(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 in 
accordance with subsections (a) and (b) of section 
811 of the Alaska National Interest Lands Con-
servation 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. 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 
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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 District Court for the District 
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-
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. 
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SEC. 128. 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) except as provided in section 131(d), the 
balance shall be transferred to the American-Made 
Energy Trust Fund established in section 9512 of 
the Internal Revenue Code of 1986 (as added by 
title II). 
(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 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 
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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 122(g) provisions regarding the 
granting of rights-of-way and easements described in sub-
section (a) of this section. 
SEC. 130. CONVEYANCE. 
In order to maximize Federal revenues by removing 
clouds on title to lands and clarifying land ownership pat-
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 
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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. 131. 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-
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. 
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(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 
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— 
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(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 
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. 
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(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 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 Sec-
retary of the Treasury shall invest amounts in the 
fund in interest-bearing government securities. 
(e) AUTHORIZATION OF APPROPRIATIONS.—To pro-
vide financial assistance under this section, there is au-
thorized to be appropriated to the Secretary from the 
Coastal Plain Local Government Impact Aid Assistance 
Fund $5,000,000 for each fiscal year. 
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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 es-
timated that oil shale resources located on Federal 
lands hold 2 trillion undiscovered technically recover-
able barrels of oil. 
(2) Oil shale is a strategically important domes-
tic resource that should be developed to reduce the 
growing dependence of the United States on politi-
cally 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 unconven-
tional fuel should occur, with an emphasis on sus-
tainability, to benefit the United States while taking 
into account affected States and communities. 
(5) Oil shale is one of the best resources avail-
able for advancing American technology and creating 
American jobs. 
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(6) Oil shale will be a critically important com-
ponent 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 en-
actment 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 PRODUC-
TION.—The Secretary of the Interior may temporarily re-
duce royalties, fees, rentals, bonus bids, or other payments 
for leases of Federal lands for the development and pro-
duction of oil shale resources as necessary to give incen-
tives for and encourage development of such resources, if 
the Secretary determines that the royalties, fees, rentals, 
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bonus bids, and other payments otherwise authorized by 
law are hindering production of such resources. 
Subtitle D—Coal-to-Liquid 
SEC. 151. DEVELOPMENT AND OPERATION OF FACILITIES. 
(a) AUTHORITY.—The Secretary of Defense shall de-
velop, construct, and operate a qualified coal-to-liquid fa-
cility, subject to the availability of appropriations provided 
in advance specifically for that purpose. 
(b) CONSIDERATIONS.—In carrying out subsection 
(a), the Secretary shall consider land availability, testing 
opportunities, and proximity to raw materials. 
SEC. 152. 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 domes-
tic coal (including peat and any property which al-
lows for the capture, transportation, or sequestration 
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of byproducts resulting from such process, including 
carbon emissions). 
SEC. 153. 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) there are 104 nuclear reactors currently op-
erating in the United States, providing 20 percent of 
the electricity of the United States, slightly less than 
the electricity generated by natural gas; 
(2) nuclear energy is the largest provider of 
clean, low-carbon electricity, almost 8 times larger 
than all renewable power production combined, ex-
cluding hydroelectric power; 
(3) nuclear power is responsible for 72 percent 
of emission-free electricity production in the United 
States and is an essential tool for greenhouse gas re-
duction; 
(4) nuclear power plants virtually eliminate 
emissions of greenhouse gases and criteria pollutants 
associated with acid rain, smog, or ozone; 
(5) nuclear energy supplies consistent, baseload 
electricity, independent of environmental conditions; 
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(6) nuclear power is a safe, reliable, efficient, 
and affordable source of energy; 
(7) between 1960 and 1980, the Nuclear Regu-
latory Commission issued 169 permits to construct 
nuclear power facilities; 
(8) even if every nuclear power plant is granted 
a 20-year extension, all currently operating nuclear 
power plants will be retired by 2055; 
(9) long lead times for nuclear power plant li-
censing, permitting, and construction indicate that 
action to stimulate the nuclear power industry 
should not be delayed; 
(10) 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; 
(11) those proposed reactors will use the latest 
in nuclear technology for efficiency and safety, more 
advanced than the technology of the 1960s and 
1970s found in the reactors currently operating in 
the United States; 
(12) increasing nuclear power threefold will cre-
ate 480,000 construction jobs, 140,000 permanent 
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jobs, and $20,000,000,000 in local, State, and Fed-
eral tax revenue each year; 
(13) increasing nuclear power threefold will re-
duce electricity-based carbon dioxide emissions by 
