II 

110TH CONGRESS 

2D SESSION S. 3222 

To promote the energy security of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2008 

Mr. THUNE introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To promote the energy security of the United States, and 

for other purposes. 

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 the 

5 ‘‘Energy Transition Act of 2008’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—TRADITIONAL RESOURCES 

Subtitle A—Outer Continental Shelf 

Sec. 101. Publication of projected State lines on outer Continental Shelf. 

Sec. 102. Production of oil and natural gas in new producing areas. 


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Sec. 103. Conforming amendment. 

Subtitle B—Leasing Program for Land Within Coastal Plain 

Sec. 111. Definitions. 

Sec. 112. Leasing program for land within the Coastal Plain. 

Sec. 113. Lease sales. 

Sec. 114. Grant of leases by the Secretary. 

Sec. 115. Lease terms and conditions. 

Sec. 116. Coastal Plain environmental protection. 

Sec. 117. Expedited judicial review. 

Sec. 118. Rights-of-way and easements across Coastal Plain. 

Sec. 119. Conveyance. 

Sec. 120. Local government impact aid and community service assistance. 

Sec. 121. Prohibition on exports. 

Sec. 122. Allocation of revenues. 

Subtitle C—Permitting 

Sec. 131. Refinery permitting process. 

Sec. 132. Removal of additional fee for new applications for permits to drill. 

TITLE II—ALTERNATIVE RESOURCES 

Subtitle A—Renewable Fuel and Advanced Energy Technology 

Sec. 201. Definition of renewable biomass. 

Sec. 202. Repeal of waiver for fuel or fuel additives. 

Subtitle B—Clean Coal-Derived Fuels for Energy Security 

Sec. 211. Short title. 

Sec. 212. Definitions. 

Sec. 213. Clean coal-derived fuel program. 

Subtitle C—Oil Shale 

Sec. 221. Removal of prohibition on final regulations for commercial leasing 

program for oil shale resources on public land. 

Subtitle D—United States Geological Survey 

Sec. 231. Funding for United States Geological Survey. 

TITLE III—ENERGY INDEPENDENCE FUND 

Sec. 301. Establishment. 

Sec. 302. Energy security initiative. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Energy. 


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1 TITLE I—TRADITIONAL 

2 RESOURCES 

3 Subtitle A—Outer Continental 

4 Shelf 

5 SEC. 101. PUBLICATION OF PROJECTED STATE LINES ON 

6 OUTER CONTINENTAL SHELF. 

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

8 Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended— 

9 (1) by designating the first, second, and third 

10 sentences as clause (i), (iii), and (iv), respectively; 

11 (2) in clause (i) (as so designated), by inserting 

12 before the period at the end the following: ‘‘not later 

13 than 90 days after the date of enactment of the En14 ergy Transition Act of 2008’’; and 

15 (3) by inserting after clause (i) (as so des16 ignated) the following: 

17 ‘‘(ii)(I) The projected lines shall also be used for the 

18 purpose of preleasing and leasing activities conducted in 

19 new producing areas under section 32. 

20 ‘‘(II) This clause shall not affect any property right 

21 or title to Federal submerged land on the outer Conti22 nental Shelf. 

23 ‘‘(III) In carrying out this clause, the President shall 

24 consider the offshore administrative boundaries beyond 

25 State submerged lands for planning, coordination, and adVerDate Aug 31 2005 02:34 Jul 02, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3222.IS S3222

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1 ministrative purposes of the Department of the Interior, 

2 but may establish different boundaries.’’. 

3 SEC. 102. PRODUCTION OF OIL AND NATURAL GAS IN NEW 

4 PRODUCING AREAS. 

5 The Outer Continental Shelf Lands Act (43 U.S.C. 

6 1331 et seq.) is amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 32. PRODUCTION OF OIL AND NATURAL GAS IN NEW 

9 PRODUCING AREAS. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) COASTAL POLITICAL SUBDIVISION.—The 

12 term ‘coastal political subdivision’ means a political 

13 subdivision of a new producing State any part of 

14 which political subdivision is— 

15 ‘‘(A) within the coastal zone (as defined in 

16 section 304 of the Coastal Zone Management 

17 Act of 1972 (16 U.S.C. 1453)) of the new pro18 ducing State as of the date of enactment of this 

19 section; and 

20 ‘‘(B) not more than 200 nautical miles 

21 from the geographic center of any leased tract. 

22 ‘‘(2) MORATORIUM AREA.—The term ‘morato23 rium area’ means an area covered by sections 104 

24 through 105 of the Department of the Interior, En25 vironment, and Related Agencies Appropriations 


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1 Act, 2008 (Public Law 110–161; 121 Stat. 2118) 

2 (as in effect on the day before the date of enactment 

3 of this section). 

4 ‘‘(3) NEW PRODUCING AREA.—The term ‘new 

5 producing area’ means any moratorium area within 

6 the offshore administrative boundaries beyond the 

7 submerged land of a State that is located greater 

8 than 50 miles from the coastline of the State. 

9 ‘‘(4) NEW PRODUCING STATE.—The term ‘new 

10 producing State’ means a State that has, within the 

11 offshore administrative boundaries beyond the sub12 merged land of the State, a new producing area 

13 available for oil and gas leasing under subsection 

14 (b). 

15 ‘‘(5) OFFSHORE ADMINISTRATIVE BOUND16 ARIES.—The term ‘offshore administrative bound17 aries’ means the administrative boundaries estab18 lished by the Secretary beyond State submerged land 

19 for planning, coordination, and administrative pur20 poses of the Department of the Interior and pub21 lished in the Federal Register on January 3, 2006 

22 (71 Fed. Reg. 127). 

23 ‘‘(6) QUALIFIED OUTER CONTINENTAL SHELF

24 REVENUES.— 


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1 ‘‘(A) IN GENERAL.—The term ‘qualified 

2 outer Continental Shelf revenues’ means all 

3 rentals, royalties, bonus bids, and other sums 

4 due and payable to the United States from 

5 leases entered into on or after the date of en6 actment of this section for new producing areas. 

7 ‘‘(B) EXCLUSIONS.—The term ‘qualified 

8 outer Continental Shelf revenues’ does not in9 clude— 

10 ‘‘(i) revenues from a bond or other 

11 surety forfeited for obligations other than 

12 the collection of royalties; 

13 ‘‘(ii) revenues from civil penalties; 

14 ‘‘(iii) royalties taken by the Secretary 

15 in-kind and not sold; 

16 ‘‘(iv) revenues generated from leases 

17 subject to section 8(g); or 

18 ‘‘(v) any revenues considered qualified 

19 outer Continental Shelf revenues under 

20 section 102 of the Gulf of Mexico Energy 

21 Security Act of 2006 (43 U.S.C. 1331 

22 note; Public Law 109–432). 

23 ‘‘(b) PETITION FOR LEASING NEW PRODUCING

24 AREAS.— 


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1 ‘‘(1) IN GENERAL.—Beginning on the date on 

2 which the President delineates projected State lines 

3 under section 4(a)(2)(A)(ii), the Governor of a State 

4 with a new producing area within the offshore ad5 ministrative boundaries beyond the submerged land 

6 of the State may submit to the Secretary a petition 

7 requesting that the Secretary make the new pro8 ducing area available for oil and gas leasing. 

9 ‘‘(2) ACTION BY SECRETARY.—Notwithstanding 

10 section 18, as soon as practicable after receipt of a 

11 petition under paragraph (1), the Secretary shall ap12 prove the petition if the Secretary determines that 

13 leasing the new producing area would not create an 

14 unreasonable risk of harm to the marine, human, or 

15 coastal environment. 

16 ‘‘(c) DISPOSITION OF QUALIFIED OUTER CONTI17 NENTAL SHELF REVENUES FROM NEW PRODUCING

18 AREAS.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding section 9 

20 and subject to the other provisions of this sub21 section, for each applicable fiscal year, the Secretary 

22 of the Treasury shall deposit— 

23 ‘‘(A) 50 percent of qualified outer Conti24 nental Shelf revenues in the Energy IndependVerDate Aug 31 2005 02:34 Jul 02, 2008 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3222.IS S3222

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1 ence Fund established under section 301 of the 

2 Energy Transition Act of 2008; and 

3 ‘‘(B) 50 percent of qualified outer Conti4 nental Shelf revenues in a special account in 

5 the Treasury from which the Secretary shall 

6 disburse— 

7 ‘‘(i) 75 percent to new producing 

8 States in accordance with paragraph (2); 

9 and 

10 ‘‘(ii) 25 percent to provide financial 

11 assistance to States in accordance with 

12 section 6 of the Land and Water Conserva13 tion Fund Act of 1965 (16 U.S.C. 460l– 

14 8), which shall be considered income to the 

15 Land and Water Conservation Fund for 

16 purposes of section 2 of that Act (16 

17 U.S.C. 460l–5). 

18 ‘‘(2) ALLOCATION TO NEW PRODUCING STATES

19 AND COASTAL POLITICAL SUBDIVISIONS.— 

20 ‘‘(A) ALLOCATION TO NEW PRODUCING

21 STATES.—Effective for fiscal year 2008 and 

22 each fiscal year thereafter, the amount made 

23 available under paragraph (1)(B)(i) shall be al24 located to each new producing State in amounts 

25 (based on a formula established by the SecVerDate Aug 31 2005 02:34 Jul 02, 2008 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3222.IS S3222

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1 retary by regulation) proportional to the 

2 amount of qualified outer Continental Shelf rev3 enues generated in the new producing area off4 shore each State. 

