[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6566 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6566

 To bring down energy prices by increasing safe, domestic production, 
 encouraging the development of alternative and renewable energy, and 
                        promoting conservation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2008

  Mr. Boehner (for himself, Mr. Blunt, Mr. Putnam, Mr. McCotter, Ms. 
Granger, Mr. Carter, Mr. Cole of Oklahoma, Mr. Cantor, Mr. Dreier, Mr. 
   Barton of Texas, Mr. English of Pennsylvania, Mr. David Davis of 
  Tennessee, Mrs. Myrick, Mrs. Miller of Michigan, Mr. Sessions, Mrs. 
Schmidt, Mrs. Cubin, Mr. Wilson of South Carolina, Mr. Latta, Mr. Issa, 
 Mr. Duncan, Mr. Rogers of Michigan, Mr. Neugebauer, Mr. Gingrey, Mr. 
  Bachus, Mr. Buyer, Mr. Nunes, Mrs. Blackburn, Ms. Fallin, Mr. Wamp, 
Mrs. Drake, Mr. Royce, Mr. Radanovich, Mr. Chabot, Mr. Brady of Texas, 
 Mr. Scalise, Mr. Aderholt, Mr. Westmoreland, Mr. Bonner, Mr. McHugh, 
 Mr. Linder, Mrs. McMorris Rodgers, Mr. King of New York, Mr. Shimkus, 
Mr. Smith of Nebraska, Mr. Rogers of Kentucky, Mr. Smith of Texas, Mr. 
Wolf, Mr. Boustany, Mr. Rohrabacher, Mr. Tiberi, Mr. Rogers of Alabama, 
   Ms. Foxx, Mr. Culberson, Mr. Kuhl of New York, Mr. Pickering, Mr. 
 Goode, Mr. Gohmert, Mr. Marchant, Mr. Davis of Kentucky, Mr. McCarthy 
 of California, Mrs. Capito, Mr. Calvert, Mrs. Bachmann, Mr. McCaul of 
  Texas, Mr. Shuster, Mr. Bishop of Utah, Mr. Everett, Mr. Burton of 
 Indiana, Mr. Boozman, Mr. LaTourette, Mr. Terry, Mr. Fortenberry, Mr. 
   King of Iowa, Mr. Manzullo, Mr. Hall of Texas, Mr. Hoekstra, Mr. 
Platts, Mr. Jones of North Carolina, Mr. Graves, Mr. Lamborn, Mr. Kline 
 of Minnesota, Mr. Sali, and Mr. Pence) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
addition to the Committees on the Judiciary, Ways and Means, Energy and 
Commerce, Armed Services, Oversight and Government Reform, and Science 
   and Technology, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To bring down energy prices by increasing safe, domestic production, 
 encouraging the development of alternative and renewable energy, and 
                        promoting conservation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Energy 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                        TITLE I--AMERICAN ENERGY

                            Subtitle A--OCS

Sec. 101. Short title.
Sec. 102. Policy.
Sec. 103. Definitions under the Submerged Lands Act.
Sec. 104. Seaward boundaries of States.
Sec. 105. Exceptions from confirmation and establishment of States' 
                            title, power, and rights.
Sec. 106. Definitions under the Outer Continental Shelf Lands Act.
Sec. 107. Determination of adjacent zones and planning areas.
Sec. 108. Administration of leasing.
Sec. 109. Grant of leases by Secretary.
Sec. 110. Disposition of receipts.
Sec. 111. Reservation of lands and rights.
Sec. 112. Outer Continental Shelf leasing program.
Sec. 113. Coordination with adjacent States.
Sec. 114. Environmental studies.
Sec. 115. Termination of effect of laws prohibiting the spending of 
                            appropriated funds for certain purposes.
Sec. 116. Outer Continental Shelf incompatible use.
Sec. 117. Repurchase of certain leases.
Sec. 118. Offsite environmental mitigation.
Sec. 119. OCS regional headquarters.
Sec. 120. Leases for areas located within 100 miles of California or 
                            Florida.
Sec. 121. Coastal impact assistance.
Sec. 122. Repeal of the Gulf of Mexico Energy Security Act of 2006.
                            Subtitle B--ANWR

Sec. 141. Short title.
Sec. 142. Definitions.
Sec. 143. Leasing program for lands within the Coastal Plain.
Sec. 144. Lease sales.
Sec. 145. Grant of leases by the Secretary.
Sec. 146. Lease terms and conditions.
Sec. 147. Coastal Plain environmental protection.
Sec. 148. Expedited judicial review.
Sec. 149. Federal and State distribution of revenues.
Sec. 150. Rights-of-way across the Coastal Plain.
Sec. 151. Conveyance.
Sec. 152. Local government impact aid and community service assistance.
                         Subtitle C--Oil Shale

Sec. 161. Repeal.
                 TITLE II--CONSERVATION AND EFFICIENCY

             Subtitle A--Tax Incentives for Fuel Efficiency

Sec. 201. Credit for new qualified plug-in electric drive motor 
                            vehicles.
Sec. 202. Extension of credit for alternative fuel vehicles.
Sec. 203. Extension of alternative fuel vehicle refueling property 
                            credit.
         Subtitle B--Tapping America's Ingenuity and Creativity

Sec. 211. Definitions.
Sec. 212. Statement of policy.
Sec. 213. Prize authority.
Sec. 214. Eligibility.
Sec. 215. Intellectual property.
Sec. 216. Waiver of liability.
Sec. 217. Authorization of appropriations.
Sec. 218. Next generation automobile prize program.
Sec. 219. Advanced battery manufacturing incentive program.
              Subtitle C--Home and Business Tax Incentives

Sec. 221. Extension of credit for energy efficient appliances.
Sec. 222. Extension of credit for nonbusiness energy property.
Sec. 223. Extension of credit for residential energy efficient 
                            property.
Sec. 224. Extension of new energy efficient home credit.
Sec. 225. Extension of energy efficient commercial buildings deduction.
Sec. 226. Extension of special rule to implement FERC and State 
                            electric restructuring policy.
Sec. 227. Home energy audits.
Sec. 228. Accelerated recovery period for depreciation of smart meters.
              Subtitle D--Refinery Permit Process Schedule

Sec. 231. Short title.
Sec. 232. Definitions.
Sec. 233. State assistance.
Sec. 234. Refinery process coordination and procedures.
Sec. 235. Designation of closed military bases.
Sec. 236. Savings clause.
Sec. 237. Refinery revitalization repeal.
               TITLE III--NEW AND EXPANDING TECHNOLOGIES

                     Subtitle A--Alternative Fuels

Sec. 301. Repeal.
Sec. 302. Government auction of long term put option contracts on coal-
                            to-liquid fuel produced by qualified coal-
                            to-liquid facilities.
Sec. 303. Standby loans for qualifying coal-to-liquids projects.
                       Subtitle B--Tax Provisions

Sec. 311. Extension of renewable electricity, refined coal, and Indian 
                            coal production credit.
Sec. 312. Extension of energy credit.
Sec. 313. Extension and modification of credit for clean renewable 
                            energy bonds.
Sec. 314. Extension of credits for biodiesel and renewable diesel.
                          Subtitle C--Nuclear

Sec. 321. Use of funds for recycling.
Sec. 322. Rulemaking for licensing of spent nuclear fuel recycling 
                            facilities.
Sec. 323. Nuclear waste fund budget status.
Sec. 324. Waste Confidence.
Sec. 325. ASME Nuclear Certification credit.
    Subtitle D--American Renewable and Alternative Energy Trust Fund

Sec. 331. American Renewable and Alternative Energy Trust Fund.

                        TITLE I--AMERICAN ENERGY

                            Subtitle A--OCS

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Deep Ocean Energy Resources Act 
of 2008''.

SEC. 102. POLICY.

    It is the policy of the United States that--
            (1) the United States is blessed with abundant energy 
        resources on the outer Continental Shelf and has developed a 
        comprehensive framework of environmental laws and regulations 
        and fostered the development of state-of-the-art technology 
        that allows for the responsible development of these resources 
        for the benefit of its citizenry;
            (2) Adjacent States are required by the circumstances to 
        commit significant resources in support of exploration, 
        development, and production activities for mineral resources on 
        the outer Continental Shelf, and it is fair and proper for a 
        portion of the receipts from such activities to be shared with 
        Adjacent States and their local coastal governments;
            (3) the existing laws governing the leasing and production 
        of the mineral resources of the outer Continental Shelf have 
        reduced the production of mineral resources, have preempted 
        Adjacent States from being sufficiently involved in the 
        decisions regarding the allowance of mineral resource 
        development, and have been harmful to the national interest;
            (4) the national interest is served by granting the 
        Adjacent States more options related to whether or not mineral 
        leasing should occur in the outer Continental Shelf within 
        their Adjacent Zones;
            (5) it is not reasonably foreseeable that exploration of a 
        leased tract located more than 25 miles seaward of the 
        coastline, development and production of a natural gas 
        discovery located more than 25 miles seaward of the coastline, 
        or development and production of an oil discovery located more 
        than 50 miles seaward of the coastline will adversely affect 
        resources near the coastline;
            (6) transportation of oil from a leased tract might 
        reasonably be foreseen, under limited circumstances, to have 
        the potential to adversely affect resources near the coastline 
        if the oil is within 50 miles of the coastline, but such 
        potential to adversely affect such resources is likely no 
        greater, and probably less, than the potential impacts from 
        tanker transportation because tanker spills usually involve 
        large releases of oil over a brief period of time; and
            (7) among other bodies of inland waters, the Great Lakes, 
        Long Island Sound, Delaware Bay, Chesapeake Bay, Albemarle 
        Sound, San Francisco Bay, and Puget Sound are not part of the 
        outer Continental Shelf, and are not subject to leasing by the 
        Federal Government for the exploration, development, and 
        production of any mineral resources that might lie beneath 
        them.

SEC. 103. DEFINITIONS UNDER THE SUBMERGED LANDS ACT.

    Section 2 of the Submerged Lands Act (43 U.S.C. 1301) is amended--
            (1) in subparagraph (2) of paragraph (a) by striking all 
        after ``seaward to a line'' and inserting ``twelve nautical 
        miles distant from the coast line of such State;'';
            (2) by striking out paragraph (b) and redesignating the 
        subsequent paragraphs in order as paragraphs (b) through (g);
            (3) by striking the period at the end of paragraph (g) (as 
        so redesignated) and inserting ``; and'';
            (4) by adding the following: ``(i) The term `Secretary' 
        means the Secretary of the Interior.''; and
            (5) by defining ``State'' as it is defined in section 2(r) 
        of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(r)).

SEC. 104. SEAWARD BOUNDARIES OF STATES.

    Section 4 of the Submerged Lands Act (43 U.S.C. 1312) is amended--
            (1) in the first sentence by striking ``original'', and in 
        the same sentence by striking ``three geographical'' and 
        inserting ``twelve nautical''; and
            (2) by striking all after the first sentence and inserting 
        the following: ``Extension and delineation of lateral offshore 
        State boundaries under the provisions of this Act shall follow 
        the lines used to determine the Adjacent Zones of coastal 
        States under the Outer Continental Shelf Lands Act to the 
        extent such lines extend twelve nautical miles for the nearest 
        coastline.''

SEC. 105. EXCEPTIONS FROM CONFIRMATION AND ESTABLISHMENT OF STATES' 
              TITLE, POWER, AND RIGHTS.

    Section 5 of the Submerged Lands Act (43 U.S.C. 1313) is amended--
            (1) by redesignating paragraphs (a) through (c) in order as 
        paragraphs (1) through (3);
            (2) by inserting ``(a)'' before ``There is excepted''; and
            (3) by inserting at the end the following:
    ``(b) Exception of Oil and Gas Mineral Rights.--There is excepted 
from the operation of sections 3 and 4 all of the oil and gas mineral 
rights for lands beneath the navigable waters that are located within 
the expanded offshore State seaward boundaries established under this 
Act. These oil and gas mineral rights shall remain Federal property and 
shall be considered to be part of the Federal outer Continental Shelf 
for purposes of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.) and subject to leasing under the authority of that Act and to 
laws applicable to the leasing of the oil and gas resources of the 
Federal outer Continental Shelf. All existing Federal oil and gas 
leases within the expanded offshore State seaward boundaries shall 
continue unchanged by the provisions of this Act, except as otherwise 
provided herein. However, a State may exercise all of its sovereign 
powers of taxation within the entire extent of its expanded offshore 
State boundaries.''.

SEC. 106. DEFINITIONS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.

    Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) 
is amended--
            (1) by amending paragraph (f) to read as follows:
    ``(f) The term `affected State' means the `Adjacent State'.'';
            (2) by striking the semicolon at the end of each of 
        paragraphs (a) through (o) and inserting a period;
            (3) by striking ``; and'' at the end of paragraph (p) and 
        inserting a period;
            (4) by adding at the end the following:
    ``(r) The term `Adjacent State' means, with respect to any program, 
plan, lease sale, leased tract or other activity, proposed, conducted, 
or approved pursuant to the provisions of this Act, any State the laws 
of which are declared, pursuant to section 4(a)(2), to be the law of 
the United States for the portion of the outer Continental Shelf on 
which such program, plan, lease sale, leased tract or activity 
appertains or is, or is proposed to be, conducted. For purposes of this 
paragraph, the term `State' includes the Commonwealth of Puerto Rico, 
the Commonwealth of the Northern Mariana Islands, the Virgin Islands, 
American Samoa, Guam, and the other Territories of the United States.
    ``(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.
    ``(t) The term `miles' means statute miles.
    ``(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)).
    ``(v) The term `Neighboring State' means a coastal State having a 
common boundary at the coastline with the Adjacent State.''; and
            (5) in paragraph (a), by inserting after ``control'' the 
        following: ``or lying within the United States exclusive 
        economic zone adjacent to the Territories of the United 
        States''.

SEC. 107. DETERMINATION OF ADJACENT ZONES AND PLANNING AREAS.

    Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1333(a)(2)(A)) is amended in the first sentence by striking ``, 
and the President'' and all that follows through the end of the 
sentence and inserting the following: ``. The lines extending seaward 
and defining each State's Adjacent Zone, and each OCS Planning Area, 
are as indicated on the maps for each outer Continental Shelf region 
entitled `Alaska OCS Region State Adjacent Zone and OCS Planning 
Areas', `Pacific OCS Region State Adjacent Zones and OCS Planning 
Areas', `Gulf of Mexico OCS Region State Adjacent Zones and OCS 
Planning Areas', and `Atlantic OCS Region State Adjacent Zones and OCS 
Planning Areas', all of which are dated September 2005 and on file in 
the Office of the Director, Minerals Management Service.''.

SEC. 108. ADMINISTRATION OF LEASING.

    Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) 
is amended by adding at the end the following:
    ``(k) Voluntary Partial Relinquishment of a Lease.--Any lessee of a 
producing lease may relinquish to the Secretary any portion of a lease 
that the lessee has no interest in producing and that the Secretary 
finds is geologically prospective. In return for any such 
relinquishment, the Secretary shall provide to the lessee a royalty 
incentive for the portion of the lease retained by the lessee, in 
accordance with regulations promulgated by the Secretary to carry out 
this subsection. The Secretary shall publish final regulations 
implementing this subsection within 365 days after the date of the 
enactment of the Deep Ocean Energy Resources Act of 2008.
    ``(l) Natural Gas Lease Regulations.--Not later than July 1, 2010, 
the Secretary shall publish a final regulation that shall--
            ``(1) establish procedures for entering into natural gas 
        leases;
            ``(2) ensure that natural gas leases are only available for 
        tracts on the outer Continental Shelf that are wholly within 
        100 miles of the coastline within an area withdrawn from 
        disposition by leasing on the day after the date of enactment 
        of the Deep Ocean Energy Resources Act of 2008;
            ``(3) provide that natural gas leases shall contain the 
        same rights and obligations established for oil and gas leases, 
        except as otherwise provided in the Deep Ocean Energy Resources 
        Act of 2008;
            ``(4) provide that, in reviewing the adequacy of bids for 
        natural gas leases, the value of any crude oil estimated to be 
        contained within any tract shall be excluded;
            ``(5) provide that any crude oil produced from a well and 
        reinjected into the leased tract shall not be subject to 
        payment of royalty, and that the Secretary shall consider, in 
        setting the royalty rates for a natural gas lease, the 
        additional cost to the lessee of not producing any crude oil; 
        and
            ``(6) provide that any Federal law that applies to an oil 
        and gas lease on the outer Continental Shelf shall apply to a 
        natural gas lease unless otherwise clearly inapplicable.''.

SEC. 109. GRANT OF LEASES BY SECRETARY.

    Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) 
is amended--
            (1) in subsection (a)(1) by inserting after the first 
        sentence the following: ``Further, the Secretary may grant 
        natural gas leases in a manner similar to the granting of oil 
        and gas leases and under the various bidding systems available 
        for oil and gas leases.'';
            (2) by adding at the end of subsection (b) the following:
    ``The Secretary may issue more than one lease for a given tract if 
each lease applies to a separate and distinct range of vertical depths, 
horizontal surface area, or a combination of the two. The Secretary may 
issue regulations that the Secretary determines are necessary to manage 
such leases consistent with the purposes of this Act.'';
            (3) by amending subsection (p)(2)(B) to read as follows:
                    ``(B) The Secretary shall provide for the payment 
                to coastal States, and their local coastal governments, 
                of 75 percent of Federal receipts from projects 
                authorized under this section located partially or 
                completely within the area extending seaward of State 
                submerged lands out to 4 marine leagues from the 
                coastline, and the payment to coastal States of 50 
                percent of the receipts from projects completely 
                located in the area more than 4 marine leagues from the 
                coastline. Payments shall be based on a formula 
                established by the Secretary by rulemaking no later 
                than 180 days after the date of the enactment of the 
                Deep Ocean Energy Resources Act of 2008 that provides 
                for equitable distribution, based on proximity to the 
                project, among coastal States that have coastline that 
                is located within 200 miles of the geographic center of 
                the project.''.
            (4) by adding at the end the following:
    ``(q) Natural Gas Leases.--
            ``(1) Right to produce natural gas.--A lessee of a natural 
        gas lease shall have the right to produce the natural gas from 
        a field on a natural gas leased tract if the Secretary 
        estimates that the discovered field has at least 40 percent of 
        the economically recoverable Btu content of the field contained 
        within natural gas and such natural gas is economical to 
        produce.
            ``(2) Crude oil.--A lessee of a natural gas lease may not 
        produce crude oil from the lease unless the Governor of the 
        Adjacent State agrees to such production.
            ``(3) Estimates of btu content.--The Secretary shall make 
        estimates of the natural gas Btu content of discovered fields 
        on a natural gas lease only after the completion of at least 
        one exploration well, the data from which has been tied to the 
        results of a three-dimensional seismic survey of the field. The 
        Secretary may not require the lessee to further delineate any 
        discovered field prior to making such estimates.
            ``(4) Definition of natural gas.--For purposes of a natural 
        gas lease, natural gas means natural gas and all substances 
        produced in association with gas, including, but not limited 
        to, hydrocarbon liquids (other than crude oil) that are 
        obtained by the condensation of hydrocarbon vapors and separate 
        out in liquid form from the produced gas stream.
    ``(r) Removal of Restrictions on Joint Bidding in Certain Areas of 
the Outer Continental Shelf.--Restrictions on joint bidders shall no 
longer apply to tracts located in the Alaska OCS Region. Such 
restrictions shall not apply to tracts in other OCS regions determined 
to be `frontier tracts' or otherwise `high cost tracts' under final 
regulations that shall be published by the Secretary by not later than 
365 days after the date of the enactment of the Deep Ocean Energy 
Resources Act of 2008.
    ``(s) Royalty Suspension Provisions.--After the date of the 
enactment of the Deep Ocean Energy Resources Act of 2008, price 
thresholds shall apply to any royalty suspension volumes granted by the 
Secretary. Unless otherwise set by Secretary by regulation or for a 
particular lease sale, the price thresholds shall be $40.50 for oil 
(January 1, 2006 dollars) and $6.75 for natural gas (January 1, 2006 
dollars).
    ``(t) Conservation of Resources Fees.--Not later than one year 
after the date of the enactment of the Deep Ocean Energy Resources Act 
of 2008, the Secretary by regulation shall establish a conservation of 
resources fee for nonproducing leases that will apply to new and 
existing leases which shall be set at $3.75 per acre per year. This fee 
shall apply from and after October 1, 2008, and shall be treated as 
offsetting receipts.'';
            (5) by striking subsection (a)(3)(A) and redesignating the 
        subsequent subparagraphs as subparagraphs (A) and (B), 
        respectively;
            (6) in subsection (a)(3)(A) (as so redesignated) by 
        striking ``In the Western'' and all that follows through ``the 
        Secretary'' the first place it appears and inserting ``The 
        Secretary''; and
            (7) effective October 1, 2008, in subsection (g)--
                    (A) by striking all after ``(g)'', except paragraph 
                (3);
                    (B) by striking the last sentence of paragraph (3); 
                and
                    (C) by striking ``(3)''.

SEC. 110. DISPOSITION OF RECEIPTS.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
is amended--
            (1) by designating the existing text as subsection (a);
            (2) in subsection (a) (as so designated) by inserting ``, 
        if not paid as otherwise provided in this title'' after 
        ``receipts''; and
            (3) by adding the following:
    ``(b) Treatment of OCS Receipts From Tracts Completely Within 100 
Miles of the Coastline.--
            ``(1) Deposit.--The Secretary shall deposit into a separate 
        account in the Treasury the portion of OCS Receipts for each 
        fiscal year that will be shared under paragraphs (2), (3), and 
        (4).
            ``(2) Phased-in receipts sharing.--
                    ``(A) Beginning October 1, 2008, the Secretary 
                shall share OCS Receipts derived from the following 
                areas:
                            ``(i) Lease tracts located on portions of 
                        the Gulf of Mexico OCS Region completely beyond 
                        4 marine leagues from any coastline and 
                        completely within 100 miles of any coastline 
                        that were available for leasing under the 2002-
                        2007 5-Year OCS Oil and Gas Leasing Program.
                            ``(ii) Lease tracts in production prior to 
                        October 1, 2008, completely beyond 4 marine 
                        leagues from any coastline and completely 
                        within 100 miles of any coastline located on 
                        portions of the OCS that were not available for 
                        leasing under the 2002-2007 5-Year OCS Oil and 
                        Gas Leasing Program.
                            ``(iii) Lease tracts for which leases are 
                        issued prior to October 1, 2008, located in the 
                        Alaska OCS Region completely beyond 4 marine 
                        leagues from any coastline and completely 
                        within 100 miles of the coastline.
                    ``(B) The Secretary shall share the following 
                percentages of OCS Receipts from the leases described 
                in subparagraph (A) derived during the fiscal year 
                indicated:
                            ``(i) For fiscal year 2009, 5 percent.
                            ``(ii) For fiscal year 2010, 8 percent.
                            ``(iii) For fiscal year 2011, 11 percent.
                            ``(iv) For fiscal year 2012, 14 percent.
                            ``(v) For fiscal year 2013, 17 percent.
                            ``(vi) For fiscal year 2014, 20 percent.
                            ``(vii) For fiscal year 2015, 23 percent.
                            ``(viii) For fiscal year 2016, 26 percent.
                            ``(ix) For fiscal year 2017, 29 percent.
                            ``(x) For fiscal year 2018, 32 percent.
                            ``(xi) For fiscal year 2019, 35 percent.
                            ``(xii) For fiscal year 2020 and each 
                        subsequent fiscal year, 37.5 percent.
                    ``(C) The provisions of this paragraph shall not 
                apply to leases that could not have been issued but for 
                section 5(k) of this Act or section 6(2) of the Deep 
                Ocean Energy Resources Act of 2008.
            ``(3) Immediate receipts sharing.--Beginning October 1, 
        2008, the Secretary shall share 37.50 percent of OCS Receipts 
        derived from all leases located completely beyond 4 marine 
        leagues from any coastline and completely within 100 miles of 
        any coastline not included within the provisions of paragraph 
        (2), and 90 percent of the balance of such OCS Receipts shall 
        be deposited into the American Renewable and Alternative Energy 
        Trust Fund established by section 331 of the American Energy 
        Act.
            ``(4) Receipts sharing from tracts within 4 marine leagues 
        of any coastline.--
                    ``(A) Areas described in paragraph (2).--Beginning 
                October 1, 2008, and continuing through September 30, 
                2010, the Secretary shall share 25 percent of OCS 
                Receipts derived from all leases located within 4 
                marine leagues from any coastline within areas 
                described in paragraph (2). For each fiscal year after 
                September 30, 2010, the Secretary shall increase the 
                percent shared in 5 percent increments each fiscal year 
                until the sharing rate for all leases located within 4 
                marine leagues from any coastline within areas 
                described in paragraph (2) becomes 75 percent.
                    ``(B) Areas not described in paragraph (2).--
                Beginning October 1, 2008, the Secretary shall share 75 
                percent of OCS receipts derived from all leases located 
                completely or partially within 4 marine leagues from 
                any coastline within areas not described paragraph (2).
            ``(5) Allocations.--The Secretary shall allocate the OCS 
        Receipts deposited into the separate account established by 
        paragraph (1) that are shared under paragraphs (2), (3), and 
        (4) as follows:
                    ``(A) Bonus bids.--Deposits derived from bonus bids 
                from a leased tract, including interest thereon, shall 
                be allocated at the end of each fiscal year to the 
                Adjacent State.
                    ``(B) Royalties.--Deposits derived from royalties 
                from a leased tract, including interest thereon, shall 
                be allocated at the end of each fiscal year to the 
                Adjacent State and any other producing State or States 
                with a leased tract within its Adjacent Zone within 100 
                miles of its coastline that generated royalties during 
                the fiscal year, if the other producing or States have 
                a coastline point within 300 miles of any portion of 
                the leased tract, in which case the amount allocated 
                for the leased tract shall be--
                            ``(i) one-third to the Adjacent State; and
                            ``(ii) two-thirds to each producing State, 
                        including the Adjacent State, inversely 
                        proportional to the distance between the 
                        nearest point on the coastline of the producing 
                        State and the geographic center of the leased 
                        tract.
    ``(c) Treatment of OCS Receipts From Tracts Partially or Completely 
Beyond 100 Miles of the Coastline.--
            ``(1) Deposit.--The Secretary shall deposit into a separate 
        account in the Treasury the portion of OCS Receipts for each 
        fiscal year that will be shared under paragraphs (2) and (3).
            ``(2) Phased-in receipts sharing.--
                    ``(A) Beginning October 1, 2008, the Secretary 
                shall share OCS Receipts derived from the following 
                areas:
                            ``(i) Lease tracts located on portions of 
                        the Gulf of Mexico OCS Region partially or 
                        completely beyond 100 miles of any coastline 
                        that were available for leasing under the 2002-
                        2007 5-Year OCS Oil and Gas Leasing Program.
                            ``(ii) Lease tracts in production prior to 
                        October 1, 2008, partially or completely beyond 
                        100 miles of any coastline located on portions 
                        of the OCS that were not available for leasing 
                        under the 2002-2007 5-Year OCS Oil and Gas 
                        Leasing Program.
                            ``(iii) Lease tracts for which leases are 
                        issued prior to October 1, 2008, located in the 
                        Alaska OCS Region partially or completely 
                        beyond 100 miles of the coastline.
                    ``(B) The Secretary shall share the following 
                percentages of OCS Receipts from the leases described 
                in subparagraph (A) derived during the fiscal year 
                indicated:
                            ``(i) For fiscal year 2009, 5 percent.
                            ``(ii) For fiscal year 2010, 8 percent.
                            ``(iii) For fiscal year 2011, 11 percent.
                            ``(iv) For fiscal year 2012, 14 percent.
                            ``(v) For fiscal year 2013, 17 percent.
                            ``(vi) For fiscal year 2014, 20 percent.
                            ``(vii) For fiscal year 2015, 23 percent.
                            ``(viii) For fiscal year 2016, 26 percent.
                            ``(ix) For fiscal year 2017, 29 percent.
                            ``(x) For fiscal year 2018, 32 percent.
                            ``(xi) For fiscal year 2019, 35 percent.
                            ``(xii) For fiscal year 2020 and each 
                        subsequent fiscal year, 37.5 percent.
                    ``(C) The provisions of this paragraph shall not 
                apply to leases that could not have been issued but for 
                section 5(k) of this Act or section 106(2) of the Deep 
                Ocean Energy Resources Act of 2008.
            ``(3) Immediate receipts sharing.--Beginning October 1, 
        2008, the Secretary shall share 37.5 percent of OCS Receipts 
        derived on and after October 1, 2008, from all leases located 
        partially or completely beyond 100 miles of any coastline not 
        included within the provisions of paragraph (2), except that 
        the Secretary shall only share 25 percent of such OCS Receipts 
        derived from all such leases within a State's Adjacent Zone if 
        no leasing is allowed within any portion of that State's 
        Adjacent Zone located completely within 100 miles of any 
        coastline.
            ``(4) Allocations.--The Secretary shall allocate the OCS 
        Receipts deposited into the separate account established by 
        paragraph (1) that are shared under paragraphs (2) and (3) as 
        follows:
                    ``(A) Bonus bids.--Deposits derived from bonus bids 
                from a leased tract, including interest thereon, shall 
                be allocated at the end of each fiscal year to the 
                Adjacent State.
                    ``(B) Royalties.--Deposits derived from royalties 
                from a leased tract, including interest thereon, shall 
                be allocated at the end of each fiscal year to the 
                Adjacent State and any other producing State or States 
                with a leased tract within its Adjacent Zone partially 
                or completely beyond 100 miles of its coastline that 
                generated royalties during the fiscal year, if the 
                other producing State or States have a coastline point 
                within 300 miles of any portion of the leased tract, in 
                which case the amount allocated for the leased tract 
                shall be--
                            ``(i) one-third to the Adjacent State; and
                            ``(ii) two-thirds to each producing State, 
                        including the Adjacent State, inversely 
                        proportional to the distance between the 
                        nearest point on the coastline of the producing 
                        State and the geographic center of the leased 
                        tract.
    ``(d) Transmission of Allocations.--
            ``(1) In general.--Not later than 90 days after the end of 
        each fiscal year, the Secretary shall transmit--
                    ``(A) to each State 60 percent of such State's 
                allocations under subsections (b)(5)(A), (b)(5)(B), 
                (c)(4)(A), and (c)(4)(B) for the immediate prior fiscal 
                year;
                    ``(B) to each coastal county-equivalent and 
                municipal political subdivisions of such State a total 
                of 40 percent of such State's allocations under 
                subsections (b)(5)(A), (b)(5)(B), (c)(4)(A), and 
                (c)(4)(B), together with all accrued interest thereon; 
                and
                    ``(C) the remaining allocations under subsections 
                (b)(5) and (c)(4), together with all accrued interest 
                thereon.
            ``(2) Allocations to coastal county-equivalent political 
        subdivisions.--The Secretary shall make an initial allocation 
        of the OCS Receipts to be shared under paragraph (1)(B) as 
        follows:
                    ``(A) 25 percent shall be allocated to coastal 
                county-equivalent political subdivisions that are 
                completely more than 25 miles landward of the coastline 
                and at least a part of which lies not more than 75 
                miles landward from the coastline, with the allocation 
                among such coastal county-equivalent political 
                subdivisions based on population.
                    ``(B) 75 percent shall be allocated to coastal 
                county-equivalent political subdivisions that are 
                completely or partially less than 25 miles landward of 
                the coastline, with the allocation among such coastal 
                county-equivalent political subdivisions to be further 
                allocated as follows:
                            ``(i) 25 percent shall be allocated based 
                        on the ratio of such coastal county-equivalent 
                        political subdivision's population to the 
                        coastal population of all coastal county-
                        equivalent political subdivisions in the State.
                            ``(ii) 25 percent shall be allocated based 
                        on the ratio of such coastal county-equivalent 
                        political subdivision's coastline miles to the 
                        coastline miles of all coastal county-
                        equivalent political subdivisions in the State 
                        as calculated by the Secretary. In such 
                        calculations, coastal county-equivalent 
                        political subdivisions without a coastline 
                        shall be considered to have 50 percent of the 
                        average coastline miles of the coastal county-
                        equivalent political subdivisions that do have 
                        coastlines.
                            ``(iii) 25 percent shall be allocated to 
                        all coastal county-equivalent political 
                        subdivisions having a coastline point within 
                        300 miles of the leased tract for which OCS 
                        Receipts are being shared based on a formula 
                        that allocates the funds based on such coastal 
                        county-equivalent political subdivision's 
                        relative distance from the leased tract.
                            ``(iv) 25 percent shall be allocated to all 
                        coastal county-equivalent political 
                        subdivisions having a coastline point within 
                        300 miles of the leased tract for which OCS 
                        Receipts are being shared based on the relative 
                        level of outer Continental Shelf oil and gas 
                        activities in a coastal political subdivision 
                        compared to the level of outer Continental 
                        Shelf activities in all coastal political 
                        subdivisions in the State. The Secretary shall 
                        define the term `outer Continental Shelf oil 
                        and gas activities' for purposes of this 
                        subparagraph to include, but not be limited to, 
                        construction of vessels, drillships, and 
                        platforms involved in exploration, production, 
                        and development on the outer Continental Shelf; 
                        support and supply bases, ports, and related 
                        activities; offices of geologists, 
                        geophysicists, engineers, and other 
                        professionals involved in support of 
                        exploration, production, and development of oil 
                        and gas on the outer Continental Shelf; 
                        pipelines and other means of transporting oil 
                        and gas production from the outer Continental 
                        Shelf; and processing and refining of oil and 
                        gas production from the outer Continental 
                        Shelf. For purposes of this subparagraph, if a 
                        coastal county-equivalent political subdivision 
                        does not have a coastline, its coastal point 
                        shall be the point on the coastline closest to 
                        it.
            ``(3) Allocations to coastal municipal political 
        subdivisions.--The initial allocation to each coastal county-
        equivalent political subdivision under paragraph (2) shall be 
        further allocated to the coastal county-equivalent political 
        subdivision and any coastal municipal political subdivisions 
        located partially or wholly within the boundaries of the 
        coastal county-equivalent political subdivision as follows:
                    ``(A) One-third shall be allocated to the coastal 
                county-equivalent political subdivision.
                    ``(B) Two-thirds shall be allocated on a per capita 
                basis to the municipal political subdivisions and the 
                county-equivalent political subdivision, with the 
                allocation to the latter based upon its population not 
                included within the boundaries of a municipal political 
                subdivision.
    ``(e) Investment of Deposits.--Amounts deposited under this section 
shall be invested by the Secretary of the Treasury in securities backed 
by the full faith and credit of the United States having maturities 
suitable to the needs of the account in which they are deposited and 
yielding the highest reasonably available interest rates as determined 
by the Secretary of the Treasury.
    ``(f) Use of Funds.--A recipient of funds under this section may 
use the funds for one or more of the following:
            ``(1) To reduce in-State college tuition at public 
        institutions of higher learning and otherwise support public 
        education, including career technical education.
            ``(2) To make transportation infrastructure improvements.
            ``(3) To reduce taxes.
            ``(4) To promote, fund, and provide for--
                    ``(A) coastal or environmental restoration;
                    ``(B) fish, wildlife, and marine life habitat 
                enhancement;
                    ``(C) waterways construction and maintenance;
                    ``(D) levee construction and maintenance and shore 
                protection; and
                    ``(E) marine and oceanographic education and 
                research.
            ``(5) To promote, fund, and provide for--
                    ``(A) infrastructure associated with energy 
                production activities conducted on the outer 
                Continental Shelf;
                    ``(B) energy demonstration projects;
                    ``(C) supporting infrastructure for shore-based 
                energy projects;
                    ``(D) State geologic programs, including geologic 
                mapping and data storage programs, and State 
                geophysical data acquisition;
                    ``(E) State seismic monitoring programs, including 
                operation of monitoring stations;
                    ``(F) development of oil and gas resources through 
                enhanced recovery techniques;
                    ``(G) alternative energy development, including bio 
                fuels, coal-to-liquids, oil shale, tar sands, 
                geothermal, geopressure, wind, waves, currents, hydro, 
                and other renewable energy;
                    ``(H) energy efficiency and conservation programs; 
                and
                    ``(I) front-end engineering and design for 
                facilities that produce liquid fuels from hydrocarbons 
                and other biological matter.
            ``(6) To promote, fund, and provide for--
                    ``(A) historic preservation programs and projects;
                    ``(B) natural disaster planning and response; and
                    ``(C) hurricane and natural disaster insurance 
                programs.
            ``(7) For any other purpose as determined by State law.
    ``(g) No Accounting Required.--No recipient of funds under this 
section shall be required to account to the Federal Government for the 
expenditure of such funds, except as otherwise may be required by law. 
However, States may enact legislation providing for accounting for and 
auditing of such expenditures. Further, funds allocated under this 
section to States and political subdivisions may be used as matching 
funds for other Federal programs.
    ``(h) Effect of Future Laws.--Enactment of any future Federal 
statute that has the effect, as determined by the Secretary, of 
restricting any Federal agency from spending appropriated funds, or 
otherwise preventing it from fulfilling its pre-existing 
responsibilities as of the date of enactment of the statute, unless 
such responsibilities have been reassigned to another Federal agency by 
the statute with no prevention of performance, to issue any permit or 
other approval impacting on the OCS oil and gas leasing program, or any 
lease issued thereunder, or to implement any provision of this Act 
shall automatically prohibit any sharing of OCS Receipts under this 
section directly with the States, and their coastal political 
subdivisions, for the duration of the restriction. The Secretary shall 
make the determination of the existence of such restricting effects 
within 30 days of a petition by any outer Continental Shelf lessee or 
producing State.
    ``(i) Definitions.--In this section:
            ``(1) Coastal county-equivalent political subdivision.--The 
        term `coastal county-equivalent political subdivision' means a 
        political jurisdiction immediately below the level of State 
        government, including a county, parish, borough in Alaska, 
        independent municipality not part of a county, parish, or 
        borough in Alaska, or other equivalent subdivision of a coastal 
        State, that lies within the coastal zone.
            ``(2) Coastal municipal political subdivision.--The term 
        `coastal municipal political subdivision' means a municipality 
        located within and part of a county, parish, borough in Alaska, 
        or other equivalent subdivision of a State, all or part of 
        which coastal municipal political subdivision lies within the 
        coastal zone.
            ``(3) Coastal population.--The term `coastal population' 
        means the population of all coastal county-equivalent political 
        subdivisions, as determined by the most recent official data of 
        the Census Bureau.
            ``(4) Coastal zone.--The term `coastal zone' means that 
        portion of a coastal State, including the entire territory of 
        any coastal county-equivalent political subdivision at least a 
        part of which lies, within 75 miles landward from the 
        coastline, or a greater distance as determined by State law 
        enacted to implement this section.
            ``(5) Bonus bids.--The term `bonus bids' means all funds 
        received by the Secretary to issue an outer Continental Shelf 
        minerals lease.
            ``(6) Royalties.--The term `royalties' means all funds 
        received by the Secretary from production of oil or natural 
        gas, or the sale of production taken in-kind, from an outer 
        Continental Shelf minerals lease.
            ``(7) Producing state.--The term `producing State' means an 
        Adjacent State having an Adjacent Zone containing leased tracts 
        from which OCS Receipts were derived.
            ``(8) OCS receipts.--The term `OCS Receipts' means bonus 
        bids, royalties, and conservation of resources fees.''.

