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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3302 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Restore America 
Act of 2011''.
    (b) Table of Contents.--

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.
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.

                            TITLE I--ENERGY

SEC. 100. FINDINGS.

    The Congress finds the following:
            (1) The United States is blessed with abundant energy 
        resources on the outer Continental Shelf and has developed a 
        comprehensive framework of environmental laws and regulations 
        and fostered the development of state-of-the-art technology 
        that allows for the responsible development of these resources 
        for the benefit of its citizenry.
            (2) Adjacent States are required by the circumstances to 
        commit significant resources in support of exploration, 
        development, and production activities for mineral resources on 
        the outer Continental Shelf, and it is fair and proper for a 
        portion of the receipts from such activities to be shared with 
        Adjacent States and their local coastal governments.
            (3) Development of domestic oil and gas resources can be 
        accomplished in a safe and environmentally responsible manner.

                  Subtitle A--Outer Continental Shelf

SEC. 101. LEASING PROGRAM CONSIDERED APPROVED.

    (a) In General.--The Draft Proposed Outer Continental Shelf (OCS) 
Oil and Gas Leasing Program 2010-2015 released by the Secretary of the 
Interior (referred to in this section as the ``Secretary'') in January 
2009, under section 18 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1344), is considered to have been approved by the Secretary as a 
final oil and gas leasing program under that section, and is considered 
to be in full compliance with and in accordance with all requirements 
of the Outer Continental Shelf Lands Act, National Environmental Policy 
Act of 1969, Endangered Species Act of 1973, Clean Air Act, Marine 
Mammal Protection Act of 1972, Oil Pollution Act of 1990, and all other 
applicable laws.
    (b) Final Environmental Impact Statement.--The Secretary is 
considered to have issued a legally sufficient final environmental 
impact statement for the program described in subsection (a) in 
accordance with all requirements under section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), and 
all other applicable laws.

SEC. 102. OUTER CONTINENTAL SHELF LEASE SALES.

    (a) In General.--Except as provided in subsection (b), not later 
than 30 days after the date of enactment of this Act and every 270 days 
thereafter, the Secretary of the Interior (referred to in this section 
as the ``Secretary'') shall conduct a lease sale in each outer 
Continental Shelf area for which the Secretary determines that there is 
a commercial interest in purchasing Federal oil and gas leases for 
production on the outer Continental Shelf.
    (b) Subsequent Determinations and Sales.--If the Secretary 
determines that there is not a commercial interest in purchasing 
Federal oil and gas leases for production on the outer Continental 
Shelf in an area under subsection (a), not later than 2 years after the 
date of such determination, and every 2 years thereafter, the Secretary 
shall--
            (1) reevaluate whether there is commercial interest in 
        purchasing Federal oil and gas leases for production on the 
        outer Continental Shelf in the area; and
            (2) if the Secretary determines that there is a commercial 
        interest described in paragraph (1), conduct a lease sale in 
        the area.

SEC. 103. DEFINITIONS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.

    Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) 
is amended--
            (1) in the matter preceding subsection (a), by striking 
        ``When used in this Act--'' and inserting ``In this Act:'';
            (2) in subsection (a), by inserting after ``control'' the 
        following: ``, or lying within the United States exclusive 
        economic zone adjacent to the Territories of the United 
        States'';
            (3) by amending subsection (f) to read as follows:
    ``(f) The term `affected State' means the `Adjacent State'.'';
            (4) by striking the semicolon at the end of each of 
        subsections (a) through (o) and inserting a period;
            (5) by striking ``; and'' at the end of subsection (p) and 
        inserting a period; and
            (6) by adding at the end the following:
    ``(r) The term `Adjacent State' means, with respect to any program, 
plan, lease sale, leased tract, or other activity, proposed, conducted, 
or approved pursuant to the provisions of this Act, any State the laws 
of which are declared, pursuant to section 4(a)(2), to be the law of 
the United States for the portion of the outer Continental Shelf to 
which such program, plan, lease sale, or leased tract appertains or on 
which such activity is, or is proposed to be, conducted. For purposes 
of this paragraph, the term `State' includes the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana Islands, the Virgin 
Islands, American Samoa, Guam, and the other Territories of the United 
States.
    ``(s) The term `Adjacent Zone' means, with respect to any program, 
plan, lease sale, leased tract, or other activity, proposed, conducted, 
or approved pursuant to the provisions of this Act, the portion of the 
outer Continental Shelf for which the laws of a particular Adjacent 
State are declared, pursuant to section 4(a)(2), to be the law of the 
United States.
    ``(t) The term `miles' means statute miles.
    ``(u) The term `coastline' has the same meaning as the term `coast 
line' as defined in section 2(c) of the Submerged Lands Act (43 U.S.C. 
1301(c)).''.

SEC. 104. DETERMINATION OF ADJACENT ZONES AND OCS PLANNING AREAS.

    Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1333(a)(2)(A)) is amended in the first sentence by striking ``, 
and the President'' and all that follows through the end of the 
sentence and inserting the following: ``. The lines extending seaward 
and defining each State's Adjacent Zone, and each OCS Planning Area, 
are as indicated on the maps for each outer Continental Shelf region 
entitled `Alaska OCS Region State Adjacent Zone and OCS Planning 
Areas', `Pacific OCS Region State Adjacent Zones and OCS Planning 
Areas', `Gulf of Mexico OCS Region State Adjacent Zones and OCS 
Planning Areas', and `Atlantic OCS Region State Adjacent Zones and OCS 
Planning Areas', all of which are dated September 2005 and on file in 
the Office of the Director, Bureau of Ocean Energy Management, 
Regulation and Enforcement.''.

SEC. 105. GRANT OF LEASES BY SECRETARY.

    Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) 
is amended--
            (1) by adding at the end of subsection (b) the following:
    ``The Secretary may issue more than one lease for a given tract if 
each lease applies to a separate and distinct range of vertical depths, 
horizontal surface area, or a combination of the two. The Secretary may 
issue regulations that the Secretary determines are necessary to manage 
such leases consistent with the purposes of this Act.'';
            (2) by amending subsection (p)(2)(B) to read as follows:
                    ``(B) The Secretary shall provide for the payment 
                to coastal States, and their local coastal governments, 
                of 75 percent of Federal receipts from projects 
                authorized under this section located partially or 
                completely within the area extending seaward of State 
                submerged lands out to 4 marine leagues from the 
                coastline, and the payment to coastal States of 50 
                percent of the receipts from projects completely 
                located in the area more than 4 marine leagues from the 
                coastline. Payments shall be based on a formula 
                established by the Secretary by rulemaking no later 
                than 180 days after the date of the enactment of the 
                Restore America Act of 2011 that provides for equitable 
                distribution, based on proximity to the project, among 
                coastal States that have coastline that is located 
                within 200 miles of the geographic center of the 
                project.'';
            (3) by adding at the end the following:
    ``(q) Removal of Restrictions on Joint Bidding in Certain Areas of 
the Outer Continental Shelf.--Restrictions on joint bidders shall no 
longer apply to tracts located in the Alaska OCS Region. Such 
restrictions shall not apply to tracts in other OCS regions determined 
to be `frontier tracts' or otherwise `high cost tracts' under final 
regulations that shall be published by the Secretary by not later than 
365 days after the date of the enactment of this subsection.
    ``(r) Conservation of Resources Fees.--Not later than one year 
after the date of the enactment of this subsection, the Secretary by 
regulation shall establish a conservation of resources fee for 
nonproducing leases that will apply to new and existing leases which 
shall be set at $3.75 per acre per year. This fee shall apply from and 
after January 1, 2012, and shall be treated as offsetting receipts.'';
            (4) by striking subsection (a)(3)(A) and redesignating the 
        subsequent subparagraphs as subparagraphs (A) and (B), 
        respectively;
            (5) in subsection (a)(3)(A) (as so redesignated) by 
        striking ``In the Western'' and all that follows through ``the 
        Secretary'' the first place it appears and inserting ``The 
        Secretary''; and
            (6) effective January 1, 2012, in subsection (g)--
                    (A) by striking all after ``(g)'', except paragraph 
                (3);
                    (B) by striking the last sentence of paragraph (3); 
                and
                    (C) by striking ``(3)''.