5 ‘‘(B) PAYMENTS TO COASTAL POLITICAL

6 SUBDIVISIONS.— 

7 ‘‘(i) IN GENERAL.—The Secretary 

8 shall pay 20 percent of the allocable share 

9 of each new producing State, as deter10 mined under subparagraph (A), to the 

11 coastal political subdivisions of the new 

12 producing State. 

13 ‘‘(ii) ALLOCATION.—The amount paid 

14 by the Secretary to coastal political sub15 divisions shall be allocated to each coastal 

16 political subdivision in accordance with 

17 subparagraphs (B) and (C) of section 

18 31(b)(4). 

19 ‘‘(3) MINIMUM ALLOCATION.—The amount allo20 cated to a new producing State for each fiscal year 

21 under paragraph (2) shall be at least 5 percent of 

22 the amounts available under for the fiscal year 

23 under paragraph (1)(B)(i). 

24 ‘‘(4) TIMING.—The amounts required to be de25 posited under subparagraph (B) of paragraph (1) 


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1 for the applicable fiscal year shall be made available 

2 in accordance with that subparagraph during the fis3 cal year immediately following the applicable fiscal 

4 year. 

5 ‘‘(5) AUTHORIZED USES.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), each new producing State and coast8 al political subdivision shall use all amounts re9 ceived under paragraph (2) in accordance with 

10 all applicable Federal and State laws, only for 

11 1 or more of the following purposes: 

12 ‘‘(i) Projects and activities for the 

13 purposes of coastal protection, including 

14 conservation, coastal restoration, hurricane 

15 protection, and infrastructure directly af16 fected by coastal wetland losses. 

17 ‘‘(ii) Mitigation of damage to fish, 

18 wildlife, or natural resources. 

19 ‘‘(iii) Implementation of a federally 

20 approved marine, coastal, or comprehensive 

21 conservation management plan. 

22 ‘‘(iv) Mitigation of the impact of outer 

23 Continental Shelf activities through the 

24 funding of onshore infrastructure projects. 


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1 ‘‘(v) Planning assistance and the ad2 ministrative costs of complying with this 

3 section. 

4 ‘‘(B) LIMITATION.—Not more than 3 per5 cent of amounts received by a new producing 

6 State or coastal political subdivision under 

7 paragraph (2) may be used for the purposes de8 scribed in subparagraph (A)(v). 

9 ‘‘(6) ADMINISTRATION.—Amounts made avail10 able under paragraph (1)(B) shall— 

11 ‘‘(A) be made available, without further 

12 appropriation, in accordance with this sub13 section; 

14 ‘‘(B) remain available until expended; and 

15 ‘‘(C) be in addition to any amounts appro16 priated under— 

17 ‘‘(i) other provisions of this Act; 

18 ‘‘(ii) the Land and Water Conserva19 tion Fund Act of 1965 (16 U.S.C. 460l– 

20 4 et seq.); or 

21 ‘‘(iii) any other provision of law. 

22 ‘‘(d) DISPOSITION OF QUALIFIED OUTER CONTI23 NENTAL SHELF REVENUES FROM OTHER AREAS.—Not24 withstanding section 9, for each applicable fiscal year, the 

25 terms and conditions of subsection (c) shall apply to the 


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1 disposition of qualified outer Continental Shelf revenues 

2 that— 

3 ‘‘(1) are derived from oil or gas leasing in an 

4 area that is not included in the current 5-year plan 

5 of the Secretary for oil or gas leasing; and 

6 ‘‘(2) are not assumed in the budget of the 

7 United States Government submitted by the Presi8 dent under section 1105 of title 31, United States 

9 Code.’’. 

10 SEC. 103. CONFORMING AMENDMENT. 

11 Sections 104 through 105 of the Department of the 

12 Interior, Environment, and Related Agencies Appropria13 tions Act, 2008 (Public Law 110–161; 121 Stat. 2118) 

14 are repealed. 

15 Subtitle B—Leasing Program for 

16 Land Within Coastal Plain 

17 SEC. 111. DEFINITIONS. 

18 In this subtitle: 

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

20 Plain’’ means that area identified as the ‘‘1002 

21 Coastal Plain Area’’ on the map. 

22 (2) FEDERAL AGREEMENT.—The term ‘‘Fed23 eral Agreement’’ means the Federal Agreement and 

24 Grant Right-of-Way for the Trans-Alaska Pipeline 

25 issued on January 23, 1974, in accordance with secVerDate Aug 31 2005 02:34 Jul 02, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3222.IS S3222

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1 tion 28 of the Mineral Leasing Act (30 U.S.C. 185) 

2 and the Trans-Alaska Pipeline Authorization Act 

3 (43 U.S.C. 1651 et seq.). 

4 (3) FINAL STATEMENT.—The term ‘‘Final 

5 Statement’’ means the final legislative environmental 

6 impact statement on the Coastal Plain, dated April 

7 1987, and prepared pursuant to section 1002 of the 

8 Alaska National Interest Lands Conservation Act 

9 (16 U.S.C. 3142) and section 102(2)(C) of the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 

11 4332(2)(C)). 

12 (4) MAP.—The term ‘‘map’’ means the map en13 titled ‘‘Arctic National Wildlife Refuge’’, dated Sep14 tember 2005, and prepared by the United States Ge15 ological Survey. 

16 (5) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior (or the designee of the 

18 Secretary), acting through the Director of the Bu19 reau of Land Management in consultation with the 

20 Director of the United States Fish and Wildlife 

21 Service and in coordination with a State coordinator 

22 appointed by the Governor of the State of Alaska. 

23 SEC. 112. LEASING PROGRAM FOR LAND WITHIN THE 

24 COASTAL PLAIN. 

25 (a) IN GENERAL.— 


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1 (1) AUTHORIZATION.—Congress authorizes the 

2 exploration, leasing, development, production, and 

3 economically feasible and prudent transportation of 

4 oil and gas in and from the Coastal Plain. 

5 (2) ACTIONS.—The Secretary shall take such 

6 actions as are necessary— 

7 (A) to establish and implement, in accord8 ance with this subtitle, a competitive oil and 

9 gas leasing program that will result in an envi10 ronmentally sound program for the exploration, 

11 development, and production of the oil and gas 

12 resources of the Coastal Plain while taking into 

13 consideration the interests and concerns of resi14 dents of the Coastal Plain, which is the home15 land of the Kaktovikmiut Inupiat; and 

16 (B) to administer this subtitle through reg17 ulations, lease terms, conditions, restrictions, 

18 prohibitions, stipulations, and other provisions 

19 that— 

20 (i) ensure the oil and gas exploration, 

21 development, and production activities on 

22 the Coastal Plain will result in no signifi23 cant adverse effect on fish and wildlife, 

24 their habitat, subsistence resources, and 

25 the environment; and 


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1 (ii) require the application of the best 

2 commercially available technology for oil 

3 and gas exploration, development, and pro4 duction to all exploration, development, 

5 and production operations under this sub6 title in a manner that ensures the receipt 

7 of fair market value by the public for the 

8 mineral resources to be leased. 

9 (b) REPEAL.— 

10 (1) REPEAL.—Section 1003 of the Alaska Na11 tional Interest Lands Conservation Act (16 U.S.C. 

12 3143) is repealed. 

13 (2) CONFORMING AMENDMENT.—The table of 

14 contents contained in section 1 of that Act (16 

15 U.S.C. 3101 note) is amended by striking the item 

16 relating to section 1003. 

17 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER18 TAIN OTHER LAWS.— 

19 (1) COMPATIBILITY.—For purposes of the Na20 tional Wildlife Refuge System Administration Act of 

21 1966 (16 U.S.C. 668dd et seq.)— 

22 (A) the oil and gas pre-leasing and leasing 

23 program, and activities authorized by this sec24 tion in the Coastal Plain, shall be considered to 

25 be compatible with the purposes for which the 


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1 Arctic National Wildlife Refuge was established; 

2 and 

3 (B) no further findings or decisions shall 

4 be required to implement that program and 

5 those activities. 

6 (2) ADEQUACY OF THE DEPARTMENT OF THE

7 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

8 STATEMENT.—The Final Statement shall be consid9 ered to satisfy the requirements under the National 

10 Environmental Policy Act of 1969 (42 U.S.C. 4321 

11 et seq.) that apply with respect to pre-leasing activi12 ties, including exploration programs and actions au13 thorized to be taken by the Secretary to develop and 

14 promulgate the regulations for the establishment of 

15 a leasing program authorized by this subtitle before 

16 the conduct of the first lease sale. 

17 (3) COMPLIANCE WITH NEPA FOR OTHER AC18 TIONS.— 

19 (A) IN GENERAL.—Before conducting the 

20 first lease sale under this subtitle, the Secretary 

21 shall prepare an environmental impact state22 ment in accordance with the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et 

24 seq.) with respect to the actions authorized by 


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1 this subtitle that are not referred to in para2 graph (2). 

3 (B) IDENTIFICATION AND ANALYSIS.— 

4 Notwithstanding any other provision of law, in 

5 carrying out this paragraph, the Secretary shall 

6 not be required— 

7 (i) to identify nonleasing alternative 

8 courses of action; or 

9 (ii) to analyze the environmental ef10 fects of those courses of action. 

