I 

111TH CONGRESS 

2D SESSION H. R. 5899 

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

expand renewable electricity. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2010 

Mr. NUNES (for himself, Mr. RYAN of Wisconsin, Mr. SHIMKUS, Mr. BISHOP

of Utah, and Mr. SIMPSON) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the 

Committees on Energy and Commerce, Ways and Means, Oversight and 

Government Reform, Armed Services, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To expand domestic fossil fuel production, develop more 

nuclear power, and expand renewable electricity. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as ‘‘A 

5 Roadmap for America’s Energy Future’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

TITLE I—AMERICAN ENERGY 


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Sec. 100. Findings. 

Subtitle A—OCS 

Sec. 101. Leasing program considered approved. 

Sec. 102. Outer Continental Shelf Lease sales. 

Sec. 103. Definitions under the Outer Continental Shelf Lands Act. 

Sec. 104. Determination of Adjacent Zones and OCS Planning Areas. 

Sec. 105. Outer Continental Shelf leasing program. 

Sec. 106. Coordination with Adjacent States. 

Sec. 107. Environmental studies. 

Sec. 108. Outer Continental Shelf incompatible use. 

Sec. 109. Repurchase of certain leases. 

Sec. 110. Offsite environmental mitigation. 

Subtitle B—ANWR 

Sec. 121. Definitions. 

Sec. 122. Leasing program for lands within the Coastal Plain. 

Sec. 123. Lease sales. 

Sec. 124. Grant of leases by the Secretary. 

Sec. 125. Lease terms and conditions. 

Sec. 126. Coastal Plain environmental protection. 

Sec. 127. Expedited judicial review. 

Sec. 128. Federal and State distribution of revenues. 

Sec. 129. Rights-of-way across the Coastal Plain. 

Sec. 130. Conveyance. 

Sec. 131. Local government impact aid and community service assistance. 

Subtitle C—Oil Shale 

Sec. 141. Oil shale. 

Subtitle D—Coal to Liquid 

Sec. 151. Development and operation of facilities. 

Sec. 152. Definitions relating to coal-to-liquid fuel and facilities. 

Sec. 153. Repeal. 

TITLE II—AMERICAN-MADE ENERGY TRUST FUND 

Sec. 201. Establishment of American-Made Energy Trust Fund. 

TITLE III—NUCLEAR 

Sec. 301. Findings. 

Sec. 302. 200 operating permits by 2040. 

Sec. 303. Recycle and safely store spent nuclear fuel. 

Sec. 304. Confidence in availability of waste disposal. 

TITLE IV—REVERSE AUCTION MECHANISMS FOR RENEWABLE 

ENERGY GENERATION AND FOR RENEWABLE FUEL PRODUCTION 

Sec. 401. Reverse auction mechanism for renewable energy generation. 

TITLE V—NATIONAL COMMISSION ON OUTER CONTINENTAL 

SHELF OIL SPILL PREVENTION 


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

1 TITLE I—AMERICAN ENERGY 

2 SEC. 100. FINDINGS. 

3 The Congress finds the following: 

4 (1) The United States contains abundant oil 

5 and gas resources located within its lands. 

6 (2) Development of domestic oil and gas re7 sources can be accomplished in a safe and environ8 mentally responsible manner. 

9 (3) Increased development of domestic oil and 

10 gas resources could significantly boost economic 

11 growth, provide permanent well-paying jobs, and 

12 serve as a significant revenue source to the Federal 

13 government. 

14 (4) The United States Geological Survey esti15 mates that the Arctic National Wildlife Refuge con16 tains a mean expected value of 10.4 billion barrels 

17 of technically recoverable oil. 

18 (5) The Minerals Management Service has esti19 mated there are 85 billion undiscovered, technically 

20 recoverable barrels of oil and 420 trillion cubic feet 

21 of natural gas in the outer Continental Shelf of the 

22 United States. 

23 (6) The Minerals Management Service has esti24 mated that less than 0.001 percent of oil produced 


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1 on the Outer Continental Shelf of the United States 

2 since 1980 has been spilled. 

3 (7) The National Academy of Sciences has esti4 mated that less than 1 percent of petroleum in 

5 American waters is from drilling and extraction, and 

6 that 63 percent is from natural seepage. 

7 Subtitle A—OCS 

8 SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 

9 (a) IN GENERAL.—The Draft Proposed Outer Conti10 nental Shelf Oil and Gas Leasing Program 2010–2015 re11 leased by the Secretary of the Interior (referred to in this 

12 section as the ‘‘Secretary’’) under section 18 of the Outer 

13 Continental Shelf Lands Act (43 U.S.C. 1344) is consid14 ered to have been approved by the Secretary as a final 

15 oil and gas leasing program under that section, and is con16 sidered to be in full compliance with and in accordance 

17 with all requirements of the Outer Continental Shelf 

18 Lands Act, National Environmental Policy Act of 1969, 

19 Endangered Species Act of 1973, Clean Air Act, Marine 

20 Mammal Protection Act of 1972, the Oil Pollution Control 

21 Act of 1990, and all other applicable laws. 

22 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

23 The Secretary is considered to have issued a legally suffi24 cient final environmental impact statement for the pro25 gram described in subsection (a) in accordance with all 


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1 requirements under section 102(2)(C) of the National En2 vironmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), 

3 and all other applicable laws. 

4 SEC. 102. OUTER CONTINENTAL SHELF LEASE SALES. 

5 (a) IN GENERAL.—Except as provided in (b), not 

6 later than 30 days after the date of enactment of this Act 

7 and every 270 days thereafter, the Secretary of the Inte8 rior (referred to in this section as the ‘‘Secretary’’) shall 

9 conduct a lease sale in each outer Continental Shelf plan10 ning region for which the Secretary determines that there 

11 is a commercial interest in purchasing Federal oil and gas 

12 leases for production on the outer Continental Shelf. 

13 (b) SUBSEQUENT DETERMINATIONS AND SALES.—If 

14 the Secretary determines that there is not a commercial 

15 interest in purchasing Federal oil and gas leases for pro16 duction on the outer Continental Shelf in a planning area 

17 under this subsection, not later than 2 years after the date 

18 of enactment of the determination and every 2 years there19 after, the Secretary shall— 

20 (1) solicit if there is commercial interest in pur21 chasing Federal oil and gas leases for production on 

22 the outer Continental Shelf in the planning area; 

23 and 


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1 (2) if the Secretary determines that there is a 

2 commercial interest described in paragraph (1), con3 duct a lease sale in the planning area. 

4 SEC. 103. DEFINITIONS UNDER THE OUTER CONTINENTAL 

5 SHELF LANDS ACT. 

6 Section 2 of the Outer Continental Shelf Lands Act 

7 (43 U.S.C. 1331) is amended— 

8 (1) by amending paragraph (f) to read as fol9 lows: 

10 ‘‘(f) The term ‘affected State’ means the ‘Adjacent 

11 State’.’’; 

12 (2) by striking the semicolon at the end of each 

13 of paragraphs (a) through (o) and inserting a pe14 riod; 

15 (3) by striking ‘‘; and’’ at the end of paragraph 

16 (p) and inserting a period; 

17 (4) by adding at the end the following: 

18 ‘‘(r) The term ‘Adjacent State’ means, with respect 

19 to any program, plan, lease sale, leased tract or other ac20 tivity, proposed, conducted, or approved pursuant to the 

21 provisions of this Act, any State the laws of which are 

22 declared, pursuant to section 4(a)(2), to be the law of the 

23 United States for the portion of the outer Continental 

24 Shelf to which such program, plan, lease sale, or leased 

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1 posed to be, conducted. For purposes of this paragraph, 

2 the term ‘State’ includes the Commonwealth of Puerto 

3 Rico, the Commonwealth of the Northern Mariana Is4 lands, the Virgin Islands, American Samoa, Guam, and 

5 the other Territories of the United States. 

6 ‘‘(s) The term ‘Adjacent Zone’ means, with respect 

7 to any program, plan, lease sale, leased tract, or other ac8 tivity, proposed, conducted, or approved pursuant to the 

9 provisions of this Act, the portion of the outer Continental 

10 Shelf for which the laws of a particular Adjacent State 

11 are declared, pursuant to section 4(a)(2), to be the law 

12 of the United States. 

13 ‘‘(t) The term ‘miles’ means statute miles. 

14 ‘‘(u) The term ‘coastline’ has the same meaning as 

15 the term ‘coast line’ as defined in section 2(c) of the Sub16 merged Lands Act (43 U.S.C. 1301(c)).’’; and 

17 (5) in paragraph (a), by inserting after ‘‘con18 trol’’ the following: ‘‘or lying within the United 

19 States exclusive economic zone adjacent to the Terri20 tories of the United States’’. 

21 SEC. 104. DETERMINATION OF ADJACENT ZONES AND OCS 

22 PLANNING AREAS. 

23 Section 4(a)(2)(A) of the Outer Continental Shelf 

24 Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the 

25 first sentence by striking ‘‘, and the President’’ and all 


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1 that follows through the end of the sentence and inserting 

2 the following: ‘‘. The lines extending seaward and defining 

3 each State’s Adjacent Zone, and each OCS Planning Area, 

4 are as indicated on the maps for each outer Continental 

5 Shelf region entitled ‘Alaska OCS Region State Adjacent 

6 Zone and OCS Planning Areas’, ‘Pacific OCS Region 

7 State Adjacent Zones and OCS Planning Areas’, ‘Gulf of 

8 Mexico OCS Region State Adjacent Zones and OCS Plan9 ning Areas’, and ‘Atlantic OCS Region State Adjacent 

10 Zones and OCS Planning Areas’, all of which are dated 

11 September 2005 and on file in the Office of the Director, 

12 Minerals Management Service.’’. 

13 SEC. 105. OUTER CONTINENTAL SHELF LEASING PROGRAM. 

14 Section 18 of the Outer Continental Shelf Lands Act 

15 (43 U.S.C. 1344) is amended— 

16 (1) in subsection (a), by adding at the end of 

17 paragraph (3) the following: ‘‘The Secretary shall, in 

18 each 5-Year Program, include lease sales that when 

19 viewed as a whole propose to offer for oil and gas 

20 leasing at least 75 percent of the available unleased 

21 acreage within each OCS Planning Area. Available 

22 unleased acreage is that portion of the outer Conti23 nental Shelf that is not under lease at the time of 

24 the proposed lease sale, and has not otherwise been 

25 made unavailable for leasing by law.’’; 


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1 (2) in subsection (c), by striking so much as 

2 precedes paragraph (3) and inserting the following: 

3 ‘‘(c)(1) During the preparation of any proposed leas4 ing program under this section, the Secretary shall con5 sider and analyze leasing throughout the entire outer Con6 tinental Shelf without regard to any other law affecting 

7 such leasing. During this preparation the Secretary shall 

8 invite and consider suggestions from any interested Fed9 eral agency, including the Attorney General, in consulta10 tion with the Federal Trade Commission, and from the 

11 Governor of any coastal State. The Secretary may also in12 vite or consider any suggestions from the executive of any 

13 local government in a coastal State that have been pre14 viously submitted to the Governor of such State, and from 

15 any other person. Further, the Secretary shall consult 

16 with the Secretary of Defense regarding military oper17 ational needs in the outer Continental Shelf. The Sec18 retary shall work with the Secretary of Defense to resolve 

19 any conflicts that might arise regarding offering any area 

20 of the outer Continental Shelf for oil and gas leasing. If 

21 the Secretaries are not able to resolve all such conflicts, 

22 any unresolved issues shall be elevated to the President 

23 for resolution. 

