[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1333 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1333

   To provide clean, affordable, and reliable energy, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2009

Mr. Barrasso (for himself, Mr. Crapo, Mr. Hatch, Mr. Vitter, Mr. Risch, 
  Mr. Bennett, and Mr. Enzi) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To provide clean, affordable, and reliable energy, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Clean, Affordable, 
and Reliable Energy Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
    TITLE I--PROMOTING DEVELOPMENT AND DEPLOYMENT OF RENEWABLE AND 
                           ALTERNATIVE ENERGY

    Subtitle A--American Renewable and Alternative Energy Trust Fund

Sec. 101. American Renewable and Alternative Energy Trust Fund.
                          Subtitle B--Nuclear

Sec. 111. Use of funds for recycling; Nuclear Waste Fund budget status.
Sec. 112. Rulemaking for licensing of spent nuclear fuel recycling 
                            facilities.
Sec. 113. Waste confidence.
Sec. 114. Domestic manufacturing base for nuclear components and 
                            equipment.
              Subtitle C--Synthetic and Alternative Energy

Sec. 121. Repeal of Federal purchasing requirement.
Sec. 122. Procurement of fuel derived from coal, oil shale, and oil 
                            sands.
Sec. 123. Expanded definition of biomass for certain programs.
                   Subtitle D--Renewable Technologies

Sec. 131. Stewardship end-result contracting projects.
           TITLE II--DOMESTIC ENERGY EDUCATION AND WORKFORCE

Sec. 201. Short title.
Sec. 202. Findings and policy.
Sec. 203. Definitions.
Sec. 204. Maintaining science and technology education programs.
Sec. 205. Grants for scholarships and fellowships.
Sec. 206. Use of grant funds by institutions.
Sec. 207. Career technical and community college education.
Sec. 208. Funding.
                     TITLE III--DOMESTIC PRODUCTION

                  Subtitle A--Outer Continental Shelf

Sec. 301. Disposition of receipts.
Sec. 302. Leasing program considered approved.
Sec. 303. Outer Continental Shelf lease sales.
Sec. 304. Repeal of the Gulf of Mexico Energy Security Act of 2006.
              Subtitle B--Arctic National Wildlife Refuge

Sec. 331. Short title.
Sec. 332. Definitions.
Sec. 333. Leasing program for land within the Coastal Plain.
Sec. 334. Lease sales.
Sec. 335. Grant of leases by the Secretary.
Sec. 336. Lease terms and conditions.
Sec. 337. Coastal plain environmental protection.
Sec. 338. Expedited judicial review.
Sec. 339. Federal and State distribution of revenues.
Sec. 340. Rights-of-way across the Coastal plain.
Sec. 341. Conveyance.
Sec. 342. Local government impact aid and community service assistance.
                         Subtitle C--Oil Shale

Sec. 351. Leasing of oil shale resources.
                    TITLE IV--ENERGY INFRASTRUCTURE

                        Subtitle A--Transmission

Sec. 401. Natural gas pipeline integrity reassessment intervals based 
                            on risk.
        Subtitle B--Small Refinery Study and Temporary Exemption

Sec. 411. Small refinery study and temporary exemption.
     TITLE V--REDUCING GOVERNMENT RED TAPE AND EXCESSIVE LITIGATION

Sec. 501. Alaska Offshore Continental Shelf Coordination Office.
Sec. 502. Clean air regulation.
Sec. 503. Endangered species.
Sec. 504. Minerals Management Service.
Sec. 505. Completion and review of environmental impact statements.
                 TITLE VI--CONSERVATION AND EFFICIENCY

                     Subtitle A--New Source Review

Sec. 601. Clarifying new source review requirements.
             Subtitle B--Clean Coal Alternative Transition

Sec. 611. Carbon dioxide storage capacity assessment.
                       TITLE VII--TAX PROVISIONS

Sec. 701. Amendment of 1986 Code.
                       Subtitle A--Nuclear Energy

Sec. 711. ASME Nuclear Certification credit.
Sec. 712. Expansion of energy investment tax credit to include nuclear 
                            and clean-coal equipment.
Sec. 713. Credit for qualifying nuclear power manufacturing.
              Subtitle B--Synthetic and Alternative Energy

Sec. 721. Coal-to-liquid facilities.
Sec. 722. Permanent extension of the credit for nonbusiness energy 
                            property and the credit for gas produced 
                            from biomass and for synthetic fuels 
                            produced from coal.
Sec. 723. Extension of 50 cent per gallon alternative fuels excise tax 
                            credit.
Sec. 724. Tax credit parity for open-loop biomass facilities.
                 Subtitle C--Alternative Fuel Vehicles

Sec. 731. Extension of credit for alternative fuel vehicles.
Sec. 732. Extension of alternative fuel vehicle refueling property 
                            credit.
Sec. 733. Extension of credit for new qualified plug-in electric drive 
                            motor vehicles.
                   Subtitle D--Energy Infrastructure

Sec. 741. Tax-exempt financing of energy transportation infrastructure 
                            not subject to private business use tests.
Sec. 742. Limitation on discriminatory taxation of certain pipeline 
                            property.
               Subtitle E--Building Efficiency Incentives

Sec. 751. Home energy audits.
Sec. 752. Extension and clarification of new energy efficient home 
                            credit.
Sec. 753. Extension of credit for energy efficient appliances.
Sec. 754. Extension and modification of deduction for energy efficient 
                            commercial buildings.

    TITLE I--PROMOTING DEVELOPMENT AND DEPLOYMENT OF RENEWABLE AND 
                           ALTERNATIVE ENERGY

    Subtitle A--American Renewable and Alternative Energy Trust Fund

SEC. 101. AMERICAN RENEWABLE AND ALTERNATIVE ENERGY TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund, to be known as the ``American Renewable and 
Alternative Energy Trust Fund'', consisting of such amounts as are 
transferred to the American Renewable and Alternative Energy Trust Fund 
by law.
    (b) Expenditures.--
            (1) In general.--Subject to paragraph (2), of the amounts 
        in the American Renewable and Alternative Energy Trust Fund, 
        the Secretary of Energy shall use for each fiscal year, without 
        further appropriation--
                    (A) 2 percent to provide grants to improve the 
                commercial value of forest biomass for electric energy, 
                useful heat, transportation fuels, and other commercial 
                purposes under section 210 of the Energy Policy Act of 
                2005 (42 U.S.C. 15855);
                    (B) 2 percent to provide hydroelectric production 
                incentives under section 242 of the Energy Policy Act 
                of 2005 (42 U.S.C. 15881);
                    (C) 3 percent for development of oil shale, oil 
                sands, and other strategic unconventional fuels under 
                section 369 of the Energy Policy Act of 2005 (42 U.S.C. 
                15927);
                    (D) 7 percent for the Clean Coal Power Initiative 
                under subtitle A of title IV of the Energy Policy Act 
                of 2005 (42 U.S.C. 15961 et seq.);
                    (E) 6 percent for development of solar and wind 
                technologies under section 812 of the Energy Policy Act 
                of 2005 (42 U.S.C. 16161);
                    (F) 20 percent for renewable energy activities 
                under section 931 of the Energy Policy Act of 2005 (42 
                U.S.C. 16231);
                    (G) 2.5 percent to provide production incentives 
                for cellulosic biofuels under section 942 of the Energy 
                Policy Act of 2005 (42 U.S.C. 16251);
                    (H) 4 percent for the coal and related technologies 
                program under section 962 of the Energy Policy Act of 
                2005 (42 U.S.C. 16292);
                    (I) 2.5 percent for methane hydrate research 
                activities under the Methane Hydrate Research and 
                Development Act of 2000 (30 U.S.C. 2001 et seq.);
                    (J) 7 percent to provide incentives for innovative 
                technologies under title XVII of the Energy Policy Act 
                of 2005 (42 U.S.C. 16511 et seq.);
                    (K) 14 percent to provide grants for the production 
                of advanced biofuels under section 207 of the Energy 
                Independence and Security Act of 2007 (42 U.S.C. 
                17022);
                    (L) 2.5 percent for the photovoltaic demonstration 
                program under section 607 of the Energy Independence 
                and Security Act of 2007 (42 U.S.C. 17175);
                    (M) 4 percent for activities for geothermal energy 
                under subtitle B of title VI of the Energy Independence 
                and Security Act of 2007 (42 U.S.C. 17191 et seq.);
                    (N) 2.5 percent for marine and hydrokinetic 
                renewable energy technologies under subtitle C of title 
                VI of the Energy Independence and Security Act of 2007 
                (42 U.S.C. 17211 et seq.);
                    (O) 8 percent for energy storage competitiveness 
                activities under section 641 of the Energy Independence 
                and Security Act of 2007 (42 U.S.C. 17231);
                    (P) 6 percent for the smart grid technology 
                research, development, and demonstration program under 
                section 1304 of Energy Independence and Security Act of 
                2007 (42 U.S.C. 17384);
                    (Q) 5 percent for the domestic energy education and 
                workforce program under title II of this Act; and
                    (R) 2 percent for renewable energy sources that 
                supply base load power generation.
            (2) Apportionment of excess amounts.--Notwithstanding 
        paragraph (1), any amounts allocated to carry out a program or 
        activity under that paragraph that are in excess of the amounts 
        otherwise authorized to be appropriated carry out that program 
        or activity shall be reallocated proportionally among the 
        remaining activities and programs specified in paragraph (1).

                          Subtitle B--Nuclear

SEC. 111. USE OF FUNDS FOR RECYCLING; NUCLEAR WASTE FUND BUDGET STATUS.

    Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222) is amended--
            (1) in subsection (d), by striking ``The Secretary may'' 
        and inserting ``Except as provided in subsection (f), the 
        Secretary may'';
            (2) in subsection (e), by adding at the end the following:
            ``(7) Budget authority.--The receipts and disbursements of 
        the Waste Fund shall not be counted as new budget authority, 
        outlays, receipts, deficits, or surplus for purposes of--
                    ``(A) the budget of the Federal Government, as 
                submitted by the President;
                    ``(B) the congressional budget; or
                    ``(C) the Balanced Budget and Emergency Deficit 
                Control Act of 1985 (2 U.S.C. 900 et seq.).''; and
            (3) by adding at the end the following:
    ``(f) Recycling.--
            ``(1) In general.--Amounts in the Waste Fund may be used by 
        the Secretary to make grants to or enter into long-term 
        contracts with private-sector entities for the recycling of 
        spent nuclear fuel.
            ``(2) Competitive selection.--Grants and contracts 
        authorized under paragraph (1) shall be provided or awarded on 
        the basis of a competitive bidding process that--
                    ``(A) maximizes the competitive efficiency of the 
                projects to be funded;
                    ``(B) best serves the goal of reducing the quantity 
                of waste requiring disposal under this Act; and
                    ``(C) ensures adequate protection against the 
                proliferation of nuclear materials that could be used 
                in the manufacture of nuclear weapons.''.

SEC. 112. RULEMAKING FOR LICENSING OF SPENT NUCLEAR FUEL RECYCLING 
              FACILITIES.

    (a) Requirement.--The Nuclear Regulatory Commission shall, as 
expeditiously as practicable, 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 (42 U.S.C. 2011 et seq.), of facilities 
for the recycling of spent nuclear fuel.
    (b) Funding.--Amounts in the Nuclear Waste Fund established by 
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(c)) shall be made available to the Nuclear Regulatory Commission 
to cover the costs incurred in carrying out subsection (a).

SEC. 113. WASTE CONFIDENCE.

    The Nuclear Regulatory Commission may not deny an application for a 
license, permit, or other authorization under the Atomic Energy Act of 
1954 (42 U.S.C. 2011 et seq.) on the grounds that sufficient capacity 
does not exist, or will not become available on a timely basis, for the 
disposal of spent nuclear fuel or high-level radioactive waste from the 
facility for which the license, permit, or other authorization is 
sought.

SEC. 114. DOMESTIC MANUFACTURING BASE FOR NUCLEAR COMPONENTS AND 
              EQUIPMENT.