11 (C) IDENTIFICATION OF PREFERRED AC12 TION.—Not later than 18 months after the date 

13 of enactment of this Act, the Secretary shall— 

14 (i) identify only a preferred action and 

15 a single leasing alternative for the first 

16 lease sale authorized under this subtitle; 

17 and 

18 (ii) analyze the environmental effects 

19 and potential mitigation measures for 

20 those 2 alternatives. 

21 (D) PUBLIC COMMENTS.—In carrying out 

22 this paragraph, the Secretary shall consider 

23 only public comments that are filed not later 

24 than 20 days after the date of publication of a 

25 draft environmental impact statement. 


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1 (E) EFFECT OF COMPLIANCE.—Notwith2 standing any other provision of law, compliance 

3 with this paragraph shall be considered to sat4 isfy all requirements for the analysis and con5 sideration of the environmental effects of pro6 posed leasing under this subtitle. 

7 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR8 ITY.—Nothing in this subtitle expands or limits any State 

9 or local regulatory authority. 

10 (e) SPECIAL AREAS.— 

11 (1) DESIGNATION.— 

12 (A) IN GENERAL.—The Secretary, after 

13 consultation with the State of Alaska, the 

14 North Slope Borough, Alaska, and the City of 

15 Kaktovik, Alaska, may designate not more than 

16 45,000 acres of the Coastal Plain as a special 

17 area if the Secretary determines that the special 

18 area would be of such unique character and in19 terest as to require special management and 

20 regulatory protection. 

21 (B) SADLEROCHIT SPRING AREA.—The 

22 Secretary shall designate as a special area in 

23 accordance with subparagraph (A) the 

24 Sadlerochit Spring area, comprising approxi25 mately 4,000 acres as depicted on the map. 


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1 (2) MANAGEMENT.—The Secretary shall man2 age each special area designated under this sub3 section in a manner that— 

4 (A) respects and protects the Native people 

5 of the area; and 

6 (B) preserves the unique and diverse char7 acter of the area, including fish, wildlife, sub8 sistence resources, and cultural values of the 

9 area. 

10 (3) EXCLUSION FROM LEASING OR SURFACE

11 OCCUPANCY.— 

12 (A) IN GENERAL.—The Secretary may ex13 clude any special area designated under this 

14 subsection from leasing. 

15 (B) NO SURFACE OCCUPANCY.—If the Sec16 retary leases all or a portion of a special area 

17 for the purposes of oil and gas exploration, de18 velopment, production, and related activities, 

19 there shall be no surface occupancy of the land 

20 comprising the special area. 

21 (4) DIRECTIONAL DRILLING.—Notwithstanding 

22 any other provision of this subsection, the Secretary 

23 may lease all or a portion of a special area under 

24 terms that permit the use of horizontal drilling techVerDate Aug 31 2005 02:34 Jul 02, 2008 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3222.IS S3222

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1 nology from sites on leases located outside the spe2 cial area. 

3 (f) LIMITATION ON CLOSED AREAS.—The Secretary 

4 may not close land within the Coastal Plain to oil and gas 

5 leasing or to exploration, development, or production ex6 cept in accordance with this subtitle. 

7 (g) REGULATIONS.— 

8 (1) IN GENERAL.—Not later than 15 months 

9 after the date of enactment of this Act, in consulta10 tion with appropriate agencies of the State of Alas11 ka, the North Slope Borough, Alaska, and the City 

12 of Kaktovik, Alaska, the Secretary shall issue such 

13 regulations as are necessary to carry out this sub14 title, including rules and regulations relating to pro15 tection of the fish and wildlife, fish and wildlife habi16 tat, and subsistence resources of the Coastal Plain. 

17 (2) REVISION OF REGULATIONS.—The Sec18 retary may periodically review and, as appropriate, 

19 revise the rules and regulations issued under para20 graph (1) to reflect any significant scientific or engi21 neering data that come to the attention of the Sec22 retary. 

23 SEC. 113. LEASE SALES. 

24 (a) IN GENERAL.—Land may be leased pursuant to 

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


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

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

3 (b) PROCEDURES.—The Secretary shall, by regula4 tion, establish procedures for— 

5 (1) receipt and consideration of sealed nomina6 tions for any area in the Coastal Plain for inclusion 

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

8 a lease sale; 

9 (2) the holding of lease sales after that nomina10 tion process; and 

11 (3) public notice of and comment on designa12 tion of areas to be included in, or excluded from, a 

13 lease sale. 

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

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

16 (d) ACREAGE MINIMUM IN FIRST SALE.—For the 

17 first lease sale under this subtitle, the Secretary shall offer 

18 for lease those tracts the Secretary considers to have the 

19 greatest potential for the discovery of hydrocarbons, tak20 ing into consideration nominations received pursuant to 

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

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

23 shall— 


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1 (1) not later than 22 months after the date of 

2 enactment of this Act, conduct the first lease sale 

3 under this subtitle; 

4 (2) not later than September 30, 2012, conduct 

5 a second lease sale under this subtitle; and 

6 (3) conduct additional sales at appropriate in7 tervals if sufficient interest in exploration or devel8 opment exists to warrant the conduct of the addi9 tional sales. 

10 SEC. 114. GRANT OF LEASES BY THE SECRETARY. 

11 (a) IN GENERAL.—Upon payment by a lessee of such 

12 bonus as may be accepted by the Secretary, the Secretary 

13 may grant to the highest responsible qualified bidder in 

14 a lease sale conducted pursuant to section 113 a lease for 

15 any land on the Coastal Plain. 

16 (b) SUBSEQUENT TRANSFERS.— 

17 (1) IN GENERAL.—No lease issued under this 

18 subtitle may be sold, exchanged, assigned, sublet, or 

19 otherwise transferred except with the approval of the 

20 Secretary. 

21 (2) CONDITION FOR APPROVAL.—Before grant22 ing any approval described in paragraph (1), the 

23 Secretary shall consult with and give due consider24 ation to the opinion of the Attorney General. 


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1 SEC. 115. LEASE TERMS AND CONDITIONS. 

2 (a) IN GENERAL.—An oil or gas lease issued pursu3 ant to this subtitle shall— 

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

less than 161 5 ⁄2 percent of the amount or value of the 

6 production removed or sold from the lease, as deter7 mined by the Secretary in accordance with regula8 tions applicable to other Federal oil and gas leases; 

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

10 seasonal basis, such portions of the Coastal Plain to 

11 exploratory drilling activities as are necessary to 

12 protect caribou calving areas and other species of 

13 fish and wildlife; 

14 (3) require that each lessee of land within the 

15 Coastal Plain shall be fully responsible and liable for 

16 the reclamation of land within the Coastal Plain and 

17 any other Federal land that is adversely affected in 

18 connection with exploration, development, produc19 tion, or transportation activities within the Coastal 

20 Plain conducted by the lessee or by any of the sub21 contractors or agents of the lessee; 

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

23 convey, by contract or otherwise, that reclamation 

24 responsibility and liability to another person without 

25 the express written approval of the Secretary; 


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1 (5) provide that the standard of reclamation for 

2 land required to be reclaimed under this subtitle 

3 shall be, to the maximum extent practicable— 

4 (A) a condition capable of supporting the 

5 uses that the land was capable of supporting 

6 prior to any exploration, development, or pro7 duction activities; or 

8 (B) upon application by the lessee, to a 

9 higher or better standard, as approved by the 

10 Secretary; 

11 (6) contain terms and conditions relating to 

12 protection of fish and wildlife, fish and wildlife habi13 tat, subsistence resources, and the environment as 

14 required under section 112(a)(2); 

15 (7) provide that each lessee, and each agent 

16 and contractor of a lessee, use their best efforts to 

17 provide a fair share of employment and contracting 

18 for Alaska Natives and Alaska Native Corporations 

19 from throughout the State of Alaska, as determined 

20 by the level of obligation previously agreed to in the 

21 Federal Agreement; and 

22 (8) contain such other provisions as the Sec23 retary determines to be necessary to ensure compli24 ance with this subtitle and regulations issued under 

25 this subtitle. 


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

2 as a term and condition of each lease under this subtitle, 

3 and in recognizing the proprietary interest of the Federal 

4 Government in labor stability and in the ability of con5 struction labor and management to meet the particular 

6 needs and conditions of projects to be developed under the 

7 leases issued pursuant to this subtitle (including the spe8 cial concerns of the parties to those leases), shall require 

9 that each lessee, and each agent and contractor of a lessee, 

10 under this subtitle negotiate to obtain a project labor 

11 agreement for the employment of laborers and mechanics 

12 on production, maintenance, and construction under the 

13 lease. 

14 SEC. 116. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

15 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

16 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

17 In accordance with section 112, the Secretary shall admin18 ister this subtitle through regulations, lease terms, condi19 tions, restrictions, prohibitions, stipulations, or other pro20 visions that— 

21 (1) ensure, to the maximum extent practicable, 

22 that oil and gas exploration, development, and pro23 duction activities on the Coastal Plain will result in 

24 no significant adverse effect on fish and wildlife, fish 

25 and wildlife habitat, and the environment; 


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1 (2) require the application of the best commer2 cially available technology for oil and gas explo3 ration, development, and production on all new ex4 ploration, development, and production operations; 

5 and 

6 (3) ensure that the maximum surface acreage 

7 covered in connection with the leasing program by 

8 production and support facilities, including airstrips 

9 and any areas covered by gravel berms or piers for 

10 support of pipelines, does not exceed 2,000 acres on 

11 the Coastal Plain. 