SEC. 106. DISPOSITION OF RECEIPTS.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
is amended--
            (1) by designating the existing text as subsection (a);
            (2) in subsection (a) (as so designated) by inserting ``, 
        if not paid as otherwise provided in this title'' after 
        ``receipts''; and
            (3) by adding the following:
    ``(b) Treatment of OCS Receipts From Tracts Completely Within 100 
Miles of the Coastline.--
            ``(1) Deposit.--The Secretary shall deposit into a separate 
        account in the Treasury the portion of OCS Receipts for each 
        fiscal year that will be shared under paragraphs (2), (3), and 
        (4).
            ``(2) Phased-in receipts sharing.--
                    ``(A) Beginning January 1, 2012, the Secretary 
                shall share OCS Receipts derived from the following 
                areas:
                            ``(i) Lease tracts located on portions of 
                        the Gulf of Mexico OCS Region completely beyond 
                        4 marine leagues from any coastline and 
                        completely within 100 miles of any coastline 
                        that were available for leasing under the 2002-
                        2007 5-Year OCS Oil and Gas Leasing Program.
                            ``(ii) Lease tracts in production prior to 
                        January 1, 2012, completely beyond 4 marine 
                        leagues from any coastline and completely 
                        within 100 miles of any coastline located on 
                        portions of the OCS that were not available for 
                        leasing under the 2002-2007 5-Year OCS Oil and 
                        Gas Leasing Program.
                            ``(iii) Lease tracts for which leases are 
                        issued prior to January 1, 2012, located in the 
                        Alaska OCS Region completely beyond 4 marine 
                        leagues from any coastline and completely 
                        within 100 miles of the coastline.
                    ``(B) The Secretary shall share the following 
                percentages of OCS Receipts from the leases described 
                in subparagraph (A) derived during the fiscal year 
                indicated:
                            ``(i) For fiscal year 2012, 5 percent.
                            ``(ii) For fiscal year 2013, 8 percent.
                            ``(iii) For fiscal year 2014, 11 percent.
                            ``(iv) For fiscal year 2015, 14 percent.
                            ``(v) For fiscal year 2016, 17 percent.
                            ``(vi) For fiscal year 2017, 20 percent.
                            ``(vii) For fiscal year 2018, 23 percent.
                            ``(viii) For fiscal year 2019, 26 percent.
                            ``(ix) For fiscal year 2020, 29 percent.
                            ``(x) For fiscal year 2021, 32 percent.
                            ``(xi) For fiscal year 2022, 35 percent.
                            ``(xii) For fiscal year 2023 and each 
                        subsequent fiscal year, 37.5 percent.
            ``(3) Immediate receipts sharing.--Beginning January 1, 
        2012, the Secretary shall share 37.50 percent of OCS Receipts 
        derived from all leases located completely beyond 4 marine 
        leagues from any coastline and completely within 100 miles of 
        any coastline not included within the provisions of paragraph 
        (2), and the balance shall be deposited in the Treasury.
            ``(4) Receipts sharing from tracts within 4 marine leagues 
        of any coastline.--
                    ``(A) Areas described in paragraph (2).--Beginning 
                January 1, 2012, and continuing through September 30, 
                2013, the Secretary shall share 25 percent of OCS 
                Receipts derived from all leases located within 4 
                marine leagues from any coastline within areas 
                described in paragraph (2). For each fiscal year after 
                September 30, 2013, the Secretary shall increase the 
                percent shared in 5 percent increments each fiscal year 
                until the sharing rate for all leases located within 4 
                marine leagues from any coastline within areas 
                described in paragraph (2) becomes 75 percent.
                    ``(B) Areas not described in paragraph (2).--
                Beginning January 1, 2012, the Secretary shall share 75 
                percent of OCS receipts derived from all leases located 
                completely or partially within 4 marine leagues from 
                any coastline within areas not described paragraph (2).
            ``(5) Allocations.--The Secretary shall allocate the OCS 
        Receipts deposited into the separate account established by 
        paragraph (1) that are shared under paragraphs (2), (3), and 
        (4) as follows:
                    ``(A) Bonus bids.--Deposits derived from bonus bids 
                from a leased tract, including interest thereon, shall 
                be allocated at the end of each fiscal year to the 
                Adjacent State.
                    ``(B) Royalties.--Deposits derived from royalties 
                from a leased tract, including interest thereon, shall 
                be allocated at the end of each fiscal year to the 
                Adjacent State and any other producing State or States 
                with a leased tract within its Adjacent Zone within 100 
                miles of its coastline that generated royalties during 
                the fiscal year, if the other producing State or States 
                have a coastline point within 300 miles of any portion 
                of the leased tract, in which case the amount allocated 
                for the leased tract shall be--
                            ``(i) one-third to the Adjacent State; and
                            ``(ii) two-thirds to each producing State, 
                        including the Adjacent State, inversely 
                        proportional to the distance between the 
                        nearest point on the coastline of the producing 
                        State and the geographic center of the leased 
                        tract.
    ``(c) Treatment of OCS Receipts From Tracts Partially or Completely 
Beyond 100 Miles of the Coastline.--
            ``(1) Deposit.--The Secretary shall deposit into a separate 
        account in the Treasury the portion of OCS Receipts for each 
        fiscal year that will be shared under paragraphs (2) and (3).
            ``(2) Phased-in receipts sharing.--
                    ``(A) Beginning January 1, 2012, the Secretary 
                shall share OCS Receipts derived from the following 
                areas:
                            ``(i) Lease tracts located on portions of 
                        the Gulf of Mexico OCS Region partially or 
                        completely beyond 100 miles of any coastline 
                        that were available for leasing under the 2002-
                        2007 5-Year OCS Oil and Gas Leasing Program.
                            ``(ii) Lease tracts in production prior to 
                        January 1, 2012, partially or completely beyond 
                        100 miles of any coastline located on portions 
                        of the OCS that were not available for leasing 
                        under the 2002-2007 5-Year OCS Oil and Gas 
                        Leasing Program.
                            ``(iii) Lease tracts for which leases are 
                        issued prior to January 1, 2012, located in the 
                        Alaska OCS Region partially or completely 
                        beyond 100 miles of the coastline.
                    ``(B) The Secretary shall share the following 
                percentages of OCS Receipts from the leases described 
                in subparagraph (A) derived during the fiscal year 
                indicated:
                            ``(i) For fiscal year 2012, 5 percent.
                            ``(ii) For fiscal year 2013, 8 percent.
                            ``(iii) For fiscal year 2014, 11 percent.
                            ``(iv) For fiscal year 2015, 14 percent.
                            ``(v) For fiscal year 2016, 17 percent.
                            ``(vi) For fiscal year 2017, 20 percent.
                            ``(vii) For fiscal year 2018, 23 percent.
                            ``(viii) For fiscal year 2019, 26 percent.
                            ``(ix) For fiscal year 2020, 29 percent.
                            ``(x) For fiscal year 2021, 32 percent.
                            ``(xi) For fiscal year 2022, 35 percent.
                            ``(xii) For fiscal year 2023 and each 
                        subsequent fiscal year, 37.5 percent.
            ``(3) Immediate receipts sharing.--Beginning January 1, 
        2012, the Secretary shall share 37.5 percent of OCS Receipts 
        derived on and after January 1, 2012, from all leases located 
        partially or completely beyond 100 miles of any coastline not 
        included within the provisions of paragraph (2), except that 
        the Secretary shall only share 25 percent of such OCS Receipts 
        derived from all such leases within a State's Adjacent Zone if 
        no leasing is allowed within any portion of that State's 
        Adjacent Zone located completely within 100 miles of any 
        coastline.
            ``(4) Allocations.--The Secretary shall allocate the OCS 
        Receipts deposited into the separate account established by 
        paragraph (1) that are shared under paragraphs (2) and (3) as 
        follows:
                    ``(A) Bonus bids.--Deposits derived from bonus bids 
                from a leased tract, including interest thereon, shall 
                be allocated at the end of each fiscal year to the 
                Adjacent State.
                    ``(B) Royalties.--Deposits derived from royalties 
                from a leased tract, including interest thereon, shall 
                be allocated at the end of each fiscal year to the 
                Adjacent State and any other producing State or States 
                with a leased tract within its Adjacent Zone partially 
                or completely beyond 100 miles of its coastline that 
                generated royalties during the fiscal year, if the 
                other producing State or States have a coastline point 
                within 300 miles of any portion of the leased tract, in 
                which case the amount allocated for the leased tract 
                shall be--
                            ``(i) one-third to the Adjacent State; and
                            ``(ii) two-thirds to each producing State, 
                        including the Adjacent State, inversely 
                        proportional to the distance between the 
                        nearest point on the coastline of the producing 
                        State and the geographic center of the leased 
                        tract.
    ``(d) Transmission of Allocations.--Not later than 90 days after 
the end of each fiscal year, the Secretary shall transmit to each State 
100 percent of such State's allocations under subsections (b)(5)(A), 
(b)(5)(B), (c)(4)(A), and (c)(4)(B) for the immediate prior fiscal 
year.
    ``(e) Effect of Future Laws.--Enactment of any future Federal 
statute that has the effect, as determined by the Secretary, of 
restricting any Federal agency from spending appropriated funds, or 
otherwise preventing it from fulfilling its pre-existing 
responsibilities as of the date of enactment of the statute, unless 
such responsibilities have been reassigned to another Federal agency by 
the statute with no prevention of performance, to issue any permit or 
other approval impacting on the OCS oil and gas leasing program, or any 
lease issued thereunder, or to implement any provision of this Act 
shall automatically prohibit any sharing of OCS Receipts under this 
section directly with the States, and their coastal political 
subdivisions, for the duration of the restriction. The Secretary shall 
make the determination of the existence of such restricting effects 
within 30 days of a petition by any outer Continental Shelf lessee or 
producing State.
    ``(f) Definitions.--In this section:
            ``(1) Bonus bids.--The term `bonus bids' means all funds 
        received by the Secretary to issue an outer Continental Shelf 
        minerals lease.
            ``(2) Royalties.--The term `royalties' means all funds 
        received by the Secretary from production of oil or natural 
        gas, or the sale of production taken in-kind, from an outer 
        Continental Shelf minerals lease.
            ``(3) Producing state.--The term `producing State' means an 
        Adjacent State having an Adjacent Zone containing leased tracts 
        from which OCS Receipts were derived.
            ``(4) OCS receipts.--The term `OCS Receipts' means bonus 
        bids, royalties, and conservation of resources fees.''.

SEC. 107. OUTER CONTINENTAL SHELF LEASING PROGRAM.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended--
            (1) in subsection (a), by adding at the end of paragraph 
        (3) the following: ``The Secretary shall, in each 5-Year 
        Program, include lease sales that when viewed as a whole 
        propose to offer for oil and gas leasing at least 75 percent of 
        the available unleased acreage within each OCS Planning Area. 
        Available unleased acreage is that portion of the outer 
        Continental Shelf that is not under lease at the time of the 
        proposed lease sale, and has not otherwise been made 
        unavailable for leasing by law.'';
            (2) in subsection (c), by striking so much as precedes 
        paragraph (3) and inserting the following:
    ``(c)(1) During the preparation of any proposed leasing program 
under this section, the Secretary shall consider and analyze leasing 
throughout the entire outer Continental Shelf without regard to any 
other law affecting such leasing. During this preparation, the 
Secretary shall invite and consider suggestions from any interested 
Federal agency, including the Attorney General, in consultation with 
the Federal Trade Commission, and from the Governor of any coastal 
State. The Secretary may also invite or consider any suggestions from 
the executive of any local government in a coastal State that have been 
previously submitted to the Governor of such State, and from any other 
person. Further, the Secretary shall consult with the Secretary of 
Defense regarding military operational needs in the outer Continental 
Shelf. The Secretary shall work with the Secretary of Defense to 
resolve any conflicts that might arise regarding offering any area of 
the outer Continental Shelf for oil and gas leasing. If the Secretaries 
are not able to resolve all such conflicts, any unresolved issues shall 
be elevated to the President for resolution.
    ``(2) After the consideration and analysis required by paragraph 
(1), including the consideration of the suggestions received from any 
interested Federal agency, the Federal Trade Commission, the Governor 
of any coastal State, any local government of a coastal State, and any 
other person, the Secretary shall publish in the Federal Register a 
proposed leasing program accompanied by a draft environmental impact 
statement prepared pursuant to the National Environmental Policy Act of 
1969. After the publishing of the proposed leasing program and during 
the comment period provided for on the draft environmental impact 
statement, the Secretary shall submit a copy of the proposed program to 
the Governor of each affected State for review and comment. The 
Governor may solicit comments from those executives of local 
governments in the Governor's State that the Governor, in the 
discretion of the Governor, determines will be affected by the proposed 
program. If any comment by such Governor is received by the Secretary 
at least 15 days prior to submission to the Congress pursuant to 
paragraph (3) and includes a request for any modification of such 
proposed program, the Secretary shall reply in writing, granting or 
denying such request in whole or in part, or granting such request in 
such modified form as the Secretary considers appropriate, and stating 
the Secretary's reasons therefor. All such correspondence between the 
Secretary and the Governor of any affected State, together with any 
additional information and data relating thereto, shall accompany such 
proposed program when it is submitted to the Congress.''; and
            (3) by adding at the end the following:
    ``(i) Projection of State Adjacent Zone Resources and State and 
Local Government Shares of OCS Receipts.--Concurrent with the 
publication of the scoping notice at the beginning of the development 
of each 5-Year Outer Continental Shelf Oil and Gas Leasing Program, or 
as soon thereafter as possible, the Secretary shall--
            ``(1) provide to each Adjacent State a current estimate of 
        proven and potential oil and gas resources located within the 
        State's Adjacent Zone; and
            ``(2) provide to each Adjacent State, and coastal political 
        subdivisions thereof, a best efforts projection of the OCS 
        Receipts that the Secretary expects will be shared with each 
        Adjacent State, and its coastal political subdivisions, using 
        the assumption that the unleased tracts within the State's 
        Adjacent Zone are fully made available for leasing, including 
        long-term projected OCS Receipts. In addition, the Secretary 
        shall include a macroeconomic estimate of the impact of such 
        leasing on the national economy and each State's economy, 
        including investment, jobs, revenues, personal income, and 
        other categories.''.

SEC. 108. COORDINATION WITH ADJACENT STATES.

    Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1345) is amended--
            (1) in subsection (a) in the first sentence by inserting 
        ``, for any tract located within the Adjacent State's Adjacent 
        Zone,'' after ``government''; and
            (2) by adding at the end the following:
    ``(f)(1) No Federal agency may permit or otherwise approve, without 
the concurrence of the Adjacent State, the construction of a crude oil 
or petroleum products (or both) pipeline within the part of the 
Adjacent State's Adjacent Zone that is withdrawn from oil and gas 
leasing, except that such a pipeline may be approved, without such 
Adjacent State's concurrence, to pass through such Adjacent Zone if at 
least 50 percent of the production projected to be carried by the 
pipeline within its first 10 years of operation is from areas of the 
Adjacent State's Adjacent Zone.
    ``(2) No State may prohibit the construction within its Adjacent 
Zone or its State waters of a natural gas pipeline that will transport 
natural gas produced from the outer Continental Shelf. However, an 
Adjacent State may prevent a proposed natural gas pipeline landing 
location if it proposes two alternate landing locations in the Adjacent 
State, acceptable to the Adjacent State, located within 50 miles on 
either side of the proposed landing location.''.

