II 

110TH CONGRESS 

2D SESSION S. 3669 

To reduce gas prices by promoting domestic energy production, alternative 

energy, and conservation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

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

referred to the Committee on Energy and Natural Resources 

A BILL 

To reduce gas prices by promoting domestic energy production, alternative energy, and conservation, 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 ‘‘Harmonizing America’s Energy, Economy, Environment, 

6 and National Security Act of 2008’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DOMESTIC ENERGY PRODUCTION 

mstockstill on PROD1PC66 with BILLS

2 

•S 3669 IS

Subtitle A—Outer Continental Shelf 

Sec. 101. Termination of prohibitions on expenditures for, and withdrawals 

from, offshore and onshore leasing and other limitations on energy production. 

Sec. 102. Coordination with Secretary of Defense on leasing. 

Sec. 103. Sharing of revenues. 

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. Rights-of-way and easements across coastal plain. 

Sec. 118. Conveyance. 

Sec. 119. Local government impact aid and community service assistance. 

Sec. 120. Allocation of revenues. 

Subtitle C—Oil Shale 

Sec. 131. Removal of prohibition on final regulations for commercial leasing 

program for oil shale resources on public land. 

TITLE II—ALTERNATIVE ENERGY AND CONSERVATION 

Subtitle A—Conservation Reserve and Renewable Energy Reserve Accounts 

Sec. 201. Conservation Reserve and Renewable Energy Reserve Accounts. 

Subtitle B—Department of Defense Facilitation of Secure Domestic Fuel 

Development 

Sec. 211. Procurement and acquisition of alternative fuels. 

1 TITLE I—DOMESTIC ENERGY 

2 PRODUCTION 

3 Subtitle A—Outer Continental 

4 Shelf 

5 SEC. 101. TERMINATION OF PROHIBITIONS ON EXPENDI6 TURES FOR, AND WITHDRAWALS FROM, OFF7 SHORE AND ONSHORE LEASING AND OTHER 

8 LIMITATIONS ON ENERGY PRODUCTION. 

9 (a) PROHIBITIONS ON EXPENDITURES.—Notwith10 standing any other provision of law, all provisions of Fedmstockstill on PROD1PC66 with BILLS

3 

•S 3669 IS

1 eral law that prohibit the expenditure of appropriated 

2 funds to conduct natural gas, oil, oil shale, and other en3 ergy production leasing, preleasing, and related activities 

4 on Federal land shall have no force or effect with respect 

5 to the activities. 

6 (b) REVOCATION WITHDRAWALS.—Notwithstanding 

7 any other provision of law, all withdrawals of Federal sub8 merged land of the outer Continental Shelf from leasing 

9 (including withdrawals by the President under section 

10 12(a) of the Outer Continental Shelf Lands Act (43 

11 U.S.C. 1341(a)), are revoked and are no longer in force 

12 or effect with respect to the leasing of areas for explo13 ration for, and development and production of, natural gas 

14 and oil. 

15 (c) GULF OF MEXICO OIL AND GAS.—Section 104 

16 of the Gulf of Mexico Energy Security Act of 2006 (43 

17 U.S.C. 1331 note; Public Law 109–432) is repealed. 

18 (d) CONFORMING AMENDMENTS.— 

19 (1) Sections 104 and 105 of the Department of 

20 the Interior, Environment, and Related Agencies Ap21 propriations Act, 2008 (Public Law 110–161; 121 

22 Stat. 2118) are repealed. 

23 (2) Section 103(a) of the Gulf of Mexico En24 ergy Security Act of 2006 (43 U.S.C. 1331 note; 

25 Public Law 109–432) is amended by striking ‘‘Exmstockstill on PROD1PC66 with BILLS

4 

•S 3669 IS

1 cept as provided in section 104, the’’ and inserting 

2 ‘‘The’’. 

3 SEC. 102. COORDINATION WITH SECRETARY OF DEFENSE 

4 ON LEASING. 

5 The Outer Continental Shelf Lands Act is amended 

6 by inserting after section 9 (43 U.S.C. 1338) the fol7 lowing: 

8 ‘‘SEC. 10. COORDINATION WITH SECRETARY OF DEFENSE 

9 ON LEASING. 

10 ‘‘(a) IN GENERAL.—The Secretary shall consult with 

11 the Secretary of Defense regarding military operations 

12 needs for the outer Continental Shelf. 