SEC. 111. RESERVATION OF LANDS AND RIGHTS.

    Section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1341) is amended--
            (1) in subsection (a) by adding at the end the following: 
        ``The President may partially or completely revise or revoke 
        any prior withdrawal made by the President under the authority 
        of this section. The President may not revise or revoke a 
        withdrawal that is extended by a State under subsection (h), 
        nor may the President withdraw from leasing any area for which 
        a State failed to prohibit, or petition to prohibit, leasing 
        under subsection (g). Further, in the area of the outer 
        Continental Shelf more than 100 miles from any coastline, not 
        more than 25 percent of the acreage of any OCS Planning Area 
        may be withdrawn from leasing under this section at any point 
        in time. A withdrawal by the President may be for a term not to 
        exceed 10 years. When considering potential uses of the outer 
        Continental Shelf, to the maximum extent possible, the 
        President shall accommodate competing interests and potential 
        uses.'';
            (2) by adding at the end the following:
    ``(g) Availability for Leasing Within Certain Areas of the Outer 
Continental Shelf.--
            ``(1) Prohibition against leasing.--
                    ``(A) Unavailable for leasing without state 
                request.--Except as otherwise provided in this 
                subsection, from and after enactment of the Deep Ocean 
                Energy Resources Act of 2008, the Secretary shall not 
                offer for leasing for oil and gas, or natural gas, any 
                area within 50 miles of the coastline that was 
                withdrawn from disposition by leasing in the Atlantic 
                OCS Region or the Pacific OCS Region, or the Gulf of 
                Mexico OCS Region Eastern Planning Area, as depicted on 
                the maps referred to in this subparagraph, under the 
                `Memorandum on Withdrawal of Certain Areas of the 
                United States Outer Continental Shelf from Leasing 
                Disposition', 34 Weekly Comp. Pres. Doc. 1111, dated 
                June 12, 1998, or any area within 50 miles of the 
                coastline not withdrawn under that Memorandum that is 
                included within the Gulf of Mexico OCS Region Eastern 
                Planning Area as indicated on the map entitled `Gulf of 
                Mexico OCS Region State Adjacent Zones and OCS Planning 
                Areas' or the Florida Straits Planning Area as 
                indicated on the map entitled `Atlantic OCS Region 
                State Adjacent Zones and OCS Planning Areas', both of 
                which are dated September 2005 and on file in the 
                Office of the Director, Minerals Management Service.
                    ``(B) Areas between 50 and 100 miles from the 
                coastline.--Unless an Adjacent State petitions under 
                subsection (h) within one year after the date of the 
                enactment of the Deep Ocean Energy Resources Act of 
                2008 for natural gas leasing or by June 30, 2010, for 
                oil and gas leasing, the Secretary shall offer for 
                leasing any area more than 50 miles but less than 100 
                miles from the coastline that was withdrawn from 
                disposition by leasing in the Atlantic OCS Region, the 
                Pacific OCS Region, or the Gulf of Mexico OCS Region 
                Eastern Planning Area, as depicted on the maps referred 
                to in this subparagraph, under the `Memorandum on 
                Withdrawal of Certain Areas of the United States Outer 
                Continental Shelf from Leasing Disposition', 34 Weekly 
                Comp. Pres. Doc. 1111, dated June 12, 1998, or any area 
                more than 50 miles but less than 100 miles of the 
                coastline not withdrawn under that Memorandum that is 
                included within the Gulf of Mexico OCS Region Eastern 
                Planning Area as indicated on the map entitled `Gulf of 
                Mexico OCS Region State Adjacent Zones and OCS Planning 
                Areas' or within the Florida Straits Planning Area as 
                indicated on the map entitled `Atlantic OCS Region 
                State Adjacent Zones and OCS Planning Areas', both of 
                which are dated September 2005 and on file in the 
                Office of the Director, Minerals Management Service.
            ``(2) Petition for leasing.--
                    ``(A) In general.--The Governor of the State, upon 
                concurrence of its legislature, may submit to the 
                Secretary a petition requesting that the Secretary make 
                available any area that is within the State's Adjacent 
                Zone, included within the provisions of paragraph (1), 
                and that (i) is greater than 25 miles from any point on 
                the coastline of a Neighboring State for the conduct of 
                offshore leasing, pre-leasing, and related activities 
                with respect to natural gas leasing; or (ii) is greater 
                than 50 miles from any point on the coastline of a 
                Neighboring State for the conduct of offshore leasing, 
                pre-leasing, and related activities with respect to oil 
                and gas leasing. The Adjacent State may also petition 
                for leasing any other area within its Adjacent Zone if 
                leasing is allowed in the similar area of the Adjacent 
                Zone of the applicable Neighboring State, or if not 
                allowed, if the Neighboring State, acting through its 
                Governor, expresses its concurrence with the petition. 
                The Secretary shall only consider such a petition upon 
                making a finding that leasing is allowed in the similar 
                area of the Adjacent Zone of the applicable Neighboring 
                State or upon receipt of the concurrence of the 
                Neighboring State. The date of receipt by the Secretary 
                of such concurrence by the Neighboring State shall 
                constitute the date of receipt of the petition for that 
                area for which the concurrence applies.
                    ``(B) Limitations on leasing.--In its petition, a 
                State with an Adjacent Zone that contains leased tracts 
                may condition new leasing for oil and gas, or natural 
                gas for tracts within 25 miles of the coastline by--
                            ``(i) requiring a net reduction in the 
                        number of production platforms;
                            ``(ii) requiring a net increase in the 
                        average distance of production platforms from 
                        the coastline;
                            ``(iii) limiting permanent surface 
                        occupancy on new leases to areas that are more 
                        than 10 miles from the coastline;
                            ``(iv) limiting some tracts to being 
                        produced from shore or from platforms located 
                        on other tracts; or
                            ``(v) other conditions that the Adjacent 
                        State may deem appropriate as long as the 
                        Secretary does not determine that production is 
                        made economically or technically impracticable 
                        or otherwise impossible.
                    ``(C) Action by secretary.--Not later than 90 days 
                after receipt of a petition under subparagraph (A), the 
                Secretary shall approve the petition, unless the 
                Secretary determines that leasing the area would 
                probably cause serious harm or damage to the marine 
                resources of the State's Adjacent Zone. Prior to 
                approving the petition, the Secretary shall complete an 
                environmental assessment that documents the anticipated 
                environmental effects of leasing in the area included 
                within the scope of the petition.
                    ``(D) Failure to act.--If the Secretary fails to 
                approve or deny a petition in accordance with 
                subparagraph (C) the petition shall be considered to be 
                approved 90 days after receipt of the petition.
                    ``(E) Amendment of the 5-year leasing program.--
                Notwithstanding section 18, within 180 days of the 
                approval of a petition under subparagraph (C) or (D), 
                after the expiration of the time limits in paragraph 
                (1)(B), the Secretary shall amend the current 5-Year 
                Outer Continental Shelf Oil and Gas Leasing Program to 
                include a lease sale or sales for at least 75 percent 
                of the associated areas, unless there are, from the 
                date of approval, expiration of such time limits, as 
                applicable, fewer than 12 months remaining in the 
                current 5-Year Leasing Program in which case the 
                Secretary shall include the associated areas within 
                lease sales under the next 5-Year Leasing Program. For 
                purposes of amending the 5-Year Program in accordance 
                with this section, further consultations with States 
                shall not be required. For purposes of this section, an 
                environmental assessment performed under the provisions 
                of the National Environmental Policy Act of 1969 to 
                assess the effects of approving the petition shall be 
                sufficient to amend the 5-Year Leasing Program.
    ``(h) Option To Extend Withdrawal From Leasing Within Certain Areas 
of the Outer Continental Shelf.--A State, through its Governor and upon 
the concurrence of its legislature, may extend for a period of time of 
up to 5 years for each extension the withdrawal from leasing for all or 
part of any area within the State's Adjacent Zone located more than 50 
miles, but less than 100 miles, from the coastline that is subject to 
subsection (g)(1)(B). A State may extend multiple times for any 
particular area but not more than once per calendar year for any 
particular area. A State must prepare separate extensions, with 
separate votes by its legislature, for oil and gas leasing and for 
natural gas leasing. An extension by a State may affect some areas to 
be withdrawn from all leasing and some areas to be withdrawn only from 
one type of leasing.
    ``(i) Effect of Other Laws.--Adoption by any Adjacent State of any 
constitutional provision, or enactment of any State statute, that has 
the effect, as determined by the Secretary, of restricting either the 
Governor or the Legislature, or both, from exercising full discretion 
related to subsection (g) or (h), or both, shall automatically (1) 
prohibit any sharing of OCS Receipts under this Act with the Adjacent 
State, and its coastal political subdivisions, and (2) prohibit the 
Adjacent State from exercising any authority under subsection (h), for 
the duration of the restriction. The Secretary shall make the 
determination of the existence of such restricting constitutional 
provision or State statute within 30 days of a petition by any outer 
Continental Shelf lessee or coastal State.
    ``(j) Prohibition on Leasing East of the Military Mission Line.--
            ``(1) Notwithstanding any other provision of law, from and 
        after the enactment of the Deep Ocean Energy Resources Act of 
        2008, prior to January 1, 2022, no area of the outer 
        Continental Shelf located in the Gulf of Mexico east of the 
        military mission line may be offered for leasing for oil and 
        gas or natural gas unless a waiver is issued by the Secretary 
        of Defense. If such a waiver is granted, 62.5 percent of the 
        OCS Receipts from a lease within such area issued because of 
        such waiver shall be paid annually to the National Guards of 
        all States having a point within 1000 miles of such a lease, 
        allocated among the States on a per capita basis using the 
        entire population of such States.
            ``(2) In this subsection, the term `military mission line' 
        means a line located at 86 degrees, 41 minutes West Longitude, 
        and extending south from the coast of Florida to the outer 
        boundary of United States territorial waters in the Gulf of 
        Mexico.''.