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

13 The Secretary shall require, with respect to any proposed 

14 drilling and related activities on the Coastal Plain, that— 

15 (1) a site-specific environmental analysis be 

16 made of the probable effects, if any, that the drilling 

17 or related activities will have on fish and wildlife, 

18 fish and wildlife habitat, subsistence resources, sub19 sistence uses, and the environment; 

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

21 and mitigate (in that order and to the maximum ex22 tent practicable) any significant adverse effect iden23 tified under paragraph (1); and 

24 (3) the development of the plan occur after con25 sultation with— 


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1 (A) each agency having jurisdiction over 

2 matters mitigated by the plan; 

3 (B) the State of Alaska; 

4 (C) North Slope Borough, Alaska; and 

5 (D) the City of Kaktovik, Alaska. 

6 (c) REGULATIONS TO PROTECT COASTAL PLAIN

7 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

8 AND THE ENVIRONMENT.—Before implementing the leas9 ing program authorized by this subtitle, the Secretary 

10 shall prepare and issue regulations, lease terms, condi11 tions, restrictions, prohibitions, stipulations, or other 

12 measures designed to ensure, to the maximum extent prac13 ticable, that the activities carried out on the Coastal Plain 

14 under this subtitle are conducted in a manner consistent 

15 with the purposes and environmental requirements of this 

16 subtitle. 

17 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI18 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

19 proposed regulations, lease terms, conditions, restrictions, 

20 prohibitions, and stipulations for the leasing program 

21 under this subtitle shall require— 

22 (1) compliance with all applicable provisions of 

23 Federal and State environmental law (including reg24 ulations); 

25 (2) implementation of and compliance with— 


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1 (A) standards that are at least as effective 

2 as the safety and environmental mitigation 

3 measures, as described in items 1 through 29 

4 on pages 167 through 169 of the Final State5 ment, on the Coastal Plain; 

6 (B) seasonal limitations on exploration, de7 velopment, and related activities, as necessary, 

8 to avoid significant adverse effects during peri9 ods of concentrated fish and wildlife breeding, 

10 denning, nesting, spawning, and migration; 

11 (C) design safety and construction stand12 ards for all pipelines and any access and service 

13 roads that minimize, to the maximum extent 

14 practicable, adverse effects on— 

15 (i) the passage of migratory species 

16 (such as caribou); and 

17 (ii) the flow of surface water by re18 quiring the use of culverts, bridges, or 

19 other structural devices; 

20 (D) prohibitions on general public access 

21 to, and use of, all pipeline access and service 

22 roads; 

23 (E) stringent reclamation and rehabilita24 tion requirements in accordance with this sub25 title for the removal from the Coastal Plain of 


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1 all oil and gas development and production fa2 cilities, structures, and equipment on comple3 tion of oil and gas production operations, except 

4 in a case in which the Secretary determines 

5 that those facilities, structures, or equipment— 

6 (i) would assist in the management of 

7 the Arctic National Wildlife Refuge; and 

8 (ii) are donated to the United States 

9 for that purpose; 

10 (F) appropriate prohibitions or restrictions 

11 on— 

12 (i) access by all modes of transpor13 tation; 

14 (ii) sand and gravel extraction; and 

15 (iii) use of explosives; 

16 (G) reasonable stipulations for protection 

17 of cultural and archaeological resources; 

18 (H) measures to protect groundwater and 

19 surface water, including— 

20 (i) avoidance, to the maximum extent 

21 practicable, of springs, streams, and river 

22 systems; 

23 (ii) the protection of natural surface 

24 drainage patterns and wetland and ripar25 ian habitats; and 


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1 (iii) the regulation of methods or tech2 niques for developing or transporting ade3 quate supplies of water for exploratory 

4 drilling; and 

5 (I) research, monitoring, and reporting re6 quirements; 

7 (3) that exploration activities (except surface 

8 geological studies) be limited to the period between 

9 approximately November 1 and May 1 of each year 

10 and be supported, if necessary, by ice roads, winter 

11 trails with adequate snow cover, ice pads, ice air12 strips, and air transport methods (except that those 

13 exploration activities may be permitted at other 

14 times if the Secretary determines that the explo15 ration will have no significant adverse effect on fish 

16 and wildlife, fish and wildlife habitat, subsistence re17 sources, and the environment of the Coastal Plain); 

18 (4) consolidation of facility siting; 

19 (5) avoidance or reduction of air traffic-related 

20 disturbance to fish and wildlife; 

21 (6) treatment and disposal of hazardous and 

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

23 muds and cuttings, and domestic wastewater, includ24 ing, in accordance with applicable Federal and State 

25 environmental laws (including regulations)— 


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1 (A) preparation of an annual waste man2 agement report; 

3 (B) development and implementation of a 

4 hazardous materials tracking system; and 

5 (C) prohibition on the use of chlorinated 

6 solvents; 

7 (7) fuel storage and oil spill contingency plan8 ning; 

9 (8) conduct of periodic field crew environmental 

10 briefings; 

11 (9) avoidance of significant adverse effects on 

12 subsistence hunting, fishing, and trapping; 

13 (10) compliance with applicable air and water 

14 quality standards; 

15 (11) appropriate seasonal and safety zone des16 ignations around well sites, within which subsistence 

17 hunting and trapping shall be limited; and 

18 (12) development and implementation of such 

19 other protective environmental requirements, restric20 tions, terms, or conditions as the Secretary, after 

21 consultation with the State of Alaska, North Slope 

22 Borough, Alaska, and the City of Kaktovik, Alaska, 

23 determines to be necessary. 

24 (e) CONSIDERATIONS.—In preparing and issuing reg25 ulations, lease terms, conditions, restrictions, prohibitions, 


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1 or stipulations under this section, the Secretary shall take 

2 into consideration— 

3 (1) the stipulations and conditions that govern 

4 the National Petroleum Reserve-Alaska leasing pro5 gram, as set forth in the 1999 Northeast National 

6 Petroleum Reserve-Alaska Final Integrated Activity 

7 Plan/Environmental Impact Statement; 

8 (2) the environmental protection standards that 

9 governed the initial Coastal Plain seismic exploration 

10 program under parts 37.31 through 37.33 of title 

11 50, Code of Federal Regulations (or successor regu12 lations); and 

13 (3) the land use stipulations for exploratory 

14 drilling on the KIC–ASRC private land described in 

15 Appendix 2 of the agreement between Arctic Slope 

16 Regional Corporation and the United States dated 

17 August 9, 1983. 

18 (f) FACILITY CONSOLIDATION PLANNING.— 

19 (1) IN GENERAL.—After providing for public 

20 notice and comment, the Secretary shall prepare and 

21 periodically update a plan to govern, guide, and di22 rect the siting and construction of facilities for the 

23 exploration, development, production, and transpor24 tation of oil and gas resources from the Coastal 

25 Plain. 


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1 (2) OBJECTIVES.—The objectives of the plan 

2 shall be— 

3 (A) the avoidance of unnecessary duplica4 tion of facilities and activities; 

5 (B) the encouragement of consolidation of 

6 common facilities and activities; 

7 (C) the location or confinement of facilities 

8 and activities to areas that will minimize impact 

9 on fish and wildlife, fish and wildlife habitat, 

10 subsistence resources, and the environment; 

11 (D) the use of existing facilities, to the 

12 maximum extent practicable; and 

13 (E) the enhancement of compatibility be14 tween wildlife values and development activities. 

15 (g) ACCESS TO PUBLIC LAND.—The Secretary 

16 shall— 

17 (1) manage public land in the Coastal Plain in 

18 accordance with subsections (a) and (b) of section 

19 811 of the Alaska National Interest Lands Con20 servation Act (16 U.S.C. 3121); and 

21 (2) ensure that local residents shall have rea22 sonable access to public land in the Coastal Plain for 

23 traditional uses. 

24 SEC. 117. EXPEDITED JUDICIAL REVIEW. 

25 (a) FILING OF COMPLAINTS.— 


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1 (1) DEADLINE.—A complaint seeking judicial 

2 review of a provision of this subtitle or an action of 

3 the Secretary under this subtitle shall be filed— 

4 (A) except as provided in subparagraph 

5 (B), during the 90-day period beginning on the 

6 date on which the action being challenged was 

7 carried out; or 

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

9 on grounds arising after the 90-day period de10 scribed in subparagraph (A), during the 90-day 

11 period beginning on the date on which the com12 plainant knew or reasonably should have known 

13 about the grounds for the complaint. 

14 (2) VENUE.—A complaint seeking judicial re15 view of a provision of this subtitle or an action of 

16 the Secretary under this subtitle shall be filed in the 

17 United States Court of Appeals for the District of 

18 Columbia. 

19 (3) SCOPE.— 

20 (A) IN GENERAL.—Judicial review of a de21 cision of the Secretary under this subtitle (in22 cluding an environmental analysis of such a 

23 lease sale) shall be— 


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1 (i) limited to a review of whether the 

2 decision is in accordance with this subtitle; 

3 and 

4 (ii) based on the administrative record 

5 of the decision. 

6 (B) PRESUMPTIONS.—Any identification 

7 by the Secretary of a preferred course of action 

8 relating to a lease sale, and any analysis by the 

9 Secretary of environmental effects, under this 

10 subtitle shall be presumed to be correct unless 

11 proven otherwise by clear and convincing evi12 dence. 

13 (b) LIMITATION ON OTHER REVIEW.—Any action of 

14 the Secretary that is subject to judicial review under this 

15 section shall not be subject to judicial review in any civil 

16 or criminal proceeding for enforcement. 

