[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 909 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 909

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2011

    Mr. Nunes (for himself, Mr. Shimkus, Mr. Ryan of Wisconsin, Mr. 
 Simpson, Mr. Bishop of Utah, Mr. McKeon, Mr. Dreier, Mr. Lucas, Mrs. 
 McMorris Rodgers, Mr. Rogers of Michigan, Mr. Roskam, Mr. Bachus, Mr. 
 Benishek, Mr. Brady of Texas, Mr. Broun of Georgia, Mr. Burgess, Mr. 
 Burton of Indiana, Mr. Calvert, Mr. Canseco, Mr. Coffman of Colorado, 
 Mr. Cole, Mr. Cravaack, Mr. Culberson, Mr. Duncan of Tennessee, Mrs. 
 Emerson, Mr. Fincher, Mr. Franks of Arizona, Mr. Gingrey of Georgia, 
   Mr. Grimm, Mr. Harper, Mr. Herger, Mr. Huizenga of Michigan, Ms. 
 Jenkins, Mr. King of Iowa, Mr. LaTourette, Mrs. Lummis, Mr. Marchant, 
Mr. McCotter, Mr. McHenry, Mrs. Miller of Michigan, Mr. Pearce, Mr. Poe 
   of Texas, Mr. Rehberg, Mr. Schock, Mr. Sessions, Mr. Shuster, Mr. 
  Sullivan, Mr. Terry, Mr. Thompson of Pennsylvania, Mr. Tiberi, Mr. 
 Tipton, Mr. Walberg, Mr. Westmoreland, Mr. Womack, Mr. Yoder, and Mr. 
 Young of Alaska) introduced the following bill; which was referred to 
 the Committee on Natural Resources, and in addition to the Committees 
    on Oversight and Government Reform, Ways and Means, Energy and 
     Commerce, and Armed Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To expand domestic fossil fuel production, develop more nuclear power, 
       and expand renewable electricity, 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 ``A Roadmap for 
America's Energy Future''.
    (b) Table of Contents.--

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

Sec. 100. Findings.
                  Subtitle A--Outer Continental Shelf

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

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

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

Sec. 151. Development and operation of facilities.
Sec. 152. Definitions relating to coal-to-liquid fuel and facilities.
Sec. 153. Repeal.
                          Subtitle E--Nuclear

Sec. 161. Findings and policy.
Sec. 162. 200 operating permits by 2040.
Sec. 163. Repeal of Office of Civilian Radioactive Waste Management.
Sec. 164. Radiological material repository.
Sec. 165. Independent radiological material management.
Sec. 166. Spent nuclear fuel recycling.
Sec. 167. Nuclear fuel supply reserve.
Sec. 168. Public health and safety.
Sec. 169. Streamlining Combined Construction and Operating License.
Sec. 170. Reactor design certification.
Sec. 171. Technology-neutral plant design specifications.
Sec. 172. Additional funding and personnel resources.
Sec. 173. National Nuclear Energy Council.
Sec. 174. Next Generation Nuclear Plant.
Sec. 175. Uranium mining on Federal lands.
Sec. 176. Small and modular reactor licensing.
Sec. 177. Limitation on regulatory time frame.
Sec. 178. Definition.
               TITLE II--AMERICAN-MADE ENERGY TRUST FUND

Sec. 201. Establishment of American-Made Energy Trust Fund.
 TITLE III--REVERSE AUCTION MECHANISM FOR RENEWABLE ENERGY GENERATION 
                   AND FOR RENEWABLE FUEL PRODUCTION

Sec. 301. Reverse auction mechanism for renewable energy generation.
        TITLE IV--PROHIBITION OF CONSIDERATION OF GREENHOUSE GAS

Sec. 401. Clean Air Act regulation.
Sec. 402. Endangered Species Act regulation.

                        TITLE I--AMERICAN ENERGY

SEC. 100. FINDINGS.

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

                  Subtitle A--Outer Continental Shelf

SEC. 101. LEASING PROGRAM CONSIDERED APPROVED.

    (a) In General.--The Draft Proposed Outer Continental Shelf (OCS) 
Oil and Gas Leasing Program 2010-2015 released by the Secretary of the 
Interior (referred to in this section as the ``Secretary'') in January 
2009, under section 18 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1344), is considered to have been approved by the Secretary as a 
final oil and gas leasing program under that section, and is considered 
to be in full compliance with and in accordance with all requirements 
of the Outer Continental Shelf Lands Act, National Environmental Policy 
Act of 1969, Endangered Species Act of 1973, Clean Air Act, Marine 
Mammal Protection Act of 1972, Oil Pollution Act of 1990, and all other 
applicable laws.
    (b) Final Environmental Impact Statement.--The Secretary is 
considered to have issued a legally sufficient final environmental 
impact statement for the program described in subsection (a) in 
accordance with all requirements under section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), and 
all other applicable laws.

SEC. 102. OUTER CONTINENTAL SHELF LEASE SALES.

    (a) In General.--Except as provided in subsection (b), not later 
than 30 days after the date of enactment of this Act and every 270 days 
thereafter, the Secretary of the Interior (referred to in this section 
as the ``Secretary'') shall conduct a lease sale in each outer 
Continental Shelf area for which the Secretary determines that there is 
a commercial interest in purchasing Federal oil and gas leases for 
production on the outer Continental Shelf.
    (b) Subsequent Determinations and Sales.--If the Secretary 
determines that there is not a commercial interest in purchasing 
Federal oil and gas leases for production on the outer Continental 
Shelf in an area under subsection (a), not later than 2 years after the 
date of such determination, and every 2 years thereafter, the Secretary 
shall--
            (1) reevaluate whether there is commercial interest in 
        purchasing Federal oil and gas leases for production on the 
        outer Continental Shelf in the area; and
            (2) if the Secretary determines that there is a commercial 
        interest described in paragraph (1), conduct a lease sale in 
        the area.
    (c) Proceeds of Lease Sales From Newly Open Areas.--Notwithstanding 
section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), 
the Federal share of any proceeds resulting from a lease sale conducted 
under this section with respect to an outer Continental Shelf area that 
is made open for lease sales pursuant to section 101, and that was not 
open for lease sales prior to the enactment of this Act, shall be 
deposited in the American-Made Energy Trust Fund established in section 
9512 of the Internal Revenue Code of 1986 (as added by title II).

SEC. 103. DEFINITIONS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.

    Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) 
is amended--
            (1) in the matter preceding subsection (a), by striking 
        ``When used in this Act--'' and inserting ``In this Act:'';
            (2) in subsection (a), by inserting after ``control'' the 
        following: ``, or lying within the United States exclusive 
        economic zone adjacent to the Territories of the United 
        States'';
            (3) by amending subsection (f) to read as follows:
    ``(f) The term `affected State' means the `Adjacent State'.'';
            (4) by striking the semicolon at the end of each of 
        subsections (a) through (o) and inserting a period;
            (5) by striking ``; and'' at the end of subsection (p) and 
        inserting a period; and
            (6) by adding at the end the following:
    ``(r) The term `Adjacent State' means, with respect to any program, 
plan, lease sale, leased tract, or other activity, proposed, conducted, 
or approved pursuant to the provisions of this Act, any State the laws 
of which are declared, pursuant to section 4(a)(2), to be the law of 
the United States for the portion of the outer Continental Shelf to 
which such program, plan, lease sale, or leased tract appertains or on 
which such activity is, or is proposed to be, conducted. For purposes 
of this paragraph, the term `State' includes the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana Islands, the Virgin 
Islands, American Samoa, Guam, and the other Territories of the United 
States.
    ``(s) The term `Adjacent Zone' means, with respect to any program, 
plan, lease sale, leased tract, or other activity, proposed, conducted, 
or approved pursuant to the provisions of this Act, the portion of the 
outer Continental Shelf for which the laws of a particular Adjacent 
State are declared, pursuant to section 4(a)(2), to be the law of the 
United States.
    ``(t) The term `miles' means statute miles.
    ``(u) The term `coastline' has the same meaning as the term `coast 
line' as defined in section 2(c) of the Submerged Lands Act (43 U.S.C. 
1301(c)).''.

SEC. 104. DETERMINATION OF ADJACENT ZONES AND OCS PLANNING AREAS.

