I 

112TH CONGRESS 

1ST SESSION H. R. 3302 

To create private sector jobs by simplifying the tax code, increasing domestic 

energy production, reforming government regulations, and strengthening 

workforce training programs. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 1, 2011 

Mr. ROONEY introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Oversight and Government Reform, Energy and Commerce, Rules, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To create private sector jobs by simplifying the tax code, 

increasing domestic energy production, reforming government regulations, and strengthening workforce training 

programs. 

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 ‘‘Restore America Act of 2011’’. 

6 (b) TABLE OF CONTENTS.— 


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Sec. 1. Short title; table of contents. 

TITLE I—ENERGY 

Sec. 100. Findings. 

Subtitle A—Outer Continental Shelf 

Sec. 101. Leasing program considered approved. 

Sec. 102. Outer Continental Shelf lease sales. 

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

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

Sec. 105. Grant of leases by Secretary. 

Sec. 106. Disposition of receipts. 

Sec. 107. Outer Continental Shelf leasing program. 

Sec. 108. Coordination with Adjacent States. 

Sec. 109. Environmental studies. 

Sec. 110. Seaward boundaries of States. 

Sec. 111. Outer Continental Shelf incompatible use. 

Sec. 112. Repurchase of certain leases. 

Sec. 113. Offsite environmental mitigation. 

Subtitle B—Arctic National Wildlife Refuge 

Sec. 121. Definitions. 

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

Sec. 123. Lease sales. 

Sec. 124. Grant of leases by the Secretary. 

Sec. 125. Lease terms and conditions. 

Sec. 126. Coastal Plain environmental protection. 

Sec. 127. Expedited judicial review. 

Sec. 128. Federal and State distribution of revenues. 

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

Sec. 130. Conveyance. 

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

Subtitle C—Oil Shale 

Sec. 141. Oil shale. 

Subtitle D—Coal-to-Liquid 

Sec. 151. Definitions relating to coal-to-liquid fuel and facilities. 

Sec. 152. Repeal. 

Subtitle E—Nuclear 

Sec. 161. Findings and policy. 

Sec. 162. 200 operating permits by 2040. 

Sec. 163. Repeal of Office of Civilian Radioactive Waste Management. 

Sec. 164. Radiological material repository. 

Sec. 165. Independent radiological material management. 

Sec. 166. Spent nuclear fuel recycling. 

Sec. 167. Nuclear fuel supply reserve. 

Sec. 168. Public health and safety. 

Sec. 169. Streamlining Combined Construction and Operating License. 

Sec. 170. Reactor design certification. 

Sec. 171. Technology-neutral plant design specifications. 


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Sec. 172. Next Generation Nuclear Plant. 

Sec. 173. Uranium mining on Federal lands. 

Sec. 174. Small and modular reactor licensing. 

Sec. 175. Limitation on regulatory time frame. 

Sec. 176. Definition. 

TITLE II—REGULATORY REFORM 

Sec. 201. Purpose. 

Sec. 202. Congressional review of agency rulemaking. 

TITLE III—TAX REFORM 

Sec. 301. Reduction in corporate income tax rates. 

Sec. 302. 2003 tax reductions on domestic dividends made permanent. 

Sec. 303. Small business expensing for small business made permanent. 

Sec. 304. Permanent extension of estate tax relief. 

Sec. 305. Additional savings. 

TITLE IV—WORKFORCE INVESTMENT 

Sec. 401. Sense of Congress regarding the need to reauthorize the Workforce 

Investment Act of 1998. 

1 TITLE I—ENERGY 

2 SEC. 100. FINDINGS. 

3 The Congress finds the following: 

4 (1) The United States is blessed with abundant 

5 energy resources on the outer Continental Shelf and 

6 has developed a comprehensive framework of envi7 ronmental laws and regulations and fostered the de8 velopment of state-of-the-art technology that allows 

9 for the responsible development of these resources 

10 for the benefit of its citizenry. 

11 (2) Adjacent States are required by the cir12 cumstances to commit significant resources in sup13 port of exploration, development, and production ac14 tivities for mineral resources on the outer Conti15 nental Shelf, and it is fair and proper for a portion 


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1 of the receipts from such activities to be shared with 

2 Adjacent States and their local coastal governments. 

3 (3) Development of domestic oil and gas re4 sources can be accomplished in a safe and environ5 mentally responsible manner. 

6 Subtitle A—Outer Continental 

7 Shelf 

8 SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 

9 (a) IN GENERAL.—The Draft Proposed Outer Conti10 nental Shelf (OCS) Oil and Gas Leasing Program 2010– 

11 2015 released by the Secretary of the Interior (referred 

12 to in this section as the ‘‘Secretary’’) in January 2009, 

13 under section 18 of the Outer Continental Shelf Lands 

14 Act (43 U.S.C. 1344), is considered to have been approved 

15 by the Secretary as a final oil and gas leasing program 

16 under that section, and is considered to be in full compli17 ance with and in accordance with all requirements of the 

18 Outer Continental Shelf Lands Act, National Environ19 mental Policy Act of 1969, Endangered Species Act of 

20 1973, Clean Air Act, Marine Mammal Protection Act of 

21 1972, Oil Pollution Act of 1990, and all other applicable 

22 laws. 

23 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

24 The Secretary is considered to have issued a legally suffi25 cient final environmental impact statement for the proVerDate Mar 15 2010 23:10 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3302.IH H3302

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1 gram described in subsection (a) in accordance with all 

2 requirements under section 102(2)(C) of the National En3 vironmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), 

4 and all other applicable laws. 

5 SEC. 102. OUTER CONTINENTAL SHELF LEASE SALES. 

6 (a) IN GENERAL.—Except as provided in subsection 

7 (b), not later than 30 days after the date of enactment 

8 of this Act and every 270 days thereafter, the Secretary 

9 of the Interior (referred to in this section as the ‘‘Sec10 retary’’) shall conduct a lease sale in each outer Conti11 nental Shelf area for which the Secretary determines that 

12 there is a commercial interest in purchasing Federal oil 

13 and gas leases for production on the outer Continental 

14 Shelf. 

15 (b) SUBSEQUENT DETERMINATIONS AND SALES.—If 

16 the Secretary determines that there is not a commercial 

17 interest in purchasing Federal oil and gas leases for pro18 duction on the outer Continental Shelf in an area under 

19 subsection (a), not later than 2 years after the date of 

20 such determination, and every 2 years thereafter, the Sec21 retary shall— 

22 (1) reevaluate whether there is commercial in23 terest in purchasing Federal oil and gas leases for 

24 production on the outer Continental Shelf in the 

25 area; and 


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

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

4 SEC. 103. DEFINITIONS UNDER THE OUTER CONTINENTAL 

5 SHELF LANDS ACT. 

6 Section 2 of the Outer Continental Shelf Lands Act 

7 (43 U.S.C. 1331) is amended— 

8 (1) in the matter preceding subsection (a), by 

9 striking ‘‘When used in this Act—’’ and inserting 

10 ‘‘In this Act:’’; 

11 (2) in subsection (a), by inserting after ‘‘con12 trol’’ the following: ‘‘, or lying within the United 

13 States exclusive economic zone adjacent to the Terri14 tories of the United States’’; 

15 (3) by amending subsection (f) to read as fol16 lows: 

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

18 State’.’’; 

19 (4) by striking the semicolon at the end of each 

20 of subsections (a) through (o) and inserting a pe21 riod; 

22 (5) by striking ‘‘; and’’ at the end of subsection 

23 (p) and inserting a period; and 

24 (6) by adding at the end the following: 


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

2 to any program, plan, lease sale, leased tract, or other ac3 tivity, proposed, conducted, or approved pursuant to the 

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

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

6 United States for the portion of the outer Continental 

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

8 tract appertains or on which such activity is, or is pro9 posed to be, conducted. For purposes of this paragraph, 

10 the term ‘State’ includes the Commonwealth of Puerto 

11 Rico, the Commonwealth of the Northern Mariana Is12 lands, the Virgin Islands, American Samoa, Guam, and 

13 the other Territories of the United States. 

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

15 to any program, plan, lease sale, leased tract, or other ac16 tivity, proposed, conducted, or approved pursuant to the 

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

18 Shelf for which the laws of a particular Adjacent State 

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

20 of the United States. 

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

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

23 the term ‘coast line’ as defined in section 2(c) of the Sub24 merged Lands Act (43 U.S.C. 1301(c)).’’. 


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1 SEC. 104. DETERMINATION OF ADJACENT ZONES AND OCS 

2 PLANNING AREAS. 

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

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

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

6 that follows through the end of the sentence and inserting 

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

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

9 are as indicated on the maps for each outer Continental 

10 Shelf region entitled ‘Alaska OCS Region State Adjacent 

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

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

13 Mexico OCS Region State Adjacent Zones and OCS Plan14 ning Areas’, and ‘Atlantic OCS Region State Adjacent 

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

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

17 Bureau of Ocean Energy Management, Regulation and 

18 Enforcement.’’. 

19 SEC. 105. GRANT OF LEASES BY SECRETARY. 

20 Section 8 of the Outer Continental Shelf Lands Act 

21 (43 U.S.C. 1337) is amended— 

22 (1) by adding at the end of subsection (b) the 

23 following: 

24 ‘‘The Secretary may issue more than one lease for 

25 a given tract if each lease applies to a separate and dis26 tinct range of vertical depths, horizontal surface area, or 


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1 a combination of the two. The Secretary may issue regula2 tions that the Secretary determines are necessary to man3 age such leases consistent with the purposes of this Act.’’; 

4 (2) by amending subsection (p)(2)(B) to read 

5 as follows: 

6 ‘‘(B) The Secretary shall provide for the 

7 payment to coastal States, and their local coast8 al governments, of 75 percent of Federal re9 ceipts from projects authorized under this sec10 tion located partially or completely within the 

11 area extending seaward of State submerged 

12 lands out to 4 marine leagues from the coast13 line, and the payment to coastal States of 50 

14 percent of the receipts from projects completely 

15 located in the area more than 4 marine leagues 

16 from the coastline. Payments shall be based on 

17 a formula established by the Secretary by rule18 making no later than 180 days after the date 

19 of the enactment of the Restore America Act of 

20 2011 that provides for equitable distribution, 

21 based on proximity to the project, among coast22 al States that have coastline that is located 

23 within 200 miles of the geographic center of the 

24 project.’’; 

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


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1 ‘‘(q) REMOVAL OF RESTRICTIONS ON JOINT BIDDING

2 IN CERTAIN AREAS OF THE OUTER CONTINENTAL

3 SHELF.—Restrictions on joint bidders shall no longer 

4 apply to tracts located in the Alaska OCS Region. Such 

5 restrictions shall not apply to tracts in other OCS regions 

6 determined to be ‘frontier tracts’ or otherwise ‘high cost 

7 tracts’ under final regulations that shall be published by 

8 the Secretary by not later than 365 days after the date 

9 of the enactment of this subsection. 

10 ‘‘(r) CONSERVATION OF RESOURCES FEES.—Not 

11 later than one year after the date of the enactment of this 

12 subsection, the Secretary by regulation shall establish a 

13 conservation of resources fee for nonproducing leases that 

14 will apply to new and existing leases which shall be set 

15 at $3.75 per acre per year. This fee shall apply from and 

16 after January 1, 2012, and shall be treated as offsetting 

17 receipts.’’; 

18 (4) by striking subsection (a)(3)(A) and redes19 ignating the subsequent subparagraphs as subpara20 graphs (A) and (B), respectively; 

21 (5) in subsection (a)(3)(A) (as so redesignated) 

22 by striking ‘‘In the Western’’ and all that follows 

23 through ‘‘the Secretary’’ the first place it appears 

24 and inserting ‘‘The Secretary’’; and 


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1 (6) effective January 1, 2012, in subsection 

2 (g)— 

3 (A) by striking all after ‘‘(g)’’, except para4 graph (3); 

5 (B) by striking the last sentence of para6 graph (3); and 

7 (C) by striking ‘‘(3)’’. 

8 SEC. 106. DISPOSITION OF RECEIPTS. 

9 Section 9 of the Outer Continental Shelf Lands Act 

10 (43 U.S.C. 1338) is amended— 

11 (1) by designating the existing text as sub12 section (a); 

13 (2) in subsection (a) (as so designated) by in14 serting ‘‘, if not paid as otherwise provided in this 

15 title’’ after ‘‘receipts’’; and 

16 (3) by adding the following: 

17 ‘‘(b) TREATMENT OF OCS RECEIPTS FROM TRACTS

18 COMPLETELY WITHIN 100 MILES OF THE COASTLINE.— 

19 ‘‘(1) DEPOSIT.—The Secretary shall deposit 

20 into a separate account in the Treasury the portion 

21 of OCS Receipts for each fiscal year that will be 

22 shared under paragraphs (2), (3), and (4). 

23 ‘‘(2) PHASED-IN RECEIPTS SHARING.— 


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1 ‘‘(A) Beginning January 1, 2012, the Sec2 retary shall share OCS Receipts derived from 

3 the following areas: 

4 ‘‘(i) Lease tracts located on portions 

5 of the Gulf of Mexico OCS Region com6 pletely beyond 4 marine leagues from any 

7 coastline and completely within 100 miles 

8 of any coastline that were available for 

9 leasing under the 2002–2007 5-Year OCS 

10 Oil and Gas Leasing Program. 

11 ‘‘(ii) Lease tracts in production prior 

12 to January 1, 2012, completely beyond 4 

13 marine leagues from any coastline and 

14 completely within 100 miles of any coast15 line located on portions of the OCS that 

16 were not available for leasing under the 

17 2002–2007 5-Year OCS Oil and Gas Leas18 ing Program. 