    (a) Purposes.--The purposes of this section are--
            (1) to increase the competitiveness of the United States 
        nuclear energy product and service industries;
            (2) to identify the stimulus or incentives necessary to 
        cause United States manufacturers of nuclear energy products to 
        expand manufacturing capacity;
            (3) to facilitate the export of United States nuclear 
        energy products and services;
            (4) to reduce the trade deficit of the United States 
        through the export of United States nuclear energy products and 
        services;
            (5) to retain and create nuclear energy manufacturing and 
        related service jobs in the United States;
            (6) to integrate into the foreign policy of the United 
        States, in a manner consistent with the interests of the United 
        States, the objectives described in paragraphs (1) through (4); 
        and
            (7) to authorize funds for increasing United States 
        capacity to manufacture nuclear energy products and supply 
        nuclear energy services.
    (b) Establishment.--
            (1) In general.--There is established an interagency 
        working group (referred to in this section as the ``Working 
        Group'').
            (2) Composition.--The Working Group shall be composed of--
                    (A) the Secretary of Energy (or a designee of the 
                Secretary of Energy), who shall serve as Chairperson of 
                the Working Group; and
                    (B) such representatives of Federal agencies as the 
                President determines to be appropriate, including 
                representatives of--
                            (i) the Department of Energy;
                            (ii) the Department of Commerce;
                            (iii) the Department of Defense;
                            (iv) the Department of Treasury;
                            (v) the Department of State;
                            (vi) the Environmental Protection Agency;
                            (vii) the United States Agency for 
                        International Development;
                            (viii) the Export-Import Bank of the United 
                        States;
                            (ix) the Trade and Development Agency;
                            (x) the Small Business Administration; and
                            (xi) the Office of the United States Trade 
                        Representative.
                    (C) Personnel and services.--The Secretary of 
                Energy and the heads of other Federal agencies 
                represented on the Working Group shall detail such 
                personnel and furnish such services to the Working 
                Group, with or without reimbursement, as are necessary 
                to carry out the duties of the Working Group.
    (c) Duties.--
            (1) Recommendations.--
                    (A) In general.--The Working Group, in consultation 
                with representative industry organizations and 
                manufacturers of nuclear energy products, shall make 
                recommendations in accordance with this paragraph to 
                coordinate the actions and programs of the Federal 
                Government in order to promote--
                            (i) the increasing of domestic 
                        manufacturing capacity; and
                            (ii) the export of domestic nuclear energy 
                        products and services.
                    (B) Actions, mechanisms, and initiatives.--Not 
                later than 180 days after the date of enactment of this 
                Act, the Working Group shall identify--
                            (i) the actions necessary to promote the 
                        safe development and application in foreign 
                        countries of nuclear energy products and 
                        services--
                                    (I) to increase electricity 
                                generation from nuclear energy sources 
                                through development of new generation 
                                facilities;
                                    (II) to improve the efficiency, 
                                safety, and reliability of existing 
                                nuclear generating facilities through 
                                modifications; and
                                    (III) to enhance the safe 
                                treatment, handling, storage, and 
                                disposal of used nuclear fuel;
                            (ii) mechanisms (including tax stimulus for 
                        investment, loans and loan guarantees, and 
                        grants) necessary for United States companies 
                        to increase--
                                    (I) the capacity of the companies 
                                to produce or provide nuclear energy 
                                products and services; and
                                    (II) the exports of the companies 
                                of nuclear energy products and 
                                services; and
                            (iii) administrative or legislative 
                        initiatives necessary--
                                    (I) to encourage United States 
                                companies to increase the manufacturing 
                                capacity of the companies for nuclear 
                                energy products;
                                    (II) to provide technical and 
                                financial assistance and support to 
                                small and mid-sized businesses to 
                                establish quality assurance programs in 
                                accordance with domestic and 
                                international nuclear quality assurance 
                                code requirements;
                                    (III) to encourage, through 
                                financial incentives, private sector 
                                capital investment to expand 
                                manufacturing capacity; and
                                    (IV) to provide technical 
                                assistance and financial incentives to 
                                small and mid-sized businesses to 
                                develop the workforce necessary to 
                                increase manufacturing capacity and 
                                meet domestic and international nuclear 
                                quality assurance code requirements.
                    (C) Report.--Not later than 270 days after the date 
                of enactment of this Act, the Working Group shall 
                submit to Congress a report that describes the findings 
                and recommendations of the Working Group under this 
                paragraph, including any recommendations of the Working 
                Group for new legislative authority, as appropriate.
            (2) Trade assistance.--The Working Group shall encourage 
        the agencies represented on the Working Group--
                    (A) to provide technical training and education for 
                international development personnel and local users in 
                the home countries of the personnel and users;
                    (B) to provide financial and technical assistance 
                to nonprofit institutions that support the marketing 
                and export efforts of domestic companies that provide 
                nuclear energy products and services;
                    (C) to develop nuclear energy projects in foreign 
                countries;
                    (D) to provide technical assistance and training 
                materials to loan officers of the World Bank, 
                international lending institutions, commercial and 
                energy attaches at embassies of the United States, and 
                other appropriate personnel in order to provide 
                information about nuclear energy products and services 
                to foreign governments or other potential project 
                sponsors;
                    (E) to support, through financial incentives, 
                private-sector efforts to commercialize and export 
                nuclear energy products and services in accordance with 
                the subsidy codes of the World Trade Organization; and
                    (F) to augment budgets for trade and development 
                programs in order to support prefeasibility or 
                feasibility studies for projects that use nuclear 
                energy products and services.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Energy for use in carrying out this 
section $20,000,000 for the period of fiscal years 2009 and 2010.

              Subtitle C--Synthetic and Alternative Energy

SEC. 121. REPEAL OF FEDERAL PURCHASING REQUIREMENT.

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

SEC. 122. PROCUREMENT OF FUEL DERIVED FROM COAL, OIL SHALE, AND OIL 
              SANDS.

    Section 2922d(d) of title 10, United States Code, is amended by 
striking ``1 or more'' and inserting ``up to 25''.

SEC. 123. EXPANDED DEFINITION OF BIOMASS FOR CERTAIN PROGRAMS.

    Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is 
amended by striking subparagraph (I) and inserting the following:
                                    ``(I) Renewable biomass.--The term 
                                `renewable biomass' has the meaning 
                                given the term `biomass' in section 
                                203(b) of the Energy Policy Act of 2005 
                                (42 U.S.C. 15852(b)).''.

                   Subtitle D--Renewable Technologies

SEC. 131. STEWARDSHIP END-RESULT CONTRACTING PROJECTS.

    Section 8 of the Cooperative Forestry Assistance Act of 1978 (16 
U.S.C. 2104) is amended--
            (1) by redesignating subsection (h) as subsection (j) and 
        moving that subsection so as to appear at the end of the 
        section; and
            (2) by inserting after subsection (g) the following:
    ``(h) Cancellation or Termination Costs.--
            ``(1) In general.--Notwithstanding section 304B of the 
        Federal Property and Administrative Services Act of 1949 (41 
        U.S.C. 254c), the Secretary is not required to obligate funds 
        to cover the cost of cancelling a Forest Service stewardship 
        multiyear contract under section 347 of the Department of the 
        Interior and Related Agencies Appropriations Act, 1999 (16 
        U.S.C. 2104 note; section 101(e) of division A of Public Law 
        105-277) until the contract is cancelled.
            ``(2) Funding sources.--The costs of any cancellation or 
        termination of a multiyear stewardship contract described in 
        paragraph (1) may be paid from--
                    ``(A) appropriations originally made available for 
                the performance of the contract concerned;
                    ``(B) appropriations currently available for 
                procurement of the type of service concerned, and not 
                otherwise obligated; or
                    ``(C) funds appropriated for payments for that 
                performance or procurement.
            ``(3) Anti-deficiency act violations.--In a case in which 
        payment or obligation of funds under this subsection would 
        constitute a violation of section 1341 of title 31, United 
        States Code (commonly known as the `Anti-Deficiency Act'), the 
        Secretary may--
                    ``(A) seek a supplemental appropriation; or
                    ``(B) request funds from the permanent judgment 
                appropriation established pursuant to section 1304 of 
                title 31, United States Code.''.

           TITLE II--DOMESTIC ENERGY EDUCATION AND WORKFORCE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Strengthening America's Science 
and Technology Education Act''.

SEC. 202. FINDINGS AND POLICY.

    (a) Findings.--Congress finds that the science and technology 
programs that produce the human capital needed for the energy and 
mineral resources security of the United States--
            (1) are national assets; and
            (2) should be assisted with Federal funds to ensure the 
        continued success and existence of the programs.
    (b) Policy.--It is the policy of the United States to maintain the 
human capital needed to preserve and foster the economic, energy, and 
mineral resources security of the United States.

SEC. 203. DEFINITIONS.

    In this title:
            (1) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (2) Recognized program.--The term ``recognized program'' 
        means a program of study at an institution of higher education 
        that--
                    (A)(i) is an engineering program for energy, 
                petroleum, chemical, mining, nuclear, or mineral 
                engineering that is accredited as of the date of 
                enactment of this Act;
                    (ii) is a geological engineering or geophysical 
                engineering program that--
                            (I) is accredited as of the date of 
                        enactment of this Act; and
                            (II) is focused on petroleum or natural gas 
                        production, the production of mineral 
                        resources, or the development of permanent 
                        underground workings, as demonstrated by the 
                        curriculum and the expertise of the faculty of 
                        the program; or
                    (iii) is a program in geology or geophysics that--
                            (I) the Secretary determines to be 
                        acceptable under this title; and
                            (II) has undergraduate and graduate 
                        programs of research and education in the 
                        geology and geophysics of conventional or 
                        nonconventional energy, geothermal energy, or 
                        metallic and nonmetallic deposits, including 
                        industrial minerals, sand and gravel deposits; 
                        and
            (B)(i) in the case of an engineering program, meets the 
        specific program criteria established by the 1 or more 
        applicable member societies of ABET, Inc.; or
            (ii) in the case of a geology or geophysics program, meets 
        the appropriate criteria established by the Secretary.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 204. MAINTAINING SCIENCE AND TECHNOLOGY EDUCATION PROGRAMS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue such regulations as are 
necessary to carry out this title.
    (b) Research Grants.--In support of the policy described in section 
202(b), the Secretary shall provide research grants to institutions of 
higher education and other institutions to assist in maintaining 
recognized programs in education and research.
    (c) Requirements.--
            (1) Research.--Research funded at recognized programs by 
        grants under this section shall include studies and research--
                    (A) to enhance basic science and engineering;
                    (B) to provide proof of scientific or engineering 
                concepts; and
                    (C) to determine scientific or engineering 
                feasibility.
            (2) Maintenance of program.--As a condition on receipt of a 
        grant under this section, each institution of higher education 
        or other institution that receives a grant shall--
                    (A) maintain the recognized program for which the 
                grant is provided for not less than 10 years after the 
                date of the last receipt of a grant; and
                    (B) take steps described in the application for 
                funding the grant of the institution to increase the 
                number of undergraduate students enrolled in and 
                completing the recognized programs.
    (d) Consortia.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may make grants available under this section to consortia of 
        institutions to conduct projects of broad application that 
        could not otherwise be undertaken, including national and 
        regional projects in geology or geophysics and engineering as 
        applied to petroleum, geothermal, alternative energy, renewable 
        energy, mining, nuclear, and mineral processing or 
        beneficiation.
            (2) Requirement.--Grants made to a consortium under 
        paragraph (1) shall only be provided to a single eligible 
        institution with a recognized program, which shall be 
        responsible for distribution, monitoring, and reporting on the 
        activities of the consortium as required by the Secretary.

SEC. 205. GRANTS FOR SCHOLARSHIPS AND FELLOWSHIPS.

    (a) In General.--The Secretary shall provide grants to eligible 
institutions of higher education for the purpose of providing merit-
based scholarships for undergraduate education, graduate fellowships, 
and postdoctoral fellowships at the institutions.
    (b) Eligibility.--
            (1) In general.--To be eligible to receive a grant under 
        this section, an institution of higher education shall agree--
                    (A) to enforce the requirements of this section for 
                scholarship or fellowship students; and
                    (B) to return to the Secretary any funds recovered 
                from an individual under subsection (d)(2)(B).
            (2) Application.--An institution of higher education that 
        seeks a grant under this section shall describe, in the 
        application of the institution of higher education to the 
        Secretary--
                    (A) the number of students that would be awarded 
                scholarships or fellowships if the application is 
                approved;
                    (B) the manner in which the students would be 
                selected; and
                    (C) the manner in which the institution of higher 
                education would enforce this section.
    (c) Preference.--Scholarships and fellowships funded through grants 
under this section shall give a preference for veterans and service 
members who have received or will receive the Afghanistan Campaign 
Medal or the Iraq Campaign Medal as authorized by Public Law 108-234 
(118 Stat. 655), and Executive Order 13363 (69 Fed. Reg. 70175; 
relating to establishing the Afghanistan and Iraq Campaign Medals).
    (d) Requirements.--
            (1) In general.--To receive a scholarship or fellowship 
        funded through a grant under this section, an individual 
        shall--
                    (A) be a lawful permanent resident or citizen of 
                the United States;
                    (B) agree in writing to complete a course of 
                studies and receive a degree in petroleum, chemical, 
                mining, geological, geophysical, nuclear, or mineral 
                engineering, petroleum geology, geothermal geology, 
                mining and economic geology, petroleum and mining 
                geophysics, mineral economics, or alternative or 
                renewable energy in a recognized program; and
                    (C) agree to notify, through the institution of 
                higher education of the individual, the Secretary--
                            (i) of the progress of the individual 
                        towards completion of the course of studies; 
                        and
                            (ii) not later than 30 days after the date 
                        on which the individual is awarded a degree 
                        from the institution of higher education.
            (2) Retention.--
                    (A) In general.--To retain a scholarship or 
                fellowship funded through a grant under this section, 
                an individual shall--
                            (i) continue in 1 of the course of studies 
                        described in paragraph (1)(B);
                            (ii) remain in good academic standing and 
                        demonstrate satisfactory academic progress, as 
                        determined by the institution of higher 
                        education; and
                            (iii) allow for reinstatement of the 
                        scholarship or fellowship by the Secretary, 
                        upon the recommendation of the institution of 
                        higher education.
                    (B) Recovery of funds.--An institution of higher 
                education may recover remaining funds from a 
                scholarship or fellowship funded by a grant under this 
                section from an individual who fails to complete any of 
                the courses of study described in paragraph (1)(B) 
                after notice that completion is a requirement of 
                continued funding.
                    (C) Change of course.--An individual receiving a 
                scholarship or graduate fellowship funded by a grant 
                under this section may change courses of study and 
                continue receiving funding if the individual remains 
                within a course of study described in paragraph (1)(B).

SEC. 206. USE OF GRANT FUNDS BY INSTITUTIONS.