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

SEC. 105. OUTER CONTINENTAL SHELF LEASING PROGRAM.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended--
            (1) in subsection (a), by adding at the end of paragraph 
        (3) the following: ``The Secretary shall, in each 5-Year 
        Program, include lease sales that when viewed as a whole 
        propose to offer for oil and gas leasing at least 75 percent of 
        the available unleased acreage within each OCS Planning Area. 
        Available unleased acreage is that portion of the outer 
        Continental Shelf that is not under lease at the time of the 
        proposed lease sale, and has not otherwise been made 
        unavailable for leasing by law.'';
            (2) in subsection (c), by striking so much as precedes 
        paragraph (3) and inserting the following:
    ``(c)(1) During the preparation of any proposed leasing program 
under this section, the Secretary shall consider and analyze leasing 
throughout the entire outer Continental Shelf without regard to any 
other law affecting such leasing. During this preparation, the 
Secretary shall invite and consider suggestions from any interested 
Federal agency, including the Attorney General, in consultation with 
the Federal Trade Commission, and from the Governor of any coastal 
State. The Secretary may also invite or consider any suggestions from 
the executive of any local government in a coastal State that have been 
previously submitted to the Governor of such State, and from any other 
person. Further, the Secretary shall consult with the Secretary of 
Defense regarding military operational needs in the outer Continental 
Shelf. The Secretary shall work with the Secretary of Defense to 
resolve any conflicts that might arise regarding offering any area of 
the outer Continental Shelf for oil and gas leasing. If the Secretaries 
are not able to resolve all such conflicts, any unresolved issues shall 
be elevated to the President for resolution.
    ``(2) After the consideration and analysis required by paragraph 
(1), including the consideration of the suggestions received from any 
interested Federal agency, the Federal Trade Commission, the Governor 
of any coastal State, any local government of a coastal State, and any 
other person, the Secretary shall publish in the Federal Register a 
proposed leasing program accompanied by a draft environmental impact 
statement prepared pursuant to the National Environmental Policy Act of 
1969. After the publishing of the proposed leasing program and during 
the comment period provided for on the draft environmental impact 
statement, the Secretary shall submit a copy of the proposed program to 
the Governor of each affected State for review and comment. The 
Governor may solicit comments from those executives of local 
governments in the Governor's State that the Governor, in the 
discretion of the Governor, determines will be affected by the proposed 
program. If any comment by such Governor is received by the Secretary 
at least 15 days prior to submission to the Congress pursuant to 
paragraph (3) and includes a request for any modification of such 
proposed program, the Secretary shall reply in writing, granting or 
denying such request in whole or in part, or granting such request in 
such modified form as the Secretary considers appropriate, and stating 
the Secretary's reasons therefor. All such correspondence between the 
Secretary and the Governor of any affected State, together with any 
additional information and data relating thereto, shall accompany such 
proposed program when it is submitted to the Congress.''; and
            (3) by adding at the end the following:
    ``(i) Projection of State Adjacent Zone Resources and State and 
Local Government Shares of OCS Receipts.--Concurrent with the 
publication of the scoping notice at the beginning of the development 
of each 5-Year Outer Continental Shelf Oil and Gas Leasing Program, or 
as soon thereafter as possible, the Secretary shall--
            ``(1) provide to each Adjacent State a current estimate of 
        proven and potential oil and gas resources located within the 
        State's Adjacent Zone; and
            ``(2) provide to each Adjacent State, and coastal political 
        subdivisions thereof, a best efforts projection of the OCS 
        Receipts that the Secretary expects will be shared with each 
        Adjacent State, and its coastal political subdivisions, using 
        the assumption that the unleased tracts within the State's 
        Adjacent Zone are fully made available for leasing, including 
        long-term projected OCS Receipts. In addition, the Secretary 
        shall include a macroeconomic estimate of the impact of such 
        leasing on the national economy and each State's economy, 
        including investment, jobs, revenues, personal income, and 
        other categories.''.

SEC. 106. COORDINATION WITH ADJACENT STATES.

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

SEC. 107. ENVIRONMENTAL STUDIES.

    Section 20(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1346(d)) is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following:
            ``(2) For all programs, lease sales, leases, and actions 
        under this Act, the following shall apply regarding the 
        application of the National Environmental Policy Act of 1969:
                    ``(A) Granting or directing lease suspensions and 
                the conduct of all preliminary activities on outer 
                Continental Shelf tracts, including seismic activities, 
                are categorically excluded from the need to prepare 
                either an environmental assessment or an environmental 
                impact statement, and the Secretary shall not be 
                required to analyze whether any exceptions to a 
                categorical exclusion apply for activities conducted 
                under the authority of this Act.
                    ``(B) The environmental impact statement developed 
                in support of each 5-Year Oil and Gas Leasing Program 
                provides the environmental analysis for all lease sales 
                to be conducted under the program, and such sales shall 
                not be subject to further environmental analysis.
                    ``(C) Exploration plans shall not be subject to any 
                requirement to prepare an environmental impact 
                statement, and the Secretary may find that exploration 
                plans are eligible for categorical exclusion due to the 
                impacts already being considered within an 
                environmental impact statement or due to mitigation 
                measures included within the plan.
                    ``(D) Within each OCS Planning Area, after the 
                preparation of the first development and production 
                plan environmental impact statement for a leased tract 
                within the Area, future development and production 
                plans for leased tracts within the Area shall only 
                require the preparation of an environmental assessment 
                unless the most recent development and production plan 
                environmental impact statement within the Area was 
                finalized more than 10 years prior to the date of the 
                approval of the plan, in which case an environmental 
                impact statement shall be required.''.

SEC. 108. OUTER CONTINENTAL SHELF INCOMPATIBLE USE.

    (a) In General.--No Federal agency may permit construction or 
operation (or both) of any facility, or designate or maintain a 
restricted transportation corridor or operating area on the Federal 
outer Continental Shelf or in State waters, that will be incompatible 
with, as determined by the Secretary of the Interior, oil and gas 
leasing and substantially full exploration and production of tracts 
that are geologically prospective for oil or natural gas (or both).
    (b) Exceptions.--Subsection (a) shall not apply to any facility, 
transportation corridor, or operating area the construction, operation, 
designation, or maintenance of which is or will be--
            (1) located in an area of the outer Continental Shelf that 
        is unavailable for oil and gas leasing by operation of law;
            (2) used for a military readiness activity (as defined in 
        section 315(f) of Public Law 107-314; 16 U.S.C. 703 note); or
            (3) required in the national interest, as determined by the 
        President.

SEC. 109. REPURCHASE OF CERTAIN LEASES.

    (a) Authority To Repurchase and Cancel Certain Leases.--The 
Secretary of the Interior may repurchase and cancel any Federal oil and 
gas, geothermal, coal, oil shale, tar sands, or other mineral lease, 
whether onshore or offshore, but not including any outer Continental 
Shelf oil and gas leases that were subject to litigation in the Court 
of Federal Claims on January 1, 2006, if the Secretary finds that such 
lease qualifies for repurchase and cancellation under the regulations 
authorized by this section.
    (b) Regulations.--Not later than 365 days after the date of the 
enactment of this Act, the Secretary shall publish a final regulation 
stating the conditions under which a lease referred to in subsection 
(a) would qualify for repurchase and cancellation, and the process to 
be followed regarding such repurchase and cancellation.
    (c) No Prejudice.--This section shall not be interpreted to 
prejudice any other rights that the lessee would have in the absence of 
this section.

SEC. 110. OFFSITE ENVIRONMENTAL MITIGATION.

    Notwithstanding any other provision of law, any person conducting 
activities under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the 
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.), the Mineral 
Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), the Act of 
March 1, 1911 (commonly known as the Weeks Law) (36 Stat. 961; ch. 
186), the Act of May 10, 1872 (commonly known as the General Mining Act 
of 1872) (17 Stat. 91; 30 U.S.C. 22 et seq.), the Act of July 31, 1947 
(commonly known as the Materials Act of 1947) (61 Stat. 681; 30 U.S.C. 
601 et seq.), or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.), may in satisfying any mitigation requirements associated with 
such activities propose mitigation measures on a site away from the 
area impacted, and the Secretary of the Interior shall accept these 
proposed measures if the Secretary finds that they generally achieve 
the purposes for which mitigation measures appertained.

              Subtitle B--Arctic National Wildlife Refuge

SEC. 121. DEFINITIONS.

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

SEC. 122. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.

    (a) In General.--The Secretary shall take such actions as are 
necessary--
            (1) to establish and implement, in accordance with this 
        subtitle and acting through the Director of the Bureau of Land 
        Management in consultation with the Director of the United 
        States Fish and Wildlife Service, a competitive oil and gas 
        leasing program that will result in an environmentally sound 
        program for the exploration, development, and production of the 
        oil and gas resources of the Coastal Plain; and
            (2) to administer the provisions of this subtitle through 
        regulations, lease terms, conditions, restrictions, 
        prohibitions, stipulations, and other provisions that ensure 
        the oil and gas exploration, development, and production 
        activities on the Coastal Plain will result in no significant 
        adverse effect on fish and wildlife, their habitat, subsistence 
        resources, and the environment, including, in furtherance of 
        this goal, by requiring the application of the best 
        commercially available technology for oil and gas exploration, 
        development, and production to all exploration, development, 
        and production operations under this subtitle in a manner that 
        ensures the receipt of fair market value by the public for the 
        mineral resources to be leased.
    (b) Repeal.--
            (1) Repeal.--Section 1003 of the Alaska National Interest 
        Lands Conservation Act (16 U.S.C. 3143) is repealed.
            (2) Conforming amendment.--The table of contents in section 
        1 of such Act is amended in the item relating to section 1003 
        by striking ``Prohibition on development'' and inserting 
        ``Repealed''.
    (c) Compliance With Requirements Under Certain Other Laws.--
            (1) Compatibility.--For purposes of the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
        seq.), the oil and gas leasing program and activities 
        authorized by this section in the Coastal Plain are deemed to 
        be compatible with the purposes for which the Arctic National 
        Wildlife Refuge was established, and no further findings or 
        decisions are required to implement this determination.
            (2) Adequacy of the department of the interior's 
        legislative environmental impact statement.--The ``Final 
        Legislative Environmental Impact Statement'' (April 1987) on 
        the Coastal Plain prepared pursuant to section 1002 of the 
        Alaska National Interest Lands Conservation Act (16 U.S.C. 
        3142) and section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy 
        the requirements under the National Environmental Policy Act of 
        1969 that apply with respect to prelease activities, including 
        actions authorized to be taken by the Secretary to develop and 
        promulgate the regulations for the establishment of a leasing 
        program authorized by this subtitle before the conduct of the 
        first lease sale.
            (3) Compliance with nepa for other actions.--Before 
        conducting the first lease sale under this subtitle, the 
        Secretary shall prepare an environmental impact statement under 
        the National Environmental Policy Act of 1969 with respect to 
        the actions authorized by this subtitle that are not referred 
        to in paragraph (2). Notwithstanding any other law, the 
        Secretary is not required to identify nonleasing alternative 
        courses of action or to analyze the environmental effects of 
        such courses of action. The Secretary shall only identify a 
        preferred action for such leasing and a single leasing 
        alternative, and analyze the environmental effects and 
        potential mitigation measures for those two alternatives. The 
        identification of the preferred action and related analysis for 
        the first lease sale under this subtitle shall be completed not 
        later than 18 months after the date of enactment of this Act. 
        The Secretary shall only consider public comments that 
        specifically address the Secretary's preferred action and that 
        are filed within 20 days after publication of an environmental 
        analysis. Notwithstanding any other law, compliance with this 
        paragraph is deemed to satisfy all requirements for the 
        analysis and consideration of the environmental effects of 
        proposed leasing under this subtitle.
    (d) Relationship to State and Local Authority.--Nothing in this 
subtitle shall be considered to expand or limit State or local 
regulatory authority.
    (e) Special Areas.--
            (1) In general.--The Secretary, after consultation with the 
        State of Alaska, the city of Kaktovik, and the North Slope 
        Borough, may designate up to a total of 45,000 acres of the 
        Coastal Plain as a Special Area if the Secretary determines 
        that the Special Area is of such unique character and interest 
        so as to require special management and regulatory protection. 
        The Secretary shall designate as such a Special Area the 
        Sadlerochit Spring area, comprising approximately 4,000 acres.
            (2) Management.--Each such Special Area shall be managed so 
        as to protect and preserve the area's unique and diverse 
        character, including its fish, wildlife, and subsistence 
        resource values.
            (3) Exclusion from leasing or surface occupancy.--The 
        Secretary may exclude any Special Area from leasing. The 
        Secretary may only lease a Special Area, or any part thereof, 
        for purposes of oil and gas exploration, development, 
        production, or related activities, if there is no surface 
        occupancy of the lands comprising the Special Area.
            (4) Directional drilling.--Notwithstanding the other 
        provisions of this subsection, the Secretary may lease all or a 
        portion of a Special Area under terms that permit the use of 
        horizontal drilling technology from sites on leases located 
        outside the Special Area.
    (f) Limitation on Closed Areas.--The Secretary's sole authority to 
close lands within the Coastal Plain to oil and gas leasing and to 
exploration, development, or production is that authority set forth in 
this subtitle.
    (g) Regulations.--
            (1) In general.--The Secretary shall prescribe such 
        regulations as may be necessary to carry out this subtitle, 
        including rules and regulations relating to protection of the 
        fish and wildlife, their habitat, the subsistence resources, 
        and the environment of the Coastal Plain, by not later than 15 
        months after the date of enactment of this Act.
            (2) Revision of regulations.--The Secretary shall 
        periodically review and, if appropriate, revise the rules and 
        regulations issued under subsection (a) to reflect any 
        significant biological, environmental, or engineering data that 
        come to the Secretary's attention.