1,400,000,000 metric tons annually and will reduce 
carbon emissions by 65 percent from current emis-
sions levels by 2050; 
(14) 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; 
(15) the Nuclear Waste Policy Act of 1982 re-
quires 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; 
(16) 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; 
(17) the Congress reaffirmed Yucca Mountain 
as the sole candidate site for a geologic repository in 
2001; 
(18) despite the foregoing laws, the Government 
has failed to accept high-level radioactive waste and 
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spent nuclear fuel from utilities and has delayed 
construction of the Yucca Mountain repository; 
(19) failure to accept high-level radioactive 
waste and spent nuclear fuel has led to more than 
74 lawsuits filed by utilities against the Government, 
$1 billion in settlements being paid, and an esti-
mated $16.2 billion in potential liabilities to settle 
remaining lawsuits; 
(20) each year the Government refuses to ac-
cept high-level radioactive waste and spent nuclear 
fuel adds an estimated $500,000,000 in additional 
liabilities associated with future lawsuits; 
(21) the failure of the Federal Government to 
accept high-level radioactive waste and spent nuclear 
fuel from utilities is a significant barrier to the fu-
ture development of additional nuclear power; 
(22) the United States has 58,000 tons of radi-
ological material stored at more than 100 sites in 39 
States; 
(23) the 104 commercial nuclear reactors oper-
ating in the United States produce approximately 
2,000 tons of spent nuclear fuel every year; 
(24) the Yucca Mountain repository’s capacity 
is statutorily limited to 70,000 tons of waste but can 
safely hold 120,000 tons; 
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(25) operators who have paid into the Nuclear 
Waste Fund have been denied access to permanent 
storage of radiological material as promised by the 
Federal Government; 
(26) permanent geologic storage capacity is a 
finite resource on which the industry depends; and 
(27) operators have the technical expertise to 
develop new and more efficient processes of dis-
posing of new radiological material. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States, given the importance of making a transi-
tion 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 op-
eration. 
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 num-
ber of qualified applicants. 
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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 Govern-
ment shall site and permit at least one radiological mate-
rial geologic repository for the disposal of radiological ma-
terial. 
(b) YUCCA MOUNTAIN.— 
(1) IN GENERAL.—The repository site at Yucca 
Mountain shall remain the site for the Nation’s radi-
ological 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 li-
cense 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 determina-
tion is made on the merits of the application. 
(3) DEADLINES.— 
(A) SUITABILITY
DETERMINATION.—Not 
later than 90 days after the enactment of this 
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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 ap-
prove or deny the application under paragraph 
(2). 
(4) LIMITATIONS
ON
AMOUNT
OF
RADIO-
LOGICAL
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 Com-
mission with new limits based on scientific and tech-
nical analysis of the full capacity of Yucca Mountain 
for the storage of radiological material. 
(c) ALTERNATIVE REPOSITORY.— 
(1) IN GENERAL.—Should the Nuclear Regu-
latory Commission determine under subsection (b) 
that Yucca Mountain is not a suitable location to 
place a radiological material repository, the Sec-
retary 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 alter-
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native 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 accord-
ance 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 MAN-
AGEMENT. 
(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 inde-
pendent radiological material management program 
that would meet the guidelines in subsection (b). 
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(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 de-
scribed 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 estab-
lished in accordance with this subsection, the Sec-
retary 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 abil-
ity to meet the requirements of a program estab-
lished 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 accord-
ance with this subsection to submit to the Secretary 
an application containing the following: 
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(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 Reg-
ulatory Commission-issued licenses, allowances, and 
responsibilities necessary for the operation of the nu-
clear materials repository at Yucca Mountain. 
(5) RESPONSIBILITIES.—The Secretary may re-
quire an eligible entity awarded a contract under a 
program established in accordance with this sub-
section to be responsible for the following: 
(A) Providing technical and other informa-
tion 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. 
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(C) Managing construction of one or more 
radiological material repositories upon Nuclear 
Regulatory Commission approval, including con-
ducting all necessary design and engineering 
work to support construction of the repository. 
(D) Radiological material repository oper-
ations. 
(E) Undertaking all infrastructure activi-
ties 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 con-
nect the repository site with the national 
rail network, including any facilities to fa-
cilitate rail operations; and 
(iv) construction, upgrade, acquisition, 
or operation of electrical grids or facilities, 
other utilities, communication facilities, ac-
cess roads, rail lines, and nonnuclear sup-
port facilities. 
(F) Creating a fee structure for the geo-
logic storage of radiological material. The fees 
may not exceed the amount necessary to main-
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tain 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, in-
cluding— 
(i) volume; 
(ii) toxicity; 
(iii) heat load; and 
(iv) repository operation costs. 
(c) CONGRESSIONAL AUTHORIZATION REQUIRED.— 
The Secretary may not establish an independent radio-
logical material management program under this section 
unless authorized by a law enacted after the date of enact-
ment of this Act. 
SEC. 166. SPENT NUCLEAR FUEL RECYCLING. 
(a) PROHIBITION.—The President is prohibited from 
blocking or hindering spent nuclear fuel recycling activi-
ties. 
