(1) located in an area of the outer Continental 
Shelf that is unavailable for oil and gas or natural 
gas leasing by operation of law; 
(2) used for a military readiness activity (as de-
fined in section 315(f) of Public Law 107–314; 16 
U.S.C. 703 note); or 
(3) required in the national interest, as deter-
mined by the President. 
SEC. 214. REPURCHASE OF CERTAIN LEASES. 
(a) AUTHORITY TO REPURCHASE AND CANCEL CER-
TAIN LEASES.—The Secretary of the Interior shall repur-
chase 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 Conti-
nental Shelf oil and gas leases that were subject to litiga-
tion in the Court of Federal Claims on January 1, 2006, 
if the Secretary finds that such lease qualifies for repur-
chase 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 fol-
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lowed regarding repurchase and cancellation. Such regula-
tion shall include, but not be limited to, the following: 
(1) The Secretary shall repurchase and cancel 
a lease after written request by the lessee upon a 
finding by the Secretary that— 
(A) a request by the lessee for a required 
permit or other approval complied with applica-
ble law, except the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.), and 
terms of the lease and such permit or other ap-
proval was denied; 
(B) a Federal agency failed to act on a re-
quest by the lessee for a required permit, other 
approval, or administrative appeal within a reg-
ulatory or statutory timeframe associated with 
the requested action, whether advisory or man-
datory, or if none, within 180 days; or 
(C) a Federal agency attached a condition 
of approval, without agreement by the lessee, to 
a required permit or other approval if such con-
dition of approval was not mandated by Federal 
statute or regulation in effect on the date of 
lease issuance, or was not specifically allowed 
under the terms of the lease. 
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(2) A lessee shall not be required to exhaust ad-
ministrative remedies regarding a permit request, 
administrative appeal, or other required request for 
approval for the purposes of this section. 
(3) The Secretary shall make a final agency de-
cision on a request by a lessee under this section 
within 180 days of request. 
(4) Compensation to a lessee to repurchase and 
cancel a lease under this section shall be the amount 
that a lessee would receive in a restitution case for 
a material breach of contract. 
(5) Compensation shall be in the form of a 
check or electronic transfer from the Department of 
the Treasury from funds deposited into miscella-
neous receipts under the authority of the same Act 
that authorized the issuance of the lease being re-
purchased. 
(6) Failure of the Secretary to make a final 
agency decision on a request by a lessee under this 
section within 180 days of request shall result in a 
10 percent increase in the compensation due to the 
lessee if the lease is ultimately repurchased. 
(c) NO PREJUDICE.—This section shall not be inter-
preted to prejudice any other rights that the lessee would 
have in the absence of this section. 
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SEC. 215. OFFSITE ENVIRONMENTAL MITIGATION. 
Notwithstanding any other provision of law, any per-
son conducting activities under the Mineral Leasing Act 
(30 U.S.C. 181 et seq.), the Geothermal Steam Act (30 
U.S.C. 1001 et seq.), the Mineral Leasing Act for Ac-
quired Lands (30 U.S.C. 351 et seq.), the Weeks Act (16 
U.S.C. 552 et seq.), the General Mining Act of 1872 (30 
U.S.C. 22 et seq.), the Materials Act of 1947 (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 miti-
gation measures on a site away from the area impacted 
and the Secretary of the Interior shall accept these pro-
posed measures if the Secretary finds that they generally 
achieve the purposes for which mitigation measures apper-
tained. 
SEC. 216. OCS REGIONAL HEADQUARTERS. 
Not later than July 1, 2010, the Secretary of the In-
terior shall establish the headquarters for the Atlantic 
OCS Region, the headquarters for the Gulf of Mexico OCS 
Region, and the headquarters for the Pacific OCS Region 
within a State bordering the Atlantic OCS Region, a State 
bordering the Gulf of Mexico OCS Region, and a State 
bordering the Pacific OCS Region, respectively, from 
among the States bordering those Regions, that petitions 
by no later than January 1, 2010, for leasing, for oil and 
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gas or natural gas, covering at least 40 percent of the area 
of its Adjacent Zone within 100 miles of the coastline. 
Such Atlantic and Pacific OCS Regions headquarters shall 
be located within 25 miles of the coastline and each MMS 
OCS regional headquarters shall be the permanent duty 
station for all Minerals Management Service personnel 
that on a daily basis spend on average 60 percent or more 
of their time in performance of duties in support of the 
activities of the respective Region, except that the Min-
erals Management Service may house regional inspection 
staff in other locations. Each OCS Region shall each be 
led by a Regional Director who shall be an employee with-
in the Senior Executive Service. 
SEC. 217. LEASES FOR AREAS LOCATED WITHIN 100 MILES 
OF CALIFORNIA OR FLORIDA. 
(a) AUTHORIZATION TO CANCEL AND EXCHANGE 
CERTAIN EXISTING OIL AND GAS LEASES; PROHIBITION 
ON SUBMITTAL OF EXPLORATION PLANS FOR CERTAIN 
LEASES PRIOR TO JUNE 30, 2012.— 
(1) AUTHORITY.—Within 2 years after the date 
of enactment of this Act, the lessee of an existing oil 
and gas lease for an area located completely within 
100 miles of the coastline within the California or 
Florida Adjacent Zones shall have the option, with-
out compensation, of exchanging such lease for a 
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new oil and gas lease having a primary term of 5 
years. For the area subject to the new lease, the les-
see may select any unleased tract on the outer Con-
tinental Shelf that is in an area available for leasing. 
Further, with the permission of the relevant Gov-
ernor, such a lessee may convert its existing oil and 
gas lease into a natural gas lease having a primary 
term of 5 years and covering the same area as the 
existing lease or another area within the same 
State’s Adjacent Zone within 100 miles of the coast-
line. 