SEC. 123. LEASE SALES.

    (a) In General.--Lands may be leased pursuant to this subtitle to 
any person qualified to obtain a lease for deposits of oil and gas 
under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
    (b) Procedures.--The Secretary shall, by regulation, establish 
procedures for--
            (1) receipt and consideration of sealed nominations for any 
        area in the Coastal Plain for inclusion in, or exclusion (as 
        provided in subsection (c)) from, a lease sale;
            (2) the holding of lease sales after such nomination 
        process; and
            (3) public notice of and comment on designation of areas to 
        be included in, or excluded from, a lease sale.
    (c) Lease Sale Bids.--Bidding for leases under this subtitle shall 
be by sealed competitive cash bonus bids.
    (d) Acreage Minimum in First Sale.--In the first lease sale under 
this subtitle, the Secretary shall offer for lease those tracts the 
Secretary considers to have the greatest potential for the discovery of 
hydrocarbons, taking into consideration nominations received pursuant 
to subsection (b)(1), but in no case less than 200,000 acres.
    (e) Timing of Lease Sales.--The Secretary shall--
            (1) conduct the first lease sale under this subtitle not 
        later than 22 months after the date of the enactment of this 
        Act;
            (2) evaluate the bids in such sale and issue leases 
        resulting from such sale, not later than 90 days after the date 
        of the completion of such sale; and
            (3) conduct additional sales so long as sufficient interest 
        in development exists to warrant, in the Secretary's judgment, 
        the conduct of such sales.

SEC. 124. GRANT OF LEASES BY THE SECRETARY.

    (a) In General.--The Secretary may grant to the highest responsible 
qualified bidder in a lease sale conducted pursuant to section 123 any 
lands to be leased on the Coastal Plain upon payment by the lessee of 
such bonus as may be accepted by the Secretary.
    (b) Subsequent Transfers.--No lease issued under this subtitle may 
be sold, exchanged, assigned, sublet, or otherwise transferred except 
with the approval of the Secretary. Prior to any such approval, the 
Secretary shall consult with, and give due consideration to the views 
of, the Attorney General.

SEC. 125. LEASE TERMS AND CONDITIONS.

    An oil or gas lease issued pursuant to this subtitle shall--
            (1) provide for the payment of a royalty of not less than 
        12\1/2\ percent in amount or value of the production removed or 
        sold from the lease, as determined by the Secretary under the 
        regulations applicable to other Federal oil and gas leases;
            (2) provide that the Secretary may close, on a seasonal 
        basis, portions of the Coastal Plain to exploratory drilling 
        activities as necessary to protect caribou calving areas and 
        other species of fish and wildlife;
            (3) require that the lessee of lands within the Coastal 
        Plain shall be fully responsible and liable for the reclamation 
        of lands within the Coastal Plain and any other Federal lands 
        that are adversely affected in connection with exploration, 
        development, production, or transportation activities conducted 
        under the lease and within the Coastal Plain by the lessee or 
        by any of the subcontractors or agents of the lessee;
            (4) provide that the lessee may not delegate or convey, by 
        contract or otherwise, the reclamation responsibility and 
        liability to another person without the express written 
        approval of the Secretary;
            (5) provide that the standard of reclamation for lands 
        required to be reclaimed under this subtitle shall be, as 
        nearly as practicable, a condition capable of supporting the 
        uses which the lands were capable of supporting prior to any 
        exploration, development, or production activities, or upon 
        application by the lessee, to a higher or better use as 
        approved by the Secretary;
            (6) provide that the lessee, its agents, and its 
        contractors use best efforts to provide a fair share, as 
        determined by the level of obligation previously agreed to in 
        the 1974 agreement implementing section 29 of the Federal 
        Agreement and Grant of Right of Way for the Operation of the 
        Trans-Alaska Pipeline, of employment and contracting for Alaska 
        Natives and Alaska Native Corporations from throughout the 
        State;
            (7) prohibit the export of oil produced under the lease; 
        and
            (8) contain such other provisions as the Secretary 
        determines necessary to ensure compliance with the provisions 
        of this subtitle and the regulations issued under this 
        subtitle.