13 ‘‘(b) CONFLICTS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall work 

15 with the Secretary of Defense to resolve any conflict 

16 that may arise between operations described in sub17 section (a) and leasing under this Act. 

18 ‘‘(2) UNRESOLVED ISSUES.—If the Secretary 

19 and the Secretary of Defense are unable to resolve 

20 any conflict described in paragraph (1), any unre21 solved issue shall be referred by the Secretaries to 

22 the President in a timely fashion for immediate reso23 lution.’’. 

mstockstill on PROD1PC66 with BILLS

5 

•S 3669 IS

1 SEC. 103. SHARING OF REVENUES. 

2 (a) IN GENERAL.—Section 8(g) of the Outer Conti3 nental Shelf Lands Act (43 U.S.C. 1337(g)) is amended— 

4 (1) in paragraph (2), by striking ‘‘(2) Notwith5 standing’’ and inserting the following: 

6 ‘‘(2) DISPOSITION OF REVENUES.—Except as 

7 provided in paragraph (6) and notwithstanding’’; 

8 (2) by redesignating paragraphs (6) and (7) as 

9 paragraphs (7) and (8), respectively; and 

10 (3) by inserting after paragraph (5) the fol11 lowing: 

12 ‘‘(6) BONUS BIDS AND ROYALTIES UNDER

13 QUALIFIED LEASES.— 

14 ‘‘(A) DEFINITIONS.—In this paragraph: 

15 ‘‘(i) ADJACENT STATE.—The term 

16 ‘adjacent State’ means, with respect to any 

17 program, plan, lease sale, leased tract, or 

18 other activity proposed, conducted, or ap19 proved pursuant to this Act, any State the 

20 laws of which are declared, pursuant to 

21 section 4(a)(2), to be the law of the United 

22 States for the portion of the outer Conti23 nental Shelf on which the program, plan, 

24 lease sale, leased tract, or activity applies 

25 or is, or is proposed to be, conducted. 

mstockstill on PROD1PC66 with BILLS

6 

•S 3669 IS

1 ‘‘(ii) ADJACENT ZONE.—The term 

2 ‘adjacent zone’ means, with respect to any 

3 program, plan, lease sale, leased tract, or 

4 other activity proposed, conducted, or ap5 proved pursuant to this Act, the portion of 

6 the outer Continental Shelf for which the 

7 laws of an adjacent State are declared, 

8 pursuant to section 4(a)(2), to be the law 

9 of the United States. 

10 ‘‘(iii) PRODUCING STATE.—The term 

11 ‘producing State’ means an adjacent State 

12 having an adjacent zone containing leased 

13 tracts from which are derived bonus bids 

14 and royalties under a lease under this Act. 

15 ‘‘(iv) QUALIFIED LEASE.—The term 

16 ‘qualified lease’ means a natural gas or oil 

17 lease made available under this Act grant18 ed after the date of enactment of the Har19 monizing America’s Energy, Economy, En20 vironment, and National Security Act of 

21 2008, for an area that is available for leas22 ing as a result of enactment of section 101 

23 of that Act. 

24 ‘‘(v) STATE.—The term ‘State’ in25 cludes— 

mstockstill on PROD1PC66 with BILLS

7 

•S 3669 IS

1 ‘‘(I) the Commonwealth of Puer2 to Rico; and 

3 ‘‘(II) any other territory or pos4 session of the United States. 

5 ‘‘(B) NEW LEASES.—Of amounts received 

6 by the United States as bonus bids, royalties, 

7 rentals, and other sums collected under any 

8 qualified lease on submerged land made avail9 able for leasing under this Act by the enact10 ment of section 101 of the Harmonizing Amer11 ica’s Energy, Economy, Environment, and Na12 tional Security Act of 2008 that are located 

13 within the seaward boundaries of a State estab14 lished under section 4(a)(2)(A)— 

15 ‘‘(i) 27 percent shall be paid to pro16 ducing States with respect to that sub17 merged land; 