19 ‘‘(iii) Lease tracts for which leases are 

20 issued prior to January 1, 2012, located in 

21 the Alaska OCS Region completely beyond 

22 4 marine leagues from any coastline and 

23 completely within 100 miles of the coast24 line. 


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1 ‘‘(B) The Secretary shall share the fol2 lowing percentages of OCS Receipts from the 

3 leases described in subparagraph (A) derived 

4 during the fiscal year indicated: 

5 ‘‘(i) For fiscal year 2012, 5 percent. 

6 ‘‘(ii) For fiscal year 2013, 8 percent. 

7 ‘‘(iii) For fiscal year 2014, 11 per8 cent. 

9 ‘‘(iv) For fiscal year 2015, 14 percent. 

10 ‘‘(v) For fiscal year 2016, 17 percent. 

11 ‘‘(vi) For fiscal year 2017, 20 percent. 

12 ‘‘(vii) For fiscal year 2018, 23 per13 cent. 

14 ‘‘(viii) For fiscal year 2019, 26 per15 cent. 

16 ‘‘(ix) For fiscal year 2020, 29 percent. 

17 ‘‘(x) For fiscal year 2021, 32 percent. 

18 ‘‘(xi) For fiscal year 2022, 35 percent. 

19 ‘‘(xii) For fiscal year 2023 and each 

20 subsequent fiscal year, 37.5 percent. 

21 ‘‘(3) IMMEDIATE RECEIPTS SHARING.—Begin22 ning January 1, 2012, the Secretary shall share 

23 37.50 percent of OCS Receipts derived from all 

24 leases located completely beyond 4 marine leagues 

25 from any coastline and completely within 100 miles 


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1 of any coastline not included within the provisions of 

2 paragraph (2), and the balance shall be deposited in 

3 the Treasury. 

4 ‘‘(4) RECEIPTS SHARING FROM TRACTS WITHIN

5 4 MARINE LEAGUES OF ANY COASTLINE.— 

6 ‘‘(A) AREAS DESCRIBED IN PARAGRAPH

7 (2).—Beginning January 1, 2012, and con8 tinuing through September 30, 2013, the Sec9 retary shall share 25 percent of OCS Receipts 

10 derived from all leases located within 4 marine 

11 leagues from any coastline within areas de12 scribed in paragraph (2). For each fiscal year 

13 after September 30, 2013, the Secretary shall 

14 increase the percent shared in 5 percent incre15 ments each fiscal year until the sharing rate for 

16 all leases located within 4 marine leagues from 

17 any coastline within areas described in para18 graph (2) becomes 75 percent. 

19 ‘‘(B) AREAS NOT DESCRIBED IN PARA20 GRAPH (2).—Beginning January 1, 2012, the 

21 Secretary shall share 75 percent of OCS re22 ceipts derived from all leases located completely 

23 or partially within 4 marine leagues from any 

24 coastline within areas not described paragraph 

25 (2). 


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1 ‘‘(5) ALLOCATIONS.—The Secretary shall allo2 cate the OCS Receipts deposited into the separate 

3 account established by paragraph (1) that are 

4 shared under paragraphs (2), (3), and (4) as follows: 

5 ‘‘(A) BONUS BIDS.—Deposits derived from 

6 bonus bids from a leased tract, including inter7 est thereon, shall be allocated at the end of 

8 each fiscal year to the Adjacent State. 

9 ‘‘(B) ROYALTIES.—Deposits derived from 

10 royalties from a leased tract, including interest 

11 thereon, shall be allocated at the end of each 

12 fiscal year to the Adjacent State and any other 

13 producing State or States with a leased tract 

14 within its Adjacent Zone within 100 miles of its 

15 coastline that generated royalties during the fis16 cal year, if the other producing State or States 

17 have a coastline point within 300 miles of any 

18 portion of the leased tract, in which case the 

19 amount allocated for the leased tract shall be— 

20 ‘‘(i) one-third to the Adjacent State; 

21 and 

22 ‘‘(ii) two-thirds to each producing 

23 State, including the Adjacent State, in24 versely proportional to the distance be25 tween the nearest point on the coastline of 


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1 the producing State and the geographic 

2 center of the leased tract. 

3 ‘‘(c) TREATMENT OF OCS RECEIPTS FROM TRACTS

4 PARTIALLY OR COMPLETELY BEYOND 100 MILES OF THE

5 COASTLINE.— 

6 ‘‘(1) DEPOSIT.—The Secretary shall deposit 

7 into a separate account in the Treasury the portion 

8 of OCS Receipts for each fiscal year that will be 

9 shared under paragraphs (2) and (3). 

10 ‘‘(2) PHASED-IN RECEIPTS SHARING.— 

11 ‘‘(A) Beginning January 1, 2012, the Sec12 retary shall share OCS Receipts derived from 

13 the following areas: 

14 ‘‘(i) Lease tracts located on portions 

15 of the Gulf of Mexico OCS Region partially 

16 or completely beyond 100 miles of any 

17 coastline that were available for leasing 

18 under the 2002–2007 5-Year OCS Oil and 

19 Gas Leasing Program. 

20 ‘‘(ii) Lease tracts in production prior 

21 to January 1, 2012, partially or completely 

22 beyond 100 miles of any coastline located 

23 on portions of the OCS that were not 

24 available for leasing under the 2002–2007 


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1 5-Year OCS Oil and Gas Leasing Pro2 gram. 

3 ‘‘(iii) Lease tracts for which leases are 

4 issued prior to January 1, 2012, located in 

5 the Alaska OCS Region partially or com6 pletely beyond 100 miles of the coastline. 

7 ‘‘(B) The Secretary shall share the fol8 lowing percentages of OCS Receipts from the 

9 leases described in subparagraph (A) derived 

10 during the fiscal year indicated: 

11 ‘‘(i) For fiscal year 2012, 5 percent. 

12 ‘‘(ii) For fiscal year 2013, 8 percent. 

13 ‘‘(iii) For fiscal year 2014, 11 per14 cent. 

15 ‘‘(iv) For fiscal year 2015, 14 percent. 

16 ‘‘(v) For fiscal year 2016, 17 percent. 

17 ‘‘(vi) For fiscal year 2017, 20 percent. 

18 ‘‘(vii) For fiscal year 2018, 23 per19 cent. 

20 ‘‘(viii) For fiscal year 2019, 26 per21 cent. 

22 ‘‘(ix) For fiscal year 2020, 29 percent. 

23 ‘‘(x) For fiscal year 2021, 32 percent. 

24 ‘‘(xi) For fiscal year 2022, 35 percent. 


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1 ‘‘(xii) For fiscal year 2023 and each 

2 subsequent fiscal year, 37.5 percent. 

3 ‘‘(3) IMMEDIATE RECEIPTS SHARING.—Begin4 ning January 1, 2012, the Secretary shall share 

5 37.5 percent of OCS Receipts derived on and after 

6 January 1, 2012, from all leases located partially or 

7 completely beyond 100 miles of any coastline not in8 cluded within the provisions of paragraph (2), except 

9 that the Secretary shall only share 25 percent of 

10 such OCS Receipts derived from all such leases 

11 within a State’s Adjacent Zone if no leasing is al12 lowed within any portion of that State’s Adjacent 

13 Zone located completely within 100 miles of any 

14 coastline. 

15 ‘‘(4) ALLOCATIONS.—The Secretary shall allo16 cate the OCS Receipts deposited into the separate 

17 account established by paragraph (1) that are 

18 shared under paragraphs (2) and (3) as follows: 

19 ‘‘(A) BONUS BIDS.—Deposits derived from 

20 bonus bids from a leased tract, including inter21 est thereon, shall be allocated at the end of 

22 each fiscal year to the Adjacent State. 

23 ‘‘(B) ROYALTIES.—Deposits derived from 

24 royalties from a leased tract, including interest 

25 thereon, shall be allocated at the end of each 


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1 fiscal year to the Adjacent State and any other 

2 producing State or States with a leased tract 

3 within its Adjacent Zone partially or completely 

4 beyond 100 miles of its coastline that generated 

5 royalties during the fiscal year, if the other pro6 ducing State or States have a coastline point 

7 within 300 miles of any portion of the leased 

8 tract, in which case the amount allocated for 

9 the leased tract shall be— 

10 ‘‘(i) one-third to the Adjacent State; 

11 and 

12 ‘‘(ii) two-thirds to each producing 

13 State, including the Adjacent State, in14 versely proportional to the distance be15 tween the nearest point on the coastline of 

16 the producing State and the geographic 

17 center of the leased tract. 

18 ‘‘(d) TRANSMISSION OF ALLOCATIONS.—Not later 

19 than 90 days after the end of each fiscal year, the Sec20 retary shall transmit to each State 100 percent of such 

21 State’s allocations under subsections (b)(5)(A), (b)(5)(B), 

22 (c)(4)(A), and (c)(4)(B) for the immediate prior fiscal 

23 year. 

24 ‘‘(e) EFFECT OF FUTURE LAWS.—Enactment of any 

25 future Federal statute that has the effect, as determined 


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1 by the Secretary, of restricting any Federal agency from 

2 spending appropriated funds, or otherwise preventing it 

3 from fulfilling its pre-existing responsibilities as of the 

4 date of enactment of the statute, unless such responsibil5 ities have been reassigned to another Federal agency by 

6 the statute with no prevention of performance, to issue 

7 any permit or other approval impacting on the OCS oil 

8 and gas leasing program, or any lease issued thereunder, 

9 or to implement any provision of this Act shall automati10 cally prohibit any sharing of OCS Receipts under this sec11 tion directly with the States, and their coastal political 

12 subdivisions, for the duration of the restriction. The Sec13 retary shall make the determination of the existence of 

14 such restricting effects within 30 days of a petition by any 

15 outer Continental Shelf lessee or producing State. 

16 ‘‘(f) DEFINITIONS.—In this section: 

17 ‘‘(1) BONUS BIDS.—The term ‘bonus bids’ 

18 means all funds received by the Secretary to issue 

19 an outer Continental Shelf minerals lease. 

20 ‘‘(2) ROYALTIES.—The term ‘royalties’ means 

21 all funds received by the Secretary from production 

22 of oil or natural gas, or the sale of production taken 

23 in-kind, from an outer Continental Shelf minerals 

24 lease. 


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1 ‘‘(3) PRODUCING STATE.—The term ‘producing 

2 State’ means an Adjacent State having an Adjacent 

3 Zone containing leased tracts from which OCS Re4 ceipts were derived. 

5 ‘‘(4) OCS RECEIPTS.—The term ‘OCS Receipts’ 

6 means bonus bids, royalties, and conservation of re7 sources fees.’’. 

8 SEC. 107. OUTER CONTINENTAL SHELF LEASING PROGRAM. 

9 Section 18 of the Outer Continental Shelf Lands Act 

10 (43 U.S.C. 1344) is amended— 

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

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

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

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

15 leasing at least 75 percent of the available unleased 

16 acreage within each OCS Planning Area. Available 

17 unleased acreage is that portion of the outer Conti18 nental Shelf that is not under lease at the time of 

19 the proposed lease sale, and has not otherwise been 

20 made unavailable for leasing by law.’’; 

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

22 precedes paragraph (3) and inserting the following: 

23 ‘‘(c)(1) During the preparation of any proposed leas24 ing program under this section, the Secretary shall con25 sider and analyze leasing throughout the entire outer ConVerDate Mar 15 2010 23:10 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3302.IH H3302

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1 tinental Shelf without regard to any other law affecting 

2 such leasing. During this preparation, the Secretary shall 

3 invite and consider suggestions from any interested Fed4 eral agency, including the Attorney General, in consulta5 tion with the Federal Trade Commission, and from the 

6 Governor of any coastal State. The Secretary may also in7 vite or consider any suggestions from the executive of any 

8 local government in a coastal State that have been pre9 viously submitted to the Governor of such State, and from 

10 any other person. Further, the Secretary shall consult 

11 with the Secretary of Defense regarding military oper12 ational needs in the outer Continental Shelf. The Sec13 retary shall work with the Secretary of Defense to resolve 

14 any conflicts that might arise regarding offering any area 

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

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

17 any unresolved issues shall be elevated to the President 

18 for resolution. 

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

20 paragraph (1), including the consideration of the sugges21 tions received from any interested Federal agency, the 

22 Federal Trade Commission, the Governor of any coastal 

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

24 other person, the Secretary shall publish in the Federal 

25 Register a proposed leasing program accompanied by a 


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1 draft environmental impact statement prepared pursuant 

2 to the National Environmental Policy Act of 1969. After 

3 the publishing of the proposed leasing program and during 

4 the comment period provided for on the draft environ5 mental impact statement, the Secretary shall submit a 

6 copy of the proposed program to the Governor of each af7 fected State for review and comment. The Governor may 

8 solicit comments from those executives of local govern9 ments in the Governor’s State that the Governor, in the 

10 discretion of the Governor, determines will be affected by 

11 the proposed program. If any comment by such Governor 

12 is received by the Secretary at least 15 days prior to sub13 mission to the Congress pursuant to paragraph (3) and 

14 includes a request for any modification of such proposed 

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

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

17 request in such modified form as the Secretary considers 

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

19 All such correspondence between the Secretary and the 

20 Governor of any affected State, together with any addi21 tional information and data relating thereto, shall accom22 pany such proposed program when it is submitted to the 

23 Congress.’’; and 

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


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1 ‘‘(i) PROJECTION OF STATE ADJACENT ZONE RE2 SOURCES AND STATE AND LOCAL GOVERNMENT SHARES

3 OF OCS RECEIPTS.—Concurrent with the publication of 

4 the scoping notice at the beginning of the development of 

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

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

7 shall— 

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

9 estimate of proven and potential oil and gas re10 sources located within the State’s Adjacent Zone; 

11 and 

12 ‘‘(2) provide to each Adjacent State, and coast13 al political subdivisions thereof, a best efforts projec14 tion of the OCS Receipts that the Secretary expects 

15 will be shared with each Adjacent State, and its 

16 coastal political subdivisions, using the assumption 

17 that the unleased tracts within the State’s Adjacent 

18 Zone are fully made available for leasing, including 

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

20 Secretary shall include a macroeconomic estimate of 

21 the impact of such leasing on the national economy 

22 and each State’s economy, including investment, 

23 jobs, revenues, personal income, and other cat24 egories.’’. 