SEC. 126. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

    (a) No Significant Adverse Effect Standard To Govern Authorized 
Coastal Plain Activities.--The Secretary shall, consistent with the 
requirements of section 122, administer the provisions of this subtitle 
through regulations, lease terms, conditions, restrictions, 
prohibitions, stipulations, and other provisions that--
            (1) ensure the oil and gas exploration, development, and 
        production activities on the Coastal Plain will result in no 
        significant adverse effect on fish and wildlife, their habitat, 
        and the environment;
            (2) require the application of the best commercially 
        available technology for oil and gas exploration, development, 
        and production on all new exploration, development, and 
        production operations; and
            (3) ensure that the maximum amount of surface acreage 
        covered by production and support facilities, including 
        airstrips and any areas covered by gravel berms or piers for 
        support of pipelines, does not exceed 2,000 acres on the 
        Coastal Plain.
    (b) Site-Specific Assessment and Mitigation.--The Secretary shall 
also require, with respect to any proposed drilling and related 
activities, that--
            (1) a site-specific analysis be made of the possible 
        significant adverse effects, if any, that the drilling or 
        related activities will have on fish and wildlife, their 
        habitat, subsistence resources, and the environment;
            (2) if the analysis under paragraph (1) results in a 
        finding that a significant adverse effect prohibited by 
        subsection (a)(1) is likely to occur as a result of the 
        proposed drilling or related activity, a plan be developed and 
        implemented to avoid, minimize, and mitigate (in that order and 
        to the extent practicable) the significant adverse effect in 
        order to comply with such subsection; and
            (3) the development of a plan under paragraph (2) shall 
        occur after consultation with the agency or agencies having 
        jurisdiction over matters covered by the plan.
    (c) Regulations To Protect Coastal Plain Fish and Wildlife 
Resources, Subsistence Users, and the Environment.--Before implementing 
the leasing program authorized by this subtitle, the Secretary shall 
prepare and promulgate regulations, lease terms, conditions, 
restrictions, prohibitions, stipulations, and other measures designed 
to ensure that the activities undertaken on the Coastal Plain under 
this subtitle are conducted in a manner consistent with the purposes 
and environmental requirements of this subtitle.
    (d) Compliance With Federal and State Environmental Laws and Other 
Requirements.--The proposed regulations, lease terms, conditions, 
restrictions, prohibitions, and stipulations for the leasing program 
under this subtitle shall require compliance with all applicable 
provisions of Federal and State environmental law, and shall also 
require the following:
            (1) Standards at least as effective as the safety and 
        environmental mitigation measures set forth in items 1 through 
        29 at pages 167 through 169 of the ``Final Legislative 
        Environmental Impact Statement'' (April 1987) on the Coastal 
        Plain.
            (2) Seasonal limitations on exploration, development, and 
        related activities, where necessary, to avoid significant 
        adverse effects during periods of concentrated fish and 
        wildlife breeding, denning, nesting, spawning, and migration.
            (3) That exploration activities, except for surface 
        geological studies, be limited to the period between 
        approximately November 1 and May 1 each year and that 
        exploration activities shall be supported, if necessary, by ice 
        roads, winter trails with adequate snow cover, ice pads, ice 
        airstrips, and air transport methods, except that such 
        exploration activities may occur at other times if the 
        Secretary finds that such exploration will have no significant 
        adverse effect on the fish and wildlife, their habitat, and the 
        environment of the Coastal Plain.
            (4) Design safety and construction standards for all 
        pipelines and any access and service roads, that--
                    (A) minimize, to the maximum extent possible, 
                adverse effects upon the passage of migratory species 
                such as caribou; and
                    (B) minimize adverse effects upon the flow of 
                surface water by requiring the use of culverts, 
                bridges, and other structural devices.
            (5) Prohibitions on general public access and use on all 
        pipeline access and service roads.
            (6) Stringent reclamation and rehabilitation requirements, 
        consistent with the standards set forth in this subtitle, 
        requiring the removal from the Coastal Plain of all oil and gas 
        development and production facilities, structures, and 
        equipment upon completion of oil and gas production operations, 
        except that the Secretary may exempt from the requirements of 
        this paragraph those facilities, structures, or equipment that 
        the Secretary determines would assist in the management of the 
        Arctic National Wildlife Refuge and that are donated to the 
        United States for that purpose.
            (7) Appropriate prohibitions or restrictions on access by 
        all modes of transportation.
            (8) Appropriate prohibitions or restrictions on sand and 
        gravel extraction.
            (9) Consolidation of facility siting.
            (10) Appropriate prohibitions or restrictions on use of 
        explosives.
            (11) Avoidance, to the extent practicable, of springs, 
        streams, and river systems; the protection of natural surface 
        drainage patterns, wetlands, and riparian habitats; and the 
        regulation of methods or techniques for developing or 
        transporting adequate supplies of water for exploratory 
        drilling.
            (12) Avoidance or minimization of air traffic-related 
        disturbance to fish and wildlife.
            (13) Treatment and disposal of hazardous and toxic wastes, 
        solid wastes, reserve pit fluids, drilling muds and cuttings, 
        and domestic wastewater, including an annual waste management 
        report, a hazardous materials tracking system, and a 
        prohibition on chlorinated solvents, in accordance with 
        applicable Federal and State environmental law.
            (14) Fuel storage and oil spill contingency planning.
            (15) Research, monitoring, and reporting requirements.
            (16) Field crew environmental briefings.
            (17) Avoidance of significant adverse effects upon 
        subsistence hunting, fishing, and trapping by subsistence 
        users.
            (18) Compliance with applicable air and water quality 
        standards.
            (19) Appropriate seasonal and safety zone designations 
        around well sites, within which subsistence hunting and 
        trapping shall be limited.
            (20) Reasonable stipulations for protection of cultural and 
        archeological resources.
            (21) All other protective environmental stipulations, 
        restrictions, terms, and conditions deemed necessary by the 
        Secretary.
    (e) Considerations.--In preparing and promulgating regulations, 
lease terms, conditions, restrictions, prohibitions, and stipulations 
under this section, the Secretary shall consider the following:
            (1) The stipulations and conditions that govern the 
        National Petroleum Reserve-Alaska leasing program, as set forth 
        in the 1999 Northeast National Petroleum Reserve-Alaska Final 
        Integrated Activity Plan/Environmental Impact Statement.
            (2) The environmental protection standards that governed 
        the initial Coastal Plain seismic exploration program under 
        parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
            (3) The land use stipulations for exploratory drilling on 
        the KIC-ASRC private lands that are set forth in appendix 2 of 
        the August 9, 1983, agreement between Arctic Slope Regional 
        Corporation and the United States.
    (f) Facility Consolidation Planning.--
            (1) In general.--The Secretary shall, after providing for 
        public notice and comment, prepare and update periodically a 
        plan to govern, guide, and direct the siting and construction 
        of facilities for the exploration, development, production, and 
        transportation of Coastal Plain oil and gas resources.
            (2) Objectives.--The plan shall have the following 
        objectives:
                    (A) Avoiding unnecessary duplication of facilities 
                and activities.
                    (B) Encouraging consolidation of common facilities 
                and activities.
                    (C) Locating or confining facilities and activities 
                to areas that will minimize impact on fish and 
                wildlife, their habitat, and the environment.
                    (D) Utilizing existing facilities wherever 
                practicable.
                    (E) Enhancing compatibility between wildlife values 
                and development activities.
    (g) Access to Public Lands.--The Secretary shall--
            (1) manage public lands in the Coastal Plain 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 lands in the Coastal Plain for traditional 
        uses.

SEC. 127. EXPEDITED JUDICIAL REVIEW.

    (a) Filing of Complaint.--
            (1) Deadline.--Subject to paragraph (2), any complaint 
        seeking judicial review of any provision of this subtitle or 
        any action of the Secretary under this subtitle shall be 
        filed--
                    (A) except as provided in subparagraph (B), within 
                the 60-day period beginning on the date of the action 
                being challenged; or
                    (B) in the case of a complaint based solely on 
                grounds arising after such period, within 60 days after 
                the complainant knew or reasonably should have known of 
                the grounds for the complaint.
            (2) Venue.--Any complaint seeking judicial review of any 
        provision of this subtitle or any action of the Secretary under 
        this subtitle may be filed only in the United States District 
        Court for the District of Columbia.
            (3) Limitation on scope of certain review.--Judicial review 
        of a Secretarial decision to conduct a lease sale under this 
        subtitle, including the environmental analysis thereof, shall 
        be limited to whether the Secretary has complied with the terms 
        of this subtitle and shall be based upon the administrative 
        record of that decision. The Secretary's identification of a 
        preferred course of action to enable leasing to proceed and the 
        Secretary's analysis of environmental effects under this 
        subtitle shall be presumed to be correct unless shown otherwise 
        by clear and convincing evidence to the contrary.
    (b) Limitation on Other Review.--Actions of the Secretary with 
respect to which review could have been obtained under this section 
shall not be subject to judicial review in any civil or criminal 
proceeding for enforcement.

SEC. 128. FEDERAL AND STATE DISTRIBUTION OF REVENUES.

    (a) In General.--Notwithstanding any other provision of law, of the 
amount of adjusted bonus, rental, and royalty revenues from Federal oil 
and gas leasing and operations authorized under this subtitle--
            (1) 50 percent shall be paid to the State of Alaska; and
            (2) except as provided in section 131(d), the balance shall 
        be transferred to the American-Made Energy Trust Fund 
        established in section 9512 of the Internal Revenue Code of 
        1986 (as added by title II).
    (b) Payments to Alaska.--Payments to the State of Alaska under this 
section shall be made semiannually.

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

    (a) In General.--The Secretary shall issue rights-of-way and 
easements across the Coastal Plain for the transportation of oil and 
gas--
            (1) except as provided in paragraph (2), under section 28 
        of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
        title XI of the Alaska National Interest Lands Conservation Act 
        (30 U.S.C. 3161 et seq.); and
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (30 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170 and 3171).
    (b) Terms and Conditions.--The Secretary shall include in any 
right-of-way or easement issued under subsection (a) such terms and 
conditions as may be necessary to ensure that transportation of oil and 
gas does not result in a significant adverse effect on the fish and 
wildlife, subsistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be sited or 
designed so as to avoid unnecessary duplication of roads and pipelines.
    (c) Regulations.--The Secretary shall include in regulations under 
section 122(g) provisions regarding the granting of rights-of-way and 
easements described in subsection (a) of this section.

SEC. 130. CONVEYANCE.

    In order to maximize Federal revenues by removing clouds on title 
to lands and clarifying land ownership patterns within the Coastal 
Plain, the Secretary, notwithstanding the provisions of section 
1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3192(h)(2)), shall convey--
            (1) to the Kaktovik Inupiat Corporation the surface estate 
        of the lands described in paragraph 1 of Public Land Order 
        6959, to the extent necessary to fulfill the Corporation's 
        entitlement under sections 12 and 14 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance 
        with the terms and conditions of the Agreement between the 
        Department of the Interior, the United States Fish and Wildlife 
        Service, the Bureau of Land Management, and the Kaktovik 
        Inupiat Corporation effective January 22, 1993; and
            (2) to the Arctic Slope Regional Corporation the remaining 
        subsurface estate to which it is entitled pursuant to the 
        August 9, 1983, agreement between the Arctic Slope Regional 
        Corporation and the United States of America.

SEC. 131. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.

    (a) Financial Assistance Authorized.--
            (1) In general.--The Secretary may use amounts available 
        from the Coastal Plain Local Government Impact Aid Assistance 
        Fund established by subsection (d) to provide timely financial 
        assistance to entities that are eligible under paragraph (2) 
        and that are directly impacted by the exploration for or 
        production of oil and gas on the Coastal Plain under this 
        subtitle.
            (2) Eligible entities.--The North Slope Borough, the city 
        of Kaktovik, and any other borough, municipal subdivision, 
        village, or other community in the State of Alaska that is 
        directly impacted by exploration for, or the production of, oil 
        or gas on the Coastal Plain under this subtitle, as determined 
        by the Secretary, shall be eligible for financial assistance 
        under this section.
    (b) Use of Assistance.--Financial assistance under this section may 
be used only for--
            (1) planning for mitigation of the potential effects of oil 
        and gas exploration and development on environmental, social, 
        cultural, recreational, and subsistence values;
            (2) implementing mitigation plans and maintaining 
        mitigation projects;
            (3) developing, carrying out, and maintaining projects and 
        programs that provide new or expanded public facilities and 
        services to address needs and problems associated with such 
        effects, including firefighting, police, water, waste 
        treatment, medivac, and medical services; and
            (4) establishment of a coordination office, by the North 
        Slope Borough, in the city of Kaktovik, which shall--
                    (A) coordinate with and advise developers on local 
                conditions, impact, and history of the areas utilized 
                for development; and
                    (B) provide to the Committee on Natural Resources 
                of the House of Representatives and the Committee on 
                Energy and Natural Resources of the Senate an annual 
                report on the status of coordination between developers 
                and the communities affected by development.
    (c) Application.--
            (1) In general.--Any community that is eligible for 
        assistance under this section may submit an application for 
        such assistance to the Secretary, in such form and under such 
        procedures as the Secretary may prescribe by regulation.
            (2) North slope borough communities.--A community located 
        in the North Slope Borough may apply for assistance under this 
        section either directly to the Secretary or through the North 
        Slope Borough.
            (3) Application assistance.--The Secretary shall work 
        closely with and assist the North Slope Borough and other 
        communities eligible for assistance under this section in 
        developing and submitting applications for assistance under 
        this section.
    (d) Establishment of Fund.--
            (1) In general.--There is established in the Treasury the 
        Coastal Plain Local Government Impact Aid Assistance Fund.
            (2) Use.--Amounts in the fund may be used only for 
        providing financial assistance under this section.
            (3) Deposits.--Subject to paragraph (4), there shall be 
        deposited into the fund amounts received by the United States 
        as revenues derived from adjusted bonus, rental, and royalty 
        revenues from Federal oil and gas leasing and operations 
        authorized under this subtitle.
            (4) Limitation on deposits.--The total amount in the fund 
        may not exceed $11,000,000.
            (5) Investment of balances.--The Secretary of the Treasury 
        shall invest amounts in the fund in interest-bearing government 
        securities.
    (e) Authorization of Appropriations.--To provide financial 
assistance under this section, there is authorized to be appropriated 
to the Secretary from the Coastal Plain Local Government Impact Aid 
Assistance Fund $5,000,000 for each fiscal year.