18 ‘‘(ii) 25 percent shall be deposited in 

19 the Conservation Reserve Account estab20 lished by section 201(a)(1) of the Harmo21 nizing America’s Energy, Economy, Envi22 ronment, and National Security Act of 

23 2008; 

mstockstill on PROD1PC66 with BILLS

8 

•S 3669 IS

1 ‘‘(iii) 25 percent shall be deposited in 

2 the Renewable Energy Reserve Account es3 tablished by section 201(a)(2) of that Act; 

4 ‘‘(iv) 20 percent shall be deposited in 

5 the general fund of the Treasury of the 

6 United States for debt reduction; and 

7 ‘‘(v) subject to the availability of ap8 propriations, 3 percent may be available to 

9 the Secretary of Health and Human Serv10 ices for carrying out the low-income home 

11 energy assistance program established 

12 under the Low-Income Home Energy As13 sistance Act of 1981 (42 U.S.C. 8621 et 

14 seq.). 

15 ‘‘(C) LEASED TRACT THAT LIES PAR16 TIALLY WITHIN THE SEAWARD BOUNDARIES OF

17 A STATE.—In the case of a leased tract that lies 

18 partially within the seaward boundaries of a 

19 State, the amount of bonus bids and royalties 

20 from the tract that is subject to subparagraph 

21 (B) with respect to the State shall be a percent22 age of the total amounts of bonus bids and roy23 alties from the tract that is equivalent to the 

24 total percentage of the surface acreage of the 

25 tract that lies within the seaward boundaries. 

mstockstill on PROD1PC66 with BILLS

9 

•S 3669 IS

1 ‘‘(D) APPLICATION.—This paragraph ap2 plies to bonus bids and royalties received by the 

3 United States under qualified leases after Sep4 tember 30, 2008.’’. 

5 (b) ESTABLISHMENT OF STATE SEAWARD BOUND6 ARIES.—Section 4(a)(2) of the Outer Continental Shelf 

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

8 (1) by striking ‘‘(2)(A) To’’ and inserting the 

9 following: 

10 ‘‘(2) LAWS OF ADJACENT STATES; INTER11 NATIONAL BOUNDARY DISPUTES.— 

12 ‘‘(A) LAWS OF ADJACENT STATES.— 

13 ‘‘(i) IN GENERAL.—To’’; and 

14 (2) in subparagraph (A)— 

15 (A) in the first sentence, by striking ‘‘, and 

16 the President’’ and all that follows through the 

17 end of the sentence and inserting a period; 

18 (B) by inserting after clause (i) (as des19 ignated by paragraph (1)) the following: 

20 ‘‘(ii) EXTENDED LINES.— 

21 ‘‘(I) IN GENERAL.—Subject to 

22 subclauses (II) and (III), the extended 

23 lines described in clause (i) shall be 

24 considered to be indicated on the 

mstockstill on PROD1PC66 with BILLS

10 

•S 3669 IS

1 maps for each outer Continental Shelf 

2 region entitled— 

3 ‘‘(aa) ‘Alaska OCS Region 

4 State Adjacent Zone and OCS 

5 Planning Areas’; 

6 ‘‘(bb) ‘Pacific OCS Region 

7 State Adjacent Zones and OCS 

8 Planning Areas’; 

9 ‘‘(cc) ‘Gulf of Mexico OCS 

10 Region State Adjacent Zones and 

11 OCS Planning Areas’; and 

12 ‘‘(dd) ‘Atlantic OCS Region 

13 State Adjacent Zones and OCS 

14 Planning Areas’. 

15 ‘‘(II) MAPS.—For the purpose of 

16 subclause (I), all of the maps de17 scribed in subclause (I) are dated 

18 September 2005 and on file in the Of19 fice of the Director, Minerals Manage20 ment Service. 

21 ‘‘(III) GULF OF MEXICO.—Sub22 clause (I) shall not apply with respect 

23 to the treatment under section 105 of 

24 the Gulf of Mexico Energy Security 

25 Act of 2006 (43 U.S.C. 1331 note; 

mstockstill on PROD1PC66 with BILLS

11 

•S 3669 IS

1 Public Law 109–432) of qualified 

2 outer Continental Shelf revenues de3 posited and disbursed under section 

4 105(a)(2) of that Act.’’; and 

5 (C) by striking ‘‘All of such applicable 

6 laws’’ and inserting the following: 

7 ‘‘(iii) ADMINISTRATION; ENFORCE8 MENT.—The applicable laws described in 

9 subparagraph (A)’’. 