24 ‘‘(2) After the consideration and analysis required by 

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1 tions received from any interested Federal agency, the 

2 Federal Trade Commission, the Governor of any coastal 

3 State, any local government of a coastal State, and any 

4 other person, the Secretary shall publish in the Federal 

5 Register a proposed leasing program accompanied by a 

6 draft environmental impact statement prepared pursuant 

7 to the National Environmental Policy Act of 1969. After 

8 the publishing of the proposed leasing program and during 

9 the comment period provided for on the draft environ10 mental impact statement, the Secretary shall submit a 

11 copy of the proposed program to the Governor of each af12 fected State for review and comment. The Governor may 

13 solicit comments from those executives of local govern14 ments in the Governor’s State that the Governor, in the 

15 discretion of the Governor, determines will be affected by 

16 the proposed program. If any comment by such Governor 

17 is received by the Secretary at least 15 days prior to sub18 mission to the Congress pursuant to paragraph (3) and 

19 includes a request for any modification of such proposed 

20 program, the Secretary shall reply in writing, granting or 

21 denying such request in whole or in part, or granting such 

22 request in such modified form as the Secretary considers 

23 appropriate, and stating the Secretary’s reasons therefor. 

24 All such correspondence between the Secretary and the 

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1 tional information and data relating thereto, shall accom2 pany such proposed program when it is submitted to the 

3 Congress.’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(i) PROJECTION OF STATE ADJACENT ZONE RE6 SOURCES AND STATE AND LOCAL GOVERNMENT SHARES

7 OF OCS RECEIPTS.—Concurrent with the publication of 

8 the scoping notice at the beginning of the development of 

9 each 5-Year Outer Continental Shelf Oil and Gas Leasing 

10 Program, or as soon thereafter as possible, the Secretary 

11 shall— 

12 ‘‘(1) provide to each Adjacent State a current 

13 estimate of proven and potential oil and gas re14 sources located within the State’s Adjacent Zone; 

15 and 

16 ‘‘(2) provide to each Adjacent State, and coast17 al political subdivisions thereof, a best-efforts projec18 tion of the OCS Receipts that the Secretary expects 

19 will be shared with each Adjacent State, and its 

20 coastal political subdivisions, using the assumption 

21 that the unleased tracts within the State’s Adjacent 

22 Zone are fully made available for leasing, including 

23 long-term projected OCS Receipts. In addition, the 

24 Secretary shall include a macroeconomic estimate of 

25 the impact of such leasing on the national economy 


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1 and each State’s economy, including investment, 

2 jobs, revenues, personal income, and other cat3 egories.’’. 

4 SEC. 106. COORDINATION WITH ADJACENT STATES. 

5 Section 19 of the Outer Continental Shelf Lands Act 

6 (43 U.S.C. 1345) is amended— 

7 (1) in subsection (a) in the first sentence by in8 serting ‘‘, for any tract located within the Adjacent 

9 State’s Adjacent Zone,’’ after ‘‘government’’; and 

10 (2) by adding the following: 

11 ‘‘(f)(1) No Federal agency may permit or otherwise 

12 approve, without the concurrence of the Adjacent State, 

13 the construction of a crude oil or petroleum products (or 

14 both) pipeline within the part of the Adjacent State’s Ad15 jacent Zone that is withdrawn from oil and gas leasing, 

16 except that such a pipeline may be approved, without such 

17 Adjacent State’s concurrence, to pass through such Adja18 cent Zone if at least 50 percent of the production pro19 jected to be carried by the pipeline within its first 10 years 

20 of operation is from areas of the Adjacent State’s Adja21 cent Zone. 

22 ‘‘(2) No State may prohibit the construction within 

23 its Adjacent Zone or its State waters of a natural gas pipe24 line that will transport natural gas produced from the 

25 outer Continental Shelf. However, an Adjacent State may 


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1 prevent a proposed natural gas pipeline landing location 

2 if it proposes two alternate landing locations in the Adja3 cent State, acceptable to the Adjacent State, located with4 in 50 miles on either side of the proposed landing loca5 tion.’’. 

6 SEC. 107. ENVIRONMENTAL STUDIES. 

7 Section 20(d) of the Outer Continental Shelf Lands 

8 Act (43 U.S.C. 1346) is amended— 

9 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(2) For all programs, lease sales, leases, and 

12 actions under this Act, the following shall apply re13 garding the application of the National Environ14 mental Policy Act of 1969: 

15 ‘‘(A) Granting or directing lease suspen16 sions and the conduct of all preliminary activi17 ties on outer Continental Shelf tracts, including 

18 seismic activities, are categorically excluded 

19 from the need to prepare either an environ20 mental assessment or an environmental impact 

21 statement, and the Secretary shall not be re22 quired to analyze whether any exceptions to a 

23 categorical exclusion apply for activities con24 ducted under the authority of this Act. 


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1 ‘‘(B) The environmental impact statement 

2 developed in support of each 5-Year Oil and 

3 Gas Leasing Program provides the environ4 mental analysis for all lease sales to be con5 ducted under the program and such sales shall 

6 not be subject to further environmental anal7 ysis. 

8 ‘‘(C) Exploration plans shall not be subject 

9 to any requirement to prepare an environmental 

10 impact statement, and the Secretary may find 

11 that exploration plans are eligible for categor12 ical exclusion due to the impacts already being 

13 considered within an environmental impact 

14 statement or due to mitigation measures in15 cluded within the plan. 

16 ‘‘(D) Within each OCS Planning Area, 

17 after the preparation of the first development 

18 and production plan environmental impact 

19 statement for a leased tract within the Area, fu20 ture development and production plans for 

21 leased tracts within the Area shall only require 

22 the preparation of an environmental assessment 

23 unless the most recent development and produc24 tion plan environmental impact statement with25 in the Area was finalized more than 10 years 


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1 prior to the date of the approval of the plan, in 

2 which case an environmental impact statement 

3 shall be required.’’. 

4 SEC. 108. OUTER CONTINENTAL SHELF INCOMPATIBLE 

5 USE. 

6 (a) IN GENERAL.—No Federal agency may permit 

7 construction or operation (or both) of any facility, or des8 ignate or maintain a restricted transportation corridor or 

9 operating area on the Federal outer Continental Shelf or 

10 in State waters, that will be incompatible with, as deter11 mined by the Secretary of the Interior, oil and gas leasing 

12 and substantially full exploration and production of tracts 

13 that are geologically prospective for oil or natural gas (or 

14 both). 

15 (b) EXCEPTIONS.—Subsection (a) shall not apply to 

16 any facility, transportation corridor, or operating area the 

17 construction, operation, designation, or maintenance of 

18 which is or will be— 

19 (1) located in an area of the outer Continental 

20 Shelf that is unavailable for oil and gas leasing by 

21 operation of law; 

22 (2) used for a military readiness activity (as de23 fined in section 315(f) of Public Law 107–314; 16 

24 U.S.C. 703 note); or 


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1 (3) required in the national interest, as deter2 mined by the President. 

3 SEC. 109. REPURCHASE OF CERTAIN LEASES. 

4 (a) AUTHORITY TO REPURCHASE AND CANCEL CER5 TAIN LEASES.—The Secretary of the Interior may repur6 chase and cancel any Federal oil and gas, geothermal, 

7 coal, oil shale, tar sands, or other mineral lease, whether 

8 onshore or offshore, but not including any outer Conti9 nental Shelf oil and gas leases that were subject to litiga10 tion in the Court of Federal Claims on January 1, 2006, 

11 if the Secretary finds that such lease qualifies for repur12 chase and cancellation under the regulations authorized 

13 by this section. 

14 (b) REGULATIONS.—Not later than 365 days after 

15 the date of the enactment of this Act, the Secretary shall 

16 publish a final regulation stating the conditions under 

17 which a lease referred to in subsection (a) would qualify 

18 for repurchase and cancellation, and the process to be fol19 lowed regarding repurchase and cancellation. 

20 (c) NO PREJUDICE.—This section shall not be inter21 preted to prejudice any other rights that the lessee would 

22 have in the absence of this section. 

23 SEC. 110. OFFSITE ENVIRONMENTAL MITIGATION. 

24 Notwithstanding any other provision of law, any per25 son conducting activities under the Mineral Leasing Act 


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1 (30 U.S.C. 181 et seq.), the Geothermal Steam Act of 

2 1970 (30 U.S.C. 1001 et seq.), the Mineral Leasing Act 

3 for Acquired Lands (30 U.S.C. 351 et seq.), the Weeks 

4 Act (16 U.S.C. 552 et seq.), the General Mining Act of 

5 1872 (30 U.S.C. 22 et seq.), the Materials Act of 1947 

6 (30 U.S.C. 601 et seq.), or the Outer Continental Shelf 

7 Lands Act (43 U.S.C. 1331 et seq.), may in satisfying 

8 any mitigation requirements associated with such activi9 ties propose mitigation measures on a site away from the 

10 area impacted and the Secretary of the Interior shall ac11 cept these proposed measures if the Secretary finds that 

12 they generally achieve the purposes for which mitigation 

13 measures appertained. 

14 Subtitle B—ANWR 

15 SEC. 121. DEFINITIONS. 

16 In this subtitle: 

17 (1) COASTAL PLAIN.—The term ‘‘Coastal 

18 Plain’’ means that area described in appendix I to 

19 part 37 of title 50, Code of Federal Regulations. 

20 (2) SECRETARY.—The term ‘‘Secretary’’, except 

21 as otherwise provided, means the Secretary of the 

22 Interior or the Secretary’s designee. 


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1 SEC. 122. LEASING PROGRAM FOR LANDS WITHIN THE 

2 COASTAL PLAIN. 

3 (a) IN GENERAL.—The Secretary shall take such ac4 tions as are necessary— 

5 (1) to establish and implement, in accordance 

6 with this subtitle and acting through the Director of 

7 the Bureau of Land Management in consultation 

8 with the Director of the United States Fish and 

9 Wildlife Service, a competitive oil and gas leasing 

10 program that will result in an environmentally sound 

11 program for the exploration, development, and pro12 duction of the oil and gas resources of the Coastal 

13 Plain; and 

14 (2) to administer the provisions of this subtitle 

15 through regulations, lease terms, conditions, restric16 tions, prohibitions, stipulations, and other provisions 

17 that ensure the oil and gas exploration, development, 

18 and production activities on the Coastal Plain will 

19 result in no significant adverse effect on fish and 

20 wildlife, their habitat, subsistence resources, and the 

21 environment, including, in furtherance of this goal, 

22 by requiring the application of the best commercially 

23 available technology for oil and gas exploration, de24 velopment, and production to all exploration, devel25 opment, and production operations under this sub26 title in a manner that ensures the receipt of fair 


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1 market value by the public for the mineral resources 

2 to be leased. 

3 (b) REPEAL.— 

4 (1) REPEAL.—Section 1003 of the Alaska Na5 tional Interest Lands Conservation Act of 1980 (16 

6 U.S.C. 3143) is repealed. 

7 (2) CONFORMING AMENDMENT.—The table of 

8 contents in section 1 of such Act is amended by 

9 striking the item relating to section 1003. 

10 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER11 TAIN OTHER LAWS.— 

12 (1) COMPATIBILITY.—For purposes of the Na13 tional Wildlife Refuge System Administration Act of 

14 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

15 leasing program and activities authorized by this 

16 section in the Coastal Plain are deemed to be com17 patible with the purposes for which the Arctic Na18 tional Wildlife Refuge was established, and no fur19 ther findings or decisions are required to implement 

20 this determination. 