                         Subtitle C--Oil Shale

SEC. 141. OIL SHALE.

    (a) Findings.--The Congress finds the following:
            (1) The Office of Naval Petroleum and Oil Shale Reserves at 
        the Department of Energy has estimated that oil shale resources 
        located on Federal lands hold 2 trillion undiscovered 
        technically recoverable barrels of oil.
            (2) Oil shale is a strategically important domestic 
        resource that should be developed to reduce the growing 
        dependence of the United States on politically and economically 
        unstable sources of foreign oil imports.
            (3) The development of oil shale for research and 
        commercial development should be conducted in an 
        environmentally sound manner, using practices that minimize 
        impacts.
            (4) Development of such strategic unconventional fuel 
        should occur, with an emphasis on sustainability, to benefit 
        the United States while taking into account affected States and 
        communities.
            (5) Oil shale is one of the best resources available for 
        advancing American technology and creating American jobs.
            (6) Oil shale will be a critically important component of 
        the Nation's transportation fuel sector in particular, by 
        providing a secure domestic source of aviation fuel for both 
        commercial and military uses.
    (b) Additional Research and Development Lease Sales.--The Secretary 
of the Interior shall hold a lease sale not later than 180 days after 
the date of enactment of this Act offering an additional 10 parcels for 
lease for research, development, and demonstration of oil shale 
resources, under the terms offered in the solicitation of bids for such 
leases published on January 15, 2009 (74 Fed. Reg. 2611).
    (c) Application of Regulations.--The oil shale management final 
rules published by the Department of the Interior on November 18, 2008 
(73 Fed. Reg. 69414), shall apply to all commercial leasing for the 
management of federally owned oil shale, and any associated minerals, 
located on Federal lands.
    (d) Reduced Payments To Ensure Production.--The Secretary of the 
Interior may temporarily reduce royalties, fees, rentals, bonus bids, 
or other payments for leases of Federal lands for the development and 
production of oil shale resources as necessary to give incentives for 
and encourage development of such resources, if the Secretary 
determines that the royalties, fees, rentals, bonus bids, and other 
payments otherwise authorized by law are hindering production of such 
resources.

                       Subtitle D--Coal-to-Liquid

SEC. 151. DEVELOPMENT AND OPERATION OF FACILITIES.

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

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

    For purposes of this subtitle:
            (1) Coal-to-liquid fuel.--The term ``coal-to-liquid fuel'' 
        means any transportation-grade liquid fuel derived primarily 
        from coal (including peat).
            (2) Qualified coal-to-liquid facility.--The term 
        ``qualified coal-to-liquid facility'' means a manufacturing 
        facility that has the capacity to produce at least 10,000 
        barrels per day of coal-to-liquid fuel from a feedstock that is 
        primarily domestic coal (including peat and any property which 
        allows for the capture, transportation, or sequestration of 
        byproducts resulting from such process, including carbon 
        emissions).

SEC. 153. REPEAL.

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

                          Subtitle E--Nuclear

SEC. 161. FINDINGS AND POLICY.

    (a) Findings.--The Congress finds that--
            (1) there are 104 nuclear reactors currently operating in 
        the United States, providing 20 percent of the electricity of 
        the United States, slightly less than the electricity generated 
        by natural gas;
            (2) nuclear energy is the largest provider of clean, low-
        carbon electricity, almost 8 times larger than all renewable 
        power production combined, excluding hydroelectric power;
            (3) nuclear power is responsible for 72 percent of 
        emission-free electricity production in the United States and 
        is an essential tool for greenhouse gas reduction;
            (4) nuclear power plants virtually eliminate emissions of 
        greenhouse gases and criteria pollutants associated with acid 
        rain, smog, or ozone;
            (5) nuclear energy supplies consistent, baseload 
        electricity, independent of environmental conditions;
            (6) nuclear power is a safe, reliable, efficient, and 
        affordable source of energy;
            (7) between 1960 and 1980, the Nuclear Regulatory 
        Commission issued 169 permits to construct nuclear power 
        facilities;
            (8) even if every nuclear power plant is granted a 20-year 
        extension, all currently operating nuclear power plants will be 
        retired by 2055;
            (9) long lead times for nuclear power plant licensing, 
        permitting, and construction indicate that action to stimulate 
        the nuclear power industry should not be delayed;
            (10) there are 17 combined operating license applications 
        currently pending before the Nuclear Regulatory Commission for 
        26 new reactors in the United States, with 4 applications 
        inactive due to regulatory uncertainty;
            (11) those proposed reactors will use the latest in nuclear 
        technology for efficiency and safety, more advanced than the 
        technology of the 1960s and 1970s found in the reactors 
        currently operating in the United States;
            (12) increasing nuclear power threefold will create 480,000 
        construction jobs, 140,000 permanent jobs, and $20,000,000,000 
        in local, State, and Federal tax revenue each year;
            (13) increasing nuclear power threefold will reduce 
        electricity-based carbon dioxide emissions by 1,400,000,000 
        metric tons annually and will reduce carbon emissions by 65 
        percent from current emissions levels by 2050;
            (14) increasing nuclear power threefold will produce 320 
        gigawatts of electricity to power 237,000,000 households and 
        constitute 52 percent of the United States electricity 
        portfolio by 2030;
            (15) the Nuclear Waste Policy Act of 1982 requires the 
        Federal Government to take ownership of high-level radioactive 
        waste and spent nuclear fuel and build a permanent geologic 
        repository in which to store this waste;
            (16) the Nuclear Waste Policy Act of 1982, as amended in 
        1987, selected the Yucca Mountain site to be the sole geologic 
        repository in which to store high-level radioactive waste and 
        spent nuclear fuel;
            (17) the Congress reaffirmed Yucca Mountain as the sole 
        candidate site for a geologic repository in 2001;
            (18) despite the foregoing laws, the Government has failed 
        to accept high-level radioactive waste and spent nuclear fuel 
        from utilities and has delayed construction of the Yucca 
        Mountain repository;
            (19) failure to accept high-level radioactive waste and 
        spent nuclear fuel has led to more than 74 lawsuits filed by 
        utilities against the Government, $1 billion in settlements 
        being paid, and an estimated $16.2 billion in potential 
        liabilities to settle remaining lawsuits;
            (20) each year the Government refuses to accept high-level 
        radioactive waste and spent nuclear fuel adds an estimated 
        $500,000,000 in additional liabilities associated with future 
        lawsuits;
            (21) the failure of the Federal Government to accept high-
        level radioactive waste and spent nuclear fuel from utilities 
        is a significant barrier to the future development of 
        additional nuclear power;
            (22) the United States has 58,000 tons of radiological 
        material stored at more than 100 sites in 39 States;
            (23) the 104 commercial nuclear reactors operating in the 
        United States produce approximately 2,000 tons of spent nuclear 
        fuel every year;
            (24) the Yucca Mountain repository's capacity is 
        statutorily limited to 70,000 tons of waste but can safely hold 
        120,000 tons;
            (25) operators who have paid into the Nuclear Waste Fund 
        have been denied access to permanent storage of radiological 
        material as promised by the Federal Government;
            (26) permanent geologic storage capacity is a finite 
        resource on which the industry depends; and
            (27) operators have the technical expertise to develop new 
        and more efficient processes of disposing of new radiological 
        material.
    (b) Statement of Policy.--It is the policy of the United States, 
given the importance of making a transition to a clean energy, low-
carbon economy, to facilitate the continued development and growth of a 
safe and clean nuclear energy industry through reductions in financial, 
regulatory, and technical barriers to construction and operation.

SEC. 162. 200 OPERATING PERMITS BY 2040.

    Subject to the requirements of this subtitle and in accordance with 
existing law, the Nuclear Regulatory Commission shall issue operating 
permits for 200 new commercial nuclear reactors, enough to triple 
current megawatt capacity, by 2040, if there are a sufficient number of 
qualified applicants.

SEC. 163. REPEAL OF OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

    Section 304 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10224) is repealed.

SEC. 164. RADIOLOGICAL MATERIAL REPOSITORY.

