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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2133 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2133

 To increase domestic energy production, reduce dependence on foreign 
     oil, and diversify the energy portfolio of the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2011

 Mr. Matheson introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
Natural Resources, Science, Space, and Technology, and Agriculture, 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 increase domestic energy production, reduce dependence on foreign 
     oil, and diversify the energy portfolio of the United States.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                  Subtitle A--Outer Continental Shelf

Sec. 101. Implementation of inventory of Outer Continental Shelf 
                            resources.
Sec. 102. Moratorium on oil and gas leasing in certain areas of Gulf of 
                            Mexico.
Sec. 103. 2012-2017 5-year oil and gas leasing program deemed final.
Sec. 104. Disposition of royalties.
Sec. 105. Institute for Ocean Energy Safety.
               Subtitle B--Onshore Oil and Gas Production

Sec. 111. Establishment of Federal Onshore Energy Development Task 
                            Force.
Sec. 112. Hydraulic fracturing sense of Congress.
               TITLE II--RENEWABLE AND ALTERNATIVE ENERGY

                  Subtitle A--Research and Development

Sec. 201. Next Generation Energy and Efficiency Fund.
          Subtitle B--Public Land Renewable Energy Deployment

Sec. 211. Renewable energy Federal permit coordination.
Sec. 212. Extension of funding for implementation of Geothermal Steam 
                            Act of 1970.
Sec. 213. Programmatic environmental impact statements and land use 
                            planning for development of renewable 
                            energy on public lands and National Forest 
                            System lands.
Sec. 214. National Academy of Sciences study and report of siting, 
                            development, and management of renewable 
                            energy on public lands and National Forest 
                            System lands.
Sec. 215. Renewable energy development on brownfield sites.
Sec. 216. Development of solar and wind energy on public land.
                    Subtitle C--Unconventional Fuels

Sec. 221. Transparency for delayed loan guarantee applications.
Sec. 222. Algae-based fuel incentives.
Sec. 223. Loan guarantee eligible projects.
                       TITLE III--NUCLEAR ENERGY

Sec. 301. Objectives.
Sec. 302. Funding.
Sec. 303. Program objectives study.
Sec. 304. Nuclear energy research and development programs.
Sec. 305. Small modular reactor program.
Sec. 306. Conventional improvements to nuclear power plants.
Sec. 307. Fuel cycle research and development.
Sec. 308. Nuclear energy enabling technologies program.
Sec. 309. Emergency risk assessment and preparedness report.
Sec. 310. Next generation nuclear plant.
Sec. 311. Technical standards collaboration.
Sec. 312. Evaluation of long-term operating needs.
Sec. 313. Available facilities database.
Sec. 314. Nuclear waste disposal.
        TITLE IV--ENERGY TRANSMISSION BARRIERS AND OPPORTUNITIES

Sec. 401. Siting of interstate electric transmission facilities.

                 TITLE I--TRADITIONAL ENERGY PRODUCTION

                  Subtitle A--Outer Continental Shelf

SEC. 101. IMPLEMENTATION OF INVENTORY OF OUTER CONTINENTAL SHELF 
              RESOURCES.

    (a) In General.--Section 357 of the Energy Policy Act of 2005 (42 
U.S.C. 15912) is amended--
            (1) in subsection (a)--
                    (A) by striking the first sentence of the matter 
                preceding paragraph (1) and inserting the following: 
                ``The Secretary shall conduct a seismic inventory of 
                oil and natural gas, and prepare a summary (the latter 
                prepared with the assistance of, and based on 
                information provided by, the heads of appropriate 
                Federal agencies) of the information obtained under 
                paragraph (3), for the waters of the United States 
                Outer Continental Shelf (referred to in this section as 
                the `OUTER CONTINENTAL SHELF') in the Atlantic Region, 
                the Eastern Gulf of Mexico, and the Alaska Region.'';
                    (B) in paragraph (2)--
                            (i) by striking ``3-D'' and inserting ``2-D 
                        and 3-D''; and
                            (ii) by adding ``and'' at the end; and
                    (C) by striking paragraphs (3) through (5) and 
                inserting in the following:
            ``(3) use existing inventories and mapping of marine 
        resources undertaken by the National Oceanographic and 
        Atmospheric Administration and with the assistance of and based 
        on information provided by the Department of Defense and other 
        Federal and State agencies possessing relevant data, and use 
        any available data regarding alternative energy potential, 
        navigation uses, fisheries, aquiculture uses, recreational 
        uses, habitat, conservation, and military uses.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Implementation.--The Secretary shall carry out the inventory 
and analysis under subsection (a) in 3 phases, with priority given to 
all or part of applicable planning areas of the Outer Continental 
Shelf--
            ``(1) estimated to have the greatest potential for energy 
        development in barrel of oil equivalent; and
            ``(2) outside of any leased area or area scheduled for 
        leasing prior to calendar year 2011 under any outer Continental 
        Shelf 5-year leasing program or amendment to the program under 
        section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1344).
    ``(c) Reports.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this paragraph, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        a report that provides a plan for executing the seismic 
        inventories required under this section, including an estimate 
        of the costs to complete the seismic inventory by region and 
        environmental and permitting activities to facilitate 
        expeditious completion.
            ``(2) First phase.--Not later than 2 years after the date 
        of enactment of this paragraph, the Secretary shall submit to 
        Congress a report describing the results of the first phase of 
        the inventory and analysis under subsection (a).
            ``(3) Subsequent phases.--Not later than 2 years after the 
        date on which the report is submitted under paragraph (2) and 2 
        years thereafter, the Secretary shall submit to Congress a 
        report describing the results of the second and third phases, 
        respectively, of the inventory and analysis under subsection 
        (a).
            ``(4) Public availability.--A report submitted under 
        paragraph (2) or (3) shall be--
                    ``(A) made publicly available; and
                    ``(B) updated not less frequently than once every 5 
                years.''.
    (b) Relationship to 5-Year Program.--The requirement that the 
Secretary of the Interior carry out the inventory required by the 
amendment made by subsection (a) shall not be considered to require, 
authorize, or provide a basis or justification for delay by the 
Secretary of the Interior or any other agency of the issuance of any 
outer Continental Shelf leasing program or amendment to the program 
under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344), or any lease sale pursuant to that section.
    (c) Permits.--Nothing in this section or an amendment made by this 
section precludes the issuance by the Secretary of the Interior of a 
permit to conduct geological and geophysical exploration of the outer 
Continental Shelf in accordance with the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) and other applicable law.
    (d) Funding.--Section 999H(d) of the Energy Policy Act of 2005 (42 
U.S.C. 16378(d)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) 35 percent shall be used for activities under section 
        999A(b)(1), except that for each of fiscal years 2012 through 
        2017 the amount made available under this paragraph shall be 
        used to carry out section 357 (for the completion of necessary 
        environmental analyses under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.), with a priority given to 
        completion of programmatic environmental impact statements 
        necessary to carry out the seismic inventory or portions of the 
        inventory required by section 357, and the use of seismic 
        technology to obtain accurate resource estimates).''; and
            (2) in paragraph (4)--
                    (A) by inserting ``(A) except as provided in 
                subparagraph (B),'' before ``25''; and
                    (B) by adding at the end the following:
                    ``(B) notwithstanding subparagraph (A), for each of 
                fiscal years 2012 through 2017--
                            ``(i) 15 percent shall be used for the 
                        purposes described in subparagraph (A); and
                            ``(ii) 10 percent shall be used for the 
                        activities described in paragraph (1).''.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, to be available until expended 
without fiscal year limitation--
            (1) $100,000,000 for each of fiscal years 2012 through 
        2017; and
            (2) $50,000,000 for each of fiscal years 2018 through 2022.

SEC. 102. MORATORIUM ON OIL AND GAS LEASING IN CERTAIN AREAS OF GULF OF 
              MEXICO.

    Section 104 of division C of the Tax Relief and Health Care Act of 
2006 (Public Law 109-432; 120 Stat. 3003) is repealed.

SEC. 103. 2012-2017 5-YEAR OIL AND GAS LEASING PROGRAM DEEMED FINAL.

    The 2012-2017 5-year oil and gas leasing program issued by the 
Secretary of the Interior on March 31, 2010, is deemed to be final and 
in compliance with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and all other Federal laws.

SEC. 104. DISPOSITION OF ROYALTIES.

    (a) In General.--Notwithstanding any other law, of the amounts 
received by the United States as bonuses, rents, and royalties under 
oil and gas leases for areas on the Outer Continental Shelf--
            (1) 25 percent shall be paid to States that are affected 
        States (as that term is defined in section 2 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331)) with respect to 
        the lease tracts under the leases;
            (2) 75 percent shall retained by the Federal Government, of 
        which--
                    (A) the amount described in subsection (b) shall be 
                deposited each fiscal year in the Next Generation 
                Energy and Efficiency Fund established by title II;
                    (B) 10 percent shall be available to provide 
                financial assistance to States in accordance with 
                section 6 of the Land and Water Conservation Fund Act 
                of 1965 (16 U.S.C. 460l-8), which shall be considered 
                income to the Land and Water Conservation Fund for 
                purposes of section 2 of that Act (16 U.S.C. 460l-5); 
                and
                    (C) the remainder shall be deposited into the 
                general fund.
    (b) Amount To Be Deposited Into Fund.--The amount referred to in 
subsection (a)(2)(A) is 50 percent of the amount of bonuses, rents, and 
royalties received by the United States each fiscal year under oil and 
gas leases for areas on the Outer Continental Shelf awarded after the 
date of the enactment of this Act, except that the total amount 
deposited under subsection (a)(2)(A) shall not exceed $40,000,000,000.

SEC. 105. INSTITUTE FOR OCEAN ENERGY SAFETY.

    (a) In General.--There is established an Institute for Ocean Energy 
Safety that shall exercise independent statutory authority over 
technical and operational safety in all phases of Outer Continental 
Shelf energy resource development projects, including the planning, 
designing, constructing, operating, and decommissioning of facilities 
and projects, and shall have overall responsibility for fostering safe 
and environmentally sound offshore energy operations. The Institute 
shall oversee all non-economic aspects of the operations and structures 
involved in drilling and production of oil and gas, pipelines, and wind 
towers, wave, tidal, and other renewable technologies located in the 
Federal offshore zone. The Institute shall also have the lead 
coordination role in relation to other regulators with independent 
authority over offshore oil and gas activities, including the 
Environmental Protection Agency, the National Oceanic and Atmospheric 
Administration, and the Coast Guard.
    (b) Key Responsibilities.--Key responsibilities of the Institute 
include the following:
            (1) Inspecting all offshore operations by expert teams 
        through scheduled and unannounced inspections.
            (2) Auditing or otherwise requiring certification of 
        operator health, safety, and environmental management systems.
            (3) Evaluating eligibility for lessees based on safety 
        qualifications.
            (4) Reviewing and approving the safety and feasibility of 
        any environmental mitigation activities prescribed by National 
        Environmental Policy Act of 1969 documents and other 
        environmental consultations, authorization, or permits in 
        addition to enforcing such requirements over the duration of an 
        operation.
            (5) Collecting and analyzing leading and lagging indicators 
        from all active parties for full risk evaluation.
            (6) Promulgating all structural integrity, process, and 
        workplace safety rules and regulations in order to create a 
        foundation of prescriptive regulations to supplement 
        performance-based (``safety case'') regulations.
            (7) Providing technical review and comment on the five-year 
        leasing program and individual lease sales.
            (8) Providing technical review of spill response and 
        containment plans.
            (9) Reviewing and approving all spill response and 
        containment plans and advising the new safety authority on 
        environmental considerations.
            (10) Investigating all accidents and other significant 
        events that could have potentially turned catastrophic.
    (c) Director.--The Institute shall be headed by a Director, who 
shall be appointed by the President, by and with the consent of the 
Senate, from among individuals with relevant engineering or technical 
background. The term as Director shall be 5 years.
    (d) Engineering and Technical Staff and Inspectors.--The Director 
may establish classifications and salary scales for engineering and 
technical staff and inspectors of the Institute that are substantially 
similar to those of the Nuclear Regulatory Commission.
    (e) Consultation and Collaboration.--The Institute, in executing 
its responsibilities, shall consult and collaborate with other 
government agencies, including in particular the Department of Energy 
and the Coast Guard, and with industry, academia, and scientific 
experts as appropriate.