10 Subtitle B—Leasing Program for 

11 Land Within Coastal Plain 

12 SEC. 111. DEFINITIONS. 

13 In this subtitle: 

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

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

16 Coastal Plain Area’’ on the map. 

17 (2) FEDERAL AGREEMENT.—The term ‘‘Fed18 eral Agreement’’ means the Federal Agreement and 

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

20 issued on January 23, 1974, in accordance with sec21 tion 28 of the Mineral Leasing Act (30 U.S.C. 185) 

22 and the Trans-Alaska Pipeline Authorization Act 

23 (43 U.S.C. 1651 et seq.). 

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

25 Statement’’ means the final legislative environmental 

mstockstill on PROD1PC66 with BILLS

12 

•S 3669 IS

1 impact statement on the Coastal Plain, dated April 

2 1987, and prepared pursuant to section 1002 of the 

3 Alaska National Interest Lands Conservation Act 

4 (16 U.S.C. 3142) and section 102(2)(C) of the Na5 tional Environmental Policy Act of 1969 (42 U.S.C. 

6 4332(2)(C)). 

7 (4) MAP.—The term ‘‘map’’ means the map en8 titled ‘‘Arctic National Wildlife Refuge’’, dated Sep9 tember 2005, and prepared by the United States Ge10 ological Survey. 

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

12 the Secretary of the Interior (or the designee of the 

13 Secretary), acting through the Director of the Bu14 reau of Land Management in consultation with the 

15 Director of the United States Fish and Wildlife 

16 Service and in coordination with a State coordinator 

17 appointed by the Governor of the State of Alaska. 

18 SEC. 112. LEASING PROGRAM FOR LAND WITHIN THE 

19 COASTAL PLAIN. 

20 (a) IN GENERAL.— 

21 (1) AUTHORIZATION.—Congress authorizes the 

22 exploration, leasing, development, production, and 

23 economically feasible and prudent transportation of 

24 oil and gas in and from the Coastal Plain. 

mstockstill on PROD1PC66 with BILLS

13 

•S 3669 IS

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

2 actions as are necessary— 

3 (A) to establish and implement, in accord4 ance with this subtitle, a competitive oil and 

5 gas leasing program that will result in an envi6 ronmentally sound program for the exploration, 

7 development, and production of the oil and gas 

8 resources of the Coastal Plain while taking into 

9 consideration the interests and concerns of resi10 dents of the Coastal Plain, which is the home11 land of the Kaktovikmiut Inupiat; and 

12 (B) to administer this subtitle through reg13 ulations, lease terms, conditions, restrictions, 

14 prohibitions, stipulations, and other provisions 

15 that— 

16 (i) ensure the oil and gas exploration, 

17 development, and production activities on 

18 the Coastal Plain will result in no signifi19 cant adverse effect on fish and wildlife, 

20 their habitat, subsistence resources, and 

21 the environment; and 

22 (ii) require the application of the best 

23 commercially available technology for oil 

24 and gas exploration, development, and pro25 duction to all exploration, development, 

mstockstill on PROD1PC66 with BILLS

14 

•S 3669 IS

1 and production operations under this sub2 title in a manner that ensures the receipt 

3 of fair market value by the public for the 

4 mineral resources to be leased. 

5 (b) REPEAL.— 

6 (1) REPEAL.—Section 1003 of the Alaska Na7 tional Interest Lands Conservation Act (16 U.S.C. 

8 3143) is repealed. 

9 (2) CONFORMING AMENDMENT.—The table of 

10 contents contained in section 1 of that Act (16 

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

12 relating to section 1003. 

13 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER14 TAIN OTHER LAWS.— 

15 (1) COMPATIBILITY.—For purposes of the Na16 tional Wildlife Refuge System Administration Act of 

17 1966 (16 U.S.C. 668dd et seq.)— 

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

19 program, and activities authorized by this sec20 tion in the Coastal Plain, shall be considered to 

21 be compatible with the purposes for which the 

22 Arctic National Wildlife Refuge was established; 

23 and 

mstockstill on PROD1PC66 with BILLS

15 

•S 3669 IS

1 (B) no further findings or decisions shall 

2 be required to implement that program and 

3 those activities. 