(2) ADMINISTRATIVE PROCESS.—The Secretary 
of the Interior shall establish a reasonable adminis-
trative process to implement paragraph (1). Ex-
changes and conversions under subsection (a), in-
cluding the issuance of new leases, shall not be con-
sidered to be major Federal actions for purposes of 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). Further, such actions con-
ducted in accordance with this section are deemed to 
be in compliance all provisions of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 
(3) OPERATING
RESTRICTIONS.—A new lease 
issued in exchange for an existing lease under this 
section shall be subject to such national defense op-
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erating stipulations on the OCS tract covered by the 
new lease as may be applicable upon issuance. 
(4) PRIORITY.—The Secretary shall give pri-
ority in the lease exchange process based on the 
amount of the original bonus bid paid for the 
issuance of each lease to be exchanged. The Sec-
retary shall allow leases covering partial tracts to be 
exchanged for leases covering full tracts conditioned 
upon payment of additional bonus bids on a per-acre 
basis as determined by the average per acre of the 
original bonus bid per acre for the partial tract 
being exchanged. 
(5) EXPLORATION
PLANS.—Any exploration 
plan submitted to the Secretary of the Interior after 
the date of the enactment of this Act and before 
July 1, 2012, for an oil and gas lease for an area 
wholly within 100 miles of the coastline within the 
California Adjacent Zone or Florida Adjacent Zone 
shall not be treated as received by the Secretary 
until the earlier of July 1, 2012, or the date on 
which a petition by the Adjacent State for oil and 
gas leasing covering the area within which is located 
the area subject to the oil and gas lease was ap-
proved. 
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(b) FURTHER
LEASE
CANCELLATION
AND
EX-
CHANGE PROVISIONS.— 
(1) CANCELLATION OF LEASE.—As part of the 
lease exchange process under this section, the Sec-
retary shall cancel a lease that is exchanged under 
this section. 
(2) CONSENT OF LESSEES.—All lessees holding 
an interest in a lease must consent to cancellation 
of their leasehold interests in order for the lease to 
be cancelled and exchanged under this section. 
(3) WAIVER OF RIGHTS.—As a prerequisite to 
the exchange of a lease under this section, the lessee 
must waive any rights to bring any litigation against 
the United States related to the transaction. 
(4) PLUGGING AND ABANDONMENT.—The plug-
ging and abandonment requirements for any wells 
located on any lease to be cancelled and exchanged 
under this section must be complied with by the les-
sees prior to the cancellation and exchange. 
(c) AREA PARTIALLY WITHIN 100 MILES OF FLOR-
IDA.—An existing oil and gas lease for an area located 
partially within 100 miles of the coastline within the Flor-
ida Adjacent Zone may only be developed and produced 
using wells drilled from well-head locations at least 100 
miles from the coastline to any bottom-hole location on 
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the area of the lease. This subsection shall not apply if 
Florida has petitioned for leasing closer to the coastline 
than 100 miles. 
(d) EXISTING OIL AND GAS LEASE DEFINED.—In 
this section the term ‘‘existing oil and gas lease’’ means 
an oil and gas lease in effect on the date of the enactment 
of this Act. 
SEC. 218. COASTAL IMPACT ASSISTANCE. 
Section 31 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1356a) is repealed. 
SEC. 219. REPEAL OF THE GULF OF MEXICO ENERGY SECU-
RITY ACT OF 2006. 
The Gulf of Mexico Energy Security Act of 2006 is 
repealed effective October 1, 2008. 
Subtitle B—ANWR 
SEC. 231. SHORT TITLE. 
This subtitle may be cited as the ‘‘American Energy 
Independence and Price Reduction Act’’. 
SEC. 232. 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. 
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(2) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
SEC. 233. LEASING PROGRAM FOR LANDS WITHIN THE 
COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall take such ac-
tions 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 pro-
duction of the oil and gas resources of the Coastal 
Plain; and 
(2) to administer the provisions of this subtitle 
through regulations, lease terms, conditions, restric-
tions, 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 
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available technology for oil and gas exploration, de-
velopment, and production to all exploration, devel-
opment, and production operations under this sub-
title 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 Na-
tional Interest Lands Conservation Act of 1980 (16 
U.S.C. 3143) is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
contents in section 1 of such Act is amended by 
striking the item relating to section 1003. 
(c) COMPLIANCE WITH REQUIREMENTS UNDER CER-
TAIN OTHER LAWS.— 
(1) COMPATIBILITY.—For purposes of the Na-
tional 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 com-
patible with the purposes for which the Arctic Na-
tional Wildlife Refuge was established, and no fur-
ther findings or decisions are required to implement 
this determination. 
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(2) ADEQUACY OF THE DEPARTMENT OF THE 
INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT 
STATEMENT.—The 
‘‘Final 
Legislative 
Environ-
mental Impact Statement’’ (April 1987) on the 
Coastal Plain prepared pursuant to section 1002 of 
the Alaska National Interest Lands Conservation 
Act of 1980 (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 re-
quirements under the National Environmental Policy 
Act of 1969 that apply with respect to prelease ac-
tivities, including actions authorized to be taken by 
the Secretary to develop and promulgate the regula-
tions for the establishment of a leasing program au-
thorized by this subtitle before the conduct of the 
first lease sale. 
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.—Before conducting the first lease sale under 
this subtitle, the Secretary shall prepare an environ-
mental impact statement under the National Envi-
ronmental Policy Act of 1969 with respect to the ac-
tions authorized by this subtitle that are not re-
ferred to in paragraph (2). Notwithstanding any 
other law, the Secretary is not required to identify 
nonleasing alternative courses of action or to analyze 
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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 miti-
gation 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 within 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 require-
ments for the analysis and consideration of the envi-
ronmental effects of proposed leasing under this sub-
title. 
(d) RELATIONSHIP TO STATE AND LOCAL AUTHOR-
ITY.—Nothing in this subtitle shall be considered to ex-
pand or limit State and local regulatory authority. 
