[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5899 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5899

To expand domestic fossil fuel production, develop more nuclear power, 
                   and expand renewable electricity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2010

Mr. Nunes (for himself, Mr. Ryan of Wisconsin, Mr. Shimkus, Mr. Bishop 
  of Utah, and Mr. Simpson) introduced the following bill; which was 
referred to the Committee on Natural Resources, and in addition to the 
   Committees on Energy and Commerce, Ways and Means, Oversight and 
       Government Reform, Armed Services, and Transportation and 
   Infrastructure, 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 expand domestic fossil fuel production, develop more nuclear power, 
                   and expand renewable electricity.

    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 ``A Roadmap for 
America's Energy Future''.
    (b) Table of Contents.--

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

Sec. 100. Findings.
                            Subtitle A--OCS

Sec. 101. Leasing program considered approved.
Sec. 102. Outer Continental Shelf Lease sales.
Sec. 103. Definitions under the Outer Continental Shelf Lands Act.
Sec. 104. Determination of Adjacent Zones and OCS Planning Areas.
Sec. 105. Outer Continental Shelf leasing program.
Sec. 106. Coordination with Adjacent States.
Sec. 107. Environmental studies.
Sec. 108. Outer Continental Shelf incompatible use.
Sec. 109. Repurchase of certain leases.
Sec. 110. Offsite environmental mitigation.
                            Subtitle B--ANWR

Sec. 121. Definitions.
Sec. 122. Leasing program for lands within the Coastal Plain.
Sec. 123. Lease sales.
Sec. 124. Grant of leases by the Secretary.
Sec. 125. Lease terms and conditions.
Sec. 126. Coastal Plain environmental protection.
Sec. 127. Expedited judicial review.
Sec. 128. Federal and State distribution of revenues.
Sec. 129. Rights-of-way across the Coastal Plain.
Sec. 130. Conveyance.
Sec. 131. Local government impact aid and community service assistance.
                         Subtitle C--Oil Shale

Sec. 141. Oil shale.
                       Subtitle D--Coal to Liquid

Sec. 151. Development and operation of facilities.
Sec. 152. Definitions relating to coal-to-liquid fuel and facilities.
Sec. 153. Repeal.
               TITLE II--AMERICAN-MADE ENERGY TRUST FUND

Sec. 201. Establishment of American-Made Energy Trust Fund.
                           TITLE III--NUCLEAR

Sec. 301. Findings.
Sec. 302. 200 operating permits by 2040.
Sec. 303. Recycle and safely store spent nuclear fuel.
Sec. 304. Confidence in availability of waste disposal.
 TITLE IV--REVERSE AUCTION MECHANISMS FOR RENEWABLE ENERGY GENERATION 
                   AND FOR RENEWABLE FUEL PRODUCTION

Sec. 401. Reverse auction mechanism for renewable energy generation.
   TITLE V--NATIONAL COMMISSION ON OUTER CONTINENTAL SHELF OIL SPILL 
                               PREVENTION

Sec. 501. National Commission on Outer Continental Shelf Oil Spill 
                            Prevention.

                        TITLE I--AMERICAN ENERGY

SEC. 100. FINDINGS.

    The Congress finds the following:
            (1) The United States contains abundant oil and gas 
        resources located within its lands.
            (2) Development of domestic oil and gas resources can be 
        accomplished in a safe and environmentally responsible manner.
            (3) Increased development of domestic oil and gas resources 
        could significantly boost economic growth, provide permanent 
        well-paying jobs, and serve as a significant revenue source to 
        the Federal government.
            (4) The United States Geological Survey estimates that the 
        Arctic National Wildlife Refuge contains a mean expected value 
        of 10.4 billion barrels of technically recoverable oil.
            (5) The Minerals Management Service has estimated there are 
        85 billion undiscovered, technically recoverable barrels of oil 
        and 420 trillion cubic feet of natural gas in the outer 
        Continental Shelf of the United States.
            (6) The Minerals Management Service has estimated that less 
        than 0.001 percent of oil produced on the Outer Continental 
        Shelf of the United States since 1980 has been spilled.
            (7) The National Academy of Sciences has estimated that 
        less than 1 percent of petroleum in American waters is from 
        drilling and extraction, and that 63 percent is from natural 
        seepage.

                            Subtitle A--OCS

SEC. 101. LEASING PROGRAM CONSIDERED APPROVED.

    (a) In General.--The Draft Proposed Outer Continental Shelf Oil and 
Gas Leasing Program 2010-2015 released by the Secretary of the Interior 
(referred to in this section as the ``Secretary'') under section 18 of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is considered to 
have been approved by the Secretary as a final oil and gas leasing 
program under that section, and is considered to be in full compliance 
with and in accordance with all requirements of the Outer Continental 
Shelf Lands Act, National Environmental Policy Act of 1969, Endangered 
Species Act of 1973, Clean Air Act, Marine Mammal Protection Act of 
1972, the Oil Pollution Control Act of 1990, and all other applicable 
laws.
    (b) Final Environmental Impact Statement.--The Secretary is 
considered to have issued a legally sufficient final environmental 
impact statement for the program described in subsection (a) in 
accordance with all requirements under section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), and 
all other applicable laws.

SEC. 102. OUTER CONTINENTAL SHELF LEASE SALES.