17 SEC. 118. RIGHTS-OF-WAY AND EASEMENTS ACROSS COAST18 AL PLAIN. 

19 For purposes of section 1102(4)(A) of the Alaska Na20 tional Interest Lands Conservation Act (16 U.S.C. 

21 3162(4)(A)), any rights-of-way or easements across the 

22 Coastal Plain for the exploration, development, produc23 tion, or transportation of oil and gas shall be considered 

24 to be established incident to the management of the Coast25 al Plain under this section. 


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1 SEC. 119. CONVEYANCE. 

2 Notwithstanding section 1302(h)(2) of the Alaska 

3 National Interest Lands Conservation Act (16 U.S.C. 

4 3192(h)(2)), to remove any cloud on title to land, and to 

5 clarify land ownership patterns in the Coastal Plain, the 

6 Secretary shall— 

7 (1) to the extent necessary to fulfill the entitle8 ment of the Kaktovik Inupiat Corporation under sec9 tions 12 and 14 of the Alaska Native Claims Settle10 ment Act (43 U.S.C. 1611, 1613), as determined by 

11 the Secretary, convey to that Corporation the sur12 face estate of the land described in paragraph (1) of 

13 Public Land Order 6959, in accordance with the 

14 terms and conditions of the agreement between the 

15 Secretary, the United States Fish and Wildlife Serv16 ice, the Bureau of Land Management, and the 

17 Kaktovik Inupiat Corporation, dated January 22, 

18 1993; and 

19 (2) convey to the Arctic Slope Regional Cor20 poration the remaining subsurface estate to which 

21 that Corporation is entitled under the agreement be22 tween that corporation and the United States, dated 

23 August 9, 1983. 

24 SEC. 120. LOCAL GOVERNMENT IMPACT AID AND COMMU25 NITY SERVICE ASSISTANCE. 

26 (a) ESTABLISHMENT OF FUND.— 


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1 (1) IN GENERAL.—As a condition on the receipt 

2 of funds under section 122(2), the State of Alaska 

3 shall establish in the treasury of the State, and ad4 minister in accordance with this section, a fund to 

5 be known as the ‘‘Coastal Plain Local Government 

6 Impact Aid Assistance Fund’’ (referred to in this 

7 section as the ‘‘Fund’’). 

8 (2) DEPOSITS.—Subject to paragraph (1), the 

9 Secretary of the Treasury shall deposit into the 

10 Fund, $35,000,000 each year from the amount 

11 available under section 122(2)(A). 

12 (3) INVESTMENT.—The Governor of the State 

13 of Alaska (referred to in this section as the ‘‘Gov14 ernor’’) shall invest amounts in the Fund in interest15 bearing securities of the United States or the State 

16 of Alaska. 

17 (b) ASSISTANCE.—The Governor, in cooperation with 

18 the Mayor of the North Slope Borough, shall use amounts 

19 in the Fund to provide assistance to North Slope Borough, 

20 Alaska, the City of Kaktovik, Alaska, and any other bor21 ough, municipal subdivision, village, or other community 

22 in the State of Alaska that is directly impacted by explo23 ration for, or the production of, oil or gas on the Coastal 

24 Plain under this subtitle, or any Alaska Native Regional 

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1 nities within its region whose lands lie along the right of 

2 way of the Trans Alaska Pipeline System, as determined 

3 by the Governor. 

4 (c) APPLICATION.— 

5 (1) IN GENERAL.—To receive assistance under 

6 subsection (b), a community or Regional Corporation 

7 described in that subsection shall submit to the Gov8 ernor, or to the Mayor of the North Slope Borough, 

9 an application in such time, in such manner, and 

10 containing such information as the Governor may re11 quire. 

12 (2) ACTION BY NORTH SLOPE BOROUGH.—The 

13 Mayor of the North Slope Borough shall submit to 

14 the Governor each application received under para15 graph (1) as soon as practicable after the date on 

16 which the application is received. 

17 (3) ASSISTANCE OF GOVERNOR.—The Governor 

18 shall assist communities in submitting applications 

19 under this subsection, to the maximum extent prac20 ticable. 

21 (d) USE OF FUNDS.—A community or Regional Cor22 poration that receives funds under subsection (b) may use 

23 the funds— 

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1 dress the potential effects of oil and gas exploration 

2 and development on environmental, social, cultural, 

3 recreational, and subsistence resources of the com4 munity; 

5 (2) to develop, carry out, and maintain— 

6 (A) a project to provide new or expanded 

7 public facilities; or 

8 (B) services to address the needs and prob9 lems associated with the effects described in 

10 paragraph (1), including firefighting, police, 

11 water and waste treatment, first responder, and 

12 other medical services; 

13 (3) to compensate residents of the Coastal 

14 Plain for significant damage to environmental, so15 cial, cultural, recreational, or subsistence resources; 

16 and 

17 (4) in the City of Kaktovik, Alaska— 

18 (A) to develop a mechanism for providing 

19 members of the Kaktovikmiut Inupiat commu20 nity an opportunity to— 

21 (i) monitor development on the Coast22 al Plain; and 

23 (ii) provide information and rec24 ommendations to the Governor based on 

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1 ural resources, flora, fauna, and ecological 

2 processes of the Coastal Plain; and 

3 (B) to establish a local coordination office, 

4 to be managed by the Mayor of the North Slope 

5 Borough, in coordination with the City of 

6 Kaktovik, Alaska— 

7 (i) to coordinate with and advise de8 velopers on local conditions and the history 

9 of areas affected by development; 

10 (ii) to provide to the Committee on 

11 Resources of the House of Representatives 

12 and the Committee on Energy and Natural 

13 Resources of the Senate annual reports on 

14 the status of the coordination between de15 velopers and communities affected by de16 velopment; 

17 (iii) to collect from residents of the 

18 Coastal Plain information regarding the 

19 impacts of development on fish, wildlife, 

20 habitats, subsistence resources, and the en21 vironment of the Coastal Plain; and 

22 (iv) to ensure that the information 

23 collected under clause (iii) is submitted 

24 to— 

25 (I) developers; and 


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1 (II) any appropriate Federal 

2 agency. 

3 SEC. 121. PROHIBITION ON EXPORTS. 

4 An oil or gas lease issued under this subtitle shall 

5 prohibit the exportation of oil or gas produced under the 

6 lease. 

7 SEC. 122. ALLOCATION OF REVENUES. 

8 Notwithstanding the Mineral Leasing Act (30 U.S.C. 

9 181 et seq.) or any other provision of law, of the adjusted 

10 bonus, rental, and royalty receipts from Federal oil and 

11 gas leasing and operations authorized under this subtitle: 

12 (1) 50 percent shall be deposited in the Energy 

13 Independence Fund established under section 301. 

14 (2) The remainder shall be available as follows: 

15 (A) $35,000,000 shall be deposited by the 

16 Secretary of the Treasury into the fund created 

17 under section 120(a)(1). 

18 (B) The remainder shall be disbursed to 

19 the State of Alaska. 

20 Subtitle C—Permitting 

21 SEC. 131. REFINERY PERMITTING PROCESS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Environ25 mental Protection Agency. 


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1 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

2 has the meaning given the term in section 4 of the 

3 Indian Self-Determination and Education Assistance 

4 Act (25 U.S.C. 450b). 

5 (3) PERMIT.—The term ‘‘permit’’ means any 

6 permit, license, approval, variance, or other form of 

7 authorization that a refiner is required to obtain— 

8 (A) under any Federal law; or 

9 (B) from a State or Indian tribal govern10 ment agency delegated authority by the Federal 

11 Government, or authorized under Federal law, 

12 to issue permits. 

13 (4) REFINER.—The term ‘‘refiner’’ means a 

14 person that— 

15 (A) owns or operates a refinery; or 

16 (B) seeks to become an owner or operator 

17 of a refinery. 

18 (5) REFINERY.— 

19 (A) IN GENERAL.—The term ‘‘refinery’’ 

20 means— 

21 (i) a facility at which crude oil is re22 fined into transportation fuel or other pe23 troleum products; and 


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1 (ii) a coal liquification or coal-to-liquid 

2 facility at which coal is processed into syn3 thetic crude oil or any other fuel. 

4 (B) INCLUSIONS.—The term ‘‘refinery’’ in5 cludes an expansion of a refinery. 

6 (6) REFINERY EXPANSION.—The term ‘‘refin7 ery expansion’’ means a physical change in a refin8 ery that results in an increase in the capacity of the 

9 refinery. 

10 (7) REFINERY PERMITTING AGREEMENT.—The 

11 term ‘‘refinery permitting agreement’’ means an 

12 agreement entered into between the Administrator 

13 and a State or Indian tribe under subsection (b). 

14 (8) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Commerce. 

16 (9) STATE.—The term ‘‘State’’ means— 

17 (A) a State; 

18 (B) the District of Columbia; 

19 (C) the Commonwealth of Puerto Rico; 

20 and 

21 (D) any other territory or possession of the 

22 United States. 

23 (b) STREAMLINING OF REFINERY PERMITTING

24 PROCESS.— 


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1 (1) IN GENERAL.—At the request of the Gov2 ernor of a State or the governing body of an Indian 

3 tribe, the Administrator shall enter into a refinery 

4 permitting agreement with the State or Indian tribe 

5 under which the process for obtaining all permits 

6 necessary for the construction and operation of a re7 finery shall be streamlined using a systematic inter8 disciplinary multimedia approach as provided in this 

9 section. 