(e) SPECIAL AREAS.— 
(1) IN
GENERAL.—The Secretary, after con-
sultation with the State of Alaska, the city of 
Kaktovik, and the North Slope Borough, may des-
ignate up to a total of 45,000 acres of the Coastal 
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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 des-
ignate 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 Spe-
cial Area from leasing. If the Secretary leases a Spe-
cial Area, or any part thereof, for purposes of oil 
and gas exploration, development, production, and 
related activities, there shall be no surface occu-
pancy 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 tech-
nology from sites on leases located outside the Spe-
cial Area. 
(f) LIMITATION
ON
CLOSED
AREAS.—The Sec-
retary’s sole authority to close lands within the Coastal 
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Plain to oil and gas leasing and to exploration, develop-
ment, and production is that set forth in this subtitle. 
(g) REGULATIONS.— 
(1) IN
GENERAL.—The Secretary shall pre-
scribe such regulations as may be necessary to carry 
out this subtitle, including rules and regulations re-
lating to protection of the fish and wildlife, their 
habitat, subsistence resources, and environment of 
the Coastal Plain, by no later than 15 months after 
the date of enactment of this Act. 
(2) REVISION
OF
REGULATIONS.—The Sec-
retary shall periodically review and, if appropriate, 
revise the rules and regulations issued under sub-
section (a) to reflect any significant biological, envi-
ronmental, or engineering data that come to the Sec-
retary’s attention. 
SEC. 234. 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 regula-
tion, establish procedures for— 
(1) receipt and consideration of sealed nomina-
tions for any area in the Coastal Plain for inclusion 
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in, or exclusion (as provided in subsection (c)) from, 
a lease sale; 
(2) the holding of lease sales after such nomina-
tion process; and 
(3) public notice of and comment on designa-
tion 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, tak-
ing 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 sub-
title within 22 months after the date of the enact-
ment of this Act; 
(2) evaluate the bids in such sale and issue 
leases resulting from such sale, within 90 days after 
the date of the completion of such sale; and 
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(3) conduct additional sales so long as sufficient 
interest in development exists to warrant, in the Sec-
retary’s judgment, the conduct of such sales. 
SEC. 235. GRANT OF LEASES BY THE SECRETARY. 
(a) IN GENERAL.—The Secretary may grant to the 
highest responsible qualified bidder in a lease sale con-
ducted pursuant to section 134 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, sub-
let, 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. 236. LEASE TERMS AND CONDITIONS. 
(a) IN GENERAL.—An oil or gas lease issued pursu-
ant to this subtitle shall— 
(1) provide for the payment of a royalty of not 
less than 121⁄2 percent in amount or value of the 
production removed or sold from the lease, as deter-
mined by the Secretary under the regulations appli-
cable to other Federal oil and gas leases; 
(2) provide that the Secretary may close, on a 
seasonal basis, portions of the Coastal Plain to ex-
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ploratory 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 af-
fected 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 re-
sponsibility 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; 
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(6) contain terms and conditions relating to 
protection of fish and wildlife, their habitat, subsist-
ence resources, and the environment as required 
pursuant to section 133(a)(2); 
(7) 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 sec-
tion 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; 
(8) prohibit the export of oil produced under 
the lease; and 
(9) contain such other provisions as the Sec-
retary determines necessary to ensure compliance 
with the provisions of this subtitle and the regula-
tions issued under this subtitle. 
(b) PROJECT LABOR AGREEMENTS.—The Secretary, 
as a term and condition of each lease under this subtitle 
and in recognizing the Government’s proprietary interest 
in labor stability and in the ability of construction labor 
and management to meet the particular needs and condi-
tions of projects to be developed under the leases issued 
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pursuant to this subtitle and the special concerns of the 
parties to such leases, shall require that the lessee and 
its agents and contractors negotiate to obtain a project 
labor agreement for the employment of laborers and me-
chanics on production, maintenance, and construction 
under the lease. 
SEC. 237. 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 133, 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, develop-
ment, 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 commer-
cially available technology for oil and gas explo-
ration, development, and production on all new ex-
ploration, development, and production operations; 
and 
(3) ensure that the maximum amount of sur-
face acreage covered by production and support fa-
cilities, including airstrips and any areas covered by 
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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 pro-
posed drilling and related activities, that— 
(1) a site-specific analysis be made of the prob-
able effects, if any, that the drilling or related activi-
ties will have on fish and wildlife, their habitat, sub-
sistence resources, and the environment; 
(2) a plan be implemented to avoid, minimize, 
and mitigate (in that order and to the extent prac-
ticable) any significant adverse effect identified 
under paragraph (1); and 
(3) the development of the plan shall occur 
after consultation with the agency or agencies hav-
ing jurisdiction over matters mitigated by the plan. 
(c) REGULATIONS TO PROTECT COASTAL PLAIN 
FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 
AND THE ENVIRONMENT.—Before implementing the leas-
ing 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 un-
dertaken on the Coastal Plain under this subtitle are con-
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ducted in a manner consistent with the purposes and envi-
ronmental requirements of this subtitle. 
(d) COMPLIANCE WITH FEDERAL AND STATE ENVI-
RONMENTAL 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 appli-
cable 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 State-
ment’’ (April 1987) on the Coastal Plain. 
(2) Seasonal limitations on exploration, develop-
ment, 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 sur-
face geological studies, be limited to the period be-
tween approximately November 1 and May 1 each 
year and that exploration activities shall be sup-
ported, if necessary, by ice roads, winter trails with 
adequate snow cover, ice pads, ice airstrips, and air 
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transport methods, except that such exploration ac-
tivities 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 pos-
sible, adverse effects upon the passage of mi-
gratory species such as caribou; and 
(B) minimize adverse effects upon the flow 
of surface water by requiring the use of cul-
verts, 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 re-
quirements, 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, ex-
cept that the Secretary may exempt from the re-
quirements of this paragraph those facilities, struc-
tures, or equipment that the Secretary determines 
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would assist in the management of the Arctic Na-
tional 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-re-
lated 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, includ-
ing an annual waste management report, a haz-
ardous materials tracking system, and a prohibition 
on chlorinated solvents, in accordance with applica-
ble Federal and State environmental law. 