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1 SEC. 108. COORDINATION WITH ADJACENT STATES. 

2 Section 19 of the Outer Continental Shelf Lands Act 

3 (43 U.S.C. 1345) is amended— 

4 (1) in subsection (a) in the first sentence by in5 serting ‘‘, for any tract located within the Adjacent 

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

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

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

9 approve, without the concurrence of the Adjacent State, 

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

11 both) pipeline within the part of the Adjacent State’s Ad12 jacent Zone that is withdrawn from oil and gas leasing, 

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

14 Adjacent State’s concurrence, to pass through such Adja15 cent Zone if at least 50 percent of the production pro16 jected to be carried by the pipeline within its first 10 years 

17 of operation is from areas of the Adjacent State’s Adja18 cent Zone. 

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

20 its Adjacent Zone or its State waters of a natural gas pipe21 line that will transport natural gas produced from the 

22 outer Continental Shelf. However, an Adjacent State may 

23 prevent a proposed natural gas pipeline landing location 

24 if it proposes two alternate landing locations in the Adja25 cent State, acceptable to the Adjacent State, located withVerDate Mar 15 2010 23:10 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3302.IH H3302

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1 in 50 miles on either side of the proposed landing loca2 tion.’’. 

3 SEC. 109. ENVIRONMENTAL STUDIES. 

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

5 Act (43 U.S.C. 1346(d)) is amended— 

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

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

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

9 actions under this Act, the following shall apply re10 garding the application of the National Environ11 mental Policy Act of 1969: 

12 ‘‘(A) Granting or directing lease suspen13 sions and the conduct of all preliminary activi14 ties on outer Continental Shelf tracts, including 

15 seismic activities, are categorically excluded 

16 from the need to prepare either an environ17 mental assessment or an environmental impact 

18 statement, and the Secretary shall not be re19 quired to analyze whether any exceptions to a 

20 categorical exclusion apply for activities con21 ducted under the authority of this Act. 

22 ‘‘(B) The environmental impact statement 

23 developed in support of each 5-Year Oil and 

24 Gas Leasing Program provides the environ25 mental analysis for all lease sales to be conVerDate Mar 15 2010 23:10 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3302.IH H3302

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1 ducted under the program, and such sales shall 

2 not be subject to further environmental anal3 ysis. 

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

5 to any requirement to prepare an environmental 

6 impact statement, and the Secretary may find 

7 that exploration plans are eligible for categor8 ical exclusion due to the impacts already being 

9 considered within an environmental impact 

10 statement or due to mitigation measures in11 cluded within the plan. 

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

13 after the preparation of the first development 

14 and production plan environmental impact 

15 statement for a leased tract within the Area, fu16 ture development and production plans for 

17 leased tracts within the Area shall only require 

18 the preparation of an environmental assessment 

19 unless the most recent development and produc20 tion plan environmental impact statement with21 in the Area was finalized more than 10 years 

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

23 which case an environmental impact statement 

24 shall be required.’’. 


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1 SEC. 110. SEAWARD BOUNDARIES OF STATES. 

2 Section 4 of the Submerged Lands Act (43 U.S.C. 

3 1312) is amended— 

4 (1) in the first sentence by striking ‘‘original’’, 

5 and in the same sentence by striking ‘‘three geo6 graphical’’ and inserting ‘‘twelve nautical’’; and 

7 (2) by striking all after the first sentence and 

8 inserting the following: ‘‘Extension and delineation 

9 of lateral offshore State boundaries under the provi10 sions of this Act shall follow the lines used to deter11 mine the Adjacent Zones of coastal States under the 

12 Outer Continental Shelf Lands Act to the extent 

13 such lines extend twelve nautical miles for the near14 est coastline.’’. 

15 SEC. 111. OUTER CONTINENTAL SHELF INCOMPATIBLE 

16 USE. 

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

18 construction or operation (or both) of any facility, or des19 ignate or maintain a restricted transportation corridor or 

20 operating area on the Federal outer Continental Shelf or 

21 in State waters, that will be incompatible with, as deter22 mined by the Secretary of the Interior, oil and gas leasing 

23 and substantially full exploration and production of tracts 

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

25 both). 


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

2 any facility, transportation corridor, or operating area the 

3 construction, operation, designation, or maintenance of 

4 which is or will be— 

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

6 Shelf that is unavailable for oil and gas leasing by 

7 operation of law; 

8 (2) used for a military readiness activity (as de9 fined in section 315(f) of Public Law 107–314; 16 

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

11 (3) required in the national interest, as deter12 mined by the President. 

13 SEC. 112. REPURCHASE OF CERTAIN LEASES. 

14 (a) AUTHORITY TO REPURCHASE AND CANCEL CER15 TAIN LEASES.—The Secretary of the Interior may repur16 chase and cancel any Federal oil and gas, geothermal, 

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

18 onshore or offshore, but not including any outer Conti19 nental Shelf oil and gas leases that were subject to litiga20 tion in the Court of Federal Claims on January 1, 2006, 

21 if the Secretary finds that such lease qualifies for repur22 chase and cancellation under the regulations authorized 

23 by this section. 

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

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


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1 publish a final regulation stating the conditions under 

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

3 for repurchase and cancellation, and the process to be fol4 lowed regarding such repurchase and cancellation. 

5 (c) NO PREJUDICE.—This section shall not be inter6 preted to prejudice any other rights that the lessee would 

7 have in the absence of this section. 

8 SEC. 113. OFFSITE ENVIRONMENTAL MITIGATION. 

9 Notwithstanding any other provision of law, any per10 son conducting activities under the Mineral Leasing Act 

11 (30 U.S.C. 181 et seq.), the Geothermal Steam Act of 

12 1970 (30 U.S.C. 1001 et seq.), the Mineral Leasing Act 

13 for Acquired Lands (30 U.S.C. 351 et seq.), the Act of 

14 March 1, 1911 (commonly known as the Weeks Law) (36 

15 Stat. 961; ch. 186), the Act of May 10, 1872 (commonly 

16 known as the General Mining Act of 1872) (17 Stat. 91; 

17 30 U.S.C. 22 et seq.), the Act of July 31, 1947 (commonly 

18 known as the Materials Act of 1947) (61 Stat. 681; 30 

19 U.S.C. 601 et seq.), or the Outer Continental Shelf Lands 

20 Act (43 U.S.C. 1331 et seq.), may in satisfying any miti21 gation requirements associated with such activities pro22 pose mitigation measures on a site away from the area 

23 impacted, and the Secretary of the Interior shall accept 

24 these proposed measures if the Secretary finds that they 


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1 generally achieve the purposes for which mitigation meas2 ures appertained. 

3 Subtitle B—Arctic National Wildlife 

4 Refuge 

5 SEC. 121. DEFINITIONS. 

6 In this subtitle: 

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

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

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

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

11 as otherwise provided, means the Secretary of the 

12 Interior or the Secretary’s designee. 

13 SEC. 122. LEASING PROGRAM FOR LANDS WITHIN THE 

14 COASTAL PLAIN. 

15 (a) IN GENERAL.—The Secretary shall take such ac16 tions as are necessary— 

17 (1) to establish and implement, in accordance 

18 with this subtitle and acting through the Director of 

19 the Bureau of Land Management in consultation 

20 with the Director of the United States Fish and 

21 Wildlife Service, a competitive oil and gas leasing 

22 program that will result in an environmentally sound 

23 program for the exploration, development, and pro24 duction of the oil and gas resources of the Coastal 

25 Plain; and 


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1 (2) to administer the provisions of this subtitle 

2 through regulations, lease terms, conditions, restric3 tions, prohibitions, stipulations, and other provisions 

4 that ensure the oil and gas exploration, development, 

5 and production activities on the Coastal Plain will 

6 result in no significant adverse effect on fish and 

7 wildlife, their habitat, subsistence resources, and the 

8 environment, including, in furtherance of this goal, 

9 by requiring the application of the best commercially 

10 available technology for oil and gas exploration, de11 velopment, and production to all exploration, devel12 opment, and production operations under this sub13 title in a manner that ensures the receipt of fair 

14 market value by the public for the mineral resources 

15 to be leased. 

16 (b) REPEAL.— 

17 (1) REPEAL.—Section 1003 of the Alaska Na18 tional Interest Lands Conservation Act (16 U.S.C. 

19 3143) is repealed. 

20 (2) CONFORMING AMENDMENT.—The table of 

21 contents in section 1 of such Act is amended in the 

22 item relating to section 1003 by striking ‘‘Prohibi23 tion on development’’ and inserting ‘‘Repealed’’. 

24 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER25 TAIN OTHER LAWS.— 


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1 (1) COMPATIBILITY.—For purposes of the Na2 tional Wildlife Refuge System Administration Act of 

3 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

4 leasing program and activities authorized by this 

5 section in the Coastal Plain are deemed to be com6 patible with the purposes for which the Arctic Na7 tional Wildlife Refuge was established, and no fur8 ther findings or decisions are required to implement 

9 this determination. 

10 (2) ADEQUACY OF THE DEPARTMENT OF THE

11 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

12 STATEMENT.—The ‘‘Final Legislative Environ13 mental Impact Statement’’ (April 1987) on the 

14 Coastal Plain prepared pursuant to section 1002 of 

15 the Alaska National Interest Lands Conservation 

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

17 National Environmental Policy Act of 1969 (42 

18 U.S.C. 4332(2)(C)) is deemed to satisfy the require19 ments under the National Environmental Policy Act 

20 of 1969 that apply with respect to prelease activities, 

21 including actions authorized to be taken by the Sec22 retary to develop and promulgate the regulations for 

23 the establishment of a leasing program authorized 

24 by this subtitle before the conduct of the first lease 

25 sale. 


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1 (3) COMPLIANCE WITH NEPA FOR OTHER AC2 TIONS.—Before conducting the first lease sale under 

3 this subtitle, the Secretary shall prepare an environ4 mental impact statement under the National Envi5 ronmental Policy Act of 1969 with respect to the ac6 tions authorized by this subtitle that are not re7 ferred to in paragraph (2). Notwithstanding any 

8 other law, the Secretary is not required to identify 

9 nonleasing alternative courses of action or to analyze 

10 the environmental effects of such courses of action. 

11 The Secretary shall only identify a preferred action 

12 for such leasing and a single leasing alternative, and 

13 analyze the environmental effects and potential miti14 gation measures for those two alternatives. The 

15 identification of the preferred action and related 

16 analysis for the first lease sale under this subtitle 

17 shall be completed not later than 18 months after 

18 the date of enactment of this Act. The Secretary 

19 shall only consider public comments that specifically 

20 address the Secretary’s preferred action and that are 

21 filed within 20 days after publication of an environ22 mental analysis. Notwithstanding any other law, 

23 compliance with this paragraph is deemed to satisfy 

24 all requirements for the analysis and consideration 


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1 of the environmental effects of proposed leasing 

2 under this subtitle. 

3 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR4 ITY.—Nothing in this subtitle shall be considered to ex5 pand or limit State or local regulatory authority. 

6 (e) SPECIAL AREAS.— 

7 (1) IN GENERAL.—The Secretary, after con8 sultation with the State of Alaska, the city of 

9 Kaktovik, and the North Slope Borough, may des10 ignate up to a total of 45,000 acres of the Coastal 

11 Plain as a Special Area if the Secretary determines 

12 that the Special Area is of such unique character 

13 and interest so as to require special management 

14 and regulatory protection. The Secretary shall des15 ignate as such a Special Area the Sadlerochit Spring 

16 area, comprising approximately 4,000 acres. 

17 (2) MANAGEMENT.—Each such Special Area 

18 shall be managed so as to protect and preserve the 

19 area’s unique and diverse character, including its 

20 fish, wildlife, and subsistence resource values. 

21 (3) EXCLUSION FROM LEASING OR SURFACE

22 OCCUPANCY.—The Secretary may exclude any Spe23 cial Area from leasing. The Secretary may only lease 

24 a Special Area, or any subtitle thereof, for purposes 

25 of oil and gas exploration, development, production, 


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1 or related activities, if there is no surface occupancy 

2 of the lands comprising the Special Area. 

3 (4) DIRECTIONAL DRILLING.—Notwithstanding 

4 the other provisions of this subsection, the Secretary 

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

6 terms that permit the use of horizontal drilling tech7 nology from sites on leases located outside the Spe8 cial Area. 

9 (f) LIMITATION ON CLOSED AREAS.—The Sec10 retary’s sole authority to close lands within the Coastal 

11 Plain to oil and gas leasing and to exploration, develop12 ment, or production is that authority set forth in this sub13 title. 

14 (g) REGULATIONS.— 

15 (1) IN GENERAL.—The Secretary shall pre16 scribe such regulations as may be necessary to carry 

17 out this subtitle, including rules and regulations re18 lating to protection of the fish and wildlife, their 

19 habitat, the subsistence resources, and the environ20 ment of the Coastal Plain, by not later than 15 

21 months after the date of enactment of this Act. 

22 (2) REVISION OF REGULATIONS.—The Sec23 retary shall periodically review and, if appropriate, 

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1 ronmental, or engineering data that come to the Sec2 retary’s attention. 