10 (2) AUTHORITY OF ADMINISTRATOR.—Under a 

11 refinery permitting agreement— 

12 (A) the Administrator shall have authority, 

13 as applicable and necessary, to— 

14 (i) accept from a refiner a consoli15 dated application for all permits that the 

16 refiner is required to obtain to construct 

17 and operate a refinery; 

18 (ii) in consultation and cooperation 

19 with each Federal, State, or Indian tribal 

20 government agency that is required to 

21 make any determination to authorize the 

22 issuance of a permit, establish a schedule 

23 under which each agency shall— 


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1 (I) concurrently consider, to the 

2 maximum extent practicable, each de3 termination to be made; and 

4 (II) complete each step in the 

5 permitting process; and 

6 (iii) issue a consolidated permit that 

7 combines all permits issued under the 

8 schedule established under clause (ii); and 

9 (B) the Administrator shall provide to 

10 State and Indian tribal government agencies— 

11 (i) financial assistance in such 

12 amounts as the agencies reasonably require 

13 to hire such additional personnel as are 

14 necessary to enable the government agen15 cies to comply with the applicable schedule 

16 established under subparagraph (A)(ii); 

17 and 

18 (ii) technical, legal, and other assist19 ance in complying with the refinery permit20 ting agreement. 

21 (3) AGREEMENT BY THE STATE.—Under a re22 finery permitting agreement, a State or governing 

23 body of an Indian tribe shall agree that— 

24 (A) the Administrator shall have each of 

25 the authorities described in paragraph (2); and 


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1 (B) each State or Indian tribal government 

2 agency shall— 

3 (i) in accordance with State law, make 

4 such structural and operational changes in 

5 the agencies as are necessary to enable the 

6 agencies to carry out consolidated project7 wide permit reviews concurrently and in 

8 coordination with the Environmental Pro9 tection Agency and other Federal agencies; 

10 and 

11 (ii) comply, to the maximum extent 

12 practicable, with the applicable schedule 

13 established under paragraph (2)(A)(ii). 

14 (4) DEADLINES.— 

15 (A) NEW REFINERIES.—In the case of a 

16 consolidated permit for the construction of a 

17 new refinery, the Administrator and the State 

18 or governing body of an Indian tribe shall ap19 prove or disapprove the consolidated permit not 

20 later than— 

21 (i) 360 days after the date of the re22 ceipt of the administratively complete ap23 plication for the consolidated permit; or 

24 (ii) on agreement of the applicant, the 

25 Administrator, and the State or governing 


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1 body of the Indian tribe, 90 days after the 

2 expiration of the deadline established 

3 under clause (i). 

4 (B) EXPANSION OF EXISTING REFIN5 ERIES.—In the case of a consolidated permit 

6 for the expansion of an existing refinery, the 

7 Administrator and the State or governing body 

8 of an Indian tribe shall approve or disapprove 

9 the consolidated permit not later than— 

10 (i) 120 days after the date of the re11 ceipt of the administratively complete ap12 plication for the consolidated permit; or 

13 (ii) on agreement of the applicant, the 

14 Administrator, and the State or governing 

15 body of the Indian tribe, 30 days after the 

16 expiration of the deadline established 

17 under clause (i). 

18 (5) FEDERAL AGENCIES.—Each Federal agency 

19 that is required to make any determination to au20 thorize the issuance of a permit shall comply with 

21 the applicable schedule established under paragraph 

22 (2)(A)(ii). 

23 (6) JUDICIAL REVIEW.—Any civil action for re24 view of any permit determination under a refinery 

25 permitting agreement shall be brought exclusively in 


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1 the United States district court for the district in 

2 which the refinery is located or proposed to be lo3 cated. 

4 (7) EFFICIENT PERMIT REVIEW.—In order to 

5 reduce the duplication of procedures, the Adminis6 trator shall use State permitting and monitoring 

7 procedures to satisfy substantially equivalent Fed8 eral requirements under this title. 

9 (8) SEVERABILITY.—If 1 or more permits that 

10 are required for the construction or operation of a 

11 refinery are not approved on or before any deadline 

12 established under paragraph (4), the Administrator 

13 may issue a consolidated permit that combines all 

14 other permits that the refiner is required to obtain 

15 other than any permits that are not approved. 

16 (9) SAVINGS.—Nothing in this subsection af17 fects the operation or implementation of otherwise 

18 applicable law regarding permits necessary for the 

19 construction and operation of a refinery. 

20 (10) CONSULTATION WITH LOCAL GOVERN21 MENTS.—Congress encourages the Administrator, 

22 States, and tribal governments to consult, to the 

23 maximum extent practicable, with local governments 

24 in carrying out this subsection. 


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1 (11) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this subsection. 

4 (12) EFFECT ON LOCAL AUTHORITY.—Nothing 

5 in this subsection affects— 

6 (A) the authority of a local government 

7 with respect to the issuance of permits; or 

8 (B) any requirement or ordinance of a 

9 local government (such as a zoning regulation). 

10 (c) FISCHER-TROPSCH FUELS.— 

11 (1) IN GENERAL.—In cooperation with the Sec12 retary of Energy, the Secretary of Defense, the Ad13 ministrator of the Federal Aviation Administration, 

14 Secretary of Health and Human Services, and 

15 Fischer-Tropsch industry representatives, the Ad16 ministrator shall— 

17 (A) conduct a research and demonstration 

18 program to evaluate the air quality benefits of 

19 ultra-clean Fischer-Tropsch transportation fuel, 

20 including diesel and jet fuel; 

21 (B) evaluate the use of ultra-clean Fischer22 Tropsch transportation fuel as a mechanism for 

23 reducing engine exhaust emissions; and 

24 (C) submit recommendations to Congress 

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1 fits of these ultra-clean fuel for reducing public 

2 exposure to exhaust emissions. 

3 (2) GUIDANCE AND TECHNICAL SUPPORT.—The 

4 Administrator shall, to the extent necessary, issue 

5 any guidance or technical support documents that 

6 would facilitate the effective use and associated ben7 efit of Fischer-Tropsch fuel and blends. 

8 (3) REQUIREMENTS.—The program described 

9 in paragraph (1) shall consider— 

10 (A) the use of neat (100 percent) Fischer11 Tropsch fuel and blends with conventional 

12 crude oil-derived fuel for heavy-duty and light13 duty diesel engines and the aviation sector; and 

14 (B) the production costs associated with 

15 domestic production of those ultra clean fuel 

16 and prices for consumers. 

17 (4) REPORTS.—The Administrator shall submit 

18 to the Committee on Environment and Public Works 

19 and the Committee on Energy and Natural Re20 sources of the Senate and the Committee on Energy 

21 and Commerce of the House of Representatives— 

22 (A) not later than 1 year, an interim re23 port on actions taken to carry out this sub24 section; and 


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1 (B) not later than 2 years, a final report 

2 on actions taken to carry out this subsection. 

3 SEC. 132. REMOVAL OF ADDITIONAL FEE FOR NEW APPLI4 CATIONS FOR PERMITS TO DRILL. 

5 The second undesignated paragraph of the matter 

6 under the heading ‘‘MANAGEMENT OF LANDS AND RE7 SOURCES’’ under the heading ‘‘BUREAU OF LAND MAN8 AGEMENT’’ of title I of the Department of the Interior, 

9 Environment, and Related Agencies Appropriations Act, 

10 2008 (Public Law 110–161; 121 Stat. 2098) is amended 

11 by striking ‘‘to be reduced’’ and all that follows through 

12 ‘‘each new application,’’. 

13 TITLE II—ALTERNATIVE 

14 RESOURCES 

15 Subtitle A—Renewable Fuel and 

16 Advanced Energy Technology 

17 SEC. 201. DEFINITION OF RENEWABLE BIOMASS. 

18 Section 211(o)(1) of the Clean Air Act (42 U.S.C. 

19 7545(o)(1)) is amended by striking subparagraph (I) and 

20 inserting the following: 

21 ‘‘(I) RENEWABLE BIOMASS.—The term ‘re22 newable biomass’ means— 

23 ‘‘(i) nonmerchantable materials or 

24 precommercial thinnings that— 


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1 ‘‘(I) are byproducts of preventive 

2 treatments, such as trees, wood, 

3 brush, thinnings, chips, and slash, 

4 that are removed— 

5 ‘‘(aa) to reduce hazardous 

6 fuels; 

7 ‘‘(bb) to reduce or contain 

8 disease or insect infestation; or 

9 ‘‘(cc) to restore forest 

10 health; 

11 ‘‘(II) would not otherwise be used 

12 for higher-value products; and 

13 ‘‘(III) are harvested from Na14 tional Forest System land or public 

15 land (as defined in section 103 of the 

16 Federal Land Policy and Management 

17 Act of 1976 (43 U.S.C. 1702))— 

18 ‘‘(aa) where permitted by 

19 law; and 

20 ‘‘(bb) in accordance with ap21 plicable land management plans 

22 and the requirements for old23 growth maintenance, restoration, 

24 and management direction of 

25 paragraphs (2), (3), and (4) of 


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1 subsection (e) and the require2 ments for large-tree retention of 

3 subsection (f) of section 102 of 

4 the Healthy Forests Restoration 

5 Act of 2003 (16 U.S.C. 6512); or 

6 ‘‘(ii) any organic matter that is avail7 able on a renewable or recurring basis 

8 from non-Federal land or from land be9 longing to an Indian tribe, or an Indian in10 dividual, that is held in trust by the United 

11 States or subject to a restriction against 

12 alienation imposed by the United States, 

13 including— 

14 ‘‘(I) renewable plant material, in15 cluding— 

16 ‘‘(aa) feed grains; 

17 ‘‘(bb) other agricultural 

18 commodities; 

19 ‘‘(cc) other plants and trees; 

20 and 

21 ‘‘(dd) algae; and 

22 ‘‘(II) waste material, including— 

23 ‘‘(aa) crop residue; 


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1 ‘‘(bb) other vegetative waste 

2 material (including wood waste 

3 and wood residues); 

4 ‘‘(cc) animal waste and by5 products (including fats, oils, 

6 greases, and manure); and 

7 ‘‘(dd) food waste and yard 

8 waste.’’. 