    (a) In General.--Each institution of higher education that receives 
a grant under this title shall--
            (1) have an officer appointed by the governing authority of 
        the institution of higher education who shall--
                    (A) receive and account for all grant funds 
                received under this title; and
                    (B) make an annual report to the Secretary on or 
                before the first day of September of each year, that--
                            (i) describes work accomplished and the 
                        status of projects underway; and
                            (ii) includes a detailed statement of the 
                        grant funds received under this title during 
                        the preceding fiscal year and of the 
                        disbursement of the grant funds on schedules 
                        prescribed by the Secretary;
            (2) submit to the Secretary detailed reports about projects 
        completed, in progress, or planned with grants made under this 
        title.
    (b) Matching Funds.--
            (1) In general.--Grants made under this title for basic 
        science and engineering studies and research, as determined by 
        the Secretary, shall not require additional participation by 
        funding partners.
            (2) Other grants.--All other grants for studies made under 
        this title--
                    (A) shall include participation by industry; and
                    (B) may include funding from other Federal 
                agencies.
    (c) Prohibitions.--
            (1) In general.--No funds made available under this title 
        may be applied to the acquisition by purchase or lease of any 
        land or interests in land, or the rental, purchase, 
        construction, preservation, or repair of any building.
            (2) Maintenance.--With the express approval of the 
        Secretary, funding made available under this title may be used 
        for proposals to maintain or upgrade existing laboratories and 
        laboratory equipment, but not for any university overhead 
        expenses.
    (d) Public Availability.--
            (1) In general.--All uses, products, processes, and other 
        developments resulting from any research, demonstration, or 
        experiment funded in whole or in part under this title shall be 
        made available promptly to the general public, subject to--
                    (A) any exceptions or limitations that the 
                Secretary may find necessary in the interest of 
                national security; and
                    (B) applicable Federal patent law.
            (2) Reports.--On not less than an annual basis, the 
        Secretary shall make available to the public reports submitted 
        under subsection (a)(2).

SEC. 207. CAREER TECHNICAL AND COMMUNITY COLLEGE EDUCATION.

    (a) In General.--The Secretary shall provide grants for the 
operation or development of programs in mining engineering technology, 
petroleum engineering technology, industrial engineering technology, 
industrial technology, alternative and renewable energy technology, 
electric power technology, extractive resources technology, and diesel 
power technology, construction, retrofitting, and design that--
            (1) are focused on technology and the use of technology in 
        energy and mineral production and related maintenance, 
        operational safety, or energy infrastructure protection and 
        security;
            (2) prepare students for advanced or supervisory roles in 
        the mining industry, the petroleum industry, or alternative and 
        renewable energy industry; and
            (3) grant an associate degree or a baccalaureate degree.
    (b) Vocational Programs.--
            (1) In general.--The Secretary shall provide grants for the 
        operation or development of programs, including joint 
        apprenticeship programs authorized by Federal law, programs at 
        institutions of higher education, secondary school vocational 
        education programs, or career academy programs, that provide 
        training for individuals seeking to enter the geothermal, 
        petroleum, mining, mineral mining, or alternative and renewable 
        energy industries.
            (2) Progressive career path.--The Secretary shall give 
        particular consideration to supporting programs that provide 
        training for a progressive career path in the industries 
        described in paragraph (1).
            (3) Essential support.--The Secretary may provide grants to 
        programs that grant degrees or certificates in programs that 
        provide training in disciplines that provide essential support 
        for the industries described in paragraph (1) or subsection 
        (c), even if the programs are not purposely designed to provide 
        personnel for those industries.
    (c) Other Programs.--The Secretary shall provide grants for the 
operation or development of programs of career technical education at a 
secondary school, offered cooperatively with a community college in 1 
of the industrial sectors of--
            (1) agriculture, forestry, or fisheries;
            (2) utilities, particularly power transmission and pipeline 
        construction and operations;
            (3) maintenance and maintenance logistics;
            (4) construction;
            (5) manufacturing;
            (6) transportation and warehousing;
            (7) industrial engineering and technology; or
            (8) energy and natural resources.
    (d) Requirements.--As a condition of receiving a grant under this 
section, an institution of higher education or other entity shall--
            (1) demonstrate to the satisfaction of the Secretary--
                    (A) an institutional commitment to career technical 
                education; and
                    (B) that the institution of higher education or 
                entity has received or will receive industry 
                cooperation in the form of equipment, employee time, or 
                donations of funds to support the activities that are 
                within the scope of this section; and
            (2) agree to maintain the programs for which the grant is 
        sought for a period of 10 years beginning on the date of 
        receipt of the funding, unless the Secretary finds that a 
        shorter period of time is appropriate for the local labor 
        market or is required by State authorities.
    (e) Use of Funds for Program Operation.--
            (1) Initial use.--An institution of higher education or 
        other entity that receives a grant under this section for the 
        operation of a program may initially only use the funds to 
        enhance the instructional skills of teachers through additional 
        training and necessary resources.
            (2) Equipment.--After teachers have achieved enhanced 
        skills and meet an appropriate standard as agreed to by local 
        authorities in consultation with the Secretary, grant funds 
        received under this section may be used to purchase classroom 
        and laboratory equipment.
    (f) Use of Funds for Program Development.--An institution of higher 
education or other entity that receives a grant under this section for 
the development of a new program shall use the grant--
            (1) to support the purchase of classroom and laboratory 
        equipment; and
            (2) to supplement teacher salaries to encourage the hiring 
        of highly qualified teachers.
    (g) Other Funding.--An institution of higher education or other 
entity that receives a grant under this section may combine the grant 
funds with State funds, and other Federal funds if allowed by law, to 
carry out programs described in this section, if the use of the funds 
is reported to the Secretary not less than annually.

SEC. 208. FUNDING.

    The Secretary shall use amounts from the American Renewable and 
Alternative Energy Trust Fund under section 101(b)(1)(Q) to carry out 
this title for each of fiscal years 2009 through 2019, to remain 
available until expended.

                     TITLE III--DOMESTIC PRODUCTION

                  Subtitle A--Outer Continental Shelf

SEC. 301. DISPOSITION OF RECEIPTS.

    (a) Definitions.--In this section:
            (1) Adjacent state.--The term ``Adjacent State'' means a 
        coastal State that--
                    (A) has a coastal seaward boundary that is within a 
                100 statute miles distance of the geographical center 
                of a leased tract in an outer Continental Shelf 
                planning area; and
                    (B) as of January 1, 2000, had no oil or natural 
                gas production within a 100 statute miles distance of 
                the geographical center of a leased tract in an outer 
                Continental Shelf planning area.
            (2) Coastal political subdivision.--The term ``coastal 
        political subdivision'', with respect to an Adjacent State, 
        means a county-equivalent subdivision of the Adjacent State all 
        or part of which--
                    (A) lies within the coastal zone (as defined in 
                section 304(1) of the Coastal Zone Management Act of 
                1972 (16 U.S.C. 1453(1)); and
                    (B) the closest point of which is not more than 100 
                statute miles from the geographical center of any 
                leased tract.
            (3) Distance.--The term ``distance'' means minimum great 
        circle distance.
            (4) Leased tract.--The term ``leased tract'' means a tract 
        leased under the Outer Continental Shelf Lands Act (43 U.S.C. 
        1331 et seq.) for the purpose of drilling for, developing, and 
        producing oil or natural gas resources.
            (5) Qualified outer continental shelf receipts.--
                    (A) In general.--The term ``qualified outer 
                Continental Shelf receipts'' means all amounts received 
                by the United States in the fiscal year immediately 
                following the fiscal year during which this Act is 
                enacted and each fiscal year thereafter--
                            (i) from each leased tract or portion of a 
                        leased tract, the geographical center of which 
                        lies within a distance of 100 statute miles 
                        from any part of the coastline of an Adjacent 
                        State, including bonus bids, rents, royalties 
                        (including the value of royalties taken in 
                        kind), net profit share payments, fees, and 
                        related late payment interest; and
                            (ii) from leases entered into on or after 
                        January 1, 2000.
                    (B) Exclusions.--The term ``qualified outer 
                Continental Shelf receipts'' does not include--
                            (i) receipts from the forfeiture of a bond 
                        or other surety securing obligations other than 
                        royalties, or civil penalties; or
                            (ii) receipts generated from leases subject 
                        to section 8(g) of the Outer Continental Shelf 
                        Lands Act (43 U.S.C. 1337(g)).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Disposition of Qualified Outer Continental Shelf Receipts From 
Outer Continental Shelf Oil and Gas Leasing Planning Areas.--
            (1) In general.--Notwithstanding section 9 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the 
        other provisions of this subsection, for each applicable fiscal 
        year, the Secretary of the Treasury shall deposit--
                    (A) 62.5 percent of qualified outer Continental 
                Shelf revenues in the miscellaneous receipts of the 
                Treasury; and
                    (B) 37.5 percent of qualified outer Continental 
                Shelf revenues in a special account in the Treasury 
                that the Secretary shall disburse to--
                            (i) Adjacent States; and
                            (ii) certain coastal political subdivisions 
                        of the Adjacent States.
            (2) Allocation among adjacent states and coastal political 
        subdivisions.--
                    (A) Allocation among adjacent states.--
                            (i) In general.--Effective for the fiscal 
                        year immediately following the fiscal year in 
                        which this Act is enacted and each fiscal year 
                        thereafter, the amount made available under 
                        paragraph (1)(B) shall be allocated by the 
                        Secretary to each Adjacent State in amounts 
                        (based on a formula established by the 
                        Secretary by regulation) that are inversely 
                        proportional to the respective distances 
                        between the point on the coastline of each 
                        Adjacent State that is closest to the 
                        geographical center of the applicable leased 
                        tract and the geographical center of the leased 
                        tract.
                            (ii) Single adjacent state.--If only 1 
                        Adjacent State is within 100 miles of the 
                        geographical center of a lease described in 
                        clause (i), the entire amount made available 
                        under paragraph (1)(B) from the lease shall be 
                        allocated to the Adjacent State.
                    (B) Allocation among coastal political subdivisions 
                of adjacent states.--
                            (i) In general.--The Secretary shall pay 40 
                        percent of the allocable share of each Adjacent 
                        State (as determined under subparagraph (A)) to 
                        certain coastal political subdivisions of the 
                        Adjacent State.
                            (ii) Allocation.--
                                    (I) In general.--For each leased 
                                tract that is used to calculate the 
                                allocation of an Adjacent State, the 
                                Secretary shall allocate funds to the 
                                coastal political subdivisions that are 
                                within 100 miles of the geographical 
                                center of the leased tract based on the 
                                relative distance of the coastal 
                                political subdivisions from the leased 
                                tract.
                                    (II) Distance.--For each coastal 
                                political subdivision described in 
                                subclause (I), the Secretary shall 
                                determine the distance between--
                                            (aa) the point on the 
                                        coastal political subdivision 
                                        coastline closest to the 
                                        geographical center of the 
                                        leased tract; and
                                            (bb) the geographical 
                                        center of the tract.
                                    (III) Inversely proportional 
                                allocation.--The Secretary shall divide 
                                and allocate the qualified outer 
                                Continental Shelf revenues derived from 
                                the leased tract among the coastal 
                                political subdivisions described in 
                                subclause (I) in amounts that are 
                                inversely proportional to the distances 
                                determined under subclause (II).
            (3) Timing.--The amounts required to be deposited under 
        paragraph (1)(B) for the applicable fiscal year shall be made 
        available in accordance with paragraph (1)(B) during the first 
        90 days of the fiscal year immediately following the applicable 
        fiscal year.
            (4) Authorized uses.--Each Adjacent State and coastal 
        political subdivision shall use all amounts received under 
        paragraph (2) in accordance with all applicable Federal and 
        State laws, only for 1 or more of the following purposes:
                    (A) Projects and activities for the purposes of 
                coastal protection (including conservation), coastal 
                restoration, storm protection, and infrastructure 
                directly affected by coastal wetland and tundra losses.
                    (B) Mitigation of damage to fish, wildlife, or 
                natural resources.
                    (C) Implementation of a federally approved marine, 
                coastal, or comprehensive conservation management plan.
                    (D) Mitigation of the impact of outer Continental 
                Shelf activities through the funding of onshore 
                infrastructure projects.
                    (E) Any other purpose authorized for the use of 
                those amounts under State law.
            (5) Limitations on amount of distributed qualified outer 
        continental shelf receipts.--The total amount of qualified 
        outer Continental Shelf receipts made available under paragraph 
        (1)(B) to an Adjacent State and coastal political subdivisions 
        of the Adjacent State shall not exceed $500,000,000 for each 
        fiscal year (in 2008 dollars), as adjusted for inflation.
            (6) American renewable and alternative energy trust fund.--
        Of the amounts of qualified outer Continental Shelf revenues 
        described in paragraph (1)(A), 90 percent of the amounts shall 
        be deposited in the American Renewable and Alternative Energy 
        Trust Fund established by section 101.

SEC. 302. LEASING PROGRAM CONSIDERED APPROVED.

    (a) In General.--The Draft Proposed Outer Continental Shelf Oil and 
Gas Leasing Program 2010-2015 issued 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.
    (b) Completion and Review of Environmental Impact Statements.--
            (1) Completion.--
                    (A) In general.--Notwithstanding any other 
                provision of law, each review carried out in accordance 
                with the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for the program described in 
                subsection (a) shall be completed not later than 270 
                days after the date of enactment of this Act.
                    (B) Failure to complete review.--If a review 
                described in subparagraph (A) has not been completed 
                for an action subject to the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the date 
                specified in subparagraph (A)--
                            (i) the action shall be considered to have 
                        no significant impact to the human environment 
                        for purposes of the Act (42 U.S.C. 4321 et 
                        seq.); and
                            (ii) that classification shall be 
                        considered to be a final agency action.
            (2) Lead agency.--The lead agency for a review of an action 
        under this subsection shall be the Federal agency to which 
        funds are made available for the action.
            (3) Review.--
                    (A) Judicial review.--
                            (i) In general.--Judicial review of the 
                        final agency decision after exhaustion of 
                        administrative remedies shall lie with the 
                        United States Court of Appeals for the District 
                        of Columbia Circuit.
                            (ii) Administrative record.--An appeal to 
                        the court described in clause (i) shall be 
                        based only on the administrative record.
                            (iii) Pendency of judicial review.--After 
                        an agency has made a final decision with 
                        respect to a review carried out under this 
                        subsection, the decision shall be effective 
                        during the course of any subsequent appeal to a 
                        court described in clause (i).
                    (B) Civil action.--Each civil action covered by 
                this subsection shall be considered to arise under the 
                laws of the United States.