               Subtitle B--Onshore Oil and Gas Production

SEC. 111. ESTABLISHMENT OF FEDERAL ONSHORE ENERGY DEVELOPMENT TASK 
              FORCE.

    (a) Establishment.--There is established a Federal Onshore Energy 
Development Task Force to coordinate permitting related to energy 
development on public lands.
    (b) Membership.--The Task Force shall consist of the heads of the 
Bureau of Land Management, the Forest Service, the Environmental 
Protection Agency, the United States Fish and Wildlife Service, and the 
heads of regional offices of those agencies that are determined to be 
relevant by the heads of those agencies.
    (c) Plan.--
            (1) In general.--The Task Force shall--
                    (A) within 6 months after the date of enactment of 
                this Act, issue a draft plan for streamlining oil and 
                gas leasing and permitting on Federal lands, including 
                oil shale and tar sands leasing and permitting;
                    (B) provide a 60-day period for submission of 
                comments on the plan by the public; and
                    (C) within 4 months after the end of such comment 
                period, issue a final plan for such streamlining.
            (2) Consultation.--In drafting the plan the Task Force 
        shall consult with other agencies involved in Federal 
        permitting process.
            (3) Requirements for drafting.--In drafting the plan the 
        Task Force shall--
                    (A) evaluate the effectiveness of current statutory 
                permitting timelines, including a discussion of how 
                often those timelines are exceeded and the factors that 
                lead to delays in issuing permits to drill;
                    (B) consider ways to improve and better facilitate 
                coordination and collaboration among Federal agencies 
                throughout the permitting process;
                    (C) compare the Bureau of Land Management 
                permitting process with Federal Energy Regulatory 
                Commission permitting process, and evaluate whether a 
                different process would be more efficient for fostering 
                onshore oil and gas development;
                    (D) evaluate whether industry actors with positive 
                safety and environmental records should be put allowed 
                an expedited permit approval process;
                    (E) include oil shale and tar sands permitting 
                issues in plan; and
                    (F) provide specific recommendations for 
                legislative action to implement a streamlined leasing 
                plan.
    (d) Implementation and Reports.--The Task Force shall oversee 
implementation of plan and submit annual reports to Congress on such 
implementation.

SEC. 112. HYDRAULIC FRACTURING SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Safe Drinking Water Act (42 U.S.C. 300f et seq.) 
        was not intended to regulate natural gas and oil well 
        construction and stimulation;
            (2) States, reflecting their unique needs, have effectively 
        regulated natural gas and oil well construction and 
        stimulation; and
            (3) industry should be encouraged to voluntarily disclose 
        chemicals used in the hydraulic fracturing process and this 
        information should be made available to the public.

               TITLE II--RENEWABLE AND ALTERNATIVE ENERGY

                  Subtitle A--Research and Development

SEC. 201. NEXT GENERATION ENERGY AND EFFICIENCY FUND.

    (a) Establishment.--There is hereby established in the Treasury of 
the United States the ``Next Generation Energy and Efficiency Fund'' 
(in this section referred to as ``the Fund'').
    (b) Administration.--The Secretary of Energy shall be responsible 
for administering the Fund for the purpose of carrying out this 
section.
    (c) Contents.--The Fund shall consist of amounts deposited into the 
Fund under section 104(a)(2)(A). Such deposits shall cease after 
$40,000,000,000 has been deposited, or 10 years of deposits have been 
made, whichever occurs first.
    (d) Purpose.--The Fund shall be used for the purpose of research 
and development of technologies that will significantly decrease 
America's reliance on traditional fossil fuels and increase energy 
efficiencies, including wind energy, solar energy, marine and 
hydrokinetic energy, geothermal energy, hydrogen energy, vehicle energy 
efficiency and environmental performance, industrial processes energy 
efficiencies, building and lighting energy efficiencies, smart grid 
technology, and energy storage systems to support electric drive 
vehicles.
    (e) Identification of Programs.--Not later than 18 months after the 
date of enactment of this Act, the Secretary of Energy shall identify 
programs of the Department of Energy described in subsection (d) for 
funding from the Fund, including the Advanced Research Projects Agency-
Energy.
    (f) Availability of Fund.--After the Secretary of Energy has 
completed the identification of programs under subsection (e), amounts 
in the Fund shall be available, without further appropriation, for 
carrying out such programs.

          Subtitle B--Public Land Renewable Energy Deployment

SEC. 211. RENEWABLE ENERGY FEDERAL PERMIT COORDINATION.

    Section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924) is 
amended by adding at the end the following:
    ``(k) Pilot Project Offices To Improve Federal Permit Coordination 
for Renewable Energy.--
            ``(1) Definition of renewable energy.--In this subsection, 
        the term `renewable energy' means energy derived from a wind, 
        solar, or geothermal source.
            ``(2) Field offices.--As part of the Pilot Project, the 
        Secretary shall designate 1 field office of the Bureau of Land 
        Management in each of the following States to serve as 
        Renewable Energy Permit Coordination Offices for coordination 
        of Federal permits for renewable energy projects and 
        transmission involving Federal land facilitating the 
        development of renewable energy:
                    ``(A) Alaska.
                    ``(B) Arizona.
                    ``(C) California.
                    ``(D) Colorado.
                    ``(E) Idaho.
                    ``(F) Oregon.
                    ``(G) New Mexico.
                    ``(H) Nevada.
                    ``(I) Montana.
                    ``(J) Utah.
                    ``(K) Washington.
                    ``(L) Wyoming.
            ``(3) Memorandum of understanding.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this subsection, the Secretary 
                shall enter into an amended memorandum of understanding 
                under subsection (b) to provide for the inclusion of 
                the additional Renewable Energy Pilot Project Offices 
                in the Pilot Project.
                    ``(B) Signature of secretary.--The Secretary shall 
                be a signatory of the amended memorandum of 
                understanding.
                    ``(C) Signatures by governors.--The Secretary shall 
                request that the Governors of each of the States 
                described in paragraph (2) be signatories to the 
                amended memorandum of understanding.
            ``(4) Designation of qualified staff.--Not later than 30 
        days after the date of the signing of the amended memorandum of 
        understanding, all Federal signatory parties shall, if 
        appropriate, assign to each Renewable Energy Pilot Project 
        Office designated under paragraph (2) an employee described in 
        subsection (c) to carry out duties described in that 
        subsection.
            ``(5) Additional personnel.--The Secretary shall assign to 
        each Renewable Energy Pilot Project Office additional personnel 
        under subsection (f).
            ``(6) Transfer of funds.--To coordinate and process 
        renewable energy authorizations on Federal land under the 
        jurisdiction of a Pilot Project Office designated under 
        paragraph (2), the Secretary may authorize the expenditure or 
        transfer of such funds as are necessary to--
                    ``(A) any Federal agency described in subsection 
                (h); and
                    ``(B) any State described in paragraph (2).
            ``(7) Funding.--
                    ``(A) In general.--The Federal share of any 
                royalties, fees, rentals, bonus bids, or other payments 
                from wind or solar development on land administered by 
                the Secretary shall be deposited in a special fund in 
                the Treasury to be known as the `BLM Wind and Solar 
                Energy Permit Processing Improvement Fund' (referred to 
                in this subsection as `Fund').
                    ``(B) Authorization of appropriations.--There is 
                authorized to be appropriated from the Fund or, to the 
                extent amounts are not available in the Fund, from the 
                Treasury for the costs of administering program 
                operations for wind and solar development under the 
                Public Land Renewable Energy Deployment and Adjustment 
                Act of 2009 and the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1701 et seq.) $10,000,000 for 
                each of fiscal years 2012 through 2022, to remain 
                available without fiscal year limitation until 
                expended.''.

SEC. 212. EXTENSION OF FUNDING FOR IMPLEMENTATION OF GEOTHERMAL STEAM 
              ACT OF 1970.

    (a) In General.--Section 234(a) of the Energy Policy Act of 2005 
(42 U.S.C. 15873(a)) is amended by striking ``in the first 5 fiscal 
years beginning after the date of enactment of this Act'' and inserting 
``for each fiscal year through fiscal year 2022''.
    (b) Authorization.--Section 234(b) of the Energy Policy Act of 2005 
(42 U.S.C. 15873(b)) is amended--
            (1) by striking ``Amounts'' and inserting the following:
            ``(1) In general.--Amounts''; and
            (2) by adding at the end the following:
            ``(2) Authorization.--Effective for fiscal year 2013 and 
        each fiscal year thereafter, amounts deposited under subsection 
        (a) shall be available to the Secretary of the Interior for 
        expenditure, subject to appropriation and without fiscal year 
        limitation, to implement the Geothermal Steam Act of 1970 (30 
        U.S.C. 1001 et seq.) and this Act.''.

SEC. 213. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS AND LAND USE 
              PLANNING FOR DEVELOPMENT OF RENEWABLE ENERGY ON PUBLIC 
              LANDS AND NATIONAL FOREST SYSTEM LANDS.

    (a) Public Lands.--Not later than one year after the date of 
enactment of this Act, the Secretary of the Interior, acting through 
the Bureau of Land Management, shall--
            (1) complete a programmatic environmental impact statement 
        in accordance with the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts 
        of--
                    (A) a program to develop solar, wind, and 
                geothermal energy on public lands (as defined in 
                section 103(e) of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1702(e))); and
                    (B) any amendments to land use plans for public 
                lands necessary to facilitate the program; and
            (2) amend land use plans under section 202 of such Act (43 
        U.S.C. 1712) as necessary to provide for the development of 
        solar, wind, and geothermal energy on public lands in areas 
        considered appropriate by the Secretary.
    (b) National Forest System Lands.--Not later than one year after 
the date of enactment of this Act, the Secretary of Agriculture, acting 
through the Forest Service, shall--
            (1) complete a programmatic environmental impact statement 
        in accordance with the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts 
        of--
                    (A) a program to develop solar, wind, and 
                geothermal energy on National Forest System lands (as 
                defined in section 11(a) of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1609(a))); and
                    (B) any necessary amendments to land and resource 
                management plans for National Forest System lands 
                necessary to facilitate the program; and
            (2) amend land and resource management plans under section 
        6 of such Act (16 U.S.C. 1604) as necessary to provide for the 
        development of solar, wind, and geothermal energy on National 
        Forest System lands in areas considered appropriate by the 
        Secretary.
    (c) Effect on Processing Applications.--The requirement for 
completion of programmatic environmental impact statements under this 
section shall not result in any delay in processing applications for 
solar, wind, and geothermal energy development on public lands or 
National Forest System lands.