21 (2) ADEQUACY OF THE DEPARTMENT OF THE

22 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

23 STATEMENT.—The ‘‘Final Legislative Environ24 mental Impact Statement’’ (April 1987) on the 

25 Coastal Plain prepared pursuant to section 1002 of 


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1 the Alaska National Interest Lands Conservation 

2 Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) 

3 of the National Environmental Policy Act of 1969 

4 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the re5 quirements under the National Environmental Policy 

6 Act of 1969 that apply with respect to prelease ac7 tivities, including actions authorized to be taken by 

8 the Secretary to develop and promulgate the regula9 tions for the establishment of a leasing program au10 thorized by this subtitle before the conduct of the 

11 first lease sale. 

12 (3) COMPLIANCE WITH NEPA FOR OTHER AC13 TIONS.—Before conducting the first lease sale under 

14 this subtitle, the Secretary shall prepare an environ15 mental impact statement under the National Envi16 ronmental Policy Act of 1969 with respect to the ac17 tions authorized by this subtitle that are not re18 ferred to in paragraph (2). Notwithstanding any 

19 other law, the Secretary is not required to identify 

20 nonleasing alternative courses of action or to analyze 

21 the environmental effects of such courses of action. 

22 The Secretary shall only identify a preferred action 

23 for such leasing and a single leasing alternative, and 

24 analyze the environmental effects and potential miti25 gation measures for those two alternatives. The 


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1 identification of the preferred action and related 

2 analysis for the first lease sale under this subtitle 

3 shall be completed within 18 months after the date 

4 of enactment of this Act. The Secretary shall only 

5 consider public comments that specifically address 

6 the Secretary’s preferred action and that are filed 

7 within 20 days after publication of an environmental 

8 analysis. Notwithstanding any other law, compliance 

9 with this paragraph is deemed to satisfy all require10 ments for the analysis and consideration of the envi11 ronmental effects of proposed leasing under this sub12 title. 

13 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR14 ITY.—Nothing in this subtitle shall be considered to ex15 pand or limit State and local regulatory authority. 

16 (e) SPECIAL AREAS.— 

17 (1) IN GENERAL.—The Secretary, after con18 sultation with the State of Alaska, the city of 

19 Kaktovik, and the North Slope Borough, may des20 ignate up to a total of 45,000 acres of the Coastal 

21 Plain as a Special Area if the Secretary determines 

22 that the Special Area is of such unique character 

23 and interest so as to require special management 

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1 ignate as such a Special Area the Sadlerochit Spring 

2 area, comprising approximately 4,000 acres. 

3 (2) MANAGEMENT.—Each such Special Area 

4 shall be managed so as to protect and preserve the 

5 area’s unique and diverse character including its 

6 fish, wildlife, and subsistence resource values. 

7 (3) EXCLUSION FROM LEASING OR SURFACE

8 OCCUPANCY.—The Secretary may exclude any Spe9 cial Area from leasing. If the Secretary leases a Spe10 cial Area, or any part thereof, for purposes of oil 

11 and gas exploration, development, production, and 

12 related activities, there shall be no surface occu13 pancy of the lands comprising the Special Area. 

14 (4) DIRECTIONAL DRILLING.—Notwithstanding 

15 the other provisions of this subsection, the Secretary 

16 may lease all or a portion of a Special Area under 

17 terms that permit the use of horizontal drilling tech18 nology from sites on leases located outside the Spe19 cial Area. 

20 (f) LIMITATION ON CLOSED AREAS.—The Sec21 retary’s sole authority to close lands within the Coastal 

22 Plain to oil and gas leasing and to exploration, develop23 ment, and production is that set forth in this subtitle. 

24 (g) REGULATIONS.— 


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1 (1) IN GENERAL.—The Secretary shall pre2 scribe such regulations as may be necessary to carry 

3 out this subtitle, including rules and regulations re4 lating to protection of the fish and wildlife, their 

5 habitat, subsistence resources, and environment of 

6 the Coastal Plain, by no later than 15 months after 

7 the date of enactment of this Act. 

8 (2) REVISION OF REGULATIONS.—The Sec9 retary shall periodically review and, if appropriate, 

10 revise the rules and regulations issued under sub11 section (a) to reflect any significant biological, envi12 ronmental, or engineering data that come to the Sec13 retary’s attention. 

14 SEC. 123. LEASE SALES. 

15 (a) IN GENERAL.—Lands may be leased pursuant to 

16 this subtitle to any person qualified to obtain a lease for 

17 deposits of oil and gas under the Mineral Leasing Act (30 

18 U.S.C. 181 et seq.). 

19 (b) PROCEDURES.—The Secretary shall, by regula20 tion, establish procedures for— 

21 (1) receipt and consideration of sealed nomina22 tions for any area in the Coastal Plain for inclusion 

23 in, or exclusion (as provided in subsection (c)) from, 

24 a lease sale; 


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1 (2) the holding of lease sales after such nomina2 tion process; and 

3 (3) public notice of and comment on designa4 tion of areas to be included in, or excluded from, a 

5 lease sale. 

6 (c) LEASE SALE BIDS.—Bidding for leases under 

7 this subtitle shall be by sealed competitive cash bonus bids. 

8 (d) ACREAGE MINIMUM IN FIRST SALE.—In the first 

9 lease sale under this subtitle, the Secretary shall offer for 

10 lease those tracts the Secretary considers to have the 

11 greatest potential for the discovery of hydrocarbons, tak12 ing into consideration nominations received pursuant to 

13 subsection (b)(1), but in no case less than 200,000 acres. 

14 (e) TIMING OF LEASE SALES.—The Secretary 

15 shall— 

16 (1) conduct the first lease sale under this sub17 title within 22 months after the date of the enact18 ment of this Act; 

19 (2) evaluate the bids in such sale and issue 

20 leases resulting from such sale, within 90 days after 

21 the date of the completion of such sale; and 

22 (3) conduct additional sales so long as sufficient 

23 interest in development exists to warrant, in the Sec24 retary’s judgment, the conduct of such sales. 


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1 SEC. 124. GRANT OF LEASES BY THE SECRETARY. 

2 (a) IN GENERAL.—The Secretary may grant to the 

3 highest responsible qualified bidder in a lease sale con4 ducted pursuant to section 123 any lands to be leased on 

5 the Coastal Plain upon payment by the lessee of such 

6 bonus as may be accepted by the Secretary. 

7 (b) SUBSEQUENT TRANSFERS.—No lease issued 

8 under this subtitle may be sold, exchanged, assigned, sub9 let, or otherwise transferred except with the approval of 

10 the Secretary. Prior to any such approval the Secretary 

11 shall consult with, and give due consideration to the views 

12 of, the Attorney General. 

13 SEC. 125. LEASE TERMS AND CONDITIONS. 

14 (a) IN GENERAL.—An oil or gas lease issued pursu15 ant to this subtitle shall— 

16 (1) provide for the payment of a royalty of not 

less than 121 17 ⁄2 percent in amount or value of the 

18 production removed or sold from the lease, as deter19 mined by the Secretary under the regulations appli20 cable to other Federal oil and gas leases; 

21 (2) provide that the Secretary may close, on a 

22 seasonal basis, portions of the Coastal Plain to ex23 ploratory drilling activities as necessary to protect 

24 caribou calving areas and other species of fish and 

25 wildlife; 


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1 (3) require that the lessee of lands within the 

2 Coastal Plain shall be fully responsible and liable for 

3 the reclamation of lands within the Coastal Plain 

4 and any other Federal lands that are adversely af5 fected in connection with exploration, development, 

6 production, or transportation activities conducted 

7 under the lease and within the Coastal Plain by the 

8 lessee or by any of the subcontractors or agents of 

9 the lessee; 

10 (4) provide that the lessee may not delegate or 

11 convey, by contract or otherwise, the reclamation re12 sponsibility and liability to another person without 

13 the express written approval of the Secretary; 

14 (5) provide that the standard of reclamation for 

15 lands required to be reclaimed under this subtitle 

16 shall be, as nearly as practicable, a condition capable 

17 of supporting the uses which the lands were capable 

18 of supporting prior to any exploration, development, 

19 or production activities, or upon application by the 

20 lessee, to a higher or better use as approved by the 

21 Secretary; 

22 (6) contain terms and conditions relating to 

23 protection of fish and wildlife, their habitat, subsist24 ence resources, and the environment as required 

25 pursuant to section 122(a)(2); 


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1 (7) provide that the lessee, its agents, and its 

2 contractors use best efforts to provide a fair share, 

3 as determined by the level of obligation previously 

4 agreed to in the 1974 agreement implementing sec5 tion 29 of the Federal Agreement and Grant of 

6 Right of Way for the Operation of the Trans-Alaska 

7 Pipeline, of employment and contracting for Alaska 

8 Natives and Alaska Native Corporations from 

9 throughout the State; 

10 (8) prohibit the export of oil produced under 

11 the lease; and 

12 (9) contain such other provisions as the Sec13 retary determines necessary to ensure compliance 

14 with the provisions of this subtitle and the regula15 tions issued under this subtitle. 

16 (b) PROJECT LABOR AGREEMENTS.—The Secretary, 

17 as a term and condition of each lease under this subtitle 

18 and in recognizing the Government’s proprietary interest 

19 in labor stability and in the ability of construction labor 

20 and management to meet the particular needs and condi21 tions of projects to be developed under the leases issued 

22 pursuant to this subtitle and the special concerns of the 

23 parties to such leases, shall require that the lessee and 

24 its agents and contractors negotiate to obtain a project 

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1 chanics on production, maintenance, and construction 

2 under the lease. 

3 SEC. 126. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

4 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

5 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

6 The Secretary shall, consistent with the requirements of 

7 section 122, administer the provisions of this subtitle 

8 through regulations, lease terms, conditions, restrictions, 

9 prohibitions, stipulations, and other provisions that— 

10 (1) ensure the oil and gas exploration, develop11 ment, and production activities on the Coastal Plain 

12 will result in no significant adverse effect on fish 

13 and wildlife, their habitat, and the environment; 

14 (2) require the application of the best commer15 cially available technology for oil and gas explo16 ration, development, and production on all new ex17 ploration, development, and production operations; 

18 and 

19 (3) ensure that the maximum amount of sur20 face acreage covered by production and support fa21 cilities, including airstrips and any areas covered by 

22 gravel berms or piers for support of pipelines, does 

23 not exceed 2,000 acres on the Coastal Plain. 


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1 (b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.— 

2 The Secretary shall also require, with respect to any pro3 posed drilling and related activities, that— 

4 (1) a site-specific analysis be made of the prob5 able effects, if any, that the drilling or related activi6 ties will have on fish and wildlife, their habitat, sub7 sistence resources, and the environment; 

8 (2) a plan be implemented to avoid, minimize, 

9 and mitigate (in that order and to the extent prac10 ticable) any significant adverse effect identified 

11 under paragraph (1); and 

12 (3) the development of the plan shall occur 

13 after consultation with the agency or agencies hav14 ing jurisdiction over matters mitigated by the plan. 

15 (c) REGULATIONS TO PROTECT COASTAL PLAIN

16 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

17 AND THE ENVIRONMENT.—Before implementing the leas18 ing program authorized by this subtitle, the Secretary 

19 shall prepare and promulgate regulations, lease terms, 

20 conditions, restrictions, prohibitions, stipulations, and 

21 other measures designed to ensure that the activities un22 dertaken on the Coastal Plain under this subtitle are con23 ducted in a manner consistent with the purposes and envi24 ronmental requirements of this subtitle. 


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1 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI2 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

3 proposed regulations, lease terms, conditions, restrictions, 

4 prohibitions, and stipulations for the leasing program 

5 under this subtitle shall require compliance with all appli6 cable provisions of Federal and State environmental law, 

7 and shall also require the following: 

8 (1) Standards at least as effective as the safety 

9 and environmental mitigation measures set forth in 

10 items 1 through 29 at pages 167 through 169 of the 

11 ‘‘Final Legislative Environmental Impact State12 ment’’ (April 1987) on the Coastal Plain. 