    (a) Repository Required.--The Federal Government shall site and 
permit at least one radiological material geologic repository for the 
disposal of radiological material.
    (b) Yucca Mountain.--
            (1) In general.--The repository site at Yucca Mountain 
        shall remain the site for the Nation's radiological material 
        repository unless it is determined unsuitable, based on 
        technical and scientific analysis, by the Nuclear Regulatory 
        Commission following full statutory review of the Department of 
        Energy's license application to construct the Yucca Mountain 
        repository.
            (2) Application.--The Nuclear Regulatory Commission shall 
        continue to review the Department of Energy's pending license 
        application to construct the repository at Yucca Mountain until 
        a determination is made on the merits of the application.
            (3) Deadlines.--
                    (A) Suitability determination.--Not later than 90 
                days after the enactment of this Act, the Nuclear 
                Regulatory Commission shall make a determination 
                regarding the suitability of Yucca Mountain under 
                paragraph (1).
                    (B) Action on application.--Not later than 180 days 
                after the enactment of this Act, the Nuclear Regulatory 
                Commission shall approve or deny the application under 
                paragraph (2).
            (4) Limitations on amount of radiological material.--All 
        statutory limitations on the amount of radiological material 
        that can be placed in Yucca Mountain are hereby removed and 
        shall be replaced by the Nuclear Regulatory Commission with new 
        limits based on scientific and technical analysis of the full 
        capacity of Yucca Mountain for the storage of radiological 
        material.
    (c) Alternative Repository.--
            (1) In general.--Should the Nuclear Regulatory Commission 
        determine under subsection (b) that Yucca Mountain is not a 
        suitable location to place a radiological material repository, 
        the Secretary shall be responsible for, not later than 1 year 
        after the date on which such determination is made, locating 
        and submitting an application for an alternative geologic 
        repository that provides at least 120,000 tons of storage 
        capacity.
            (2) Action on application.--Not later than 2 years after 
        the date on which an application is submitted under paragraph 
        (1) or (3), the Nuclear Regulatory Commission shall approve or 
        deny such application.
            (3) Further application submissions.--If an application is 
        denied under paragraph (2), the Secretary shall submit a new 
        application in accordance with paragraph (1) not later than 1 
        year after the date of such denial.
            (4) Requirements.--For the purposes of this subtitle and 
        the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), 
        an alternative repository permitted under this subsection shall 
        be subject to the same requirements as Yucca Mountain.

SEC. 165. INDEPENDENT RADIOLOGICAL MATERIAL MANAGEMENT.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Energy shall submit to Congress a report 
regarding the following:
            (1) The feasibility of establishing an independent 
        radiological material management program that would meet the 
        guidelines in subsection (b).
            (2) Legislative and regulatory action necessary to phase 
        out the fee structure contained in section 302 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10222) in order to allow a 
        fee structure described in subsection (b)(5)(F) to be 
        implemented if a program meeting the guidelines in subsection 
        (b) is established.
    (b) Guidelines.--
            (1) In general.--Under a program established in accordance 
        with this subsection, the Secretary may award a contract, based 
        on a competitive bidding process, to an eligible entity to 
        manage the Nation's activities related to one or more 
        radiological material repositories.
            (2) Eligible entity.--For the purposes of this subsection, 
        the term ``eligible entity'' means a non-Federal organization 
        that demonstrates the ability to meet the requirements of a 
        program established in accordance with this subsection.
            (3) Application contents.--The Secretary may require an 
        eligible entity seeking to be awarded a contract under a 
        program established in accordance with this subsection to 
        submit to the Secretary an application containing the 
        following:
                    (A) A complete description of the fee structure the 
                eligible entity will use to fund the maintenance and 
                operation of repositories, in accordance with paragraph 
                (5)(F).
                    (B) Such other materials as the Secretary may 
                require.
            (4) Transfer of control.--The Secretary may transfer to an 
        eligible entity awarded a contract under a program established 
        in accordance with this subsection control and ownership of all 
        Nuclear Regulatory Commission-issued licenses, allowances, and 
        responsibilities necessary for the operation of the nuclear 
        materials repository at Yucca Mountain.
            (5) Responsibilities.--The Secretary may require an 
        eligible entity awarded a contract under a program established 
        in accordance with this subsection to be responsible for the 
        following:
                    (A) Providing technical and other information to 
                the Nuclear Regulatory Commission as it reviews the 
                Department of Energy's permit application for the Yucca 
                Mountain repository.
                    (B) Seeking all other necessary regulatory 
                approvals and permits to construct and operate the 
                Yucca Mountain repository.
                    (C) Managing construction of one or more 
                radiological material repositories upon Nuclear 
                Regulatory Commission approval, including conducting 
                all necessary design and engineering work to support 
                construction of the repository.
                    (D) Radiological material repository operations.
                    (E) Undertaking all infrastructure activities 
                necessary to support the construction or operation of 
                the repository or transportation to the site of 
                radiological material, including--
                            (i) safety upgrades;
                            (ii) site preparation;
                            (iii) construction of a rail line to 
                        connect the repository site with the national 
                        rail network, including any facilities to 
                        facilitate rail operations; and
                            (iv) construction, upgrade, acquisition, or 
                        operation of electrical grids or facilities, 
                        other utilities, communication facilities, 
                        access roads, rail lines, and nonnuclear 
                        support facilities.
                    (F) Creating a fee structure for the geologic 
                storage of radiological material. The fees may not 
                exceed the amount necessary to maintain and operate 
                repositories and shall be the primary mechanism for 
                accessing repositories, and in setting the fees the 
                eligible entity shall take into consideration multiple 
                variables, including--
                            (i) volume;
                            (ii) toxicity;
                            (iii) heat load; and
                            (iv) repository operation costs.
    (c) Congressional Authorization Required.--The Secretary may not 
establish an independent radiological material management program under 
this section unless authorized by a law enacted after the date of 
enactment of this Act.

SEC. 166. SPENT NUCLEAR FUEL RECYCLING.

    (a) Prohibition.--The President is prohibited from blocking or 
hindering spent nuclear fuel recycling activities.
    (b) Rulemaking for Licensing of Spent Nuclear Fuel Recycling 
Facilities.--Not later than 2 years after the date of enactment of this 
Act, the Chairman of the Nuclear Regulatory Commission shall complete a 
rulemaking establishing a process for the licensing by the Nuclear 
Regulatory Commission, under the Atomic Energy Act of 1954, of 
facilities for the recycling of spent nuclear fuel.

SEC. 167. NUCLEAR FUEL SUPPLY RESERVE.

    (a) Inventory.--The Secretary of Energy shall conduct an inventory 
of all materials owned by the Department of Energy that could, either 
without or with further processing, be used to power commercial nuclear 
reactors.
    (b) Establishment of Reserve.--The Secretary shall establish a 
nuclear fuel supply reserve consisting of materials identified as 
available for such purposes from the inventory conducted under 
subsection (a). The Secretary shall establish appropriate procedures to 
ensure that the reserve can protect United States energy producers from 
shortages of nuclear fuel.
    (c) Plan.--The Secretary shall transmit to the Congress a long-term 
plan for introducing nuclear fuel supplies from the reserve into the 
market.

SEC. 168. PUBLIC HEALTH AND SAFETY.

    Nothing in this title shall supersede, mitigate, detract from, or 
in any way decrease the Nuclear Regulatory Commission's ability to 
maintain the highest possible levels of public health and safety 
standards, consistent with the provisions of the Atomic Energy Act of 
1954. No authority granted by this title shall be executed in a manner 
that jeopardizes, minimizes, reduces, or lessens public health and 
safety standards.

SEC. 169. STREAMLINING COMBINED CONSTRUCTION AND OPERATING LICENSE.

    (a) In General.--The Nuclear Regulatory Commission shall establish 
and implement an expedited procedure for issuing a Combined 
Construction and Operating License.
    (b) Qualifications.--To qualify for the expedited procedure under 
this section, an applicant shall--
            (1) apply for construction of a reactor based on a design 
        certified (or provisionally certified under section 170) by the 
        Nuclear Regulatory Commission;
            (2) construct the new reactor on or adjacent to a site 
        where an operating nuclear power plant already exists;
            (3) not be subject to a Nuclear Regulatory Commission order 
        to modify, suspend, or revoke a license under section 2.202 of 
        title 10, Code of Federal Regulations; and
            (4) submit a complete Combined Construction and Operating 
        License application that is docketed by the Commission.
    (c) Expedited Procedure.--With respect to a license for which the 
applicant has satisfied the requirements of subsection (b) and seeks 
expedited consideration, the Nuclear Regulatory Commission shall follow 
the following procedures:
            (1) Undertake an expedited environmental review process and 
        issue a draft environmental impact statement not later than 12 
        months after the application is accepted for docketing.
            (2) Begin public licensing hearings when a draft 
        environmental impact statement has been issued, and complete 
        any such hearings and related processes not later than 24 
        months after accepting for docketing the expedited Combined 
        Construction and Operating License application.
            (3) Complete the technical review process and issue the 
        Safety Evaluation Report and the final environmental impact 
        statement not later than 18 months after the application is 
        accepted for docketing.
            (4) Make a final decision on whether to issue the Combined 
        Construction and Operating License not later than 25 months 
        after docketing the application.
    (d) Goals.--The Chairman of the Nuclear Regulatory Commission shall 
present recommendations to Congress not later than 90 days after the 
date of enactment of this Act for procedures that would further 
facilitate the licensing of new nuclear reactors in a timely manner.

SEC. 170. REACTOR DESIGN CERTIFICATION.

    (a) Provisional Certification.--
            (1) Authority.--The Nuclear Regulatory Commission may 
        provide to an applicant a provisional certification of a 
        proposed nuclear reactor design.
            (2) Effect of provisional certification.--Approval of a 
        provisional design certification under this subsection shall 
        not eliminate, reduce, or otherwise affect any requirement for 
        reactor design approval or certification by the Nuclear 
        Regulatory Commission or any other agency under Federal law.
            (3) Timing.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a provisional certification shall be provided or 
                denied under this subsection not later than 60 days 
                after the date of application therefor.
                    (B) Extension.--The Nuclear Regulatory Commission 
                may extend the time period under subparagraph (A) for 
                an additional 30 days if necessary to enable 
                certification.
            (4) Criteria.--In determining whether to approve a 
        provisional certification application under this subsection, 
        the Nuclear Regulatory Commission shall consider whether the 
        proposed design--
                    (A) is based on existing and commercially proven 
                technology;
                    (B) has been approved by internationally recognized 
                regulators; and
                    (C) is safely operating or under construction in 
                other nations.
            (5) Supplemental information.--An application for 
        provisional certification under this subsection may include 
        supplemental information provided by potential future 
        applicants for approval of the same or a similar design.
    (b) Expedited Certification Process.--Not later than one year after 
the date of enactment of this Act, the Chairman of the Nuclear 
Regulatory Commission shall develop and submit to the Congress an 
expedited process for certifying reactor designs, including those 
designs under consideration for certification by the Commission on the 
date of enactment of this Act, that significantly reduces the time 
necessary to achieve such certification.