SEC. 214. NATIONAL ACADEMY OF SCIENCES STUDY AND REPORT OF SITING, 
              DEVELOPMENT, AND MANAGEMENT OF RENEWABLE ENERGY ON PUBLIC 
              LANDS AND NATIONAL FOREST SYSTEM LANDS.

    (a) Study Required.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of the Interior, in 
        consultation with the Secretary of Agriculture, shall enter 
        into an arrangement with the National Academy of Sciences under 
        which the Academy shall conduct a study on the siting, 
        development, and management of projects for the production of 
        wind, solar, and geothermal energy on--
                    (A) public lands (as defined in section 103(e) of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702(e))) that are available for energy 
                development; and
                    (B) National Forest System lands (as defined in 
                section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1609(a))) 
                that are available for energy development.
            (2) Matters to be addressed.--The study shall address--
                    (A) the effectiveness of--
                            (i) laws (including regulations) and 
                        policies in effect on the date of enactment of 
                        this Act in--
                                    (I) facilitating the development of 
                                wind, solar, and geothermal energy 
                                projects on the land; and
                                    (II) ensuring the public receives a 
                                fair return for the use of the land;
                            (ii) policies designed to discourage 
                        speculation in the development of wind, solar, 
                        and geothermal energy projects on the land;
                            (iii) the land use planning process in 
                        siting wind, solar, and geothermal energy 
                        facilities;
                            (iv) mitigation planning for wind, solar, 
                        and geothermal energy projects on the land, 
                        particularly with respect to fish and wildlife 
                        and water resources;
                            (v) best management practices developed by 
                        the Secretary of the Interior and the Secretary 
                        of Agriculture for wind, solar, and geothermal 
                        energy projects; and
                            (vi) adaptive management of the impacts 
                        associated with wind, solar, and geothermal 
                        energy projects on the land; and
                    (B) the advantages and disadvantages of using--
                            (i) rights-of-way as a means of authorizing 
                        the use of the land for wind, solar, and 
                        geothermal energy development; and
                            (ii) a competitive or noncompetitive 
                        leasing system as a means of authorizing the 
                        use of the land for wind, solar, and geothermal 
                        energy development.
    (b) Recommendations.--The study shall--
            (1) analyze the matters described in subsection (a)(2); and
            (2) make recommendations as to--
                    (A) whether a competitive or noncompetitive leasing 
                system would be a more effective means than the system 
                in effect on the date of enactment of this Act to 
                authorize the use of the Federal land described in 
                subsection (a)(1) to meet the goals of facilitating the 
                development of wind, solar, and geothermal energy 
                projects while achieving a fair return to the public;
                    (B) the most effective system to authorize the use 
                of the land to meet the goals of facilitating the 
                development of wind, solar, and geothermal energy 
                projects while achieving a fair return to the public; 
                and
                    (C) changes, if any, to Federal law (including 
                regulations) or policy necessary to address more 
                effectively the siting, development, and management of 
                wind, solar, and geothermal energy projects on the 
                land.
    (c) Completion of Study.--Not later than 18 months after the date 
of enactment of this Act, the National Academy of Sciences shall--
            (1) submit to the Secretary of the Interior and the 
        Secretary of Agriculture the findings and recommendations of 
        the study required under subsections (a) and (b); and
            (2) make the results of the study available to the public.
    (d) Report to Congress.--Not later than 180 days after the date of 
receipt of the findings and recommendations of the study under 
subsection (c)(1), the Secretary of the Interior, in consultation with 
the Secretary of Agriculture, shall submit to Congress a report on--
            (1) the findings and recommendations of the study;
            (2) the agreement or disagreement of the Secretaries with 
        respect to each of the findings and recommendations of the 
        National Academy of Sciences;
            (3) the administrative actions to be taken by each of the 
        Secretaries in response to the findings and recommendations; 
        and
            (4) any recommended changes in law.

SEC. 215. RENEWABLE ENERGY DEVELOPMENT ON BROWNFIELD SITES.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Brownfield site.--The term ``brownfield site'' has the 
        meaning given such term in section 101(39) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601(39)).
            (3) Renewable energy.--The term ``renewable energy'' means 
        energy generated from a renewable energy resource, including 
        solar, wind, and geothermal energy, and biomass.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Department of Energy and Environmental Protection Agency 
Efforts.--The Secretary, in conjunction with the Administrator, shall--
            (1) in partnership with the National Renewable Energy 
        Laboratory, identify opportunities to prioritize renewable 
        energy development on brownfield sites;
            (2) provide to States, units of local governments, project 
        developers, and other stakeholders publicly available resources 
        identifying potential brownfield sites for renewable energy 
        development, with an emphasis on non-Federal land; and
            (3) provide technical assistance to State and local 
        officials, interested project developers, and other 
        stakeholders to expedite renewable energy production from 
        brownfield sites identified under this subsection, with an 
        emphasis on non-Federal land.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary and Administrator shall submit to Congress a 
report that includes--
            (1) proposals for Federal policies, incentives, or other 
        means of encouraging renewable energy production on sites 
        identified under subsection (b); and
            (2) data on existing and potential job creation from, 
        environmental benefits of, and energy production from renewable 
        energy on brownfield sites.
    (d) Stakeholder Forums.--The Secretary, in conjunction with the 
Administrator, shall conduct stakeholder forums in each region of the 
United States to assist State and local officials, project developers, 
and other stakeholders with renewable energy project siting on 
brownfield sites, with an emphasis on non-Federal land.
    (e) Effect.--Nothing in this section affects existing Federal 
efforts to promote the reuse and redevelopment of brownfield sites.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2012 through 2016.

SEC. 216. DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND.

    (a) Definitions.--In this section:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A)(i) public land administered by the Secretary; 
                or
                    (ii) National Forest System land administered by 
                the Secretary of Agriculture; and
                    (B) designated for the development of solar or wind 
                energy under a land use plan established under--
                            (i) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.); or
                            (ii) the National Forest Management Act of 
                        1976 (16 U.S.C. 1600 et seq.).
            (2) Pilot program.--The term ``pilot program'' means the 
        wind and solar leasing pilot program established under 
        subsection (b).
            (3) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Pilot Program.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a wind and 
        solar leasing pilot program.
            (2) Selection of sites.--
                    (A) In general.--Not later than 90 days after the 
                date the pilot program is established under this 
                subsection, the Secretary shall select 2 sites that are 
                appropriate for the development of a solar energy 
                project, and 2 sites that are appropriate for the 
                development of a wind energy project, on covered land 
                as part of the pilot program.
                    (B) Site selection.--In carrying out subparagraph 
                (A), the Secretary shall seek to select sites--
                            (i) for which there is likely to be a high 
                        level of industry interest; and
                            (ii) that are representative of sites on 
                        which solar or wind energy is likely to be 
                        developed on covered land.
                    (C) Ineligible sites.--The Secretary shall not 
                select as part of the pilot program any site for which 
                a right-of way for site testing or construction has 
                been issued.
            (3) Lease sales.--
                    (A) In general.--Except as provided in subparagraph 
                (C)(ii), not later than 180 days after the date sites 
                are selected under paragraph (2), the Secretary shall 
                offer each site for competitive leasing to qualified 
                bidders under such terms and conditions as are required 
                by the Secretary.
                    (B) Bidding systems.--In offering the sites for 
                lease, the Secretary--
                            (i) may vary the bidding systems to be used 
                        at each lease sale; but
                            (ii) shall limit bidding to 1 round in any 
                        lease sale.
                    (C) Lease terms.--
                            (i) In general.--As part of the pilot 
                        program, the Secretary may vary the length of 
                        the lease terms and establish such other lease 
                        terms and conditions as the Secretary considers 
                        appropriate.
                            (ii) Data collection.--As part of the pilot 
                        program, the Secretary shall--
                                    (I) offer on a noncompetitive basis 
                                on at least 1 site a short-term lease 
                                for data collection; and
                                    (II) on the expiration of the 
                                short-term lease, offer on a 
                                competitive basis a long-term lease, 
                                giving credit toward the bonus bid to 
                                the holder of the short-term lease for 
                                any qualified expenditures to collect 
                                data to develop the site during the 
                                short-term lease.
            (4) Compliance with laws.--In offering for lease the 
        selected sites under paragraph (3), the Secretary shall comply 
        with all applicable environmental and other laws.
            (5) Report.--The Secretary shall--
                    (A) compile a report of the results of each lease 
                sale under the pilot program, including--
                            (i) the level of competitive interest; and
                            (ii) a summary of bids and revenues 
                        received; and
                    (B) not later than 90 days after the final lease 
                sale, submit to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives the report 
                described in subparagraph (A).
            (6) Rights-of-way.--During the pendency of the pilot 
        program, the Secretary shall continue to issue rights-of-way, 
        in compliance with authority in effect on the date of enactment 
        of this Act, for available sites not selected for the pilot 
        program.
    (c) Secretarial Determination.--
            (1) In general.--Not later than 30 months after the date of 
        enactment of this Act, the Secretary shall determine whether to 
        establish a leasing program under this section for wind or 
        solar energy.
            (2) Establishment.--The Secretary shall establish a leasing 
        program if the Secretary determines that the program--
                    (A) is in the public interest; and
                    (B) provides an effective means of developing wind 
                or solar energy on covered land.
            (3) Consultation.--In making the determinations required 
        under this subsection, the Secretary shall consult with--
                    (A) the Secretary of Agriculture;
                    (B) the heads of other relevant Federal agencies;
                    (C) affected States and Indian tribes;
                    (D) representatives of the solar and wind industry;
                    (E) representatives of the environmental and 
                conservation community; and
                    (F) the public.
            (4) Considerations.--In making the determinations required 
        under this subsection, the Secretary shall consider the results 
        of the report provided under subsection (b)(5) and the results 
        of the pilot program.
            (5) Regulations.--Not later than 180 days after the date on 
        which any determination is made to establish a leasing program, 
        the Secretary shall promulgate final regulations to implement 
        the program.
            (6) Report.--If the Secretary determines that a leasing 
        program should not be established, not later than 60 days after 
        the date of the determination, the Secretary shall submit to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Natural Resources of the House of 
        Representatives a report describing the reasons and findings 
        for the determination.
    (d) Transition.--
            (1) In general.--If the Secretary determines that a leasing 
        program should be established, the Secretary shall continue to 
        provide for the issuance of rights-of-way for the development 
        of wind or solar energy in accordance with each requirement 
        described in title V of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1761 et seq.) until the program is 
        established and final regulations for the program are 
        promulgated.
            (2) Administration.--The Secretary shall by regulation 
        provide for a reasonable transition from the use of rights-of-
        way to leases, taking into account the status of the project 
        (including whether rights-of-way for testing or construction 
        have been granted or whether a plan of development has been 
        submitted).
    (e) Leasing Program.--If the Secretary determines under subsection 
(c) that a leasing program should be established, the program shall be 
established in accordance with subsections (f) through (l).
    (f) Competitive Leases.--
            (1) In general.--Except as provided in paragraph (2), 
        leases for wind or solar energy development under this section 
        shall be issued on a competitive basis with a single round of 
        bidding in any lease sale.
            (2) Exceptions.--Paragraph (1) shall not apply if the 
        Secretary determines that--
                    (A) no competitive interest exists;
                    (B) the public interest would not be served by the 
                competitive issuance of a lease or right-of-way; or
                    (C) the lease is for the placement and operation of 
                a meteorological or data collection facility or for the 
                development or demonstration of a new wind or solar 
                technology and has a term of not more than 5 years.
    (g) Payments.--
            (1) In general.--The Secretary shall establish royalties, 
        fees, rentals, bonuses, or other payments to ensure a fair 
        return to the United States for any lease issued under this 
        section.
            (2) Bonus bids.--The Secretary may grant credit toward any 
        bonus bid for a qualified expenditure by the holder of a lease 
        described in subsection (f)(2)(C) in any competitive lease sale 
        held for a long-term lease covering the same land covered by 
        the lease described in subsection (f)(2)(C).
            (3) Royalties.--Any lease shall require the payment of a 
        royalty established by the Secretary pursuant to rulemaking 
        that shall be a percentage of the gross proceeds from the sale 
        of electricity at a rate that--
                    (A) encourages production of solar or wind energy; 
                and
                    (B) ensures a fair return to the public comparable 
                to the return that would be obtained on State and 
                private land.
            (4) Royalty relief.--To promote the greatest generation of 
        renewable energy, the Secretary may--
                    (A) reduce any royalty otherwise required on a 
                showing by clear and convincing evidence by the person 
                holding a lease under which the generation of energy 
                has occurred that, without the reduction in royalty, 
                generation would not occur; or
                    (B) provide that no royalty or a reduced royalty is 
                required under a lease for a period not to exceed 5 
                years beginning on the date that generation initially 
                commences.
    (h) Eligibility.--To be eligible to hold a lease under this 
section, a person shall meet the eligibility requirements for leasing 
under the first section of the Mineral Leasing Act (30 U.S.C. 181).
    (i) Requirements.--The Secretary shall ensure that any activity 
under a leasing program is carried out in a manner that--
            (1) is consistent with all applicable land use planning, 
        environmental, and other laws; and
            (2) provides for--
                    (A) safety;
                    (B) protection of the environment;
                    (C) prevention of waste;
                    (D) diligent development of the resource;
                    (E) coordination with applicable Federal agencies;
                    (F) a fair return to the United States for any 
                lease;
                    (G) use of best management practices, including 
                planning and practices for mitigation of impacts;
                    (H) public notice and comment on any proposal 
                submitted for a lease under this section; and
                    (I) oversight, inspection, research, monitoring, 
                and enforcement relating to a lease under this section.
    (j) Lease Duration, Suspension, and Cancellation.--The Secretary 
shall establish terms and conditions for the duration, issuance, 
transfer, renewal, suspension, and cancellation of a lease under this 
section.
    (k) Security.--The Secretary shall require the holder of a lease 
issued under this section--
            (1) to furnish a surety bond or other form of security, as 
        prescribed by the Secretary;
            (2) to provide for the reclamation and restoration of the 
        area covered by the lease; and
            (3) to comply with such other requirements as the Secretary 
        considers necessary to protect the interests of the public and 
        the United States.
    (l) Disposition of Revenues.--The Secretary shall provide for the 
payment of 5 percent of the revenues received by the Federal Government 
as a result of leasing under this section or the issuance of rights-of-
way for wind or solar development under title V of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) to the State 
within which the boundaries of the leased land or right-of-way are 
located.