3 SEC. 123. LEASE SALES. 

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

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

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

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

8 (b) PROCEDURES.—The Secretary shall, by regula9 tion, establish procedures for— 

10 (1) receipt and consideration of sealed nomina11 tions for any area in the Coastal Plain for inclusion 

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

13 a lease sale; 

14 (2) the holding of lease sales after such nomina15 tion process; and 

16 (3) public notice of and comment on designa17 tion of areas to be included in, or excluded from, a 

18 lease sale. 

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

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

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

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

23 lease those tracts the Secretary considers to have the 

24 greatest potential for the discovery of hydrocarbons, takVerDate Mar 15 2010 23:10 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H3302.IH H3302

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1 ing into consideration nominations received pursuant to 

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

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

4 shall— 

5 (1) conduct the first lease sale under this sub6 title not later than 22 months after the date of the 

7 enactment of this Act; 

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

9 leases resulting from such sale, not later than 90 

10 days after the date of the completion of such sale; 

11 and 

12 (3) conduct additional sales so long as sufficient 

13 interest in development exists to warrant, in the Sec14 retary’s judgment, the conduct of such sales. 

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

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

17 highest responsible qualified bidder in a lease sale con18 ducted pursuant to section 123 any lands to be leased on 

19 the Coastal Plain upon payment by the lessee of such 

20 bonus as may be accepted by the Secretary. 

21 (b) SUBSEQUENT TRANSFERS.—No lease issued 

22 under this subtitle may be sold, exchanged, assigned, sub23 let, or otherwise transferred except with the approval of 

24 the Secretary. Prior to any such approval, the Secretary 


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

2 of, the Attorney General. 

3 SEC. 125. LEASE TERMS AND CONDITIONS. 

4 An oil or gas lease issued pursuant to this subtitle 

5 shall— 

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

less than 121 7 ⁄2 percent in amount or value of the 

8 production removed or sold from the lease, as deter9 mined by the Secretary under the regulations appli10 cable to other Federal oil and gas leases; 

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

12 seasonal basis, portions of the Coastal Plain to ex13 ploratory drilling activities as necessary to protect 

14 caribou calving areas and other species of fish and 

15 wildlife; 

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

17 Coastal Plain shall be fully responsible and liable for 

18 the reclamation of lands within the Coastal Plain 

19 and any other Federal lands that are adversely af20 fected in connection with exploration, development, 

21 production, or transportation activities conducted 

22 under the lease and within the Coastal Plain by the 

23 lessee or by any of the subcontractors or agents of 

24 the lessee; 


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

2 convey, by contract or otherwise, the reclamation re3 sponsibility and liability to another person without 

4 the express written approval of the Secretary; 

5 (5) provide that the standard of reclamation for 

6 lands required to be reclaimed under this subtitle 

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

8 of supporting the uses which the lands were capable 

9 of supporting prior to any exploration, development, 

10 or production activities, or upon application by the 

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

12 Secretary; 

13 (6) provide that the lessee, its agents, and its 

14 contractors use best efforts to provide a fair share, 

15 as determined by the level of obligation previously 

16 agreed to in the 1974 agreement implementing sec17 tion 29 of the Federal Agreement and Grant of 

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

19 Pipeline, of employment and contracting for Alaska 

20 Natives and Alaska Native Corporations from 

21 throughout the State; 

22 (7) prohibit the export of oil produced under 

23 the lease; and 

24 (8) contain such other provisions as the Sec25 retary determines necessary to ensure compliance 


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1 with the provisions of this subtitle and the regula2 tions issued under this subtitle. 

3 SEC. 126. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

4 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

5 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

6 The Secretary shall, consistent with the requirements of 

7 section 122, administer the provisions of this subtitle 

8 through regulations, lease terms, conditions, restrictions, 

9 prohibitions, stipulations, and other provisions that— 

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

12 will result in no significant adverse effect on fish 

13 and wildlife, their habitat, and the environment; 

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

18 and 

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

22 gravel berms or piers for support of pipelines, does 

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


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

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

4 (1) a site-specific analysis be made of the pos5 sible significant adverse effects, if any, that the drill6 ing or related activities will have on fish and wildlife, 

7 their habitat, subsistence resources, and the environ8 ment; 

9 (2) if the analysis under paragraph (1) results 

10 in a finding that a significant adverse effect prohib11 ited by subsection (a)(1) is likely to occur as a result 

12 of the proposed drilling or related activity, a plan be 

13 developed and implemented to avoid, minimize, and 

14 mitigate (in that order and to the extent practicable) 

15 the significant adverse effect in order to comply with 

16 such subsection; and 

17 (3) the development of a plan under paragraph 

18 (2) shall occur after consultation with the agency or 

19 agencies having jurisdiction over matters covered by 

20 the plan. 

21 (c) REGULATIONS TO PROTECT COASTAL PLAIN

22 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

23 AND THE ENVIRONMENT.—Before implementing the leas24 ing program authorized by this subtitle, the Secretary 

25 shall prepare and promulgate regulations, lease terms, 


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1 conditions, restrictions, prohibitions, stipulations, and 

2 other measures designed to ensure that the activities un3 dertaken on the Coastal Plain under this subtitle are con4 ducted in a manner consistent with the purposes and envi5 ronmental requirements of this subtitle. 

6 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI7 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

8 proposed regulations, lease terms, conditions, restrictions, 

9 prohibitions, and stipulations for the leasing program 

10 under this subtitle shall require compliance with all appli11 cable provisions of Federal and State environmental law, 

12 and shall also require the following: 

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

14 and environmental mitigation measures set forth in 

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

16 ‘‘Final Legislative Environmental Impact State17 ment’’ (April 1987) on the Coastal Plain. 

18 (2) Seasonal limitations on exploration, develop19 ment, and related activities, where necessary, to 

20 avoid significant adverse effects during periods of 

21 concentrated fish and wildlife breeding, denning, 

22 nesting, spawning, and migration. 

23 (3) That exploration activities, except for sur24 face geological studies, be limited to the period be25 tween approximately November 1 and May 1 each 


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1 year and that exploration activities shall be sup2 ported, if necessary, by ice roads, winter trails with 

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

4 transport methods, except that such exploration ac5 tivities may occur at other times if the Secretary 

6 finds that such exploration will have no significant 

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

8 and the environment of the Coastal Plain. 

9 (4) Design safety and construction standards 

10 for all pipelines and any access and service roads, 

11 that— 

12 (A) minimize, to the maximum extent pos13 sible, adverse effects upon the passage of mi14 gratory species such as caribou; and 

15 (B) minimize adverse effects upon the flow 

16 of surface water by requiring the use of cul17 verts, bridges, and other structural devices. 

18 (5) Prohibitions on general public access and 

19 use on all pipeline access and service roads. 

20 (6) Stringent reclamation and rehabilitation re21 quirements, consistent with the standards set forth 

22 in this subtitle, requiring the removal from the 

23 Coastal Plain of all oil and gas development and 

24 production facilities, structures, and equipment upon 

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1 cept that the Secretary may exempt from the re2 quirements of this paragraph those facilities, struc3 tures, or equipment that the Secretary determines 

4 would assist in the management of the Arctic Na5 tional Wildlife Refuge and that are donated to the 

6 United States for that purpose. 

7 (7) Appropriate prohibitions or restrictions on 

8 access by all modes of transportation. 

9 (8) Appropriate prohibitions or restrictions on 

10 sand and gravel extraction. 

11 (9) Consolidation of facility siting. 

12 (10) Appropriate prohibitions or restrictions on 

13 use of explosives. 

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

15 springs, streams, and river systems; the protection 

16 of natural surface drainage patterns, wetlands, and 

17 riparian habitats; and the regulation of methods or 

18 techniques for developing or transporting adequate 

19 supplies of water for exploratory drilling. 

20 (12) Avoidance or minimization of air traffic-re21 lated disturbance to fish and wildlife. 

22 (13) Treatment and disposal of hazardous and 

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

24 muds and cuttings, and domestic wastewater, includ25 ing an annual waste management report, a hazVerDate Mar 15 2010 23:10 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3302.IH H3302

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1 ardous materials tracking system, and a prohibition 

2 on chlorinated solvents, in accordance with applica3 ble Federal and State environmental law. 

4 (14) Fuel storage and oil spill contingency plan5 ning. 

6 (15) Research, monitoring, and reporting re7 quirements. 

8 (16) Field crew environmental briefings. 

9 (17) Avoidance of significant adverse effects 

10 upon subsistence hunting, fishing, and trapping by 

11 subsistence users. 

12 (18) Compliance with applicable air and water 

13 quality standards. 

14 (19) Appropriate seasonal and safety zone des15 ignations around well sites, within which subsistence 

16 hunting and trapping shall be limited. 

17 (20) Reasonable stipulations for protection of 

18 cultural and archeological resources. 

19 (21) All other protective environmental stipula20 tions, restrictions, terms, and conditions deemed 

21 necessary by the Secretary. 

22 (e) CONSIDERATIONS.—In preparing and promul23 gating regulations, lease terms, conditions, restrictions, 

24 prohibitions, and stipulations under this section, the Sec25 retary shall consider the following: 


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1 (1) The stipulations and conditions that govern 

2 the National Petroleum Reserve-Alaska leasing pro3 gram, as set forth in the 1999 Northeast National 

4 Petroleum Reserve-Alaska Final Integrated Activity 

5 Plan/Environmental Impact Statement. 

6 (2) The environmental protection standards 

7 that governed the initial Coastal Plain seismic explo8 ration program under parts 37.31 to 37.33 of title 

9 50, Code of Federal Regulations. 

10 (3) The land use stipulations for exploratory 

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

12 forth in appendix 2 of the August 9, 1983, agree13 ment between Arctic Slope Regional Corporation and 

14 the United States. 

15 (f) FACILITY CONSOLIDATION PLANNING.— 

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

17 providing for public notice and comment, prepare 

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

19 direct the siting and construction of facilities for the 

20 exploration, development, production, and transpor21 tation of Coastal Plain oil and gas resources. 

22 (2) OBJECTIVES.—The plan shall have the fol23 lowing objectives: 

24 (A) Avoiding unnecessary duplication of fa25 cilities and activities. 


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1 (B) Encouraging consolidation of common 

2 facilities and activities. 

3 (C) Locating or confining facilities and ac4 tivities to areas that will minimize impact on 

5 fish and wildlife, their habitat, and the environ6 ment. 

7 (D) Utilizing existing facilities wherever 

8 practicable. 

9 (E) Enhancing compatibility between wild10 life values and development activities. 

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

12 shall— 

13 (1) manage public lands in the Coastal Plain in 

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

15 811 of the Alaska National Interest Lands Con16 servation Act (16 U.S.C. 3121); and 

17 (2) ensure that local residents shall have rea18 sonable access to public lands in the Coastal Plain 

19 for traditional uses. 

20 SEC. 127. EXPEDITED JUDICIAL REVIEW. 

21 (a) FILING OF COMPLAINT.— 

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

23 complaint seeking judicial review of any provision of 

24 this subtitle or any action of the Secretary under 

25 this subtitle shall be filed— 


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1 (A) except as provided in subparagraph 

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

3 date of the action being challenged; or 

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

5 on grounds arising after such period, within 60 

6 days after the complainant knew or reasonably 

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

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

11 of the Secretary under this subtitle may be filed only 

12 in the United States District Court for the District 

13 of Columbia. 

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

16 conduct a lease sale under this subtitle, including 

17 the environmental analysis thereof, shall be limited 

18 to whether the Secretary has complied with the 

19 terms of this subtitle and shall be based upon the 

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

22 to enable leasing to proceed and the Secretary’s 

23 analysis of environmental effects under this subtitle 

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

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

4 Secretary with respect to which review could have been 

5 obtained under this section shall not be subject to judicial 

6 review in any civil or criminal proceeding for enforcement. 

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

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

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

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

14 Alaska; and 

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

16 balance shall be deposited in the Treasury. 

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

18 of Alaska under this section shall be made semiannually. 

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

20 (a) IN GENERAL.—The Secretary shall issue rights21 of-way and easements across the Coastal Plain for the 

22 transportation of oil and gas— 

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

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

25 185), without regard to title XI of the Alaska NaVerDate Mar 15 2010 23:10 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H3302.IH H3302

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1 tional Interest Lands Conservation Act (30 U.S.C. 

2 3161 et seq.); and 

3 (2) under title XI of the Alaska National Inter4 est Lands Conservation Act (30 U.S.C. 3161 et 

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

6 1111 of that Act (16 U.S.C. 3170 and 3171). 

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

8 include in any right-of-way or easement issued under sub9 section (a) such terms and conditions as may be necessary 

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

11 in a significant adverse effect on the fish and wildlife, sub12 sistence resources, their habitat, and the environment of 

13 the Coastal Plain, including requirements that facilities be 

14 sited or designed so as to avoid unnecessary duplication 

15 of roads and pipelines. 

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

17 regulations under section 122(g) provisions regarding the 

18 granting of rights-of-way and easements described in sub19 section (a) of this section. 

20 SEC. 130. CONVEYANCE. 

21 In order to maximize Federal revenues by removing 

22 clouds on title to lands and clarifying land ownership pat23 terns within the Coastal Plain, the Secretary, notwith24 standing the provisions of section 1302(h)(2) of the AlasVerDate Mar 15 2010 23:10 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H3302.IH H3302

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1 ka National Interest Lands Conservation Act (16 U.S.C. 