SEC. 171. TECHNOLOGY-NEUTRAL PLANT DESIGN SPECIFICATIONS.

    Not later than one year after the date of enactment of this Act, 
the Chairman of the Nuclear Regulatory Commission shall submit to the 
Congress a report regarding recommendations for the development of 
technology-neutral plant design specifications.

SEC. 172. ADDITIONAL FUNDING AND PERSONNEL RESOURCES.

    Not later than 90 days after the date of enactment of this Act, the 
Chairman of the Nuclear Regulatory Commission shall transmit to the 
Congress a request for such additional funding and personnel resources 
as are necessary to carry out sections 169 through 171 without delaying 
consideration of applications for Combined Construction and Operating 
Licenses or reactor design certifications not subject to expedited 
procedures under this title.

SEC. 173. NATIONAL NUCLEAR ENERGY COUNCIL.

    (a) In General.--
            (1) The Secretary of Energy shall establish a National 
        Nuclear Energy Council (in this section referred to as the 
        ``Council'').
            (2) The Council shall be subject to the requirements of the 
        Federal Advisory Committee Act (5 U.S.C. App.).
    (b) Purpose.--The Council--
            (1) shall serve in an advisory capacity to the Secretary 
        regarding nuclear energy on matters submitted to the Council by 
        the Secretary;
            (2) shall advise, inform, and make recommendations to the 
        Secretary with respect to any matter relating to nuclear 
        energy;
            (3) shall help nuclear energy-related investors to navigate 
        the Federal bureaucracy to efficiently bring their products and 
        services to the marketplace; and
            (4) may not participate in any research and development or 
        commercialization activities.
    (c) Membership and Organization.--
            (1) The members of the Council shall be appointed by the 
        Secretary.
            (2) The Council may establish such study and administrative 
        committees as it considers appropriate.

SEC. 174. NEXT GENERATION NUCLEAR PLANT.

    The Secretary of Energy and the Chairman of the Nuclear Regulatory 
Commission shall review the Next Generation Nuclear Plant Licensing 
Strategy report submitted to Congress in August 2008, as required by 
section 644 of the Energy Policy Act of 2005 (42 U.S.C. 16024), with 
the purpose of reevaluating and significantly accelerating the Next 
Generation Nuclear Power Plant schedule. Not later than 180 days after 
the date of enactment of this Act, the Secretary shall submit to the 
Congress a report including a revised schedule and funding requirements 
that would allow for program completion as near as is possible to the 
date that is 5 years after the date of enactment of this Act.

SEC. 175. URANIUM MINING ON FEDERAL LANDS.

    The Secretary of the Interior may not use the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.) to prevent uranium 
mining from taking place on Federal lands unless the Secretary makes 
findings explaining the reason for such prevention. No Federal agency 
may collect additional leasing fees that have not been authorized to be 
collected before the date of enactment of this Act to mine uranium on 
Federal lands. Any fees collected in association with commercial 
uranium mining on Federal lands that should be applied for remediation 
purposes shall only be applied to the remediation of sites that 
incurred damage as a result of commercial nuclear activities. Such fees 
shall not be applied to the remediation of any sites that incurred 
damage as a result of Government or Government-sponsored activities.

SEC. 176. SMALL AND MODULAR REACTOR LICENSING.

    (a) Report.--Not later than 90 days after the date of enactment of 
this Act, the Chairman of the Nuclear Regulatory Commission shall 
transmit to the Congress a report containing recommendations, including 
the personnel and resource requirements necessary to implement the 
recommendations, for streamlined licensing procedures for small and 
modular nuclear reactors.
    (b) Regulations.--Not later than one year after the date of 
enactment of this Act, the Chairman of the Nuclear Regulatory 
Commission shall promulgate regulations to implement the 
recommendations transmitted under subsection (a).

SEC. 177. LIMITATION ON REGULATORY TIME FRAME.

    In establishing standards for or otherwise regulating the storage 
of radioactive material under section 121(a) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10141(a)) or any other Federal law, the 
Administrator of the Environmental Protection Agency may not consider 
environmental effects that could occur more than 10,000 years after the 
date of such regulatory action.

SEC. 178. DEFINITION.

    In this subtitle, the term ``radiological material'' means 
radioactive material that is a byproduct of the production of nuclear 
power, including high-level nuclear waste and spent nuclear fuel, as 
those terms are defined in section 2 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101), but not including low-level radiological 
material as that term is defined in such section.

               TITLE II--AMERICAN-MADE ENERGY TRUST FUND

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

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

``SEC. 9512. AMERICAN-MADE ENERGY TRUST FUND.

    ``(a) Establishment of Trust Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the American-
Made Energy Trust Fund, consisting of such amounts as may be 
appropriated or credited to the American-Made Energy Trust Fund as 
provided in this section.
    ``(b) Transfers to Trust Fund.--To the extent provided by 
appropriations Acts, there shall be appropriated to the American-Made 
Energy Trust Fund--
            ``(1) the amounts required to be transferred under section 
        128 of A Roadmap for America's Energy Future;
            ``(2) all amounts received by the United States as bonus 
        bids, rents, and royalties for oil and gas leases of the outer 
        Continental Shelf awarded after the date of the enactment of A 
        Roadmap for America's Energy Future that are not otherwise 
        required by law to be paid by the United States; and
            ``(3) all amounts received by the United States as bonus 
        bids, rents, and royalties for oil shale leases of Federal 
        lands awarded after the date of the enactment of A Roadmap for 
        America's Energy Future.
    ``(c) Expenditures From American-Made Energy Trust Fund.--As 
provided by appropriations Acts, amounts in the American-Made Energy 
Trust Fund shall be available in any year to carry out section 301 of A 
Roadmap for America's Energy Future.''.
    (b) Clerical Amendment.--The table of sections for subchapter A of 
chapter 98 of such Code is amended by inserting at the end the 
following new item:

``Sec. 9512. American-Made Energy Trust Fund.''.

 TITLE III--REVERSE AUCTION MECHANISM FOR RENEWABLE ENERGY GENERATION 
                   AND FOR RENEWABLE FUEL PRODUCTION

SEC. 301. REVERSE AUCTION MECHANISM FOR RENEWABLE ENERGY GENERATION.