SEC. 109. ENVIRONMENTAL STUDIES.

    Section 20(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1346(d)) is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following:
            ``(2) For all programs, lease sales, leases, and actions 
        under this Act, the following shall apply regarding the 
        application of the National Environmental Policy Act of 1969:
                    ``(A) Granting or directing lease suspensions and 
                the conduct of all preliminary activities on outer 
                Continental Shelf tracts, including seismic activities, 
                are categorically excluded from the need to prepare 
                either an environmental assessment or an environmental 
                impact statement, and the Secretary shall not be 
                required to analyze whether any exceptions to a 
                categorical exclusion apply for activities conducted 
                under the authority of this Act.
                    ``(B) The environmental impact statement developed 
                in support of each 5-Year Oil and Gas Leasing Program 
                provides the environmental analysis for all lease sales 
                to be conducted under the program, and such sales shall 
                not be subject to further environmental analysis.
                    ``(C) Exploration plans shall not be subject to any 
                requirement to prepare an environmental impact 
                statement, and the Secretary may find that exploration 
                plans are eligible for categorical exclusion due to the 
                impacts already being considered within an 
                environmental impact statement or due to mitigation 
                measures included within the plan.
                    ``(D) Within each OCS Planning Area, after the 
                preparation of the first development and production 
                plan environmental impact statement for a leased tract 
                within the Area, future development and production 
                plans for leased tracts within the Area shall only 
                require the preparation of an environmental assessment 
                unless the most recent development and production plan 
                environmental impact statement within the Area was 
                finalized more than 10 years prior to the date of the 
                approval of the plan, in which case an environmental 
                impact statement shall be required.''.

SEC. 110. SEAWARD BOUNDARIES OF STATES.

    Section 4 of the Submerged Lands Act (43 U.S.C. 1312) is amended--
            (1) in the first sentence by striking ``original'', and in 
        the same sentence by striking ``three geographical'' and 
        inserting ``twelve nautical''; and
            (2) by striking all after the first sentence and inserting 
        the following: ``Extension and delineation of lateral offshore 
        State boundaries under the provisions of this Act shall follow 
        the lines used to determine the Adjacent Zones of coastal 
        States under the Outer Continental Shelf Lands Act to the 
        extent such lines extend twelve nautical miles for the nearest 
        coastline.''.

SEC. 111. OUTER CONTINENTAL SHELF INCOMPATIBLE USE.

    (a) In General.--No Federal agency may permit construction or 
operation (or both) of any facility, or designate or maintain a 
restricted transportation corridor or operating area on the Federal 
outer Continental Shelf or in State waters, that will be incompatible 
with, as determined by the Secretary of the Interior, oil and gas 
leasing and substantially full exploration and production of tracts 
that are geologically prospective for oil or natural gas (or both).
    (b) Exceptions.--Subsection (a) shall not apply to any facility, 
transportation corridor, or operating area the construction, operation, 
designation, or maintenance of which is or will be--
            (1) located in an area of the outer Continental Shelf that 
        is unavailable for oil and gas leasing by operation of law;
            (2) used for a military readiness activity (as defined in 
        section 315(f) of Public Law 107-314; 16 U.S.C. 703 note); or
            (3) required in the national interest, as determined by the 
        President.

SEC. 112. REPURCHASE OF CERTAIN LEASES.

    (a) Authority To Repurchase and Cancel Certain Leases.--The 
Secretary of the Interior may repurchase and cancel any Federal oil and 
gas, geothermal, coal, oil shale, tar sands, or other mineral lease, 
whether onshore or offshore, but not including any outer Continental 
Shelf oil and gas leases that were subject to litigation in the Court 
of Federal Claims on January 1, 2006, if the Secretary finds that such 
lease qualifies for repurchase and cancellation under the regulations 
authorized by this section.
    (b) Regulations.--Not later than 365 days after the date of the 
enactment of this Act, the Secretary shall publish a final regulation 
stating the conditions under which a lease referred to in subsection 
(a) would qualify for repurchase and cancellation, and the process to 
be followed regarding such repurchase and cancellation.
    (c) No Prejudice.--This section shall not be interpreted to 
prejudice any other rights that the lessee would have in the absence of 
this section.

SEC. 113. OFFSITE ENVIRONMENTAL MITIGATION.

    Notwithstanding any other provision of law, any person conducting 
activities under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the 
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.), the Mineral 
Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), the Act of 
March 1, 1911 (commonly known as the Weeks Law) (36 Stat. 961; ch. 
186), the Act of May 10, 1872 (commonly known as the General Mining Act 
of 1872) (17 Stat. 91; 30 U.S.C. 22 et seq.), the Act of July 31, 1947 
(commonly known as the Materials Act of 1947) (61 Stat. 681; 30 U.S.C. 
601 et seq.), or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.), may in satisfying any mitigation requirements associated with 
such activities propose mitigation measures on a site away from the 
area impacted, and the Secretary of the Interior shall accept these 
proposed measures if the Secretary finds that they generally achieve 
the purposes for which mitigation measures appertained.

              Subtitle B--Arctic National Wildlife Refuge

SEC. 121. DEFINITIONS.

    In this subtitle:
            (1) Coastal plain.--The term ``Coastal Plain'' means that 
        area described in appendix I to part 37 of title 50, Code of 
        Federal Regulations.
            (2) Secretary.--The term ``Secretary'', except as otherwise 
        provided, means the Secretary of the Interior or the 
        Secretary's designee.

SEC. 122. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.

    (a) In General.--The Secretary shall take such actions as are 
necessary--
            (1) to establish and implement, in accordance with this 
        subtitle and acting through the Director of the Bureau of Land 
        Management in consultation with the Director of the United 
        States Fish and Wildlife Service, a competitive oil and gas 
        leasing program that will result in an environmentally sound 
        program for the exploration, development, and production of the 
        oil and gas resources of the Coastal Plain; and
            (2) to administer the provisions of this subtitle through 
        regulations, lease terms, conditions, restrictions, 
        prohibitions, stipulations, and other provisions that ensure 
        the oil and gas exploration, development, and production 
        activities on the Coastal Plain will result in no significant 
        adverse effect on fish and wildlife, their habitat, subsistence 
        resources, and the environment, including, in furtherance of 
        this goal, by requiring the application of the best 
        commercially available technology for oil and gas exploration, 
        development, and production to all exploration, development, 
        and production operations under this subtitle in a manner that 
        ensures the receipt of fair market value by the public for the 
        mineral resources to be leased.
    (b) Repeal.--
            (1) Repeal.--Section 1003 of the Alaska National Interest 
        Lands Conservation Act (16 U.S.C. 3143) is repealed.
            (2) Conforming amendment.--The table of contents in section 
        1 of such Act is amended in the item relating to section 1003 
        by striking ``Prohibition on development'' and inserting 
        ``Repealed''.
    (c) Compliance With Requirements Under Certain Other Laws.--
            (1) Compatibility.--For purposes of the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
        seq.), the oil and gas leasing program and activities 
        authorized by this section in the Coastal Plain are deemed to 
        be compatible with the purposes for which the Arctic National 
        Wildlife Refuge was established, and no further findings or 
        decisions are required to implement this determination.
            (2) Adequacy of the department of the interior's 
        legislative environmental impact statement.--The ``Final 
        Legislative Environmental Impact Statement'' (April 1987) on 
        the Coastal Plain prepared pursuant to section 1002 of the 
        Alaska National Interest Lands Conservation Act (16 U.S.C. 
        3142) and section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy 
        the requirements under the National Environmental Policy Act of 
        1969 that apply with respect to prelease activities, including 
        actions authorized to be taken by the Secretary to develop and 
        promulgate the regulations for the establishment of a leasing 
        program authorized by this subtitle before the conduct of the 
        first lease sale.
            (3) Compliance with nepa for other actions.--Before 
        conducting the first lease sale under this subtitle, the 
        Secretary shall prepare an environmental impact statement under 
        the National Environmental Policy Act of 1969 with respect to 
        the actions authorized by this subtitle that are not referred 
        to in paragraph (2). Notwithstanding any other law, the 
        Secretary is not required to identify nonleasing alternative 
        courses of action or to analyze the environmental effects of 
        such courses of action. The Secretary shall only identify a 
        preferred action for such leasing and a single leasing 
        alternative, and analyze the environmental effects and 
        potential mitigation measures for those two alternatives. The 
        identification of the preferred action and related analysis for 
        the first lease sale under this subtitle shall be completed not 
        later than 18 months after the date of enactment of this Act. 
        The Secretary shall only consider public comments that 
        specifically address the Secretary's preferred action and that 
        are filed within 20 days after publication of an environmental 
        analysis. Notwithstanding any other law, compliance with this 
        paragraph is deemed to satisfy all requirements for the 
        analysis and consideration of the environmental effects of 
        proposed leasing under this subtitle.
    (d) Relationship to State and Local Authority.--Nothing in this 
subtitle shall be considered to expand or limit State or local 
regulatory authority.
    (e) Special Areas.--
            (1) In general.--The Secretary, after consultation with the 
        State of Alaska, the city of Kaktovik, and the North Slope 
        Borough, may designate up to a total of 45,000 acres of the 
        Coastal Plain as a Special Area if the Secretary determines 
        that the Special Area is of such unique character and interest 
        so as to require special management and regulatory protection. 
        The Secretary shall designate as such a Special Area the 
        Sadlerochit Spring area, comprising approximately 4,000 acres.
            (2) Management.--Each such Special Area shall be managed so 
        as to protect and preserve the area's unique and diverse 
        character, including its fish, wildlife, and subsistence 
        resource values.
            (3) Exclusion from leasing or surface occupancy.--The 
        Secretary may exclude any Special Area from leasing. The 
        Secretary may only lease a Special Area, or any subtitle 
        thereof, for purposes of oil and gas exploration, development, 
        production, or related activities, if there is no surface 
        occupancy of the lands comprising the Special Area.
            (4) Directional drilling.--Notwithstanding the other 
        provisions of this subsection, the Secretary may lease all or a 
        portion of a Special Area under terms that permit the use of 
        horizontal drilling technology from sites on leases located 
        outside the Special Area.
    (f) Limitation on Closed Areas.--The Secretary's sole authority to 
close lands within the Coastal Plain to oil and gas leasing and to 
exploration, development, or production is that authority set forth in 
this subtitle.
    (g) Regulations.--
            (1) In general.--The Secretary shall prescribe such 
        regulations as may be necessary to carry out this subtitle, 
        including rules and regulations relating to protection of the 
        fish and wildlife, their habitat, the subsistence resources, 
        and the environment of the Coastal Plain, by not later than 15 
        months after the date of enactment of this Act.
            (2) Revision of regulations.--The Secretary shall 
        periodically review and, if appropriate, revise the rules and 
        regulations issued under subsection (a) to reflect any 
        significant biological, environmental, or engineering data that 
        come to the Secretary's attention.

SEC. 123. LEASE SALES.