    (a) In General.--Except as provided in (b), not later than 30 days 
after the date of enactment of this Act and every 270 days thereafter, 
the Secretary of the Interior (referred to in this section as the 
``Secretary'') shall conduct a lease sale in each outer Continental 
Shelf planning region for which the Secretary determines that there is 
a commercial interest in purchasing Federal oil and gas leases for 
production on the outer Continental Shelf.
    (b) Subsequent Determinations and Sales.--If the Secretary 
determines that there is not a commercial interest in purchasing 
Federal oil and gas leases for production on the outer Continental 
Shelf in a planning area under this subsection, not later than 2 years 
after the date of enactment of the determination and every 2 years 
thereafter, the Secretary shall--
            (1) solicit if there is commercial interest in purchasing 
        Federal oil and gas leases for production on the outer 
        Continental Shelf in the planning area; and
            (2) if the Secretary determines that there is a commercial 
        interest described in paragraph (1), conduct a lease sale in 
        the planning area.

SEC. 103. 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 to 
which such program, plan, lease sale, or leased tract appertains or on 
which such activity is, or is proposed to be, conducted. For purposes 
of this paragraph, the term `State' includes the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana Islands, the Virgin 
Islands, American Samoa, Guam, and the other Territories of the United 
States.
    ``(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)).''; 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. 104. DETERMINATION OF ADJACENT ZONES AND OCS 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. 105. 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 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 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. 106. 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 
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. 107. 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. 108. OUTER CONTINENTAL SHELF INCOMPATIBLE USE.

    (a) In General.--No Federal agency may permit construction or 
operation (or both) of any facility, or designate or maintain a 
restricted transportation corridor or operating area on the Federal 
outer Continental Shelf or in State waters, that will be incompatible 
with, as determined by the Secretary of the Interior, oil and gas 
leasing and substantially full exploration and production of tracts 
that are geologically prospective for oil or natural gas (or both).
    (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 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. 109. REPURCHASE OF CERTAIN LEASES.

    (a) Authority To Repurchase and Cancel Certain Leases.--The 
Secretary of the Interior may repurchase and cancel any Federal oil and 
gas, geothermal, coal, oil shale, tar sands, or other mineral lease, 
whether onshore or offshore, but not including any outer Continental 
Shelf oil and gas leases that were subject to litigation in the Court 
of Federal Claims on January 1, 2006, if the Secretary finds that such 
lease qualifies for repurchase and cancellation under the regulations 
authorized by this section.
    (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.
    (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. 110. 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 of 1970 (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.

                            Subtitle B--ANWR

SEC. 121. 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. 122. 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. 123. LEASE SALES.

    (a) In General.--Lands may be leased pursuant to this subtitle to 
any person qualified to obtain a lease for deposits of oil and gas 
under the Mineral Leasing Act (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. 124. GRANT OF LEASES BY THE SECRETARY.

    (a) In General.--The Secretary may grant to the highest responsible 
qualified bidder in a lease sale conducted pursuant to section 123 any 
lands to be leased on the Coastal Plain upon payment by the lessee of 
such bonus as may be accepted by the Secretary.
    (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. 125. 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 122(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. 126. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

    (a) No Significant Adverse Effect Standard To Govern Authorized 
Coastal Plain Activities.--The Secretary shall, consistent with the 
requirements of section 122, administer the provisions of this subtitle 
through regulations, lease terms, conditions, restrictions, 
prohibitions, stipulations, and other provisions that--
            (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. 127. 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 60-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 60 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 District 
        Court 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. 128. FEDERAL AND STATE DISTRIBUTION OF REVENUES.

    (a) In General.--Notwithstanding any other provision of law, of the 
amount of adjusted bonus, rental, and royalty revenues from Federal oil 
and gas leasing and operations authorized under this subtitle--
            (1) 50 percent shall be paid to the State of Alaska; and
            (2) except as provided in section 131(d), the balance shall 
        be transferred to the American-Made Energy Trust Fund 
        (established by section 9511 of the Internal Revenue Code of 
        1986).
    (b) Payments to Alaska.--Payments to the State of Alaska under this 
section shall be made semiannually.

SEC. 129. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

    (a) In General.--The Secretary shall issue rights-of-way and 
easements across the Coastal Plain for the transportation of oil and 
gas--
            (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 122(g) provisions granting rights-of-way and easements 
described in subsection (a) of this section.

SEC. 130. CONVEYANCE.

    In order to maximize Federal revenues by removing clouds on title 
to lands and clarifying land ownership patterns within the Coastal 
Plain, the Secretary, notwithstanding the provisions of section 
1302(h)(2) of the Alaska National Interest Lands Conservation Act (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. 131. 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 Natural Resources 
                of the House of Representatives and the Committee on 
                Energy and Natural Resources of the Senate an annual 
                report on the status of coordination between developers 
                and the communities affected by development.
    (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. 141. OIL SHALE.