4 (2) ADEQUACY OF THE DEPARTMENT OF THE

5 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

6 STATEMENT.—The Final Statement shall be consid7 ered to satisfy the requirements under the National 

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

9 et seq.) that apply with respect to pre-leasing activi10 ties, including exploration programs and actions au11 thorized to be taken by the Secretary to develop and 

12 promulgate the regulations for the establishment of 

13 a leasing program authorized by this subtitle before 

14 the conduct of the first lease sale. 

15 (3) COMPLIANCE WITH NEPA FOR OTHER AC16 TIONS.— 

17 (A) IN GENERAL.—Before conducting the 

18 first lease sale under this subtitle, the Secretary 

19 shall prepare an environmental impact state20 ment in accordance with the National Environ21 mental Policy Act of 1969 (42 U.S.C. 4321 et 

22 seq.) with respect to the actions authorized by 

23 this subtitle that are not referred to in para24 graph (2). 

mstockstill on PROD1PC66 with BILLS

16 

•S 3669 IS

1 (B) IDENTIFICATION AND ANALYSIS.— 

2 Notwithstanding any other provision of law, in 

3 carrying out this paragraph, the Secretary shall 

4 not be required— 

5 (i) to identify nonleasing alternative 

6 courses of action; or 

7 (ii) to analyze the environmental ef8 fects of those courses of action. 

9 (C) IDENTIFICATION OF PREFERRED AC10 TION.—Not later than 18 months after the date 

11 of enactment of this Act, the Secretary shall— 

12 (i) identify only a preferred action and 

13 a single leasing alternative for the first 

14 lease sale authorized under this subtitle; 

15 and 

16 (ii) analyze the environmental effects 

17 and potential mitigation measures for 

18 those 2 alternatives. 

19 (D) PUBLIC COMMENTS.—In carrying out 

20 this paragraph, the Secretary shall consider 

21 only public comments that are filed not later 

22 than 20 days after the date of publication of a 

23 draft environmental impact statement. 

24 (E) EFFECT OF COMPLIANCE.—Notwith25 standing any other provision of law, compliance 

mstockstill on PROD1PC66 with BILLS

17 

•S 3669 IS

1 with this paragraph shall be considered to sat2 isfy all requirements for the analysis and con3 sideration of the environmental effects of pro4 posed leasing under this subtitle. 

5 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR6 ITY.—Nothing in this subtitle expands or limits any State 

7 or local regulatory authority. 

8 (e) SPECIAL AREAS.— 

9 (1) DESIGNATION.— 

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

11 consultation with the State of Alaska, the 

12 North Slope Borough, Alaska, and the City of 

13 Kaktovik, Alaska, may designate not more than 

14 45,000 acres of the Coastal Plain as a special 

15 area if the Secretary determines that the special 

16 area would be of such unique character and in17 terest as to require special management and 

18 regulatory protection. 

19 (B) SADLEROCHIT SPRING AREA.—The 

20 Secretary shall designate as a special area in 

21 accordance with subparagraph (A) the 

22 Sadlerochit Spring area, comprising approxi23 mately 4,000 acres as depicted on the map. 

mstockstill on PROD1PC66 with BILLS

18 

•S 3669 IS

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 techmstockstill on PROD1PC66 with BILLS

19 

•S 3669 IS

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 

mstockstill on PROD1PC66 with BILLS

20 

•S 3669 IS

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— 

mstockstill on PROD1PC66 with BILLS

21 

•S 3669 IS

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. 

mstockstill on PROD1PC66 with BILLS

22 

•S 3669 IS

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; 

mstockstill on PROD1PC66 with BILLS

23 

•S 3669 IS

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. 

mstockstill on PROD1PC66 with BILLS

24 

•S 3669 IS

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; 

mstockstill on PROD1PC66 with BILLS

25 

•S 3669 IS

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— 

mstockstill on PROD1PC66 with BILLS

26 

•S 3669 IS

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— 

mstockstill on PROD1PC66 with BILLS

27 

•S 3669 IS

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 

mstockstill on PROD1PC66 with BILLS

28 

•S 3669 IS

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 

mstockstill on PROD1PC66 with BILLS

29 

•S 3669 IS

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)— 

mstockstill on PROD1PC66 with BILLS

30 

•S 3669 IS

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, 

mstockstill on PROD1PC66 with BILLS

31 

•S 3669 IS

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. 