13 (2) Seasonal limitations on exploration, develop14 ment, and related activities, where necessary, to 

15 avoid significant adverse effects during periods of 

16 concentrated fish and wildlife breeding, denning, 

17 nesting, spawning, and migration. 

18 (3) That exploration activities, except for sur19 face geological studies, be limited to the period be20 tween approximately November 1 and May 1 each 

21 year and that exploration activities shall be sup22 ported, if necessary, by ice roads, winter trails with 

23 adequate snow cover, ice pads, ice airstrips, and air 

24 transport methods, except that such exploration ac25 tivities may occur at other times if the Secretary 


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1 finds that such exploration will have no significant 

2 adverse effect on the fish and wildlife, their habitat, 

3 and the environment of the Coastal Plain. 

4 (4) Design safety and construction standards 

5 for all pipelines and any access and service roads, 

6 that— 

7 (A) minimize, to the maximum extent pos8 sible, adverse effects upon the passage of mi9 gratory species such as caribou; and 

10 (B) minimize adverse effects upon the flow 

11 of surface water by requiring the use of cul12 verts, bridges, and other structural devices. 

13 (5) Prohibitions on general public access and 

14 use on all pipeline access and service roads. 

15 (6) Stringent reclamation and rehabilitation re16 quirements, consistent with the standards set forth 

17 in this subtitle, requiring the removal from the 

18 Coastal Plain of all oil and gas development and 

19 production facilities, structures, and equipment upon 

20 completion of oil and gas production operations, ex21 cept that the Secretary may exempt from the re22 quirements of this paragraph those facilities, struc23 tures, or equipment that the Secretary determines 

24 would assist in the management of the Arctic NaVerDate Mar 15 2010 21:35 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H5899.IH H5899

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1 tional Wildlife Refuge and that are donated to the 

2 United States for that purpose. 

3 (7) Appropriate prohibitions or restrictions on 

4 access by all modes of transportation. 

5 (8) Appropriate prohibitions or restrictions on 

6 sand and gravel extraction. 

7 (9) Consolidation of facility siting. 

8 (10) Appropriate prohibitions or restrictions on 

9 use of explosives. 

10 (11) Avoidance, to the extent practicable, of 

11 springs, streams, and river system; the protection of 

12 natural surface drainage patterns, wetlands, and ri13 parian habitats; and the regulation of methods or 

14 techniques for developing or transporting adequate 

15 supplies of water for exploratory drilling. 

16 (12) Avoidance or minimization of air traffic-re17 lated disturbance to fish and wildlife. 

18 (13) Treatment and disposal of hazardous and 

19 toxic wastes, solid wastes, reserve pit fluids, drilling 

20 muds and cuttings, and domestic wastewater, includ21 ing an annual waste management report, a haz22 ardous materials tracking system, and a prohibition 

23 on chlorinated solvents, in accordance with applica24 ble Federal and State environmental law. 


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1 (14) Fuel storage and oil spill contingency plan2 ning. 

3 (15) Research, monitoring, and reporting re4 quirements. 

5 (16) Field crew environmental briefings. 

6 (17) Avoidance of significant adverse effects 

7 upon subsistence hunting, fishing, and trapping by 

8 subsistence users. 

9 (18) Compliance with applicable air and water 

10 quality standards. 

11 (19) Appropriate seasonal and safety zone des12 ignations around well sites, within which subsistence 

13 hunting and trapping shall be limited. 

14 (20) Reasonable stipulations for protection of 

15 cultural and archeological resources. 

16 (21) All other protective environmental stipula17 tions, restrictions, terms, and conditions deemed 

18 necessary by the Secretary. 

19 (e) CONSIDERATIONS.—In preparing and promul20 gating regulations, lease terms, conditions, restrictions, 

21 prohibitions, and stipulations under this section, the Sec22 retary shall consider the following: 

23 (1) The stipulations and conditions that govern 

24 the National Petroleum Reserve-Alaska leasing pro25 gram, as set forth in the 1999 Northeast National 


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1 Petroleum Reserve-Alaska Final Integrated Activity 

2 Plan/Environmental Impact Statement. 

3 (2) The environmental protection standards 

4 that governed the initial Coastal Plain seismic explo5 ration program under parts 37.31 to 37.33 of title 

6 50, Code of Federal Regulations. 

7 (3) The land use stipulations for exploratory 

8 drilling on the KIC–ASRC private lands that are set 

9 forth in appendix 2 of the August 9, 1983, agree10 ment between Arctic Slope Regional Corporation and 

11 the United States. 

12 (f) FACILITY CONSOLIDATION PLANNING.— 

13 (1) IN GENERAL.—The Secretary shall, after 

14 providing for public notice and comment, prepare 

15 and update periodically a plan to govern, guide, and 

16 direct the siting and construction of facilities for the 

17 exploration, development, production, and transpor18 tation of Coastal Plain oil and gas resources. 

19 (2) OBJECTIVES.—The plan shall have the fol20 lowing objectives: 

21 (A) Avoiding unnecessary duplication of fa22 cilities and activities. 

23 (B) Encouraging consolidation of common 

24 facilities and activities. 


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1 (C) Locating or confining facilities and ac2 tivities to areas that will minimize impact on 

3 fish and wildlife, their habitat, and the environ4 ment. 

5 (D) Utilizing existing facilities wherever 

6 practicable. 

7 (E) Enhancing compatibility between wild8 life values and development activities. 

9 (g) ACCESS TO PUBLIC LANDS.—The Secretary 

10 shall— 

11 (1) manage public lands in the Coastal Plain 

12 subject to subsections (a) and (b) of section 811 of 

13 the Alaska National Interest Lands Conservation 

14 Act (16 U.S.C. 3121); and 

15 (2) ensure that local residents shall have rea16 sonable access to public lands in the Coastal Plain 

17 for traditional uses. 

18 SEC. 127. EXPEDITED JUDICIAL REVIEW. 

19 (a) FILING OF COMPLAINT.— 

20 (1) DEADLINE.—Subject to paragraph (2), any 

21 complaint seeking judicial review of any provision of 

22 this subtitle or any action of the Secretary under 

23 this subtitle shall be filed— 


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1 (A) except as provided in subparagraph 

2 (B), within the 60-day period beginning on the 

3 date of the action being challenged; or 

4 (B) in the case of a complaint based solely 

5 on grounds arising after such period, within 60 

6 days after the complainant knew or reasonably 

7 should have known of the grounds for the com8 plaint. 

9 (2) VENUE.—Any complaint seeking judicial re10 view of any provision of this subtitle or any action 

11 of the Secretary under this subtitle may be filed only 

12 in the United States District Court for the District 

13 of Columbia. 

14 (3) LIMITATION ON SCOPE OF CERTAIN RE15 VIEW.—Judicial review of a Secretarial decision to 

16 conduct a lease sale under this subtitle, including 

17 the environmental analysis thereof, shall be limited 

18 to whether the Secretary has complied with the 

19 terms of this subtitle and shall be based upon the 

20 administrative record of that decision. The Sec21 retary’s identification of a preferred course of action 

22 to enable leasing to proceed and the Secretary’s 

23 analysis of environmental effects under this subtitle 

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1 wise by clear and convincing evidence to the con2 trary. 

3 (b) LIMITATION ON OTHER REVIEW.—Actions of the 

4 Secretary with respect to which review could have been 

5 obtained under this section shall not be subject to judicial 

6 review in any civil or criminal proceeding for enforcement. 

7 SEC. 128. FEDERAL AND STATE DISTRIBUTION OF REVE8 NUES. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, of the amount of adjusted bonus, rental, and 

11 royalty revenues from Federal oil and gas leasing and op12 erations authorized under this subtitle— 

13 (1) 50 percent shall be paid to the State of 

14 Alaska; and 

15 (2) except as provided in section 131(d), the 

16 balance shall be transferred to the American-Made 

17 Energy Trust Fund (established by section 9511 of 

18 the Internal Revenue Code of 1986). 

19 (b) PAYMENTS TO ALASKA.—Payments to the State 

20 of Alaska under this section shall be made semiannually. 

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

22 (a) IN GENERAL.—The Secretary shall issue rights23 of-way and easements across the Coastal Plain for the 

24 transportation of oil and gas— 


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1 (1) except as provided in paragraph (2), under 

2 section 28 of the Mineral Leasing Act (30 U.S.C. 

3 185), without regard to title XI of the Alaska Na4 tional Interest Lands Conservation Act (30 U.S.C. 

5 3161 et seq.); and 

6 (2) under title XI of the Alaska National Inter7 est Lands Conservation Act (30 U.S.C. 3161 et 

8 seq.), for access authorized by sections 1110 and 

9 1111 of that Act (16 U.S.C. 3170 and 3171). 

10 (b) TERMS AND CONDITIONS.—The Secretary shall 

11 include in any right-of-way or easement issued under sub12 section (a) such terms and conditions as may be necessary 

13 to ensure that transportation of oil and gas does not result 

14 in a significant adverse effect on the fish and wildlife, sub15 sistence resources, their habitat, and the environment of 

16 the Coastal Plain, including requirements that facilities be 

17 sited or designed so as to avoid unnecessary duplication 

18 of roads and pipelines. 

19 (c) REGULATIONS.—The Secretary shall include in 

20 regulations under section 122(g) provisions granting 

21 rights-of-way and easements described in subsection (a) 

22 of this section. 

23 SEC. 130. CONVEYANCE. 

24 In order to maximize Federal revenues by removing 

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1 terns within the Coastal Plain, the Secretary, notwith2 standing the provisions of section 1302(h)(2) of the Alas3 ka National Interest Lands Conservation Act (16 U.S.C. 

4 3192(h)(2)), shall convey— 

5 (1) to the Kaktovik Inupiat Corporation the 

6 surface estate of the lands described in paragraph 1 

7 of Public Land Order 6959, to the extent necessary 

8 to fulfill the Corporation’s entitlement under sec9 tions 12 and 14 of the Alaska Native Claims Settle10 ment Act (43 U.S.C. 1611 and 1613) in accordance 

11 with the terms and conditions of the Agreement be12 tween the Department of the Interior, the United 

13 States Fish and Wildlife Service, the Bureau of 

14 Land Management, and the Kaktovik Inupiat Cor15 poration effective January 22, 1993; and 

16 (2) to the Arctic Slope Regional Corporation 

17 the remaining subsurface estate to which it is enti18 tled pursuant to the August 9, 1983, agreement be19 tween the Arctic Slope Regional Corporation and the 

20 United States of America. 

21 SEC. 131. LOCAL GOVERNMENT IMPACT AID AND COMMU22 NITY SERVICE ASSISTANCE. 

23 (a) FINANCIAL ASSISTANCE AUTHORIZED.— 

24 (1) IN GENERAL.—The Secretary may use 

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1 ernment Impact Aid Assistance Fund established by 

2 subsection (d) to provide timely financial assistance 

3 to entities that are eligible under paragraph (2) and 

4 that are directly impacted by the exploration for or 

5 production of oil and gas on the Coastal Plain under 

6 this subtitle. 

7 (2) ELIGIBLE ENTITIES.—The North Slope 

8 Borough, the City of Kaktovik, and any other bor9 ough, municipal subdivision, village, or other com10 munity in the State of Alaska that is directly im11 pacted by exploration for, or the production of, oil 

12 or gas on the Coastal Plain under this subtitle, as 

13 determined by the Secretary, shall be eligible for fi14 nancial assistance under this section. 