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(14) Fuel storage and oil spill contingency plan-
ning. 
(15) Research, monitoring, and reporting re-
quirements. 
(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 des-
ignations 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 stipula-
tions, restrictions, terms, and conditions deemed 
necessary by the Secretary. 
(e) CONSIDERATIONS.—In preparing and promul-
gating regulations, lease terms, conditions, restrictions, 
prohibitions, and stipulations under this section, the Sec-
retary shall consider the following: 
(1) The stipulations and conditions that govern 
the National Petroleum Reserve-Alaska leasing pro-
gram, as set forth in the 1999 Northeast National 
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Petroleum Reserve-Alaska Final Integrated Activity 
Plan/Environmental Impact Statement. 
(2) The environmental protection standards 
that governed the initial Coastal Plain seismic explo-
ration 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, agree-
ment 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 transpor-
tation of Coastal Plain oil and gas resources. 
(2) OBJECTIVES.—The plan shall have the fol-
lowing objectives: 
(A) Avoiding unnecessary duplication of fa-
cilities and activities. 
(B) Encouraging consolidation of common 
facilities and activities. 
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(C) Locating or confining facilities and ac-
tivities to areas that will minimize impact on 
fish and wildlife, their habitat, and the environ-
ment. 
(D) Utilizing existing facilities wherever 
practicable. 
(E) Enhancing compatibility between wild-
life values and development activities. 
(g) ACCESS
TO PUBLIC LANDS.—The Secretary 
shall— 
(1) manage public lands in the Coastal Plain 
subject to 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 rea-
sonable access to public lands in the Coastal Plain 
for traditional uses. 
SEC. 238. 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— 
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(A) except as provided in subparagraph 
(B), within the 90-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 90 
days after the complainant knew or reasonably 
should have known of the grounds for the com-
plaint. 
(2) VENUE.—Any complaint seeking judicial re-
view of any provision of this subtitle or any action 
of the Secretary under this subtitle may be filed only 
in the United States Court of Appeals for the Dis-
trict of Columbia. 
(3) LIMITATION
ON
SCOPE
OF
CERTAIN
RE-
VIEW.—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 Sec-
retary’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 other-
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wise by clear and convincing evidence to the con-
trary. 
(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. 239. FEDERAL AND STATE DISTRIBUTION OF REVE-
NUES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, of the amount of adjusted bonus, rental, and 
royalty revenues from Federal oil and gas leasing and op-
erations authorized under this subtitle— 
(1) 50 percent shall be paid to the State of 
Alaska; and 
(2) the balance shall be deposited in the Fed-
eral Treasury to pay down the Federal deficit, and 
if no deficit exists than to pay down the national 
debt. 
(b) PAYMENTS TO ALASKA.—Payments to the State 
of Alaska under this section shall be made semiannually. 
SEC. 240. 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— 
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(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 Na-
tional Interest Lands Conservation Act (30 U.S.C. 
3161 et seq.); and 
(2) under title XI of the Alaska National Inter-
est 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 sub-
section (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, sub-
sistence 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 133(g) provisions granting 
rights-of-way and easements described in subsection (a) 
of this section. 
SEC. 241. CONVEYANCE. 
In order to maximize Federal revenues by removing 
claims on title to lands and clarifying land ownership pat-
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terns within the Coastal Plain, the Secretary, notwith-
standing the provisions of section 1302(h)(2) of the Alas-
ka 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 sec-
tions 12 and 14 of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1611 and 1613) in accordance 
with the terms and conditions of the Agreement be-
tween the Department of the Interior, the United 
States Fish and Wildlife Service, the Bureau of 
Land Management, and the Kaktovik Inupiat Cor-
poration effective January 22, 1993; and 
(2) to the Arctic Slope Regional Corporation 
the remaining subsurface estate to which it is enti-
tled pursuant to the August 9, 1983, agreement be-
tween the Arctic Slope Regional Corporation and the 
United States of America. 
SEC. 242. LOCAL GOVERNMENT IMPACT AID AND COMMU-
NITY SERVICE ASSISTANCE. 
(a) FINANCIAL ASSISTANCE AUTHORIZED.— 
(1) IN
GENERAL.—The Secretary may use 
amounts available from the Coastal Plain Local Gov-
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ernment 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 bor-
ough, municipal subdivision, village, or other com-
munity in the State of Alaska that is directly im-
pacted 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 fi-
nancial 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 ef-
fects of oil and gas exploration and development on 
environmental, social, cultural, recreational, and sub-
sistence values; 
(2) implementing mitigation plans and main-
taining mitigation projects; 
(3) developing, carrying out, and maintaining 
projects and programs that provide new or expanded 
public facilities and services to address needs and 
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problems associated with such effects, including fire- 
fighting, 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 Re-
sources 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 eligi-
ble for assistance under this section may submit an 
application for such assistance to the Secretary, in 
such form and under such procedures as the Sec-
retary 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 
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to the Secretary or through the North Slope Bor-
ough. 
(3) APPLICATION ASSISTANCE.—The Secretary 
shall work closely with and assist the North Slope 
Borough and other communities eligible for assist-
ance 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 Im-
pact 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 rents, 
bonuses, and royalties from Federal leases and lease 
sales 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 Sec-
retary of the Treasury shall invest amounts in the 
fund in interest-bearing Government securities. 
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(e) AUTHORIZATION OF APPROPRIATIONS.—To pro-
vide financial assistance under this section there is author-
ized to be appropriated to the Secretary from the Coastal 
Plain Local Government Impact Aid Assistance Fund 
$5,000,000 for each fiscal year. 
TITLE III—NUCLEAR POWER 
SEC. 301. WASTE CONFIDENCE. 