mstockstill on PROD1PC66 with BILLS

32 

•S 3669 IS

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. 

mstockstill on PROD1PC66 with BILLS

33 

•S 3669 IS

1 SEC. 117. RIGHTS-OF-WAY AND EASEMENTS ACROSS COAST2 AL PLAIN. 

3 For purposes of section 1102(4)(A) of the Alaska Na4 tional Interest Lands Conservation Act (16 U.S.C. 

5 3162(4)(A)), any rights-of-way or easements across the 

6 Coastal Plain for the exploration, development, produc7 tion, or transportation of oil and gas shall be considered 

8 to be established incident to the management of the Coast9 al Plain under this section. 

10 SEC. 118. CONVEYANCE. 

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

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

13 3192(h)(2)), to remove any cloud on title to land, and to 

14 clarify land ownership patterns in the Coastal Plain, the 

15 Secretary shall— 

16 (1) to the extent necessary to fulfill the entitle17 ment of the Kaktovik Inupiat Corporation under sec18 tions 12 and 14 of the Alaska Native Claims Settle19 ment Act (43 U.S.C. 1611, 1613), as determined by 

20 the Secretary, convey to that Corporation the sur21 face estate of the land described in paragraph (1) of 

22 Public Land Order 6959, in accordance with the 

23 terms and conditions of the agreement between the 

24 Secretary, the United States Fish and Wildlife Serv25 ice, the Bureau of Land Management, and the 

mstockstill on PROD1PC66 with BILLS

34 

•S 3669 IS

1 Kaktovik Inupiat Corporation, dated January 22, 

2 1993; and 

3 (2) convey to the Arctic Slope Regional Cor4 poration the remaining subsurface estate to which 

5 that Corporation is entitled under the agreement be6 tween that corporation and the United States, dated 

7 August 9, 1983. 

8 SEC. 119. LOCAL GOVERNMENT IMPACT AID AND COMMU9 NITY SERVICE ASSISTANCE. 

10 (a) ESTABLISHMENT OF FUND.— 

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

12 of funds under section 120(1), the State of Alaska 

13 shall establish in the treasury of the State, and ad14 minister in accordance with this section, a fund to 

15 be known as the ‘‘Coastal Plain Local Government 

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

17 section as the ‘‘Fund’’). 

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

19 Secretary of the Treasury shall deposit into the 

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

21 available under section 120(1). 

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

23 of Alaska (referred to in this section as the ‘‘Gov24 ernor’’) shall invest amounts in the Fund in interestmstockstill on PROD1PC66 with BILLS

35 

•S 3669 IS

1 bearing securities of the United States or the State 

2 of Alaska. 

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

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

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

6 Alaska, the City of Kaktovik, Alaska, and any other bor7 ough, municipal subdivision, village, or other community 

8 in the State of Alaska that is directly impacted by explo9 ration for, or the production of, oil or gas on the Coastal 

10 Plain under this subtitle, or any Alaska Native Regional 

11 Corporation acting on behalf of the villages and commu12 nities within its region whose land lies along the right of 

13 way of the Trans Alaska Pipeline System, as determined 

14 by the Governor. 

15 (c) APPLICATION.— 

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

17 subsection (b), a community or Regional Corporation 

18 described in that subsection shall submit to the Gov19 ernor, or to the Mayor of the North Slope Borough, 

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

21 containing such information as the Governor may re22 quire. 

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

24 Mayor of the North Slope Borough shall submit to 

25 the Governor each application received under paramstockstill on PROD1PC66 with BILLS

36 

•S 3669 IS

1 graph (1) as soon as practicable after the date on 

2 which the application is received. 

3 (3) ASSISTANCE OF GOVERNOR.—The Governor 

4 shall assist communities in submitting applications 

5 under this subsection, to the maximum extent prac6 ticable. 