    (a) In General.--Lands may be leased pursuant to this subtitle to 
any person qualified to obtain a lease for deposits of oil and gas 
under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
    (b) Procedures.--The Secretary shall, by regulation, establish 
procedures for--
            (1) receipt and consideration of sealed nominations for any 
        area in the Coastal Plain for inclusion in, or exclusion (as 
        provided in subsection (c)) from, a lease sale;
            (2) the holding of lease sales after such nomination 
        process; and
            (3) public notice of and comment on designation of areas to 
        be included in, or excluded from, a lease sale.
    (c) Lease Sale Bids.--Bidding for leases under this subtitle shall 
be by sealed competitive cash bonus bids.
    (d) Acreage Minimum in First Sale.--In the first lease sale under 
this subtitle, the Secretary shall offer for lease those tracts the 
Secretary considers to have the greatest potential for the discovery of 
hydrocarbons, taking into consideration nominations received pursuant 
to subsection (b)(1), but in no case less than 200,000 acres.
    (e) Timing of Lease Sales.--The Secretary shall--
            (1) conduct the first lease sale under this subtitle not 
        later than 22 months after the date of the enactment of this 
        Act;
            (2) evaluate the bids in such sale and issue leases 
        resulting from such sale, not later than 90 days after the date 
        of the completion of such sale; and
            (3) conduct additional sales so long as sufficient interest 
        in development exists to warrant, in the Secretary's judgment, 
        the conduct of such sales.

SEC. 124. GRANT OF LEASES BY THE SECRETARY.

    (a) In General.--The Secretary may grant to the highest responsible 
qualified bidder in a lease sale conducted pursuant to section 123 any 
lands to be leased on the Coastal Plain upon payment by the lessee of 
such bonus as may be accepted by the Secretary.
    (b) Subsequent Transfers.--No lease issued under this subtitle may 
be sold, exchanged, assigned, sublet, or otherwise transferred except 
with the approval of the Secretary. Prior to any such approval, the 
Secretary shall consult with, and give due consideration to the views 
of, the Attorney General.

SEC. 125. LEASE TERMS AND CONDITIONS.

    An oil or gas lease issued pursuant to this subtitle shall--
            (1) provide for the payment of a royalty of not less than 
        12\1/2\ percent in amount or value of the production removed or 
        sold from the lease, as determined by the Secretary under the 
        regulations applicable to other Federal oil and gas leases;
            (2) provide that the Secretary may close, on a seasonal 
        basis, portions of the Coastal Plain to exploratory drilling 
        activities as necessary to protect caribou calving areas and 
        other species of fish and wildlife;
            (3) require that the lessee of lands within the Coastal 
        Plain shall be fully responsible and liable for the reclamation 
        of lands within the Coastal Plain and any other Federal lands 
        that are adversely affected in connection with exploration, 
        development, production, or transportation activities conducted 
        under the lease and within the Coastal Plain by the lessee or 
        by any of the subcontractors or agents of the lessee;
            (4) provide that the lessee may not delegate or convey, by 
        contract or otherwise, the reclamation responsibility and 
        liability to another person without the express written 
        approval of the Secretary;
            (5) provide that the standard of reclamation for lands 
        required to be reclaimed under this subtitle shall be, as 
        nearly as practicable, a condition capable of supporting the 
        uses which the lands were capable of supporting prior to any 
        exploration, development, or production activities, or upon 
        application by the lessee, to a higher or better use as 
        approved by the Secretary;
            (6) provide that the lessee, its agents, and its 
        contractors use best efforts to provide a fair share, as 
        determined by the level of obligation previously agreed to in 
        the 1974 agreement implementing section 29 of the Federal 
        Agreement and Grant of Right of Way for the Operation of the 
        Trans-Alaska Pipeline, of employment and contracting for Alaska 
        Natives and Alaska Native Corporations from throughout the 
        State;
            (7) prohibit the export of oil produced under the lease; 
        and
            (8) contain such other provisions as the Secretary 
        determines necessary to ensure compliance with the provisions 
        of this subtitle and the regulations issued under this 
        subtitle.

SEC. 126. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

    (a) No Significant Adverse Effect Standard To Govern Authorized 
Coastal Plain Activities.--The Secretary shall, consistent with the 
requirements of section 122, administer the provisions of this subtitle 
through regulations, lease terms, conditions, restrictions, 
prohibitions, stipulations, and other provisions that--
            (1) ensure the oil and gas exploration, development, and 
        production activities on the Coastal Plain will result in no 
        significant adverse effect on fish and wildlife, their habitat, 
        and the environment;
            (2) require the application of the best commercially 
        available technology for oil and gas exploration, development, 
        and production on all new exploration, development, and 
        production operations; and
            (3) ensure that the maximum amount of surface acreage 
        covered by production and support facilities, including 
        airstrips and any areas covered by gravel berms or piers for 
        support of pipelines, does not exceed 2,000 acres on the 
        Coastal Plain.
    (b) Site-Specific Assessment and Mitigation.--The Secretary shall 
also require, with respect to any proposed drilling and related 
activities, that--
            (1) a site-specific analysis be made of the possible 
        significant adverse effects, if any, that the drilling or 
        related activities will have on fish and wildlife, their 
        habitat, subsistence resources, and the environment;
            (2) if the analysis under paragraph (1) results in a 
        finding that a significant adverse effect prohibited by 
        subsection (a)(1) is likely to occur as a result of the 
        proposed drilling or related activity, a plan be developed and 
        implemented to avoid, minimize, and mitigate (in that order and 
        to the extent practicable) the significant adverse effect in 
        order to comply with such subsection; and
            (3) the development of a plan under paragraph (2) shall 
        occur after consultation with the agency or agencies having 
        jurisdiction over matters covered by the plan.
    (c) Regulations To Protect Coastal Plain Fish and Wildlife 
Resources, Subsistence Users, and the Environment.--Before implementing 
the leasing program authorized by this subtitle, the Secretary shall 
prepare and promulgate regulations, lease terms, conditions, 
restrictions, prohibitions, stipulations, and other measures designed 
to ensure that the activities undertaken on the Coastal Plain under 
this subtitle are conducted in a manner consistent with the purposes 
and environmental requirements of this subtitle.
    (d) Compliance With Federal and State Environmental Laws and Other 
Requirements.--The proposed regulations, lease terms, conditions, 
restrictions, prohibitions, and stipulations for the leasing program 
under this subtitle shall require compliance with all applicable 
provisions of Federal and State environmental law, and shall also 
require the following:
            (1) Standards at least as effective as the safety and 
        environmental mitigation measures set forth in items 1 through 
        29 at pages 167 through 169 of the ``Final Legislative 
        Environmental Impact Statement'' (April 1987) on the Coastal 
        Plain.
            (2) Seasonal limitations on exploration, development, and 
        related activities, where necessary, to avoid significant 
        adverse effects during periods of concentrated fish and 
        wildlife breeding, denning, nesting, spawning, and migration.
            (3) That exploration activities, except for surface 
        geological studies, be limited to the period between 
        approximately November 1 and May 1 each year and that 
        exploration activities shall be supported, if necessary, by ice 
        roads, winter trails with adequate snow cover, ice pads, ice 
        airstrips, and air transport methods, except that such 
        exploration activities may occur at other times if the 
        Secretary finds that such exploration will have no significant 
        adverse effect on the fish and wildlife, their habitat, and the 
        environment of the Coastal Plain.
            (4) Design safety and construction standards for all 
        pipelines and any access and service roads, that--
                    (A) minimize, to the maximum extent possible, 
                adverse effects upon the passage of migratory species 
                such as caribou; and
                    (B) minimize adverse effects upon the flow of 
                surface water by requiring the use of culverts, 
                bridges, and other structural devices.
            (5) Prohibitions on general public access and use on all 
        pipeline access and service roads.
            (6) Stringent reclamation and rehabilitation requirements, 
        consistent with the standards set forth in this subtitle, 
        requiring the removal from the Coastal Plain of all oil and gas 
        development and production facilities, structures, and 
        equipment upon completion of oil and gas production operations, 
        except that the Secretary may exempt from the requirements of 
        this paragraph those facilities, structures, or equipment that 
        the Secretary determines would assist in the management of the 
        Arctic National Wildlife Refuge and that are donated to the 
        United States for that purpose.
            (7) Appropriate prohibitions or restrictions on access by 
        all modes of transportation.
            (8) Appropriate prohibitions or restrictions on sand and 
        gravel extraction.
            (9) Consolidation of facility siting.
            (10) Appropriate prohibitions or restrictions on use of 
        explosives.
            (11) Avoidance, to the extent practicable, of springs, 
        streams, and river systems; the protection of natural surface 
        drainage patterns, wetlands, and riparian habitats; and the 
        regulation of methods or techniques for developing or 
        transporting adequate supplies of water for exploratory 
        drilling.
            (12) Avoidance or minimization of air traffic-related 
        disturbance to fish and wildlife.
            (13) Treatment and disposal of hazardous and toxic wastes, 
        solid wastes, reserve pit fluids, drilling muds and cuttings, 
        and domestic wastewater, including an annual waste management 
        report, a hazardous materials tracking system, and a 
        prohibition on chlorinated solvents, in accordance with 
        applicable Federal and State environmental law.
            (14) Fuel storage and oil spill contingency planning.
            (15) Research, monitoring, and reporting requirements.
            (16) Field crew environmental briefings.
            (17) Avoidance of significant adverse effects upon 
        subsistence hunting, fishing, and trapping by subsistence 
        users.
            (18) Compliance with applicable air and water quality 
        standards.
            (19) Appropriate seasonal and safety zone designations 
        around well sites, within which subsistence hunting and 
        trapping shall be limited.
            (20) Reasonable stipulations for protection of cultural and 
        archeological resources.
            (21) All other protective environmental stipulations, 
        restrictions, terms, and conditions deemed necessary by the 
        Secretary.
    (e) Considerations.--In preparing and promulgating regulations, 
lease terms, conditions, restrictions, prohibitions, and stipulations 
under this section, the Secretary shall consider the following:
            (1) The stipulations and conditions that govern the 
        National Petroleum Reserve-Alaska leasing program, as set forth 
        in the 1999 Northeast National Petroleum Reserve-Alaska Final 
        Integrated Activity Plan/Environmental Impact Statement.
            (2) The environmental protection standards that governed 
        the initial Coastal Plain seismic exploration program under 
        parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
            (3) The land use stipulations for exploratory drilling on 
        the KIC-ASRC private lands that are set forth in appendix 2 of 
        the August 9, 1983, agreement between Arctic Slope Regional 
        Corporation and the United States.
    (f) Facility Consolidation Planning.--
            (1) In general.--The Secretary shall, after providing for 
        public notice and comment, prepare and update periodically a 
        plan to govern, guide, and direct the siting and construction 
        of facilities for the exploration, development, production, and 
        transportation of Coastal Plain oil and gas resources.
            (2) Objectives.--The plan shall have the following 
        objectives:
                    (A) Avoiding unnecessary duplication of facilities 
                and activities.
                    (B) Encouraging consolidation of common facilities 
                and activities.
                    (C) Locating or confining facilities and activities 
                to areas that will minimize impact on fish and 
                wildlife, their habitat, and the environment.
                    (D) Utilizing existing facilities wherever 
                practicable.
                    (E) Enhancing compatibility between wildlife values 
                and development activities.
    (g) Access to Public Lands.--The Secretary shall--
            (1) manage public lands in the Coastal Plain in accordance 
        with subsections (a) and (b) of section 811 of the Alaska 
        National Interest Lands Conservation Act (16 U.S.C. 3121); and
            (2) ensure that local residents shall have reasonable 
        access to public lands in the Coastal Plain for traditional 
        uses.

SEC. 127. EXPEDITED JUDICIAL REVIEW.