    (a) Findings.--The Congress finds the following:
            (1) The Office of Naval Petroleum and Oil Shale Reserves at 
        the Department of Energy has estimated that oil shale resources 
        located on Federal lands hold 2 trillion undiscovered 
        technically recoverable barrels of oil.
            (2) Oil shale is a strategically important domestic 
        resource that should be developed to reduce the growing 
        dependence of the United States on politically and economically 
        unstable sources of foreign oil imports.
            (3) The development of oil shale for research and 
        commercial development should be conducted in an 
        environmentally sound manner, using practices that minimize 
        impacts.
            (4) Development of such strategic unconventional fuel 
        should occur, with an emphasis on sustainability, to benefit 
        the United States while taking into account affected States and 
        communities.
            (5) Oil shale is one of the best resources available for 
        advancing American technology and creating American jobs.
            (6) Oil shale will be a critically important component of 
        the Nation's transportation fuel sector in particular, by 
        providing a secure domestic source of aviation fuel for both 
        commercial and military uses.
    (b) Additional Research and Development Lease Sales.--The Secretary 
of the Interior shall hold a lease sale within 180 days after the date 
of enactment of this Act offering an additional 10 parcels for lease 
for research, development, and demonstration of oil shale resources, 
under the terms offered in the solicitation of bids for such leases 
published on January 15, 2009 (74 Fed. Reg. 10).
    (c) Application of Regulations.--The oil shale management final 
rules published by the Department of the Interior on November 18, 2008 
(73 Fed. Reg. 223), shall apply to all commercial leasing for the 
management of federally owned oil shale, and any associated minerals, 
located on Federal lands.
    (d) Reduced Payments To Ensure Production.--The Secretary of the 
Interior may temporarily reduce royalties, fees, rentals, bonus, or 
other payments for leases of Federal lands for the development and 
production of oil shale resources as necessary to incentivize and 
encourage development of such resources, if the Secretary determines 
that the royalties, fees, rentals, bonus bids, and other payments 
otherwise authorized by law are hindering production of such resources.

                       Subtitle D--Coal to Liquid

SEC. 151. DEVELOPMENT AND OPERATION OF FACILITIES.

    (a) Authority.--The Secretary of Defense shall develop, construct, 
and operate a qualified coal-to-liquids facility, subject to the 
availability of appropriations provided in advance specifically for 
that purpose.
    (b) Considerations.--In carrying out subsection (a), the Secretary 
shall consider land availability, testing opportunities, and proximity 
to raw materials.

SEC. 152. DEFINITIONS RELATING TO COAL-TO-LIQUID FUEL AND FACILITIES.

    For purposes of this title (except as otherwise provided)--
            (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) 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).

SEC. 153. REPEAL.

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

               TITLE II--AMERICAN-MADE ENERGY TRUST FUND

SEC. 201. ESTABLISHMENT OF AMERICAN-MADE ENERGY TRUST FUND.

    (a) Creation of Trust Fund.--Subchapter A of chapter 98 of the 
Internal Revenue Code of 1986 is amended by inserting at the end the 
following new section:

``SEC. 9511. AMERICAN-MADE ENERGY TRUST FUND.

    ``(a) Establishment of Trust Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the 
`American-Made Energy Trust Fund', consisting of such amounts as may be 
appropriated or credited to the American-Made Energy Trust Fund as 
provided in this section.
    ``(b) Transfers to Trust Fund.--To the extent provided in 
appropriations Acts, there shall be appropriated to the American-Made 
Energy Trust Fund--
            ``(1) the amounts required to be transferred under section 
        128 of A Roadmap for America's Energy Future;
            ``(2) all amounts received by the United States as bonus 
        bids, rents, and royalties for oil and gas leases of the outer 
        Continental Shelf awarded after the date of the enactment of A 
        Roadmap for America's Energy Future that are not otherwise 
        required by law to be paid by the United States; and
            ``(3) all amounts received by the United States as bonus 
        bids, rents, and royalties for oil shale leases of Federal 
        lands awarded after the date of the enactment of A Roadmap for 
        America's Energy Future.
    ``(c) Expenditures From American-Made Energy Trust Fund.--As 
provided by appropriation Acts, amounts in the American-Made Energy 
Trust Fund shall be available in any year to carry out sections 401 and 
402 of A Roadmap for America's Energy Future.''.
    (b) Clerical Amendment.--The table of sections for subchapter A of 
chapter 98 of such Code is amended by inserting at the end the 
following new item:

``Sec. 9511. American-Made Energy Trust Fund.''.

                           TITLE III--NUCLEAR

SEC. 301. FINDINGS.

    The Congress finds that--
            (1) there are 104 nuclear reactors currently operating in 
        the United States, providing 20 percent of the electricity of 
        the United States;
            (2) between 1960 and 1980, the Nuclear Regulatory 
        Commission issued 169 permits to construct nuclear power 
        facilities;
            (3) nuclear power is a safe, reliable, efficient, and 
        affordable source of energy;
            (4) there are 17 combined operating and license 
        applications currently pending before the Nuclear Regulatory 
        Commission;
            (5) nuclear power is responsible for 72 percent of 
        emission-free electricity production in the United States and 
        is an essential tool for greenhouse gas reduction;
            (6) increasing nuclear power threefold will create 480,000 
        construction jobs, 140,000 permanent jobs, and $20,000,000,000 
        in local, State, and Federal tax revenue each year;
            (7) increasing nuclear power threefold will reduce 
        electricity-based carbon dioxide emissions by 1,400,000,000 
        metric tons annually and will reduce carbon emissions by 65 
        percent by 2050; and
            (8) increasing nuclear power threefold will produce 320 
        gigawatts of electricity to power 237,000,000 households and 
        constitute 52 percent of United States electricity portfolio by 
        2030.

SEC. 302. 200 OPERATING PERMITS BY 2040.

    The Nuclear Regulatory Commission shall issue operating permits for 
200 new commercial nuclear reactors, or the megawatt equivalent, by 
2040, if there are a sufficient number of applicants.

SEC. 303. RECYCLE AND SAFELY STORE SPENT NUCLEAR FUEL.