7 (d) USE OF FUNDS.—A community or Regional Cor8 poration that receives funds under subsection (b) may use 

9 the funds— 

10 (1) to plan for mitigation, implement a mitiga11 tion plan, or maintain a mitigation project to ad12 dress the potential effects of oil and gas exploration 

13 and development on environmental, social, cultural, 

14 recreational, and subsistence resources of the com15 munity; 

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

17 (A) a project to provide new or expanded 

18 public facilities; or 

19 (B) services to address the needs and prob20 lems associated with the effects described in 

21 paragraph (1), including firefighting, police, 

22 water and waste treatment, first responder, and 

23 other medical services; 

24 (3) to compensate residents of the Coastal 

25 Plain for significant damage to environmental, somstockstill on PROD1PC66 with BILLS

37 

•S 3669 IS

1 cial, cultural, recreational, or subsistence resources; 

2 and 

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

4 (A) to develop a mechanism for providing 

5 members of the Kaktovikmiut Inupiat commu6 nity an opportunity to— 

7 (i) monitor development on the Coast8 al Plain; and 

9 (ii) provide information and rec10 ommendations to the Governor based on 

11 traditional aboriginal knowledge of the nat12 ural resources, flora, fauna, and ecological 

13 processes of the Coastal Plain; and 

14 (B) to establish a local coordination office, 

15 to be managed by the Mayor of the North Slope 

16 Borough, in coordination with the City of 

17 Kaktovik, Alaska— 

18 (i) to coordinate with and advise de19 velopers on local conditions and the history 

20 of areas affected by development; 

21 (ii) to provide to the Committee on 

22 Resources of the House of Representatives 

23 and the Committee on Energy and Natural 

24 Resources of the Senate annual reports on 

25 the status of the coordination between demstockstill on PROD1PC66 with BILLS

38 

•S 3669 IS

1 velopers and communities affected by de2 velopment; 

3 (iii) to collect from residents of the 

4 Coastal Plain information regarding the 

5 impacts of development on fish, wildlife, 

6 habitats, subsistence resources, and the en7 vironment of the Coastal Plain; and 

8 (iv) to ensure that the information 

9 collected under clause (iii) is submitted 

10 to— 

11 (I) developers; and 

12 (II) any appropriate Federal 

13 agency. 

14 SEC. 120. ALLOCATION OF REVENUES. 

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

16 181 et seq.) or any other provision of law, of the adjusted 

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

18 gas leasing and operations authorized under this subtitle: 

19 (1) 27 percent shall be disbursed to the State 

20 of Alaska. 

21 (2) 25 percent shall be deposited in the Con22 servation Reserve Account established by section 

23 201(a)(1). 

mstockstill on PROD1PC66 with BILLS

39 

•S 3669 IS

1 (3) 25 percent shall be deposited in the Renew2 able Energy Reserve Account established by section 

3 201(a)(2). 

4 (4) 20 percent shall be deposited in the general 

5 fund of the Treasury of the United States for debt 

6 reduction. 

7 (5) 3 percent shall be available to the Secretary 

8 of Health and Human Services for carrying out the 

9 low-income home energy assistance program estab10 lished under the Low-Income Home Energy Assist11 ance Act of 1981 (42 U.S.C. 8621 et seq.). 

12 Subtitle C—Oil Shale 

13 SEC. 131. REMOVAL OF PROHIBITION ON FINAL REGULA14 TIONS FOR COMMERCIAL LEASING PROGRAM 

15 FOR OIL SHALE RESOURCES ON PUBLIC 

16 LAND. 

17 Section 433 of the Department of the Interior, Envi18 ronment, and Related Agencies Appropriations Act, 2008 

19 (Public Law 110–161; 121 Stat. 2152) is repealed. 

mstockstill on PROD1PC66 with BILLS

40 

•S 3669 IS

1 TITLE II—ALTERNATIVE 

2 ENERGY AND CONSERVATION 

3 Subtitle A—Conservation Reserve 

4 and Renewable Energy Reserve 

5 Accounts 

6 SEC. 201. CONSERVATION RESERVE AND RENEWABLE EN7 ERGY RESERVE ACCOUNTS. 

8 (a) IN GENERAL.—For budgetary purposes, there are 

9 established in the Treasury of the United States as sepa10 rate accounts— 

11 (1) the Conservation Reserve Account, to offset 

12 the cost of legislation enacted on or after the date 

13 of enactment of this Act for conservation programs 

14 (including weatherization) and conservation tax 

15 credits and deductions for energy efficiency in the 

16 residential, commercial, industrial, and public sec17 tors (including conservation districts); and 