                    Subtitle C--Unconventional Fuels

SEC. 221. TRANSPARENCY FOR DELAYED LOAN GUARANTEE APPLICATIONS.

    Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is 
amended by adding at the end the following:
    ``(l) Reporting Requirement.--
            ``(1) In general.--If the Secretary fails to make a final 
        decision by the date that is 270 days after the date on which 
        the Secretary selects an application to proceed to negotiations 
        of terms and conditions for issuance of a conditional 
        commitment for a loan guarantee application under this title 
        for a substitute natural gas, chemical feedstock, or liquid 
        transportation fuel project, not later than 7 days after that 
        date, and for every 90-day period thereafter, the Secretary 
        shall--
                    ``(A) prepare a status report for the period 
                covered by the report; and
                    ``(B) submit the status report to--
                            ``(i) the Committee on Energy and Natural 
                        Resources of the Senate; and
                            ``(ii) the Committee on Energy and Commerce 
                        of the House of Representatives.
            ``(2) Contents.--The status report described in paragraph 
        (1) shall contain--
                    ``(A) a description of each reason for the delay of 
                the application;
                    ``(B) the name and office of the official who, for 
                the period covering the status report, has reviewed the 
                application; and
                    ``(C) a detailed schedule for completion of the 
                application review.''.

SEC. 222. ALGAE-BASED FUEL INCENTIVES.

    Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) 
is amended by adding at the end thereof the following:
                            ``(vi) Algae-based fuel incentives.--In 
                        determining whether the applicable volume of 
                        renewable fuel required by this subsection is 
                        met in any calendar year, the Administrator 
                        shall count each gallon of renewable fuel 
                        produced from algae as three gallons of 
                        renewable fuel if such algae-based fuel was 
                        produced using carbon dioxide that was captured 
                        in a manner that prevented its uncontrolled 
                        release into the atmosphere during a separate 
                        energy production process.''.

SEC. 223. LOAN GUARANTEE ELIGIBLE PROJECTS.

    Section 1703(b) of the Energy Policy Act of 2005 is amended by 
adding at the end the following:
            ``(11) Substitute natural gas production facilities, where 
        the fuel produced--
                    ``(A) is a gas produced from a solid feedstock 
                through a gasification process; and
                    ``(B) is produced in a manner that captures ninety 
                percent or more of the carbon produced through the 
                gasification process.''.

                       TITLE III--NUCLEAR ENERGY

SEC. 301. OBJECTIVES.

    Section 951(a) of the Energy Policy Act of 2005 (42 U.S.C. 
16271(a)) is amended--
            (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (5) through (11), respectively;
            (2) by inserting after paragraph (1) the following new 
        paragraphs:
            ``(2) Reducing the costs of nuclear reactor systems.
            ``(3) Reducing used nuclear fuel and nuclear waste products 
        generated by civilian nuclear energy.
            ``(4) Supporting technological advances in areas that 
        industry by itself is not likely to undertake because of 
        technical and financial uncertainty.''; and
            (3) by inserting after paragraph (11), as so redesignated, 
        the following new paragraph:
            ``(12) Researching and developing technologies and 
        processes so as to improve and streamline the process by which 
        nuclear power systems meet Federal and State requirements and 
        standards.''.

SEC. 302. FUNDING.

    Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is 
further amended--
            (1) in subsection (b), by striking paragraphs (1) through 
        (3) and inserting the following:
            ``(1) $419,000,000 for fiscal year 2012;
            ``(2) $429,000,000 for fiscal year 2013; and
            ``(3) $439,000,000 for fiscal year 2014.''; and
            (2) in subsection (d)--
                    (A) by striking ``under subsection (a)'' and 
                inserting ``under subsection (b)'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) For activities under section 953--
                    ``(A) $201,000,000 for fiscal year 2012;
                    ``(B) $201,000,000 for fiscal year 2013; and
                    ``(C) $201,000,000 for fiscal year 2014.''; and
                    (C) by inserting after paragraph (3) the following 
                new paragraphs:
            ``(4) For activities under section 952, other than those 
        described in section 952(d)--
                    ``(A) $64,000,000 for fiscal year 2012;
                    ``(B) $64,000,000 for fiscal year 2013; and
                    ``(C) $64,000,000 for fiscal year 2014.
            ``(5) For activities under section 952(d)--
                    ``(A) $55,000,000 for fiscal year 2012;
                    ``(B) $65,000,000 for fiscal year 2013; and
                    ``(C) $75,000,000 for fiscal year 2014.
            ``(6) For activities under section 958--
                    ``(A) $99,000,000 for fiscal year 2012;
                    ``(B) $99,000,000 for fiscal year 2013; and
                    ``(C) $99,000,000 for fiscal year 2014.''.

SEC. 303. PROGRAM OBJECTIVES STUDY.

    Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is 
amended by adding at the end the following new subsection:
    ``(f) Program Objectives Study.--In furtherance of the program 
objectives listed in subsection (a) of this section, the Secretary 
shall, within one year after the date of enactment of this subsection, 
transmit to the Congress a report on the results of a study on the 
scientific and technical merit of major State requirements and 
standards, including moratoria, that delay or impede the further 
development and commercialization of nuclear power, and how the 
Department in implementing the programs can assist in overcoming such 
delays or impediments.''.

SEC. 304. NUCLEAR ENERGY RESEARCH AND DEVELOPMENT PROGRAMS.

    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is 
amended by striking subsections (c) through (e) and inserting the 
following:
    ``(c) Reactor Concepts.--
            ``(1) In general.--The Secretary shall carry out a program 
        of research, development, demonstration, and commercial 
        application to advance nuclear power systems as well as 
        technologies to sustain currently deployed systems.
            ``(2) Designs and technologies.--In conducting the program 
        under this subsection, the Secretary shall examine advanced 
        reactor designs and nuclear technologies, including those 
        that--
                    ``(A) are economically competitive with other 
                electric power generation plants;
                    ``(B) have higher efficiency, lower cost, and 
                improved safety compared to reactors in operation as of 
                the date of enactment of the Fulfilling U.S. Energy 
                Leadership Act;
                    ``(C) utilize passive safety features;
                    ``(D) minimize proliferation risks;
                    ``(E) substantially reduce production of high-level 
                waste per unit of output;
                    ``(F) increase the life and sustainability of 
                reactor systems currently deployed;
                    ``(G) use improved instrumentation;
                    ``(H) are capable of producing large-scale 
                quantities of hydrogen or process heat; or
                    ``(I) minimize water usage or use alternatives to 
                water as a cooling mechanism.
            ``(3) International cooperation.--In carrying out the 
        program under this subsection, the Secretary shall seek 
        opportunities to enhance the progress of the program through 
        international cooperation through such organizations as the 
        Generation IV International Forum, or any other international 
        collaboration the Secretary considers appropriate.
            ``(4) Exceptions.--No funds authorized to be appropriated 
        to carry out the activities described in this subsection shall 
        be used to fund the activities authorized under sections 641 
        through 645.''.

SEC. 305. SMALL MODULAR REACTOR PROGRAM.