2 3192(h)(2)), shall convey— 

3 (1) to the Kaktovik Inupiat Corporation the 

4 surface estate of the lands described in paragraph 1 

5 of Public Land Order 6959, to the extent necessary 

6 to fulfill the Corporation’s entitlement under sec7 tions 12 and 14 of the Alaska Native Claims Settle8 ment Act (43 U.S.C. 1611 and 1613) in accordance 

9 with the terms and conditions of the Agreement be10 tween the Department of the Interior, the United 

11 States Fish and Wildlife Service, the Bureau of 

12 Land Management, and the Kaktovik Inupiat Cor13 poration effective January 22, 1993; and 

14 (2) to the Arctic Slope Regional Corporation 

15 the remaining subsurface estate to which it is enti16 tled pursuant to the August 9, 1983, agreement be17 tween the Arctic Slope Regional Corporation and the 

18 United States of America. 

19 SEC. 131. LOCAL GOVERNMENT IMPACT AID AND COMMU20 NITY SERVICE ASSISTANCE. 

21 (a) FINANCIAL ASSISTANCE AUTHORIZED.— 

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

23 amounts available from the Coastal Plain Local Gov24 ernment Impact Aid Assistance Fund established by 

25 subsection (d) to provide timely financial assistance 


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

2 that are directly impacted by the exploration for or 

3 production of oil and gas on the Coastal Plain under 

4 this subtitle. 

5 (2) ELIGIBLE ENTITIES.—The North Slope 

6 Borough, the city of Kaktovik, and any other bor7 ough, municipal subdivision, village, or other com8 munity in the State of Alaska that is directly im9 pacted by exploration for, or the production of, oil 

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

11 determined by the Secretary, shall be eligible for fi12 nancial assistance under this section. 

13 (b) USE OF ASSISTANCE.—Financial assistance 

14 under this section may be used only for— 

15 (1) planning for mitigation of the potential ef16 fects of oil and gas exploration and development on 

17 environmental, social, cultural, recreational, and sub18 sistence values; 

19 (2) implementing mitigation plans and main20 taining mitigation projects; 

21 (3) developing, carrying out, and maintaining 

22 projects and programs that provide new or expanded 

23 public facilities and services to address needs and 

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1 fighting, police, water, waste treatment, medivac, 

2 and medical services; and 

3 (4) establishment of a coordination office, by 

4 the North Slope Borough, in the city of Kaktovik, 

5 which shall— 

6 (A) coordinate with and advise developers 

7 on local conditions, impact, and history of the 

8 areas utilized for development; and 

9 (B) provide to the Committee on Natural 

10 Resources of the House of Representatives and 

11 the Committee on Energy and Natural Re12 sources of the Senate an annual report on the 

13 status of coordination between developers and 

14 the communities affected by development. 

15 (c) APPLICATION.— 

16 (1) IN GENERAL.—Any community that is eligi17 ble for assistance under this section may submit an 

18 application for such assistance to the Secretary, in 

19 such form and under such procedures as the Sec20 retary may prescribe by regulation. 

21 (2) NORTH SLOPE BOROUGH COMMUNITIES.—A 

22 community located in the North Slope Borough may 

23 apply for assistance under this section either directly 

24 to the Secretary or through the North Slope Bor25 ough. 


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1 (3) APPLICATION ASSISTANCE.—The Secretary 

2 shall work closely with and assist the North Slope 

3 Borough and other communities eligible for assist4 ance under this section in developing and submitting 

5 applications for assistance under this section. 

6 (d) ESTABLISHMENT OF FUND.— 

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

8 Treasury the Coastal Plain Local Government Im9 pact Aid Assistance Fund. 

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

11 only for providing financial assistance under this 

12 section. 

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

14 shall be deposited into the fund amounts received by 

15 the United States as revenues derived from adjusted 

16 bonus, rental, and royalty revenues from Federal oil 

17 and gas leasing and operations authorized under this 

18 subtitle. 

19 (4) LIMITATION ON DEPOSITS.—The total 

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

21 (5) INVESTMENT OF BALANCES.—The Sec22 retary of the Treasury shall invest amounts in the 

23 fund in interest-bearing government securities. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—To pro25 vide financial assistance under this section, there is auVerDate Mar 15 2010 23:10 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3302.IH H3302

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1 thorized to be appropriated to the Secretary from the 

2 Coastal Plain Local Government Impact Aid Assistance 

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

4 Subtitle C—Oil Shale 

5 SEC. 141. OIL SHALE. 

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

7 (1) The Office of Naval Petroleum and Oil 

8 Shale Reserves at the Department of Energy has es9 timated that oil shale resources located on Federal 

10 lands hold 2 trillion undiscovered technically recover11 able barrels of oil. 

12 (2) Oil shale is a strategically important domes13 tic resource that should be developed to reduce the 

14 growing dependence of the United States on politi15 cally and economically unstable sources of foreign oil 

16 imports. 

17 (3) The development of oil shale for research 

18 and commercial development should be conducted in 

19 an environmentally sound manner, using practices 

20 that minimize impacts. 

21 (4) Development of such strategic unconven22 tional fuel should occur, with an emphasis on sus23 tainability, to benefit the United States while taking 

24 into account affected States and communities. 


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1 (5) Oil shale is one of the best resources avail2 able for advancing American technology and creating 

3 American jobs. 

4 (6) Oil shale will be a critically important com5 ponent of the Nation’s transportation fuel sector in 

6 particular, by providing a secure domestic source of 

7 aviation fuel for both commercial and military uses. 

8 (b) ADDITIONAL RESEARCH AND DEVELOPMENT

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

10 a lease sale not later than 180 days after the date of en11 actment of this Act offering an additional 10 parcels for 

12 lease for research, development, and demonstration of oil 

13 shale resources, under the terms offered in the solicitation 

14 of bids for such leases published on January 15, 2009 (74 

15 Fed. Reg. 2611). 

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

17 management final rules published by the Department of 

18 the Interior on November 18, 2008 (73 Fed. Reg. 69414), 

19 shall apply to all commercial leasing for the management 

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

21 located on Federal lands. 

22 (d) REDUCED PAYMENTS TO ENSURE PRODUC23 TION.—The Secretary of the Interior may temporarily re24 duce royalties, fees, rentals, bonus bids, or other payments 

25 for leases of Federal lands for the development and proVerDate Mar 15 2010 23:10 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H3302.IH H3302

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1 duction of oil shale resources as necessary to give incen2 tives for and encourage development of such resources, if 

3 the Secretary determines that the royalties, fees, rentals, 

4 bonus bids, and other payments otherwise authorized by 

5 law are hindering production of such resources. 

6 Subtitle D—Coal-to-Liquid 

7 SEC. 151. DEFINITIONS RELATING TO COAL-TO-LIQUID 

8 FUEL AND FACILITIES. 

9 For purposes of this subtitle: 

10 (1) COAL-TO-LIQUID FUEL.—The term ‘‘coal-to11 liquid fuel’’ means any transportation-grade liquid 

12 fuel derived primarily from coal (including peat). 

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

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

15 manufacturing facility that has the capacity to 

16 produce at least 10,000 barrels per day of coal-to17 liquid fuel from a feedstock that is primarily domes18 tic coal (including peat and any property which al19 lows for the capture, transportation, or sequestration 

20 of byproducts resulting from such process, including 

21 carbon emissions). 

22 SEC. 152. REPEAL. 

23 Section 526 of the Energy Independence and Security 

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


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1 Subtitle E—Nuclear 

2 SEC. 161. FINDINGS AND POLICY. 

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

4 (1) nuclear power is a safe, reliable, efficient, 

5 and affordable source of energy; 

6 (2) there are 104 nuclear reactors currently op7 erating in the United States, providing 20 percent of 

8 the electricity of the United States, slightly less than 

9 the electricity generated by natural gas; 

10 (3) nuclear power plants virtually eliminate 

11 emissions of greenhouse gases and criteria pollutants 

12 associated with acid rain, smog, or ozone; 

13 (4) long lead times for nuclear power plant li14 censing, permitting, and construction indicate that 

15 action to stimulate the nuclear power industry 

16 should not be delayed; 

17 (5) there are 17 combined operating license ap18 plications currently pending before the Nuclear Reg19 ulatory Commission for 26 new reactors in the 

20 United States, with 4 applications inactive due to 

21 regulatory uncertainty; 

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

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


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1 (7) increasing nuclear power threefold will 

2 produce 320 gigawatts of electricity to power 

3 237,000,000 households and constitute 52 percent of 

4 the United States electricity portfolio by 2030; 

5 (8) the Nuclear Waste Policy Act of 1982 re6 quires the Federal Government to take ownership of 

7 high-level radioactive waste and spent nuclear fuel 

8 and build a permanent geologic repository in which 

9 to store this waste; 

10 (9) the Nuclear Waste Policy Act of 1982, as 

11 amended in 1987, selected the Yucca Mountain site 

12 to be the sole geologic repository in which to store 

13 high-level radioactive waste and spent nuclear fuel; 

14 (10) the Congress reaffirmed Yucca Mountain 

15 as the sole candidate site for a geologic repository in 

16 2001; 

17 (11) despite the foregoing laws, the Government 

18 has failed to accept high-level radioactive waste and 

19 spent nuclear fuel from utilities and has delayed 

20 construction of the Yucca Mountain repository; and 

21 (12) the failure of the Federal Government to 

22 accept high-level radioactive waste and spent nuclear 

23 fuel from utilities is a significant barrier to the fu24 ture development of additional nuclear power. 


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1 (b) STATEMENT OF POLICY.—It is the policy of the 

2 United States, given the importance of making a transi3 tion to a clean energy, low-carbon economy, to facilitate 

4 the continued development and growth of a safe and clean 

5 nuclear energy industry through reductions in financial, 

6 regulatory, and technical barriers to construction and op7 eration. 

8 SEC. 162. 200 OPERATING PERMITS BY 2040. 

9 Subject to the requirements of this subtitle and in 

10 accordance with existing law, the Nuclear Regulatory 

11 Commission shall issue operating permits for 200 new 

12 commercial nuclear reactors, enough to triple current 

13 megawatt capacity, by 2040, if there are a sufficient num14 ber of qualified applicants. 

15 SEC. 163. REPEAL OF OFFICE OF CIVILIAN RADIOACTIVE 

16 WASTE MANAGEMENT. 

17 Section 304 of the Nuclear Waste Policy Act of 1982 

18 (42 U.S.C. 10224) is repealed. 

19 SEC. 164. RADIOLOGICAL MATERIAL REPOSITORY. 

20 (a) REPOSITORY REQUIRED.—The Federal Govern21 ment shall site and permit at least one radiological mate22 rial geologic repository for the disposal of radiological ma23 terial. 

24 (b) YUCCA MOUNTAIN.— 


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1 (1) IN GENERAL.—The repository site at Yucca 

2 Mountain shall remain the site for the Nation’s radi3 ological material repository unless it is determined 

4 unsuitable, based on technical and scientific analysis, 

5 by the Nuclear Regulatory Commission following full 

6 statutory review of the Department of Energy’s li7 cense application to construct the Yucca Mountain 

8 repository. 

9 (2) APPLICATION.—The Nuclear Regulatory 

10 Commission shall continue to review the Department 

11 of Energy’s pending license application to construct 

12 the repository at Yucca Mountain until a determina13 tion is made on the merits of the application. 

14 (3) DEADLINES.— 

15 (A) SUITABILITY DETERMINATION.—Not 

16 later than 90 days after the enactment of this 

17 Act, the Nuclear Regulatory Commission shall 

18 make a determination regarding the suitability 

19 of Yucca Mountain under paragraph (1). 

20 (B) ACTION ON APPLICATION.—Not later 

21 than 180 days after the enactment of this Act, 

22 the Nuclear Regulatory Commission shall ap23 prove or deny the application under paragraph 

24 (2). 


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1 (4) LIMITATIONS ON AMOUNT OF RADIO2 LOGICAL MATERIAL.—All statutory limitations on 

3 the amount of radiological material that can be 

4 placed in Yucca Mountain are hereby removed and 

5 shall be replaced by the Nuclear Regulatory Com6 mission with new limits based on scientific and tech7 nical analysis of the full capacity of Yucca Mountain 

8 for the storage of radiological material. 

9 (c) ALTERNATIVE REPOSITORY.— 

10 (1) IN GENERAL.—Should the Nuclear Regu11 latory Commission determine under subsection (b) 

12 that Yucca Mountain is not a suitable location to 

13 place a radiological material repository, the Sec14 retary shall be responsible for, not later than 1 year 

15 after the date on which such determination is made, 

16 locating and submitting an application for an alter17 native geologic repository that provides at least 

18 120,000 tons of storage capacity. 

19 (2) ACTION ON APPLICATION.—Not later than 

20 2 years after the date on which an application is 

21 submitted under paragraph (1) or (3), the Nuclear 

22 Regulatory Commission shall approve or deny such 

23 application. 

24 (3) FURTHER APPLICATION SUBMISSIONS.—If 

25 an application is denied under paragraph (2), the 


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1 Secretary shall submit a new application in accord2 ance with paragraph (1) not later than 1 year after 

3 the date of such denial. 

4 (4) REQUIREMENTS.—For the purposes of this 

5 subtitle and the Nuclear Waste Policy Act of 1982 

6 (42 U.S.C. 10101 et seq.), an alternative repository 

7 permitted under this subsection shall be subject to 

8 the same requirements as Yucca Mountain. 

9 SEC. 165. INDEPENDENT RADIOLOGICAL MATERIAL MAN10 AGEMENT. 

11 (a) REPORT.—Not later than 180 days after the date 

12 of enactment of this Act, the Secretary of Energy shall 

13 submit to Congress a report regarding the following: 

14 (1) The feasibility of establishing an inde15 pendent radiological material management program 

16 that would meet the guidelines in subsection (b). 