15 (b) USE OF ASSISTANCE.—Financial assistance 

16 under this section may be used only for— 

17 (1) planning for mitigation of the potential ef18 fects of oil and gas exploration and development on 

19 environmental, social, cultural, recreational, and sub20 sistence values; 

21 (2) implementing mitigation plans and main22 taining mitigation projects; 

23 (3) developing, carrying out, and maintaining 

24 projects and programs that provide new or expanded 

25 public facilities and services to address needs and 


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1 problems associated with such effects, including fire2 fighting, police, water, waste treatment, medivac, 

3 and medical services; and 

4 (4) establishment of a coordination office, by 

5 the North Slope Borough, in the City of Kaktovik, 

6 which shall— 

7 (A) coordinate with and advise developers 

8 on local conditions, impact, and history of the 

9 areas utilized for development; and 

10 (B) provide to the Committee on Natural 

11 Resources of the House of Representatives and 

12 the Committee on Energy and Natural Re13 sources of the Senate an annual report on the 

14 status of coordination between developers and 

15 the communities affected by development. 

16 (c) APPLICATION.— 

17 (1) IN GENERAL.—Any community that is eligi18 ble for assistance under this section may submit an 

19 application for such assistance to the Secretary, in 

20 such form and under such procedures as the Sec21 retary may prescribe by regulation. 

22 (2) NORTH SLOPE BOROUGH COMMUNITIES.—A 

23 community located in the North Slope Borough may 

24 apply for assistance under this section either directly 


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1 to the Secretary or through the North Slope Bor2 ough. 

3 (3) APPLICATION ASSISTANCE.—The Secretary 

4 shall work closely with and assist the North Slope 

5 Borough and other communities eligible for assist6 ance under this section in developing and submitting 

7 applications for assistance under this section. 

8 (d) ESTABLISHMENT OF FUND.— 

9 (1) IN GENERAL.—There is established in the 

10 Treasury the Coastal Plain Local Government Im11 pact Aid Assistance Fund. 

12 (2) USE.—Amounts in the fund may be used 

13 only for providing financial assistance under this 

14 section. 

15 (3) DEPOSITS.—Subject to paragraph (4), there 

16 shall be deposited into the fund amounts received by 

17 the United States as revenues derived from rents, 

18 bonuses, and royalties from Federal leases and lease 

19 sales authorized under this subtitle. 

20 (4) LIMITATION ON DEPOSITS.—The total 

21 amount in the fund may not exceed $11,000,000. 

22 (5) INVESTMENT OF BALANCES.—The Sec23 retary of the Treasury shall invest amounts in the 

24 fund in interest bearing government securities. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—To pro2 vide financial assistance under this section there is author3 ized to be appropriated to the Secretary from the Coastal 

4 Plain Local Government Impact Aid Assistance Fund 

5 $5,000,000 for each fiscal year. 

6 Subtitle C—Oil Shale 

7 SEC. 141. OIL SHALE. 

8 (a) FINDINGS.—The Congress finds the following: 

9 (1) The Office of Naval Petroleum and Oil 

10 Shale Reserves at the Department of Energy has es11 timated that oil shale resources located on Federal 

12 lands hold 2 trillion undiscovered technically recover13 able barrels of oil. 

14 (2) Oil shale is a strategically important domes15 tic resource that should be developed to reduce the 

16 growing dependence of the United States on politi17 cally and economically unstable sources of foreign oil 

18 imports. 

19 (3) The development of oil shale for research 

20 and commercial development should be conducted in 

21 an environmentally sound manner, using practices 

22 that minimize impacts. 

23 (4) Development of such strategic unconven24 tional fuel should occur, with an emphasis on susVerDate Mar 15 2010 21:35 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H5899.IH H5899

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1 tainability, to benefit the United States while taking 

2 into account affected States and communities. 

3 (5) Oil shale is one of the best resources avail4 able for advancing American technology and creating 

5 American jobs. 

6 (6) Oil shale will be a critically important com7 ponent of the Nation’s transportation fuel sector in 

8 particular, by providing a secure domestic source of 

9 aviation fuel for both commercial and military uses. 

10 (b) ADDITIONAL RESEARCH AND DEVELOPMENT

11 LEASE SALES.—The Secretary of the Interior shall hold 

12 a lease sale within 180 days after the date of enactment 

13 of this Act offering an additional 10 parcels for lease for 

14 research, development, and demonstration of oil shale re15 sources, under the terms offered in the solicitation of bids 

16 for such leases published on January 15, 2009 (74 Fed. 

17 Reg. 10). 

18 (c) APPLICATION OF REGULATIONS.—The oil shale 

19 management final rules published by the Department of 

20 the Interior on November 18, 2008 (73 Fed. Reg. 223), 

21 shall apply to all commercial leasing for the management 

22 of federally owned oil shale, and any associated minerals, 

23 located on Federal lands. 

24 (d) REDUCED PAYMENTS TO ENSURE PRODUC25 TION.—The Secretary of the Interior may temporarily reVerDate Mar 15 2010 21:35 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H5899.IH H5899

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1 duce royalties, fees, rentals, bonus, or other payments for 

2 leases of Federal lands for the development and produc3 tion of oil shale resources as necessary to incentivize and 

4 encourage development of such resources, if the Secretary 

5 determines that the royalties, fees, rentals, bonus bids, 

6 and other payments otherwise authorized by law are hin7 dering production of such resources. 

8 Subtitle D—Coal to Liquid 

9 SEC. 151. DEVELOPMENT AND OPERATION OF FACILITIES. 

10 (a) AUTHORITY.—The Secretary of Defense shall de11 velop, construct, and operate a qualified coal-to-liquids fa12 cility, subject to the availability of appropriations provided 

13 in advance specifically for that purpose. 

14 (b) CONSIDERATIONS.—In carrying out subsection 

15 (a), the Secretary shall consider land availability, testing 

16 opportunities, and proximity to raw materials. 

17 SEC. 152. DEFINITIONS RELATING TO COAL-TO-LIQUID 

18 FUEL AND FACILITIES. 

19 For purposes of this title (except as otherwise pro20 vided)— 

21 (1) COAL-TO-LIQUID FUEL.—The term ‘‘coal-to22 liquid fuel’’ means any transportation-grade liquid 

23 fuel derived primarily from coal (including peat) and 

24 produced at a qualified coal-to-liquid facility. 


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1 (2) QUALIFIED COAL-TO-LIQUID FACILITY.— 

2 The term ‘‘qualified coal-to-liquid facility’’ means a 

3 manufacturing facility that has the capacity to 

4 produce at least 10,000 barrels per day of transpor5 tation grade liquid fuels from a feedstock that is pri6 marily domestic coal (including peat and any prop7 erty which allows for the capture, transportation, or 

8 sequestration of by-products resulting from such 

9 process, including carbon emissions). 

10 SEC. 153. REPEAL. 

11 Section 526 of the Energy Independence and Security 

12 Act of 2007 (42 U.S.C. 17142) is repealed. 

13 TITLE II—AMERICAN-MADE 

14 ENERGY TRUST FUND 

15 SEC. 201. ESTABLISHMENT OF AMERICAN-MADE ENERGY 

16 TRUST FUND. 

17 (a) CREATION OF TRUST FUND.—Subchapter A of 

18 chapter 98 of the Internal Revenue Code of 1986 is 

19 amended by inserting at the end the following new section: 

20 ‘‘SEC. 9511. AMERICAN-MADE ENERGY TRUST FUND. 

21 ‘‘(a) ESTABLISHMENT OF TRUST FUND.—There is 

22 established in the Treasury of the United States a trust 

23 fund to be known as the ‘American-Made Energy Trust 

24 Fund’, consisting of such amounts as may be appropriated 


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1 or credited to the American-Made Energy Trust Fund as 

2 provided in this section. 

3 ‘‘(b) TRANSFERS TO TRUST FUND.—To the extent 

4 provided in appropriations Acts, there shall be appro5 priated to the American-Made Energy Trust Fund— 

6 ‘‘(1) the amounts required to be transferred 

7 under section 128 of A Roadmap for America’s En8 ergy Future; 

9 ‘‘(2) all amounts received by the United States 

10 as bonus bids, rents, and royalties for oil and gas 

11 leases of the outer Continental Shelf awarded after 

12 the date of the enactment of A Roadmap for Amer13 ica’s Energy Future that are not otherwise required 

14 by law to be paid by the United States; and 

15 ‘‘(3) all amounts received by the United States 

16 as bonus bids, rents, and royalties for oil shale 

17 leases of Federal lands awarded after the date of the 

18 enactment of A Roadmap for America’s Energy Fu19 ture. 

20 ‘‘(c) EXPENDITURES FROM AMERICAN-MADE EN21 ERGY TRUST FUND.—As provided by appropriation Acts, 

22 amounts in the American-Made Energy Trust Fund shall 

23 be available in any year to carry out sections 401 and 402 

24 of A Roadmap for America’s Energy Future.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for subchapter A of chapter 98 of such Code is amended 

3 by inserting at the end the following new item: 

‘‘Sec. 9511. American-Made Energy Trust Fund.’’. 

4 TITLE III—NUCLEAR 

5 SEC. 301. FINDINGS. 

6 The Congress finds that— 

7 (1) there are 104 nuclear reactors currently op8 erating in the United States, providing 20 percent of 

9 the electricity of the United States; 

10 (2) between 1960 and 1980, the Nuclear Regu11 latory Commission issued 169 permits to construct 

12 nuclear power facilities; 

13 (3) nuclear power is a safe, reliable, efficient, 

14 and affordable source of energy; 

15 (4) there are 17 combined operating and license 

16 applications currently pending before the Nuclear 

17 Regulatory Commission; 

18 (5) nuclear power is responsible for 72 percent 

19 of emission-free electricity production in the United 

20 States and is an essential tool for greenhouse gas re21 duction; 

22 (6) increasing nuclear power threefold will cre23 ate 480,000 construction jobs, 140,000 permanent 

24 jobs, and $20,000,000,000 in local, State, and Fed25 eral tax revenue each year; 


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1 (7) increasing nuclear power threefold will re2 duce electricity-based carbon dioxide emissions by 

3 1,400,000,000 metric tons annually and will reduce 

4 carbon emissions by 65 percent by 2050; and 

5 (8) increasing nuclear power threefold will 

6 produce 320 gigawatts of electricity to power 

7 237,000,000 households and constitute 52 percent of 

8 United States electricity portfolio by 2030. 

9 SEC. 302. 200 OPERATING PERMITS BY 2040. 

10 The Nuclear Regulatory Commission shall issue oper11 ating permits for 200 new commercial nuclear reactors, 

12 or the megawatt equivalent, by 2040, if there are a suffi13 cient number of applicants. 

14 SEC. 303. RECYCLE AND SAFELY STORE SPENT NUCLEAR 

15 FUEL. 

16 (a) FINDINGS.—The Congress finds that— 

17 (1) the Nuclear Waste Policy Act of 1982 re18 quires the Federal Government to take ownership of 

19 high-level nuclear waste and spent nuclear fuel and 

20 build a permanent geologic repository in which to 

21 store this waste; 

22 (2) the Nuclear Waste Policy Act of 1982, as 

23 amended in 1987, selected the Yucca Mountain site 

24 to be the sole geologic repository in which to store 

25 high-level nuclear waste and spent nuclear fuel; 


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1 (3) the Congress reaffirmed Yucca Mountain as 

2 the sole geologic repository in 2001; 

3 (4) despite the foregoing laws, the Government 

4 has failed to accept high-level nuclear waste and 

5 spent nuclear fuel from utilities and has delayed 

6 construction of the Yucca Mountain repository; 

7 (5) failure to accept high-level nuclear waste 

8 and spent nuclear fuel has led to more than 71 law9 suits filed by utilities against the Government, 

10 $600,000,000 in settlements being paid, and an esti11 mated $12,300,000,000 in potential liabilities to set12 tle remaining lawsuits; 

13 (6) each year the Government refuses to accept 

14 high-level nuclear waste and spent nuclear fuel adds 

15 an estimated $500,000,000 in additional liabilities 

16 associated with future lawsuits; and 

17 (7) the failure of the Federal Government to ac18 cept high-level nuclear waste and spent nuclear fuel 

19 from utilities is a significant barrier to the future 

20 development of additional nuclear power. 