    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is 
further amended by adding at the end the following new subsection:
    ``(d) Small Modular Reactor Program.--
            ``(1) In general.--
                    ``(A) The Secretary shall carry out a small modular 
                reactor program to promote research, development, 
                demonstration, and commercial application of small 
                modular reactors, including through cost-shared 
                projects for commercial application of reactor systems 
                designs.
                    ``(B) The Secretary shall consult with and utilize 
                the expertise of the Secretary of the Navy in 
                establishing and carrying out such program.
                    ``(C) Activities may also include development of 
                advanced computer modeling and simulation tools, by 
                Federal and non-Federal entities, which demonstrate and 
                validate new design capabilities of innovative small 
                modular reactor designs.
            ``(2) Definition.--For the purposes of this subsection, the 
        term `small modular reactor' means a nuclear reactor--
                    ``(A) with a rated capacity of less than 300 
                electrical megawatts;
                    ``(B) with respect to which most parts can be 
                factory assembled and shipped as modules to a reactor 
                plant site for assembly; and
                    ``(C) that can be constructed and operated in 
                combination with similar reactors at a single site.
            ``(3) Limitation.--Demonstration activities carried out 
        under this section shall be limited to individual technologies 
        and systems, and shall not include demonstration of full 
        reactor systems or full plant operations.
            ``(4) Administration.--In conducting the small modular 
        reactor program, the Secretary may enter into cooperative 
        agreements to support small modular reactor designs that 
        enable--
                    ``(A) lower capital costs or increased access to 
                private financing in comparison to current large 
                reactor designs;
                    ``(B) reduced long-term radiotoxicity, mass, or 
                decay heat of the nuclear waste produced by generation;
                    ``(C) increased operating safety of nuclear 
                facilities;
                    ``(D) reduced dependence of reactor systems on 
                water resources;
                    ``(E) increased seismic resistance of nuclear 
                generation;
                    ``(F) reduced proliferation risks through 
                integrated safeguards and security proliferation 
                controls; and
                    ``(G) increased efficiency in reactor manufacturing 
                and construction.
            ``(5) Application.--To be eligible to enter into a 
        cooperative agreement with the Secretary under this subsection, 
        an applicant shall submit to the Secretary a proposal for the 
        small modular reactor project to be undertaken. The proposal 
        shall document--
                    ``(A) all partners and suppliers that will be 
                active in the small modular reactor project, including 
                a description of each partner or supplier's anticipated 
                domestic and international activities;
                    ``(B) measures to be undertaken to enable cost-
                effective implementation of the small modular reactor 
                project;
                    ``(C) an accounting structure approved by the 
                Secretary;
                    ``(D) all known assets that shall be contributed to 
                satisfy the cost-sharing requirement under paragraph 
                (6); and
                    ``(E) the extent to which the proposal will 
                increase domestic manufacturing activity, exports, or 
                employment.
            ``(6) Cost sharing.--Notwithstanding section 988, the 
        Secretary shall require the parties to a cooperative agreement 
        under this subsection to be responsible for not less than 50 
        percent of the costs of the small modular reactor project.
            ``(7) Calculation of cost sharing amount.--A recipient of 
        financial assistance under this section may not satisfy the 
        cost sharing requirement under paragraph (6) by using funds 
        received from the Federal Government through appropriation 
        Acts.
            ``(8) Project selection criteria.--The Secretary shall 
        consider the following factors in entering into a cooperative 
        agreement under this subsection:
                    ``(A) The domestic manufacturing capabilities of 
                the parties to the cooperative agreement and their 
                partners and suppliers.
                    ``(B) The viability of the reactor design and the 
                business plan or plans of the parties to the 
                cooperative agreement.
                    ``(C) The parties to the cooperative agreement's 
                potential to continue the development of small modular 
                reactors without Federal subsidies or loan guarantees.
                    ``(D) The cost share to be provided.
                    ``(E) The degree to which the following goals will 
                be advanced:
                            ``(i) Lower capital costs or increased 
                        access to private financing in comparison to 
                        current large reactor designs.
                            ``(ii) Reduced long-term radiotoxicity, 
                        mass, or decay heat of the nuclear waste 
                        produced by generation.
                            ``(iii) Increased operating safety of 
                        nuclear facilities.
                            ``(iv) Reduced dependence of reactor 
                        systems on water resources.
                            ``(v) Increased seismic resistance of 
                        nuclear generation.
                            ``(vi) Reduced proliferation risks through 
                        integrated safeguards and security 
                        proliferation controls.
                            ``(vii) Increased efficiency in reactor 
                        manufacturing and construction.''.

SEC. 306. CONVENTIONAL IMPROVEMENTS TO NUCLEAR POWER PLANTS.

    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is 
further amended by adding at the end the following new subsection:
    ``(e) Conventional Improvements to Nuclear Power Plants.--
            ``(1) In general.--The Secretary may carry out a Nuclear 
        Energy Research Initiative for research and development related 
        to steam-side improvements to nuclear power plants to promote 
        the research, development, demonstration, and commercial 
        application of--
                    ``(A) cooling systems;
                    ``(B) turbine technologies;
                    ``(C) heat exchangers and pump design;
                    ``(D) special coatings to improve lifetime of 
                components and performance of heat exchangers; and
                    ``(E) advanced power conversion systems for 
                advanced reactor technologies.
            ``(2) Administration.--The Secretary may undertake 
        initiatives under this subsection only when the goals are 
        relevant and proper to enhance the performance of technologies 
        developed under subsection (c). Not more than $10,000,000 of 
        funds authorized for this section may be used for carrying out 
        this subsection.''.

SEC. 307. FUEL CYCLE RESEARCH AND DEVELOPMENT.

    (a) Amendments.--Section 953 of the Energy Policy Act of 2005 (42 
U.S.C. 16273) is amended--
            (1) in the section heading by striking ``advanced fuel 
        cycle initiative'' and inserting ``fuel cycle research and 
        development'';
            (2) by striking subsection (a);
            (3) by redesignating subsections (b) through (d) as 
        subsections (e) through (g), respectively; and
            (4) by inserting before subsection (e), as so redesignated 
        by paragraph (3) of this subsection, the following new 
        subsections:
    ``(a) In General.--The Secretary shall conduct a fuel cycle 
research, development, demonstration, and commercial application 
program (referred to in this section as the `program') on fuel cycle 
options that improve uranium resource utilization, maximize energy 
generation, minimize nuclear waste creation, improve safety, mitigate 
risk of proliferation, and improve waste management in support of a 
national strategy for spent nuclear fuel and the reactor concepts 
research, development, demonstration, and commercial application 
program under section 952(c).
    ``(b) Fuel Cycle Options.--Under this section the Secretary may 
consider implementing the following initiatives:
            ``(1) Open cycle.--Developing fuels, including the use of 
        nonuranium materials, for use in reactors that increase energy 
        generation and minimize the amount of nuclear waste produced in 
        an open fuel cycle.
            ``(2) Modified open cycle.--Developing fuel forms, 
        reactors, and limited separation and transmutation methods that 
        increase fuel utilization and reduce nuclear waste in a 
        modified open fuel cycle.
            ``(3) Full recycle.--Developing advanced recycling 
        technologies, including Generation IV Reactors, to reduce the 
        risk of proliferation, radiotoxicity, mass, and decay heat to 
        the greatest extent possible.
            ``(4) Advanced storage methods.--Developing advanced 
        storage technologies for both onsite and long-term storage that 
        substantially prolong the effective life of current storage 
        devices or that substantially improve upon existing nuclear 
        waste storage technologies and methods, including repositories.
            ``(5) Alternative and deep borehole storage methods.--
        Developing alternative storage methods for long-term storage, 
        including deep boreholes into stable crystalline rock 
        formations and mined repositories in a range of geologic media.
            ``(6) Other technologies.--Developing any other technology 
        or initiative that the Secretary determines is likely to 
        advance the objectives of the program established under 
        subsection (a).
    ``(c) Additional Advanced Recycling and Crosscutting Activities.--
In addition to and in support of the specific initiatives described in 
paragraphs (1) through (6), the Secretary may support the following 
activities:
            ``(1) Development and testing of integrated process flow 
        sheets for advanced nuclear fuel recycling processes.
            ``(2) Research to characterize the byproducts and waste 
        streams resulting from fuel recycling processes.
            ``(3) Research and development on reactor concepts or 
        transmutation technologies that improve resource utilization or 
        reduce the radiotoxicity of waste streams.
            ``(4) Research and development on waste treatment processes 
        and separations technologies, advanced waste forms, and 
        quantification of proliferation risks.
            ``(5) Identification and evaluation of test and 
        experimental facilities necessary to successfully implement the 
        advanced fuel cycle initiative.
            ``(6) Advancement of fuel cycle-related modeling and 
        simulation capabilities.
    ``(d) Blue Ribbon Commission Report.--
            ``(1) In carrying out this section, the Secretary shall 
        give consideration to the final report on a long-term nuclear 
        waste solution produced by the Blue Ribbon Commission on 
        America's Nuclear Future.
            ``(2) Not later than 180 days after the release of the Blue 
        Ribbon Commission on America's Nuclear Future final report, the 
        Secretary shall transmit to Congress a report, which shall 
        include--
                    ``(A) any plans the Department may have to 
                incorporate any relevant recommendations from this 
                report into the program; and
                    ``(B) how those recommendations for long-term 
                nuclear waste solutions that will be incorporated into 
                the plan compare with plans for a long-term nuclear 
                waste solution of a repository at Yucca Mountain, that 
                may or may not be incorporated into the plan, with 
                regard to the safety, security, legal, cost, and 
                technological and site readiness factors associated 
                with any recommendations related to final disposition 
                pathways for spent nuclear fuel and high-level 
                radioactive waste to the same factors associated with 
                permanent deep geological disposal at the Yucca 
                Mountain waste repository.
            ``(3) The analysis described in paragraph (2)(B) shall be 
        conducted using scientific and technical materials and 
        information used to support policy actions related to the Yucca 
        Mountain project.''.
    (b) Conforming Amendment.--The item relating to section 953 in the 
table of contents of the Energy Policy Act of 2005 is amended to read 
as follows:

``Sec. 953. Fuel cycle research and development.''.

SEC. 308. NUCLEAR ENERGY ENABLING TECHNOLOGIES PROGRAM.

    (a) Amendment.--Subtitle E of title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16271 et seq.) is amended by adding at the following 
new section:

``SEC. 958. NUCLEAR ENERGY ENABLING TECHNOLOGIES.

    ``(a) In General.--The Secretary shall conduct a program to support 
the integration of activities undertaken through the reactor concepts 
research, development, demonstration, and commercial application 
program under section 952(c) and the fuel cycle research and 
development program under section 953, and support crosscutting nuclear 
energy concepts. Activities commenced under this section shall be 
concentrated on broadly applicable research and development focus 
areas.
    ``(b) Activities.--Activities conducted under this section may 
include research involving--
            ``(1) advanced reactor materials;
            ``(2) advanced radiation mitigation methods;
            ``(3) advanced proliferation and security risk assessment 
        methods;
            ``(4) advanced sensors and instrumentation;
            ``(5) advanced nuclear manufacturing methods; or
            ``(6) any crosscutting technology or transformative concept 
        aimed at establishing substantial and revolutionary 
        enhancements in the performance of future nuclear energy 
        systems that the Secretary considers relevant and appropriate 
        to the purpose of this section.
    ``(c) Report.--The Secretary shall submit, as part of the annual 
budget submission of the Department, a report on the activities of the 
program conducted under this section, which shall include a brief 
evaluation of each activity's progress.''.
    (b) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 2005 is amended by adding at the end of the items for 
subtitle E of title IX the following new item:

``Sec. 958. Nuclear energy enabling technologies.''.

SEC. 309. EMERGENCY RISK ASSESSMENT AND PREPAREDNESS REPORT.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall transmit to the Congress a report summarizing 
quantitative risks associated with the potential of a severe accident 
arising from the use of civilian nuclear energy technology, including 
reactor technology deployed or likely to be deployed as of the date of 
enactment of this Act, and outlining the technologies currently 
available to mitigate the consequences of such an accident. The report 
shall include recommendations of areas of technological development 
that should be pursued to reduce the potential public harm arising from 
such an incident.

SEC. 310. NEXT GENERATION NUCLEAR PLANT.