17 (2) Legislative and regulatory action necessary 

18 to phase out the fee structure contained in section 

19 302 of the Nuclear Waste Policy Act of 1982 (42 

20 U.S.C. 10222) in order to allow a fee structure de21 scribed in subsection (b)(5)(F) to be implemented if 

22 a program meeting the guidelines in subsection (b) 

23 is established. 

24 (b) GUIDELINES.— 


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1 (1) IN GENERAL.—Under a program estab2 lished in accordance with this subsection, the Sec3 retary may award a contract, based on a competitive 

4 bidding process, to an eligible entity to manage the 

5 Nation’s activities related to one or more radiological 

6 material repositories. 

7 (2) ELIGIBLE ENTITY.—For the purposes of 

8 this subsection, the term ‘‘eligible entity’’ means a 

9 non-Federal organization that demonstrates the abil10 ity to meet the requirements of a program estab11 lished in accordance with this subsection. 

12 (3) APPLICATION CONTENTS.—The Secretary 

13 may require an eligible entity seeking to be awarded 

14 a contract under a program established in accord15 ance with this subsection to submit to the Secretary 

16 an application containing the following: 

17 (A) A complete description of the fee 

18 structure the eligible entity will use to fund the 

19 maintenance and operation of repositories, in 

20 accordance with paragraph (5)(F). 

21 (B) Such other materials as the Secretary 

22 may require. 

23 (4) TRANSFER OF CONTROL.—The Secretary 

24 may transfer to an eligible entity awarded a contract 

25 under a program established in accordance with this 


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1 subsection control and ownership of all Nuclear Reg2 ulatory Commission-issued licenses, allowances, and 

3 responsibilities necessary for the operation of the nu4 clear materials repository at Yucca Mountain. 

5 (5) RESPONSIBILITIES.—The Secretary may re6 quire an eligible entity awarded a contract under a 

7 program established in accordance with this sub8 section to be responsible for the following: 

9 (A) Providing technical and other informa10 tion to the Nuclear Regulatory Commission as 

11 it reviews the Department of Energy’s permit 

12 application for the Yucca Mountain repository. 

13 (B) Seeking all other necessary regulatory 

14 approvals and permits to construct and operate 

15 the Yucca Mountain repository. 

16 (C) Managing construction of one or more 

17 radiological material repositories upon Nuclear 

18 Regulatory Commission approval, including con19 ducting all necessary design and engineering 

20 work to support construction of the repository. 

21 (D) Radiological material repository oper22 ations. 

23 (E) Undertaking all infrastructure activi24 ties necessary to support the construction or 


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1 operation of the repository or transportation to 

2 the site of radiological material, including— 

3 (i) safety upgrades; 

4 (ii) site preparation; 

5 (iii) construction of a rail line to con6 nect the repository site with the national 

7 rail network, including any facilities to fa8 cilitate rail operations; and 

9 (iv) construction, upgrade, acquisition, 

10 or operation of electrical grids or facilities, 

11 other utilities, communication facilities, ac12 cess roads, rail lines, and nonnuclear sup13 port facilities. 

14 (F) Creating a fee structure for the geo15 logic storage of radiological material. The fees 

16 may not exceed the amount necessary to main17 tain and operate repositories and shall be the 

18 primary mechanism for accessing repositories, 

19 and in setting the fees the eligible entity shall 

20 take into consideration multiple variables, in21 cluding— 

22 (i) volume; 

23 (ii) toxicity; 

24 (iii) heat load; and 

25 (iv) repository operation costs. 


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1 (c) CONGRESSIONAL AUTHORIZATION REQUIRED.— 

2 The Secretary may not establish an independent radio3 logical material management program under this section 

4 unless authorized by a law enacted after the date of enact5 ment of this Act. 

6 SEC. 166. SPENT NUCLEAR FUEL RECYCLING. 

7 (a) PROHIBITION.—The President is prohibited from 

8 blocking or hindering spent nuclear fuel recycling activi9 ties. 

10 (b) RULEMAKING FOR LICENSING OF SPENT NU11 CLEAR FUEL RECYCLING FACILITIES.—Not later than 2 

12 years after the date of enactment of this Act, the Chair13 man of the Nuclear Regulatory Commission shall complete 

14 a rulemaking establishing a process for the licensing by 

15 the Nuclear Regulatory Commission, under the Atomic 

16 Energy Act of 1954, of facilities for the recycling of spent 

17 nuclear fuel. 

18 SEC. 167. NUCLEAR FUEL SUPPLY RESERVE. 

19 (a) INVENTORY.—The Secretary of Energy shall con20 duct an inventory of all materials owned by the Depart21 ment of Energy that could, either without or with further 

22 processing, be used to power commercial nuclear reactors. 

23 (b) ESTABLISHMENT OF RESERVE.—The Secretary 

24 shall establish a nuclear fuel supply reserve consisting of 

25 materials identified as available for such purposes from 


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1 the inventory conducted under subsection (a). The Sec2 retary shall establish appropriate procedures to ensure 

3 that the reserve can protect United States energy pro4 ducers from shortages of nuclear fuel. 

5 (c) PLAN.—The Secretary shall transmit to the Con6 gress a long-term plan for introducing nuclear fuel sup7 plies from the reserve into the market. 

8 SEC. 168. PUBLIC HEALTH AND SAFETY. 

9 Nothing in this subtitle shall supersede, mitigate, de10 tract from, or in any way decrease the Nuclear Regulatory 

11 Commission’s ability to maintain the highest possible lev12 els of public health and safety standards, consistent with 

13 the provisions of the Atomic Energy Act of 1954. No au14 thority granted by this subtitle shall be executed in a man15 ner that jeopardizes, minimizes, reduces, or lessens public 

16 health and safety standards. 

17 SEC. 169. STREAMLINING COMBINED CONSTRUCTION AND 

18 OPERATING LICENSE. 

19 (a) IN GENERAL.—The Nuclear Regulatory Commis20 sion shall establish and implement an expedited procedure 

21 for issuing a Combined Construction and Operating Li22 cense. 

23 (b) QUALIFICATIONS.—To qualify for the expedited 

24 procedure under this section, an applicant shall— 


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1 (1) apply for construction of a reactor based on 

2 a design certified (or provisionally certified under 

3 section 170) by the Nuclear Regulatory Commission; 

4 (2) construct the new reactor on or adjacent to 

5 a site where an operating nuclear power plant al6 ready exists; 

7 (3) not be subject to a Nuclear Regulatory 

8 Commission order to modify, suspend, or revoke a li9 cense under section 2.202 of title 10, Code of Fed10 eral Regulations; and 

11 (4) submit a complete Combined Construction 

12 and Operating License application that is docketed 

13 by the Commission. 

14 (c) EXPEDITED PROCEDURE.—With respect to a li15 cense for which the applicant has satisfied the require16 ments of subsection (b) and seeks expedited consideration, 

17 the Nuclear Regulatory Commission shall follow the fol18 lowing procedures: 

19 (1) Undertake an expedited environmental re20 view process and issue a draft environmental impact 

21 statement not later than 12 months after the appli22 cation is accepted for docketing. 

23 (2) Begin public licensing hearings when a 

24 draft environmental impact statement has been 

25 issued, and complete any such hearings and related 


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1 processes not later than 24 months after accepting 

2 for docketing the expedited Combined Construction 

3 and Operating License application. 

4 (3) Complete the technical review process and 

5 issue the Safety Evaluation Report and the final en6 vironmental impact statement not later than 18 

7 months after the application is accepted for dock8 eting. 

9 (4) Make a final decision on whether to issue 

10 the Combined Construction and Operating License 

11 not later than 25 months after docketing the appli12 cation. 

13 (d) GOALS.—The Chairman of the Nuclear Regu14 latory Commission shall present recommendations to Con15 gress not later than 90 days after the date of enactment 

16 of this Act for procedures that would further facilitate the 

17 licensing of new nuclear reactors in a timely manner. 

18 SEC. 170. REACTOR DESIGN CERTIFICATION. 

19 (a) PROVISIONAL CERTIFICATION.— 

20 (1) AUTHORITY.—The Nuclear Regulatory 

21 Commission may provide to an applicant a provi22 sional certification of a proposed nuclear reactor de23 sign. 

24 (2) EFFECT OF PROVISIONAL CERTIFI25 CATION.—Approval of a provisional design certifiVerDate Mar 15 2010 23:10 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H3302.IH H3302

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1 cation under this subsection shall not eliminate, re2 duce, or otherwise affect any requirement for reactor 

3 design approval or certification by the Nuclear Reg4 ulatory Commission or any other agency under Fed5 eral law. 

6 (3) TIMING.— 

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

8 subparagraph (B), a provisional certification 

9 shall be provided or denied under this sub10 section not later than 60 days after the date of 

11 application therefor. 

12 (B) EXTENSION.—The Nuclear Regulatory 

13 Commission may extend the time period under 

14 subparagraph (A) for an additional 30 days if 

15 necessary to enable certification. 

16 (4) CRITERIA.—In determining whether to ap17 prove a provisional certification application under 

18 this subsection, the Nuclear Regulatory Commission 

19 shall consider whether the proposed design— 

20 (A) is based on existing and commercially 

21 proven technology; 

22 (B) has been approved by internationally 

23 recognized regulators; and 

24 (C) is safely operating or under construc25 tion in other nations. 


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1 (5) SUPPLEMENTAL INFORMATION.—An appli2 cation for provisional certification under this sub3 section may include supplemental information pro4 vided by potential future applicants for approval of 

5 the same or a similar design. 

6 (b) EXPEDITED CERTIFICATION PROCESS.—Not 

7 later than one year after the date of enactment of this 

8 Act, the Chairman of the Nuclear Regulatory Commission 

9 shall develop and submit to the Congress an expedited 

10 process for certifying reactor designs, including those de11 signs under consideration for certification by the Commis12 sion on the date of enactment of this Act, that signifi13 cantly reduces the time necessary to achieve such certifi14 cation. 

15 SEC. 171. TECHNOLOGY-NEUTRAL PLANT DESIGN SPECI16 FICATIONS. 

17 Not later than one year after the date of enactment 

18 of this Act, the Chairman of the Nuclear Regulatory Com19 mission shall submit to the Congress a report regarding 

20 recommendations for the development of technology-neu21 tral plant design specifications. 

22 SEC. 172. NEXT GENERATION NUCLEAR PLANT. 

23 The Secretary of Energy and the Chairman of the 

24 Nuclear Regulatory Commission shall review the Next 

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1 mitted to Congress in August 2008, as required by section 

2 644 of the Energy Policy Act of 2005 (42 U.S.C. 16024), 

3 with the purpose of reevaluating and significantly accel4 erating the Next Generation Nuclear Power Plant sched5 ule. Not later than 180 days after the date of enactment 

6 of this Act, the Secretary shall submit to the Congress 

7 a report including a revised schedule and funding require8 ments that would allow for program completion as near 

9 as is possible to the date that is 5 years after the date 

10 of enactment of this Act. 

11 SEC. 173. URANIUM MINING ON FEDERAL LANDS. 

12 The Secretary of the Interior may not use the Fed13 eral Land Policy and Management Act of 1976 (43 U.S.C. 

14 1701 et seq.) to prevent uranium mining from taking place 

15 on Federal lands unless the Secretary makes findings ex16 plaining the reason for such prevention. No Federal agen17 cy may collect additional leasing fees that have not been 

18 authorized to be collected before the date of enactment 

19 of this Act to mine uranium on Federal lands. Any fees 

20 collected in association with commercial uranium mining 

21 on Federal lands that should be applied for remediation 

22 purposes shall only be applied to the remediation of sites 

23 that incurred damage as a result of commercial nuclear 

24 activities. Such fees shall not be applied to the remediation 


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1 of any sites that incurred damage as a result of Govern2 ment or Government-sponsored activities. 

3 SEC. 174. SMALL AND MODULAR REACTOR LICENSING. 

4 (a) REPORT.—Not later than 90 days after the date 

5 of enactment of this Act, the Chairman of the Nuclear 

6 Regulatory Commission shall transmit to the Congress a 

7 report containing recommendations, including the per8 sonnel and resource requirements necessary to implement 

9 the recommendations, for streamlined licensing procedures 

10 for small and modular nuclear reactors. 

11 (b) REGULATIONS.—Not later than one year after the 

12 date of enactment of this Act, the Chairman of the Nu13 clear Regulatory Commission shall promulgate regulations 

14 to implement the recommendations transmitted under 

15 subsection (a). 

16 SEC. 175. LIMITATION ON REGULATORY TIME FRAME. 

17 In establishing standards for or otherwise regulating 

18 the storage of radioactive material under section 121(a) 

19 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

20 10141(a)) or any other Federal law, the Administrator of 

21 the Environmental Protection Agency may not consider 

22 environmental effects that could occur more than 10,000 

23 years after the date of such regulatory action. 


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1 SEC. 176. DEFINITION. 

2 In this subtitle, the term ‘‘radiological material’’ 

3 means radioactive material that is a byproduct of the pro4 duction of nuclear power, including high-level nuclear 

5 waste and spent nuclear fuel, as those terms are defined 

6 in section 2 of the Nuclear Waste Policy Act of 1982 (42 

7 U.S.C. 10101), but not including low-level radiological 

8 material as that term is defined in such section. 

9 TITLE II—REGULATORY REFORM 

10 SEC. 201. PURPOSE. 

11 The purpose of this title is to increase accountability 

12 for and transparency in the Federal regulatory process. 

13 Section 1 of article I of the United States Constitution 

14 grants all legislative powers to Congress. Over time, Con15 gress has excessively delegated its constitutional charge 

16 while failing to conduct appropriate oversight and retain 

17 accountability for the content of the laws it passes. By 

18 requiring a vote in Congress, this title will result in more 

19 carefully drafted and detailed legislation, an improved reg20 ulatory process, and a legislative branch that is truly ac21 countable to the American people for the laws imposed 

22 upon them. 