    (a) In General.--The Secretary shall establish a reverse auction 
program to award funds from the American-Made Energy Trust Fund to 
eligible entities to generate an amount of electric energy.
    (b) Reverse Auction Authority.--
            (1) In general.--The Secretary shall establish within the 
        Department of Energy a Reverse Auction Authority to conduct 
        reverse auctions under this section.
            (2) Director.--The Secretary shall appoint a Director to 
        serve as head of the Authority.
    (c) Reverse Auctions.--
            (1) Frequency.--Subject to amounts available in the 
        American-Made Energy Trust Fund (including any amounts not 
        obligated in the previous calendar year), the Director shall 
        conduct a minimum of 2 reverse auctions per calendar year in 
        each geographic region established under paragraph (2).
            (2) Regions.--The Secretary shall establish geographic 
        regions that are contiguous with the Electric Power Markets 
        identified by the Federal Energy Regulatory Commission, and 
        shall ensure that funds awarded under this section are awarded 
        for qualified renewable energy facilities located across those 
        regions.
            (3) Bids.--In any reverse auction under this section, bids 
        shall describe the amount of electric energy to be generated by 
        the qualified renewable energy facility and the price per 
        megawatt hour of electric energy that will be generated by such 
        facility.
            (4) Deposit.--
                    (A) In general.--At the time of entering a bid in a 
                reverse auction under this section, an eligible entity 
                shall provide to the Director a deposit of, as 
                determined by the Director, an appropriate amount per 
                kilowatt hour of electricity to be generated by the 
                qualified renewable energy facility for which the 
                eligible entity is entering the bid.
                    (B) Refund.--The Director shall refund a deposit 
                provided under subparagraph (A)--
                            (i) for an eligible entity that is not 
                        selected for an award of funds as a result of 
                        the bid for which the deposit was made, at the 
                        time the Director notifies the eligible entity 
                        selected for an award of such selection; and
                            (ii) for an eligible entity selected for an 
                        award of funds as a result of the bid for which 
                        the deposit was made, except as provided in 
                        subparagraph (C), at the time the facility for 
                        which the eligible entity entered the bid 
                        begins operation.
                    (C) Forfeit.--If a facility for which funds are 
                awarded is not in operation by the deadline for 
                operation under subsection (d)(3), the eligible entity 
                shall forfeit the deposit provided under subparagraph 
                (A).
            (5) Reserve price.--
                    (A) In general.--Before conducting a reverse 
                auction under this section, the Director shall set a 
                reserve price which shall be a minimum bid above which 
                no bid may win the auction.
                    (B) Confidentiality.--The Director shall ensure 
                that a reserve price set under this paragraph remains 
                confidential until 5 years after the date of the 
                auction to which the reserve price applies.
            (6) Selection of eligible entities.--
                    (A) In general.--In determining eligible entities 
                to which to award funds in any reverse auction under 
                this section, the Director shall take into 
                consideration--
                            (i) bids that incorporate the lowest bid 
                        price per megawatt hour of electric energy; and
                            (ii) existing subsidies and other support 
                        received by an eligible entity for the 
                        qualified renewable energy facility.
                    (B) Maximum percentages.--The Director shall ensure 
                that, measured on a 5-year rolling average, of funds 
                awarded under this section--
                            (i) not more than 60 percent are awarded 
                        for one type of renewable energy source; and
                            (ii) not more than 90 percent are awarded 
                        for any combination of 2 types of renewable 
                        energy sources.
            (7) Categories of generating capacity.--
                    (A) Allocation.--Subject to subparagraph (B), in 
                each reverse auction conducted under this section, 
                funds shall be allocated as follows:
                            (i) 25 percent of the funds shall be 
                        awarded for the generation of electric energy 
                        by qualified renewable energy facilities that 
                        have a small generating capacity.
                            (ii) 25 percent of the funds shall be 
                        awarded for the generation of electric energy 
                        by qualified renewable energy facilities that 
                        have a mid-sized generating capacity.
                            (iii) 50 percent of the funds shall be 
                        awarded for the generation of electric energy 
                        by qualified renewable energy facilities that 
                        have a large generating capacity.
                    (B) Insufficient funds.--If the Secretary 
                determines that the amount of funds available in any 
                calendar year in the American-Made Energy Trust Fund 
                (including any amounts not obligated in the previous 
                calendar year) are insufficient to provide adequate 
                funding for each allocation described in clauses (i), 
                (ii), and (iii) of subparagraph (A), the Secretary may 
                reduce or eliminate any allocation requirement under 
                such subparagraph.
                    (C) Determination by secretary.--With respect to 
                the generating capacity of a qualified renewable energy 
                facility, the Secretary shall determine what qualifies 
                as a small, mid-sized, and large generating capacity 
                for purposes of this paragraph.
            (8) Standard amounts of electric energy.--In each reverse 
        auction under this section, the Director shall determine 
        standard amounts of electric energy that eligible entities may 
        bid on as well as the time allotted to generate such an amount 
        of electric energy.
            (9) Confidentiality.--Information regarding the bid price 
        of an eligible entity selected for an award of funds pursuant 
        to a reverse auction under this section shall remain 
        confidential until the initial award of funds to such eligible 
        entity is made.
            (10) Information regarding auctions.--Before conducting 
        each reverse auction under this section, the Director shall 
        make publicly available information regarding such reverse 
        auction, including--
                    (A) standard amounts of electric energy described 
                in paragraph (7) to be auctioned; and
                    (B) allocations described in paragraph (6) for such 
                auction.
    (d) Award of Funds.--
            (1) Contracts for generation.--
                    (A) In general.--In order to receive an award of 
                funds pursuant to a reverse auction under this section, 
                an eligible entity selected for such award of funds 
                shall enter into a contract with the Director 
                delineating the terms of the award of funds.
                    (B) Contract terms.--The Director shall include in 
                a contract entered into under this paragraph the 
                following:
                            (i) The number of megawatts per year on 
                        which the contract is based.
                            (ii) A provision allowing for credits to be 
                        awarded for the production of energy in excess 
                        of the amount specified in the contract 
                        pursuant to clause (i), which may be carried 
                        over, for not more than 2 consecutive years, 
                        for use in years in which the production of 
                        energy is less than that required under the 
                        contract pursuant to clause (i).
                            (iii) Any other provisions the Director 
                        determines appropriate.
                    (C) Termination.--In addition to any other terms 
                regarding termination included in a contract under 
                subparagraph (B), the Director may terminate a contract 
                under this paragraph if the eligible entity fails to 
                generate the number of megawatts of electric energy per 
                year required under subparagraph (B)(i) for a period of 
                4 consecutive years.
            (2) Limitation on disbursal.--The Director may disburse 
        funds to an eligible entity only for the amount of electric 
        energy generated under the contract entered into under 
        paragraph (3) up to the amount specified pursuant to paragraph 
        (1)(B)(i) for each year in which the contract is in effect.
            (3) Operation requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Director shall make an award of funds to an 
                eligible entity contingent on the qualified renewable 
                energy facility being in operation not later than 18 
                months after the eligible entity is selected for an 
                award of funds under this section.
                    (B) Extension.--The Director may grant an eligible 
                entity a one-time 6-month extension of the deadline for 
                operation under subparagraph (A) with respect to a 
                qualified renewable energy facility if the eligible 
                entity demonstrates, to the satisfaction of the 
                Director, that operation of such facility is delayed 
                due to regulatory constraints beyond the control of 
                such eligible entity. Extensions under this 
                subparagraph may not be granted for delays due to lack 
                of financing or delayed equipment delivery.
    (e) Penalties.--The Secretary shall determine penalties for 
violations of this section, which may include fines or bans from 
participating in reverse auctions under this section.
    (f) Treatment of Funds.--Amounts awarded to an eligible entity 
under subsection (d) shall not be includible in gross income for 
purposes of the Internal Revenue Code of 1986.
    (g) Denial of Double Benefit.--
            (1) Basis.--For purposes of the Internal Revenue Code of 
        1986, the basis of a renewable energy facility for which funds 
        are awarded to an eligible entity under this section shall be 
        reduced by the amount of such award.
            (2) Treatment as qualified facility.--A renewable energy 
        facility for which funds are awarded to an eligible entity 
        under this section shall not be treated as a qualified facility 
        for purposes of section 45 of the Internal Revenue Code of 1986 
        (26 U.S.C. 45).
            (3) Treatment as energy property.--
                    (A) In general.--A renewable energy facility for 
                which funds are awarded to an eligible entity under 
                this section shall not be treated as an energy property 
                for purposes of section 48 of the Internal Revenue Code 
                of 1986 (26 U.S.C. 48).
                    (B) Limitation on award of funds.--The Director may 
                not award funds under this section for a renewable 
                energy facility for which a credit under section 48 of 
                the Internal Revenue Code of 1986 (26 U.S.C. 48) has 
                been determined.
            (4) Participation in federal loan guarantee programs.--An 
        eligible entity to which funds are awarded under this section 
        for a qualified renewable energy facility may not, for the 
        purposes of such facility, participate in a Federal loan 
        guarantee program.
            (5) Coordination with other federal subsidies.--
                    (A) Contract amount.--A contract for generation 
                under subsection (d)(1) shall be for the amount of the 
                winning bid for the specified amount of electric energy 
                minus the amount of any other Federal subsidy received 
                by the eligible entity for the construction, 
                development, or operation of the qualified renewable 
                energy facility before funds are awarded under 
                subsection (d).
                    (B) Regulations.--Notwithstanding subsection (h), 
                not later than one year after the date of enactment of 
                this Act, the Secretary shall promulgate regulations to 
                carry out this paragraph.
    (h) Deadline for Regulations.--Not later than 180 days after the 
date of enactment of this Act, the Secretary shall promulgate 
regulations to carry out this section.
    (i) Definitions.--In this section:
            (1) American-made energy trust fund.--The term ``American-
        Made Energy Trust Fund'' means the trust fund established in 
        section 9512 of the Internal Revenue Code of 1986 (as added by 
        title II).
            (2) Authority.--The term ``Authority'' means the Reverse 
        Auction Authority established under subsection (b).
            (3) Director.--The term ``Director'' means the Director of 
        the Authority.
            (4) Eligible entity.--The term ``eligible entity'' means an 
        owner or operator of a qualified renewable energy facility 
        that, with respect to such facility--
                    (A) is not participating in a Federal loan 
                guarantee program; and
                    (B) has a power purchase agreement in place at the 
                time of the reverse auction.
            (5) Operation.--The term ``operation'', with respect to a 
        renewable energy facility, means that--
                    (A) such facility is generating electric energy;
                    (B) such facility is transmitting electric energy 
                onto the electric power grid; and
                    (C) electric energy generated by such facility is 
                being sold to one or more electric utilities.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (7) Renewable energy.--The term ``renewable energy'' has 
        the meaning given such term in section 203(b) of the Energy 
        Policy Act of 2005 (42 U.S.C. 15852(b)).
            (8) Renewable energy facility.--The term ``renewable energy 
        facility'' means a facility--
                    (A) for the generation of electric energy and the 
                transmission of such electric energy onto the electric 
                power grid; and
                    (B) that generates such electric energy from a 
                renewable energy source.
            (9) Qualified renewable energy facility.--The term 
        ``qualified renewable energy facility'' means a renewable 
        energy facility for which the owner or operator demonstrates, 
        to the satisfaction of the Director, the following:
                    (A) Competence of the owner or operator with 
                respect to the generation of electric energy from the 
                renewable energy source used by such facility.
                    (B) Evidence that the renewable energy generating 
                technology used by such facility can be used on a 
                commercial scale.
                    (C) Any additional criteria the Secretary 
                determines appropriate.

        TITLE IV--PROHIBITION OF CONSIDERATION OF GREENHOUSE GAS

SEC. 401. CLEAN AIR ACT REGULATION.

    The Clean Air Act (42 U.S.C. 7401) is amended by inserting after 
section 329 the following:

``SEC. 330. PROHIBITION OF REGULATION OF GREENHOUSE GAS.

    ``(a) Definition of Greenhouse Gas.--In this section, the term 
`greenhouse gas' means--
            ``(1) carbon dioxide;
            ``(2) methane;
            ``(3) nitrous oxide;
            ``(4) a hydrofluorocarbon;
            ``(5) a perfluorocarbon; or
            ``(6) sulfur hexafluoride.
    ``(b) Regulation of Greenhouse Gas.--Nothing in this Act may be 
construed to require or permit the regulation of a greenhouse gas for 
climate change purposes.''.

SEC. 402. ENDANGERED SPECIES ACT REGULATION.

    (a) Prohibition of Consideration of Impact of Greenhouse Gas.--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--
            ``(1) carbon dioxide;
            ``(2) methane;
            ``(3) nitrous oxide;
            ``(4) a hydrofluorocarbon;
            ``(5) a perfluorocarbon; or
            ``(6) sulfur hexafluoride.
    ``(b) Impact of Greenhouse Gas.--The climate change-related impact 
of a greenhouse gas on any species of fish, wildlife, or plant shall 
not be considered for any purpose in the implementation of this Act.''.
    (b) Conforming Amendment.--The table of contents of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 note) is amended by adding at the 
end the following:

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