21 (b) HIGH-LEVEL NUCLEAR WASTE REPOSITORY.— 

22 (1) The Federal Government remains obliged to 

23 construct and operate at least one high-level nuclear 

24 materials geologic repository for the disposal of 

25 spent nuclear fuel and high-level radioactive waste. 


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1 (2) The high-level nuclear waste repository site 

2 at Yucca Mountain shall remain the site for the Na3 tion’s nuclear waste repository unless it is deemed 

4 technologically or scientifically unsuitable by the Nu5 clear Regulatory Commission following full statutory 

6 review of the Department of Energy’s license appli7 cation to construct the Yucca Mountain repository. 

8 (3) The Nuclear Regulatory Commission shall 

9 continue to review the Department of Energy’s 

10 pending license application to construct the nuclear 

11 waste repository at Yucca Mountain until a deter12 mination is made on the merits of the application. 

13 (4) In addition to pursuing approval of the li14 cense application referenced in paragraph (3), the 

15 Secretary shall undertake the following activities: 

16 (A) Seeking all other necessary regulatory 

17 approvals and permits to construct and operate 

18 the Yucca Mountain repository. 

19 (B) Conducting all necessary design and 

20 engineering work to support construction of the 

21 repository. 

22 (C) Undertaking all infrastructure activi23 ties necessary to support the construction or 

24 operation of the repository or transportation to 

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1 dioactive waste. Infrastructure activities in2 clude, but are not limited to, safety upgrades; 

3 site preparation; the construction of a rail line 

4 to connect the Yucca Mountain site with the 

5 national rail network, including any facilities to 

6 facilitate rail operations; and construction, up7 grade, acquisition, or operation of electrical 

8 grids or facilities, other utilities, communication 

9 facilities, access roads, rail lines, and non10 nuclear support facilities. 

11 (5) All statutory limitations on the amount of 

12 spent fuel that can be placed in Yucca Mountain 

13 shall be removed and replaced with new limits based 

14 on scientific and technical analysis of the full capac15 ity of Yucca Mountain for the storage of spent nu16 clear fuel and high-level radioactive waste. 

17 (c) TEMPORARY NUCLEAR FUEL STORAGE FACILI18 TIES.—The Secretary of the Interior shall grant all nec19 essary rights of way and land use authorizations needed 

20 for a nuclear fuel storage facility if the State and locality 

21 in which such facility is located reach an agreement with 

22 a private entity. The Federal Government shall take title 

23 of the contents of any such facility upon closure or decom24 missioning. 

25 (d) RECYCLING.— 


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1 (1) AMENDMENT.—Section 302 of the Nuclear 

2 Waste Policy Act of 1982 (42 U.S.C. 10222) is 

3 amended— 

4 (A) in subsection (d), by striking ‘‘The 

5 Secretary may’’ and inserting ‘‘Except as pro6 vided in subsection (f), the Secretary may’’; and 

7 (B) by adding at the end the following new 

8 subsection: 

9 ‘‘(f) RECYCLING.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (3), amounts in the Waste Fund shall be used 

12 by the Secretary of Energy, subject to the avail13 ability of appropriations provided in advance specifi14 cally for that purpose, to develop, construct, and op15 erate a facility for the recycling of spent nuclear 

16 fuel. 

17 ‘‘(2) CERTIFICATION.—The Secretary shall not 

18 develop, construct, and operate a facility under this 

19 subsection unless the President certifies to the Con20 gress that recycling of the waste would reduce the 

21 overall projected cost to the Federal Government for 

22 safely accepting and disposing of high-level nuclear 

23 waste.’’. 


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1 (2) PROHIBITION.—The Administration is pro2 hibited from blocking or hindering spent nuclear fuel 

3 recycling activities. 

4 (3) RULEMAKING FOR LICENSING OF SPENT

5 NUCLEAR FUEL RECYCLING FACILITIES.— 

6 (A) REQUIREMENT.—The Nuclear Regu7 latory Commission shall, as expeditiously as 

8 possible, but in no event later than 2 years 

9 after the date of enactment of this Act, com10 plete a rulemaking establishing a process for 

11 the licensing by the Nuclear Regulatory Com12 mission, under the Atomic Energy Act of 1954, 

13 of facilities for the recycling of spent nuclear 

14 fuel. 

15 (B) FUNDING.—Amounts in the Nuclear 

16 Waste Fund established under section 302 of 

17 the Nuclear Waste Policy Act of 1982 (42 

18 U.S.C. 10222) shall be made available to the 

19 Nuclear Regulatory Commission to cover the 

20 costs of carrying out subparagraph (A) of this 

21 paragraph. 

22 (e) NUCLEAR WASTE FUND MANAGEMENT.— 

23 (1) OFFSETTING COLLECTIONS.—Fees collected 

24 by the Secretary of Energy and deposited into the 

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1 icy Act of 1982 (42 U.S.C. 10101 et seq.) shall be 

2 credited to the Nuclear Waste Fund as offsetting 

3 collections in amounts not to exceed the amounts an4 nually appropriated from the Nuclear Waste Fund. 

5 (2) ADDITIONAL NECESSARY SUMS.—To the ex6 tent that the level of budgetary resources from off7 setting collections is insufficient to implement activi8 ties under the Nuclear Waste Policy Act of 1982 for 

9 a fiscal year, there are authorized to be appropriated 

10 for implementing those activities such additional 

11 sums as may be necessary from the balances in the 

12 Nuclear Waste Fund. 

13 SEC. 304. CONFIDENCE IN AVAILABILITY OF WASTE DIS14 POSAL. 

15 Notwithstanding any other provision of law, in decid16 ing whether to permit the construction or operation of a 

17 nuclear reactor or any related facilities, the Nuclear Regu18 latory Commission shall deem, without further consider19 ation, that sufficient capacity will be available in a timely 

20 manner to dispose of spent nuclear fuel and high level ra21 dioactive waste resulting from the operation of the reactor 

22 and any related facilities. 


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1 TITLE IV—REVERSE AUCTION 

2 MECHANISMS FOR RENEW3 ABLE ENERGY GENERATION 

4 AND FOR RENEWABLE FUEL 

5 PRODUCTION 

6 SEC. 401. REVERSE AUCTION MECHANISM FOR RENEW7 ABLE ENERGY GENERATION. 

8 (a) REVERSE AUCTION.—Not later than 180 days 

9 after the date of enactment of this Act, the Secretary shall 

10 promulgate regulations to conduct reverse auctions, as de11 scribed in subsection (b), to award funds from the Amer12 ican-Made Energy Trust Fund to owners or operators of 

13 qualified renewable energy facilities to generate an amount 

14 of electric energy. 

15 (b) REVERSE AUCTION REQUIREMENTS.—The regu16 lations under subsection (a) shall include the following: 

17 (1) FREQUENCY.—Subject to amounts available 

18 in the American-Made Energy Trust Fund (includ19 ing any amounts not obligated in the previous cal20 endar year), the Secretary shall conduct a minimum 

21 of 2 reverse auctions per calendar year. 

22 (2) BIDS.—In any reverse auction under this 

23 section, bids shall describe the amount of electric en24 ergy to be generated by the qualified renewable en25 ergy facility and the price per megawatt hour of 


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1 electric energy that will be generated by such facil2 ity. 

3 (3) SELECTION OF RENEWABLE ENERGY FA4 CILITIES.—In determining bidders to award funds to 

5 in any reverse auction under this section, the Sec6 retary shall consider— 

7 (A) bids that incorporate the lowest bid 

8 price per megawatt hour of electric energy; and 

9 (B) existing subsidies and other support 

10 received by a bidder. 

11 (4) CATEGORIES OF GENERATING CAPACITY.— 

12 (A) ALLOCATION.—Subject to subpara13 graph (B), in each reverse auction under this 

14 section funds shall be allocated as follows: 

15 (i) 25 percent of the funds shall be 

16 awarded for the generation of electric en17 ergy by qualified renewable energy facili18 ties that have a small generating capacity. 

19 (ii) 25 percent of the funds shall be 

20 awarded for the generation of electric en21 ergy by qualified renewable energy facili22 ties that have a mid-sized generating ca23 pacity. 

24 (iii) 50 percent of the funds shall be 

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1 ergy by qualified renewable energy facili2 ties that have a large generating capacity. 

3 (B) INSUFFICIENT FUNDS.—If the Sec4 retary determines that the amount of funds 

5 available in any calendar year in the American6 Made Energy Trust Fund (including any 

7 amounts not obligated in the previous calendar 

8 year) are insufficient to provide adequate fund9 ing for each allocation described in clauses (i), 

10 (ii), and (iii) of subparagraph (A), the Sec11 retary may reduce or eliminate any allocation 

12 requirement under such subparagraph. 

13 (C) DETERMINATION BY SECRETARY.— 

14 With respect to the generating capacity of a 

15 qualified renewable energy facility, the Sec16 retary shall determine what qualifies as a small, 

17 mid-sized, and large generating capacity for 

18 purposes of this paragraph. 

19 (5) STANDARD AMOUNTS OF ELECTRIC EN20 ERGY.—In each reverse auction under this section, 

21 the Secretary shall determine standard amounts of 

22 electric energy that owners or operators of qualified 

23 renewable energy facilities may bid on as well as the 

24 time allotted to generate such an amount of electric 

25 energy. 


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1 (6) CONFIDENTIALITY.—Information regarding 

2 the bid price of an owner or operator selected for an 

3 award of funds pursuant to a reverse auction under 

4 this section shall remain confidential until the initial 

5 award of funds to such owner or operator is made. 

6 (7) INFORMATION REGARDING AUCTIONS.— 

7 Prior to each reverse auction under this section, the 

8 Secretary shall make publicly available information 

9 regarding such reverse auction, including standard 

10 amounts of electric energy described in paragraph 

11 (5) to be auctioned and allocations described in 

12 paragraph (4) for such auction. 

13 (c) AWARD OF FUNDS.— 

14 (1) TIMING.—The Secretary may award funds 

15 to an owner or operator selected— 

16 (A) when generation of the amount of elec17 tric energy referenced in such owner or opera18 tor’s bid begins; 

19 (B) on an incremental basis of generation 

20 until the amount of electric energy referenced 

21 in such owner or operator’s bid has been gen22 erated; or 

23 (C) after the amount of electric energy ref24 erenced in such owner or operator’s bid has 

25 been generated. 


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1 (2) CONTRACTS FOR GENERATION.—In order to 

2 receive an award of funds pursuant to a reverse auc3 tion under this section, an owner or operator se4 lected for such award of funds shall enter into a con5 tract with the Secretary delineating the terms of the 

6 award of funds, including when such owner or oper7 ator shall be required to pay the Secretary an 

8 amount equal to funds awarded to such owner or op9 erator for electric energy referenced in such owner 

10 or operator’s bid that such owner or operator fails 

11 to generate. 