23 SEC. 202. CONGRESSIONAL REVIEW OF AGENCY RULE24 MAKING. 

25 Chapter 8 of title 5, United States Code, is amended 

26 to read as follows: 


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1 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW 

2 OF AGENCY RULEMAKING 

‘‘Sec. 

‘‘801. Congressional review. 

‘‘802. Congressional approval procedure for major rules. 

‘‘803. Congressional disapproval procedure for nonmajor rules. 

‘‘804. Definitions. 

‘‘805. Judicial review. 

‘‘806. Exemption for monetary policy. 

‘‘807. Effective date of certain rules. 

3 ‘‘§ 801. Congressional review 

4 ‘‘(a)(1)(A) Before a rule may take effect, the Federal 

5 agency promulgating such rule shall submit to each House 

6 of the Congress and to the Comptroller General a report 

7 containing— 

8 ‘‘(i) a copy of the rule; 

9 ‘‘(ii) a concise general statement relating to the 

10 rule; 

11 ‘‘(iii) a classification of the rule as a major or 

12 nonmajor rule, including an explanation of the clas13 sification specifically addressing each criteria for a 

14 major rule contained within sections 804(2)(A), 

15 804(2)(B), and 804(2)(C); 

16 ‘‘(iv) a list of any other related regulatory ac17 tions intended to implement the same statutory pro18 vision or regulatory objective as well as the indi19 vidual and aggregate economic effects of those ac20 tions; and 

21 ‘‘(v) the proposed effective date of the rule. 


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1 ‘‘(B) On the date of the submission of the report 

2 under subparagraph (A), the Federal agency promulgating 

3 the rule shall submit to the Comptroller General and make 

4 available to each House of Congress— 

5 ‘‘(i) a complete copy of the cost-benefit analysis 

6 of the rule, if any; 

7 ‘‘(ii) the agency’s actions pursuant to title 5 of 

8 the United States Code, sections 603, 604, 605, 

9 607, and 609; 

10 ‘‘(iii) the agency’s actions pursuant to title 2 of 

11 the United States Code, sections 1532, 1533, 1534, 

12 and 1535; and 

13 ‘‘(iv) any other relevant information or require14 ments under any other Act and any relevant Execu15 tive orders. 

16 ‘‘(C) Upon receipt of a report submitted under sub17 paragraph (A), each House shall provide copies of the re18 port to the chairman and ranking member of each stand19 ing committee with jurisdiction under the rules of the 

20 House of Representatives or the Senate to report a bill 

21 to amend the provision of law under which the rule is 

22 issued. 

23 ‘‘(2)(A) The Comptroller General shall provide a re24 port on each major rule to the committees of jurisdiction 

25 by the end of 15 calendar days after the submission or 


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1 publication date as provided in section 802(b)(2). The re2 port of the Comptroller General shall include an assess3 ment of the agency’s compliance with procedural steps re4 quired by paragraph (1)(B). 

5 ‘‘(B) Federal agencies shall cooperate with the Comp6 troller General by providing information relevant to the 

7 Comptroller General’s report under subparagraph (A). 

8 ‘‘(3) A major rule relating to a report submitted 

9 under paragraph (1) shall take effect upon enactment of 

10 a joint resolution of approval described in section 802 or 

11 as provided for in the rule following enactment of a joint 

12 resolution of approval described in section 802, whichever 

13 is later. 

14 ‘‘(4) A nonmajor rule shall take effect as provided 

15 by section 803 after submission to Congress under para16 graph (1). 

17 ‘‘(5) If a joint resolution of approval relating to a 

18 major rule is not enacted within the period provided in 

19 subsection (b)(2), then a joint resolution of approval relat20 ing to the same rule may not be considered under this 

21 chapter in the same Congress by either the House of Rep22 resentatives or the Senate. 

23 ‘‘(b)(1) A major rule shall not take effect unless the 

24 Congress enacts a joint resolution of approval described 

25 under section 802. 


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1 ‘‘(2) If a joint resolution described in subsection (a) 

2 is not enacted into law by the end of 70 session days or 

3 legislative days, as applicable, beginning on the date on 

4 which the report referred to in section 801(a)(1)(A) is re5 ceived by Congress (excluding days either House of Con6 gress is adjourned for more than 3 days during a session 

7 of Congress), then the rule described in that resolution 

8 shall be deemed not to be approved and such rule shall 

9 not take effect. 

10 ‘‘(c)(1) Notwithstanding any other provision of this 

11 section (except subject to paragraph (3)), a major rule 

12 may take effect for one 90-calendar-day period if the 

13 President makes a determination under paragraph (2) and 

14 submits written notice of such determination to the Con15 gress. 

16 ‘‘(2) Paragraph (1) applies to a determination made 

17 by the President by Executive order that the major rule 

18 should take effect because such rule is— 

19 ‘‘(A) necessary because of an imminent threat 

20 to health or safety or other emergency; 

21 ‘‘(B) necessary for the enforcement of criminal 

22 laws; 

23 ‘‘(C) necessary for national security; or 

24 ‘‘(D) issued pursuant to any statute imple25 menting an international trade agreement. 


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1 ‘‘(3) An exercise by the President of the authority 

2 under this subsection shall have no effect on the proce3 dures under section 802. 

4 ‘‘(d)(1) In addition to the opportunity for review oth5 erwise provided under this chapter, in the case of any rule 

6 for which a report was submitted in accordance with sub7 section (a)(1)(A) during the period beginning on the date 

8 occurring— 

9 ‘‘(A) in the case of the Senate, 60 session days, 

10 or 

11 ‘‘(B) in the case of the House of Representa12 tives, 60 legislative days, 

13 before the date the Congress is scheduled to adjourn a 

14 session of Congress through the date on which the same 

15 or succeeding Congress first convenes its next session, sec16 tions 802 and 803 shall apply to such rule in the suc17 ceeding session of Congress. 

18 ‘‘(2)(A) In applying sections 802 and 803 for pur19 poses of such additional review, a rule described under 

20 paragraph (1) shall be treated as though— 

21 ‘‘(i) such rule were published in the Federal 

22 Register on— 

23 ‘‘(I) in the case of the Senate, the 15th 

24 session day, or 


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1 ‘‘(II) in the case of the House of Rep2 resentatives, the 15th legislative day, 

3 after the succeeding session of Congress first con4 venes; and 

5 ‘‘(ii) a report on such rule were submitted to 

6 Congress under subsection (a)(1) on such date. 

7 ‘‘(B) Nothing in this paragraph shall be construed 

8 to affect the requirement under subsection (a)(1) that a 

9 report shall be submitted to Congress before a rule can 

10 take effect. 

11 ‘‘(3) A rule described under paragraph (1) shall take 

12 effect as otherwise provided by law (including other sub13 sections of this section). 

14 ‘‘§ 802. Congressional approval procedure for major 

15 rules 

16 ‘‘(a) For purposes of this section, the term ‘joint res17 olution’ means only a joint resolution introduced on or 

18 after the date on which the report referred to in section 

19 801(a)(1)(A) is received by Congress (excluding days ei20 ther House of Congress is adjourned for more than 3 days 

21 during a session of Congress), the matter after the resolv22 ing clause of which is as follows: ‘That Congress approves 

23 the rule submitted by the l l relating to l l.’ (The 

24 blank spaces being appropriately filled in). 


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1 ‘‘(1) In the House, the majority leader of the 

2 House of Representatives (or his designee) and the 

3 minority leader of the House of Representatives (or 

4 his designee) shall introduce such joint resolution 

5 described in subsection (a) (by request), within 3 

6 legislative days after Congress receives the report re7 ferred to in section 801(a)(1)(A). 

8 ‘‘(2) In the Senate, the majority leader of the 

9 Senate (or his designee) and the minority leader of 

10 the Senate (or his designee) shall introduce such 

11 joint resolution described in subsection (a) (by re12 quest), within 3 session days after Congress receives 

13 the report referred to in section 801(a)(1)(A). 

14 ‘‘(b)(1) A joint resolution described in subsection (a) 

15 shall be referred to the committees in each House of Con16 gress with jurisdiction under the rules of the House of 

17 Representatives or the Senate to report a bill to amend 

18 the provision of law under which the rule is issued. 

19 ‘‘(2) For purposes of this section, the term ‘submis20 sion date’ means the date on which the Congress receives 

21 the report submitted under section 801(a)(1). 

22 ‘‘(c) In the Senate, if the committee or committees 

23 to which a joint resolution described in subsection (a) has 

24 been referred have not reported it at the end of 15 session 

25 days after its introduction, such committee or committees 


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1 shall be automatically discharged from further consider2 ation of the resolution and it shall be placed on the cal3 endar. A vote on final passage of the resolution shall be 

4 taken on or before the close of the 15th session day after 

5 the resolution is reported by the committee or committees 

6 to which it was referred, or after such committee or com7 mittees have been discharged from further consideration 

8 of the resolution. 

9 ‘‘(d)(1) In the Senate, when the committee or com10 mittees to which a joint resolution is referred have re11 ported, or when a committee or committees are discharged 

12 (under subsection (c)) from further consideration of a 

13 joint resolution described in subsection (a), it is at any 

14 time thereafter in order (even though a previous motion 

15 to the same effect has been disagreed to) for a motion 

16 to proceed to the consideration of the joint resolution, and 

17 all points of order against the joint resolution (and against 

18 consideration of the joint resolution) are waived. The mo19 tion is not subject to amendment, or to a motion to post20 pone, or to a motion to proceed to the consideration of 

21 other business. A motion to reconsider the vote by which 

22 the motion is agreed to or disagreed to shall not be in 

23 order. If a motion to proceed to the consideration of the 

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1 main the unfinished business of the Senate until disposed 

2 of. 

3 ‘‘(2) In the Senate, debate on the joint resolution, 

4 and on all debatable motions and appeals in connection 

5 therewith, shall be limited to not more than 2 hours, which 

6 shall be divided equally between those favoring and those 

7 opposing the joint resolution. A motion to further limit 

8 debate is in order and not debatable. An amendment to, 

9 or a motion to postpone, or a motion to proceed to the 

10 consideration of other business, or a motion to recommit 

11 the joint resolution is not in order. 

12 ‘‘(3) In the Senate, immediately following the conclu13 sion of the debate on a joint resolution described in sub14 section (a), and a single quorum call at the conclusion of 

15 the debate if requested in accordance with the rules of the 

16 Senate, the vote on final passage of the joint resolution 

17 shall occur. 

18 ‘‘(4) Appeals from the decisions of the Chair relating 

19 to the application of the rules of the Senate to the proce20 dure relating to a joint resolution described in subsection 

21 (a) shall be decided without debate. 

22 ‘‘(e)(1) In the House of Representatives, if the com23 mittee or committees to which a joint resolution described 

24 in subsection (a) has been referred have not reported it 

25 at the end of 15 legislative days after its introduction, 


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1 such committee or committees shall be automatically dis2 charged from further consideration of the resolution and 

3 it shall be placed on the appropriate calendar. A vote on 

4 final passage of the resolution shall be taken on or before 

5 the close of the 15th legislative day after the resolution 

6 is reported by the committee or committees to which it 

7 was referred, or after such committee or committees have 

8 been discharged from further consideration of the resolu9 tion. 

10 ‘‘(2)(A) A motion in the House of Representatives to 

11 proceed to the consideration of a resolution shall be privi12 leged and not debatable. An amendment to the motion 

13 shall not be in order, nor shall it be in order to move to 

14 reconsider the vote by which the motion is agreed to or 

15 disagreed to. 

16 ‘‘(B) Debate in the House of Representatives on a 

17 resolution shall be limited to not more than two hours, 

18 which shall be divided equally between those favoring and 

19 those opposing the resolution. A motion to further limit 

20 debate shall not be debatable. No amendment to, or mo21 tion to recommit, the resolution shall be in order. It shall 

22 not be in order to reconsider the vote by which a resolution 

23 is agreed to or disagreed to. 

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1 tion, and motions to proceed to the consideration of other 

2 business, shall be decided without debate. 

3 ‘‘(D) All appeals from the decisions of the Chair re4 lating to the application of the Rules of the House of Rep5 resentatives to the procedure relating to a resolution shall 

6 be decided without debate. 

7 ‘‘(f) If, before the passage by one House of a joint 

8 resolution of that House described in subsection (a), that 

9 House receives from the other House a joint resolution 

10 described in subsection (a), then the following procedures 

11 shall apply with respect to a joint resolution described in 

12 subsection (a) of the House receiving the joint resolu13 tion— 

14 ‘‘(1) the procedure in that House shall be the 

15 same as if no joint resolution had been received from 

16 the other House; but 

17 ‘‘(2) the vote on final passage shall be on the 

18 joint resolution of the other House. 

19 ‘‘(g) The enactment of a resolution of approval does 

20 not serve as a grant or modification of statutory authority 

21 by Congress for the promulgation of a rule, does not extin22 guish or affect any claim, whether substantive or proce23 dural, against any alleged defect in a rule, and shall not 

24 form part of the record before the court in any judicial 

25 proceeding concerning a rule. 


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1 ‘‘(h) This section and section 803 are enacted by 

2 Congress— 

3 ‘‘(1) as an exercise of the rulemaking power of 

4 the Senate and House of Representatives, respec5 tively, and as such it is deemed a part of the rules 

6 of each House, respectively, but applicable only with 

7 respect to the procedure to be followed in that 

8 House in the case of a joint resolution described in 

9 subsection (a), and it supersedes other rules only to 

10 the extent that it is inconsistent with such rules; and 

11 ‘‘(2) with full recognition of the constitutional 

12 right of either House to change the rules (so far as 

13 relating to the procedure of that House) at any time, 

14 in the same manner, and to the same extent as in 

15 the case of any other rule of that House. 