    (a) Findings.--The Congress finds that--
            (1) the Nuclear Waste Policy Act of 1982 requires the 
        Federal Government to take ownership of high-level nuclear 
        waste and spent nuclear fuel and build a permanent geologic 
        repository in which to store this waste;
            (2) the Nuclear Waste Policy Act of 1982, as amended in 
        1987, selected the Yucca Mountain site to be the sole geologic 
        repository in which to store high-level nuclear waste and spent 
        nuclear fuel;
            (3) the Congress reaffirmed Yucca Mountain as the sole 
        geologic repository in 2001;
            (4) despite the foregoing laws, the Government has failed 
        to accept high-level nuclear waste and spent nuclear fuel from 
        utilities and has delayed construction of the Yucca Mountain 
        repository;
            (5) failure to accept high-level nuclear waste and spent 
        nuclear fuel has led to more than 71 lawsuits filed by 
        utilities against the Government, $600,000,000 in settlements 
        being paid, and an estimated $12,300,000,000 in potential 
        liabilities to settle remaining lawsuits;
            (6) each year the Government refuses to accept high-level 
        nuclear waste and spent nuclear fuel adds an estimated 
        $500,000,000 in additional liabilities associated with future 
        lawsuits; and
            (7) the failure of the Federal Government to accept high-
        level nuclear waste and spent nuclear fuel from utilities is a 
        significant barrier to the future development of additional 
        nuclear power.
    (b) High-Level Nuclear Waste Repository.--
            (1) The Federal Government remains obliged to construct and 
        operate at least one high-level nuclear materials geologic 
        repository for the disposal of spent nuclear fuel and high-
        level radioactive waste.
            (2) The high-level nuclear waste repository site at Yucca 
        Mountain shall remain the site for the Nation's nuclear waste 
        repository unless it is deemed technologically or 
        scientifically unsuitable by the Nuclear Regulatory Commission 
        following full statutory review of the Department of Energy's 
        license application to construct the Yucca Mountain repository.
            (3) The Nuclear Regulatory Commission shall continue to 
        review the Department of Energy's pending license application 
        to construct the nuclear waste repository at Yucca Mountain 
        until a determination is made on the merits of the application.
            (4) In addition to pursuing approval of the license 
        application referenced in paragraph (3), the Secretary shall 
        undertake the following activities:
                    (A) Seeking all other necessary regulatory 
                approvals and permits to construct and operate the 
                Yucca Mountain repository.
                    (B) Conducting all necessary design and engineering 
                work to support construction of the repository.
                    (C) Undertaking all infrastructure activities 
                necessary to support the construction or operation of 
                the repository or transportation to the site of spent 
                nuclear fuel and high-level radioactive waste. 
                Infrastructure activities include, but are not limited 
                to, safety upgrades; site preparation; the construction 
                of a rail line to connect the Yucca Mountain site with 
                the national rail network, including any facilities to 
                facilitate rail operations; and construction, upgrade, 
                acquisition, or operation of electrical grids or 
                facilities, other utilities, communication facilities, 
                access roads, rail lines, and nonnuclear support 
                facilities.
            (5) All statutory limitations on the amount of spent fuel 
        that can be placed in Yucca Mountain shall be removed and 
        replaced with new limits based on scientific and technical 
        analysis of the full capacity of Yucca Mountain for the storage 
        of spent nuclear fuel and high-level radioactive waste.
    (c) Temporary Nuclear Fuel Storage Facilities.--The Secretary of 
the Interior shall grant all necessary rights of way and land use 
authorizations needed for a nuclear fuel storage facility if the State 
and locality in which such facility is located reach an agreement with 
a private entity. The Federal Government shall take title of the 
contents of any such facility upon closure or decommissioning.
    (d) Recycling.--
            (1) Amendment.--Section 302 of the Nuclear Waste Policy Act 
        of 1982 (42 U.S.C. 10222) is amended--
                    (A) in subsection (d), by striking ``The Secretary 
                may'' and inserting ``Except as provided in subsection 
                (f), the Secretary may''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(f) Recycling.--
            ``(1) In general.--Except as provided in paragraph (3), 
        amounts in the Waste Fund shall be used by the Secretary of 
        Energy, subject to the availability of appropriations provided 
        in advance specifically for that purpose, to develop, 
        construct, and operate a facility for the recycling of spent 
        nuclear fuel.
            ``(2) Certification.--The Secretary shall not develop, 
        construct, and operate a facility under this subsection unless 
        the President certifies to the Congress that recycling of the 
        waste would reduce the overall projected cost to the Federal 
        Government for safely accepting and disposing of high-level 
        nuclear waste.''.
            (2) Prohibition.--The Administration is prohibited from 
        blocking or hindering spent nuclear fuel recycling activities.
            (3) 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 subparagraph (A) of this 
                paragraph.
    (e) Nuclear Waste Fund Management.--
            (1) Offsetting collections.--Fees collected by the 
        Secretary of Energy and deposited into the Nuclear Waste Fund 
        under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et 
        seq.) shall be credited to the Nuclear Waste Fund as offsetting 
        collections in amounts not to exceed the amounts annually 
        appropriated from the Nuclear Waste Fund.
            (2) Additional necessary sums.--To the extent that the 
        level of budgetary resources from offsetting collections is 
        insufficient to implement activities under the Nuclear Waste 
        Policy Act of 1982 for a fiscal year, there are authorized to 
        be appropriated for implementing those activities such 
        additional sums as may be necessary from the balances in the 
        Nuclear Waste Fund.

SEC. 304. CONFIDENCE IN AVAILABILITY OF WASTE DISPOSAL.

    Notwithstanding any other provision of law, in deciding whether to 
permit the construction or operation of a nuclear reactor or any 
related facilities, the Nuclear Regulatory Commission shall deem, 
without further consideration, that sufficient capacity will be 
available in a timely manner to dispose of spent nuclear fuel and high 
level radioactive waste resulting from the operation of the reactor and 
any related facilities.