12 (d) CRITERIA FOR RENEWABLE ENERGY FACILI13 TIES.—A qualified renewable energy facility is a renewable 

14 energy facility that satisfies the following criteria: 

15 (1) OPERATION.— 

16 (A) IN GENERAL.—Except as provided in 

17 subparagraph (B), the renewable energy facility 

18 shall be in operation not later than 18 months 

19 after the owner or operator of such renewable 

20 energy facility is selected for an award of funds 

21 pursuant to a reverse auction under this sec22 tion. 

23 (B) EXTENSION.—The Secretary may 

24 grant an owner or operator of a renewable en25 ergy facility a one-time 6 month extension of 


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1 the deadline for operation under subparagraph 

2 (A) if such owner or operator demonstrates, to 

3 the satisfaction of the Secretary, that operation 

4 is delayed due to regulatory constraints beyond 

5 the control of such owner or operator. Exten6 sions under this subparagraph may not be 

7 granted for delays due to lack of financing or 

8 delayed equipment delivery. 

9 (2) DEPOSIT.—An owner or operator of a re10 newable energy facility shall provide a deposit of, as 

11 determined by the Secretary, an appropriate amount 

12 per kilowatt hour of electricity to be generated by 

13 such facility for which the owner or operator is re14 ceiving an award of funds pursuant to a reverse auc15 tion under this section. Such deposit shall be due at 

16 the time of the initial award of funds to such owner 

17 or operator and shall be refunded when the facility 

18 begins operation. If the renewable energy facility is 

19 not in operation by the deadline for operation under 

20 subparagraph (A) or subparagraph (B) of paragraph 

21 (1), the owner or operator shall forfeit such deposit. 

22 (3) EXPERTISE.—The owner or operator of the 

23 renewable energy facility shall demonstrate, to the 

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1 spect to the generation of electric energy from the 

2 renewable energy source used by such facility. 

3 (4) DEMONSTRATED TECHNOLOGY.—The owner 

4 or operator of the renewable energy facility shall 

5 demonstrate, to the satisfaction of the Secretary, 

6 that the renewable energy generating technology 

7 used by such facility can be used on a commercial 

8 scale. 

9 (5) ADDITIONAL CRITERIA.—Any additional cri10 teria the Secretary determines appropriate. 

11 (e) DEFINITIONS.—In this section: 

12 (1) The term ‘‘American-Made Energy Trust 

13 Fund’’ means the trust fund established by section 

14 9511 of the Internal Revenue Code of 1986. 

15 (2) The term ‘‘operation’’, with respect to a re16 newable energy facility, means that— 

17 (A) such facility is generating electric en18 ergy; 

19 (B) such facility is transmitting electric 

20 energy onto the electric power grid; and 

21 (C) electric energy generated by such facil22 ity is being sold to one or more electric utilities. 

23 (3) The term ‘‘Secretary’’ means the Secretary 

24 of Energy. 


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1 (4) The term ‘‘renewable energy’’ has the 

2 meaning given such term in section 203(b) of the 

3 Energy Policy Act of 2005 (42 U.S.C. 15852(b)). 

4 (5) The term ‘‘renewable energy facility’’ means 

5 a facility— 

6 (A) for the generation of electric energy 

7 and the transmission of such electric energy 

8 onto the electric power grid; and 

9 (B) that generates such electric energy 

10 from a renewable energy source. 

11 (6) The term ‘‘qualified renewable energy facil12 ity’’ means a renewable energy facility that satisfies 

13 the criteria under subsection (d). 

14 (f) DENIAL OF DOUBLE BENEFIT.— 

15 (1) TREATMENT AS QUALIFIED FACILITY.—A 

16 renewable energy facility for which funds are award17 ed under this section shall not be treated as a quali18 fied facility for purposes of section 45 of the Inter19 nal Revenue Code of 1986 (relating to electricity 

20 produced from certain renewable resources, etc.). 

21 (2) COORDINATION WITH TAX DEDUCTIONS

22 AND CREDITS.—The amount taken into account in 

23 determining a deduction or credit under the Internal 

24 Revenue Code of 1986 with respect to a renewable 


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1 energy facility shall be reduced by the amount of 

2 any award under this section. 

3 (3) BASIS.—For purposes of the Internal Rev4 enue Code of 1986, the basis of a renewable energy 

5 facility for which funds are awarded under this sec6 tion shall be reduced by the amount of such award. 

7 TITLE V—NATIONAL COMMIS8 SION ON OUTER CONTI9 NENTAL SHELF OIL SPILL 

10 PREVENTION 

11 SEC. 501. NATIONAL COMMISSION ON OUTER CONTI12 NENTAL SHELF OIL SPILL PREVENTION. 

13 (a) ESTABLISHMENT.—There is established in the 

14 Legislative branch the National Commission on Outer 

15 Continental Shelf Oil Spill Prevention (referred to in this 

16 section as the ‘‘Commission’’). 

17 (b) PURPOSES.—The purposes of the Commission 

18 are— 

19 (1) to examine and report on the facts and 

20 causes relating to the Deepwater Horizon explosion 

21 and oil spill of 2010; 

22 (2) to ascertain, evaluate, and report on the evi23 dence developed by all relevant governmental agen24 cies regarding the facts and circumstances sur25 rounding the incident; 


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1 (3) to build upon the investigations of other en2 tities, and avoid unnecessary duplication, by review3 ing the findings, conclusions, and recommendations 

4 of— 

5 (A) the Committees on Energy and Nat6 ural Resources and Commerce, Science, and 

7 Transportation of the Senate; 

8 (B) the Committee on Natural Resources 

9 and the Subcommittee on Oversight and Inves10 tigations of the House of Representatives; and 

11 (C) other Executive branch, congressional, 

12 or independent commission investigations into 

13 the Deepwater Horizon incident of 2010, other 

14 fatal oil platform accidents and major spills, 

15 and major oil spills generally; 

16 (4) to make a full and complete accounting of 

17 the circumstances surrounding the incident, and the 

18 extent of the preparedness of the United States for, 

19 and immediate response of the United States to, the 

20 incident; and 

21 (5) to investigate and report to the President 

22 and Congress findings, conclusions, and rec23 ommendations for corrective measures that may be 

24 taken to prevent similar incidents. 

25 (c) COMPOSITION OF COMMISSION.— 


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1 (1) MEMBERS.—The Commission shall be com2 posed of 10 members, of whom— 

3 (A) 1 member shall be appointed by the 

4 President, who shall serve as Chairperson of the 

5 Commission; 

6 (B) 1 member shall be appointed by the 

7 majority or minority (as the case may be) lead8 er of the Senate from the Republican Party and 

9 the majority or minority (as the case may be) 

10 leader of the House of Representatives from the 

11 Republican Party, who shall serve as Vice 

12 Chairperson of the Commission; 

13 (C) 2 members shall be appointed by the 

14 senior member of the leadership of the Senate 

15 from the Democratic Party; 

16 (D) 2 members shall be appointed by the 

17 senior member of the leadership of the House 

18 of Representatives from the Republican Party; 

19 (E) 2 members shall be appointed by the 

20 senior member of the leadership of the Senate 

21 from the Republican Party; and 

22 (F) 2 members shall be appointed by the 

23 senior member of the leadership of the House 

24 of Representatives from the Democratic Party. 

25 (2) QUALIFICATIONS; INITIAL MEETING.— 


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1 (A) POLITICAL PARTY AFFILIATION.—Not 

2 more than 5 members of the Commission shall 

3 be from the same political party. 

4 (B) NONGOVERNMENTAL APPOINTEES.— 

5 An individual appointed to the Commission may 

6 not be a current officer or employee of the Fed7 eral Government or any State or local govern8 ment. 

9 (C) OTHER QUALIFICATIONS.—It is the 

10 sense of Congress that individuals appointed to 

11 the Commission should be prominent United 

12 States citizens, with national recognition and 

13 significant depth of experience and expertise in 

14 such areas as— 

15 (i) engineering; 

16 (ii) environmental compliance; 

17 (iii) health and safety law (particu18 larly oil spill legislation); 

19 (iv) oil spill insurance policies; 

20 (v) public administration; 

21 (vi) oil and gas exploration and pro22 duction; 

23 (vii) environmental cleanup; and 

24 (viii) fisheries and wildlife manage25 ment. 


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1 (D) DEADLINE FOR APPOINTMENT.—All 

2 members of the Commission shall be appointed 

3 on or before September 15, 2010. 

4 (E) INITIAL MEETING.—The Commission 

5 shall meet and begin the operations of the Com6 mission as soon as practicable after the date of 

7 enactment of this Act. 

8 (3) QUORUM; VACANCIES.— 

9 (A) IN GENERAL.—After the initial meet10 ing of the Commission, the Commission shall 

11 meet upon the call of the Chairperson or a ma12 jority of the members of the Commission. 

13 (B) QUORUM.—6 members of the Commis14 sion shall constitute a quorum. 

15 (C) VACANCIES.—Any vacancy in the Com16 mission shall not affect the powers of the Com17 mission, but shall be filled in the same manner 

18 in which the original appointment was made. 

19 (d) FUNCTIONS OF COMMISSION.— 

20 (1) IN GENERAL.—The functions of the Com21 mission are— 

22 (A) to conduct an investigation that— 

23 (i) investigates relevant facts and cir24 cumstances relating to the Deepwater Ho25 rizon incident of April 20, 2010, and the 


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1 associated oil spill thereafter, including any 

2 relevant legislation, Executive order, regu3 lation, plan, policy, practice, or procedure; 

4 and 

5 (ii) may include relevant facts and cir6 cumstances relating to— 

7 (I) permitting agencies; 

8 (II) environmental and worker 

9 safety law enforcement agencies; 

10 (III) national energy require11 ments; 

12 (IV) deepwater and 

13 ultradeepwater oil and gas exploration 

14 and development; 

15 (V) regulatory specifications, 

16 testing, and requirements for offshore 

17 oil and gas well explosion prevention; 

18 (VI) regulatory specifications, 

19 testing, and requirements offshore oil 

20 and gas well casing and cementing 

21 regulation; 

22 (VII) the role of congressional 

23 oversight and resource allocation; and 

24 (VIII) other areas of the public 

25 and private sectors determined to be 


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1 relevant to the Deepwater Horizon in2 cident by the Commission; 

3 (B) to identify, review, and evaluate the 

4 lessons learned from the Deepwater Horizon in5 cident of April 20, 2010, regarding the struc6 ture, coordination, management policies, and 

7 procedures of the Federal Government, and, if 

8 appropriate, State and local governments and 

9 nongovernmental entities, and the private sec10 tor, relative to detecting, preventing, and re11 sponding to those incidents; and 

12 (C) to submit to the President and Con13 gress such reports as are required under this 

14 section containing such findings, conclusions, 

15 and recommendations as the Commission deter16 mines to be appropriate, including proposals for 

17 organization, coordination, planning, manage18 ment arrangements, procedures, rules, and reg19 ulations. 

20 (2) RELATIONSHIP TO INQUIRY BY CONGRES21 SIONAL COMMITTEES.—In investigating facts and 

22 circumstances relating to energy policy, the Commis23 sion shall— 

24 (A) first review the information compiled 

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1 ommendations of, the committees identified in 

2 subparagraphs (A) and (B) of subsection 

3 (b)(3); and 

4 (B) after completion of that review, pursue 

5 any appropriate area of inquiry, if the Commis6 sion determines that— 

7 (i) those committees have not inves8 tigated that area; 

9 (ii) the investigation of that area by 

10 those committees has not been completed; 

11 or 

12 (iii) new information not reviewed by 

13 the committees has become available with 

14 respect to that area. 