The Nuclear Regulatory Commission may not deny 
an application for a license, permit, or other authorization 
under the Atomic Energy Act of 1954 on the grounds that 
sufficient capacity does not exist, or will not become avail-
able on a timely basis, for disposal of spent nuclear fuel 
or high-level radioactive waste from the facility for which 
the license, permit, or other authorization is sought. 
SEC. 302. ASME NUCLEAR CERTIFICATION CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to business related credits) is amended by 
adding at the end the following new section: 
‘‘SEC. 45R. ASME NUCLEAR CERTIFICATION CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
ASME Nuclear Certification credit determined under this 
section for any taxable year is an amount equal to 15 per-
cent of the qualified nuclear expenditures paid or incurred 
by the taxpayer. 
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‘‘(b) QUALIFIED NUCLEAR EXPENDITURES.—For 
purposes of this section, the term ‘qualified nuclear ex-
penditures’ means any expenditure related to— 
‘‘(1) obtaining a certification under the Amer-
ican Society of Mechanical Engineers Nuclear Com-
ponent Certification program, or 
‘‘(2) increasing the taxpayer’s capacity to con-
struct, fabricate, assemble, or install components— 
‘‘(A) for any facility which uses nuclear en-
ergy to produce electricity, and 
‘‘(B) with respect to the construction, fab-
rication, assembly, or installation of which the 
taxpayer is certified under such program. 
‘‘(c) TIMING OF CREDIT.—The credit allowed under 
subsection (a) for any expenditures shall be allowed— 
‘‘(1) in the case of a qualified nuclear expendi-
ture described in subsection (b)(1), for the taxable 
year of such certification, and 
‘‘(2) in the case of any other qualified nuclear 
expenditure, for the taxable year in which such ex-
penditure is paid or incurred. 
‘‘(d) SPECIAL RULES.— 
‘‘(1) BASIS
ADJUSTMENT.—For purposes of 
this subtitle, if a credit is allowed under this section 
for an expenditure, the increase in basis which would 
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result (but for this subsection) for such expenditure 
shall be reduced by the amount of the credit allowed 
under this section. 
‘‘(2) DENIAL OF DOUBLE BENEFIT.—No deduc-
tion shall be allowed under this chapter for any 
amount taken into account in determining the credit 
under this section. 
‘‘(e) TERMINATION.—This section shall not apply to 
any expenditures paid or incurred in taxable years begin-
ning after December 31, 2019.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Subsection (b) of section 38 of such Code 
is amended by striking ‘‘plus’’ at the end of para-
graph (34), by striking the period at the end of 
paragraph (35) and inserting ‘‘, plus’’, and by add-
ing at the end the following new paragraph: 
‘‘(36) the ASME nuclear certification credit de-
termined under section 45R(a).’’. 
(2) Subsection (a) of section 1016 of such Code 
(relating to adjustments to basis) is amended by 
striking ‘‘and’’ at the end of paragraph (36), by 
striking the period at the end of paragraph (37) and 
inserting ‘‘, and’’, and by adding at the end the fol-
lowing new paragraph: 
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‘‘(38) to the extent provided in section 
45R(e)(1).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to expenditures paid or incurred 
in taxable years beginning after December 31, 2009. 
TITLE IV—REGULATORY 
BURDENS 
SEC. 401. GREENHOUSE GAS REGULATION UNDER CLEAN 
AIR ACT. 
(a) DEFINITION
OF
AIR
POLLUTANT.—Section 
302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is 
amended by adding the following at the end thereof: ‘‘The 
term ‘air pollutant’ shall not include carbon dioxide, water 
vapor, 
methane, 
nitrous 
oxide, 
hydrofluorocarbons, 
perfluorocarbons, or sulfur hexafluoride.’’. 
(b) CLIMATE CHANGE NOT REGULATED BY CLEAN 
AIR ACT.—Nothing in the Clean Air Act shall be treated 
as authorizing or requiring the regulation of climate 
change or global warming. 
SEC. 402. NEPA JUDICIAL REVIEW. 
Title I of the National Environmental Policy Act of 
1969 (42 U.S.C. 4331 et seq.) is amended by adding at 
the end the following new section: 
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‘‘SEC. 106. JUDICIAL REVIEW. 
‘‘(a) IN GENERAL.—Review of a Federal agency’s 
compliance with section 102 of the Act may be filed in 
the circuit in which the petitioner resides or transacts 
business which is directly affected by the action. Any such 
application for review shall be made within ninety days 
from the date of promulgation of the Federal agency’s de-
cision. 
‘‘(b) PROCEDURES FOR REVIEW.— 
‘‘(1) LIMITATION.—In any judicial action under 
this Act, judicial review of any issues concerning a 
Federal agency’s compliance with section 102 shall 
be limited to the administrative record. Otherwise 
applicable principles of administrative law shall gov-
ern whether any supplemental materials may be con-
sidered by the court. 
‘‘(2) STANDARD.—In considering objections 
raised in any judicial action under this Act, the 
court shall uphold the Federal agency’s decision, 
whether in is the first instance, a revocation, reces-
sion or other action, unless the objecting party can 
demonstrate, on the administrative record, that the 
decision was arbitrary and capricious or otherwise 
not in accordance with law. 
‘‘(3) REMEDY.—If the court finds that the se-
lection of the response action was arbitrary and ca-
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pricious or otherwise not in accordance with law, the 
court shall award such relief as the court deems ap-
propriate. 
‘‘(4) PROCEDURAL ERRORS.—In reviewing al-
leged procedural errors, the court may disallow costs 
or damages only if the errors were so serious and re-
lated to matters of such central relevance to the ac-
tion that the action would have been significantly 
changed had such errors not been made. 
‘‘(c) NOTICE OF ACTIONS.—Whenever any action is 
brought under this Act in a court of the United States 
by a plaintiff other than the United States, the plaintiff 
shall provide a copy of the complaint to the Attorney Gen-
eral of the United States and to the Secretary or Adminis-
trator of the affected Federal agency. 