SEC. 112. OUTER CONTINENTAL SHELF LEASING PROGRAM.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended--
            (1) in subsection (a), by adding at the end of paragraph 
        (3) the following: ``The Secretary shall, in each 5-Year 
        Program, include lease sales that when viewed as a whole 
        propose to offer for oil and gas or natural gas leasing at 
        least 75 percent of the available unleased acreage within each 
        OCS Planning Area. Available unleased acreage is that portion 
        of the outer Continental Shelf that is not under lease at the 
        time of the proposed lease sale, and has not otherwise been 
        made unavailable for leasing by law.'';
            (2) in subsection (c), by striking so much as precedes 
        paragraph (3) and inserting the following:
    ``(c)(1) During the preparation of any proposed leasing program 
under this section, the Secretary shall consider and analyze leasing 
throughout the entire outer Continental Shelf without regard to any 
other law affecting such leasing. During this preparation the Secretary 
shall invite and consider suggestions from any interested Federal 
agency, including the Attorney General, in consultation with the 
Federal Trade Commission, and from the Governor of any coastal State. 
The Secretary may also invite or consider any suggestions from the 
executive of any local government in a coastal State that have been 
previously submitted to the Governor of such State, and from any other 
person. Further, the Secretary shall consult with the Secretary of 
Defense regarding military operational needs in the outer Continental 
Shelf. The Secretary shall work with the Secretary of Defense to 
resolve any conflicts that might arise regarding offering any area of 
the outer Continental Shelf for oil and gas or natural gas leasing. If 
the Secretaries are not able to resolve all such conflicts, any 
unresolved issues shall be elevated to the President for resolution.
    ``(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.''; and
            (3) by adding at the end the following:
    ``(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--
            ``(1) provide to each Adjacent State a current estimate of 
        proven and potential oil and gas resources located within the 
        State's Adjacent Zone; and
            ``(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.''.

SEC. 113. COORDINATION WITH ADJACENT STATES.

    Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1345) is amended--
            (1) in subsection (a) in the first sentence by inserting 
        ``, for any tract located within the Adjacent State's Adjacent 
        Zone,'' after ``government''; and
            (2) by adding the following:
    ``(f)(1) No Federal agency may permit or otherwise approve, without 
the concurrence of the Adjacent State, the construction of a crude oil 
or petroleum products (or both) pipeline within the part of the 
Adjacent State's Adjacent Zone that is withdrawn from oil and gas or 
natural gas leasing, except that such a pipeline may be approved, 
without such Adjacent State's concurrence, to pass through such 
Adjacent Zone if at least 50 percent of the production projected to be 
carried by the pipeline within its first 10 years of operation is from 
areas of the Adjacent State's Adjacent Zone.
    ``(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.''.

SEC. 114. ENVIRONMENTAL STUDIES.

    Section 20(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1346) is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following:
            ``(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:
                    ``(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.
                    ``(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.
                    ``(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.
                    ``(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.''.

SEC. 115. TERMINATION OF EFFECT OF LAWS PROHIBITING THE SPENDING OF 
              APPROPRIATED FUNDS FOR CERTAIN PURPOSES.

    All provisions of existing Federal law prohibiting the spending of 
appropriated funds to conduct oil and natural gas leasing and 
preleasing activities, or to issue a lease to any person, for any area 
of the outer Continental Shelf shall have no force or effect.

SEC. 116. OUTER CONTINENTAL SHELF INCOMPATIBLE USE.

    (a) In General.--No Federal agency may permit construction or 
operation (or both) of any facility, or designate or maintain a 
restricted transportation corridor or operating area on the Federal 
outer Continental Shelf or in State waters, that will be incompatible 
with, as determined by the Secretary of the Interior, oil and gas or 
natural gas leasing and substantially full exploration and production 
of tracts that are geologically prospective for oil or natural gas (or 
both).
    (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--
            (1) located in an area of the outer Continental Shelf that 
        is unavailable for oil and gas or natural gas leasing by 
        operation of law;
            (2) used for a military readiness activity (as defined in 
        section 315(f) of Public Law 107-314; 16 U.S.C. 703 note); or
            (3) required in the national interest, as determined by the 
        President.

SEC. 117. REPURCHASE OF CERTAIN LEASES.

    (a) Authority To Repurchase and Cancel Certain Leases.--The 
Secretary of the Interior shall repurchase and cancel any Federal oil 
and gas, geothermal, coal, oil shale, tar sands, or other mineral 
lease, whether onshore or offshore, but not including any outer 
Continental Shelf oil and gas leases that were subject to litigation in 
the Court of Federal Claims on January 1, 2006, if the Secretary finds 
that such lease qualifies for repurchase and cancellation under the 
regulations authorized by this section.
    (b) Regulations.--Not later than 365 days after the date of the 
enactment of this Act, the Secretary shall publish a final regulation 
stating the conditions under which a lease referred to in subsection 
(a) would qualify for repurchase and cancellation, and the process to 
be followed regarding repurchase and cancellation. Such regulation 
shall include, but not be limited to, the following:
            (1) The Secretary shall repurchase and cancel a lease after 
        written request by the lessee upon a finding by the Secretary 
        that--
                    (A) a request by the lessee for a required permit 
                or other approval complied with applicable law, except 
                the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
                et seq.), and terms of the lease and such permit or 
                other approval was denied;
                    (B) a Federal agency failed to act on a request by 
                the lessee for a required permit, other approval, or 
                administrative appeal within a regulatory or statutory 
                time-frame associated with the requested action, 
                whether advisory or mandatory, or if none, within 180 
                days; or
                    (C) a Federal agency attached a condition of 
                approval, without agreement by the lessee, to a 
                required permit or other approval if such condition of 
                approval was not mandated by Federal statute or 
                regulation in effect on the date of lease issuance, or 
                was not specifically allowed under the terms of the 
                lease.
            (2) A lessee shall not be required to exhaust 
        administrative remedies regarding a permit request, 
        administrative appeal, or other required request for approval 
        for the purposes of this section.
            (3) The Secretary shall make a final agency decision on a 
        request by a lessee under this section within 180 days of 
        request.
            (4) Compensation to a lessee to repurchase and cancel a 
        lease under this section shall be the amount that a lessee 
        would receive in a restitution case for a material breach of 
        contract.
            (5) Compensation shall be in the form of a check or 
        electronic transfer from the Department of the Treasury from 
        funds deposited into miscellaneous receipts under the authority 
        of the same Act that authorized the issuance of the lease being 
        repurchased.
            (6) Failure of the Secretary to make a final agency 
        decision on a request by a lessee under this section within 180 
        days of request shall result in a 10 percent increase in the 
        compensation due to the lessee if the lease is ultimately 
        repurchased.
    (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.

SEC. 118. OFFSITE ENVIRONMENTAL MITIGATION.

    Notwithstanding any other provision of law, any person conducting 
activities under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the 
Geothermal Steam Act (30 U.S.C. 1001 et seq.), the Mineral Leasing Act 
for Acquired Lands (30 U.S.C. 351 et seq.), the Weeks Act (16 U.S.C. 
552 et seq.), the General Mining Act of 1872 (30 U.S.C. 22 et seq.), 
the Materials Act of 1947 (30 U.S.C. 601 et seq.), or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), may in satisfying 
any mitigation requirements associated with such activities propose 
mitigation measures on a site away from the area impacted and the 
Secretary of the Interior shall accept these proposed measures if the 
Secretary finds that they generally achieve the purposes for which 
mitigation measures appertained.

SEC. 119. OCS REGIONAL HEADQUARTERS.

    Not later than July 1, 2010, the Secretary of the Interior shall 
establish the headquarters for the Atlantic OCS Region, the 
headquarters for the Gulf of Mexico OCS Region, and the headquarters 
for the Pacific OCS Region within a State bordering the Atlantic OCS 
Region, a State bordering the Gulf of Mexico OCS Region, and a State 
bordering the Pacific OCS Region, respectively, from among the States 
bordering those Regions, that petitions by no later than January 1, 
2010, for leasing, for oil and gas or natural gas, covering at least 40 
percent of the area of its Adjacent Zone within 100 miles of the 
coastline. Such Atlantic and Pacific OCS Regions headquarters shall be 
located within 25 miles of the coastline and each MMS OCS regional 
headquarters shall be the permanent duty station for all Minerals 
Management Service personnel that on a daily basis spend on average 60 
percent or more of their time in performance of duties in support of 
the activities of the respective Region, except that the Minerals 
Management Service may house regional inspection staff in other 
locations. Each OCS Region shall each be led by a Regional Director who 
shall be an employee within the Senior Executive Service.

SEC. 120. LEASES FOR AREAS LOCATED WITHIN 100 MILES OF CALIFORNIA OR 
              FLORIDA.

    (a) Authorization To Cancel and Exchange Certain Existing Oil and 
Gas Leases; Prohibition on Submittal of Exploration Plans for Certain 
Leases Prior to June 30, 2012.--
            (1) Authority.--Within 2 years after the date of enactment 
        of this Act, the lessee of an existing oil and gas lease for an 
        area located completely within 100 miles of the coastline 
        within the California or Florida Adjacent Zones shall have the 
        option, without compensation, of exchanging such lease for a 
        new oil and gas lease having a primary term of 5 years. For the 
        area subject to the new lease, the lessee may select any 
        unleased tract on the outer Continental Shelf that is in an 
        area available for leasing. Further, with the permission of the 
        relevant Governor, such a lessee may convert its existing oil 
        and gas lease into a natural gas lease having a primary term of 
        5 years and covering the same area as the existing lease or 
        another area within the same State's Adjacent Zone within 100 
        miles of the coastline.
            (2) Administrative process.--The Secretary of the Interior 
        shall establish a reasonable administrative process to 
        implement paragraph (1). Exchanges and conversions under 
        subsection (a), including the issuance of new leases, shall not 
        be considered to be major Federal actions for purposes of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.). Further, such actions conducted in accordance with this 
        section are deemed to be in compliance all provisions of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
            (3) Operating restrictions.--A new lease issued in exchange 
        for an existing lease under this section shall be subject to 
        such national defense operating stipulations on the OCS tract 
        covered by the new lease as may be applicable upon issuance.
            (4) Priority.--The Secretary shall give priority in the 
        lease exchange process based on the amount of the original 
        bonus bid paid for the issuance of each lease to be exchanged. 
        The Secretary shall allow leases covering partial tracts to be 
        exchanged for leases covering full tracts conditioned upon 
        payment of additional bonus bids on a per-acre basis as 
        determined by the average per acre of the original bonus bid 
        per acre for the partial tract being exchanged.
            (5) Exploration plans.--Any exploration plan submitted to 
        the Secretary of the Interior after the date of the enactment 
        of this Act and before July 1, 2012, for an oil and gas lease 
        for an area wholly within 100 miles of the coastline within the 
        California Adjacent Zone or Florida Adjacent Zone shall not be 
        treated as received by the Secretary until the earlier of July 
        1, 2012, or the date on which a petition by the Adjacent State 
        for oil and gas leasing covering the area within which is 
        located the area subject to the oil and gas lease was approved.
    (b) Further Lease Cancellation and Exchange Provisions.--
            (1) Cancellation of lease.--As part of the lease exchange 
        process under this section, the Secretary shall cancel a lease 
        that is exchanged under this section.
            (2) Consent of lessees.--All lessees holding an interest in 
        a lease must consent to cancellation of their leasehold 
        interests in order for the lease to be cancelled and exchanged 
        under this section.
            (3) Waiver of rights.--As a prerequisite to the exchange of 
        a lease under this section, the lessee must waive any rights to 
        bring any litigation against the United States related to the 
        transaction.
            (4) Plugging and abandonment.--The plugging and abandonment 
        requirements for any wells located on any lease to be cancelled 
        and exchanged under this section must be complied with by the 
        lessees prior to the cancellation and exchange.
    (c) Area Partially Within 100 Miles of Florida.--An existing oil 
and gas lease for an area located partially within 100 miles of the 
coastline within the Florida Adjacent Zone may only be developed and 
produced using wells drilled from well-head locations at least 100 
miles from the coastline to any bottom-hole location on the area of the 
lease. This subsection shall not apply if Florida has petitioned for 
leasing closer to the coastline than 100 miles.
    (d) Existing Oil and Gas Lease Defined.--In this section the term 
``existing oil and gas lease'' means an oil and gas lease in effect on 
the date of the enactment of this Act.

SEC. 121. COASTAL IMPACT ASSISTANCE.

    Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1356a) is repealed.

SEC. 122. REPEAL OF THE GULF OF MEXICO ENERGY SECURITY ACT OF 2006.

    The Gulf of Mexico Energy Security Act of 2006 is repealed 
effective October 1, 2008.

                            Subtitle B--ANWR

SEC. 141. SHORT TITLE.

    This subtitle may be cited as the ``American Energy Independence 
and Price Reduction Act''.

SEC. 142. DEFINITIONS.

    In this subtitle:
            (1) Coastal plain.--The term ``Coastal Plain'' means that 
        area described in appendix I to part 37 of title 50, Code of 
        Federal Regulations.
            (2) Secretary.--The term ``Secretary'', except as otherwise 
        provided, means the Secretary of the Interior or the 
        Secretary's designee.

SEC. 143. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.

    (a) In General.--The Secretary shall take such actions as are 
necessary--
            (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; and
            (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.
    (b) Repeal.--
            (1) Repeal.--Section 1003 of the Alaska National Interest 
        Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
            (2) Conforming amendment.--The table of contents in section 
        1 of such Act is amended by striking the item relating to 
        section 1003.
    (c) Compliance With Requirements Under Certain Other Laws.--
            (1) Compatibility.--For purposes of the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
        seq.), the oil and gas leasing program and activities 
        authorized by this section in the Coastal Plain are deemed to 
        be compatible with the purposes for which the Arctic National 
        Wildlife Refuge was established, and no further findings or 
        decisions are required to implement this determination.
            (2) Adequacy of the department of the interior's 
        legislative environmental impact statement.--The ``Final 
        Legislative Environmental Impact Statement'' (April 1987) on 
        the Coastal Plain prepared pursuant to section 1002 of the 
        Alaska National Interest Lands Conservation Act of 1980 (16 
        U.S.C. 3142) and section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is 
        deemed to satisfy the requirements under the National 
        Environmental Policy Act of 1969 that apply with respect to 
        prelease activities, including actions authorized to be taken 
        by the Secretary to develop and promulgate the regulations for 
        the establishment of a leasing program authorized by this 
        subtitle before the conduct of the first lease sale.
            (3) Compliance with nepa for other actions.--Before 
        conducting the first lease sale under this subtitle, the 
        Secretary shall prepare an environmental impact statement under 
        the National Environmental Policy Act of 1969 with respect to 
        the actions authorized by this subtitle that are not referred 
        to in paragraph (2). Notwithstanding any other law, the 
        Secretary is not required to identify nonleasing alternative 
        courses of action or to analyze the environmental effects of 
        such courses of action. The Secretary shall only identify a 
        preferred action for such leasing and a single leasing 
        alternative, and analyze the environmental effects and 
        potential mitigation measures for those two alternatives. The 
        identification of the preferred action and related analysis for 
        the first lease sale under this subtitle shall be completed 
        within 18 months after the date of enactment of this Act. The 
        Secretary shall only consider public comments that specifically 
        address the Secretary's preferred action and that are filed 
        within 20 days after publication of an environmental analysis. 
        Notwithstanding any other law, compliance with this paragraph 
        is deemed to satisfy all requirements for the analysis and 
        consideration of the environmental effects of proposed leasing 
        under this subtitle.
    (d) Relationship to State and Local Authority.--Nothing in this 
subtitle shall be considered to expand or limit State and local 
regulatory authority.
    (e) Special Areas.--
            (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.
            (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.
            (3) Exclusion from leasing or surface occupancy.--The 
        Secretary may exclude any Special Area from leasing. If the 
        Secretary leases a Special Area, or any part thereof, for 
        purposes of oil and gas exploration, development, production, 
        and related activities, there shall be no surface occupancy of 
        the lands comprising the Special Area.
            (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.
    (f) Limitation on Closed Areas.--The Secretary's sole authority to 
close lands within the Coastal Plain to oil and gas leasing and to 
exploration, development, and production is that set forth in this 
subtitle.
    (g) Regulations.--
            (1) In general.--The Secretary shall prescribe such 
        regulations as may be necessary to carry out this subtitle, 
        including rules and regulations relating to protection of the 
        fish and wildlife, their habitat, subsistence resources, and 
        environment of the Coastal Plain, by no later than 15 months 
        after the date of enactment of this Act.
            (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.

SEC. 144. 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 (30 U.S.C. 181 et seq.).
    (b) Procedures.--The Secretary shall, by regulation, establish 
procedures for--
            (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;
            (2) the holding of lease sales after such nomination 
        process; and
            (3) public notice of and comment on designation of areas to 
        be included in, or excluded from, a lease sale.
    (c) Lease Sale Bids.--Bidding for leases under this subtitle shall 
be by sealed competitive cash bonus bids.
    (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.
    (e) Timing of Lease Sales.--The Secretary shall--
            (1) conduct the first lease sale under this subtitle within 
        22 months after the date of the enactment of this Act;
            (2) evaluate the bids in such sale and issue leases 
        resulting from such sale, within 90 days after the date of the 
        completion of such sale; and
            (3) conduct additional sales so long as sufficient interest 
        in development exists to warrant, in the Secretary's judgment, 
        the conduct of such sales.

SEC. 145. 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 144 any 
lands to be leased on the Coastal Plain upon payment by the lessee of 
such bonus as may be accepted by the Secretary.
    (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.

SEC. 146. LEASE TERMS AND CONDITIONS.