18 (2) the Renewable Energy Reserve Account, to 

19 offset the cost of legislation enacted on or after the 

20 date of enactment of this Act— 

21 (A) to accelerate the use of cleaner domes22 tic energy resources and alternative fuels; 

23 (B) to promote the use of energy-efficient 

24 products and practices; and 

mstockstill on PROD1PC66 with BILLS

41 

•S 3669 IS

1 (C) to increase research, development, and 

2 deployment of clean renewable energy and effi3 ciency technologies and job training programs 

4 for those purposes. 

5 (b) PROCEDURE FOR ADJUSTMENTS.— 

6 (1) BUDGET COMMITTEE CHAIRMAN.—After the 

7 reporting of a bill or joint resolution, or the offering 

8 of an amendment or the submission of a conference 

9 report for a bill or joint resolution, that provides 

10 funding for the purposes described in paragraph (1) 

11 or (2) of subsection (a) in excess of the amount of 

12 the deposits under this Act or an amendment made 

13 by this Act for those purposes for fiscal year 2009, 

14 the chairman of the Committee on the Budget of the 

15 applicable House of Congress shall make the adjust16 ments described in paragraph (2) for the amount of 

17 new budget authority and outlays in that measure 

18 and the outlays resulting from the budget authority. 

19 (2) MATTERS TO BE ADJUSTED.—The adjust20 ments referred to in paragraph (1) shall be made 

21 to— 

22 (A) the discretionary spending limits, if 

23 any, specified in the appropriate concurrent res24 olution on the budget; 

mstockstill on PROD1PC66 with BILLS

42 

•S 3669 IS

1 (B) the allocations made pursuant to the 

2 appropriate concurrent resolution on the budget 

3 pursuant to section 302(a) of the Congressional 

4 Budget Act of 1974 (2 U.S.C. 633(a)); and 

5 (C) the budget aggregates contained in the 

6 appropriate concurrent resolution on the budget 

7 as required by section 301(a) of the Congres8 sional Budget Act of 1974 (2 U.S.C. 632(a)). 

9 (3) AMOUNTS OF ADJUSTMENTS.—The adjust10 ments referred to in paragraphs (1) and (2) shall 

11 not exceed the receipts estimated by the Congres12 sional Budget Office that are attributable to this Act 

13 and the amendments made by this Act for the fiscal 

14 year in which the adjustments are made. 

15 (c) CONSULTATION.—Legislation shall not be treated 

16 as legislation referred to in subsection (a) unless any ex17 penditure under the legislation for a purpose referred to 

18 in that subsection may be made only after consultation 

19 with (as appropriate)— 

20 (1) the Administrator of the Environmental 

21 Protection Agency; 

22 (2) the Administrator of the National Oceanic 

23 and Atmospheric Administration; 

24 (3) the Secretary of the Army, acting through 

25 the Corps of Engineers; and 

mstockstill on PROD1PC66 with BILLS

43 

•S 3669 IS

1 (4) the Secretary of State. 

2 (d) MAINTENANCE OF EFFORT BY STATES.—The 

3 Secretary of the Interior, the Secretary of Health and 

4 Human Services, the Secretary of Energy, and any other 

5 Federal official with authority to implement legislation re6 ferred to in subsection (a) shall ensure that financial as7 sistance provided to a State under the legislation for any 

8 purpose with amounts made available under this section 

9 or in any legislation with respect to which subsection (a) 

10 applies supplements, and does not replace, the amounts 

11 expended by the State for that purpose before the date 

12 of enactment of this Act. 

13 Subtitle B—Department of Defense 

14 Facilitation of Secure Domestic 

15 Fuel Development 

16 SEC. 211. PROCUREMENT AND ACQUISITION OF ALTER17 NATIVE FUELS. 

18 Section 526 of the Energy Independence and Security 

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

Æ 

mstockstill on PROD1PC66 with BILLS