    (a) Prototype Plant Location.--Section 642(b)(3) of the Energy 
Policy Act of 2005 (42 U.S.C. 16022(b)(3)) is amended to read as 
follows:
            ``(3) Prototype plant location.--The prototype nuclear 
        reactor and associated plant shall be constructed at a location 
        determined by the consortium through an open and transparent 
        competitive selection process.''.
    (b) Report.--
            (1) Requirement.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall transmit 
        to the Congress a report providing a status update of the Next 
        Generation Nuclear Plant program that provides analysis of--
                    (A) its progress;
                    (B) how Federal funds appropriated for the project 
                have been distributed and spent; and
                    (C) the current and expected participation by non-
                Federal entities.
            (2) Contents.--The report shall include--
                    (A) an analysis of the proposed facility's 
                technical capabilities and remaining technological 
                development challenges, and a cost estimate and 
                construction schedule;
                    (B) an assessment of the advantages and 
                disadvantages of funding a pilot-scale research reactor 
                project in lieu of a full-scale commercial power 
                reactor;
                    (C) an assessment of alternative construction sites 
                proposed by private industry;
                    (D) an assessment of the extent to which the 
                Department of Energy is working with industry and the 
                Nuclear Regulatory Commission to ensure that the Next 
                Generation Nuclear Plant program meets industry 
                expectations for long-term application of technologies 
                and addresses potential licensing procedures for 
                deployment;
                    (E) an assessment of the known or anticipated 
                challenges to securing private non-Federal cost share 
                funds and any measures to overcome these challenges, 
                including any alternative funding approaches such as 
                front loading the Federal share;
                    (F) an assessment of project risks, including those 
                related to--
                            (i) project scope, schedule, and resources;
                            (ii) the formation of partnerships or 
                        agreements between the Department and the 
                        private sector necessary for the project's 
                        success; and
                            (iii) the Department's capabilities to 
                        identify and manage such risks; and
                    (G) an assessment of what is known about the 
                potential impact of natural gas and other fossil fuel 
                prices on private entity participation in the project.

SEC. 311. TECHNICAL STANDARDS COLLABORATION.

    (a) In General.--The Director of the National Institute of 
Standards and Technology shall establish a nuclear energy standards 
committee (in this section referred to as the ``technical standards 
committee'') to facilitate and support, consistent with the National 
Technology Transfer and Advancement Act of 1995, the development or 
revision of technical standards for new and existing nuclear power 
plants and advanced nuclear technologies.
    (b) Membership.--
            (1) In general.--The technical standards committee shall 
        include representatives from appropriate Federal agencies and 
        the private sector, and be open to materially affected 
        organizations involved in the development or application of 
        nuclear energy-related standards.
            (2) Co-chairs.--The technical standards committee shall be 
        co-chaired by a representative from the National Institute of 
        Standards and Technology and a representative from a private 
        sector standards organization.
    (c) Duties.--The technical standards committee shall, in 
cooperation with appropriate Federal agencies--
            (1) perform a needs assessment to identify and evaluate the 
        technical standards that are needed to support nuclear energy, 
        including those needed to support new and existing nuclear 
        power plants and advanced nuclear technologies;
            (2) formulate, coordinate, and recommend priorities for the 
        development of new technical standards and the revision of 
        existing technical standards to address the needs identified 
        under paragraph (1);
            (3) facilitate and support collaboration and cooperation 
        among standards developers to address the needs and priorities 
        identified under paragraphs (1) and (2);
            (4) as appropriate, coordinate with other national, 
        regional, or international efforts on nuclear energy-related 
        technical standards in order to avoid conflict and duplication 
        and to ensure global compatibility; and
            (5) promote the establishment and maintenance of a database 
        of nuclear energy-related technical standards.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000 for each of fiscal years 2012 through 2014 to 
the Director of the National Institute for Standards and Technology for 
activities under this section.

SEC. 312. EVALUATION OF LONG-TERM OPERATING NEEDS.

    (a) In General.--The Secretary of Energy shall enter into an 
arrangement with the National Academies to conduct an evaluation of the 
scientific and technological challenges to the long-term maintenance 
and safe operation of currently deployed nuclear power reactors up to 
and beyond the specified design-life of reactor systems.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall transmit to the Congress, and make 
publically available, the results of the evaluation undertaken by the 
Academies pursuant to subsection (a).

SEC. 313. AVAILABLE FACILITIES DATABASE.

    The Secretary of Energy shall prepare a database of non-Federal 
user facilities receiving Federal funds that may be used for 
unclassified nuclear energy research.   The Secretary shall make this 
database accessible on the Department of Energy's Web site.

SEC. 314. NUCLEAR WASTE DISPOSAL.

    To the extent consistent with the requirements of current law, the 
Department of Energy shall be responsible for disposal of high-level 
radioactive waste or spent nuclear fuel generated by reactors under the 
programs authorized in this title, or the amendments made by this 
title.

        TITLE IV--ENERGY TRANSMISSION BARRIERS AND OPPORTUNITIES

SEC. 401. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

    Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended to 
read as follows:

``SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

    ``(a) Policy.--It is the policy of the United States that the 
national interstate transmission system should be guided by the goal of 
maximizing the net benefits of the electricity system, taking into 
consideration--
            ``(1) support for the development of new renewable energy 
        generation capacity, including renewable energy generation 
        located distant from load centers and other location-
        constrained resources;
            ``(2) opportunities for reduced emissions from regional 
        power production;
            ``(3) cost savings resulting from--
                    ``(A) reduced transmission congestion;
                    ``(B) enhanced opportunities for intraregional and 
                interregional electricity trades;
                    ``(C) reduced line losses;
                    ``(D) generation resource-sharing; and
                    ``(E) enhanced fuel diversity;
            ``(4) reliability benefits, including satisfying 
        reliability standards and guidelines for resource adequacy and 
        system security;
            ``(5) diversification of risk relating to events affecting 
        fuel supply or generating resources in a particular region;
            ``(6) the enhancement of competition in electricity markets 
        and mitigation of market power;
            ``(7) the ability to collocate facilities on existing 
        rights-of-way;
            ``(8) competing land use priorities, including land 
        protected under Federal or State law;
            ``(9) the requirements of section 217(b)(4); and
            ``(10) the contribution of demand side management 
        (including energy efficiency and demand response), energy 
        storage, distributed generation resources, and smart grid 
        investments.
    ``(b) Definitions.--In this section:
            ``(1) High-priority national transmission project.--The 
        term `high-priority national transmission project' means an 
        overhead or underground transmission facility, consisting of 
        conductors or cables, towers, manhole duct systems, phase 
        shifting transformers, reactors, capacitors, and any ancillary 
        facilities and equipment necessary for the proper operation of 
        the facility, that--
                    ``(A)(i) operates at or above a voltage of--
                            ``(I) 345 kilovolts alternating current; or
                            ``(II) 300 kilovolts direct current;
                    ``(ii) is a very high current conductor or 
                superconducting cable that operates at or above a power 
                equivalent to the power of a conventional transmission 
                cable operating at or above 345 kilovolts alternating 
                current or 300 kilovolts direct current; or
                    ``(iii) is a renewable feeder line that transmits 
                electricity directly to a transmission facility under 
                clause (i) or (ii); and
                    ``(B) is included in a regional plan pursuant to 
                subsection (c).
            ``(2) Indian land.--The term `Indian land' means land--
                    ``(A) the title to which is held by the United 
                States in trust for an Indian tribe or individual 
                Indian; or
                    ``(B) that is held by an Indian tribe or individual 
                Indian subject to a restriction by the United States 
                against alienation or encumbrance.
            ``(3) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaska Native village or regional or 
        village corporation (as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.)), which is recognized as eligible for the special 
        programs and services provided by the United States to Indians 
        because of their status as Indians.
            ``(4) Load-serving entity.--Except as otherwise provided in 
        this section, the term `load-serving entity' means any person, 
        Federal, State, or local agency or instrumentality, or electric 
        cooperative that delivers electric energy to end-use customers.
            ``(5) Location-constrained resource.--
                    ``(A) In general.--The term `location-constrained 
                resource' means a low-carbon resource used to produce 
                electricity that is geographically constrained such 
                that the resource cannot be relocated to an existing 
                transmission line.
                    ``(B) Inclusions.--The term `location-constrained 
                resource' includes the following types of resources 
                described in subparagraph (A):
                            ``(i) Renewable energy, including offshore 
                        resources.
                            ``(ii) A fossil fuel electricity plant 
                        equipped with carbon capture technology that is 
                        located at a site that is appropriate for 
                        carbon storage or beneficial reuse.
            ``(6) Renewable energy.--The term `renewable energy' means 
        electric energy generated from--
                    ``(A) solar energy;
                    ``(B) wind energy;
                    ``(C) marine and hydrokinetic renewable energy;
                    ``(D) geothermal energy;
                    ``(E) hydropower;
                    ``(F) biomass; or
                    ``(G) landfill gas.
            ``(7) Renewable feeder line.--The term `renewable feeder 
        line' means a transmission line that--
                    ``(A) operates at a voltage of 100 kilovolts or 
                greater; and
                    ``(B) is identified in the applicable 
                Interconnection-wide transmission plan or by the 
                Commission as a facility that is to be developed to 
                facilitate collection of electric energy produced by 
                renewable energy.
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
    ``(c) Plans for National Interstate Transmission System.--
            ``(1) In general.--The Commission shall coordinate regional 
        planning to ensure that regional plans are integrated into an 
        Interconnection-wide transmission plan with respect to high-
        priority national transmission projects, that achieves the 
        policy established under subsection (a).
            ``(2) Planning principles.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Fulfilling U.S. Energy 
                Leadership Act, the Commission shall issue, by rule, 
                after notice and opportunity for comment, national 
                electricity grid planning principles pursuant to the 
                policy established under subsection (a).
                    ``(B) Content.--The principles shall--
                            ``(i) address how the utilities should 
                        fully incorporate consideration of the need for 
                        high-priority national transmission projects 
                        into planning efforts;
                            ``(ii) address how the utilities should 
                        coordinate with each other, States, Indian 
                        tribes, and other planning efforts in the 
                        applicable Interconnection to effectively 
                        develop an Interconnection-wide analysis to 
                        identify needed additions or modifications to 
                        high-priority national transmission projects, 
                        with particular attention to identifying needs 
                        that can be most efficiently and effectively 
                        addressed with high-priority national 
                        transmission projects that cross multiple 
                        utilities, Regional Transmission Organizations, 
                        or Independent System Operators;
                            ``(iii)(I) address alternatives to high-
                        priority national transmission projects, based 
                        on the factors described in subparagraph 
                        (C)(iii); and
                            ``(II) determine whether alternative 
                        investments can provide a more expedient means 
                        of improving electricity system capacity or 
                        reliability or reduced costs for end-users; and
                            ``(iv) include mechanisms for soliciting 
                        input from the Secretary, Federal transmitting 
                        utilities, the Secretary of the Interior, 
                        States, Indian tribes, electric reliability 
                        organizations, regional entities, entities 
                        described in section 201(f), generators, load-
                        serving entities, other interested parties, and 
                        the public.
                    ``(C) Factors.--Plans for the development and 
                improvement of high-priority national transmission 
                projects into a national high-capacity transmission 
                grid shall take into consideration--
                            ``(i) the location of load centers;
                            ``(ii) the location of generation and 
                        potential generation development, including 
                        location-constrained resources;
                            ``(iii) existing and potential demand side 
                        management (including energy efficiency and 
                        demand response), energy storage, distributed 
                        generation resources, and smart grid 
                        investments;
                            ``(iv) the plans of Regional Transmission 
                        Organizations, Independent System Operators, 
                        State authorities, Indian tribes, transmission 
                        owners, load-serving entities, and others in 
                        the region;
                            ``(v) the needs and long-term rights 
                        described in section 217(b); and
                            ``(vi) costs to consumers of high-priority 
                        national transmission projects, including 
                        considering the cost of reasonable 
                        alternatives.
            ``(3) Submission of plans.--
                    ``(A) In general.--
                            ``(i) In general.--One or more public 
                        utilities, transmitting utilities, Regional 
                        Transmission Organizations, Independent System 
                        Operators, regional entities (as defined in 
                        section 215(a)), or other multistate 
                        organizations or entities (including entities 
                        described in section 201(f)) may develop a 
                        regional plan relating to 1 or more high-
                        priority national transmission projects that is 
                        consistent with the planning principles 
                        established by the Commission.
                            ``(ii) Other plans.--
                                    ``(I) In general.--Any public 
                                utility or transmitting utility that 
                                does not participate in 1 of the 
                                regional plans developed under clause 
                                (i) shall develop its own plan relating 
                                to any high-priority national 
                                transmission project planned for the 
                                system of the utility.
                                    ``(II) Planning principles.--The 
                                plan shall be consistent with the 
                                planning principles established by the 
                                Commission.
                            ``(iii) Timing.--Any plan developed under 
                        clause (i) or (ii) shall be submitted to the 
                        Commission--
                                    ``(I) as soon as practicable, but 
                                not later than 2 years, after the date 
                                of enactment of the Fulfilling U.S. 
                                Energy Leadership Act; and
                                    ``(II) periodically thereafter as 
                                prescribed by the Commission.
                    ``(B) Coordination.--
                            ``(i) Joint submissions.--The requirements 
                        of subparagraph (A) may be satisfied by a joint 
                        submission.
                            ``(ii) Single interconnection-wide plan.--
                        The Commission shall encourage coordination 
                        that would permit submission of a single 
                        Interconnection-wide plan for high-priority 
                        national transmission projects.
                    ``(C) Modifications.--The Commission may require 
                modification of a submitted plan to the extent that the 
                Commission determines that the modification is 
                necessary--
                            ``(i) to reconcile inconsistencies between 
                        plans submitted; or
                            ``(ii) to achieve the policy goals 
                        established under subsection (a).
            ``(4) Applicability.--The transmission planning principles 
        and requirements of this subsection shall apply to each 
        transmission owner and transmission planning entity in the 
        United States portion of the Eastern and Western 
        Interconnections, including an entity described in section 
        201(f).
    ``(d) Siting.--
            ``(1) Purposes.--The purposes of this section is to ensure 
        that high-priority national transmission projects are in the 
        public interest and advance the policy established under 
        subsection (a).
            ``(2) Designation of eligibility.--The Commission may grant 
        an applicant that submits an application for a proposed project 
        a designation of eligibility for consideration under this 
        subsection if the Commission finds that the proposed project is 
        a high-priority national transmission project.
            ``(3) State review of project siting.--
                    ``(A) In general.--No developer of a high-priority 
                national transmission project may seek a certificate 
                for construction under subsection (e) unless the 
                developer first seeks authorization to construct the 
                high-priority national transmission project under 
                applicable State law concerning authorization and 
                routing of transmission facilities.
                    ``(B) Federal authority.--The Commission may 
                authorize, in accordance with subsection (e), 
                construction of a high-priority national transmission 
                project that the Commission finds to be in the public 
                interest and in accordance with this section if a 
                State--
                            ``(i) fails to approve construction and 
                        authorize routing of a high-priority national 
                        transmission project not later than 1 year 
                        after the date the applicant submits a 
                        completed application for authorization to the 
                        State;
                            ``(ii) rejects the application for a high-
                        priority national transmission project; or
                            ``(iii) authorizes the high-priority 
                        national transmission project subject to 
                        conditions that unreasonably interfere with the 
                        development of a high-priority national 
                        transmission project contrary to the purposes 
                        of this section.
    ``(e) Construction.--
            ``(1) Application for certificate.--
                    ``(A) In general.--An applicant for a high-priority 
                national transmission project may apply to the 
                Commission for a certificate of public convenience and 
                necessity with respect to construction of the high-
                priority national transmission project within a State 
                affected by the high-priority national transmission 
                project if the State--
                            ``(i) fails to authorize construction of 
                        the high-priority national transmission project 
                        under State law not later than 1 year after the 
                        date the developer submits a completed 
                        application for authorization to the State;
                            ``(ii) rejects the application for the 
                        high-priority national transmission project; or
                            ``(iii) authorizes the high-priority 
                        national transmission project subject to 
                        conditions that unreasonably interfere with the 
                        development of a high-priority national 
                        transmission project contrary to the purposes 
                        of this section.
                    ``(B) Form.--The application for a certificate 
                shall be made in writing in such form and containing 
                such information as the Commission may by regulation 
                require.
                    ``(C) Hearing.--On receipt of an application under 
                this paragraph, the Commission--
                            ``(i) shall provide notice to interested 
                        persons and opportunity for hearing; and
                            ``(ii) may approve (with or without 
                        conditions) or disapprove the application, in 
                        accordance with paragraph (2).
            ``(2) Grant of certificate.--
                    ``(A) In general.--A certificate shall be issued to 
                a qualified applicant for a certificate authorizing the 
                whole or partial operation, construction, acquisition, 
                or modification covered by the application, only if the 
                Commission determines that--
                            ``(i) the applicant is able and willing--
                                    ``(I) to do the acts and to perform 
                                the service proposed; and
                                    ``(II) to comply with this Act 
                                (including regulations); and
                            ``(ii) the proposed operation, 
                        construction, acquisition, or modification, to 
                        the extent authorized by the certificate, is or 
                        will be required by the present or future 
                        public convenience and necessity.
                    ``(B) Terms and conditions.--The Commission shall 
                have the power to attach to the issuance of a 
                certificate under this paragraph and to the exercise of 
                the rights granted under the certificate such 
                reasonable terms and conditions as the public 
                convenience and necessity may require.
                    ``(C) Use of state work.--If 1 or more States 
                reject or fail to act on a high-priority national 
                transmission project and the Commission has siting 
                authority for the high-priority national transmission 
                project under this section, the Commission shall give 
                due weight to--
                            ``(i) the environmental record and results 
                        of the siting process of a State that did 
                        complete the siting process of the State under 
                        this section; and
                            ``(ii) the information that had been 
                        submitted by an applicant to the State under 
                        this section.
                    ``(D) Evaluation of abilities of applicant.--
                            ``(i) In general.--In evaluating the 
                        ability of an applicant described in 
                        subparagraph (A)(i), the Commission shall 
                        consider whether the financial and technical 
                        capabilities of the applicant are adequate to 
                        support construction and operation of the high-
                        priority national transmission project proposed 
                        in the application.
                            ``(ii) Joint ownership projects.--In 
                        evaluating applications under paragraph (1), 
                        the Commission shall consider benefits from the 
                        greater diversification of financial risk 
                        inherent in the applications involving joint 
                        ownership projects by multiple load-serving 
                        entities.
                    ``(E) Public convenience and necessity.--In making 
                a determination with respect to public convenience and 
                necessity described in subparagraph (A)(ii), the 
                Commission shall--
                            ``(i) consider whether the facilities 
                        covered by an application are included in an 
                        Interconnection-wide transmission grid plan for 
                        a high-priority national transmission project 
                        developed pursuant to subsection (c); and
                            ``(ii) determine whether the facilities 
                        covered by the application are in the public 
                        interest.
            ``(3) Right of eminent domain.--If any holder of a 
        certificate issued under paragraph (2) cannot acquire by 
        contract, or is unable to agree with the owner of property on 
        the compensation to be paid for, the necessary right-of-way to 