    (a) In General.--An oil or gas lease issued pursuant to this 
subtitle shall--
            (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;
            (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;
            (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;
            (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;
            (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;
            (6) contain terms and conditions relating to protection of 
        fish and wildlife, their habitat, subsistence resources, and 
        the environment as required pursuant to section 143(a)(2);
            (7) provide that the lessee, its agents, and its 
        contractors use best efforts to provide a fair share, as 
        determined by the level of obligation previously agreed to in 
        the 1974 agreement implementing section 29 of the Federal 
        Agreement and Grant of Right of Way for the Operation of the 
        Trans-Alaska Pipeline, of employment and contracting for Alaska 
        Natives and Alaska Native Corporations from throughout the 
        State;
            (8) prohibit the export of oil produced under the lease; 
        and
            (9) contain such other provisions as the Secretary 
        determines necessary to ensure compliance with the provisions 
        of this subtitle and the regulations issued under this 
        subtitle.
    (b) Project Labor Agreements.--The Secretary, as a term and 
condition of each lease under this subtitle and in recognizing the 
Government's proprietary interest in labor stability and in the ability 
of construction labor and management to meet the particular needs and 
conditions of projects to be developed under the leases issued pursuant 
to this subtitle and the special concerns of the parties to such 
leases, shall require that the lessee and its agents and contractors 
negotiate to obtain a project labor agreement for the employment of 
laborers and mechanics on production, maintenance, and construction 
under the lease.

SEC. 147. 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 143, administer the provisions of this subtitle 
through regulations, lease terms, conditions, restrictions, 
prohibitions, stipulations, and other provisions that--
            (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;
            (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; and
            (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.
    (b) Site-Specific Assessment and Mitigation.--The Secretary shall 
also require, with respect to any proposed drilling and related 
activities, that--
            (1) a site-specific analysis be made of the probable 
        effects, if any, that the drilling or related activities will 
        have on fish and wildlife, their habitat, subsistence 
        resources, and the environment;
            (2) a plan be implemented to avoid, minimize, and mitigate 
        (in that order and to the extent practicable) any significant 
        adverse effect identified under paragraph (1); and
            (3) the development of the plan shall occur after 
        consultation with the agency or agencies having jurisdiction 
        over matters mitigated by the plan.
    (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.
    (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:
            (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.
            (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.
            (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.
            (4) Design safety and construction standards for all 
        pipelines and any access and service roads, that--
                    (A) minimize, to the maximum extent possible, 
                adverse effects upon the passage of migratory species 
                such as caribou; and
                    (B) minimize adverse effects upon the flow of 
                surface water by requiring the use of culverts, 
                bridges, and other structural devices.
            (5) Prohibitions on general public access and use on all 
        pipeline access and service roads.
            (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.
            (7) Appropriate prohibitions or restrictions on access by 
        all modes of transportation.
            (8) Appropriate prohibitions or restrictions on sand and 
        gravel extraction.
            (9) Consolidation of facility siting.
            (10) Appropriate prohibitions or restrictions on use of 
        explosives.
            (11) Avoidance, to the extent practicable, of springs, 
        streams, and river system; 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.
            (12) Avoidance or minimization of air traffic-related 
        disturbance to fish and wildlife.
            (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.
            (14) Fuel storage and oil spill contingency planning.
            (15) Research, monitoring, and reporting requirements.
            (16) Field crew environmental briefings.
            (17) Avoidance of significant adverse effects upon 
        subsistence hunting, fishing, and trapping by subsistence 
        users.
            (18) Compliance with applicable air and water quality 
        standards.
            (19) Appropriate seasonal and safety zone designations 
        around well sites, within which subsistence hunting and 
        trapping shall be limited.
            (20) Reasonable stipulations for protection of cultural and 
        archeological resources.
            (21) All other protective environmental stipulations, 
        restrictions, terms, and conditions deemed necessary by the 
        Secretary.
    (e) Considerations.--In preparing and promulgating regulations, 
lease terms, conditions, restrictions, prohibitions, and stipulations 
under this section, the Secretary shall consider the following:
            (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.
            (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.
            (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.
    (f) Facility Consolidation Planning.--
            (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.
            (2) Objectives.--The plan shall have the following 
        objectives:
                    (A) Avoiding unnecessary duplication of facilities 
                and activities.
                    (B) Encouraging consolidation of common facilities 
                and activities.
                    (C) Locating or confining facilities and activities 
                to areas that will minimize impact on fish and 
                wildlife, their habitat, and the environment.
                    (D) Utilizing existing facilities wherever 
                practicable.
                    (E) Enhancing compatibility between wildlife values 
                and development activities.
    (g) Access to Public Lands.--The Secretary shall--
            (1) manage public lands in the Coastal Plain subject to 
        subsections (a) and (b) of section 811 of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 3121); and
            (2) ensure that local residents shall have reasonable 
        access to public lands in the Coastal Plain for traditional 
        uses.

SEC. 148. EXPEDITED JUDICIAL REVIEW.

    (a) Filing of Complaint.--
            (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--
                    (A) except as provided in subparagraph (B), within 
                the 90-day period beginning on the date of the action 
                being challenged; or
                    (B) in the case of a complaint based solely on 
                grounds arising after such period, within 90 days after 
                the complainant knew or reasonably should have known of 
                the grounds for the complaint.
            (2) Venue.--Any complaint seeking judicial review of any 
        provision of this subtitle or any action of the Secretary under 
        this subtitle may be filed only in the United States Court of 
        Appeals for the District of Columbia.
            (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.
    (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.

SEC. 149. 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--
            (1) 50 percent shall be paid to the State of Alaska; and
            (2) except as provided in section 152(d), 90 percent of the 
        balance shall be deposited into the American Renewable and 
        Alternative Energy Trust Fund established by section 331.
    (b) Payments to Alaska.--Payments to the State of Alaska under this 
section shall be made semiannually.

SEC. 150. 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--
            (1) except as provided in paragraph (2), under section 28 
        of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
        title XI of the Alaska National Interest Lands Conservation Act 
        (30 U.S.C. 3161 et seq.); and
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (30 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170 and 3171).
    (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.
    (c) Regulations.--The Secretary shall include in regulations under 
section 143(g) provisions granting rights-of-way and easements 
described in subsection (a) of this section.

SEC. 151. 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 (16 
U.S.C. 3192(h)(2)), shall convey--
            (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 (43 U.S.C. 1611 and 1613) in accordance 
        with the terms and conditions of the Agreement between the 
        Department of the Interior, the United States Fish and Wildlife 
        Service, the Bureau of Land Management, and the Kaktovik 
        Inupiat Corporation effective January 22, 1993; and
            (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.

SEC. 152. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.

    (a) Financial Assistance Authorized.--
            (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.
            (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.
    (b) Use of Assistance.--Financial assistance under this section may 
be used only for--
            (1) planning for mitigation of the potential effects of oil 
        and gas exploration and development on environmental, social, 
        cultural, recreational, and subsistence values;
            (2) implementing mitigation plans and maintaining 
        mitigation projects;
            (3) developing, carrying out, and maintaining projects and 
        programs that provide new or expanded public facilities and 
        services to address needs and problems associated with such 
        effects, including fire-fighting, police, water, waste 
        treatment, medivac, and medical services; and
            (4) establishment of a coordination office, by the North 
        Slope Borough, in the City of Kaktovik, which shall--
                    (A) coordinate with and advise developers on local 
                conditions, impact, and history of the areas utilized 
                for development; and
                    (B) provide to the Committee on 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.
    (c) Application.--
            (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.
            (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.
            (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.
    (d) Establishment of Fund.--
            (1) In general.--There is established in the Treasury the 
        Coastal Plain Local Government Impact Aid Assistance Fund.
            (2) Use.--Amounts in the fund may be used only for 
        providing financial assistance under this section.
            (3) Deposits.--Subject to paragraph (4), there shall be 
        deposited into the fund amounts received by the United States 
        as revenues derived from rents, bonuses, and royalties from 
        Federal leases and lease sales authorized under this subtitle.
            (4) Limitation on deposits.--The total amount in the fund 
        may not exceed $11,000,000.
            (5) Investment of balances.--The Secretary of the Treasury 
        shall invest amounts in the fund in interest bearing government 
        securities.
    (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.

                         Subtitle C--Oil Shale

SEC. 161. REPEAL.

    Section 433 of the Consolidated Appropriations Act, 2008 is 
repealed.

                 TITLE II--CONSERVATION AND EFFICIENCY

             Subtitle A--Tax Incentives for Fuel Efficiency

SEC. 201. CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 
              VEHICLES.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 30D. NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

    ``(a) Allowance of Credit.--There shall be allowed as a credit 
against the tax imposed by this chapter for the taxable year an amount 
equal to the sum of the credit amounts determined under subsection (b) 
with respect to each new qualified plug-in electric drive motor vehicle 
placed in service by the taxpayer during the taxable year.
    ``(b) Per Vehicle Dollar Limitation.--
            ``(1) In general.--The amount determined under this 
        subsection with respect to any new qualified plug-in electric 
        drive motor vehicle is the sum of the amounts determined under 
        paragraphs (2) and (3) with respect to such vehicle.
            ``(2) Base amount.--The amount determined under this 
        paragraph is $3,000.
            ``(3) Battery capacity.--In the case of a vehicle which 
        draws propulsion energy from a battery with not less than 5 
        kilowatt hours of capacity, the amount determined under this 
        paragraph is $200, plus $200 for each kilowatt hour of capacity 
        in excess of 5 kilowatt hours. The amount determined under this 
        paragraph shall not exceed $2,000.
    ``(c) Application With Other Credits.--
            ``(1) Business credit treated as part of general business 
        credit.--So much of the credit which would be allowed under 
        subsection (a) for any taxable year (determined without regard 
        to this subsection) that is attributable to property of a 
        character subject to an allowance for depreciation shall be 
        treated as a credit listed in section 38(b) for such taxable 
        year (and not allowed under subsection (a)).
            ``(2) Personal credit.--
                    ``(A) In general.--For purposes of this title, the 
                credit allowed under subsection (a) for any taxable 
                year (determined after application of paragraph (1)) 
                shall be treated as a credit allowable under subpart A 
                for such taxable year.
                    ``(B) Limitation based on amount of tax.--In the 
                case of a taxable year to which section 26(a)(2) does 
                not apply, the credit allowed under subsection (a) for 
                any taxable year (determined after application of 
                paragraph (1)) shall not exceed the excess of--
                            ``(i) the sum of the regular tax liability 
                        (as defined in section 26(b)) plus the tax 
                        imposed by section 55, over
                            ``(ii) the sum of the credits allowable 
                        under subpart A (other than this section and 
                        sections 23 and 25D) and section 27 for the 
                        taxable year.
    ``(d) New Qualified Plug-In Electric Drive Motor Vehicle.--For 
purposes of this section--
            ``(1) In general.--The term `new qualified plug-in electric 
        drive motor vehicle' means a motor vehicle (as defined in 
        section 30(c)(2))--
                    ``(A) the original use of which commences with the 
                taxpayer,
                    ``(B) which is acquired for use or lease by the 
                taxpayer and not for resale,
                    ``(C) which is made by a manufacturer,
                    ``(D) which has a gross vehicle weight rating of 
                less than 14,000 pounds,
                    ``(E) which has received a certificate of 
                conformity under the Clean Air Act and meets or exceeds 
                the Bin 5 Tier II emission standard established in 
                regulations prescribed by the Administrator of the 
                Environmental Protection Agency under section 202(i) of 
                the Clean Air Act for that make and model year vehicle, 
                and
                    ``(F) which is propelled to a significant extent by 
                an electric motor which draws electricity from a 
                battery which--
                            ``(i) has a capacity of not less than 4 
                        kilowatt hours, and
                            ``(ii) is capable of being recharged from 
                        an external source of electricity.
            ``(2) Exception.--The term `new qualified plug-in electric 
        drive motor vehicle' shall not include any vehicle which is not 
        a passenger automobile or light truck if such vehicle has a 
        gross vehicle weight rating of less than 8,500 pounds.
            ``(3) Other terms.--The terms `passenger automobile', 
        `light truck', and `manufacturer' have the meanings given such 
        terms in regulations prescribed by the Administrator of the 
        Environmental Protection Agency for purposes of the 
        administration of title II of the Clean Air Act (42 U.S.C. 7521 
        et seq.).
            ``(4) Battery capacity.--The term `capacity' means, with 
        respect to any battery, the quantity of electricity which the 
        battery is capable of storing, expressed in kilowatt hours, as 
        measured from a 100 percent state of charge to a 0 percent 
        state of charge.
    ``(e) Limitation on Number of New Qualified Plug-In Electric Drive 
Motor Vehicles Eligible for Credit.--
            ``(1) In general.--In the case of a new qualified plug-in 
        electric drive motor vehicle sold during the phaseout period, 
        only the applicable percentage of the credit otherwise 
        allowable under subsection (a) shall be allowed.
            ``(2) Phaseout period.--For purposes of this subsection, 
        the phaseout period is the period beginning with the second 
        calendar quarter following the calendar quarter which includes 
        the first date on which the number of new qualified plug-in 
        electric drive motor vehicles manufactured by the manufacturer 
        of the vehicle referred to in paragraph (1) sold for use in the 
        United States after the date of the enactment of this section, 
        is at least 60,000.
            ``(3) Applicable percentage.--For purposes of paragraph 
        (1), the applicable percentage is--
                    ``(A) 50 percent for the first 2 calendar quarters 
                of the phaseout period,
                    ``(B) 25 percent for the 3d and 4th calendar 
                quarters of the phaseout period, and
                    ``(C) 0 percent for each calendar quarter 
                thereafter.
            ``(4) Controlled groups.--Rules similar to the rules of 
        section 30B(f)(4) shall apply for purposes of this subsection.
    ``(f) Special Rules.--
            ``(1) Basis reduction.--The basis of any property for which 
        a credit is allowable under subsection (a) shall be reduced by 
        the amount of such credit (determined without regard to 
        subsection (c)).
            ``(2) Recapture.--The Secretary shall, by regulations, 
        provide for recapturing the benefit of any credit allowable 
        under subsection (a) with respect to any property which ceases 
        to be property eligible for such credit.
            ``(3) Property used outside united states, etc., not 
        qualified.--No credit shall be allowed under subsection (a) 
        with respect to any property referred to in section 50(b)(1) or 
        with respect to the portion of the cost of any property taken 
        into account under section 179.
            ``(4) Election not to take credit.--No credit shall be 
        allowed under subsection (a) for any vehicle if the taxpayer 
        elects to not have this section apply to such vehicle.
            ``(5) Property used by tax-exempt entity; interaction with 
        air quality and motor vehicle safety standards.--Rules similar 
        to the rules of paragraphs (6) and (10) of section 30B(h) shall 
        apply for purposes of this section.''.
    (b) Coordination With Alternative Motor Vehicle Credit.--Section 
30B(d)(3) of such Code is amended by adding at the end the following 
new subparagraph:
                    ``(D) Exclusion of plug-in vehicles.--Any vehicle 
                with respect to which a credit is allowable under 
                section 30D (determined without regard to subsection 
                (c) thereof) shall not be taken into account under this 
                section.''.
    (c) Credit Made Part of General Business Credit.--Section 38(b) of 
such Code is amended--
            (1) by striking ``and'' each place it appears at the end of 
        any paragraph,
            (2) by striking ``plus'' each place it appears at the end 
        of any paragraph,
            (3) by striking the period at the end of paragraph (31) and 
        inserting ``, plus'', and
            (4) by adding at the end the following new paragraph:
            ``(32) the portion of the new qualified plug-in electric 
        drive motor vehicle credit to which section 30D(c)(1) 
        applies.''.
    (d) Conforming Amendments.--
            (1)(A) Section 24(b)(3)(B) of such Code is amended by 
        striking ``and 25D'' and inserting ``25D, and 30D''.
            (B) Section 25(e)(1)(C)(ii) of such Code is amended by 
        inserting ``30D,'' after ``25D,''.
            (C) Section 25B(g)(2) of such Code is amended by striking 
        ``and 25D'' and inserting ``, 25D, and 30D''.
            (D) Section 26(a)(1) of such Code is amended by striking 
        ``and 25D'' and inserting ``25D, and 30D''.
            (E) Section 1400C(d)(2) of such Code is amended by striking 
        ``and 25D'' and inserting ``25D, and 30D''.
            (2) Section 1016(a) of such Code is amended by striking 
        ``and'' at the end of paragraph (35), by striking the period at 
        the end of paragraph (36) and inserting ``, and'', and by 
        adding at the end the following new paragraph:
            ``(37) to the extent provided in section 30D(f)(1).''.
            (3) Section 6501(m) of such Code is amended by inserting 
        ``30D(f)(4),'' after ``30C(e)(5),''.
            (4) The table of sections for subpart B of part IV of 
        subchapter A of chapter 1 of such Code is amended by adding at 
        the end the following new item:

``Sec. 30D. New qualified plug-in electric drive motor vehicles.''.
    (e) Treatment of Alternative Motor Vehicle Credit as a Personal 
Credit.--
            (1) In general.--Paragraph (2) of section 30B(g) of such 
        Code is amended to read as follows:
            ``(2) Personal credit.--The credit allowed under subsection 
        (a) for any taxable year (after application of paragraph (1)) 
        shall be treated as a credit allowable under subpart A for such 
        taxable year.''.
            (2) Conforming amendments.--
                    (A) Subparagraph (A) of section 30C(d)(2) of such 
                Code is amended by striking ``sections 27, 30, and 
                30B'' and inserting ``sections 27 and 30''.
                    (B) Paragraph (3) of section 55(c) of such Code is 
                amended by striking ``30B(g)(2),''.
    (f) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        taxable years beginning after December 31, 2008.
            (2) Treatment of alternative motor vehicle credit as 
        personal credit.--The amendments made by subsection (e) shall 
        apply to taxable years beginning after December 31, 2007.
    (g) Application of EGTRRA Sunset.--The amendment made by subsection 
(d)(1)(A) shall be subject to title IX of the Economic Growth and Tax 
Relief Reconciliation Act of 2001 in the same manner as the provision 
of such Act to which such amendment relates.