 TITLE IV--REVERSE AUCTION MECHANISMS FOR RENEWABLE ENERGY GENERATION 
                   AND FOR RENEWABLE FUEL PRODUCTION

SEC. 401. REVERSE AUCTION MECHANISM FOR RENEWABLE ENERGY GENERATION.

    (a) Reverse Auction.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall promulgate regulations to 
conduct reverse auctions, as described in subsection (b), to award 
funds from the American-Made Energy Trust Fund to owners or operators 
of qualified renewable energy facilities to generate an amount of 
electric energy.
    (b) Reverse Auction Requirements.--The regulations under subsection 
(a) shall include the following:
            (1) Frequency.--Subject to amounts available in the 
        American-Made Energy Trust Fund (including any amounts not 
        obligated in the previous calendar year), the Secretary shall 
        conduct a minimum of 2 reverse auctions per calendar year.
            (2) Bids.--In any reverse auction under this section, bids 
        shall describe the amount of electric energy to be generated by 
        the qualified renewable energy facility and the price per 
        megawatt hour of electric energy that will be generated by such 
        facility.
            (3) Selection of renewable energy facilities.--In 
        determining bidders to award funds to in any reverse auction 
        under this section, the Secretary shall consider--
                    (A) bids that incorporate the lowest bid price per 
                megawatt hour of electric energy; and
                    (B) existing subsidies and other support received 
                by a bidder.
            (4) Categories of generating capacity.--
                    (A) Allocation.--Subject to subparagraph (B), in 
                each reverse auction under this section funds shall be 
                allocated as follows:
                            (i) 25 percent of the funds shall be 
                        awarded for the generation of electric energy 
                        by qualified renewable energy facilities that 
                        have a small generating capacity.
                            (ii) 25 percent of the funds shall be 
                        awarded for the generation of electric energy 
                        by qualified renewable energy facilities that 
                        have a mid-sized generating capacity.
                            (iii) 50 percent of the funds shall be 
                        awarded for the generation of electric energy 
                        by qualified renewable energy facilities that 
                        have a large generating capacity.
                    (B) Insufficient funds.--If the Secretary 
                determines that the amount of funds available in any 
                calendar year in the American-Made Energy Trust Fund 
                (including any amounts not obligated in the previous 
                calendar year) are insufficient to provide adequate 
                funding for each allocation described in clauses (i), 
                (ii), and (iii) of subparagraph (A), the Secretary may 
                reduce or eliminate any allocation requirement under 
                such subparagraph.
                    (C) Determination by secretary.--With respect to 
                the generating capacity of a qualified renewable energy 
                facility, the Secretary shall determine what qualifies 
                as a small, mid-sized, and large generating capacity 
                for purposes of this paragraph.
            (5) Standard amounts of electric energy.--In each reverse 
        auction under this section, the Secretary shall determine 
        standard amounts of electric energy that owners or operators of 
        qualified renewable energy facilities may bid on as well as the 
        time allotted to generate such an amount of electric energy.
            (6) Confidentiality.--Information regarding the bid price 
        of an owner or operator selected for an award of funds pursuant 
        to a reverse auction under this section shall remain 
        confidential until the initial award of funds to such owner or 
        operator is made.
            (7) Information regarding auctions.--Prior to each reverse 
        auction under this section, the Secretary shall make publicly 
        available information regarding such reverse auction, including 
        standard amounts of electric energy described in paragraph (5) 
        to be auctioned and allocations described in paragraph (4) for 
        such auction.
    (c) Award of Funds.--
            (1) Timing.--The Secretary may award funds to an owner or 
        operator selected--
                    (A) when generation of the amount of electric 
                energy referenced in such owner or operator's bid 
                begins;
                    (B) on an incremental basis of generation until the 
                amount of electric energy referenced in such owner or 
                operator's bid has been generated; or
                    (C) after the amount of electric energy referenced 
                in such owner or operator's bid has been generated.
            (2) Contracts for generation.--In order to receive an award 
        of funds pursuant to a reverse auction under this section, an 
        owner or operator selected for such award of funds shall enter 
        into a contract with the Secretary delineating the terms of the 
        award of funds, including when such owner or operator shall be 
        required to pay the Secretary an amount equal to funds awarded 
        to such owner or operator for electric energy referenced in 
        such owner or operator's bid that such owner or operator fails 
        to generate.
    (d) Criteria for Renewable Energy Facilities.--A qualified 
renewable energy facility is a renewable energy facility that satisfies 
the following criteria:
            (1) Operation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the renewable energy facility shall be in 
                operation not later than 18 months after the owner or 
                operator of such renewable energy facility is selected 
                for an award of funds pursuant to a reverse auction 
                under this section.
                    (B) Extension.--The Secretary may grant an owner or 
                operator of a renewable energy facility a one-time 6 
                month extension of the deadline for operation under 
                subparagraph (A) if such owner or operator 
                demonstrates, to the satisfaction of the Secretary, 
                that operation is delayed due to regulatory constraints 
                beyond the control of such owner or operator. 
                Extensions under this subparagraph may not be granted 
                for delays due to lack of financing or delayed 
                equipment delivery.
            (2) Deposit.--An owner or operator of a renewable energy 
        facility shall provide a deposit of, as determined by the 
        Secretary, an appropriate amount per kilowatt hour of 
        electricity to be generated by such facility for which the 
        owner or operator is receiving an award of funds pursuant to a 
        reverse auction under this section. Such deposit shall be due 
        at the time of the initial award of funds to such owner or 
        operator and shall be refunded when the facility begins 
        operation. If the renewable energy facility is not in operation 
        by the deadline for operation under subparagraph (A) or 
        subparagraph (B) of paragraph (1), the owner or operator shall 
        forfeit such deposit.
            (3) Expertise.--The owner or operator of the renewable 
        energy facility shall demonstrate, to the satisfaction of the 
        Secretary, competence with respect to the generation of 
        electric energy from the renewable energy source used by such 
        facility.
            (4) Demonstrated technology.--The owner or operator of the 
        renewable energy facility shall demonstrate, to the 
        satisfaction of the Secretary, that the renewable energy 
        generating technology used by such facility can be used on a 
        commercial scale.
            (5) Additional criteria.--Any additional criteria the 
        Secretary determines appropriate.
    (e) Definitions.--In this section:
            (1) The term ``American-Made Energy Trust Fund'' means the 
        trust fund established by section 9511 of the Internal Revenue 
        Code of 1986.
            (2) The term ``operation'', with respect to a renewable 
        energy facility, means that--
                    (A) such facility is generating electric energy;
                    (B) such facility is transmitting electric energy 
                onto the electric power grid; and
                    (C) electric energy generated by such facility is 
                being sold to one or more electric utilities.
            (3) The term ``Secretary'' means the Secretary of Energy.
            (4) The term ``renewable energy'' has the meaning given 
        such term in section 203(b) of the Energy Policy Act of 2005 
        (42 U.S.C. 15852(b)).
            (5) The term ``renewable energy facility'' means a 
        facility--
                    (A) for the generation of electric energy and the 
                transmission of such electric energy onto the electric 
                power grid; and
                    (B) that generates such electric energy from a 
                renewable energy source.
            (6) The term ``qualified renewable energy facility'' means 
        a renewable energy facility that satisfies the criteria under 
        subsection (d).
    (f) Denial of Double Benefit.--
            (1) Treatment as qualified facility.--A renewable energy 
        facility for which funds are awarded under this section shall 
        not be treated as a qualified facility for purposes of section 
        45 of the Internal Revenue Code of 1986 (relating to 
        electricity produced from certain renewable resources, etc.).
            (2) Coordination with tax deductions and credits.--The 
        amount taken into account in determining a deduction or credit 
        under the Internal Revenue Code of 1986 with respect to a 
        renewable energy facility shall be reduced by the amount of any 
        award under this section.
            (3) Basis.--For purposes of the Internal Revenue Code of 
        1986, the basis of a renewable energy facility for which funds 
        are awarded under this section shall be reduced by the amount 
        of such award.