    (a) Filing of Complaint.--
            (1) Deadline.--Subject to paragraph (2), any complaint 
        seeking judicial review of any provision of this subtitle or 
        any action of the Secretary under this subtitle shall be 
        filed--
                    (A) except as provided in subparagraph (B), within 
                the 60-day period beginning on the date of the action 
                being challenged; or
                    (B) in the case of a complaint based solely on 
                grounds arising after such period, within 60 days after 
                the complainant knew or reasonably should have known of 
                the grounds for the complaint.
            (2) Venue.--Any complaint seeking judicial review of any 
        provision of this subtitle or any action of the Secretary under 
        this subtitle may be filed only in the United States District 
        Court for the District of Columbia.
            (3) Limitation on scope of certain review.--Judicial review 
        of a Secretarial decision to conduct a lease sale under this 
        subtitle, including the environmental analysis thereof, shall 
        be limited to whether the Secretary has complied with the terms 
        of this subtitle and shall be based upon the administrative 
        record of that decision. The Secretary's identification of a 
        preferred course of action to enable leasing to proceed and the 
        Secretary's analysis of environmental effects under this 
        subtitle shall be presumed to be correct unless shown otherwise 
        by clear and convincing evidence to the contrary.
    (b) Limitation on Other Review.--Actions of the Secretary with 
respect to which review could have been obtained under this section 
shall not be subject to judicial review in any civil or criminal 
proceeding for enforcement.

SEC. 128. FEDERAL AND STATE DISTRIBUTION OF REVENUES.

    (a) In General.--Notwithstanding any other provision of law, of the 
amount of adjusted bonus, rental, and royalty revenues from Federal oil 
and gas leasing and operations authorized under this subtitle--
            (1) 50 percent shall be paid to the State of Alaska; and
            (2) except as provided in section 131(d), the balance shall 
        be deposited in the Treasury.
    (b) Payments to Alaska.--Payments to the State of Alaska under this 
section shall be made semiannually.

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

    (a) In General.--The Secretary shall issue rights-of-way and 
easements across the Coastal Plain for the transportation of oil and 
gas--
            (1) except as provided in paragraph (2), under section 28 
        of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
        title XI of the Alaska National Interest Lands Conservation Act 
        (30 U.S.C. 3161 et seq.); and
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (30 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170 and 3171).
    (b) Terms and Conditions.--The Secretary shall include in any 
right-of-way or easement issued under subsection (a) such terms and 
conditions as may be necessary to ensure that transportation of oil and 
gas does not result in a significant adverse effect on the fish and 
wildlife, subsistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be sited or 
designed so as to avoid unnecessary duplication of roads and pipelines.
    (c) Regulations.--The Secretary shall include in regulations under 
section 122(g) provisions regarding the granting of rights-of-way and 
easements described in subsection (a) of this section.

SEC. 130. CONVEYANCE.

    In order to maximize Federal revenues by removing clouds on title 
to lands and clarifying land ownership patterns within the Coastal 
Plain, the Secretary, notwithstanding the provisions of section 
1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3192(h)(2)), shall convey--
            (1) to the Kaktovik Inupiat Corporation the surface estate 
        of the lands described in paragraph 1 of Public Land Order 
        6959, to the extent necessary to fulfill the Corporation's 
        entitlement under sections 12 and 14 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance 
        with the terms and conditions of the Agreement between the 
        Department of the Interior, the United States Fish and Wildlife 
        Service, the Bureau of Land Management, and the Kaktovik 
        Inupiat Corporation effective January 22, 1993; and
            (2) to the Arctic Slope Regional Corporation the remaining 
        subsurface estate to which it is entitled pursuant to the 
        August 9, 1983, agreement between the Arctic Slope Regional 
        Corporation and the United States of America.

SEC. 131. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.

    (a) Financial Assistance Authorized.--
            (1) In general.--The Secretary may use amounts available 
        from the Coastal Plain Local Government Impact Aid Assistance 
        Fund established by subsection (d) to provide timely financial 
        assistance to entities that are eligible under paragraph (2) 
        and that are directly impacted by the exploration for or 
        production of oil and gas on the Coastal Plain under this 
        subtitle.
            (2) Eligible entities.--The North Slope Borough, the city 
        of Kaktovik, and any other borough, municipal subdivision, 
        village, or other community in the State of Alaska that is 
        directly impacted by exploration for, or the production of, oil 
        or gas on the Coastal Plain under this subtitle, as determined 
        by the Secretary, shall be eligible for financial assistance 
        under this section.
    (b) Use of Assistance.--Financial assistance under this section may 
be used only for--
            (1) planning for mitigation of the potential effects of oil 
        and gas exploration and development on environmental, social, 
        cultural, recreational, and subsistence values;
            (2) implementing mitigation plans and maintaining 
        mitigation projects;
            (3) developing, carrying out, and maintaining projects and 
        programs that provide new or expanded public facilities and 
        services to address needs and problems associated with such 
        effects, including firefighting, police, water, waste 
        treatment, medivac, and medical services; and
            (4) establishment of a coordination office, by the North 
        Slope Borough, in the city of Kaktovik, which shall--
                    (A) coordinate with and advise developers on local 
                conditions, impact, and history of the areas utilized 
                for development; and
                    (B) provide to the Committee on Natural Resources 
                of the House of Representatives and the Committee on 
                Energy and Natural Resources of the Senate an annual 
                report on the status of coordination between developers 
                and the communities affected by development.
    (c) Application.--
            (1) In general.--Any community that is eligible for 
        assistance under this section may submit an application for 
        such assistance to the Secretary, in such form and under such 
        procedures as the Secretary may prescribe by regulation.
            (2) North slope borough communities.--A community located 
        in the North Slope Borough may apply for assistance under this 
        section either directly to the Secretary or through the North 
        Slope Borough.
            (3) Application assistance.--The Secretary shall work 
        closely with and assist the North Slope Borough and other 
        communities eligible for assistance under this section in 
        developing and submitting applications for assistance under 
        this section.
    (d) Establishment of Fund.--
            (1) In general.--There is established in the Treasury the 
        Coastal Plain Local Government Impact Aid Assistance Fund.
            (2) Use.--Amounts in the fund may be used only for 
        providing financial assistance under this section.
            (3) Deposits.--Subject to paragraph (4), there shall be 
        deposited into the fund amounts received by the United States 
        as revenues derived from adjusted bonus, rental, and royalty 
        revenues from Federal oil and gas leasing and operations 
        authorized under this subtitle.
            (4) Limitation on deposits.--The total amount in the fund 
        may not exceed $11,000,000.
            (5) Investment of balances.--The Secretary of the Treasury 
        shall invest amounts in the fund in interest-bearing government 
        securities.
    (e) Authorization of Appropriations.--To provide financial 
assistance under this section, there is authorized to be appropriated 
to the Secretary from the Coastal Plain Local Government Impact Aid 
Assistance Fund $5,000,000 for each fiscal year.

                         Subtitle C--Oil Shale

SEC. 141. OIL SHALE.

    (a) Findings.--The Congress finds the following:
            (1) The Office of Naval Petroleum and Oil Shale Reserves at 
        the Department of Energy has estimated that oil shale resources 
        located on Federal lands hold 2 trillion undiscovered 
        technically recoverable barrels of oil.
            (2) Oil shale is a strategically important domestic 
        resource that should be developed to reduce the growing 
        dependence of the United States on politically and economically 
        unstable sources of foreign oil imports.
            (3) The development of oil shale for research and 
        commercial development should be conducted in an 
        environmentally sound manner, using practices that minimize 
        impacts.
            (4) Development of such strategic unconventional fuel 
        should occur, with an emphasis on sustainability, to benefit 
        the United States while taking into account affected States and 
        communities.
            (5) Oil shale is one of the best resources available for 
        advancing American technology and creating American jobs.
            (6) Oil shale will be a critically important component of 
        the Nation's transportation fuel sector in particular, by 
        providing a secure domestic source of aviation fuel for both 
        commercial and military uses.
    (b) Additional Research and Development Lease Sales.--The Secretary 
of the Interior shall hold a lease sale not later than 180 days after 
the date of enactment of this Act offering an additional 10 parcels for 
lease for research, development, and demonstration of oil shale 
resources, under the terms offered in the solicitation of bids for such 
leases published on January 15, 2009 (74 Fed. Reg. 2611).
    (c) Application of Regulations.--The oil shale management final 
rules published by the Department of the Interior on November 18, 2008 
(73 Fed. Reg. 69414), shall apply to all commercial leasing for the 
management of federally owned oil shale, and any associated minerals, 
located on Federal lands.
    (d) Reduced Payments To Ensure Production.--The Secretary of the 
Interior may temporarily reduce royalties, fees, rentals, bonus bids, 
or other payments for leases of Federal lands for the development and 
production of oil shale resources as necessary to give incentives for 
and encourage development of such resources, if the Secretary 
determines that the royalties, fees, rentals, bonus bids, and other 
payments otherwise authorized by law are hindering production of such 
resources.

                       Subtitle D--Coal-to-Liquid

SEC. 151. DEFINITIONS RELATING TO COAL-TO-LIQUID FUEL AND FACILITIES.

    For purposes of this subtitle:
            (1) Coal-to-liquid fuel.--The term ``coal-to-liquid fuel'' 
        means any transportation-grade liquid fuel derived primarily 
        from coal (including peat).
            (2) Qualified coal-to-liquid facility.--The term 
        ``qualified coal-to-liquid facility'' means a manufacturing 
        facility that has the capacity to produce at least 10,000 
        barrels per day of coal-to-liquid fuel from a feedstock that is 
        primarily domestic coal (including peat and any property which 
        allows for the capture, transportation, or sequestration of 
        byproducts resulting from such process, including carbon 
        emissions).

SEC. 152. REPEAL.

    Section 526 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17142) is repealed.

                          Subtitle E--Nuclear

SEC. 161. FINDINGS AND POLICY.

    (a) Findings.--The Congress finds that--
            (1) nuclear power is a safe, reliable, efficient, and 
        affordable source of energy;
            (2) there are 104 nuclear reactors currently operating in 
        the United States, providing 20 percent of the electricity of 
        the United States, slightly less than the electricity generated 
        by natural gas;
            (3) nuclear power plants virtually eliminate emissions of 
        greenhouse gases and criteria pollutants associated with acid 
        rain, smog, or ozone;
            (4) long lead times for nuclear power plant licensing, 
        permitting, and construction indicate that action to stimulate 
        the nuclear power industry should not be delayed;
            (5) there are 17 combined operating license applications 
        currently pending before the Nuclear Regulatory Commission for 
        26 new reactors in the United States, with 4 applications 
        inactive due to regulatory uncertainty;
            (6) increasing nuclear power threefold will create 480,000 
        construction jobs, 140,000 permanent jobs, and $20,000,000,000 
        in local, State, and Federal tax revenue each year;
            (7) increasing nuclear power threefold will produce 320 
        gigawatts of electricity to power 237,000,000 households and 
        constitute 52 percent of the United States electricity 
        portfolio by 2030;
            (8) the Nuclear Waste Policy Act of 1982 requires the 
        Federal Government to take ownership of high-level radioactive 
        waste and spent nuclear fuel and build a permanent geologic 
        repository in which to store this waste;
            (9) the Nuclear Waste Policy Act of 1982, as amended in 
        1987, selected the Yucca Mountain site to be the sole geologic 
        repository in which to store high-level radioactive waste and 
        spent nuclear fuel;
            (10) the Congress reaffirmed Yucca Mountain as the sole 
        candidate site for a geologic repository in 2001;
            (11) despite the foregoing laws, the Government has failed 
        to accept high-level radioactive waste and spent nuclear fuel 
        from utilities and has delayed construction of the Yucca 
        Mountain repository; and
            (12) the failure of the Federal Government to accept high-
        level radioactive waste and spent nuclear fuel from utilities 
        is a significant barrier to the future development of 
        additional nuclear power.
    (b) Statement of Policy.--It is the policy of the United States, 
given the importance of making a transition to a clean energy, low-
carbon economy, to facilitate the continued development and growth of a 
safe and clean nuclear energy industry through reductions in financial, 
regulatory, and technical barriers to construction and operation.