SEC. 303. OUTER CONTINENTAL SHELF LEASE SALES.

    (a) Requirement To Conduct Lease Sales.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 1 year after the date of enactment of this Act and 
        annually thereafter, the Secretary of the Interior (referred to 
        in this section as the ``Secretary'') shall conduct at least 1 
        lease sale in an Atlantic Planning Area, 1 lease sale in the 
        Pacific Planning Area, 1 lease sale in the Alaska Planning 
        Area, and 3 lease sales in a Gulf of Mexico Planning Area for 
        which the Secretary determines that there is a commercial 
        interest in purchasing Federal oil and gas leases for 
        production on the outer Continental Shelf.
            (2) 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--
                    (A) determine whether there is a commercial 
                interest in purchasing Federal oil and gas leases for 
                production on the outer Continental Shelf in the 
                planning area; and
                    (B) if the Secretary determines that there is a 
                commercial interest described in subparagraph (A), 
                conduct a lease sale in the planning area.
    (b) Leasing Plan.--Any areas made available for leasing under 
subsection (a) shall be offered for lease under this section 
notwithstanding the omission of any of the applicable area from the 
applicable 5-year plan developed by the Secretary pursuant to section 
18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344).

SEC. 304. REPEAL OF THE GULF OF MEXICO ENERGY SECURITY ACT OF 2006.

    The Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 
note; Public Law 109-432) is repealed.

              Subtitle B--Arctic National Wildlife Refuge

SEC. 331. SHORT TITLE.

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

SEC. 332. DEFINITIONS.

    In this subtitle:
            (1) Coastal plain.--The term ``Coastal Plain'' means the 
        area described in appendix I to part 37 of title 50, Code of 
        Federal Regulations, as in effect on July 14, 2008, popularly 
        known as the ``Coastal Plain of the Arctic National Wildlife 
        Refuge''.
            (2) Federal agreement.--The term ``Federal Agreement'' 
        means the Federal Agreement and Grant Right-of-Way for the 
        Trans-Alaska Pipeline issued on January 23, 1974, in accordance 
        with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and 
        the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et 
        seq.).
            (3) Final statement.--The term ``Final Statement'' means 
        the final legislative environmental impact statement on the 
        Coastal Plain, dated April 1987, and prepared pursuant to--
                    (A) section 1002 of the Alaska National Interest 
                Lands Conservation Act (16 U.S.C. 3142); and
                    (B) section 102(2)(C) of the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior (or the designee of the Secretary), acting 
        through the Director of the Bureau of Land Management, in 
        consultation with the Director of the United States Fish and 
        Wildlife Service.

SEC. 333. LEASING PROGRAM FOR LAND 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, 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 this subtitle through regulations, lease 
        terms, conditions, restrictions, prohibitions, stipulations, 
        and other provisions that--
                    (A) 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, fish and wildlife habitat, 
                subsistence resources, and the environment; and
                    (B) require 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 of Prohibition.--
            (1) In general.--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 contained 
        in section 1 of the Alaska National Interest Lands Conservation 
        Act of 1980 (16 U.S.C. prec. 3143) 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.)--
                    (A) the oil and gas leasing program and activities 
                authorized by this section in the Coastal Plain shall 
                be considered to be compatible with the purposes for 
                which the Arctic National Wildlife Refuge was 
                established; and
                    (B) no further findings or decisions shall be 
                required to implement that program and those 
                activities.
            (2) Adequacy of doi legislative environmental impact 
        statement.--The Final Statement shall be considered to satisfy 
        the requirements of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) 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.--
                    (A) In general.--Before conducting the first lease 
                sale under this subtitle, the Secretary shall prepare 
                an environmental impact statement in accordance with 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) with respect to the actions 
                authorized by this subtitle that are not referred to in 
                paragraph (2).
                    (B) Identification and analysis.--Notwithstanding 
                any other provision of law, in carrying out this 
                paragraph, the Secretary shall not be required--
                            (i) to identify nonleasing alternative 
                        courses of action; or
                            (ii) to analyze the environmental effects 
                        of those courses of action.
                    (C) Identification of preferred action.--Not later 
                than 18 months after the date of enactment of this Act, 
                the Secretary shall--
                            (i) identify only a preferred action and a 
                        single leasing alternative for the first lease 
                        sale authorized under this subtitle; and
                            (ii) analyze the environmental effects and 
                        potential mitigation measures for those 2 
                        alternatives.
                    (D) Public comments.--In carrying out this 
                paragraph, the Secretary shall consider only public 
                comments that are filed not later than 20 days after 
                the date of publication of a draft environmental impact 
                statement.
                    (E) Effect of compliance.--Notwithstanding any 
                other provision of law, compliance with this paragraph 
                shall be considered 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 expands or limits State or local regulatory authority.
    (e) Special Areas.--
            (1) Designation.--
                    (A) In general.--The Secretary, after consultation 
                with the State of Alaska, the North Slope Borough, 
                Alaska, and the City of Kaktovik, Alaska, may designate 
                not more than 45,000 acres of the Coastal Plain as a 
                special area if the Secretary determines that the 
                special area would be of such unique character and 
                interest as to require special management and 
                regulatory protection.
                    (B) Sadlerochit spring area.--The Secretary shall 
                designate as a special area in accordance with 
                subparagraph (A) the Sadlerochit Spring area, 
                comprising approximately 4,000 acres as depicted on the 
                map.
            (2) Management.--The Secretary shall manage each special 
        area designated under this subsection in a manner that 
        preserves the unique and diverse character of the area, 
        including fish, wildlife, subsistence resources, and cultural 
        values of the area.
            (3) Exclusion from leasing or surface occupancy.--
                    (A) In general.--The Secretary may exclude any 
                special area designated under this subsection from 
                leasing.
                    (B) No surface occupancy.--If the Secretary leases 
                all or a portion of a special area for the purposes of 
                oil and gas exploration, development, production, and 
                related activities, there shall be no surface occupancy 
                of the land comprising the special area.
            (4) Directional drilling.--Notwithstanding any other 
        provision 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 may not close land 
within the Coastal Plain to oil and gas leasing or to exploration, 
development, or production except in accordance with this subtitle.
    (g) Regulations.--
            (1) In general.--Not later than 15 months after the date of 
        enactment of this Act, the Secretary shall promulgate such 
        regulations as are necessary to carry out this subtitle, 
        including rules and regulations relating to protection of the 
        fish and wildlife, fish and wildlife habitat, subsistence 
        resources, and environment of the Coastal Plain.
            (2) Revision of regulations.--The Secretary shall 
        periodically review and, as appropriate, revise the rules and 
        regulations issued under paragraph (1) to reflect any 
        significant biological, environmental, scientific or 
        engineering data that come to the attention of the Secretary.

SEC. 334. LEASE SALES.

    (a) In General.--Land 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 that 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.--For 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) not later than 22 months after the date of enactment of 
        this Act, conduct the first lease sale under this subtitle;
            (2) not later than 90 days after the date of the completion 
        of the sale, evaluate the bids in the sale and issue leases 
        resulting from the sale; and
            (3) conduct additional sales at appropriate intervals if 
        sufficient interest in exploration or development exists to 
        warrant the conduct of the additional sales.

SEC. 335. GRANT OF LEASES BY THE SECRETARY.

    (a) In General.--On payment by a lessee of such bonus as may be 
accepted by the Secretary, the Secretary may grant to the highest 
responsible qualified bidder in a lease sale conducted pursuant to 
section 334 a lease for any land on the Coastal Plain.
    (b) Subsequent Transfers.--
            (1) In general.--No lease issued under this subtitle may be 
        sold, exchanged, assigned, sublet, or otherwise transferred 
        except with the approval of the Secretary.
            (2) Condition for approval.--Before granting any approval 
        described in paragraph (1), the Secretary shall consult with 
        and give due consideration to the opinion of the Attorney 
        General.

SEC. 336. LEASE TERMS AND CONDITIONS.

    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 of the amount or value of the production 
        removed or sold from the lease, as determined by the Secretary 
        in accordance with regulations applicable to other Federal oil 
        and gas leases;
            (2) provide that the Secretary may close, on a seasonal 
        basis, such portions of the Coastal Plain to exploratory 
        drilling activities as are necessary to protect caribou calving 
        areas and other species of fish and wildlife;
            (3) require that each lessee of land within the Coastal 
        Plain shall be fully responsible and liable for the reclamation 
        of land within the Coastal Plain and any other Federal land 
        that is adversely affected in connection with exploration, 
        development, production, or transportation activities within 
        the Coastal Plain conducted 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, that reclamation responsibility and 
        liability to another person without the express written 
        approval of the Secretary;
            (5) provide that the standard of reclamation for land 
        required to be reclaimed under this subtitle shall be, to the 
        maximum extent practicable--
                    (A) a condition capable of supporting the uses that 
                the land was capable of supporting prior to any 
                exploration, development, or production activities; or
                    (B) on application by the lessee, to a higher or 
                better standard, as approved by the Secretary;
            (6) contain terms and conditions relating to protection of 
        fish and wildlife, fish and wildlife habitat, subsistence 
        resources, and the environment as required under section 
        333(a)(2);
            (7) provide that each lessee, and each agent and contractor 
        of a lessee, use their best efforts to provide a fair share of 
        employment and contracting for Alaska Natives and Alaska Native 
        Corporations from throughout the State of Alaska, as determined 
        by the level of obligation previously agreed to in the Federal 
        Agreement;
            (8) prohibit the export of oil produced under the lease; 
        and
            (9) contain such other provisions as the Secretary 
        determines to be necessary to ensure compliance with this 
        subtitle and the regulations promulgated under this subtitle.

SEC. 337. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

    (a) No Significant Adverse Effect Standard To Govern Authorized 
Coastal Plain Activities.--In accordance with section 333, the 
Secretary shall administer this subtitle through regulations, lease 
terms, conditions, restrictions, prohibitions, stipulations, or other 
provisions that--
            (1) ensure, to the maximum extent practicable, that oil and 
        gas exploration, development, and production activities on the 
        Coastal Plain will result in no significant adverse effect on 
        fish and wildlife, fish and wildlife 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 surface acreage covered in 
        connection with the leasing program 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 
require, with respect to any proposed drilling and related activities 
on the Coastal Plain, 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, fish and wildlife habitat, 
        subsistence resources, subsistence uses, and the environment;
            (2) a plan be implemented to avoid, minimize, and mitigate 
        (in that order and to the maximum extent practicable) any 
        significant adverse effect identified under paragraph (1); and
            (3) the development of the plan shall occur after 
        consultation with the 1 or more 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 issue regulations, lease terms, conditions, restrictions, 
prohibitions, stipulations, or other measures designed to ensure, to 
the maximum extent practicable, that the activities carried out 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--
            (1) compliance with all applicable provisions of Federal 
        and State environmental law (including regulations);
            (2) implementation of and compliance with--
                    (A) standards that are at least as effective as the 
                safety and environmental mitigation measures, as 
                described in items 1 through 29 on pages 167 through 
                169 of the Final Statement, on the Coastal Plain; and
                    (B) seasonal limitations on exploration, 
                development, and related activities, as necessary, to 
                avoid significant adverse effects during periods of 
                concentrated fish and wildlife breeding, denning, 
                nesting, spawning, and migration;
            (3) that exploration activities (except surface geological 
        studies) be limited to the period between approximately 
        November 1 and May 1 of each year and be supported, if 
        necessary, by ice roads, winter trails with adequate snow 
        cover, ice pads, ice airstrips, and air transport methods 
        (except that those exploration activities may be permitted at 
        other times if the Secretary determines that the exploration 
        will have no significant adverse effect on fish and wildlife, 
        fish and wildlife 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 practicable, 
                adverse effects on the passage of migratory species 
                such as caribou; and
                    (B) minimize adverse effects on 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 described in this subtitle, 
        requiring the removal from the Coastal Plain of all oil and gas 
        development and production facilities, structures, and 
        equipment on 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)(A) avoidance, to the maximum extent practicable, of 
        springs, streams, and river system;
            (B) the protection of natural surface drainage patterns, 
        wetland, and riparian habitats; and
            (C) the regulation of methods or techniques for developing 
        or transporting adequate supplies of water for exploratory 
        drilling;
            (12) the 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, in accordance with 
        applicable Federal and State environmental laws (including 
        regulations)--
                    (A) preparation of an annual waste management 
                report;
                    (B) development and implementation of a hazardous 
                materials tracking system; and
                    (C) prohibition on the use of chlorinated solvents;
            (14) fuel storage and oil spill contingency planning;
            (15) research, monitoring, and reporting stipulations;
            (16) conduct of periodic field crew environmental 
        briefings;
            (17) avoidance of significant adverse effects on 
        subsistence hunting, fishing, and trapping;
            (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; and
            (21) development and implementation of such other 
        protective environmental requirements, restrictions, terms, or 
        conditions as the Secretary determines to be necessary.
    (e) Considerations.--In preparing and issuing regulations, lease 
terms, conditions, restrictions, prohibitions, or stipulations under 
this section, the Secretary shall take into consideration--
            (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 through 37.33 of title 50, Code of Federal 
        Regulations (or successor regulations); and
            (3) the land use stipulations for exploratory drilling on 
        the KIC-ASRC private land described in Appendix 2 of the 
        agreement between Arctic Slope Regional Corporation and the 
        United States dated August 9, 1983.
    (f) Facility Consolidation Planning.--
            (1) In general.--After providing for public notice and 
        comment, the Secretary shall prepare and periodically update a 
        plan to govern, guide, and direct the siting and construction 
        of facilities for the exploration, development, production, and 
        transportation of oil and gas resources from the Coastal Plain.
            (2) Objectives.--The objectives of the plan shall be--
                    (A) the avoidance of unnecessary duplication of 
                facilities and activities;
                    (B) the encouragement of consolidation of common 
                facilities and activities;
                    (C) the location or confinement of facilities and 
                activities to areas that will minimize impact on fish 
                and wildlife, fish and wildlife habitat, subsistence 
                resources, and the environment;
                    (D) the use of existing facilities, to the maximum 
                extent practicable; and
                    (E) the enhancement of compatibility between 
                wildlife values and development activities.
    (g) Access to Public Land.--The Secretary shall--
            (1) manage public land in the Coastal Plain in accordance 
        with 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 land in the Coastal Plain for traditional 
        uses.