‘‘(d) INTERVENTION.—In any action commenced 
under this Act, any person may intervene as a matter of 
right when such person claims an interest relating to the 
subject of the action and is so situated that the disposition 
of the action may, as a practical matter, impair or impede 
the person’s ability to protect that interest, unless the Sec-
retary or Administrator shows that the person’s interest 
is adequately represented by existing parties.’’. 
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SEC. 403. REPEAL OF 2007 AMENDMENTS TO RENEWABLE 
FUEL STANDARD. 
Section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)) is amended to read as provided in section 
1501(a)(2) of the Energy Policy Act of 2005 (Public Law 
109–58; 119 Stat. 594, 1067). 
SEC. 404. REPEAL OF REQUIREMENT TO CONSULT REGARD-
ING IMPACTS ON GLOBAL WARMING AND 
POLAR BEAR POPULATION. 
Section 429 of the Department of the Interior, Envi-
ronment, and Related Agencies Appropriations Act, 2009 
(division E of Public Law 111–8) is repealed. 
SEC. 405. LIGHT BULB CHOICE. 
(a) IN GENERAL.—Effective 6 months after the date 
of enactment of this Act, sections 321 and 322, and the 
items in the table of contents relating thereto, of the En-
ergy Independence and Security Act of 2007 are repealed. 
(b) REVERSION.—When the repeal occurs under 
paragraph (1), the amendments made by sections 321 and 
322 of the Energy Independence and Security Act of 2007 
are hereby repealed, and the laws amended thereby shall 
read as if those amendments had not been enacted. 
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SEC. 406. REPEAL OF DEDUCTION FOR INCOME ATTRIB-
UTABLE TO DOMESTIC PRODUCTION ACTIVI-
TIES. 
(a) IN GENERAL.—Section 199 of the Internal Rev-
enue Code is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) 
Sections 
86(b)(2)(A), 
135(c)(4)(A), 
137(b)(3)(A), 
219(g)(3)(A)(ii), 
221(b)(2)(C), 
246(b)(1), and 469(i)(3)(F) of such Code are each 
amended by striking ‘‘199,’’. 
(2) Clause (i) of section 163(j)(6)(A) of such 
Code is amended by inserting ‘‘and’’ at the end of 
subclause (II), by striking subclause (III) and by re-
designating subclause (IV) as subclause (III). 
(3) Subparagraph (C) of section 170(b)(2) of 
such Code is amended by striking clause (iv), by re-
designating clause (v) as clause (iv), and by insert-
ing ‘‘and’’ at the end of clause (iii). 
(4) Subsection (d) of section 172 of such Code 
is amended by striking paragraph (7). 
(5) Subsection (a) of section 613 of such Code 
is amended by striking ‘‘and without the deduction 
under section 199’’. 
(6) Paragraph (1) of section 613A(d) of such 
Code is amended by redesignating subparagraphs 
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(C), (D), and (E) as subparagraphs (B), (C), and 
(D), respectively, and by striking subparagraph (B). 
(7) Subsection (a) of section 1402 of such Code 
is amended by inserting ‘‘and’’ at the end of para-
graph (15), by striking paragraph (16), and by re-
designating paragraph (17) as paragraph (16). 
(8) The table of sections for part VI of sub-
chapter B of chapter 1 of such Code is amended by 
striking the item relating to section 199. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2009. 
TITLE V—SOLAR POWER 
SEC. 501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Emergency Solar 
Power Permit Act’’. 
SEC. 502. EXEMPTION OF SOLAR ENERGY PROJECTS FROM 
ENVIRONMENTAL IMPACT STATEMENT RE-
QUIREMENT. 
(a) IN GENERAL.—Title I of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 106. No action relating to the development, de-
ployment, or operation of a solar energy project on lands 
managed by the Bureau of Land Management shall be 
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considered a major Federal action for the purposes of sec-
tion 102(2)(C).’’. 
(b) EFFECT FOR STATEMENTS UNDERWAY.—Each 
department and agency of the Federal Government shall 
cease the preparation of a statement, commenced pursu-
ant to section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)), for any action 
described in the amendment made by subsection (a), to 
the extent that the preparation of such statement would 
delay or otherwise interfere with such action. 
TITLE VI—NATURAL GAS 
SEC. 601. NATURAL GAS VEHICLE RESEARCH, DEVELOP-
MENT, AND DEMONSTRATION PROJECTS. 
(a) IN GENERAL.—The Secretary of Energy shall 
conduct a 5-year program of natural gas vehicle research, 
development, and demonstration. The Secretary shall co-
ordinate with the Administrator of the Environmental 
Protection Agency, as necessary. 
(b) PURPOSE.—The program under this section shall 
focus on— 
(1) the continued improvement and develop-
ment of new, cleaner, more efficient light-duty, me-
dium-duty, and heavy-duty natural gas vehicle en-
gines; 
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(2) the integration of those engines into light- 
duty, medium-duty, and heavy-duty natural gas vehi-
cles for onroad and offroad applications; 
(3) expanding product availability by assisting 
manufacturers with the certification of the engines 
or vehicles described in paragraph (1) or (2) to Fed-
eral or California certification requirements and in- 
use emission standards; 
(4) the demonstration and proper operation and 
use of the vehicles described in paragraph (2) under 
all operating conditions; 
(5) the development and improvement of na-
tionally recognized codes and standards for the con-
tinued safe operation of natural gas vehicles and 
their components; 
(6) improvement in the reliability and efficiency 
of natural gas fueling station infrastructure; 
(7) the certification of natural gas fueling sta-
tion infrastructure to nationally recognized and in-
dustry safety standards; 
(8) the improvement in the reliability and effi-
ciency of onboard natural gas fuel storage systems; 
(9) the development of new natural gas fuel 
storage materials; 
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(10) the certification of onboard natural gas 
fuel storage systems to nationally recognized and in-
dustry safety standards; and 
(11) the use of natural gas engines in hybrid 
vehicles. 