9 SEC. 202. REPEAL OF WAIVER FOR FUEL OR FUEL ADDI10 TIVES. 

11 (a) IN GENERAL.—Effective December 19, 2007, sec12 tion 251 of the Energy Independence and Security Act 

13 of 2007 (121 Stat. 1549) is repealed. 

14 (b) APPLICATION.—The amendment made by sub15 section (a) applies to any waivers granted on or after the 

16 date of enactment of this Act. 

17 Subtitle B—Clean Coal-Derived 

18 Fuels for Energy Security 

19 SEC. 211. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Clean-Coal-Derived 

21 Fuels for Energy Security Act of 2008’’. 

22 SEC. 212. DEFINITIONS. 

23 In this subtitle: 

24 (1) CLEAN COAL-DERIVED FUEL.— 


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1 (A) IN GENERAL.—The term ‘‘clean coal2 derived fuel’’ means aviation fuel, motor vehicle 

3 fuel, home heating oil, or boiler fuel that is— 

4 (i) substantially derived from the coal 

5 resources of the United States; and 

6 (ii) refined or otherwise processed at a 

7 facility located in the United States that 

8 captures up to 100 percent of the carbon 

9 dioxide emissions that would otherwise be 

10 released at the facility. 

11 (B) INCLUSIONS.—The term ‘‘clean coal12 derived fuel’’ may include any other resource 

13 that is extracted, grown, produced, or recovered 

14 in the United States. 

15 (2) COVERED FUEL.—The term ‘‘covered fuel’’ 

16 means— 

17 (A) aviation fuel; 

18 (B) motor vehicle fuel; 

19 (C) home heating oil; and 

20 (D) boiler fuel. 

21 (3) SMALL REFINERY.—The term ‘‘small refin22 ery’’ means a refinery for which the average aggre23 gate daily crude oil throughput for a calendar year 

24 (as determined by dividing the aggregate throughput 


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1 for the calendar year by the number of days in the 

2 calendar year) does not exceed 75,000 barrels. 

3 SEC. 213. CLEAN COAL-DERIVED FUEL PROGRAM. 

4 (a) PROGRAM.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, the President 

7 shall promulgate regulations to ensure that covered 

8 fuel sold or introduced into commerce in the United 

9 States (except in noncontiguous States or terri10 tories), on an annual average basis, contains the ap11 plicable volume of clean coal-derived fuel determined 

12 in accordance with paragraph (4). 

13 (2) PROVISIONS OF REGULATIONS.—Regardless 

14 of the date of promulgation, the regulations promul15 gated under paragraph (1)— 

16 (A) shall contain compliance provisions ap17 plicable to refineries, blenders, distributors, and 

18 importers, as appropriate, to ensure that— 

19 (i) the requirements of this subsection 

20 are met; and 

21 (ii) clean coal-derived fuels produced 

22 from facilities for the purpose of compli23 ance with this subtitle result in life cycle 

24 greenhouse gas emissions that are not 

25 greater than gasoline; and 


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1 (B) shall not— 

2 (i) restrict geographic areas in the 

3 contiguous United States in which clean 

4 coal-derived fuel may be used; or 

5 (ii) impose any per-gallon obligation 

6 for the use of clean coal-derived fuel. 

7 (3) RELATIONSHIP TO OTHER REGULATIONS.— 

8 Regulations promulgated under this paragraph shall, 

9 to the maximum extent practicable, incorporate the 

10 program structure, compliance and reporting re11 quirements established under the final regulations 

12 promulgated to implement the renewable fuel pro13 gram established by the amendment made by section 

14 1501(a)(2) of the Energy Policy Act of 2005 (Public 

15 Law 109–58; 119 Stat. 1067). 

16 (4) APPLICABLE VOLUME.— 

17 (A) CALENDAR YEARS 2015 THROUGH

18 2022.—For the purpose of this subsection, the 

19 applicable volume for any of calendar years 

20 2015 through 2022 shall be determined in ac21 cordance with the following table: 

Applicable volume of clean 

coal-derived fuel 

Calendar year: (in billions of gallons): 

2015 ................................................................................................... 0.75

2016 ................................................................................................... 1.5

2017 ................................................................................................... 2.25

2018 ................................................................................................... 3.00

2019 ................................................................................................... 3.75

2020 ................................................................................................... 4.5


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Applicable volume of clean 

coal-derived fuel 

Calendar year: (in billions of gallons): 

2021 ................................................................................................... 5.25

2022 ................................................................................................... 6.0. 

1 (B) CALENDAR YEAR 2023 AND THERE2 AFTER.—Subject to subparagraph (C), for the 

3 purposes of this subsection, the applicable vol4 ume for calendar year 2023 and each calendar 

5 year thereafter shall be determined by the 

6 President, in coordination with the Secretary 

7 and the Administrator of the Environmental 

8 Protection Agency, based on a review of the im9 plementation of the program during calendar 

10 years 2015 through 2022, including a review 

11 of— 

12 (i) the impact of clean coal-derived 

13 fuels on the energy security of the United 

14 States; 

15 (ii) the expected annual rate of future 

16 production of clean coal-derived fuels; and 

17 (iii) the impact of the use of clean 

18 coal-derived fuels on other factors, includ19 ing job creation, rural economic develop20 ment, and the environment. 

21 (C) MINIMUM APPLICABLE VOLUME.—For 

22 the purpose of this subsection, the applicable 

23 volume for calendar year 2023 and each calVerDate Aug 31 2005 02:34 Jul 02, 2008 Jkt 069200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S3222.IS S3222

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1 endar year thereafter shall be equal to the prod2 uct obtained by multiplying— 

3 (i) the number of gallons of covered 

4 fuel that the President estimates will be 

5 sold or introduced into commerce in the 

6 calendar year; and 

7 (ii) the ratio that— 

8 (I) 6,000,000,000 gallons of 

9 clean coal-derived fuel; bears to 

10 (II) the number of gallons of cov11 ered fuel sold or introduced into com12 merce in calendar year 2022. 

13 (b) APPLICABLE PERCENTAGES.— 

14 (1) PROVISION OF ESTIMATE OF VOLUMES OF

15 CERTAIN FUEL SALES.—Not later than October 31 

16 of each of calendar years 2015 through 2021, the 

17 Administrator of the Energy Information Adminis18 tration shall provide to the President an estimate, 

19 with respect to the following calendar year, of the 

20 volumes of covered fuel projected to be sold or intro21 duced into commerce in the United States. 

22 (2) DETERMINATION OF APPLICABLE PERCENT23 AGES.— 

24 (A) IN GENERAL.—Not later than Novem25 ber 30 of each of calendar years 2015 through 


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1 2022, based on the estimate provided under 

2 paragraph (1), the President shall determine 

3 and publish in the Federal Register, with re4 spect to the following calendar year, the clean 

5 coal-derived fuel obligation that ensures that 

6 the requirements of subsection (a) are met. 

7 (B) REQUIRED ELEMENTS.—The clean 

8 coal-derived fuel obligation determined for a 

9 calendar year under subparagraph (A) shall— 

10 (i) be applicable to refineries, blend11 ers, and importers, as appropriate; 

12 (ii) be expressed in terms of a volume 

13 percentage of covered fuel sold or intro14 duced into commerce in the United States; 

15 and 

16 (iii) subject to paragraph (3)(A), con17 sist of a single applicable percentage that 

18 applies to all categories of persons speci19 fied in clause (i). 

20 (3) ADJUSTMENTS.—In determining the appli21 cable percentage for a calendar year, the President 

22 shall make adjustments— 

23 (A) to prevent the imposition of redundant 

24 obligations on any person specified in para25 graph (2)(B)(i); and 


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1 (B) to account for the use of clean coal-de2 rived fuel during the previous calendar year by 

3 small refineries that are exempt under sub4 section (f). 

5 (c) VOLUME CONVERSION FACTORS FOR CLEAN

6 COAL-DERIVED FUELS BASED ON ENERGY CONTENT.— 

7 (1) IN GENERAL.—For the purpose of sub8 section (a), the President shall assign values to spe9 cific types of clean coal-derived fuel for the purpose 

10 of satisfying the fuel volume requirements of sub11 section (a)(4) in accordance with this subsection. 