SEC. 338. EXPEDITED JUDICIAL REVIEW.

    (a) Filing of Complaints.--
            (1) Deadline.--A complaint seeking judicial review of a 
        provision of this subtitle or an action of the Secretary under 
        this subtitle shall be filed--
                    (A) except as provided in subparagraph (B), during 
                the 90-day period beginning on the date on which the 
                action being challenged was carried out; or
                    (B) in the case of a complaint based solely on 
                grounds arising after the 90-day period described in 
                subparagraph (A), by not later than 90 days after the 
                date on which the complainant knew or reasonably should 
                have known about the grounds for the complaint.
            (2) Venue.--A complaint seeking judicial review of a 
        provision of this subtitle or an action of the Secretary under 
        this subtitle shall be filed in the United States Court of 
        Appeals for the District of Columbia Circuit.
            (3) Scope.--
                    (A) In general.--Judicial review of a decision of 
                the Secretary relating to a lease sale under this 
                subtitle (including an environmental analysis of such a 
                lease sale) shall be--
                            (i) limited to a review of whether the 
                        decision is in accordance with this subtitle; 
                        and
                            (ii) based on the administrative record of 
                        the decision.
                    (B) Presumptions.--Any identification by the 
                Secretary of a preferred course of action relating to a 
                lease sale, and any analysis by the Secretary of 
                environmental effects, under this subtitle shall be 
                presumed to be correct unless proven otherwise by clear 
                and convincing evidence.
    (b) Limitation on Other Review.--Any action of the Secretary that 
is subject to judicial review under this section shall not be subject 
to judicial review in any civil or criminal proceeding for enforcement.

SEC. 339. 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 for each 
fiscal year--
            (1) 50 percent shall be paid to the State of Alaska; and
            (2) except as otherwise provided in this Act, 90 percent of 
        the balance shall be deposited into the American Renewable and 
        Alternative Energy Trust Fund established by section 101.
    (b) Payments to Alaska.--Payments to the State of Alaska under this 
section shall be made semiannually.

SEC. 340. 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 
        (16 U.S.C. 3161 et seq.); and
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170, 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 333(g) provisions granting rights-of-way and easements 
described in subsection (a).

SEC. 341. CONVEYANCE.

    Notwithstanding section 1302(h)(2) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on 
title to land, and to clarify land ownership patterns in the Coastal 
Plain, the Secretary shall--
            (1) to the extent necessary to fulfill the entitlement of 
        the Kaktovik Inupiat Corporation under sections 12 and 14 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), 
        as determined by the Secretary, convey to that Corporation the 
        surface estate of the land described in paragraph (1) of Public 
        Land Order 6959, in accordance with the terms and conditions of 
        the agreement between the Secretary, the United States Fish and 
        Wildlife Service, the Bureau of Land Management, and the 
        Kaktovik Inupiat Corporation, dated January 22, 1993; and
            (2) convey to the Arctic Slope Regional Corporation the 
        remaining subsurface estate to which that Corporation is 
        entitled under the agreement between that corporation and the 
        United States, dated August 9, 1983.

SEC. 342. 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).
            (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--
            (1) to plan for mitigation, implement a mitigation plan, or 
        maintain a mitigation project to address the potential effects 
        of oil and gas exploration and development on environmental, 
        social, cultural, recreational, and subsistence resources of 
        the community;
            (2) to develop, carry out, and maintain--
                    (A) a project to provide new or expanded public 
                facilities; or
                    (B) services to address the needs and problems 
                associated with the effects described in paragraph (1), 
                including firefighting, police, water and waste 
                treatment, first responder, and other medical services; 
                and
            (3) to establish a local coordination office, to be managed 
        by the Mayor of the North Slope Borough, in coordination with 
        the City of Kaktovik, Alaska--
                    (A) to coordinate with and advise developers on 
                local conditions and the history of areas affected by 
                development; and
                    (B) to provide to the Committee on Resources of the 
                House of Representatives and the Committee on Energy 
                and Natural Resources of the Senate annual reports on 
                the status of the coordination between developers and 
                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'' 
        (referred to in this section as the ``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.--There is authorized to be 
appropriated to the Secretary from the Fund to provide financial 
assistance under this section $5,000,000 for each fiscal year.

                         Subtitle C--Oil Shale

SEC. 351. LEASING OF OIL SHALE RESOURCES.

    The Secretary of the Interior shall--
            (1) offer for leasing for research and development of oil 
        shale resources under subsection (c) of the Oil Shale, Tar 
        Sands, and Other Strategic Unconventional Fuels Act of 2005 (42 
        U.S.C. 15927(c)), any additional 160-acre tracts of land that 
        the Secretary determines to be necessary to fulfill the 
        research and development objectives of that Act; and
            (2) offer for leasing for commercial exploration, 
        development, and production of oil shale resources under 
        subsection (e) of the Oil Shale, Tar Sands, and Other Strategic 
        Unconventional Fuels Act of 2005 (42 U.S.C. 15927(e)), public 
        land in States for which the Secretary finds sufficient support 
        and interest as required by that subsection.

                    TITLE IV--ENERGY INFRASTRUCTURE

                        Subtitle A--Transmission

SEC. 401. NATURAL GAS PIPELINE INTEGRITY REASSESSMENT INTERVALS BASED 
              ON RISK.

    (a) In General.--Section 60109(c)(3)(B) of title 49, United States 
Code, is amended by inserting ``, until the date on which the Secretary 
promulgates regulations basing the reassessment intervals on technical 
data, risk factors, and engineering analyses, consistent with the 
recommendations of the Comptroller General of the United States 
contained in the report numbered 06-945'' before the period at the end.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect on the date of enactment of this Act.

        Subtitle B--Small Refinery Study and Temporary Exemption

SEC. 411. SMALL REFINERY STUDY AND TEMPORARY EXEMPTION.

    Section 211(o)(9)(A) of the Clean Air Act (42 U.S.C. 7545(o)(9)(A)) 
is amended--
            (1) in clause (i), by striking ```calendar year 2011''' and 
        inserting ```calendar year 2015'''; and
            (2) in clause (ii), by striking subclause (I) and inserting 
        the following
                                    ``(I) Study.--Not later than 
                                December 31, 2012, the Secretary of 
                                Energy, in consultation with States and 
                                stakeholders (including small 
                                refineries), shall conduct a study--
                                            ``(aa) to evaluate the 
                                        economic viability of small 
                                        refineries in the United 
                                        States;
                                            ``(bb) to evaluate the cost 
                                        of compliance with the 
                                        requirements of paragraph (2) 
                                        for small refineries in the 
                                        United States;
                                            ``(cc) to determine whether 
                                        compliance would impose an 
                                        economic hardship on small 
                                        refineries; and
                                            ``(dd) to assess the impact 
                                        on availability and prices of 
                                        gas for consumers in areas with 
                                        small refineries.''.

     TITLE V--REDUCING GOVERNMENT RED TAPE AND EXCESSIVE LITIGATION

SEC. 501. ALASKA OFFSHORE CONTINENTAL SHELF COORDINATION OFFICE.

    (a) Establishment.--The Secretary of the Interior, in coordination 
with the Mayor of the North Slope Borough of Alaska, shall establish 
and maintain in the Department of the Interior a separate office, to be 
known as the ``Alaska Offshore Continental Shelf Coordination Office''.
    (b) Duties.--The Alaska Offshore Continental Shelf Coordination 
Office shall--
            (1) coordinate leasing of the outer Continental Shelf off 
        the coast of Alaska;
            (2) advise persons awarded leases of the outer Continental 
        Shelf off the coast of Alaska regarding local conditions and 
        history of areas affected by development of the oil and gas 
        resources of that area of the outer Continental Shelf;
            (3) provide to the Committee on Natural Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate annual reports describing the 
        status of coordination between the Office and the communities 
        affected by development of the outer Continental Shelf off the 
        coast of Alaska;
            (4) collect from residents of the North Slope region of 
        Alaska information regarding the impacts of that development on 
        marine wildlife, coastal habitats, marine and coastal 
        subsistence resources, and the marine and coastal environment 
        of the region; and
            (5) ensure that the information collected under paragraph 
        (4) is submitted to--
                    (A) developers of resources in the North Slope 
                region; and
                    (B) appropriate Federal departments and agencies.

SEC. 502. CLEAN AIR REGULATION.

    (a) Definition of Air Pollutant.--Section 302(g) of the Clean Air 
Act (42 U.S.C. 7602(g)) is amended--
            (1) by striking ``(g) The term'' and inserting the 
        following:
    ``(g) Air Pollutant.--
            ``(1) In general.--The term'';
            (2) in the second sentence, by striking ``Such term'' and 
        inserting the following:
            ``(2) Inclusions.--The term `air pollutant'''; and
            (3) by adding at the end the following:
            ``(3) Exclusions.--The term `air pollutant' does not 
        include--
                    ``(A) carbon dioxide;
                    ``(B) methane from agriculture or livestock; or
                    ``(C) water vapor.''.
    (b) State Standards.--The Administrator of the Environmental 
Protection Agency shall not provide to any State a waiver under section 
209(b) of the Clean Air Act (42 U.S.C. 7543(b)) for preemption under 
that Act of any regulation of the State to control greenhouse gas 
emissions from motor vehicles.

SEC. 503. ENDANGERED SPECIES.

    (a) Emergencies.--Section 10 of the Endangered Species Act of 1973 
(16 U.S.C. 1539) is amended by adding at the end the following:
    ``(k) Emergencies.--On the declaration of an emergency by the 
Governor of a State, the Secretary, for the duration of the emergency, 
shall temporarily exempt from the prohibition against taking and the 
prohibition against the adverse modification of critical habitat under 
this Act any action that is reasonably necessary to avoid or ameliorate 
the impact of the emergency, including the operation of any water 
supply or flood control project by a Federal agency.''.
    (b) Prohibition of Consideration of Impact of Greenhouse Gas.--
            (1) In general.--The Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) is amended by adding at the end the 
        following:

``SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF GREENHOUSE GAS.

    ``(a) Definition of Greenhouse Gas.--In this section, the term 
`greenhouse gas' means any of--
            ``(1) carbon dioxide;
            ``(2) methane;
            ``(3) nitrous oxide;
            ``(4) sulfur hexafluoride;
            ``(5) a hydrofluorocarbon;
            ``(6) a perfluorocarbon; or
            ``(7) any other anthropogenic gas designated by the 
        Secretary for purposes of this section.
    ``(b) Impact of Greenhouse Gas.--The impact of a greenhouse gas on 
any species of fish, wildlife, or plant shall not be considered for any 
purpose in the implementation of this Act.''.
            (2) Conforming amendment.--The table of contents of the 
        Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is 
        amended by adding at the end the following:

``Sec. 18. Annual cost analysis by the Fish and Wildlife Service.
``Sec. 19. Prohibition of consideration of impact of greenhouse gas.''.

SEC. 504. MINERALS MANAGEMENT SERVICE.

    Title III of the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1751 et seq.) is amended by adding at the end the following:

``SEC. 310. MINERALS MANAGEMENT SERVICE.

    ``Any Director of the Minerals Management Service shall be 
appointed by the President, by and with the advice and consent of the 
Senate.''.

SEC. 505. COMPLETION AND REVIEW OF ENVIRONMENTAL IMPACT STATEMENTS.

    (a) Completion.--
            (1) In general.--Notwithstanding any other provision of 
        law, each review carried out in accordance with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
        any project carried out under this Act shall be completed not 
        later than 270 days after the date on which the conduct of the 
        project is initiated.
            (2) Failure to complete review.--If a review described in 
        paragraph (1) has not been completed for an action subject to 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.) by the date specified in paragraph (1)--
                    (A) the action shall be considered to have no 
                significant impact to the human environment for 
                purposes of the Act (42 U.S.C. 4321 et seq.); and
                    (B) that classification shall be considered to be a 
                final agency action.
    (b) Lead Agency.--The lead agency for a review of an action under 
this section shall be the Federal agency to which funds are made 
available for the action.
    (c) Review.--
            (1) Administrative appeals.--There shall be a single 
        administrative appeal for each review carried out pursuant to 
        this section.
            (2) Judicial review.--
                    (A) In general.--On resolution of the 
                administrative appeal, judicial review of the final 
                agency decision after exhaustion of administrative 
                remedies shall lie with the United States Court of 
                Appeals for the District of Columbia Circuit.
                    (B) Administrative record.--An appeal to the court 
                described in subparagraph (A) shall be based only on 
                the administrative record.
                    (C) Pendency of judicial review.--After an agency 
                has made a final decision with respect to a review 
                carried out under this section, the decision shall be 
                effective during the course of any subsequent appeal to 
                a court described in subparagraph (A).
            (3) Civil action.--Each civil action covered by this 
        section shall be considered to arise under the laws of the 
        United States.