(c) CERTIFICATION OF CONVERSION SYSTEMS.—The 
Secretary shall coordinate with the Administrator on 
issues related to streamlining the certification of natural 
gas conversion systems to the appropriate Federal certifi-
cation requirements and in-use emission standards. 
(d) COOPERATION AND COORDINATION WITH INDUS-
TRY.—In developing and carrying out the program under 
this section, the Secretary shall coordinate with the nat-
ural gas vehicle industry to ensure cooperation between 
the public and the private sector. 
(e) CONDUCT OF PROGRAM.—The program under 
this section shall be conducted in accordance with sections 
3001 and 3002 of the Energy Policy Act of 1992. 
(f) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall provide a re-
port to Congress on the implementation of this section. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary 
$30,000,000 for each of the fiscal years 2010 through 
2014 to carry out this section. 
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(h) DEFINITION.—For purposes of this section, the 
term ‘‘natural gas’’ means compressed natural gas, lique-
fied natural gas, biomethane, and mixtures of hydrogen 
and methane or natural gas. 
SEC. 602. ALTERNATIVE FUEL CREDIT WITH RESPECT TO 
COMPRESSED OR LIQUEFIED NATURAL GAS 
MADE PERMANENT. 
(a) ALTERNATIVE FUEL CREDIT.—Paragraph (5) of 
section 6426(d) of the Internal Revenue Code of 1986 (re-
lating to alternative fuel credit) is amended to read as fol-
lows: 
‘‘(5) TERMINATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), this subsection shall not 
apply to any sale or use for any period after 
December 31, 2009 (September 30, 2014, in 
the case of any sale or use involving liquefied 
hydrogen). 
‘‘(B) COMPRESSED
OR
LIQUEFIED
NAT-
URAL GAS.—Subparagraph (A) shall not apply 
in the case of any sale or use involving com-
pressed or liquefied natural gas.’’. 
(b) ALTERNATIVE FUEL MIXTURE CREDIT.—Para-
graph (3) of section 6426(e) of such Code is amended to 
read as follows: 
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‘‘(3) TERMINATION.— 
‘‘(A) Except as provided in subparagraph 
(B), this subsection shall not apply to any sale 
or use for any period after December 31, 2009 
(September 30, 2014, in the case of any sale or 
use involving liquefied hydrogen). 
‘‘(B) COMPRESSED
OR
LIQUEFIED
NAT-
URAL GAS.—Subparagraph (A) shall not apply 
in the case of any sale or use involving com-
pressed or liquefied natural gas.’’. 
(c) PAYMENTS RELATING TO ALTERNATIVE FUEL OR 
ALTERNATIVE FUEL MIXTURES.—Paragraph (6) of sec-
tion 6427(e) of such Code is amended by adding at the 
end the following flush sentence: 
‘‘The preceding sentence shall not apply in the case 
of any sale or use involving compressed or liquefied 
natural gas.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fuel sold or used after the date 
of the enactment of this Act. 
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SEC. 603. ALTERNATIVE FUEL VEHICLE CREDIT MADE PER-
MANENT WITH RESPECT TO VEHICLES POW-
ERED BY COMPRESSED OR LIQUEFIED NAT-
URAL GAS. 
(a) IN GENERAL.—Paragraph (4) of section 30B(k) 
of the Internal Revenue Code of 1986 (relating to termi-
nation) is amended by adding at the end the following 
flush sentence: 
‘‘The preceding sentence shall not apply in the case 
of a vehicle powered by compressed or liquefied nat-
ural gas.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to property placed in service 
after the date of the enactment of this Act. 
SEC. 604. ALLOWANCE OF VEHICLE AND INFRASTRUCTURE 
CREDITS AGAINST REGULAR AND MINIMUM 
TAX AND TRANSFERABILITY OF CREDITS. 
(a) BUSINESS CREDITS.—Subparagraph (B) of sec-
tion 38(c)(4) of the Internal Revenue Code of 1986 is 
amended by striking ‘‘and’’ at the end of clause (vii), by 
striking the period at the end of clause (viii) and inserting 
‘‘, and’’, and by inserting after clause (viii) the following 
new clauses: 
‘‘(ix) the portion of the credit deter-
mined under section 30B which is attrib-
utable to the application of subsection 
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100 
(e)(3) thereof with respect to qualified al-
ternative fuel motor vehicles which are ca-
pable of being powered by compressed or 
liquefied natural gas, and 
‘‘(x) the portion of the credit deter-
mined under section 30C which is attrib-
utable to the application of subsection (b) 
thereof with respect to refueling property 
which is used to store and or dispense 
compressed or liquefied natural gas.’’. 
(b) PERSONAL CREDITS.— 
(1) 
NEW
QUALIFIED
ALTERNATIVE
FUEL 
MOTOR VEHICLES.—Subsection (g) of section 30B of 
such Code is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) SPECIAL
RULE
RELATING
TO
CERTAIN 
NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHI-
CLES.—In the case of the portion of the credit deter-
mined under subsection (a) which is attributable to 
the application of subsection (e)(3) with respect to 
qualified alternative fuel motor vehicles which are 
capable of being powered by compressed or liquefied 
natural gas— 
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101 
‘‘(A) paragraph (2) shall (after the appli-
cation of paragraph (1)) be applied separately 
with respect to such portion, and 
‘‘(B) in lieu of the limitation determined 
under paragraph (2), such limitation shall not 
exceed the excess (if any) of— 
‘‘(i) the sum of the regular tax liabil-
ity (as defined in section 26(b)) plus the 
tentative minimum tax for the taxable 
year, reduced by 
‘‘(ii) the sum of the credits allowable 
under subpart A and sections 27 and 30.’’. 