   TITLE V--NATIONAL COMMISSION ON OUTER CONTINENTAL SHELF OIL SPILL 
                               PREVENTION

SEC. 501. NATIONAL COMMISSION ON OUTER CONTINENTAL SHELF OIL SPILL 
              PREVENTION.

    (a) Establishment.--There is established in the Legislative branch 
the National Commission on Outer Continental Shelf Oil Spill Prevention 
(referred to in this section as the ``Commission'').
    (b) Purposes.--The purposes of the Commission are--
            (1) to examine and report on the facts and causes relating 
        to the Deepwater Horizon explosion and oil spill of 2010;
            (2) to ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the incident;
            (3) to build upon the investigations of other entities, and 
        avoid unnecessary duplication, by reviewing the findings, 
        conclusions, and recommendations of--
                    (A) the Committees on Energy and Natural Resources 
                and Commerce, Science, and Transportation of the 
                Senate;
                    (B) the Committee on Natural Resources and the 
                Subcommittee on Oversight and Investigations of the 
                House of Representatives; and
                    (C) other Executive branch, congressional, or 
                independent commission investigations into the 
                Deepwater Horizon incident of 2010, other fatal oil 
                platform accidents and major spills, and major oil 
                spills generally;
            (4) to make a full and complete accounting of the 
        circumstances surrounding the incident, and the extent of the 
        preparedness of the United States for, and immediate response 
        of the United States to, the incident; and
            (5) to investigate and report to the President and Congress 
        findings, conclusions, and recommendations for corrective 
        measures that may be taken to prevent similar incidents.
    (c) Composition of Commission.--
            (1) Members.--The Commission shall be composed of 10 
        members, of whom--
                    (A) 1 member shall be appointed by the President, 
                who shall serve as Chairperson of the Commission;
                    (B) 1 member shall be appointed by the majority or 
                minority (as the case may be) leader of the Senate from 
                the Republican Party and the majority or minority (as 
                the case may be) leader of the House of Representatives 
                from the Republican Party, who shall serve as Vice 
                Chairperson of the Commission;
                    (C) 2 members shall be appointed by the senior 
                member of the leadership of the Senate from the 
                Democratic Party;
                    (D) 2 members shall be appointed by the senior 
                member of the leadership of the House of 
                Representatives from the Republican Party;
                    (E) 2 members shall be appointed by the senior 
                member of the leadership of the Senate from the 
                Republican Party; and
                    (F) 2 members shall be appointed by the senior 
                member of the leadership of the House of 
                Representatives from the Democratic Party.
            (2) Qualifications; initial meeting.--
                    (A) Political party affiliation.--Not more than 5 
                members of the Commission shall be from the same 
                political party.
                    (B) Nongovernmental appointees.--An individual 
                appointed to the Commission may not be a current 
                officer or employee of the Federal Government or any 
                State or local government.
                    (C) Other qualifications.--It is the sense of 
                Congress that individuals appointed to the Commission 
                should be prominent United States citizens, with 
                national recognition and significant depth of 
                experience and expertise in such areas as--
                            (i) engineering;
                            (ii) environmental compliance;
                            (iii) health and safety law (particularly 
                        oil spill legislation);
                            (iv) oil spill insurance policies;
                            (v) public administration;
                            (vi) oil and gas exploration and 
                        production;
                            (vii) environmental cleanup; and
                            (viii) fisheries and wildlife management.
                    (D) Deadline for appointment.--All members of the 
                Commission shall be appointed on or before September 
                15, 2010.
                    (E) Initial meeting.--The Commission shall meet and 
                begin the operations of the Commission as soon as 
                practicable after the date of enactment of this Act.
            (3) Quorum; vacancies.--
                    (A) In general.--After the initial meeting of the 
                Commission, the Commission shall meet upon the call of 
                the Chairperson or a majority of the members of the 
                Commission.
                    (B) Quorum.--6 members of the Commission shall 
                constitute a quorum.
                    (C) Vacancies.--Any vacancy in the Commission shall 
                not affect the powers of the Commission, but shall be 
                filled in the same manner in which the original 
                appointment was made.
    (d) Functions of Commission.--
            (1) In general.--The functions of the Commission are--
                    (A) to conduct an investigation that--
                            (i) investigates relevant facts and 
                        circumstances relating to the Deepwater Horizon 
                        incident of April 20, 2010, and the associated 
                        oil spill thereafter, including any relevant 
                        legislation, Executive order, regulation, plan, 
                        policy, practice, or procedure; and
                            (ii) may include relevant facts and 
                        circumstances relating to--
                                    (I) permitting agencies;
                                    (II) environmental and worker 
                                safety law enforcement agencies;
                                    (III) national energy requirements;
                                    (IV) deepwater and ultradeepwater 
                                oil and gas exploration and 
                                development;
                                    (V) regulatory specifications, 
                                testing, and requirements for offshore 
                                oil and gas well explosion prevention;
                                    (VI) regulatory specifications, 
                                testing, and requirements offshore oil 
                                and gas well casing and cementing 
                                regulation;
                                    (VII) the role of congressional 
                                oversight and resource allocation; and