                 TITLE VI--CONSERVATION AND EFFICIENCY

                     Subtitle A--New Source Review

SEC. 601. CLARIFYING NEW SOURCE REVIEW REQUIREMENTS.

    Notwithstanding any other provision of law, routine maintenance and 
repair at a facility, and the replacement of equipment at a facility in 
accordance with such requirements as the Administrator of the 
Environmental Protection Agency shall specify, shall not constitute a 
modification of an existing source requiring compliance with new source 
review requirements under parts C and D of title I of the Clean Air Act 
(42 U.S.C. 7470 et seq.).

             Subtitle B--Clean Coal Alternative Transition

SEC. 611. CARBON DIOXIDE STORAGE CAPACITY ASSESSMENT.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Assessment.--The term ``assessment'' means the national 
        assessment of capacity for carbon dioxide completed under 
        subsection (f).
            (3) Capacity.--The term ``capacity'' means the portion of a 
        storage formation that can retain carbon dioxide in accordance 
        with the requirements (including physical, geological, and 
        economic requirements) established under the methodology 
        developed under subsection (b).
            (4) Engineered hazard.--The term ``engineered hazard'' 
        includes the location and completion history of any well that 
        could affect potential storage.
            (5) Risk.--The term ``risk'' includes any risk posed by 
        geomechanical, geochemical, hydrogeological, structural, and 
        engineered hazards.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (7) Storage formation.--The term ``storage formation'' 
        means a deep saline formation, unmineable coal seam, or oil or 
        gas reservoir that is capable of accommodating a volume of 
        industrial carbon dioxide.
    (b) Methodology.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall develop a methodology for conducting 
an assessment under subsection (f), taking into consideration--
            (1) the geographical extent of all potential storage 
        formations in all States;
            (2) the capacity of the potential storage formations;
            (3) the injectivity of the potential storage formations;
            (4) an estimate of potential volumes of oil and gas 
        recoverable by injection and storage of industrial carbon 
        dioxide in potential storage formations;
            (5) the risk associated with the potential storage 
        formations; and
            (6) the Carbon Sequestration Atlas of the United States and 
        Canada that was completed by the Department of Energy in April 
        2006.
    (c) Coordination.--
            (1) Federal coordination.--
                    (A) Consultation.--The Secretary shall consult with 
                the Secretary of Energy and the Administrator on issues 
                of data sharing, format, development of the methodology 
                under subsection (b), and content of the assessment 
                required under this title to ensure the maximum 
                usefulness and success of the assessment.
                    (B) Cooperation.--The Secretary of Energy and the 
                Administrator shall cooperate with the Secretary to 
                ensure, to the maximum extent practicable, the 
                usefulness and success of the assessment.
            (2) State coordination.--The Secretary shall consult with 
        State geological surveys and other relevant entities to ensure, 
        to the maximum extent practicable, the usefulness and success 
        of the assessment.
    (d) External Review and Publication.--On completion of the 
methodology under subsection (b), the Secretary shall--
            (1) publish the methodology and solicit comments from the 
        public and the heads of affected Federal and State agencies;
            (2) establish a panel of individuals with expertise in the 
        matters described in paragraphs (1) through (5) of subsection 
        (b) that is composed, as appropriate, of representatives of 
        Federal agencies, institutions of higher education, 
        nongovernmental organizations, State organizations, industry, 
        and international geoscience organizations to review the 
        methodology and comments received under paragraph (1); and
            (3) on completion of the review under paragraph (2), 
        publish in the Federal Register the revised final methodology.
    (e) Periodic Updates.--The methodology developed under this section 
shall be updated periodically (including at least once every 5 years) 
to incorporate new data as the data become available.
    (f) National Assessment.--
            (1) In general.--Not later than 2 years after the date of 
        publication of the methodology under subsection (d)(1), the 
        Secretary, in consultation with the Secretary of Energy and 
        State geological surveys, shall complete a national assessment 
        of capacity for carbon dioxide in accordance with the 
        methodology.
            (2) Geological verification.--As part of the assessment 
        under this subsection, the Secretary shall carry out a drilling 
        program to supplement the geological data relevant to 
        determining storage capacity of carbon dioxide in geological 
        storage formations, including--
                    (A) well log data;
                    (B) core data; and
                    (C) fluid sample data.
            (3) Partnership with other drilling programs.--As part of 
        the drilling program under paragraph (2), the Secretary shall 
        enter, as appropriate, into partnerships with other entities to 
        collect and integrate data from other drilling programs 
        relevant to the storage of carbon dioxide in geological 
        formations.
            (4) Incorporation into natcarb.--
                    (A) In general.--On completion of the assessment, 
                the Secretary of Energy shall incorporate the results 
                of the assessment using the NatCarb database, to the 
                maximum extent practicable.
                    (B) Ranking.--The database shall include the data 
                necessary to rank potential storage sites for capacity 
                and risk, across the United States, within each State, 
                by formation, and within each basin.
            (5) Report.--Not later than 180 days after the date on 
        which the assessment is completed, the Secretary shall submit 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Science and Technology of the House of 
        Representatives a report describing the findings under the 
        assessment.
            (6) Periodic updates.--The national assessment developed 
        under this section shall be updated periodically (including at 
        least once every 5 years) to support public and private sector 
        decisionmaking.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for the period of 
fiscal years 2010 through 2014.

                       TITLE VII--TAX PROVISIONS

SEC. 701. AMENDMENT OF 1986 CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Internal Revenue Code of 
1986.

                       Subtitle A--Nuclear Energy

SEC. 711. ASME NUCLEAR CERTIFICATION CREDIT.

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

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

    ``(a) In General.--For purposes of section 38, the ASME Nuclear 
Certification credit determined under this section for any taxable year 
is an amount equal to 15 percent of the qualified nuclear expenditures 
paid or incurred by the taxpayer.
    ``(b) Qualified Nuclear Expenditures.--For purposes of this 
section, the term `qualified nuclear expenditures' means any 
expenditure related to--
            ``(1) obtaining a certification under the American Society 
        of Mechanical Engineers Nuclear Component Certification 
        program, or
            ``(2) increasing the taxpayer's capacity to construct, 
        fabricate, assemble, or install components--
                    ``(A) for any facility which uses nuclear energy to 
                produce electricity, and
                    ``(B) with respect to the construction, 
                fabrication, assembly, or installation of which the 
                taxpayer is certified under such program.
    ``(c) Timing of Credit.--The credit allowed under subsection (a) 
for any expenditures shall be allowed--
            ``(1) in the case of a qualified nuclear expenditure 
        described in subsection (b)(1), for the taxable year of such 
        certification, and
            ``(2) in the case of any other qualified nuclear 
        expenditure, for the taxable year in which such expenditure is 
        paid or incurred.
    ``(d) Special Rules.--
            ``(1) Basis adjustment.--For purposes of this subtitle, if 
        a credit is allowed under this section for an expenditure, the 
        increase in basis which would result (but for this subsection) 
        for such expenditure shall be reduced by the amount of the 
        credit allowed under this section.
            ``(2) Denial of double benefit.--No deduction shall be 
        allowed under this chapter for any amount taken into account in 
        determining the credit under this section.
    ``(e) Termination.--This section shall not apply to any 
expenditures paid or incurred in taxable years beginning after December 
31, 2019.''.
    (b) Credit To Be Part of Business Credit.--Subsection (b) of 
section 38 is amended by striking ``plus'' at the end of paragraph 
(34), by striking the period at the end of paragraph (35) and inserting 
``, plus'', and by adding at the end the following new paragraph:
            ``(36) the ASME Nuclear Certification credit determined 
        under section 45R(a).''.
    (c) Conforming Amendment.--Subsection (a) of section 1016 is 
amended by striking ``and'' at the end of paragraph (36), by striking 
the period at the end of paragraph (37) and inserting ``, and'', and by 
adding at the end the following new paragraph:
            ``(38) to the extent provided in section 45R(d)(1).''.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by adding at the end 
the following new item:

``Sec. 45R. ASME Nuclear Certification credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to expenditures paid or incurred in taxable years beginning after 
December 31, 2009.

SEC. 712. EXPANSION OF ENERGY INVESTMENT TAX CREDIT TO INCLUDE NUCLEAR 
              AND CLEAN-COAL EQUIPMENT.

    (a) In General.--Clause (i) of section 48C(c)(1)(A) is amended--
            (1) by striking ``or'' at the end of subclause (VI),
            (2) by striking ``and'' at the end of subclause (VII), and
            (3) by inserting after subclause (VII) the following new 
        subclauses:
                                    ``(VIII) property designed to be 
                                used to produce energy from an advanced 
                                nuclear power facility (as defined in 
                                section 45J(d)), or
                                    ``(IX) property designed to be used 
                                to produce energy from clean-coal 
                                equipment, and''.
    (b) Denial of Double Benefit.--Subsection (e) of section 48C is 
amended by inserting ``45J, 45R,'' before ``48''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2009.

SEC. 713. CREDIT FOR QUALIFYING NUCLEAR POWER MANUFACTURING.

    (a) In General.--Subpart E of part IV of subchapter A of chapter 1 
is amended by inserting after section 48C the following new section:

``SEC. 48D. QUALIFYING NUCLEAR POWER MANUFACTURING CREDIT.

    ``(a) In General.--For purposes of section 46, the qualifying 
nuclear power manufacturing credit for any taxable year is an amount 
equal to 20 percent of the qualified investment for such taxable year.
    ``(b) Qualified Investment.--
            ``(1) In general.--For purposes of subsection (a), the 
        qualified investment for any taxable year is the basis of 
        eligible property placed in service by the taxpayer during such 
        taxable year--
                    ``(A) which is either part of a qualifying nuclear 
                power manufacturing project or is qualifying nuclear 
                power manufacturing equipment,
                    ``(B)(i) the construction, reconstruction, or 
                erection of which is completed by the taxpayer, or
                    ``(ii) which is acquired by the taxpayer if the 
                original use of such property commences with the 
                taxpayer,
                    ``(C) with respect to which depreciation (or 
                amortization in lieu of depreciation) is allowable, and
                    ``(D) which is placed in service on or before 
                December 31, 2015.
            ``(2) Special rule for certain subsidized property.--Rules 
        similar to section 48(a)(4) shall apply for purposes of this 
        section.
            ``(3) Certain qualified progress expenditures rules made 
        applicable.--Rules similar to the rules of subsections (c)(4) 
        and (d) of section 46 (as in effect on the day before the 
        enactment of the Revenue Reconciliation Act of 1990) shall 
        apply for purposes of this section.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualifying nuclear power manufacturing project.--The 
        term `qualifying nuclear power manufacturing project' means any 
        project which is designed primarily to enable the taxpayer to 
        produce or test equipment necessary for the construction or 
        operation of a nuclear power plant.
            ``(2) Qualifying nuclear power manufacturing equipment.--
        The term `qualifying nuclear power manufacturing equipment' 
        means machine tools and other similar equipment, including 
        computers and other peripheral equipment, acquired or 
        constructed primarily to enable the taxpayer to produce or test 
        equipment necessary for the construction or operation of a 
        nuclear power plant.
            ``(3) Project.--The term `project' includes any building 
        constructed to house qualifying nuclear power manufacturing 
        equipment.''.
    (b) Conforming Amendments.--
            (1) Additional investment credit.--Section 46 is amended--
                    (A) by striking the period at the end of paragraph 
                (5) and inserting ``, and'', and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) the qualifying nuclear power manufacturing credit.''.
            (2) Application of section 49.--Subparagraph (C) of section 
        49(a)(1) is amended--
                    (A) by striking ``and'' at the end of clause (iv),
                    (B) by striking the period at the end of clause (v) 
                and inserting ``, and'', and
                    (C) by adding at the end the following new clause:
                            ``(vi) the basis of any property which is 
                        part of a qualifying nuclear power equipment 
                        manufacturing project under section 48D.''.
            (3) Table of sections.--The table of sections for subpart E 
        of part IV of subchapter A of chapter 1 is amended by adding at 
        the end the following new item:

``Sec. 48D. Qualifying nuclear power manufacturing credit.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property--
            (1) the construction, reconstruction, or erection of which 
        began after the date of the enactment of this Act, or
            (2) which was acquired by the taxpayer on or after the date 
        of the enactment of this Act and not pursuant to a binding 
        contract which was in effect on the day prior to such date.

              Subtitle B--Synthetic and Alternative Energy

SEC. 721. COAL-TO-LIQUID FACILITIES.