SEC. 162. 200 OPERATING PERMITS BY 2040.

    Subject to the requirements of this subtitle and in accordance with 
existing law, the Nuclear Regulatory Commission shall issue operating 
permits for 200 new commercial nuclear reactors, enough to triple 
current megawatt capacity, by 2040, if there are a sufficient number of 
qualified applicants.

SEC. 163. REPEAL OF OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

    Section 304 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10224) is repealed.

SEC. 164. RADIOLOGICAL MATERIAL REPOSITORY.

    (a) Repository Required.--The Federal Government shall site and 
permit at least one radiological material geologic repository for the 
disposal of radiological material.
    (b) Yucca Mountain.--
            (1) In general.--The repository site at Yucca Mountain 
        shall remain the site for the Nation's radiological material 
        repository unless it is determined unsuitable, based on 
        technical and scientific analysis, by the Nuclear Regulatory 
        Commission following full statutory review of the Department of 
        Energy's license application to construct the Yucca Mountain 
        repository.
            (2) Application.--The Nuclear Regulatory Commission shall 
        continue to review the Department of Energy's pending license 
        application to construct the repository at Yucca Mountain until 
        a determination is made on the merits of the application.
            (3) Deadlines.--
                    (A) Suitability determination.--Not later than 90 
                days after the enactment of this Act, the Nuclear 
                Regulatory Commission shall make a determination 
                regarding the suitability of Yucca Mountain under 
                paragraph (1).
                    (B) Action on application.--Not later than 180 days 
                after the enactment of this Act, the Nuclear Regulatory 
                Commission shall approve or deny the application under 
                paragraph (2).
            (4) Limitations on amount of radiological material.--All 
        statutory limitations on the amount of radiological material 
        that can be placed in Yucca Mountain are hereby removed and 
        shall be replaced by the Nuclear Regulatory Commission with new 
        limits based on scientific and technical analysis of the full 
        capacity of Yucca Mountain for the storage of radiological 
        material.
    (c) Alternative Repository.--
            (1) In general.--Should the Nuclear Regulatory Commission 
        determine under subsection (b) that Yucca Mountain is not a 
        suitable location to place a radiological material repository, 
        the Secretary shall be responsible for, not later than 1 year 
        after the date on which such determination is made, locating 
        and submitting an application for an alternative geologic 
        repository that provides at least 120,000 tons of storage 
        capacity.
            (2) Action on application.--Not later than 2 years after 
        the date on which an application is submitted under paragraph 
        (1) or (3), the Nuclear Regulatory Commission shall approve or 
        deny such application.
            (3) Further application submissions.--If an application is 
        denied under paragraph (2), the Secretary shall submit a new 
        application in accordance with paragraph (1) not later than 1 
        year after the date of such denial.
            (4) Requirements.--For the purposes of this subtitle and 
        the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), 
        an alternative repository permitted under this subsection shall 
        be subject to the same requirements as Yucca Mountain.

SEC. 165. INDEPENDENT RADIOLOGICAL MATERIAL MANAGEMENT.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Energy shall submit to Congress a report 
regarding the following:
            (1) The feasibility of establishing an independent 
        radiological material management program that would meet the 
        guidelines in subsection (b).
            (2) Legislative and regulatory action necessary to phase 
        out the fee structure contained in section 302 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10222) in order to allow a 
        fee structure described in subsection (b)(5)(F) to be 
        implemented if a program meeting the guidelines in subsection 
        (b) is established.
    (b) Guidelines.--
            (1) In general.--Under a program established in accordance 
        with this subsection, the Secretary may award a contract, based 
        on a competitive bidding process, to an eligible entity to 
        manage the Nation's activities related to one or more 
        radiological material repositories.
            (2) Eligible entity.--For the purposes of this subsection, 
        the term ``eligible entity'' means a non-Federal organization 
        that demonstrates the ability to meet the requirements of a 
        program established in accordance with this subsection.
            (3) Application contents.--The Secretary may require an 
        eligible entity seeking to be awarded a contract under a 
        program established in accordance with this subsection to 
        submit to the Secretary an application containing the 
        following:
                    (A) A complete description of the fee structure the 
                eligible entity will use to fund the maintenance and 
                operation of repositories, in accordance with paragraph 
                (5)(F).
                    (B) Such other materials as the Secretary may 
                require.
            (4) Transfer of control.--The Secretary may transfer to an 
        eligible entity awarded a contract under a program established 
        in accordance with this subsection control and ownership of all 
        Nuclear Regulatory Commission-issued licenses, allowances, and 
        responsibilities necessary for the operation of the nuclear 
        materials repository at Yucca Mountain.
            (5) Responsibilities.--The Secretary may require an 
        eligible entity awarded a contract under a program established 
        in accordance with this subsection to be responsible for the 
        following:
                    (A) Providing technical and other information to 
                the Nuclear Regulatory Commission as it reviews the 
                Department of Energy's permit application for the Yucca 
                Mountain repository.
                    (B) Seeking all other necessary regulatory 
                approvals and permits to construct and operate the 
                Yucca Mountain repository.
                    (C) Managing construction of one or more 
                radiological material repositories upon Nuclear 
                Regulatory Commission approval, including conducting 
                all necessary design and engineering work to support 
                construction of the repository.
                    (D) Radiological material repository operations.
                    (E) Undertaking all infrastructure activities 
                necessary to support the construction or operation of 
                the repository or transportation to the site of 
                radiological material, including--
                            (i) safety upgrades;
                            (ii) site preparation;
                            (iii) construction of a rail line to 
                        connect the repository site with the national 
                        rail network, including any facilities to 
                        facilitate rail operations; and
                            (iv) construction, upgrade, acquisition, or 
                        operation of electrical grids or facilities, 
                        other utilities, communication facilities, 
                        access roads, rail lines, and nonnuclear 
                        support facilities.
                    (F) Creating a fee structure for the geologic 
                storage of radiological material. The fees may not 
                exceed the amount necessary to maintain and operate 
                repositories and shall be the primary mechanism for 
                accessing repositories, and in setting the fees the 
                eligible entity shall take into consideration multiple 
                variables, including--
                            (i) volume;
                            (ii) toxicity;
                            (iii) heat load; and
                            (iv) repository operation costs.
    (c) Congressional Authorization Required.--The Secretary may not 
establish an independent radiological material management program under 
this section unless authorized by a law enacted after the date of 
enactment of this Act.

SEC. 166. SPENT NUCLEAR FUEL RECYCLING.

    (a) Prohibition.--The President is prohibited from blocking or 
hindering spent nuclear fuel recycling activities.
    (b) Rulemaking for Licensing of Spent Nuclear Fuel Recycling 
Facilities.--Not later than 2 years after the date of enactment of this 
Act, the Chairman of the Nuclear Regulatory Commission shall complete a 
rulemaking establishing a process for the licensing by the Nuclear 
Regulatory Commission, under the Atomic Energy Act of 1954, of 
facilities for the recycling of spent nuclear fuel.

SEC. 167. NUCLEAR FUEL SUPPLY RESERVE.

    (a) Inventory.--The Secretary of Energy shall conduct an inventory 
of all materials owned by the Department of Energy that could, either 
without or with further processing, be used to power commercial nuclear 
reactors.
    (b) Establishment of Reserve.--The Secretary shall establish a 
nuclear fuel supply reserve consisting of materials identified as 
available for such purposes from the inventory conducted under 
subsection (a). The Secretary shall establish appropriate procedures to 
ensure that the reserve can protect United States energy producers from 
shortages of nuclear fuel.
    (c) Plan.--The Secretary shall transmit to the Congress a long-term 
plan for introducing nuclear fuel supplies from the reserve into the 
market.

SEC. 168. PUBLIC HEALTH AND SAFETY.

    Nothing in this subtitle shall supersede, mitigate, detract from, 
or in any way decrease the Nuclear Regulatory Commission's ability to 
maintain the highest possible levels of public health and safety 
standards, consistent with the provisions of the Atomic Energy Act of 
1954. No authority granted by this subtitle shall be executed in a 
manner that jeopardizes, minimizes, reduces, or lessens public health 
and safety standards.

SEC. 169. STREAMLINING COMBINED CONSTRUCTION AND OPERATING LICENSE.

    (a) In General.--The Nuclear Regulatory Commission shall establish 
and implement an expedited procedure for issuing a Combined 
Construction and Operating License.
    (b) Qualifications.--To qualify for the expedited procedure under 
this section, an applicant shall--
            (1) apply for construction of a reactor based on a design 
        certified (or provisionally certified under section 170) by the 
        Nuclear Regulatory Commission;
            (2) construct the new reactor on or adjacent to a site 
        where an operating nuclear power plant already exists;
            (3) not be subject to a Nuclear Regulatory Commission order 
        to modify, suspend, or revoke a license under section 2.202 of 
        title 10, Code of Federal Regulations; and
            (4) submit a complete Combined Construction and Operating 
        License application that is docketed by the Commission.
    (c) Expedited Procedure.--With respect to a license for which the 
applicant has satisfied the requirements of subsection (b) and seeks 
expedited consideration, the Nuclear Regulatory Commission shall follow 
the following procedures:
            (1) Undertake an expedited environmental review process and 
        issue a draft environmental impact statement not later than 12 
        months after the application is accepted for docketing.
            (2) Begin public licensing hearings when a draft 
        environmental impact statement has been issued, and complete 
        any such hearings and related processes not later than 24 
        months after accepting for docketing the expedited Combined 
        Construction and Operating License application.
            (3) Complete the technical review process and issue the 
        Safety Evaluation Report and the final environmental impact 
        statement not later than 18 months after the application is 
        accepted for docketing.
            (4) Make a final decision on whether to issue the Combined 
        Construction and Operating License not later than 25 months 
        after docketing the application.
    (d) Goals.--The Chairman of the Nuclear Regulatory Commission shall 
present recommendations to Congress not later than 90 days after the 
date of enactment of this Act for procedures that would further 
facilitate the licensing of new nuclear reactors in a timely manner.

SEC. 170. REACTOR DESIGN CERTIFICATION.

    (a) Provisional Certification.--
            (1) Authority.--The Nuclear Regulatory Commission may 
        provide to an applicant a provisional certification of a 
        proposed nuclear reactor design.
            (2) Effect of provisional certification.--Approval of a 
        provisional design certification under this subsection shall 
        not eliminate, reduce, or otherwise affect any requirement for 
        reactor design approval or certification by the Nuclear 
        Regulatory Commission or any other agency under Federal law.
            (3) Timing.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a provisional certification shall be provided or 
                denied under this subsection not later than 60 days 
                after the date of application therefor.
                    (B) Extension.--The Nuclear Regulatory Commission 
                may extend the time period under subparagraph (A) for 
                an additional 30 days if necessary to enable 
                certification.
            (4) Criteria.--In determining whether to approve a 
        provisional certification application under this subsection, 
        the Nuclear Regulatory Commission shall consider whether the 
        proposed design--
                    (A) is based on existing and commercially proven 
                technology;
                    (B) has been approved by internationally recognized 
                regulators; and
                    (C) is safely operating or under construction in 
                other nations.
            (5) Supplemental information.--An application for 
        provisional certification under this subsection may include 
        supplemental information provided by potential future 
        applicants for approval of the same or a similar design.
    (b) Expedited Certification Process.--Not later than one year after 
the date of enactment of this Act, the Chairman of the Nuclear 
Regulatory Commission shall develop and submit to the Congress an 
expedited process for certifying reactor designs, including those 
designs under consideration for certification by the Commission on the 
date of enactment of this Act, that significantly reduces the time 
necessary to achieve such certification.