SEC. 202. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLES.

    Paragraph (4) of section 30B(j) of the Internal Revenue Code of 
1986 is amended by striking ``December 31, 2010'' and inserting 
``December 31, 2014''.

SEC. 203. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY 
              CREDIT.

    Paragraph (1) of section 30C(g) of the Internal Revenue Code of 
1986 is amended by striking ``hydrogen,'' inserting ``hydrogen or 
alternative fuels (as defined in section 30B(e)(4)(B)),''.

         Subtitle B--Tapping America's Ingenuity and Creativity

SEC. 211. DEFINITIONS.

    In this subtitle:
            (1) Administering entity.--The term ``administering 
        entity'' means the entity with which the Secretary enters into 
        an agreement under section 214(c).
            (2) Department.--The term ``Department'' means the 
        Department of Energy.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 212. STATEMENT OF POLICY.

    It is the policy of the United States to provide incentives to 
encourage the development and implementation of innovative energy 
technologies and new energy sources that will reduce our reliance on 
foreign energy.

SEC. 213. PRIZE AUTHORITY.

    (a) In General.--The Secretary shall carry out a program to 
competitively award cash prizes in conformity with this subtitle to 
advance the research, development, demonstration, and commercial 
application of innovative energy technologies and new energy sources.
    (b) Advertising and Solicitation of Competitors.--
            (1) Advertising.--The Secretary shall widely advertise 
        prize competitions to encourage broad participation in the 
        program carried out under subsection (a), including 
        individuals, universities, communities, and large and small 
        businesses.
            (2) Announcement through federal register notice.--The 
        Secretary shall announce each prize competition by publishing a 
        notice in the Federal Register. This notice shall include 
        essential elements of the competition such as the subject of 
        the competition, the duration of the competition, the 
        eligibility requirements for participation in the competition, 
        the process for participants to register for the competition, 
        the amount of the prize, and the criteria for awarding the 
        prize.
    (c) Administering the Competition.--The Secretary may enter into an 
agreement with a private, nonprofit entity to administer the prize 
competitions, subject to the provisions of this subtitle. The 
administering entity shall perform the following functions:
            (1) Advertise the competition and its results.
            (2) Raise funds from private entities and individuals to 
        pay for administrative costs and cash prizes.
            (3) Develop, in consultation with and subject to the final 
        approval of the Secretary, criteria to select winners based 
        upon the goal of safely and adequately storing nuclear used 
        fuel.
            (4) Determine, in consultation with and subject to the 
        final approval of the Secretary, the appropriate amount of the 
        awards.
            (5) Protect against the administering entity's unauthorized 
        use or disclosure of a registered participant's intellectual 
        property, trade secrets, and confidential business information. 
        Any information properly identified as trade secrets or 
        confidential business information that is submitted by a 
        participant as part of a competitive program under this 
        subtitle may be withheld from public disclosure.
            (6) Develop and promulgate sufficient rules to define the 
        parameters of designing and proposing innovative energy 
        technologies and new energy sources with input from industry, 
        citizens, and corporations familiar with such activities.
    (d) Funding Sources.--Prizes under this subtitle may consist of 
Federal appropriated funds, funds provided by the administering entity, 
or funds raised through grants or donations. The Secretary may accept 
funds from other Federal agencies for such cash prizes and, 
notwithstanding section 3302(b) of title 31, United States Code, may 
use such funds for the cash prize program. Other than publication of 
the names of prize sponsors, the Secretary may not give any special 
consideration to any private sector entity or individual in return for 
a donation to the Secretary or administering entity.
    (e) Announcement of Prizes.--The Secretary may not publish a notice 
required by subsection (b)(2) until all the funds needed to pay out the 
announced amount of the prize have been appropriated to the Department 
or the Department has received from the administering entity a written 
commitment to provide all necessary funds.

SEC. 214. ELIGIBILITY.

    To be eligible to win a prize under this subtitle, an individual or 
entity--
            (1) shall notify the administering entity of intent to 
        submit ideas and intent to collect the prize upon selection;
            (2) shall comply with all the requirements stated in the 
        Federal Register notice required under section 213(b)(2);
            (3) in the case of a private entity, shall be incorporated 
        in and maintain a primary place of business in the United 
        States, and in the case of an individual, whether participating 
        singly or in a group, shall be a citizen of the United States;
            (4) shall not be a Federal entity, a Federal employee 
        acting within the scope of his or her employment, or an 
        employee of a national laboratory acting within the scope of 
        employment;
            (5) shall not use Federal funding or other Federal 
        resources to compete for the prize; and
            (6) shall not be an entity acting on behalf of any foreign 
        government or agent.

SEC. 215. INTELLECTUAL PROPERTY.

    The Federal Government shall not, by virtue of offering or awarding 
a prize under this subtitle, be entitled to any intellectual property 
rights derived as a consequence of, or in direct relation to, the 
participation by a registered participant in a competition authorized 
by this subtitle. This section shall not be construed to prevent the 
Federal Government from negotiating a license for the use of 
intellectual property developed for a prize competition under this 
subtitle. The Federal Government may seek assurances that technologies 
for which prizes are awarded under this subtitle are offered for 
commercialization in the event an award recipient does not take, or is 
not expected to take within a reasonable time, effective steps to 
achieve practical application of the technology.

SEC. 216. WAIVER OF LIABILITY.

    The Secretary may require registered participants to waive claims 
against the Federal Government and the administering entity (except 
claims for willful misconduct) for any injury, death, damage, or loss 
of property, revenue, or profits arising from the registered 
participants' participation in a competition under this subtitle. The 
Secretary shall give notice of any waiver required under this section 
in the notice required by section 213(b)(2). The Secretary may not 
require a registered participant to waive claims against the 
administering entity arising out of the unauthorized use or disclosure 
by the administering entity of the registered participant's 
intellectual property, trade secrets, or confidential business 
information.

SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

    (a) Awards.--40 percent of amounts in the American Energy Trust 
Fund shall be available without further appropriation to carry out 
specified provisions of this section.
    (b) Treatment of Awards.--Amounts received pursuant to an award 
under this subtitle may not be taxed by any Federal, State, or local 
authority.
    (c) Administration.--In addition to the amounts authorized under 
subsection (a), there are authorized to be appropriated to the 
Secretary for each of fiscal years 2009 through 2020 $2,000,000 for the 
administrative costs of carrying out this subtitle.
    (d) Carryover of Funds.--Funds appropriated for prize awards under 
this subtitle shall remain available until expended and may be 
transferred, reprogrammed, or expended for other purposes only after 
the expiration of 11 fiscal years after the fiscal year for which the 
funds were originally appropriated. No provision in this subtitle 
permits obligation or payment of funds in violation of section 1341 of 
title 31, United States Code.

SEC. 218. NEXT GENERATION AUTOMOBILE PRIZE PROGRAM.

    The Secretary of Energy shall establish a program to award a prize 
in the amount of $500,000,000 to the first automobile manufacturer 
incorporated in the United States to manufacture and sell in the United 
States 50,000 midsized sedan automobiles which operate on gasoline and 
can travel 100 miles per gallon.

SEC. 219. ADVANCED BATTERY MANUFACTURING INCENTIVE PROGRAM.

    (a) Definitions.--In this section:
            (1) Advanced battery.--The term ``advanced battery'' means 
        an electrical storage device suitable for vehicle applications.
            (2) Engineering integration costs.--The term ``engineering 
        integration costs'' includes the cost of engineering tasks 
        relating to--
                    (A) incorporation of qualifying components into the 
                design of advanced batteries; and
                    (B) design of tooling and equipment and developing 
                manufacturing processes and material suppliers for 
                production facilities that produce qualifying 
                components or advanced batteries.
    (b) Advanced Battery Manufacturing Facility.--The Secretary shall 
provide facility funding awards under this section to advanced battery 
manufacturers to pay not more than 30 percent of the cost of 
reequipping, expanding, or establishing a manufacturing facility in the 
United States to produce advanced batteries.
    (c) Period of Availability.--An award under subsection (b) shall 
apply to--
            (1) facilities and equipment placed in service before 
        December 30, 2020; and
            (2) engineering integration costs incurred during the 
        period beginning on the date of enactment of this Act and 
        ending on December 30, 2020.
    (d) Direct Loan Program.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this subtitle, and subject to the availability of 
        appropriated funds, the Secretary shall carry out a program to 
        provide a total of not more than $100,000,000 in loans to 
        eligible individuals and entities (as determined by the 
        Secretary) for the costs of activities described in subsection 
        (b).
            (2) Selection of eligible projects.--The Secretary shall 
        select eligible projects to receive loans under this subsection 
        in cases in which, as determined by the Secretary, the award 
        recipient--
                    (A) is financially viable without the receipt of 
                additional Federal funding associated with the proposed 
                project;
                    (B) will provide sufficient information to the 
                Secretary for the Secretary to ensure that the 
                qualified investment is expended efficiently and 
                effectively; and
                    (C) has met such other criteria as may be 
                established and published by the Secretary.
            (3) Rates, terms, and repayment of loans.--A loan provided 
        under this subsection--
                    (A) shall have an interest rate that, as of the 
                date on which the loan is made, is equal to the cost of 
                funds to the Department of the Treasury for obligations 
                of comparable maturity;
                    (B) shall have a term equal to the lesser of--
                            (i) the projected life, in years, of the 
                        eligible project to be carried out using funds 
                        from the loan, as determined by the Secretary; 
                        and
                            (ii) 25 years;
                    (C) may be subject to a deferral in repayment for 
                not more than 5 years after the date on which the 
                eligible project carried out using funds from the loan 
                first begins operations, as determined by the 
                Secretary; and
                    (D) shall be made by the Federal Financing Bank.
    (e) Fees.--The cost of administering a loan made under this section 
shall not exceed $100,000.
    (f) Set Aside for Small Manufacturers.--
            (1) Definition of covered firm.--In this subsection, the 
        term ``covered firm'' means a firm that--
                    (A) employs fewer than 500 individuals; and
                    (B) manufactures automobiles or components of 
                automobiles.
            (2) Set aside.--Of the amount of funds used to provide 
        awards for each fiscal year under subsection (b), the Secretary 
        shall use not less than 10 percent to provide awards to covered 
        firms or consortia led by a covered firm.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated from the American Energy Trust Fund such sums as are 
necessary to carry out this section for each of fiscal years 2009 
through 2013.

              Subtitle C--Home and Business Tax Incentives

SEC. 221. EXTENSION OF CREDIT FOR ENERGY EFFICIENT APPLIANCES.

    (a) In General.--Subsection (b) of section 45M of the Internal 
Revenue Code of 1986 (relating to applicable amount) is amended by 
striking ``calendar year 2006 or 2007'' each place it appears in 
paragraphs (1)(A)(i), (1)(B)(i), (1)(C)(ii)(I), and (1)(C)(iii)(I), and 
inserting ``calendar year 2006, 2007, 2008, 2009, 2010, 2011, 2012, or 
2013''.
    (b) Restart of Credit Limitation.--Paragraph (1) of section 45M(e) 
of such Code (relating to aggregate credit amount allowed) is amended 
by inserting ``beginning after December 31, 2007'' after ``for all 
prior taxable years''.
    (c) Effective Date.--The amendments made by this section shall 
apply to appliances produced after December 31, 2007.

SEC. 222. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.

    (a) In General.--Section 25C(g) of the Internal Revenue Code of 
1986 (relating to termination) is amended by striking ``December 31, 
2007'' and inserting ``December 31, 2013''.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2007.

SEC. 223. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT 
              PROPERTY.

    Section 25D(g) of the Internal Revenue Code of 1986 (relating to 
termination) is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2013''.

SEC. 224. EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT.

    Subsection (g) of section 45L of the Internal Revenue Code of 1986 
(relating to termination) is amended by striking ``December 31, 2008'' 
and inserting ``December 31, 2013''.

SEC. 225. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

    Section 179D(h) of the Internal Revenue Code of 1986 (relating to 
termination) is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2013''.

SEC. 226. EXTENSION OF SPECIAL RULE TO IMPLEMENT FERC AND STATE 
              ELECTRIC RESTRUCTURING POLICY.

    (a) In General.--Paragraph (3) of section 451(i) of the Internal 
Revenue Code of 1986 is amended by striking ``January 1, 2008'' and 
inserting ``January 1, 2014''.
    (b) Extension of Period for Transfer of Operational Control 
Authorized by FERC.--Clause (ii) of section 451(i)(4)(B) of such Code 
is amended by striking ``December 31, 2007'' and inserting ``the date 
which is 4 years after the close of the taxable year in which the 
transaction occurs''.
    (c) Effective Dates.--
            (1) Extension.--The amendments made by subsection (a) shall 
        apply to transactions after December 31, 2007.
            (2) Transfers of operational control.--The amendment made 
        by subsection (b) shall take effect as if included in section 
        909 of the American Jobs Creation Act of 2004.

SEC. 227. HOME ENERGY AUDITS.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting after 
section 25D the following new section:

``SEC. 25E. HOME ENERGY AUDITS.

    ``(a) In General.--In the case of an individual, there shall be 
allowed as a credit against the tax imposed by this chapter for the 
taxable year an amount equal to 50 percent of the amount of qualified 
energy audit paid or incurred by the taxpayer during the taxable year.
    ``(b) Limitations.--
            ``(1) Dollar limitation.--The amount allowed as a credit 
        under subsection (a) with respect to a residence of the 
        taxpayer for a taxable year shall not exceed $400.
            ``(2) Limitation based on amount of tax.--In the case of 
        any taxable year to which section 26(a)(2) does not apply, the 
        credit allowed under subsection (a) shall not exceed the excess 
        of--
                    ``(A) the sum of the regular tax liability (as 
                defined in section 26(b)) plus the tax imposed by 
                section 55, over
                    ``(B) the sum of the credits allowable under this 
                subpart (other than this section) and section 27 for 
                the taxable year.
    ``(c) Qualified Energy Audit.--For purposes of this section, the 
term `qualified energy audit' means an energy audit of the principal 
residence of the taxpayer performed by a qualified energy auditor 
through a comprehensive site visit. Such audit may include a blower 
door test, an infra-red camera test, and a furnace combustion 
efficiency test. In addition, such audit shall include such substitute 
tests for the tests specified in the preceding sentence, and such 
additional tests, as the Secretary may by regulation require. A 
principal residence shall not be taken into consideration under this 
subparagraph unless such residence is located in the United States.
    ``(d) Principal Residence.--For purposes of this section, the term 
`principal residence' has the same meaning as when used in section 121.
    ``(e) Qualified Energy Auditor.--
            ``(1) In general.--The Secretary shall specify by 
        regulations the qualifications required to be a qualified 
        energy auditor for purposes of this section. Such regulations 
        shall include rules prohibiting conflicts-of-interest, 
        including the disallowance of commissions or other payments 
        based on goods or non-audit services purchased by the taxpayer 
        from the auditor.
            ``(2) Certification.--The Secretary shall prescribe the 
        procedures and methods for certifying that an auditor is a 
        qualified energy auditor. To the maximum extent practicable, 
        such procedures and methods shall provide for a variety of 
        sources to obtain certifications.''.
    (b) Conforming Amendments.--
            (1) Section 23(b)(4)(B) of the Internal Revenue Code of 
        1986 is amended by inserting ``and section 25E'' after ``this 
        section''.
            (2) Section 23(c)(1) of such Code is amended by inserting 
        ``, 25E,'' after ``25D''.
            (3) Section 24(b)(3)(B) of such Code is amended by striking 
        ``and 25B'' and inserting ``, 25B, and 25E''.
            (4) Clauses (i) and (ii) of section 25(e)(1)(C) of such 
        Code are each amended by inserting ``25E,'' after ``25D,''.
            (5) Section 25B(g)(2) of such Code is amended by striking 
        ``section 23'' and inserting ``sections 23 and 25E''.
            (6) Section 25D(c)(1) of such Code is amended by inserting 
        ``and section 25E'' after ``this section''.
            (7) Section 25D(c)(2) of such Code is amended by striking 
        ``and 25B'' and inserting ``25B, and 25E''.
            (8) The table of sections for subpart A of part IV of 
        subchapter A chapter 1 of such Code is amended by inserting 
        after the item relating to section 25D the following new item:

``Sec. 25E. Home energy audits.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to amounts paid or incurred in taxable years beginning 
        after the date of the enactment of this Act.
            (2) Application of egtrra sunset.--The amendments made by 
        paragraphs (1) and (3) of subsection (b) shall be subject to 
        title IX of the Economic Growth and Tax Relief Reconciliation 
        Act of 2001 in the same manner as the provisions of such Act to 
        which such amendments relate.