    (a) In General.--Section 168 is amended by adding at the end the 
following:
    ``(o) Special Allowance for Coal-to-liquid Plant Property.--
            ``(1) Additional allowance.--In the case of any qualified 
        coal-to-liquid plant property--
                    ``(A) the depreciation deduction provided by 
                section 167(a) for the taxable year in which such 
                property is placed in service shall include an 
                allowance equal to 50 percent of the adjusted basis of 
                such property, and
                    ``(B) the adjusted basis of such property shall be 
                reduced by the amount of such deduction before 
                computing the amount otherwise allowable as a 
                depreciation deduction under this chapter for such 
                taxable year and any subsequent taxable year.
            ``(2) Qualified coal-to-liquid plant property.--
                    ``(A) In general.--The term `qualified coal-to-
                liquid plant property' means property of a character 
                subject to the allowance for depreciation--
                            ``(i) which is part of a commercial-scale 
                        project that converts coal to 1 or more liquid 
                        or gaseous transportation fuel that 
                        demonstrates the capture, and sequestration or 
                        disposal or use of, the carbon dioxide produced 
                        in the conversion process, and that, on the 
                        basis of carbon dioxide sequestration plan 
                        prepared by the applicant, is certified by the 
                        Administrator of the Environmental Protection 
                        Agency, in consultation with the Secretary of 
                        Energy, as producing fuel with life cycle 
                        carbon dioxide emissions at or below the 
                        average life-cycle carbon dioxide emissions for 
                        the same type of fuel produced at traditional 
                        petroleum based facilities with similar annual 
                        capacities,
                            ``(ii) which is used in the United States 
                        solely to produce coal-to-liquid fuels,
                            ``(iii) the original use of which commences 
                        with the taxpayer after the date of the 
                        enactment of this subsection,
                            ``(iv) which has a nameplate capacity of 
                        30,000 barrels per day production of coal-to-
                        liquid fuels,
                            ``(v) which is acquired by the taxpayer by 
                        purchase (as defined in section 179(d)) after 
                        the date of the enactment of this subsection, 
                        but only if no written binding contract for the 
                        acquisition was in effect on or before such 
                        date, and
                            ``(vi) which is placed in service by the 
                        taxpayer before January 1, 2013.
                    ``(B) Exceptions.--
                            ``(i) Alternative depreciation property.--
                        Such term shall not include any property 
                        described in section 168(k)(2)(D)(i).
                            ``(ii) Tax-exempt bond-financed property.--
                        Such term shall not include any property any 
                        portion of which is financed with the proceeds 
                        of any obligation the interest on which is 
                        exempt from tax under section 103.
                            ``(iii) Election out.--If a taxpayer makes 
                        an election under this subparagraph with 
                        respect to any class of property for any 
                        taxable year, this subsection shall not apply 
                        to all property in such class placed in service 
                        during such taxable year.
            ``(3) Special rules.--For purposes of this subsection, 
        rules similar to the rules of subparagraph (E) of section 
        168(k)(2) shall apply, except that such subparagraph shall be 
        applied--
                    ``(A) by substituting `the date of the enactment of 
                subsection (l)' for `December 31, 2007' each place it 
                appears therein,
                    ``(B) by substituting `January 1, 2013' for 
                `January 1, 2010' in clause (i) thereof, and
                    ``(C) by substituting `qualified coal-to-liquid 
                plant property' for `qualified property' in clause (iv) 
                thereof.
            ``(4) Allowance against alternative minimum tax.--For 
        purposes of this subsection, rules similar to the rules of 
        section 168(k)(2)(G) shall apply.
            ``(5) Recapture.--For purposes of this subsection, rules 
        similar to the rules under section 179(d)(10) shall apply with 
        respect to any qualified coal-to-liquid plant property which 
        ceases to be qualified coal-to-liquid plant property.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after the date of the enactment of this 
Act, in taxable years ending after such date.

SEC. 722. PERMANENT EXTENSION OF THE CREDIT FOR NONBUSINESS ENERGY 
              PROPERTY AND THE CREDIT FOR GAS PRODUCED FROM BIOMASS AND 
              FOR SYNTHETIC FUELS PRODUCED FROM COAL.

    (a) Credit for Nonbusiness Energy Property Made Permanent.--
            (1) In general.--Section 25C is amended by striking 
        subsection (g).
            (2) Effective date.--The amendment made by this subsection 
        shall apply to property placed in service after December 31, 
        2009.
    (b) Credit for Gas Produced From Biomass and for Synthetic Fuels 
Produced From Coal Made Permanent.--
            (1) In general.--Subparagraph (B) of section 45K(f)(1) is 
        amended to read as follows:
                    ``(B) if such facility is originally placed in 
                service after December 31, 1992, paragraph (2) of 
                subsection (e) shall not apply.''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply to fuel sold after December 31, 2009.

SEC. 723. EXTENSION OF 50 CENT PER GALLON ALTERNATIVE FUELS EXCISE TAX 
              CREDIT.

    Paragraph (5) of section 6426(d) is amended by striking ``2009'' 
and inserting ``2019'' and by striking ``2014'' and inserting ``2024''.

SEC. 724. TAX CREDIT PARITY FOR OPEN-LOOP BIOMASS FACILITIES.

    (a) In General.--Subparagraph (A) of section 45(b)(4) is amended by 
striking ``paragraph (3),'' and inserting ``paragraph''.
    (b) Effective Date.--The amendment made by this section shall apply 
to electricity produced and sold after the date of the enactment of 
this Act.

                 Subtitle C--Alternative Fuel Vehicles

SEC. 731. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLES.

    Paragraph (4) of section 30B(k) is amended by striking ``December 
31, 2010'' and inserting ``December 31, 2020''.

SEC. 732. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY 
              CREDIT.

    Paragraph (1) of section 30C(g) is amended--
            (1) by striking ``hydrogen,'' and inserting ``hydrogen or 
        alternative fuels (as defined in section 30B(e)(4)(B)),'', and
            (2) by striking ``December 31, 2014'' and inserting 
        ``December 31, 2020''.

SEC. 733. EXTENSION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE 
              MOTOR VEHICLES.

    (a) In General.--Section 30D is amended by adding at the end the 
following new subsection:
    ``(g) Termination.--This section shall not apply to property placed 
in service after December 31, 2020.''.
    (b) Repeal of Limitation on Number of New Qualified Plug-In 
Electric Drive Motor Vehicles Eligible for Credit.--Section 30D, as 
amended by subsection (a), is amended by striking subsection (e) and 
redesignating subsections (f) and (g) as subsections (e) and (f), 
respectively.
    (c) Conforming Amendments.--
            (1) Section 1016(a)(37) is amended by striking ``section 
        30D(e)(4)'' and inserting ``section 30D(e)(1)''.
            (2) Section 6501(m) is amended by striking ``section 
        30D(e)(4)'' and inserting ``section 30D(e)(6)''.
    (d) Effective Date.--The amendments made by this section shall 
apply to vehicles acquired after December 31, 2009.

                   Subtitle D--Energy Infrastructure

SEC. 741. TAX-EXEMPT FINANCING OF ENERGY TRANSPORTATION INFRASTRUCTURE 
              NOT SUBJECT TO PRIVATE BUSINESS USE TESTS.

    (a) In General.--Section 141(b)(6) is amended by adding at the end 
the following new subparagraph:
                    ``(C) Exception for certain energy transportation 
                infrastructure.--
                            ``(i) In general.--For purposes of the 1st 
                        sentence of subparagraph (A), the operation or 
                        use of any property described in clause (ii) by 
                        any person which is not a governmental unit 
                        shall not be considered a private business use.
                            ``(ii) Property described.--For purposes of 
                        clause (i), the following property is described 
                        in this clause:
                                    ``(I) Any tangible property used to 
                                transmit electricity at 230 or more 
                                kilovolts if such property is placed in 
                                service as part of a State or multi-
                                State effort to improve interstate 
                                electricity transmission and is 
                                physically located in not less than 2 
                                States.
                                    ``(II) Any tangible property used 
                                to transmit electricity generated from 
                                renewable resources.
                                    ``(III) Any tangible property used 
                                as a transmission pipeline for crude 
                                oil or diesel fuel produced from coal 
                                or other synthetic petroleum products 
                                produced from coal if such property is 
                                placed in service as part of a State or 
                                multi-State effort to improve the 
                                transportation of crude oil or diesel 
                                fuel produced from coal or other 
                                synthetic petroleum products produced 
                                from coal.
                                    ``(IV) Any tangible property used 
                                as a carbon dioxide transmission 
                                pipeline if such property is placed in 
                                service as part of a State or multi-
                                State effort to improve interstate or 
                                intrastate efforts to develop 
                                transportation infrastructure for 
                                purposes of permanently sequestering 
                                carbon dioxide.''.
    (b) Exception to Private Loan Financing Test.--Section 141(c)(2) is 
amended--
            (1) by striking ``or'' at the end of subparagraph (B),
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``, or'', and
            (3) by adding at the end the following new subparagraph:
                    ``(D) enables the borrower to finance any property 
                described in subsection (b)(6)(C)(ii).''.
    (c) Reduction of State Volume Cap by Amount of Energy 
Transportation Infrastructure Financing.--Section 146 is amended by 
adding at the end the following new subsection:
    ``(o) Reduction for Energy Transportation Infrastructure 
Financing.--The volume cap of any issuing authority for any calendar 
year shall be reduced by the amount of bonds issued as part of an issue 
by such authority to provide for property described in section 
141(b)(6)(C)(ii).''.
    (d) Effective Date.--The amendments made by this section shall 
apply to obligations issued after the date of the enactment of this Act 
and before December 31, 2016.

SEC. 742. LIMITATION ON DISCRIMINATORY TAXATION OF CERTAIN PIPELINE 
              PROPERTY.

    (a) Definitions.--For purposes of this section:
            (1) Assessment.--The term ``assessment'' means valuation 
        for a property tax levied by a taxing authority.
            (2) Assessment jurisdiction.--The term ``assessment 
        jurisdiction'' means a geographical area used in determining 
        the assessed value of property for ad valorem taxation.
            (3) Commercial and industrial property.--The term 
        ``commercial and industrial property'' means property 
        (excluding pipeline property, public utility property, and land 
        used primarily for agricultural purposes or timber growth) 
        devoted to commercial or industrial use and subject to a 
        property tax levy.
            (4) Pipeline property.--The term ``pipeline property'' 
        means all property, real, personal, and intangible, owned or 
        used by a natural gas pipeline providing transportation or 
        storage of natural gas, subject to the jurisdiction of the 
        Federal Energy Regulatory Commission.
            (5) Public utility property.--The term ``public utility 
        property'' means property (excluding pipeline property) that is 
        devoted to public service and is owned or used by any entity 
        that performs a public service and is regulated by any 
        governmental agency.
    (b) Discriminatory Acts.--The acts specified in this subsection 
unreasonably burden and discriminate against interstate commerce. A 
State, subdivision of a State, authority acting for a State or 
subdivision of a State, or any other taxing authority (including a 
taxing jurisdiction and a taxing district) may not do any of the 
following such acts:
            (1) Assess pipeline property at a value that has a higher 
        ratio to the true market value of the pipeline property than 
        the ratio that the assessed value of other commercial and 
        industrial property in the same assessment jurisdiction has to 
        the true market value of the other commercial and industrial 
        property.
            (2) Levy or collect a tax on an assessment that may not be 
        made under paragraph (1).
            (3) Levy or collect an ad valorem property tax on pipeline 
        property at a tax rate that exceeds the tax rate applicable to 
        commercial and industrial property in the same assessment 
        jurisdiction.
            (4) Impose any other tax that discriminates against a 
        pipeline providing transportation subject to the jurisdiction 
        of the Federal Energy Regulatory Commission.
    (c) Jurisdiction of Courts; Relief.--
            (1) Grant of jurisdiction.--Notwithstanding section 1341 of 
        title 28, United States Code, and notions of comity, and 
        without regard to the amount in controversy or citizenship of 
        the parties, the district courts of the United States shall 
        have jurisdiction, concurrent with other jurisdiction of the 
        courts of the United States, of States, and of all other taxing 
        authorities and taxing jurisdictions, to prevent a violation of 
        subsection (b).
            (2) Relief.--Except as otherwise provided in this 
        paragraph, relief may be granted under this Act only if the 
        ratio of assessed value to true market value of pipeline 
        property exceeds by at least 5 percent the ratio of assessed 
        value to true market value of other commercial and industrial 
        property in the same assessment jurisdiction. If the ratio of 
        the assessed value of other commercial and industrial property 
        in the assessment jurisdiction to the true market value of all 
        other commercial and industrial property cannot be determined 
        to the satisfaction of the court through the random-sampling 
        method known as a sales assessment ratio study (to be carried 
        out under statistical principles applicable to such a study), 
        each of the following shall be a violation of subsection (b) 
        for which relief under this section may be granted:
                    (A) An assessment of the pipeline property at a 
                value that has a higher ratio of assessed value to the 
                true market value of the pipeline property than the 
                ratio of the assessed value of all other property 
                (excluding public utility property) subject to a 
                property tax levy in the assessment jurisdiction has to 
                the true market value of all other property (excluding 
                public utility property).
                    (B) The collection of an ad valorem property tax on 
                the pipeline property at a tax rate that exceeds the 
                tax rate applicable to all other taxable property 
                (excluding public utility property) in the taxing 
                jurisdiction.

               Subtitle E--Building Efficiency Incentives

SEC. 751. HOME ENERGY AUDITS.

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

``SEC. 25E. HOME ENERGY AUDITS.