                                    (VIII) other areas of the public 
                                and private sectors determined to be 
                                relevant to the Deepwater Horizon 
                                incident by the Commission;
                    (B) to identify, review, and evaluate the lessons 
                learned from the Deepwater Horizon incident of April 
                20, 2010, regarding the structure, coordination, 
                management policies, and procedures of the Federal 
                Government, and, if appropriate, State and local 
                governments and nongovernmental entities, and the 
                private sector, relative to detecting, preventing, and 
                responding to those incidents; and
                    (C) to submit to the President and Congress such 
                reports as are required under this section containing 
                such findings, conclusions, and recommendations as the 
                Commission determines to be appropriate, including 
                proposals for organization, coordination, planning, 
                management arrangements, procedures, rules, and 
                regulations.
            (2) Relationship to inquiry by congressional committees.--
        In investigating facts and circumstances relating to energy 
        policy, the Commission shall--
                    (A) first review the information compiled by, and 
                any findings, conclusions, and recommendations of, the 
                committees identified in subparagraphs (A) and (B) of 
                subsection (b)(3); and
                    (B) after completion of that review, pursue any 
                appropriate area of inquiry, if the Commission 
                determines that--
                            (i) those committees have not investigated 
                        that area;
                            (ii) the investigation of that area by 
                        those committees has not been completed; or
                            (iii) new information not reviewed by the 
                        committees has become available with respect to 
                        that area.
    (e) Powers of Commission.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member of the 
        Commission, may, for the purpose of carrying out this section--
                    (A) hold such hearings, meet and act at such times 
                and places, take such testimony, receive such evidence, 
                and administer such oaths; and
                    (B) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses and the 
                production of such books, records, correspondence, 
                memoranda, papers, documents, tapes, and materials;
as the Commission or such subcommittee or member considers to be 
advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this paragraph only--
                                    (I) by the agreement of the 
                                Chairperson and the Vice Chairperson; 
                                or
                                    (II) by the affirmative vote of 6 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), a 
                        subpoena issued under this paragraph--
                                    (I) shall bear the signature of the 
                                Chairperson or any member designated by 
                                a majority of the Commission;
                                    (II) and may be served by any 
                                person or class of persons designated 
                                by the Chairperson or by a member 
                                designated by a majority of the 
                                Commission for that purpose.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        subparagraph (A), the United States district 
                        court for the district in which the subpoenaed 
                        person resides, is served, or may be found, or 
                        where the subpoena is returnable, may issue an 
                        order requiring the person to appear at any 
                        designated place to testify or to produce 
                        documentary or other evidence.
                            (ii) Judicial action for noncompliance.--
                        Any failure to obey the order of the court may 
                        be punished by the court as a contempt of that 
                        court.
                            (iii) Additional enforcement.--In the case 
                        of any failure of any witness to comply with 
                        any subpoena or to testify when summoned under 
                        authority of this subsection, the Commission 
                        may, by majority vote, certify a statement of 
                        fact constituting such failure to the 
                        appropriate United States attorney, who may 
                        bring the matter before the grand jury for 
                        action, under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes (2 U.S.C. 
                        192 through 194).
            (3) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriation Acts, enter into 
        contracts to enable the Commission to discharge the duties of 
        the Commission under this section.
            (4) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from any Executive department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality of the Federal Government, information, 
                suggestions, estimates, and statistics for the purposes 
                of this section.
                    (B) Cooperation.--Each Federal department, bureau, 
                agency, board, commission, office, independent 
                establishment, or instrumentality shall, to the extent 
                authorized by law, furnish information, suggestions, 
                estimates, and statistics directly to the Commission, 
                upon request made by the Chairperson, the Chairperson 
                of any subcommittee created by a majority of the 
                Commission, or any member designated by a majority of 
                the Commission.
                    (C) Receipt, handling, storage, and 
                dissemination.--Information shall be received, handled, 
                stored, and disseminated only by members of the 
                Commission and the staff of the Commission in 
                accordance with all applicable laws (including 
                regulations and Executive orders).
            (5) Assistance from federal agencies.--
                    (A) General services administration.--The 
                Administrator of General Services shall provide to the 
                Commission on a reimbursable basis administrative 
                support and other services for the performance of the 
                functions of the Commission.
                    (B) Other departments and agencies.--In addition to 
                the assistance prescribed in subparagraph (A), 
                departments and agencies of the United States may 
                provide to the Commission such services, funds, 