(2) ALTERNATIVE FUEL VEHICLE REFUELING 
PROPERTIES.—Subsection (d) of section 30C of such 
Code is amended by adding at the end the following 
new paragraph: 
‘‘(3) SPECIAL RULE RELATING TO CERTAIN AL-
TERNATIVE
FUEL
VEHICLE
REFUELING
PROP-
ERTIES.—In the case of the portion of the credit de-
termined under subsection (a) with respect to refuel-
ing property which is used to store and or dispense 
compressed or liquefied natural gas and which is at-
tributable to the application of subsection (b)— 
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102 
‘‘(A) paragraph (2) shall (after the appli-
cation of paragraph (1)) be applied separately 
with respect to such portion, and 
‘‘(B) in lieu of the limitation determined 
under paragraph (2), such limitation shall not 
exceed the excess (if any) of— 
‘‘(i) the sum of the regular tax liabil-
ity (as defined in section 26(b)) plus the 
tentative minimum tax for the taxable 
year, reduced by 
‘‘(ii) the sum of the credits allowable 
under subpart A and sections 27, 30, and 
the portion of the credit determined under 
section 30B which is attributable to the 
application of subsection (e)(3) thereof.’’. 
(c) CREDITS MAY BE TRANSFERRED.— 
(1) VEHICLE CREDITS.—Subsection (h) of sec-
tion 30B of such Code is amended by adding at the 
end the following new paragraph: 
‘‘(11) TRANSFERABILITY OF CREDIT.—Nothing 
in any law or rule of law shall be construed to limit 
a taxpayer from transferring, through sale and re-
purchase agreement, the credit allowed by this sec-
tion for qualified alternative fuel motor vehicles 
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103 
which are capable of being powered by compressed 
or liquefied natural gas.’’. 
(2) INFRASTRUCTURE CREDIT.—Subsection (e) 
of section 30C of such Code is amended by adding 
at the end the following new paragraph: 
‘‘(6) CREDIT MAY BE TRANSFERRED.—Nothing 
in any law or rule of law shall be construed to limit 
a taxpayer from transferring the credit allowed by 
this section through sale and repurchase agree-
ments.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to property placed in 
service after the date of the enactment of this Act. 
SEC. 605. CREDIT FOR PRODUCING VEHICLES FUELED BY 
NATURAL GAS OR LIQUIFIED NATURAL GAS. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to business related credits), as amended by 
this Act, is amended by inserting after section 45R the 
following new section: 
‘‘SEC. 45S. PRODUCTION OF VEHICLES FUELED BY NAT-
URAL GAS OR LIQUIFIED NATURAL GAS. 
‘‘(a) IN GENERAL.—For purposes of section 38, in 
the case of a taxpayer who is a manufacturer of natural 
gas vehicles, the natural gas vehicle credit determined 
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104 
under this section for any taxable year with respect to 
each eligible natural gas vehicle produced by the taxpayer 
during such year is an amount equal to the lesser of— 
‘‘(1) 10 percent of the manufacturer’s basis in 
such vehicle, or 
‘‘(2) $4,000. 
‘‘(b) AGGREGATE CREDIT ALLOWED.—The aggre-
gate amount of credit allowed under subsection (a) with 
respect to a taxpayer for any taxable year shall not exceed 
$200,000,000 reduced by the amount of the credit allowed 
under subsection (a) to the taxpayer (or any predecessor) 
for all prior taxable years. 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) ELIGIBLE NATURAL GAS VEHICLE.—The 
term ‘eligible natural gas vehicle’ means any motor 
vehicle (as defined in section 30(c)(2))— 
‘‘(A) which— 
‘‘(i) is only capable of operating on 
natural gas or liquefied natural gas, or 
‘‘(ii) is capable of operating on com-
pressed or liquefied natural gas and (but 
not in combination with) gasoline or diesel 
fuel, but in no case shall such vehicle have 
an operating range of less than 200 miles 
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105 
on compressed or liquefied natural gas, 
and 
‘‘(B) the final assembly of which is in the 
United States. 
‘‘(2) MANUFACTURER.—The term ‘manufac-
turer’ has the meaning given such term in regula-
tions prescribed by the Administrator of the Envi-
ronmental Protection Agency for purposes of the ad-
ministration of title II of the Clean Air Act (42 
U.S.C. 7521 et seq.). 
‘‘(d) SPECIAL RULES.—For purposes of this sec-
tion— 
‘‘(1) IN GENERAL.—Rules similar to the rules 
of subsections (c), (d), and (e) of section 52 shall 
apply. 
‘‘(2) CONTROLLED GROUPS.— 
‘‘(A) IN GENERAL.—All persons treated as 
a single employer under subsection (a) or (b) of 
section 52 or subsection (m) or (o) of section 
414 shall be treated as a single producer. 
‘‘(B) INCLUSION
OF
FOREIGN
CORPORA-
TIONS.—For purposes of subparagraph (A), in 
applying subsections (a) and (b) of section 52 
to this section, section 1563 shall be applied 
without regard to subsection (b)(2)(C) thereof. 
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135 
SEC. 810. CREDIT FOR CLEAN RENEWABLE ENERGY BONDS 
MADE PERMANENT. 
Section 54 of the Internal Revenue Code of 1986 (re-
lating to termination) is amended by striking subsection 
(m). 
SEC. 811. EXTENSION OF CREDITS FOR BIODIESEL AND RE-
NEWABLE DIESEL. 
(a) IN GENERAL.—Section 40A of the Internal Rev-
enue Code of 1986 is amended by striking subsection (g). 
(b) BIODIESEL MIXTURE CREDIT.— 
(1) Section 6426(c) of the Internal Revenue 
Code of 1986 is amended by striking paragraph (6). 
(2) Section 6427(e)(5) of the Internal Revenue 
Code of 1986 is amended by striking subparagraph 
(B) and redesignating subparagraphs (C) and (D) 
as subparagraphs (B) and (C), respectively. 
SEC. 812. ALTERNATIVE FUEL VEHICLE REFUELING PROP-
ERTY CREDIT MADE PERMANENT. 
Section 30C of the Internal Revenue Code of 1986 
is amended by striking subsection (g). 
Æ 
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