12 (2) ENERGY CONTENT RELATIVE TO DIESEL

13 FUEL.—For clean coal-derived fuels, 1 gallon of the 

14 clean coal-derived fuel shall be considered to be the 

15 equivalent of 1 gallon of diesel fuel multiplied by the 

16 ratio that— 

17 (A) the number of British thermal units of 

18 energy produced by the combustion of 1 gallon 

19 of the clean coal-derived fuel (as measured 

20 under conditions determined by the Secretary); 

21 bears to 

22 (B) the number of British thermal units of 

23 energy produced by the combustion of 1 gallon 

24 of diesel fuel (as measured under conditions deVerDate Aug 31 2005 02:34 Jul 02, 2008 Jkt 069200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S3222.IS S3222

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1 termined by the Secretary to be comparable to 

2 conditions described in subparagraph (A)). 

3 (d) CREDIT PROGRAM.— 

4 (1) IN GENERAL.—The President, in consulta5 tion with the Secretary and the clean coal-derived 

6 fuel requirement of this section. 

7 (2) MARKET TRANSPARENCY.—In carrying out 

8 the credit program under this subsection, the Presi9 dent shall facilitate price transparency in markets 

10 for the sale and trade of credits, with due regard for 

11 the public interest, the integrity of those markets, 

12 fair competition, and the protection of consumers. 

13 (e) WAIVERS.— 

14 (1) IN GENERAL.—The President, in consulta15 tion with the Secretary and the Administrator of the 

16 Environmental Protection Agency, may waive the re17 quirements of subsection (a) in whole or in part on 

18 petition by 1 or more States by reducing the na19 tional quantity of clean coal-derived fuel required 

20 under subsection (a), based on a determination by 

21 the President (after public notice and opportunity 

22 for comment), that— 

23 (A) implementation of the requirement 

24 would severely harm the economy or environVerDate Aug 31 2005 02:34 Jul 02, 2008 Jkt 069200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S3222.IS S3222

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1 ment of a State, a region, or the United States; 

2 or 

3 (B) extreme and unusual circumstances 

4 exist that prevent distribution of an adequate 

5 supply of domestically-produced clean coal-de6 rived fuel to consumers in the United States. 

7 (2) PETITIONS FOR WAIVERS.—The President, 

8 in consultation with the Secretary and the Adminis9 trator of the Environmental Protection Agency, shall 

10 approve or disapprove a State petition for a waiver 

11 of the requirements of subsection (a) within 90 days 

12 after the date on which the petition is received by 

13 the President. 

14 (3) TERMINATION OF WAIVERS.—A waiver 

15 granted under paragraph (1) shall terminate after 1 

16 year, but may be renewed by the President after 

17 consultation with the Secretary and the Adminis18 trator of the Environmental Protection Agency. 

19 (f) SMALL REFINERIES.— 

20 (1) TEMPORARY EXEMPTION.— 

21 (A) IN GENERAL.—The requirements of 

22 subsection (a) shall not apply to small refineries 

23 until calendar year 2018. 

24 (B) EXTENSION OF EXEMPTION.— 


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1 (i) STUDY BY SECRETARY.—Not later 

2 than December 31, 2013, the Secretary 

3 shall submit to the President and Congress 

4 a report describing the results of a study 

5 to determine whether compliance with the 

6 requirements of subsection (a) would im7 pose a disproportionate economic hardship 

8 on small refineries. 

9 (ii) EXTENSION OF EXEMPTION.—In 

10 the case of a small refinery that the Sec11 retary determines under clause (i) would 

12 be subject to a disproportionate economic 

13 hardship if required to comply with sub14 section (a), the President shall extend the 

15 exemption under subparagraph (A) for the 

16 small refinery for a period of not less than 

17 2 additional years. 

18 (2) PETITIONS BASED ON DISPROPORTIONATE

19 ECONOMIC HARDSHIP.— 

20 (A) EXTENSION OF EXEMPTION.—A small 

21 refinery may at any time petition the President 

22 for an extension of the exemption under para23 graph (1) for the reason of disproportionate 

24 economic hardship. 


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1 (B) EVALUATION OF PETITIONS.—In eval2 uating a petition under subparagraph (A), the 

3 President, in consultation with the Secretary, 

4 shall consider the findings of the study under 

5 paragraph (1)(B) and other economic factors. 

6 (C) DEADLINE FOR ACTION ON PETI7 TIONS.—The President shall act on any petition 

8 submitted by a small refinery for a hardship ex9 emption not later than 90 days after the date 

10 of receipt of the petition. 

11 (3) OPT-IN FOR SMALL REFINERIES.—A small 

12 refinery shall be subject to the requirements of sub13 section (a) if the small refinery notifies the Presi14 dent that the small refinery waives the exemption 

15 under paragraph (1). 

16 (g) PENALTIES AND ENFORCEMENT.— 

17 (1) CIVIL PENALTIES.— 

18 (A) IN GENERAL.—Any person that vio19 lates a regulation promulgated under subsection 

20 (a), or that fails to furnish any information re21 quired under such a regulation, shall be liable 

22 to the United States for a civil penalty of not 

23 more than the total of— 

24 (i) $25,000 for each day of the viola25 tion; and 


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1 (ii) the amount of economic benefit or 

2 savings received by the person resulting 

3 from the violation, as determined by the 

4 President. 

5 (B) COLLECTION.—Civil penalties under 

6 subparagraph (A) shall be assessed by, and col7 lected in a civil action brought by, the Secretary 

8 or such other officer of the United States as is 

9 designated by the President. 

10 (2) INJUNCTIVE AUTHORITY.— 

11 (A) IN GENERAL.—The district courts of 

12 the United States shall have jurisdiction to— 

13 (i) restrain a violation of a regulation 

14 promulgated under subsection (a); 

15 (ii) award other appropriate relief; 

16 and 

17 (iii) compel the furnishing of informa18 tion required under the regulation. 

19 (B) ACTIONS.—An action to restrain such 

20 violations and compel such actions shall be 

21 brought by and in the name of the United 

22 States. 

23 (C) SUBPOENAS.—In the action, a sub24 poena for a witness who is required to attend 


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1 a district court in any district may apply in any 

2 other district. 

3 (h) EFFECTIVE DATE.—Except as otherwise specifi4 cally provided in this section, this section takes effect on 

5 January 1, 2016. 

6 Subtitle C—Oil Shale 

7 SEC. 221. REMOVAL OF PROHIBITION ON FINAL REGULA8 TIONS FOR COMMERCIAL LEASING PROGRAM 

9 FOR OIL SHALE RESOURCES ON PUBLIC 

10 LAND. 

11 (a) REPEAL.—Section 433 of the Department of the 

12 Interior, Environment, and Related Agencies Appropria13 tions Act, 2008 (Public Law 110–161; 121 Stat. 2152) 

14 is repealed. 

15 (b) REGULATIONS.—The Secretary of the Interior 

16 shall promulgate regulations to ensure that 50 percent of 

17 any new lease revenue generated by a commercial leasing 

18 program for oil shale resources on public land shall be de19 posited into the Energy Independence Fund established 

20 under section 301. 


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1 Subtitle D—United States 

2 Geological Survey 

3 SEC. 231. FUNDING FOR UNITED STATES GEOLOGICAL SUR4 VEY. 

5 (a) IN GENERAL.—The Secretary of the Interior shall 

6 require the Director of the United States Geological Sur7 vey to increase activities relating to the Energy Resources 

8 Program and other United States Geological Survey re9 source assessment activities related to domestic oil and 

10 natural gas reserves. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $60,000,000 for each of fiscal years 2009 through 2013. 

14 TITLE III—ENERGY 

15 INDEPENDENCE FUND 

16 SEC. 301. ESTABLISHMENT. 

17 (a) IN GENERAL.—There is established in the Treas18 ury of the United States a fund, to be known as the ‘‘En19 ergy Independence Fund’’ (referred to in this section as 

20 the ‘‘Fund’’), consisting of such amounts as are deposited 

21 in the fund under— 

22 (1) section 32(c)(1)(A) of the Outer Conti23 nental Shelf Lands Act; 

24 (2) section 122(1); and 

25 (3) section 211(b). 


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1 (b) USE OF FUND.—Amounts in the Fund shall be 

2 available to offset the cost of domestic alternative fuel-re3 lated Federal programs carried out by the Secretary of 

4 Agriculture, the Secretary of Energy, and the Secretary 

5 of Transportation that— 

6 (1) enhance and accelerate the use of domestic 

7 renewable energy resources and alternative fuels 

8 with particular emphasis on cellulosic ethanol and 

9 biodiesel fuel; 

10 (2) increase the development and deployment of 

11 biofuels infrastructure, including— 

12 (A) alternative fuel refueling pumps that 

13 are capable of dispensing blends of gasoline 

14 containing from 10 to 85 percent ethanol; and 

15 (B) a biofuel dedicated pipeline; 

16 (3) promote the use of energy-efficient products 

17 and practices and encourage and reward sound en18 ergy conservation practices; 

19 (4) expand research, development, and deploy20 ment of renewable energy and efficiency tech21 nologies; 

22 (5) expand research, development, and deploy23 ment of hydrogen fuel cell technology; and 

24 (6) expand research, development, and deploy25 ment of advanced battery technology. 


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1 (c) AVAILABILITY.—Amounts deposited in the Fund 

2 for a fiscal year shall remain available until September 

3 30 of the subsequent fiscal year. 

4 SEC. 302. ENERGY SECURITY INITIATIVE. 

5 The Secretary shall— 

6 (1) develop a strategic and comprehensive plan 

7 to eliminate, to the maximum extent practicable, all 

8 foreign imports of oil from countries outside of 

9 North America by 2028; and 

10 (2) not later than 1 year after the date of en11 actment of this Act, submit to Congress a report de12 scribing the plan. 

Æ 


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