16 ‘‘§ 803. Congressional disapproval procedure for 

17 nonmajor rules 

18 ‘‘(a) For purposes of this section, the term ‘joint res19 olution’ means only a joint resolution introduced in the 

20 period beginning on the date on which the report referred 

21 to in section 801(a)(1)(A) is received by Congress and 

22 ending 60 days thereafter (excluding days either House 

23 of Congress is adjourned for more than 3 days during a 

24 session of Congress), the matter after the resolving clause 

25 of which is as follows: ‘That Congress disapproves the 


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1 nonmajor rule submitted by the l l relating to l l, 

2 and such rule shall have no force or effect.’ (The blank 

3 spaces being appropriately filled in). 

4 ‘‘(b)(1) A joint resolution described in subsection (a) 

5 shall be referred to the committees in each House of Con6 gress with jurisdiction. 

7 ‘‘(2) For purposes of this section, the term submis8 sion or publication date means the later of the date on 

9 which— 

10 ‘‘(A) the Congress receives the report submitted 

11 under section 801(a)(1); or 

12 ‘‘(B) the nonmajor rule is published in the Fed13 eral Register, if so published. 

14 ‘‘(c) In the Senate, if the committee to which is re15 ferred a joint resolution described in subsection (a) has 

16 not reported such joint resolution (or an identical joint 

17 resolution) at the end of 15 session days after the date 

18 of introduction of the joint resolution, such committee may 

19 be discharged from further consideration of such joint res20 olution upon a petition supported in writing by 30 Mem21 bers of the Senate, and such joint resolution shall be 

22 placed on the calendar. 

23 ‘‘(d)(1) In the Senate, when the committee to which 

24 a joint resolution is referred has reported, or when a com25 mittee is discharged (under subsection (c)) from further 


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1 consideration of a joint resolution described in subsection 

2 (a), it is at any time thereafter in order (even though a 

3 previous motion to the same effect has been disagreed to) 

4 for a motion to proceed to the consideration of the joint 

5 resolution, and all points of order against the joint resolu6 tion (and against consideration of the joint resolution) are 

7 waived. The motion is not subject to amendment, or to 

8 a motion to postpone, or to a motion to proceed to the 

9 consideration of other business. A motion to reconsider the 

10 vote by which the motion is agreed to or disagreed to shall 

11 not be in order. If a motion to proceed to the consideration 

12 of the joint resolution is agreed to, the joint resolution 

13 shall remain the unfinished business of the Senate until 

14 disposed of. 

15 ‘‘(2) In the Senate, debate on the joint resolution, 

16 and on all debatable motions and appeals in connection 

17 therewith, shall be limited to not more than 10 hours, 

18 which shall be divided equally between those favoring and 

19 those opposing the joint resolution. A motion to further 

20 limit debate is in order and not debatable. An amendment 

21 to, or a motion to postpone, or a motion to proceed to 

22 the consideration of other business, or a motion to recom23 mit the joint resolution is not in order. 

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1 section (a), and a single quorum call at the conclusion of 

2 the debate if requested in accordance with the rules of the 

3 Senate, the vote on final passage of the joint resolution 

4 shall occur. 

5 ‘‘(4) Appeals from the decisions of the Chair relating 

6 to the application of the rules of the Senate to the proce7 dure relating to a joint resolution described in subsection 

8 (a) shall be decided without debate. 

9 ‘‘(e) In the Senate the procedure specified in sub10 section (c) or (d) shall not apply to the consideration of 

11 a joint resolution respecting a nonmajor rule— 

12 ‘‘(1) after the expiration of the 60 session days 

13 beginning with the applicable submission or publica14 tion date, or 

15 ‘‘(2) if the report under section 801(a)(1)(A) 

16 was submitted during the period referred to in sec17 tion 801(d)(1), after the expiration of the 60 session 

18 days beginning on the 15th session day after the 

19 succeeding session of Congress first convenes. 

20 ‘‘(f) If, before the passage by one House of a joint 

21 resolution of that House described in subsection (a), that 

22 House receives from the other House a joint resolution 

23 described in subsection (a), then the following procedures 

24 shall apply: 


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1 ‘‘(1) The joint resolution of the other House 

2 shall not be referred to a committee. 

3 ‘‘(2) With respect to a joint resolution described 

4 in subsection (a) of the House receiving the joint 

5 resolution— 

6 ‘‘(A) the procedure in that House shall be 

7 the same as if no joint resolution had been re8 ceived from the other House; but 

9 ‘‘(B) the vote on final passage shall be on 

10 the joint resolution of the other House. 

11 ‘‘§ 804. Definitions 

12 ‘‘For purposes of this chapter— 

13 ‘‘(1) The term ‘Federal agency’ means any 

14 agency as that term is defined in section 551(1). 

15 ‘‘(2) The term ‘major rule’ means any rule, in16 cluding an interim final rule, that the Administrator 

17 of the Office of Information and Regulatory Affairs 

18 of the Office of Management and Budget finds has 

19 resulted in or is likely to result in— 

20 ‘‘(A) an annual effect on the economy of 

21 $100,000,000 or more; 

22 ‘‘(B) a major increase in costs or prices for 

23 consumers, individual industries, Federal, 

24 State, or local government agencies, or geo25 graphic regions; or 


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1 ‘‘(C) significant adverse effects on competi2 tion, employment, investment, productivity, in3 novation, or on the ability of United States4 based enterprises to compete with foreign-based 

5 enterprises in domestic and export markets. 

6 ‘‘(3) The term ‘nonmajor rule’ means any rule 

7 that is not a major rule. 

8 ‘‘(4) The term ‘rule’ has the meaning given 

9 such term in section 551, except that such term does 

10 not include— 

11 ‘‘(A) any rule of particular applicability, 

12 including a rule that approves or prescribes for 

13 the future rates, wages, prices, services, or al14 lowances therefore, corporate or financial struc15 tures, reorganizations, mergers, or acquisitions 

16 thereof, or accounting practices or disclosures 

17 bearing on any of the foregoing; 

18 ‘‘(B) any rule relating to agency manage19 ment or personnel; or 

20 ‘‘(C) any rule of agency organization, pro21 cedure, or practice that does not substantially 

22 affect the rights or obligations of non-agency 

23 parties. 


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1 ‘‘§ 805. Judicial review 

2 ‘‘(a) No determination, finding, action, or omission 

3 under this chapter shall be subject to judicial review. 

4 ‘‘(b) Notwithstanding subsection (a), a court may de5 termine whether a Federal agency has completed the nec6 essary requirements under this chapter for a rule to take 

7 effect. 

8 ‘‘§ 806. Exemption for monetary policy 

9 ‘‘Nothing in this chapter shall apply to rules that con10 cern monetary policy proposed or implemented by the 

11 Board of Governors of the Federal Reserve System or the 

12 Federal Open Market Committee. 

13 ‘‘§ 807. Effective date of certain rules 

14 ‘‘Notwithstanding section 801— 

15 ‘‘(1) any rule that establishes, modifies, opens, 

16 closes, or conducts a regulatory program for a com17 mercial, recreational, or subsistence activity related 

18 to hunting, fishing, or camping; or 

19 ‘‘(2) any rule other than a major rule which an 

20 agency for good cause finds (and incorporates the 

21 finding and a brief statement of reasons therefore in 

22 the rule issued) that notice and public procedure 

23 thereon are impracticable, unnecessary, or contrary 

24 to the public interest, 

25 shall take effect at such time as the Federal agency pro26 mulgating the rule determines.’’. 


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1 TITLE III—TAX REFORM 

2 SEC. 301. REDUCTION IN CORPORATE INCOME TAX RATES. 

3 (a) IN GENERAL.—Paragraph (1) of section 11(b) of 

4 the Internal Revenue Code of 1986 is amended to read 

5 as follows: 

6 ‘‘(1) RATES OF TAX.— 

7 ‘‘(A) IN GENERAL.—Except as otherwise 

8 provided in this paragraph, the amount of the 

9 tax imposed by subsection (a) shall be the sum 

10 of— 

11 ‘‘(i) 15 percent of so much of the tax12 able income as does not exceed $50,000, 

13 and 

14 ‘‘(ii) 25 percent of so much of the tax15 able income as exceeds $50,000. 

16 ‘‘(B) SPECIAL RULES FOR 2011.—In the 

17 case of any taxable year beginning in 2011, the 

18 amount of the tax imposed by subsection (a) 

19 shall be the sum of— 

20 ‘‘(i) 15 percent of so much of the tax21 able income as does not exceed $50,000, 

22 and 

23 ‘‘(ii) 25 percent of so much of the tax24 able income as exceeds $50,000 but does 

25 not exceed $75,000, and 


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1 ‘‘(iii) 30 percent of so much of the 

2 taxable income as exceeds $75,000.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Section 11(b)(2) of such Code is amended 

5 by striking ‘‘35 percent’’ and inserting ‘‘the max6 imum rate of tax in effect under section 11(b)(1)’’. 

7 (2) Section 280C(c)(3)(B)(ii)(II) of such Code 

8 is amended by inserting ‘‘in effect’’ after ‘‘maximum 

9 rate of tax’’. 

10 (3) Section 904(b)(3)(D)(ii) of such Code is 

11 amended by striking ‘‘(determined without regard to 

12 the last sentence of section 11(b)(1))’’. 

13 (4) Section 1201(a) of such Code is amended— 

14 (A) by striking ‘‘35 percent (determined 

15 without regard to the last 2 sentences of section 

16 11(b)(1))’’ and inserting ‘‘the maximum rate of 

17 tax in effect under section 11(b)(1)’’, and 

18 (B) by striking ‘‘35 percent’’ in paragraph 

19 (2) and inserting ‘‘the maximum rate of tax in 

20 effect under section 11(b)(1)’’. 

21 (5) Section 1561(a) of such Code is amended 

22 by striking the fourth sentence. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to taxable years beginning after 

25 December 31, 2010. 


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1 SEC. 302. 2003 TAX REDUCTIONS ON DOMESTIC DIVIDENDS 

2 MADE PERMANENT. 

3 Effective for taxable years beginning after December 

4 31, 2011, section 303 of the Jobs and Growth Tax Relief 

5 Reconciliation Act of 2003 is hereby repealed. 

6 SEC. 303. SMALL BUSINESS EXPENSING FOR SMALL BUSI7 NESS MADE PERMANENT. 

8 (a) IN GENERAL.—Paragraph (1) of section 179(b) 

9 of the Internal Revenue Code of 1986 is amended by strik10 ing ‘‘exceed—’’ and all that follows and inserting ‘‘exceed 

11 $500,000.’’. 

12 (b) THRESHOLD FOR REDUCTION IN LIMITATION.— 

13 Paragraph (2) of section 179(b) of such Code is amended 

14 by striking ‘‘exceed—’’ and inserting ‘‘exceed 

15 $2,000,000.’’. 

16 (c) INFLATION ADJUSTMENTS.—Section 179(b)(6) of 

17 such Code is amended— 

18 (1) in subparagraph (A) in the matter pre19 ceding clause (i) by striking ‘‘the $125,000 and 

20 $500,000 amounts in paragraphs (1)(C) and 

21 (2)(C)’’ and inserting ‘‘the $500,000 and 

22 $2,000,000 amounts in paragraphs (1) and (2)’’, 

23 and 

24 (2) in subparagraph (A)(ii) by striking ‘‘2006’’ 

25 and inserting ‘‘2011’’. 


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1 (d) REVOCATION OF ELECTION.—Section 179(c)(2) 

2 of such Code is amended by striking ‘‘and before 2013’’. 

3 (e) COMPUTER SOFTWARE.—Section 

4 179(d)(1)(A)(ii) of such Code is amended by striking ‘‘and 

5 before 2012’’. 

6 (f) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on the date of the enactment 

8 of this Act. 

9 SEC. 304. PERMANENT EXTENSION OF ESTATE TAX RELIEF. 

10 (a) IN GENERAL.—Section 901 of the Economic 

11 Growth and Tax Relief Reconciliation Act of 2001 shall 

12 not apply to the provisions of, and amendments made by, 

13 title V of such Act. 

14 (b) CONFORMING AMENDMENT.—The Tax Relief, 

15 Unemployment Insurance Reauthorization, and Job Cre16 ation Act of 2010 is amended by striking section 304. 

17 (c) EFFECTIVE DATE.—Subsection (a) and the 

18 amendments made by subsection (b) shall apply to years 

19 beginning after December 31, 2012. 

20 SEC. 305. ADDITIONAL SAVINGS. 

21 The Committee on Ways and Means of the House 

22 of Representatives shall prioritize reporting out legislation 

23 that would provide significant reforms to the Internal Rev24 enue Code of 1986 that would— 


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1 (1) simplify the Internal Revenue Code of 1986 

2 for individuals and businesses to reduce the burden 

3 of compliance; 

4 (2) eliminate deductions that unjustly benefit 

5 corporations and special interests (and report out 

6 the savings resulting from these eliminations); and 

7 (3) consider proposals that will disincentivize 

8 and eliminate tax shelters. 

9 TITLE IV—WORKFORCE 

10 INVESTMENT 

11 SEC. 401. SENSE OF CONGRESS REGARDING THE NEED TO 

12 REAUTHORIZE THE WORKFORCE INVEST13 MENT ACT OF 1998. 

14 It is the sense of Congress that Congress should ur15 gently reauthorize the Workforce Investment Act of 1998 

16 (29 U.S.C. 2801 et seq.) in order to— 

17 (1) improve and expand the job training and 

18 other employment-related programs under the Act; 

19 and 

20 (2) modernize such programs to better train 

21 workers for the highly skilled jobs in the modern 

22 economy. 

Æ 


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