SEC. 171. TECHNOLOGY-NEUTRAL PLANT DESIGN SPECIFICATIONS.

    Not later than one year after the date of enactment of this Act, 
the Chairman of the Nuclear Regulatory Commission shall submit to the 
Congress a report regarding recommendations for the development of 
technology-neutral plant design specifications.

SEC. 172. NEXT GENERATION NUCLEAR PLANT.

    The Secretary of Energy and the Chairman of the Nuclear Regulatory 
Commission shall review the Next Generation Nuclear Plant Licensing 
Strategy report submitted to Congress in August 2008, as required by 
section 644 of the Energy Policy Act of 2005 (42 U.S.C. 16024), with 
the purpose of reevaluating and significantly accelerating the Next 
Generation Nuclear Power Plant schedule. Not later than 180 days after 
the date of enactment of this Act, the Secretary shall submit to the 
Congress a report including a revised schedule and funding requirements 
that would allow for program completion as near as is possible to the 
date that is 5 years after the date of enactment of this Act.

SEC. 173. URANIUM MINING ON FEDERAL LANDS.

    The Secretary of the Interior may not use the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.) to prevent uranium 
mining from taking place on Federal lands unless the Secretary makes 
findings explaining the reason for such prevention. No Federal agency 
may collect additional leasing fees that have not been authorized to be 
collected before the date of enactment of this Act to mine uranium on 
Federal lands. Any fees collected in association with commercial 
uranium mining on Federal lands that should be applied for remediation 
purposes shall only be applied to the remediation of sites that 
incurred damage as a result of commercial nuclear activities. Such fees 
shall not be applied to the remediation of any sites that incurred 
damage as a result of Government or Government-sponsored activities.

SEC. 174. SMALL AND MODULAR REACTOR LICENSING.

    (a) Report.--Not later than 90 days after the date of enactment of 
this Act, the Chairman of the Nuclear Regulatory Commission shall 
transmit to the Congress a report containing recommendations, including 
the personnel and resource requirements necessary to implement the 
recommendations, for streamlined licensing procedures for small and 
modular nuclear reactors.
    (b) Regulations.--Not later than one year after the date of 
enactment of this Act, the Chairman of the Nuclear Regulatory 
Commission shall promulgate regulations to implement the 
recommendations transmitted under subsection (a).

SEC. 175. LIMITATION ON REGULATORY TIME FRAME.

    In establishing standards for or otherwise regulating the storage 
of radioactive material under section 121(a) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10141(a)) or any other Federal law, the 
Administrator of the Environmental Protection Agency may not consider 
environmental effects that could occur more than 10,000 years after the 
date of such regulatory action.

SEC. 176. DEFINITION.

    In this subtitle, the term ``radiological material'' means 
radioactive material that is a byproduct of the production of nuclear 
power, including high-level nuclear waste and spent nuclear fuel, as 
those terms are defined in section 2 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101), but not including low-level radiological 
material as that term is defined in such section.

                      TITLE II--REGULATORY REFORM

SEC. 201. PURPOSE.

    The purpose of this title is to increase accountability for and 
transparency in the Federal regulatory process. Section 1 of article I 
of the United States Constitution grants all legislative powers to 
Congress. Over time, Congress has excessively delegated its 
constitutional charge while failing to conduct appropriate oversight 
and retain accountability for the content of the laws it passes. By 
requiring a vote in Congress, this title will result in more carefully 
drafted and detailed legislation, an improved regulatory process, and a 
legislative branch that is truly accountable to the American people for 
the laws imposed upon them.

SEC. 202. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    Chapter 8 of title 5, United States Code, is amended to read as 
follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW 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.
``Sec. 801. Congressional review
    ``(a)(1)(A) Before a rule may take effect, the Federal agency 
promulgating such rule shall submit to each House of the Congress and 
to the Comptroller General a report containing--
            ``(i) a copy of the rule;
            ``(ii) a concise general statement relating to the rule;
            ``(iii) a classification of the rule as a major or nonmajor 
        rule, including an explanation of the classification 
        specifically addressing each criteria for a major rule 
        contained within sections 804(2)(A), 804(2)(B), and 804(2)(C);
            ``(iv) a list of any other related regulatory actions 
        intended to implement the same statutory provision or 
        regulatory objective as well as the individual and aggregate 
        economic effects of those actions; and
            ``(v) the proposed effective date of the rule.
    ``(B) On the date of the submission of the report under 
subparagraph (A), the Federal agency promulgating the rule shall submit 
to the Comptroller General and make available to each House of 
Congress--
            ``(i) a complete copy of the cost-benefit analysis of the 
        rule, if any;
            ``(ii) the agency's actions pursuant to title 5 of the 
        United States Code, sections 603, 604, 605, 607, and 609;
            ``(iii) the agency's actions pursuant to title 2 of the 
        United States Code, sections 1532, 1533, 1534, and 1535; and
            ``(iv) any other relevant information or requirements under 
        any other Act and any relevant Executive orders.
    ``(C) Upon receipt of a report submitted under subparagraph (A), 
each House shall provide copies of the report to the chairman and 
ranking member of each standing committee with jurisdiction under the 
rules of the House of Representatives or the Senate to report a bill to 
amend the provision of law under which the rule is issued.
    ``(2)(A) The Comptroller General shall provide a report on each 
major rule to the committees of jurisdiction by the end of 15 calendar 
days after the submission or publication date as provided in section 
802(b)(2). The report of the Comptroller General shall include an 
assessment of the agency's compliance with procedural steps required by 
paragraph (1)(B).
    ``(B) Federal agencies shall cooperate with the Comptroller General 
by providing information relevant to the Comptroller General's report 
under subparagraph (A).
    ``(3) A major rule relating to a report submitted under paragraph 
(1) shall take effect upon enactment of a joint resolution of approval 
described in section 802 or as provided for in the rule following 
enactment of a joint resolution of approval described in section 802, 
whichever is later.
    ``(4) A nonmajor rule shall take effect as provided by section 803 
after submission to Congress under paragraph (1).
    ``(5) If a joint resolution of approval relating to a major rule is 
not enacted within the period provided in subsection (b)(2), then a 
joint resolution of approval relating to the same rule may not be 
considered under this chapter in the same Congress by either the House 
of Representatives or the Senate.
    ``(b)(1) A major rule shall not take effect unless the Congress 
enacts a joint resolution of approval described under section 802.
    ``(2) If a joint resolution described in subsection (a) is not 
enacted into law by the end of 70 session days or legislative days, as 
applicable, beginning on the date on which the report referred to in 
section 801(a)(1)(A) is received by Congress (excluding days either 
House of Congress is adjourned for more than 3 days during a session of 
Congress), then the rule described in that resolution shall be deemed 
not to be approved and such rule shall not take effect.
    ``(c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a major rule may take effect for one 
90-calendar-day period if the President makes a determination under 
paragraph (2) and submits written notice of such determination to the 
Congress.
    ``(2) Paragraph (1) applies to a determination made by the 
President by Executive order that the major rule should take effect 
because such rule is--
            ``(A) necessary because of an imminent threat to health or 
        safety or other emergency;
            ``(B) necessary for the enforcement of criminal laws;
            ``(C) necessary for national security; or
            ``(D) issued pursuant to any statute implementing an 
        international trade agreement.
    ``(3) An exercise by the President of the authority under this 
subsection shall have no effect on the procedures under section 802.
    ``(d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any rule for which a report 
was submitted in accordance with subsection (a)(1)(A) during the period 
beginning on the date occurring--
            ``(A) in the case of the Senate, 60 session days, or
            ``(B) in the case of the House of Representatives, 60 
        legislative days,
before the date the Congress is scheduled to adjourn a session of 
Congress through the date on which the same or succeeding Congress 
first convenes its next session, sections 802 and 803 shall apply to 
such rule in the succeeding session of Congress.
    ``(2)(A) In applying sections 802 and 803 for purposes of such 
additional review, a rule described under paragraph (1) shall be 
treated as though--
            ``(i) such rule were published in the Federal Register on--
                    ``(I) in the case of the Senate, the 15th session 
                day, or
                    ``(II) in the case of the House of Representatives, 
                the 15th legislative day,
        after the succeeding session of Congress first convenes; and
            ``(ii) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
    ``(B) Nothing in this paragraph shall be construed to affect the 
requirement under subsection (a)(1) that a report shall be submitted to 
Congress before a rule can take effect.
    ``(3) A rule described under paragraph (1) shall take effect as 
otherwise provided by law (including other subsections of this 
section).
``Sec. 802. Congressional approval procedure for major rules
    ``(a) For purposes of this section, the term `joint resolution' 
means only a joint resolution introduced on or after the date on which 
the report referred to in section 801(a)(1)(A) is received by Congress 
(excluding days either House of Congress is adjourned for more than 3 
days during a session of Congress), the matter after the resolving 
clause of which is as follows: `That Congress approves the rule 
submitted by the _ _ relating to _ _.' (The blank spaces being 
appropriately filled in).
            ``(1) In the House, the majority leader of the House of 
        Representatives (or his designee) and the minority leader of 
        the House of Representatives (or his designee) shall introduce 
        such joint resolution described in subsection (a) (by request), 
        within 3 legislative days after Congress receives the report 
        referred to in section 801(a)(1)(A).
            ``(2) In the Senate, the majority leader of the Senate (or 
        his designee) and the minority leader of the Senate (or his 
        designee) shall introduce such joint resolution described in 
        subsection (a) (by request), within 3 session days after 
        Congress receives the report referred to in section 
        801(a)(1)(A).
    ``(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction 
under the rules of the House of Representatives or the Senate to report 
a bill to amend the provision of law under which the rule is issued.
    ``(2) For purposes of this section, the term `submission date' 
means the date on which the Congress receives the report submitted 
under section 801(a)(1).
    ``(c) In the Senate, if the committee or committees to which a 
joint resolution described in subsection (a) has been referred have not 
reported it at the end of 15 session days after its introduction, such 
committee or committees shall be automatically discharged from further 
consideration of the resolution and it shall be placed on the calendar. 
A vote on final passage of the resolution shall be taken on or before 
the close of the 15th session day after the resolution is reported by 
the committee or committees to which it was referred, or after such 
committee or committees have been discharged from further consideration 
of the resolution.
    ``(d)(1) In the Senate, when the committee or committees to which a 
joint resolution is referred have reported, or when a committee or 
committees are discharged (under subsection (c)) from further 
consideration of a joint resolution described in subsection (a), it is 
at any time thereafter in order (even though a previous motion to the 
same effect has been disagreed to) for a motion to proceed to the 
consideration of the joint resolution, and all points of order against 
the joint resolution (and against consideration of the joint 
resolution) are waived. The motion is not subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If a motion to proceed 
to the consideration of the joint resolution is agreed to, the joint 
resolution shall remain the unfinished business of the Senate until 
disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 2 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e)(1) In the House of Representatives, if the committee or 
committees to which a joint resolution described in subsection (a) has 
been referred have not reported it at the end of 15 legislative days 
after its introduction, such committee or committees shall be 
automatically discharged from further consideration of the resolution 
and it shall be placed on the appropriate calendar. A vote on final 
passage of the resolution shall be taken on or before the close of the 
15th legislative day after the resolution is reported by the committee 
or committees to which it was referred, or after such committee or 
committees have been discharged from further consideration of the 
resolution.
    ``(2)(A) A motion in the House of Representatives to proceed to the 
consideration of a resolution shall be privileged and not debatable. An 
amendment to the motion shall not be in order, nor shall it be in order 
to move to reconsider the vote by which the motion is agreed to or 
disagreed to.
    ``(B) Debate in the House of Representatives on a resolution shall 
be limited to not more than two hours, which shall be divided equally 
between those favoring and those opposing the resolution. A motion to 
further limit debate shall not be debatable. No amendment to, or motion 
to recommit, the resolution shall be in order. It shall not be in order 
to reconsider the vote by which a resolution is agreed to or disagreed 
to.
    ``(C) Motions to postpone, made in the House of Representatives 
with respect to the consideration of a resolution, and motions to 
proceed to the consideration of other business, shall be decided 
without debate.
    ``(D) All appeals from the decisions of the Chair relating to the 
application of the Rules of the House of Representatives to the 
procedure relating to a resolution shall be decided without debate.
    ``(f) If, before the passage by one House of a joint resolution of 
that House described in subsection (a), that House receives from the 
other House a joint resolution described in subsection (a), then the 
following procedures shall apply with respect to a joint resolution 
described in subsection (a) of the House receiving the joint 
resolution--
            ``(1) the procedure in that House shall be the same as if 
        no joint resolution had been received from the other House; but
            ``(2) the vote on final passage shall be on the joint 
        resolution of the other House.
    ``(g) The enactment of a resolution of approval does not serve as a 
grant or modification of statutory authority by Congress for the 
promulgation of a rule, does not extinguish or affect any claim, 
whether substantive or procedural, against any alleged defect in a 
rule, and shall not form part of the record before the court in any 
judicial proceeding concerning a rule.
    ``(h) This section and section 803 are enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
    ``(a) For purposes of this section, the term `joint resolution' 
means only a joint resolution introduced in the period beginning on the 
date on which the report referred to in section 801(a)(1)(A) is 
received by Congress and ending 60 days thereafter (excluding days 
either House of Congress is adjourned for more than 3 days during a 
session of Congress), the matter after the resolving clause of which is 
as follows: `That Congress disapproves the nonmajor rule submitted by 
the _ _ relating to _ _, and such rule shall have no force or effect.' 
(The blank spaces being appropriately filled in).
    ``(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction.
    ``(2) For purposes of this section, the term submission or 
publication date means the later of the date on which--
            ``(A) the Congress receives the report submitted under 
        section 801(a)(1); or
            ``(B) the nonmajor rule is published in the Federal 
        Register, if so published.
    ``(c) In the Senate, if the committee to which is referred a joint 
resolution described in subsection (a) has not reported such joint 
resolution (or an identical joint resolution) at the end of 15 session 
days after the date of introduction of the joint resolution, such 
committee may be discharged from further consideration of such joint 
resolution upon a petition supported in writing by 30 Members of the 
Senate, and such joint resolution shall be placed on the calendar.
    ``(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is discharged 
(under subsection (c)) from further consideration of a joint resolution 
described in subsection (a), it is at any time thereafter in order 
(even though a previous motion to the same effect has been disagreed 
to) for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint resolution (and 
against consideration of the joint resolution) are waived. The motion 
is not subject to amendment, or to a motion to postpone, or to a motion 
to proceed to the consideration of other business. A motion to 
reconsider the vote by which the motion is agreed to or disagreed to 
shall not be in order. If a motion to proceed to the consideration of 
the joint resolution is agreed to, the joint resolution shall remain 
the unfinished business of the Senate until disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 10 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) In the Senate the procedure specified in subsection (c) or 
(d) shall not apply to the consideration of a joint resolution 
respecting a nonmajor rule--
            ``(1) after the expiration of the 60 session days beginning 
        with the applicable submission or publication date, or
            ``(2) if the report under section 801(a)(1)(A) was 
        submitted during the period referred to in section 801(d)(1), 
        after the expiration of the 60 session days beginning on the 
        15th session day after the succeeding session of Congress first 
        convenes.
    ``(f) If, before the passage by one House of a joint resolution of 
that House described in subsection (a), that House receives from the 
other House a joint resolution described in subsection (a), then the 
following procedures shall apply:
            ``(1) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint resolution--
                    ``(A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.
``Sec. 804. Definitions
    ``For purposes of this chapter--
            ``(1) The term `Federal agency' means any agency as that 
        term is defined in section 551(1).
            ``(2) The term `major rule' means any rule, including an 
        interim final rule, that the Administrator of the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget finds has resulted in or is likely to result in--
                    ``(A) an annual effect on the economy of 
                $100,000,000 or more;
                    ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    ``(C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.
            ``(3) The term `nonmajor rule' means any rule that is not a 
        major rule.
            ``(4) The term `rule' has the meaning given such term in 
        section 551, except that such term does not include--
                    ``(A) any rule of particular applicability, 
                including a rule that approves or prescribes for the 
                future rates, wages, prices, services, or allowances 
                therefore, corporate or financial structures, 
                reorganizations, mergers, or acquisitions thereof, or 
                accounting practices or disclosures bearing on any of 
                the foregoing;
                    ``(B) any rule relating to agency management or 
                personnel; or
                    ``(C) any rule of agency organization, procedure, 
                or practice that does not substantially affect the 
                rights or obligations of non-agency parties.
``Sec. 805. Judicial review
    ``(a) No determination, finding, action, or omission under this 
chapter shall be subject to judicial review.
    ``(b) Notwithstanding subsection (a), a court may determine whether 
a Federal agency has completed the necessary requirements under this 
chapter for a rule to take effect.
``Sec. 806. Exemption for monetary policy
    ``Nothing in this chapter shall apply to rules that concern 
monetary policy proposed or implemented by the Board of Governors of 
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 807. Effective date of certain rules
    ``Notwithstanding section 801--
            ``(1) any rule that establishes, modifies, opens, closes, 
        or conducts a regulatory program for a commercial, 
        recreational, or subsistence activity related to hunting, 
        fishing, or camping; or
            ``(2) any rule other than a major rule which an agency for 
        good cause finds (and incorporates the finding and a brief 
        statement of reasons therefore in the rule issued) that notice 
        and public procedure thereon are impracticable, unnecessary, or 
        contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the 
rule determines.''.