    ``(a) In General.--In the case of an individual, there shall be 
allowed as a credit against the tax imposed by this chapter for the 
taxable year an amount equal to 50 percent of the amount of qualified 
home energy audit expenses paid or incurred by the taxpayer during the 
taxable year.
    ``(b) Limitations.--
            ``(1) Dollar limitation.--The amount of the credit allowed 
        under subsection (a) for any taxable year shall not exceed 
        $400.
            ``(2) Limitation based on amount of tax.--In the case of 
        any taxable year to which section 26(a)(2) does not apply, the 
        credit allowed under subsection (a) shall not exceed the excess 
        of--
                    ``(A) the sum of the regular tax liability (as 
                defined in section 26(b)) plus the tax imposed by 
                section 55, over
                    ``(B) the sum of the credits allowable under this 
                subpart (other than this section) and section 27 for 
                the taxable year.
    ``(c) Qualified Home Energy Audit Expenses.--
            ``(1) In general.--For purposes of this section, the term 
        `qualified home energy audit expenses' means expenses paid or 
        incurred for an energy audit, performed by a qualified energy 
        auditor through a comprehensive site visit, of a principal 
        residence of the taxpayer which is located in the United 
        States. Such audit may include a blower door test, an infra-red 
        camera test, and a furnace combustion efficiency test.
            ``(2) Included tests.--The audit described in paragraph (1) 
        shall include such tests as the Secretary may by regulation 
        require, including substitute tests for the tests specified in 
        such paragraph.
            ``(3) Principal residence.--For purposes of this 
        subsection, the term `principal residence' has the same meaning 
        as when used in section 121.
            ``(4) Qualified energy auditor.--
                    ``(A) In general.--The Secretary shall specify by 
                regulations the qualifications required for an auditor 
                to be considered a qualified energy auditor for 
                purposes of this section. Such regulations shall 
                include rules prohibiting conflicts of interest, 
                including the disallowance of commissions or other 
                payments based on goods or non-audit services purchased 
                by the taxpayer from the auditor.
                    ``(B) Certification.--The Secretary shall prescribe 
                the procedures and methods for certifying that an 
                auditor is a qualified energy auditor. To the maximum 
                extent practicable, such procedures and methods shall 
                provide for a variety of sources from which an auditor 
                may obtain certifications.''.
    (b) Conforming Amendments.--
            (1) Section 23(b)(4)(B) is amended by striking ``section 
        25D'' and inserting ``sections 25D and 25E''.
            (2) Section 23(c)(1) is amended by inserting ``, 25E,'' 
        after ``25D''.
            (3) Section 24(b)(3)(B) is amended by inserting ``25E,'' 
        after ``25D,''.
            (4) Section 25(e)(1)(C) is amended by inserting ``25E,'' 
        after ``25D,'' each place it appears in clauses (i) and (ii).
            (5) Section 25B(g)(2) is amended by inserting ``25E,'' 
        after ``25D,''.
            (6) Section 25D(c) is amended by inserting ``and section 
        25E'' after ``this section'' each place it appears in 
        paragraphs (1)(B) and (2)(A).
            (7) Section 904(i) is amended by inserting ``25E,'' after 
        ``25B,''.
    (c) Clerical Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 is amended by inserting after the 
item relating to section 25D the following new item:

``Sec. 25E. Home energy audits.''.
    (d) Effective Dates.--
            (1) In general.--The amendments made by this section shall 
        apply to amounts paid or incurred in taxable years beginning 
        after December 31, 2009.
            (2) Application of eggtra sunset.--The amendments made by 
        paragraphs (1) and (3) of subsection (b) shall be subject to 
        title IX of the Economic Growth and Tax Relief Reconciliation 
        Act of 2001 in the same manner as the provisions of such Act to 
        which such amendments relate.

SEC. 752. EXTENSION AND CLARIFICATION OF NEW ENERGY EFFICIENT HOME 
              CREDIT.

    (a) Extension.--Subsection (g) of section 45L is amended by 
striking ``December 31, 2009'' and inserting ``December 31, 2013''.
    (b) Clarification.--
            (1) In general.--Paragraph (1) of section 45L(a) is amended 
        by striking ``and'' at the end of subparagraph (A) and by 
        striking subparagraph (B) and inserting the following:
                    ``(B) acquired by a person from such eligible 
                contractor, and
                    ``(C) used by any person as a residence during the 
                taxable year.''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect as if included in section 1332 of the Energy 
        Policy Act of 2005.

SEC. 753. EXTENSION OF CREDIT FOR ENERGY EFFICIENT APPLIANCES.

    (a) In General.--Subsection (b) of section 45M is amended--
            (1) in paragraph (1)--
                    (A) by striking ``2008 or 2009'' in subparagraph 
                (A) and inserting ``2008, 2009, 2010, 2011, or 2012'', 
                and
                    (B) by striking ``2008, 2009, or 2010'' in 
                subparagraph (B) and inserting ``2008, 2009, 2010, 
                2011, 2012, or 2013'',
            (2) in paragraph (2)--
                    (A) by striking ``2008 or 2009'' in subparagraph 
                (B) and inserting ``2008, 2009, 2010, 2011, or 2012'',
                    (B) by striking ``2008, 2009, or 2010'' in 
                subparagraph (C) and inserting ``2008, 2009, 2010, 
                2011, 2012, or 2013'', and
                    (C) by striking ``2008, 2009, or 2010'' in 
                subparagraph (D) and inserting ``2008, 2009, 2010, 
                2011, 2012, or 2013'', and
            (3) in paragraph (3)--
                    (A) by striking ``2008 or 2009'' in subparagraph 
                (B) and inserting ``2008, 2009, 2010, 2011, or 2012'',
                    (B) by striking ``2008, 2009, or 2010'' in 
                subparagraph (C) and inserting ``2008, 2009, 2010, 
                2011, 2012, or 2013'', and
                    (C) by striking ``2008, 2009, or 2010'' in 
                subparagraph (D) and inserting ``2008, 2009, 2010, 
                2011, 2012, or 2013''.
    (b) Increase in Aggregate Credit Amount Allowed.--Paragraph (1) of 
section 45M(e) is amended by striking ``$75,000,000'' and inserting 
``$100,000,000''.
    (c) Effective Date.--The amendments made by this section shall 
apply to appliances produced after December 31, 2009.

SEC. 754. EXTENSION AND MODIFICATION OF DEDUCTION FOR ENERGY EFFICIENT 
              COMMERCIAL BUILDINGS.

    (a) Extension.--Subsection (h) of section 179D is amended to read 
as follows:
    ``(h) Termination.--This section shall not apply with respect to 
property--
            ``(1) which is certified under subsection (d)(6) after 
        December 31, 2012, or
            ``(2) which is placed in service after December 31, 2014.
A provisional certification shall be treated as meeting the 
requirements of paragraph (1) if it is based on the building plans, 
subject to inspection and testing after installation.''.
    (b) Increase in Maximum Amount of Deduction.--
            (1) In general.--Subparagraph (A) of section 179D(b)(1) is 
        amended by striking ``$1.80'' and inserting ``$2.25''.
            (2) Partial allowance.--Paragraph (1) of section 179D(d) is 
        amended--
                    (A) by striking ``$.60'' and inserting ``$0.75'', 
                and
                    (B) by striking ``$1.80'' and inserting ``$2.25''.
    (c) Modifications to Certain Special Rules.--
            (1) Methods of calculating energy savings.--
                    (A) In general.--Paragraph (2) of section 179D(d) 
                is amended--
                            (i) by inserting ``, except that the 
                        Secretary shall use Standard 90.1-2001 in lieu 
                        of the California title 24 energy standards and 
                        the tables contained therein and the Secretary 
                        may add requirements from Standard 90.1-2001 
                        (or any successor standard)'' before the period 
                        at the end, and
                            (ii) by adding at the end the following new 
                        sentence: ``The calculation methods contained 
                        in such regulations shall also provide for the 
                        calculation of appropriate energy savings for 
                        design methods and technologies not otherwise 
                        credited in such manual or standard, including 
                        energy savings associated with natural 
                        ventilation, evaporative cooling, automatic 
                        lighting controls (such as occupancy sensors, 
                        photocells, and time clocks), day lighting, 
                        designs utilizing semi-conditioned spaces which 
                        maintain adequate comfort conditions without 
                        air conditioning or without heating, improved 
                        fan system efficiency (including reductions in 
                        static pressure), advanced unloading mechanisms 
                        for mechanical cooling (such as multiple or 
                        variable speed compressors), on-site generation 
                        of electricity (including combined heat and 
                        power systems, fuel cells, and renewable energy 
                        generation such as solar energy), and wiring 
                        with lower energy losses than wiring satisfying 
                        Standard 90.1-2001 requirements for building 
                        power distribution systems.''.
                    (B) Requirements for computer software used in 
                calculating energy and power consumption costs.--
                Paragraph (3)(B) of section 179D(d) is amended by 
                striking ``and'' at the end of clause (ii), by striking 
                the period at the end of clause (iii) and inserting ``, 
                and'', and by adding at the end the following:
                            ``(iv) which automatically--
                                    ``(I) generates the features, 
                                energy use, and energy and power 
                                consumption costs of a reference 
                                building which meets Standard 90.1-
                                2001,
                                    ``(II) generates the features, 
                                energy use, and energy and power 
                                consumption costs of a compliant 
                                building or system which reduces the 
                                annual energy and power costs by 50 
                                percent compared to Standard 90.1-2001, 
                                and
                                    ``(III) compares such features, 
                                energy use, and consumption costs to 
                                the features, energy use, and 
                                consumption costs of the building or 
                                system with respect to which the 
                                calculation is being made.''.
            (2) Targets for partial allowance of credit.--Paragraph 
        (1)(B) of section 179D(d) is amended--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
                            ``(i) In general.--The Secretary'', and
                    (B) by adding at the end the following:
                            ``(ii) Additional requirements.--For 
                        purposes of clause (i)--
                                    ``(I) the Secretary shall determine 
                                prescriptive criteria that can be 
                                modeled explicitly for reference 
                                buildings which meet the requirements 
                                of subsection (c)(1)(D) for different 
                                building types and regions,
                                    ``(II) a system may be certified as 
                                meeting the target under subparagraph 
                                (A)(ii) if the appropriate reference 
                                building either meets the requirements 
                                of subsection (c)(1)(D) with such 
                                system rather than the comparable 
                                reference system (using the calculation 
                                under paragraph (2)) or meets the 
                                relevant prescriptive criteria under 
                                subclause (I), and
                                    ``(III) the lighting system target 
                                shall be based on lighting power 
                                density, except that it shall allow 
                                lighting controls credits that trade 
                                off for lighting power density savings 
                                based on section 3.2.2 of the 2005 
                                California Nonresidential Alternative 
                                Calculation Method Approval Manual.
                    ``(B) Publication.--The Secretary shall publish in 
                the Federal Register the bases for the target levels 
                established in the regulations under clause (i).''.
    (d) Alternative Standards.--Section 179D(d) is amended by adding at 
the end the following new paragraph:
            ``(7) Alternative standards pending final regulations.--
        Until such time as the Secretary issues final regulations under 
        paragraph (1)(B)--
                    ``(A) in the case of property which is part of a 
                building envelope, the building envelope system target 
                under paragraph (1)(A)(ii) shall be a 7 percent 
                reduction in total annual energy and power costs 
                (determined in the same manner as under subsection 
                (c)(1)(D)), and
                    ``(B) in the case of property which is part of the 
                heating, cooling, ventilation, and hot water systems, 
                the heating, cooling, ventilation, and hot water system 
                shall be treated as meeting the target under paragraph 
                (1)(A)(ii) if it would meet the requirement in 
                subsection (c)(1)(D) if combined with a building 
                envelope system and lighting system which met their 
                respective targets under paragraph (1)(A)(ii) 
                (including interim targets in effect under subsection 
                (f) and subparagraph (A)).''.
    (e) Modifications to Lighting Standards.--
            (1) Standards to be alternate standards.--Subsection (f) of 
        section 179D is amended--
                    (A) by striking ``Interim'' in the heading and 
                inserting ``Alternative'', and
                    (B) by inserting ``, or, if the taxpayer elects, in 
                lieu of the target set forth in such final 
                regulations'' after ``lighting system'' at the end of 
                the matter preceding paragraph (1).
            (2) Qualified individuals.--Section 179D(d)(6)(C) is 
        amended by adding at the end the following: ``For purposes of 
        certification of whether the alternative target for lighting 
        systems under subsection (f) is met, individuals qualified to 
        determine compliance shall include individuals who are 
        certified as Lighting Certified (LC) by the National Council on 
        Qualifications for the Lighting Professions, Certified Energy 
        Managers (CEM) by the Association of Energy Engineers, and LEED 
        Accredited Professionals (AP) by the U.S. Green Buildings 
        Council.''.
            (3) Requirement for bilevel switching.--Section 179D(f) is 
        amended by adding at the end the following new paragraph:
            ``(3) Application of subsection to bilevel switching.--
                    ``(A) In general.--Notwithstanding paragraph 
                (2)(C)(i), this subsection shall apply to a system 
                which does not include provisions for bilevel switching 
                if the reduction in lighting power density is at least 
                37.5 percent of the minimum requirements in Table 
                9.3.1.1 or Table 9.3.1.2 (not including additional 
                interior lighting allowances) of Standard 90.1-2001.
                    ``(B) Reduction in deduction.--In the case of a 
                system to which this subsection applies by reason of 
                subparagraph (A), paragraph (2) shall be applied--
                            ``(i) by striking `40 percent' and 
                        inserting `50 percent' in subparagraph (A) 
                        thereof, and
                            ``(ii) in subparagraph (B)(ii) thereof--
                                    ``(I) by striking `25 percentage 
                                points' and inserting `37.5 percentage 
                                points'; and
                                    ``(II) by striking `15' and 
                                inserting `12.5'.''.
    (f) Public Property.--Paragraph (4) of section 179(d) is amended by 
striking ``the Secretary shall promulgate a regulation to allow the 
allocation of the deduction'' and inserting ``the deduction under this 
section shall be allowed''.
    (g) Effective Date.--The amendments made by this section shall 
apply to property placed in service in taxable years beginning after 
the date of the enactment of this Act.
                                 <all>