15 (e) POWERS OF COMMISSION.— 

16 (1) HEARINGS AND EVIDENCE.—The Commis17 sion or, on the authority of the Commission, any 

18 subcommittee or member of the Commission, may, 

19 for the purpose of carrying out this section— 

20 (A) hold such hearings, meet and act at 

21 such times and places, take such testimony, re22 ceive such evidence, and administer such oaths; 

23 and 

24 (B) require, by subpoena or otherwise, the 

25 attendance and testimony of such witnesses and 


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1 the production of such books, records, cor2 respondence, memoranda, papers, documents, 

3 tapes, and materials; 

4 as the Commission or such subcommittee or member con5 siders to be advisable. 

6 (2) SUBPOENAS.— 

7 (A) ISSUANCE.— 

8 (i) IN GENERAL.—A subpoena may be 

9 issued under this paragraph only— 

10 (I) by the agreement of the 

11 Chairperson and the Vice Chair12 person; or 

13 (II) by the affirmative vote of 6 

14 members of the Commission. 

15 (ii) SIGNATURE.—Subject to clause 

16 (i), a subpoena issued under this para17 graph— 

18 (I) shall bear the signature of the 

19 Chairperson or any member des20 ignated by a majority of the Commis21 sion; 

22 (II) and may be served by any 

23 person or class of persons designated 

24 by the Chairperson or by a member 


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1 designated by a majority of the Com2 mission for that purpose. 

3 (B) ENFORCEMENT.— 

4 (i) IN GENERAL.—In the case of con5 tumacy or failure to obey a subpoena 

6 issued under subparagraph (A), the United 

7 States district court for the district in 

8 which the subpoenaed person resides, is 

9 served, or may be found, or where the sub10 poena is returnable, may issue an order re11 quiring the person to appear at any des12 ignated place to testify or to produce docu13 mentary or other evidence. 

14 (ii) JUDICIAL ACTION FOR NON15 COMPLIANCE.—Any failure to obey the 

16 order of the court may be punished by the 

17 court as a contempt of that court. 

18 (iii) ADDITIONAL ENFORCEMENT.—In 

19 the case of any failure of any witness to 

20 comply with any subpoena or to testify 

21 when summoned under authority of this 

22 subsection, the Commission may, by major23 ity vote, certify a statement of fact consti24 tuting such failure to the appropriate 

25 United States attorney, who may bring the 


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1 matter before the grand jury for action, 

2 under the same statutory authority and 

3 procedures as if the United States attorney 

4 had received a certification under sections 

5 102 through 104 of the Revised Statutes 

6 (2 U.S.C. 192 through 194). 

7 (3) CONTRACTING.—The Commission may, to 

8 such extent and in such amounts as are provided in 

9 appropriation Acts, enter into contracts to enable 

10 the Commission to discharge the duties of the Com11 mission under this section. 

12 (4) INFORMATION FROM FEDERAL AGENCIES.— 

13 (A) IN GENERAL.—The Commission may 

14 secure directly from any Executive department, 

15 bureau, agency, board, commission, office, inde16 pendent establishment, or instrumentality of the 

17 Federal Government, information, suggestions, 

18 estimates, and statistics for the purposes of this 

19 section. 

20 (B) COOPERATION.—Each Federal depart21 ment, bureau, agency, board, commission, of22 fice, independent establishment, or instrumen23 tality shall, to the extent authorized by law, fur24 nish information, suggestions, estimates, and 

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1 quest made by the Chairperson, the Chair2 person of any subcommittee created by a major3 ity of the Commission, or any member des4 ignated by a majority of the Commission. 

5 (C) RECEIPT, HANDLING, STORAGE, AND

6 DISSEMINATION.—Information shall be received, 

7 handled, stored, and disseminated only by mem8 bers of the Commission and the staff of the 

9 Commission in accordance with all applicable 

10 laws (including regulations and Executive or11 ders). 

12 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

13 (A) GENERAL SERVICES ADMINISTRA14 TION.—The Administrator of General Services 

15 shall provide to the Commission on a reimburs16 able basis administrative support and other 

17 services for the performance of the functions of 

18 the Commission. 

19 (B) OTHER DEPARTMENTS AND AGEN20 CIES.—In addition to the assistance prescribed 

21 in subparagraph (A), departments and agencies 

22 of the United States may provide to the Com23 mission such services, funds, facilities, staff, 

24 and other support services as are determined to 

25 be advisable and authorized by law. 


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1 (6) GIFTS.—The Commission may accept, use, 

2 and dispose of gifts or donations of services or prop3 erty, including travel, for the direct advancement of 

4 the functions of the Commission. 

5 (7) POSTAL SERVICES.—The Commission may 

6 use the United States mails in the same manner and 

7 under the same conditions as departments and agen8 cies of the United States. 

9 (f) PUBLIC MEETINGS AND HEARINGS.— 

10 (1) PUBLIC MEETINGS AND RELEASE OF PUB11 LIC VERSIONS OF REPORTS.—The Commission 

12 shall— 

13 (A) hold public hearings and meetings, to 

14 the extent appropriate; and 

15 (B) release public versions of the reports 

16 required under paragraphs (1) and (2) of sub17 section (j). 

18 (2) PUBLIC HEARINGS.—Any public hearings of 

19 the Commission shall be conducted in a manner con20 sistent with the protection of proprietary or sensitive 

21 information provided to or developed for or by the 

22 Commission as required by any applicable law (in23 cluding a regulation or Executive order). 

24 (g) STAFF OF COMMISSION.— 

25 (1) IN GENERAL.— 


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1 (A) APPOINTMENT AND COMPENSATION.— 

2 (i) IN GENERAL.—The Chairperson, 

3 in consultation with the Vice Chairperson 

4 and in accordance with rules agreed upon 

5 by the Commission, may, without regard to 

6 the civil service laws (including regula7 tions), appoint and fix the compensation of 

8 a staff director and such other personnel 

9 as are necessary to enable the Commission 

10 to carry out the functions of the Commis11 sion. 

12 (ii) MAXIMUM RATE OF PAY.—No rate 

13 of pay fixed under this subparagraph may 

14 exceed the equivalent of that payable for a 

15 position at level V of the Executive Sched16 ule under section 5316 of title 5, United 

17 States Code. 

18 (B) PERSONNEL AS FEDERAL EMPLOY19 EES.— 

20 (i) IN GENERAL.—The staff director 

21 and any personnel of the Commission who 

22 are employees shall be considered to be 

23 employees under section 2105 of title 5, 

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1 ters 63, 81, 83, 84, 85, 87, 89, and 90 of 

2 that title. 

3 (ii) MEMBERS OF COMMISSION.— 

4 Clause (i) shall not apply to members of 

5 the Commission. 

6 (2) DETAILEES.— 

7 (A) IN GENERAL.—An employee of the 

8 Federal Government may be detailed to the 

9 Commission without reimbursement. 

10 (B) CIVIL SERVICE STATUS.—The detail of 

11 the employee shall be without interruption or 

12 loss of civil service status or privilege. 

13 (3) PROCUREMENT OF TEMPORARY AND INTER14 MITTENT SERVICES.—The Chairperson of the Com15 mission may procure temporary and intermittent 

16 services in accordance with section 3109(b) of title 

17 5, United States Code, at rates for individuals that 

18 do not exceed the daily equivalent of the annual rate 

19 of basic pay prescribed for level V of the Executive 

20 Schedule under section 5316 of that title. 

21 (h) COMPENSATION AND TRAVEL EXPENSES.— 

22 (1) COMPENSATION OF MEMBERS.— 

23 (A) NON-FEDERAL EMPLOYEES.—A mem24 ber of the Commission who is not an officer or 

25 employee of the Federal Government shall be 


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1 compensated at a rate equal to the daily equiva2 lent of the annual rate of basic pay prescribed 

3 for level IV of the Executive Schedule under 

4 section 5315 of title 5, United States Code, for 

5 each day (including travel time) during which 

6 the member is engaged in the performance of 

7 the duties of the Commission. 

8 (B) FEDERAL EMPLOYEES.—A member of 

9 the Commission who is an officer or employee 

10 of the Federal Government shall serve without 

11 compensation in addition to the compensation 

12 received for the services of the member as an 

13 officer or employee of the Federal Government. 

14 (2) TRAVEL EXPENSES.—A member of the 

15 Commission shall be allowed travel expenses, includ16 ing per diem in lieu of subsistence, at rates author17 ized for an employee of an agency under subchapter 

18 I of chapter 57 of title 5, United States Code, while 

19 away from the home or regular place of business of 

20 the member in the performance of the duties of the 

21 Commission. 

22 (i) SECURITY CLEARANCES FOR COMMISSION MEM23 BERS AND STAFF.— 

24 (1) IN GENERAL.—Subject to paragraph (2), 

25 the appropriate Federal agencies or departments 


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1 shall cooperate with the Commission in expeditiously 

2 providing to the members and staff of the Commis3 sion appropriate security clearances, to the max4 imum extent practicable, pursuant to existing proce5 dures and requirements. 

6 (2) PROPRIETARY INFORMATION.—No person 

7 shall be provided with access to proprietary informa8 tion under this section without the appropriate secu9 rity clearances. 

10 (j) REPORTS OF COMMISSION; ADJOURNMENT.— 

11 (1) INTERIM REPORTS.—The Commission may 

12 submit to the President and Congress interim re13 ports containing such findings, conclusions, and rec14 ommendations for corrective measures as have been 

15 agreed to by a majority of members of the Commis16 sion. 

17 (2) FINAL REPORT.—Not later than 180 days 

18 after the date of the enactment of this Act, the 

19 Commission shall submit to the President and Con20 gress a final report containing such findings, conclu21 sions, and recommendations for corrective measures 

22 as have been agreed to by a majority of members of 

23 the Commission. 

24 (3) TEMPORARY ADJOURNMENT.— 


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1 (A) IN GENERAL.—The Commission, and 

2 all the authority provided under this section, 

3 shall adjourn and be suspended, respectively, on 

4 the date that is 60 days after the date on which 

5 the final report is submitted under paragraph 

6 (2). 

7 (B) ADMINISTRATIVE ACTIVITIES BEFORE

8 TERMINATION.—The Commission may use the 

9 60-day period referred to in subparagraph (A) 

10 for the purpose of concluding activities of the 

11 Commission, including— 

12 (i) providing testimony to committees 

13 of Congress concerning reports of the 

14 Commission; and 

15 (ii) disseminating the final report sub16 mitted under paragraph (2). 

17 (C) RECONVENING OF COMMISSION.—The 

18 Commission shall stand adjourned until such 

19 time as the President or the Secretary of 

20 Homeland Security declares an oil spill of na21 tional significance to have occurred, at which 

22 time— 

23 (i) the Commission shall reconvene in 

24 accordance with subsection (c)(3); and 


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1 (ii) the authority of the Commission 

2 under this section shall be of full force and 

3 effect. 

4 (k) FUNDING.— 

5 (1) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated to carry out 

7 this section— 

8 (A) $10,000,000 for the first fiscal year in 

9 which the Commission convenes; and 

10 (B) $3,000,000 for each fiscal year there11 after in which the Commission convenes. 

12 (2) AVAILABILITY.—Amounts made available to 

13 carry out this section shall be available— 

14 (A) for transfer to the Commission for use 

15 in carrying out the functions and activities of 

16 the Commission under this section; and 

17 (B) until the date on which the Commis18 sion adjourns for the fiscal year under sub19 section (j)(3). 

20 (l) NONAPPLICABILITY OF FEDERAL ADVISORY COM21 MITTEE ACT.—The Federal Advisory Committee Act (5 

22 U.S.C. App.) shall not apply to the Commission. 

Æ 


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