                         TITLE III--TAX REFORM

SEC. 301. REDUCTION IN CORPORATE INCOME TAX RATES.

    (a) In General.--Paragraph (1) of section 11(b) of the Internal 
Revenue Code of 1986 is amended to read as follows:
            ``(1) Rates of tax.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, the amount of the tax imposed by 
                subsection (a) shall be the sum of--
                            ``(i) 15 percent of so much of the taxable 
                        income as does not exceed $50,000, and
                            ``(ii) 25 percent of so much of the taxable 
                        income as exceeds $50,000.
                    ``(B) Special rules for 2011.--In the case of any 
                taxable year beginning in 2011, the amount of the tax 
                imposed by subsection (a) shall be the sum of--
                            ``(i) 15 percent of so much of the taxable 
                        income as does not exceed $50,000, and
                            ``(ii) 25 percent of so much of the taxable 
                        income as exceeds $50,000 but does not exceed 
                        $75,000, and
                            ``(iii) 30 percent of so much of the 
                        taxable income as exceeds $75,000.''.
    (b) Conforming Amendments.--
            (1) Section 11(b)(2) of such Code is amended by striking 
        ``35 percent'' and inserting ``the maximum rate of tax in 
        effect under section 11(b)(1)''.
            (2) Section 280C(c)(3)(B)(ii)(II) of such Code is amended 
        by inserting ``in effect'' after ``maximum rate of tax''.
            (3) Section 904(b)(3)(D)(ii) of such Code is amended by 
        striking ``(determined without regard to the last sentence of 
        section 11(b)(1))''.
            (4) Section 1201(a) of such Code is amended--
                    (A) by striking ``35 percent (determined without 
                regard to the last 2 sentences of section 11(b)(1))'' 
                and inserting ``the maximum rate of tax in effect under 
                section 11(b)(1)'', and
                    (B) by striking ``35 percent'' in paragraph (2) and 
                inserting ``the maximum rate of tax in effect under 
                section 11(b)(1)''.
            (5) Section 1561(a) of such Code is amended by striking the 
        fourth sentence.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2010.

SEC. 302. 2003 TAX REDUCTIONS ON DOMESTIC DIVIDENDS MADE PERMANENT.

    Effective for taxable years beginning after December 31, 2011, 
section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 
2003 is hereby repealed.

SEC. 303. SMALL BUSINESS EXPENSING FOR SMALL BUSINESS MADE PERMANENT.

    (a) In General.--Paragraph (1) of section 179(b) of the Internal 
Revenue Code of 1986 is amended by striking ``exceed--'' and all that 
follows and inserting ``exceed $500,000.''.
    (b) Threshold for Reduction in Limitation.--Paragraph (2) of 
section 179(b) of such Code is amended by striking ``exceed--'' and 
inserting ``exceed $2,000,000.''.
    (c) Inflation Adjustments.--Section 179(b)(6) of such Code is 
amended--
            (1) in subparagraph (A) in the matter preceding clause (i) 
        by striking ``the $125,000 and $500,000 amounts in paragraphs 
        (1)(C) and (2)(C)'' and inserting ``the $500,000 and $2,000,000 
        amounts in paragraphs (1) and (2)'', and
            (2) in subparagraph (A)(ii) by striking ``2006'' and 
        inserting ``2011''.
    (d) Revocation of Election.--Section 179(c)(2) of such Code is 
amended by striking ``and before 2013''.
    (e) Computer Software.--Section 179(d)(1)(A)(ii) of such Code is 
amended by striking ``and before 2012''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 304. PERMANENT EXTENSION OF ESTATE TAX RELIEF.

    (a) In General.--Section 901 of the Economic Growth and Tax Relief 
Reconciliation Act of 2001 shall not apply to the provisions of, and 
amendments made by, title V of such Act.
    (b) Conforming Amendment.--The Tax Relief, Unemployment Insurance 
Reauthorization, and Job Creation Act of 2010 is amended by striking 
section 304.
    (c) Effective Date.--Subsection (a) and the amendments made by 
subsection (b) shall apply to years beginning after December 31, 2012.

SEC. 305. ADDITIONAL SAVINGS.

    The Committee on Ways and Means of the House of Representatives 
shall prioritize reporting out legislation that would provide 
significant reforms to the Internal Revenue Code of 1986 that would--
            (1) simplify the Internal Revenue Code of 1986 for 
        individuals and businesses to reduce the burden of compliance;
            (2) eliminate deductions that unjustly benefit corporations 
        and special interests (and report out the savings resulting 
        from these eliminations); and
            (3) consider proposals that will disincentivize and 
        eliminate tax shelters.

                     TITLE IV--WORKFORCE INVESTMENT

SEC. 401. SENSE OF CONGRESS REGARDING THE NEED TO REAUTHORIZE THE 
              WORKFORCE INVESTMENT ACT OF 1998.

    It is the sense of Congress that Congress should urgently 
reauthorize the Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
seq.) in order to--
            (1) improve and expand the job training and other 
        employment-related programs under the Act; and
            (2) modernize such programs to better train workers for the 
        highly skilled jobs in the modern economy.
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