        construct, operate, and maintain the high-priority national 
        transmission project to which the certificate relates, and the 
        necessary land or other property necessary to the proper 
        operation of the high-priority national transmission project, 
        the holder may acquire the right-of-way by the exercise of the 
        right of eminent domain in--
                    ``(A) the United States district court for the 
                district in which the property is located; or
                    ``(B) a State court.
            ``(4) State and tribal recommendations.--In granting a 
        certificate under paragraph (2), the Commission shall--
                    ``(A) permit State regulatory agencies and affected 
                Indian tribes to recommend mitigation measures, based 
                on habitat protection, environmental considerations, or 
                cultural site protection; and
                    ``(B)(i) incorporate those identified mitigation 
                measures as conditions on the certificate; or
                    ``(ii) if the Commission determines that a 
                recommended mitigation measure is inconsistent with the 
                purposes of this section, infeasible, or not cost-
                effective--
                            ``(I) consult with State regulatory 
                        agencies and affected Indian tribes to seek to 
                        resolve the issue;
                            ``(II) incorporate as conditions on the 
                        certificate such recommended mitigation 
                        measures as are determined to be appropriate by 
                        the Commission, based on consultation by the 
                        Commission with State regulatory agencies and 
                        affected Indian tribes, the purposes of this 
                        section, and the record before the Commission; 
                        and
                            ``(III) if, after consultation, the 
                        Commission does not adopt in whole or in part a 
                        recommendation of an agency or affected Indian 
                        tribe, publish a statement of a finding that 
                        the adoption of the recommendation is 
                        infeasible, not cost-effective, or inconsistent 
                        with this section or other applicable 
                        provisions of law.
            ``(5) State or local authorizations.--An applicant 
        receiving a certificate under this subsection with respect to 
        construction or modification of a high-priority national 
        transmission project in a State shall not require a separate 
        siting authorization from the State or any local authority 
        within the State.
            ``(6) Rights-of-way over indian land.--Notwithstanding 
        paragraph (3), in the case of siting, construction, operation, 
        and maintenance of a transmission facility to be located on or 
        over Indian land, a certificate holder under this section shall 
        comply with the requirements of Federal law for obtaining 
        rights-of-way on or over Indian land.
    ``(f) Coordination of Federal Authorizations for Transmission 
Facilities.--
            ``(1) Definition of federal authorization.--In this 
        subsection, the term `Federal authorization' means any 
        authorization required under Federal law in order to site a 
        transmission facility on Federal land, including such permits, 
        special use authorizations, certifications, opinions, or other 
        approvals as may be required under Federal law in order to site 
        a transmission facility.
            ``(2) Lead agency.--If a Federal authorization for a high-
        priority national transmission project involves land under the 
        jurisdiction of the Department of the Interior and any other 
        Federal agency, the Secretary of the Interior shall act as the 
        lead agency for purposes of coordinating all applicable Federal 
        authorizations and related environmental reviews.
            ``(3) Coordination.--To the maximum extent practicable 
        under applicable Federal law, the Secretary of the Interior 
        shall coordinate the Federal authorization and review process 
        under this subsection with the Commission, and with any Indian 
        tribes, multistate entities, and State agencies that are 
        responsible for conducting any separate permitting and 
        environmental reviews of the facility, to ensure timely and 
        efficient review and permit decisions.
            ``(4) Milestones and deadlines.--
                    ``(A) In general.--As the lead agency, the 
                Secretary of the Interior, in consultation with the 
                Commission and any other agency responsible for Federal 
                authorizations and, as appropriate, with Indian tribes, 
                multistate entities, and State agencies that are 
                willing to coordinate their own separate permitting and 
                environmental reviews with the Federal authorization 
                and environmental reviews, shall establish prompt and 
                binding intermediate milestones and ultimate deadlines 
                for the review of, and Federal authorization decisions 
                relating to, the proposed high-priority national 
                transmission project.
                    ``(B) Deadline.--The Secretary of the Interior 
                shall ensure that, once an application has been 
                submitted with such data as the Commission and the 
                Secretaries with jurisdiction over the affected land 
                consider necessary, all permit decisions and related 
                environmental reviews under all applicable Federal laws 
                shall be completed not later than 1 year after the date 
                of submission.
                    ``(C) Preapplication information.--The Secretary of 
                the Interior, in consultation with the Commission, 
                shall provide an expeditious preapplication mechanism 
                for prospective applicants to confer with the agencies 
                involved to have each such agency determine and 
                communicate to the prospective applicant not later than 
                60 days after the prospective applicant submits a 
                request for such information concerning--
                            ``(i) the likelihood of approval for a 
                        potential facility; and
                            ``(ii) key issues of concern to the 
                        agencies and public.
            ``(5) Environmental review document.--
                    ``(A) In general.--As lead agency, the Secretary of 
                the Interior, in consultation with the Commission and 
                any affected agency, shall prepare a single 
                environmental review document, which shall be used as 
                the basis for all decisions on the proposed high-
                priority national transmission project under Federal 
                law.
                    ``(B) Streamlining.--The Secretary of the Interior 
                and the Secretary of Agriculture, in consultation with 
                the Commission, shall streamline the review and 
                permitting of transmission within corridors designated 
                under section 503 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1763) or section 368 
                of the Energy Policy Act of 2005 (42 U.S.C. 15926) by 
                fully taking into account prior analyses and decisions 
                relating to the corridors.
                    ``(C) Comments.--If the high-priority national 
                transmission project includes Federal land that is not 
                under the jurisdiction of the Department of the 
                Interior, the document shall include comments made by 
                the Secretary with jurisdiction over the affected land 
                on matters necessary for the protection of the land or 
                required under applicable law.
            ``(6) Issuance or denial of authorization by president.--
                    ``(A) In general.--Subject to paragraph (7), if any 
                agency has denied a Federal authorization required for 
                a transmission facility within an energy right-of-way 
                corridor on Federal land designated pursuant to section 
                368 of the Energy Policy Act of 2005 (42 U.S.C. 15926), 
                or has failed to act by the deadline established by the 
                Secretary of the Interior pursuant to this section for 
                deciding whether to issue the authorization, the 
                applicant or any State in which the facility would be 
                located may file an appeal with the President, who 
                shall, in consultation with the affected agency, review 
                the denial or failure to take action on the pending 
                application.
                    ``(B) Options.--Based on the overall record and in 
                consultation with the affected agency, the President 
                may--
                            ``(i) issue the necessary authorization 
                        with any appropriate conditions; or
                            ``(ii) deny the application.
                    ``(C) Deadline.--The President shall issue a 
                decision not later than 90 days after the date of the 
                filing of the appeal.
                    ``(D) Federal requirements.--In making a decision 
                under this paragraph, the President shall comply with 
                applicable requirements of Federal law, including any 
                requirements of--
                            ``(i) the National Forest Management Act of 
                        1976 (16 U.S.C. 1600 et seq.);
                            ``(ii) the Endangered Species Act of 1973 
                        (16 U.S.C. 1531 et seq.);
                            ``(iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                            ``(iv) the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.); and
                            ``(v) the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 et 
                        seq.).
            ``(7) Applicability of issuance or denial of authorization 
        by president.--Paragraph (6) shall not apply to--
                    ``(A) a unit of the National Park System;
                    ``(B) a unit of the National Wildlife Refuge 
                System;
                    ``(C) a component of the National Wild and Scenic 
                Rivers System;
                    ``(D) a component of the National Trails System;
                    ``(E) a component of the National Wilderness 
                Preservation System;
                    ``(F) a National Monument;
                    ``(G) any part of the National Landscape 
                Conservation System;
                    ``(H) a National Preserve;
                    ``(I) a National Scenic Area; or
                    ``(J) a National Recreation Area.
            ``(8) Energy right-of-way corridors on federal land.--
                    ``(A) In general.--In carrying out this subsection, 
                the Secretary with jurisdiction over the land shall, to 
                the maximum extent practicable, use the energy right-
                of-way corridors designated in accordance with section 
                368 of the Energy Policy Act of 2005 (42 U.S.C. 15926).
                    ``(B) Additional corridors.--If the Secretary is 
                unable to use an energy right-of-way corridor described 
                in subparagraph (A), the Secretary shall establish an 
                additional corridor in accordance with section 368(c) 
                of the Energy Policy Act of 2005 (42 U.S.C. 15926(c)).
            ``(9) Duration.--
                    ``(A) In general.--Each Federal land use 
                authorization for an electricity transmission facility 
                shall be issued--
                            ``(i) for a duration, as determined by the 
                        Secretary with jurisdiction over the land, 
                        commensurate with the anticipated use of the 
                        facility;
                            ``(ii) with appropriate authority to manage 
                        the right-of-way for reliability and 
                        environmental protection; and
                            ``(iii) consistent with the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1701 et seq.) and other applicable law.
                    ``(B) Renewal.--On the expiration of the 
                authorization (including an authorization issued before 
                the date of enactment of the Fulfilling U.S. Energy 
                Leadership Act), the authorization shall be reviewed 
                for renewal--
                            ``(i) taking fully into account reliance on 
                        the electricity infrastructure; and
                            ``(ii) recognizing the importance of the 
                        authorization for public health, safety, and 
                        economic welfare and as a legitimate use of 
                        Federal land.
            ``(10) Consultation.--In exercising the responsibilities 
        under this section, the Secretary of the Interior and the 
        Commission shall consult regularly with--
                    ``(A) electric reliability organizations (including 
                related regional entities) approved by the Commission;
                    ``(B) Transmission Organizations approved by the 
                Commission; and
                    ``(C) transmission owners and users and other 
                interested parties.
            ``(11) Implementation.--
                    ``(A) Regulations.--Not later than 18 months after 
                the date of enactment of the Fulfilling U.S. Energy 
                Leadership Act, the Secretary of the Interior and the 
                Commission shall issue any regulations necessary to 
                carry out this subsection.
                    ``(B) Federal staff and resources.--The head of 
                each Federal agency with authority to issue a Federal 
                authorization shall designate a senior official 
                responsible for, and dedicate sufficient other staff 
                and resources to ensure, full implementation of the 
                regulations and memorandum required under this 
                paragraph.
    ``(g) Evaluation and Recommendations.--The Commission shall--
            ``(1) periodically evaluate whether high-priority national 
        transmission projects are being constructed in accordance with 
        the Interconnection-wide transmission grid plan for high-
        priority national transmission projects for both the Western 
        and Eastern Interconnection areas;
            ``(2) take any necessary actions, pursuant to applicable 
        law, to address any identified obstacles to investment, siting, 
        and construction of high-priority national transmission 
        projects identified as needed under an Interconnection-wide 
        plan; and
            ``(3) not later than 2 years after the date of enactment of 
        the Fulfilling U.S. Energy Leadership Act, submit to Congress 
        recommendations for any further actions or authority needed to 
        ensure the effective and timely development of--
                    ``(A) high-priority national transmission projects; 
                and
                    ``(B) transmission projects to access regional and 
                offshore renewable energy generation.
    ``(h) Report of Secretary.--Not later than 2 years after the date 
of enactment of the Fulfilling U.S. Energy Leadership Act, the 
Secretary shall submit to Congress recommendations for any further 
actions or authority needed to ensure the effective and timely 
development of--
            ``(1) demand response;
            ``(2) energy storage;
            ``(3) distributed generation;
            ``(4) energy efficiency; and
            ``(5) other areas necessary to carry out the policy 
        established under subsection (a).
    ``(i) Cost Allocation.--
            ``(1) In general.--Not later than 270 days after the date 
        of enactment of the Fulfilling U.S. Energy Leadership Act, the 
        Commission--
                    ``(A) shall establish by rule an appropriate 
                methodology for allocation of the costs of high-
                priority national transmission projects, subject to the 
                requirement that any cost allocation methodology, and 
                any rates affected by the cost allocation methodology, 
                shall be just, reasonable, and not unduly 
                discriminatory or preferential;
                    ``(B) may permit allocation of costs for high-
                priority national transmission projects to load-serving 
                entities within all or a part of a region, except that 
                costs shall not be allocated to a region, or subregion, 
                unless the costs are reasonably proportionate to 
                measurable economic and reliability benefits;
                    ``(C) may permit allocation of costs to generators 
                of electricity connected by a high-priority national 
                transmission project; and
                    ``(D) shall provide for due deference to cost 
                allocation proposals supported by broad agreement among 
                affected States.
            ``(2) Mechanism for collection of costs.--The Commission 
        shall adopt such rules and require inclusion of such provisions 
        in transmission tariffs as are required to provide for--
                    ``(A) the efficient collection of allocated costs 
                for development and operation of high-priority national 
                transmission projects; and
                    ``(B) the distribution of those revenues to owners 
                of the high-priority national transmission projects.
    ``(j) Relationship to Other Laws.--
            ``(1) In general.--Except as specifically provided in this 
        section, nothing in this section affects any requirement of an 
        environmental or historic preservation law of the United 
        States, including--
                    ``(A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    ``(B) the Wilderness Act (16 U.S.C. 1131 et seq.); 
                or
                    ``(C) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.).
            ``(2) State law.--Nothing in this section precludes any 
        person from constructing or modifying any transmission facility 
        in accordance with State law.
    ``(k) Transmission Rights To Support New Generation Development.--
Subject to section 217(b)(4), it is the policy of the United States 
that long-term transmission rights of firmness and duration sufficient 
to support generation investment (or equivalent tradable or financial 
long-term transmission rights), shall be available under appropriate 
terms and conditions to load-serving entities (as defined in section 
217(a)(2)) for long-term power supply arrangements for new generation 
facilities using renewable energy.
    ``(l) Resource Assessments.--
            ``(1) In general.--The Secretary shall conduct nationwide 
        assessments to identify areas with a significant potential for 
        the development of location-constrained resources.
            ``(2) Formats.--The resource assessments shall be made 
        available to the public in multiple formats, including in a 
        geographical information system compatible format.
            ``(3) Timing.--The Secretary shall--
                    ``(A) make the initial resource assessment required 
                under this subsection not later than 180 days after the 
                date of enactment of the Fulfilling U.S. Energy 
                Leadership Act; and
                    ``(B) refine the resource assessment on a regular 
                basis that is consistent with regional planning cycles.
            ``(4) Technical assistance.--The Secretary shall provide 
        technical assistance to regional planning authorities, on 
        request, to assist the authorities in carrying out this 
        subsection.
    ``(m) Congestion Studies.--Not later than 1 year after the date of 
enactment of the Fulfilling U.S. Energy Leadership Act and every 3 
years thereafter, the Secretary, in consultation with affected States 
and Indian tribes, shall--
            ``(1) conduct a study of electric transmission congestion; 
        and
            ``(2) submit to the appropriate committees of Congress a 
        report that describes the results of the study.
    ``(n) Applicability.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the authority of the Commission under this section 
        to approve transmission plans and to allocate costs incurred 
        pursuant to the plans applies to all transmission providers, 
        generators, and users, owners, and operators of the power 
        system within the Eastern and Western Interconnections of the 
        United States, including entities described in section 201(f).
            ``(2) Regional planning entities.--The Commission shall 
        have authority over regional planning entities to the extent 
        necessary to carry out this section.
            ``(3) Project developers.--Nothing in this section 
        precludes the development, subject to applicable regulatory 
        requirements, of transmission projects that are not included in 
        plans developed under this section.
            ``(4) Commission-approved planning processes.--Nothing in 
        this section affects the approval, siting, or cost allocation 
        for a project that is authorized pursuant to planning processes 
        that have been approved by the Commission.
            ``(5) Exclusions.--This section does not apply in the State 
        of Alaska or Hawaii or to the Electric Reliability Council of 
        Texas, unless the State or the Council voluntarily elects to 
        participate in a cost allocation plan under this section.''.
                                 <all>
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