                facilities, staff, and other support services as are 
                determined to be advisable and authorized by law.
            (6) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property, including travel, 
        for the direct advancement of the functions of the Commission.
            (7) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as departments and agencies of the United States.
    (f) Public Meetings and Hearings.--
            (1) Public meetings and release of public versions of 
        reports.--The Commission shall--
                    (A) hold public hearings and meetings, to the 
                extent appropriate; and
                    (B) release public versions of the reports required 
                under paragraphs (1) and (2) of subsection (j).
            (2) Public hearings.--Any public hearings of the Commission 
        shall be conducted in a manner consistent with the protection 
        of proprietary or sensitive information provided to or 
        developed for or by the Commission as required by any 
        applicable law (including a regulation or Executive order).
    (g) Staff of Commission.--
            (1) In general.--
                    (A) Appointment and compensation.--
                            (i) In general.--The Chairperson, in 
                        consultation with the Vice Chairperson and in 
                        accordance with rules agreed upon by the 
                        Commission, may, without regard to the civil 
                        service laws (including regulations), appoint 
                        and fix the compensation of a staff director 
                        and such other personnel as are necessary to 
                        enable the Commission to carry out the 
                        functions of the Commission.
                            (ii) Maximum rate of pay.--No rate of pay 
                        fixed under this subparagraph may exceed the 
                        equivalent of that payable for a position at 
                        level V of the Executive Schedule under section 
                        5316 of title 5, United States Code.
                    (B) Personnel as federal employees.--
                            (i) In general.--The staff director and any 
                        personnel of the Commission who are employees 
                        shall be considered to be employees under 
                        section 2105 of title 5, United States Code, 
                        for purposes of chapters 63, 81, 83, 84, 85, 
                        87, 89, and 90 of that title.
                            (ii) Members of commission.--Clause (i) 
                        shall not apply to members of the Commission.
            (2) Detailees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Commission without 
                reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (3) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (h) Compensation and Travel Expenses.--
            (1) Compensation of members.--
                    (A) Non-federal employees.--A member of the 
                Commission who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the 
                Commission.
                    (B) Federal employees.--A member of the Commission 
                who is an officer or employee of the Federal Government 
                shall serve without compensation in addition to the 
                compensation received for the services of the member as 
                an officer or employee of the Federal Government.
            (2) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Commission.
    (i) Security Clearances for Commission Members and Staff.--
            (1) In general.--Subject to paragraph (2), the appropriate 
        Federal agencies or departments shall cooperate with the 
        Commission in expeditiously providing to the members and staff 
        of the Commission appropriate security clearances, to the 
        maximum extent practicable, pursuant to existing procedures and 
        requirements.
            (2) Proprietary information.--No person shall be provided 
        with access to proprietary information under this section 
        without the appropriate security clearances.
    (j) Reports of Commission; Adjournment.--
            (1) Interim reports.--The Commission may submit to the 
        President and Congress interim reports containing such 
        findings, conclusions, and recommendations for corrective 
        measures as have been agreed to by a majority of members of the 
        Commission.
            (2) Final report.--Not later than 180 days after the date 
        of the enactment of this Act, the Commission shall submit to 
        the President and Congress a final report containing such 
        findings, conclusions, and recommendations for corrective 
        measures as have been agreed to by a majority of members of the 
        Commission.
            (3) Temporary adjournment.--
                    (A) In general.--The Commission, and all the 
                authority provided under this section, shall adjourn 
                and be suspended, respectively, on the date that is 60 
                days after the date on which the final report is 
                submitted under paragraph (2).
                    (B) Administrative activities before termination.--
                The Commission may use the 60-day period referred to in 
                subparagraph (A) for the purpose of concluding 
                activities of the Commission, including--
                            (i) providing testimony to committees of 
                        Congress concerning reports of the Commission; 
                        and
                            (ii) disseminating the final report 
                        submitted under paragraph (2).
                    (C) Reconvening of commission.--The Commission 
                shall stand adjourned until such time as the President 
                or the Secretary of Homeland Security declares an oil 
                spill of national significance to have occurred, at 
                which time--
                            (i) the Commission shall reconvene in 
                        accordance with subsection (c)(3); and
                            (ii) the authority of the Commission under 
                        this section shall be of full force and effect.
    (k) Funding.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this section--
                    (A) $10,000,000 for the first fiscal year in which 
                the Commission convenes; and
                    (B) $3,000,000 for each fiscal year thereafter in 
                which the Commission convenes.
            (2) Availability.--Amounts made available to carry out this 
        section shall be available--
                    (A) for transfer to the Commission for use in 
                carrying out the functions and activities of the 
                Commission under this section; and
                    (B) until the date on which the Commission adjourns 
                for the fiscal year under subsection (j)(3).
    (l) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.
                                 <all>