SEC. 228. ACCELERATED RECOVERY PERIOD FOR DEPRECIATION OF SMART METERS.

    (a) In General.--Section 168(e)(3)(B) of the Internal Revenue Code 
of 1986 is amended by striking ``and'' at the end of clause (v), by 
striking the period at the end of clause (vi) and inserting ``, and'', 
and by inserting after clause (vi) the following new clause:
                            ``(vii) any qualified smart electric 
                        meter.''.
    (b) Definition.--Section 168(i) of such Code is amended by 
inserting at the end the following new paragraph:
            ``(18) Qualified smart electric meters.--
                    ``(A) In general.--The term `qualified smart 
                electric meter' means any smart electric meter which is 
                placed in service by a taxpayer who is a supplier of 
                electric energy or a provider of electric energy 
                services.
                    ``(B) Smart electric meter.--For purposes of 
                subparagraph (A), the term `smart electric meter' means 
                any time-based meter and related communication 
                equipment which is capable of being used by the 
                taxpayer as part of a system that--
                            ``(i) measures and records electricity 
                        usage data on a time-differentiated basis in at 
                        least 24 separate time segments per day,
                            ``(ii) provides for the exchange of 
                        information between supplier or provider and 
                        the customer's electric meter in support of 
                        time-based rates or other forms of demand 
                        response,
                            ``(iii) provides data to such supplier or 
                        provider so that the supplier or provider can 
                        provide energy usage information to customers 
                        electronically, and
                            ``(iv) provides net metering.''.
    (c) Continued Application of 150 Percent Declining Balance 
Method.--Paragraph (2) of section 168(b) of such Code is amended by 
striking ``or'' at the end of subparagraph (B), by redesignating 
subparagraph (C) as subparagraph (D), and by inserting after 
subparagraph (B) the following new subparagraph:
                    ``(C) any property (other than property described 
                in paragraph (3)) which is a qualified smart electric 
                meter, or''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.

              Subtitle D--Refinery Permit Process Schedule

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``Refinery Permit Process 
Schedule Act''.

SEC. 232. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency;
            (2) the term ``applicant'' means a person who (with the 
        approval of the governor of the State, or in the case of Native 
        American tribes or tribal territories the designated leader of 
        the tribe or tribal community, where the proposed refinery 
        would be located) is seeking a Federal refinery authorization;
            (3) the term ``biomass'' has the meaning given that term in 
        section 932(a)(1) of the Energy Policy Act of 2005;
            (4) the term ``Federal refinery authorization''--
                    (A) means any authorization required under Federal 
                law, whether administered by a Federal or State 
                administrative agency or official, with respect to 
                siting, construction, expansion, or operation of a 
                refinery; and
                    (B) includes any permits, licenses, special use 
                authorizations, certifications, opinions, or other 
                approvals required under Federal law with respect to 
                siting, construction, expansion, or operation of a 
                refinery;
            (5) the term ``refinery'' means--
                    (A) a facility designed and operated to receive, 
                load, unload, store, transport, process, and refine 
                crude oil by any chemical or physical process, 
                including distillation, fluid catalytic cracking, 
                hydrocracking, coking, alkylation, etherification, 
                polymerization, catalytic reforming, isomerization, 
                hydrotreating, blending, and any combination thereof, 
                in order to produce gasoline or distillate;
                    (B) a facility designed and operated to receive, 
                load, unload, store, transport, process, and refine 
                coal by any chemical or physical process, including 
                liquefaction, in order to produce gasoline or diesel as 
                its primary output; or
                    (C) a facility designed and operated to receive, 
                load, unload, store, transport, process (including 
                biochemical, photochemical, and biotechnology 
                processes), and refine biomass in order to produce 
                biofuel; and
            (6) the term ``State'' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, and any other 
        territory or possession of the United States.

SEC. 233. STATE ASSISTANCE.

    (a) State Assistance.--At the request of a governor of a State, or 
in the case of Native American tribes or tribal territories the 
designated leader of the tribe or tribal community, the Administrator 
is authorized to provide financial assistance to that State or tribe or 
tribal community to facilitate the hiring of additional personnel to 
assist the State or tribe or tribal community with expertise in fields 
relevant to consideration of Federal refinery authorizations.
    (b) Other Assistance.--At the request of a governor of a State, or 
in the case of Native American tribes or tribal territories the 
designated leader of the tribe or tribal community, a Federal agency 
responsible for a Federal refinery authorization shall provide 
technical, legal, or other nonfinancial assistance to that State or 
tribe or tribal community to facilitate its consideration of Federal 
refinery authorizations.

SEC. 234. REFINERY PROCESS COORDINATION AND PROCEDURES.

    (a) Appointment of Federal Coordinator.--
            (1) In general.--The President shall appoint a Federal 
        coordinator to perform the responsibilities assigned to the 
        Federal coordinator under this subtitle.
            (2) Other agencies.--Each Federal and State agency or 
        official required to provide a Federal refinery authorization 
        shall cooperate with the Federal coordinator.
    (b) Federal Refinery Authorizations.--
            (1) Meeting participants.--Not later than 30 days after 
        receiving a notification from an applicant that the applicant 
        is seeking a Federal refinery authorization pursuant to Federal 
        law, the Federal coordinator appointed under subsection (a) 
        shall convene a meeting of representatives from all Federal and 
        State agencies responsible for a Federal refinery authorization 
        with respect to the refinery. The governor of a State shall 
        identify each agency of that State that is responsible for a 
        Federal refinery authorization with respect to that refinery.
            (2) Memorandum of agreement.--(A) Not later than 90 days 
        after receipt of a notification described in paragraph (1), the 
        Federal coordinator and the other participants at a meeting 
        convened under paragraph (1) shall establish a memorandum of 
        agreement setting forth the most expeditious coordinated 
        schedule possible for completion of all Federal refinery 
        authorizations with respect to the refinery, consistent with 
        the full substantive and procedural review required by Federal 
        law. If a Federal or State agency responsible for a Federal 
        refinery authorization with respect to the refinery is not 
        represented at such meeting, the Federal coordinator shall 
        ensure that the schedule accommodates those Federal refinery 
        authorizations, consistent with Federal law. In the event of 
        conflict among Federal refinery authorization scheduling 
        requirements, the requirements of the Environmental Protection 
        Agency shall be given priority.
            (B) Not later than 15 days after completing the memorandum 
        of agreement, the Federal coordinator shall publish the 
        memorandum of agreement in the Federal Register.
            (C) The Federal coordinator shall ensure that all parties 
        to the memorandum of agreement are working in good faith to 
        carry out the memorandum of agreement, and shall facilitate the 
        maintenance of the schedule established therein.
    (c) Consolidated Record.--The Federal coordinator shall, with the 
cooperation of Federal and State administrative agencies and officials, 
maintain a complete consolidated record of all decisions made or 
actions taken by the Federal coordinator or by a Federal administrative 
agency or officer (or State administrative agency or officer acting 
under delegated Federal authority) with respect to any Federal refinery 
authorization. Such record shall be the record for judicial review 
under subsection (d) of decisions made or actions taken by Federal and 
State administrative agencies and officials, except that, if the Court 
determines that the record does not contain sufficient information, the 
Court may remand the proceeding to the Federal coordinator for further 
development of the consolidated record.
    (d) Remedies.--
            (1) In general.--The United States District Court for the 
        district in which the proposed refinery is located shall have 
        exclusive jurisdiction over any civil action for the review of 
        the failure of an agency or official to act on a Federal 
        refinery authorization in accordance with the schedule 
        established pursuant to the memorandum of agreement.
            (2) Standing.--If an applicant or a party to a memorandum 
        of agreement alleges that a failure to act described in 
        paragraph (1) has occurred and that such failure to act would 
        jeopardize timely completion of the entire schedule as 
        established in the memorandum of agreement, such applicant or 
        other party may bring a cause of action under this subsection.
            (3) Court action.--If an action is brought under paragraph 
        (2), the Court shall review whether the parties to the 
        memorandum of agreement have been acting in good faith, whether 
        the applicant has been cooperating fully with the agencies that 
        are responsible for issuing a Federal refinery authorization, 
        and any other relevant materials in the consolidated record. 
        Taking into consideration those factors, if the Court finds 
        that a failure to act described in paragraph (1) has occurred, 
        and that such failure to act would jeopardize timely completion 
        of the entire schedule as established in the memorandum of 
        agreement, the Court shall establish a new schedule that is the 
        most expeditious coordinated schedule possible for completion 
        of proceedings, consistent with the full substantive and 
        procedural review required by Federal law. The court may issue 
        orders to enforce any schedule it establishes under this 
        paragraph.
            (4) Federal coordinator's action.--When any civil action is 
        brought under this subsection, the Federal coordinator shall 
        immediately file with the Court the consolidated record 
        compiled by the Federal coordinator pursuant to subsection (c).
            (5) Expedited review.--The Court shall set any civil action 
        brought under this subsection for expedited consideration.

SEC. 235. DESIGNATION OF CLOSED MILITARY BASES.

    (a) Designation Requirement.--Not later than 90 days after the date 
of enactment of this Act, the President shall designate no less than 3 
closed military installations, or portions thereof, as potentially 
suitable for the construction of a refinery. At least 1 such site shall 
be designated as potentially suitable for construction of a refinery to 
refine biomass in order to produce biofuel.
    (b) Redevelopment Authority.--The redevelopment authority for each 
installation designated under subsection (a), in preparing or revising 
the redevelopment plan for the installation, shall consider the 
feasibility and practicability of siting a refinery on the 
installation.
    (c) Management and Disposal of Real Property.--The Secretary of 
Defense, in managing and disposing of real property at an installation 
designated under subsection (a) pursuant to the base closure law 
applicable to the installation, shall give substantial deference to the 
recommendations of the redevelopment authority, as contained in the 
redevelopment plan for the installation, regarding the siting of a 
refinery on the installation. The management and disposal of real 
property at a closed military installation or portion thereof found to 
be suitable for the siting of a refinery under subsection (a) shall be 
carried out in the manner provided by the base closure law applicable 
to the installation.
    (d) Definitions.--For purposes of this section--
            (1) the term ``base closure law'' means the Defense Base 
        Closure and Realignment Act of 1990 (part A of title XXIX of 
        Public Law 101-510; 10 U.S.C. 2687 note) and title II of the 
        Defense Authorization Amendments and Base Closure and 
        Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); and
            (2) the term ``closed military installation'' means a 
        military installation closed or approved for closure pursuant 
        to a base closure law.

SEC. 236. SAVINGS CLAUSE.

    Nothing in this subtitle shall be construed to affect the 
application of any environmental or other law, or to prevent any party 
from bringing a cause of action under any environmental or other law, 
including citizen suits.

SEC. 237. REFINERY REVITALIZATION REPEAL.

    Subtitle H of title III of the Energy Policy Act of 2005 and the 
items relating thereto in the table of contents of such Act are 
repealed.

               TITLE III--NEW AND EXPANDING TECHNOLOGIES

                     Subtitle A--Alternative Fuels

SEC. 301. REPEAL.

    Section 526 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17142) is repealed.

SEC. 302. GOVERNMENT AUCTION OF LONG TERM PUT OPTION CONTRACTS ON COAL-
              TO-LIQUID FUEL PRODUCED BY QUALIFIED COAL-TO-LIQUID 
              FACILITIES.

    (a) In General.--The Secretary shall, from time to time, auction to 
the public coal-to-liquid fuel put option contracts having expiration 
dates of 5 years, 10 years, 15 years, or 20 years.
    (b) Consultation With Secretary of Energy.--The Secretary shall 
consult with the Secretary of Energy regarding--
            (1) the frequency of the auctions;
            (2) the strike prices specified in the contracts;
            (3) the number of contracts to be auctioned with a given 
        strike price and expiration date; and
            (4) the capacity of existing or planned facilities to 
        produce coal-to-liquid fuel.
    (c) Definitions.--In this section:
            (1) Coal-to-liquid fuel.--The term ``coal-to-liquid fuel'' 
        means any transportation-grade liquid fuel derived primarily 
        from coal (including peat) and produced at a qualified coal-to-
        liquid facility.
            (2) Coal-to-liquid put option contract.--The term ``coal-
        to-liquid put option contract'' means a contract, written by 
        the Secretary, which--
                    (A) gives the holder the right (but not the 
                obligation) to sell to the Government of the United 
                States a certain quantity of a specific type of coal-
                to-liquid fuel produced by a qualified coal-to-liquid 
                facility specified in the contract, at a strike price 
                specified in the contract, on or before an expiration 
                date specified in the contract; and
                    (B) is transferable by the holder to any other 
                entity.
            (3) 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 transportation grade liquid fuels from a 
        feedstock that is primarily domestic coal (including peat and 
        any property which allows for the capture, transportation, or 
        sequestration of by-products resulting from such process, 
        including carbon emissions).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
            (5) Strike price.--The term ``strike price'' means, with 
        respect to a put option contract, the price at which the holder 
        of the contract has the right to sell the fuel which is the 
        subject of the contract.
    (d) Regulations.--The Secretary shall prescribe such regulations as 
may be necessary to carry out this section.
    (e) Effective Date.--This section shall take effect 1 year after 
the date of the enactment of this Act.

SEC. 303. STANDBY LOANS FOR QUALIFYING COAL-TO-LIQUIDS PROJECTS.

    Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is 
amended by adding at the end the following new subsection:
    ``(k) Standby Loans for Qualifying CTL Projects.--
            ``(1) Definitions.--For purposes of this subsection:
                    ``(A) Cap price.--The term `cap price' means a 
                market price specified in the standby loan agreement 
                above which the project is required to make payments to 
                the United States.
                    ``(B) Full term.--The term `full term' means the 
                full term of a standby loan agreement, as specified in 
                the agreement, which shall not exceed the lesser of 30 
                years or 90 percent of the projected useful life of the 
                project (as determined by the Secretary).
                    ``(C) Market price.--The term `market price' means 
                the average quarterly price of a petroleum price index 
                specified in the standby loan agreement.
                    ``(D) Minimum price.--The term `minimum price' 
                means a market price specified in the standby loan 
                agreement below which the United States is obligated to 
                make disbursements to the project.
                    ``(E) Output.--The term `output' means some or all 
                of the liquid or gaseous transportation fuels produced 
                from the project, as specified in the loan agreement.
                    ``(F) Primary term.--The term `primary term' means 
                the initial term of a standby loan agreement, as 
                specified in the agreement, which shall not exceed the 
                lesser of 20 years or 75 percent of the projected 
                useful life of the project (as determined by the 
                Secretary).
                    ``(G) Qualifying ctl project.--The term `qualifying 
                CTL project' means--
                            ``(i) a commercial-scale project that 
                        converts coal to one or more liquid or gaseous 
                        transportation fuels; or
                            ``(ii) not more than one project at a 
                        facility that converts petroleum refinery waste 
                        products, including petroleum coke, into one or 
                        more liquids or gaseous transportation fuels,
                that demonstrates the capture, and sequestration or 
                disposal or use of, the carbon dioxide produced in the 
                conversion process, and that, on the basis of a carbon 
                dioxide sequestration plan prepared by the applicant, 
                is certified by the Administrator of the Environmental 
                Protection Agency, in consultation with the Secretary, 
                as producing fuel with life cycle carbon dioxide 
                emissions at or below the average life cycle carbon 
                dioxide emissions for the same type of fuel produced at 
                traditional petroleum based facilities with similar 
                annual capacities.
                    ``(H) Standby loan agreement.--The term `standby 
                loan agreement' means a loan agreement entered into 
                under paragraph (2).
            ``(2) Standby loans.--
                    ``(A) Loan authority.--The Secretary may enter into 
                standby loan agreements with not more than six 
                qualifying CTL projects, at least one of which shall be 
                a project jointly or in part owned by two or more small 
                coal producers. Such an agreement--
                            ``(i) shall provide that the Secretary will 
                        make a direct loan (within the meaning of 
                        section 502(1) of the Federal Credit Reform Act 
                        of 1990) to the qualifying CTL project; and
                            ``(ii) shall set a cap price and a minimum 
                        price for the primary term of the agreement.
                    ``(B) Loan disbursements.--Such a loan shall be 
                disbursed during the primary term of such agreement 
                whenever the market price falls below the minimum 
                price. The amount of such disbursements in any calendar 
                quarter shall be equal to the excess of the minimum 
                price over the market price, times the output of the 
                project (but not more than a total level of 
                disbursements specified in the agreement).
                    ``(C) Loan repayments.--The Secretary shall 
                establish terms and conditions, including interest 
                rates and amortization schedules, for the repayment of 
                such loan within the full term of the agreement, 
                subject to the following limitations:
                            ``(i) If in any calendar quarter during the 
                        primary term of the agreement the market price 
                        is less than the cap price, the project may 
                        elect to defer some or all of its repayment 
                        obligations due in that quarter. Any unpaid 
                        obligations will continue to accrue interest.
                            ``(ii) If in any calendar quarter during 
                        the primary term of the agreement the market 
                        price is greater than the cap price, the 
                        project shall meet its scheduled repayment 
                        obligation plus deferred repayment obligations, 
                        but shall not be required to pay in that 
                        quarter an amount that is more than the excess 
                        of the market price over the cap price, times 
                        the output of the project.
                            ``(iii) At the end of the primary term of 
                        the agreement, the cumulative amount of any 
                        deferred repayment obligations, together with 
                        accrued interest, shall be amortized (with 
                        interest) over the remainder of the full term 
                        of the agreement.
            ``(3) Profit-sharing.--The Secretary is authorized to enter 
        into a profit-sharing agreement with the project at the time 
        the standby loan agreement is executed. Under such an 
        agreement, if the market price exceeds the cap price in a 
        calendar quarter, a profit-sharing payment shall be made for 
        that quarter, in an amount equal to--
                    ``(A) the excess of the market price over the cap 
                price, times the output of the project; less
                    ``(B) any loan repayments made for the calendar 
                quarter.
            ``(4) Compliance with federal credit reform act.--
                    ``(A) Upfront payment of cost of loan.--No standby 
                loan agreement may be entered into under this 
                subsection unless the project makes a payment to the 
                United States that the Office of Management and Budget 
                determines is equal to the cost of such loan 
                (determined under 502(5)(B) of the Federal Credit 
                Reform Act of 1990). Such payment shall be made at the 
                time the standby loan agreement is executed.
                    ``(B) Minimization of risk to the government.--In 
                making the determination of the cost of the loan for 
                purposes of setting the payment for a standby loan 
                under subparagraph (A), the Secretary and the Office of 
                Management and Budget shall take into consideration the 
                extent to which the minimum price and the cap price 
                reflect historical patterns of volatility in actual oil 
                prices relative to projections of future oil prices, 
                based upon publicly available data from the Energy 
                Information Administration, and employing statistical 
                methods and analyses that are appropriate for the 
                analysis of volatility in energy prices.
                    ``(C) Treatment of payments.--The value to the 
                United States of a payment under subparagraph (A) and 
                any profit-sharing payments under paragraph (3) shall 
                be taken into account for purposes of section 
                502(5)(B)(iii) of the Federal Credit Reform Act of 1990 
                in determining the cost to the Federal Government of a 
                standby loan made under this subsection. If a standby 
                loan has no cost to the Federal Government, the 
                requirements of section 504(b) of such Act shall be 
                deemed to be satisfied.
            ``(5) Other provisions.--
                    ``(A) No double benefit.--A project receiving a 
                loan under this subsection may not, during the primary 
                term of the loan agreement, receive a Federal loan 
                guarantee under subsection (a) of this section, or 
                under other laws.
                    ``(B) Subrogation, etc.--Subsections (g)(2) 
                (relating to subrogation), (h) (relating to fees), and 
                (j) (relating to full faith and credit) shall apply to 
                standby loans under this subsection to the same extent 
                they apply to loan guarantees.''.

                       Subtitle B--Tax Provisions

SEC. 311. EXTENSION OF RENEWABLE ELECTRICITY, REFINED COAL, AND INDIAN 
              COAL PRODUCTION CREDIT.

    (a) Credit Made Permanent.--
            (1) In general.--Subsection (d) of section 45 of the 
        Internal Revenue Code of 1986 (relating to qualified 
        facilities) is amended--
                    (A) by striking ``and before January 1, 2009'' each 
                place it occurs,
                    (B) by striking ``, and before January 1, 2009'' in 
                paragraphs (1) and (2)(A)(i), and
                    (C) by striking ``before January 1, 2009'' in 
                paragraph (10).
            (2) Open-loop biomass facilities.--Subparagraph (A) of 
        section 45(d)(3) of such Code is amended to read as follows:
                    ``(A) In general.--In the case of a facility using 
                open-loop biomass to produce electricity, the term 
                `qualified facility' means any facility owned by the 
                taxpayer which is originally placed in service after 
                October 22, 2004.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to electricity produced and sold after December 31, 
        2008, in taxable years ending after such date.
    (b) Sales of Net Electricity to Regulated Public Utilities Treated 
as Sales to Unrelated Persons.--Paragraph (4) of section 45(e) of such 
Code is amended by adding at the end the following new sentence: ``The 
net amount of electricity sold by any taxpayer to a regulated public 
utility (as defined in section 7701(a)(33)) shall be treated as sold to 
an unrelated person.''.
    (c) Allowance Against Alternative Minimum Tax.--
            (1) In general.--Clause (ii) of section 38(c)(4)(B) of such 
        Code (relating to specified credits) is amended by striking 
        ``produced--'' and all that follows and inserting ``produced at 
        a facility which is originally placed in service after the date 
        of the enactment of this paragraph.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to taxable years beginning after the date of the 
        enactment of this Act.

SEC. 312. EXTENSION OF ENERGY CREDIT.

    (a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) 
of section 48(a) of the Internal Revenue Code of 1986 (relating to 
energy credit) are each amended by striking ``but only with respect to 
periods ending before January 1, 2009''.
    (b) Fuel Cell Property.--Section 48(c)(1) of such Code (relating to 
qualified fuel cell property) is amended by striking subparagraph (E).
    (c) Microturbine Property.--Subparagraph (E) of section 48(c)(2) of 
the Internal Revenue Code of 1986 (relating to qualified microturbine 
property) is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2013''.
    (d) Allowance Against Alternative Minimum Tax.--
            (1) In general.--Subparagraph (B) of section 38(c)(4) of 
        such Code (relating to specified credits) is amended by 
        striking ``and'' at the end of clause (iii), by redesignating 
        clause (iv) as clause (v), and by inserting after clause (iii) 
        the following new clause:
                            ``(iv) the credit determined under section 
                        48, and''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to taxable years beginning after the date of the 
        enactment of this Act.

SEC. 313. EXTENSION AND MODIFICATION OF CREDIT FOR CLEAN RENEWABLE 
              ENERGY BONDS.

    (a) Extension.--Section 54(m) of the Internal Revenue Code of 1986 
(relating to termination) is amended by striking ``December 31, 2008'' 
and inserting ``December 31, 2013''.
    (b) Increase in National Limitation.--Section 54(f) of such Code 
(relating to limitation on amount of bonds designated) is amended--
            (1) by striking ``$1,200,000,000'' in paragraph (1) and 
        inserting ``$1,600,000,000'', and
            (2) by striking ``$750,000,000'' in paragraph (2) and 
        inserting ``$1,000,000,000''.
    (c) Modification of Ratable Principal Amortization Requirement.--
            (1) In general.--Paragraph (5) of section 54(l) of such 
        Code is amended to read as follows:
            ``(5) Ratable principal amortization required.--A bond 
        shall not be treated as a clean renewable energy bond unless it 
        is part of an issue which provides for an equal amount of 
        principal to be paid by the qualified issuer during each 12-
        month period that the issue is outstanding (other than the 
        first 12-month period).''.
            (2) Technical amendment.--The third sentence of section 
        54(e)(2) of such Code is amended by striking ``subsection 
        (l)(6)'' and inserting ``subsection (l)(5)''.
    (d) Effective Date.--The amendments made by this section shall 
apply to bonds issued after the date of the enactment of this Act.

SEC. 314. EXTENSION OF CREDITS FOR BIODIESEL AND RENEWABLE DIESEL.

    (a) In General.--Sections 40A(g), 6426(c)(6), and 6427(e)(5)(B) of 
the Internal Revenue Code of 1986 are each amended by striking 
``December 31, 2008'' and inserting ``December 31, 2013''.
    (b) Effective Date.--The amendments made by this section shall 
apply to fuel produced, and sold or used, after December 31, 2008.

                          Subtitle C--Nuclear

SEC. 321. USE OF FUNDS FOR RECYCLING.

    Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222) is amended--
            (1) in subsection (d), by striking ``The Secretary may'' 
        and inserting ``Except as provided in subsection (f), the 
        Secretary may''; and
            (2) by adding at the end the following new subsection:
    ``(f) Recycling.--
            ``(1) In general.--Amounts in the Waste Fund may be used by 
        the Secretary of Energy to make grants to or enter into long-
        term contracts with private sector entities for the recycling 
        of spent nuclear fuel.
            ``(2) Competitive selection.--Grants and contracts 
        authorized under paragraph (1) shall be awarded on the basis of 
        a competitive bidding process that--
                    ``(A) maximizes the competitive efficiency of the 
                projects funded;
                    ``(B) best serves the goal of reducing the amount 
                of waste requiring disposal under this Act; and
                    ``(C) ensures adequate protection against the 
                proliferation of nuclear materials that could be used 
                in the manufacture of nuclear weapons.''.

SEC. 322. RULEMAKING FOR LICENSING OF SPENT NUCLEAR FUEL RECYCLING 
              FACILITIES.

    (a) Requirement.--The Nuclear Regulatory Commission shall, as 
expeditiously as possible, but in no event later than 2 years after the 
date of enactment of this Act, 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.
    (b) Funding.--Amounts in the Nuclear Waste Fund established under 
section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) 
shall be made available to the Nuclear Regulatory Commission to cover 
the costs of carrying out subsection (a) of this section.

SEC. 323. NUCLEAR WASTE FUND BUDGET STATUS.

    Section 302(e) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(e)) is amended by adding at the end the following new paragraph:
            ``(7) The receipts and disbursements of the Waste Fund 
        shall not be counted as new budget authority, outlays, 
        receipts, or deficits or surplus for purposes of--
                    ``(A) the budget of the United States Government as 
                submitted by the President;
                    ``(B) the congressional budget; or
                    ``(C) the Balanced Budget and Emergency Deficit 
                Control Act of 1985.''.

SEC. 324. WASTE CONFIDENCE.

    The Nuclear Regulatory Commission may not deny an application for a 
license, permit, or other authorization under the Atomic Energy Act of 
1954 on the grounds that sufficient capacity does not exist, or will 
not become available on a timely basis, for disposal of spent nuclear 
fuel or high-level radioactive waste from the facility for which the 
license, permit, or other authorization is sought.

SEC. 325. ASME NUCLEAR CERTIFICATION CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
(relating to business related credits) is amended by adding at the end 
the following new section:

``SEC. 45O. ASME NUCLEAR CERTIFICATION CREDIT.

    ``(a) In General.--For purposes of section 38, the ASME Nuclear 
Certification credit determined under this section for any taxable year 
is an amount equal to 15 percent of the qualified nuclear expenditures 
paid or incurred by the taxpayer.
    ``(b) Qualified Nuclear Expenditures.--For purposes of this 
section, the term `qualified nuclear expenditures' means any 
expenditure related to--
            ``(1) obtaining a certification under the American Society 
        of Mechanical Engineers Nuclear Component Certification 
        program, or
            ``(2) increasing the taxpayer's capacity to construct, 
        fabricate, assemble, or install components--
                    ``(A) for any facility which uses nuclear energy to 
                produce electricity, and
                    ``(B) with respect to the construction, 
                fabrication, assembly, or installation of which the 
                taxpayer is certified under such program.
    ``(c) Timing of Credit.--The credit allowed under subsection (a) 
for any expenditures shall be allowed--
            ``(1) in the case of a qualified nuclear expenditure 
        described in subsection (b)(1), for the taxable year of such 
        certification, and
            ``(2) in the case of any other qualified nuclear 
        expenditure, for the taxable year in which such expenditure is 
        paid or incurred.
    ``(d) Special Rules.--
            ``(1) Basis adjustment.--For purposes of this subtitle, if 
        a credit is allowed under this section for an expenditure, the 
        increase in basis which would result (but for this subsection) 
        for such expenditure shall be reduced by the amount of the 
        credit allowed under this section.
            ``(2) Denial of double benefit.--No deduction shall be 
        allowed under this chapter for any amount taken into account in 
        determining the credit under this section.
    ``(e) Termination.--This section shall not apply to any 
expenditures paid or incurred in taxable years beginning after December 
31, 2019.''.
    (b) Conforming Amendments.--(1) Subsection (b) of section 38 is 
amended by striking ``plus'' at the end of paragraph (30), by striking 
the period at the end of paragraph (31) and inserting ``, plus'', and 
by adding at the end the following new paragraph:
            ``(32) the ASME Nuclear Certification credit determined 
        under section 45O(a).''.
    (2) Subsection (a) of section 1016 (relating to adjustments to 
basis) is amended by striking ``and'' at the end of paragraph (36), by 
striking the period at the end of paragraph (37) and inserting ``, 
and'', and by adding at the end the following new paragraph:
            ``(38) to the extent provided in section 45O(e)(1).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to expenditures paid or incurred in taxable years beginning after 
December 31, 2007.

    Subtitle D--American Renewable and Alternative Energy Trust Fund

SEC. 331. AMERICAN RENEWABLE AND ALTERNATIVE 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 Renewable and Alternative Energy Trust Fund'', consisting of 
such amounts as may be transferred to the American Renewable and 
Alternative Energy Trust Fund as provided in section 149 and the 
amendments made by section 110 of this Act.
    (b) Expenditures From American Renewable and Alternative Energy 
Trust Fund.--
            (1) In general.--Amounts in the American Renewable and 
        Alternative Energy Trust Fund shall be available without 
        further appropriation to carry out specified provisions of the 
        Energy Policy Act of 2005 (Public Law 109-58; in this section 
        referred to as ``EPAct2005'') and the Energy Independence and 
        Security Act of 2007 (Public Law 110-140; in this section 
        referred to as ``EISAct2007''), as follows:
                    (A) Grants to improve the commercial value of 
                forest biomass for electric energy, useful heat, 
                transportation fuels, and other commercial purposes, 
                section 210 of EPAct2005, 3 percent
                    (B) Hydroelectric production incentives, section 
                242 of EPAct2005, 2 percent.
                    (C) Oil shale, tar sands, and other strategic 
                unconventional fuels, section 369 of EPAct2005, 3 
                percent.
                    (D) Clean Coal Power Initiative, section 401 of 
                EPAct2005, 7 percent.
                    (E) Solar and wind technologies, section 812 of 
                EPAct2005, 7 percent.
                    (F) Renewable Energy, section 931of EPAct2005, 20 
                percent.
                    (G) Production incentives for cellulosic biofuels, 
                section 942 of EPAct2005, 2.5 percent.
                    (H) Coal and related technologies program, section 
                962 of EPAct2005, 4 percent.
                    (I) Methane hydrate research, section 968 of 
                EPAct2005, 2.5 percent.
                    (J) Incentives for Innovative Technologies, section 
                1704 of EPAct2005, 7 percent.
                    (K) Grants for production of advanced biofuels, 
                section 207 of EISAct2007, 16 percent.
                    (L) Photovoltaic demonstration program, section 607 
                EISAct2007, 2.5 percent.
                    (M) Geothermal Energy, title VI, subtitle B of 
                EISAct2007, 4 percent.
                    (N) Marine and Hydrokinetic Renewable Energy 
                Technologies, title VI, subtitle C of EISAct2007, 2.5 
                percent.
                    (O) Energy storage competitiveness, section 641 of 
                EISAct2007, 10 percent.
                    (P) Smart grid technology research, development, 
                and demonstration, section 1304 of EISAct2007, 7 
                percent.
            (2) Apportionment of excess amount.--Notwithstanding 
        paragraph (1), any amounts allocated under paragraph (1) that 
        are in excess of the amounts authorized in the applicable cited 
        section or subtitle of EPAct2005 and EISAct2007 shall be 
        reallocated to the remaining sections and subtitles cited in 
        paragraph (1), up to the amounts otherwise authorized by law to 
        carry out such sections and subtitles, in proportion to the 
        amounts authorized by law to be appropriated for such other 
        sections and subtitles.
                                 <all>