(b) RULEMAKING FOR LICENSING OF SPENT NU-
CLEAR FUEL RECYCLING FACILITIES.—Not later than 2 
years after the date of enactment of this Act, the Chair-
man of the Nuclear Regulatory Commission shall complete 
a rulemaking establishing a process for the licensing by 
the Nuclear Regulatory Commission, under the Atomic 
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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 con-
duct an inventory of all materials owned by the Depart-
ment 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 Sec-
retary shall establish appropriate procedures to ensure 
that the reserve can protect United States energy pro-
ducers from shortages of nuclear fuel. 
(c) PLAN.—The Secretary shall transmit to the Con-
gress a long-term plan for introducing nuclear fuel sup-
plies from the reserve into the market. 
SEC. 168. PUBLIC HEALTH AND SAFETY. 
Nothing in this title shall supersede, mitigate, detract 
from, or in any way decrease the Nuclear Regulatory Com-
mission’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 title shall be executed in a manner that 
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jeopardizes, minimizes, reduces, or lessens public health 
and safety standards. 
SEC. 169. STREAMLINING COMBINED CONSTRUCTION AND 
OPERATING LICENSE. 
(a) IN GENERAL.—The Nuclear Regulatory Commis-
sion shall establish and implement an expedited procedure 
for issuing a Combined Construction and Operating Li-
cense. 
(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 al-
ready exists; 
(3) not be subject to a Nuclear Regulatory 
Commission order to modify, suspend, or revoke a li-
cense under section 2.202 of title 10, Code of Fed-
eral 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 li-
cense for which the applicant has satisfied the require-
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ments of subsection (b) and seeks expedited consideration, 
the Nuclear Regulatory Commission shall follow the fol-
lowing procedures: 
(1) Undertake an expedited environmental re-
view process and issue a draft environmental impact 
statement not later than 12 months after the appli-
cation 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 en-
vironmental impact statement not later than 18 
months after the application is accepted for dock-
eting. 
(4) Make a final decision on whether to issue 
the Combined Construction and Operating License 
not later than 25 months after docketing the appli-
cation. 
(d) GOALS.—The Chairman of the Nuclear Regu-
latory Commission shall present recommendations to Con-
gress not later than 90 days after the date of enactment 
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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 provi-
sional certification of a proposed nuclear reactor de-
sign. 
(2) 
EFFECT
OF
PROVISIONAL
CERTIFI-
CATION.—Approval of a provisional design certifi-
cation under this subsection shall not eliminate, re-
duce, or otherwise affect any requirement for reactor 
design approval or certification by the Nuclear Reg-
ulatory Commission or any other agency under Fed-
eral law. 
(3) TIMING.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a provisional certification 
shall be provided or denied under this sub-
section 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. 
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(4) CRITERIA.—In determining whether to ap-
prove 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 construc-
tion in other nations. 
(5) SUPPLEMENTAL INFORMATION.—An appli-
cation for provisional certification under this sub-
section may include supplemental information pro-
vided 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 de-
signs under consideration for certification by the Commis-
sion on the date of enactment of this Act, that signifi-
cantly reduces the time necessary to achieve such certifi-
cation. 
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SEC. 171. TECHNOLOGY-NEUTRAL PLANT DESIGN SPECI-
FICATIONS. 
Not later than one year after the date of enactment 
of this Act, the Chairman of the Nuclear Regulatory Com-
mission shall submit to the Congress a report regarding 
recommendations for the development of technology-neu-
tral plant design specifications. 
SEC. 172. ADDITIONAL FUNDING AND PERSONNEL RE-
SOURCES. 
Not later than 90 days after the date of enactment 
of this Act, the Chairman of the Nuclear Regulatory Com-
mission shall transmit to the Congress a request for such 
additional funding and personnel resources as are nec-
essary to carry out sections 169 through 171 without de-
laying consideration of applications for Combined Con-
struction and Operating Licenses or reactor design certifi-
cations not subject to expedited procedures under this 
title. 
SEC. 173. NATIONAL NUCLEAR ENERGY COUNCIL. 
(a) IN GENERAL.— 
(1) The Secretary of Energy shall establish a 
National Nuclear Energy Council (in this section re-
ferred to as the ‘‘Council’’). 
(2) The Council shall be subject to the require-
ments of the Federal Advisory Committee Act (5 
U.S.C. App.). 
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(b) PURPOSE.—The Council— 
(1) shall serve in an advisory capacity to the 
Secretary regarding nuclear energy on matters sub-
mitted to the Council by the Secretary; 
(2) shall advise, inform, and make rec-
ommendations to the Secretary with respect to any 
matter relating to nuclear energy; 
(3) shall help nuclear energy-related investors 
to navigate the Federal bureaucracy to efficiently 
bring their products and services to the marketplace; 
and 
(4) may not participate in any research and de-
velopment or commercialization activities. 
(c) MEMBERSHIP AND ORGANIZATION.— 
(1) The members of the Council shall be ap-
pointed by the Secretary. 
(2) The Council may establish such study and 
administrative committees as it considers appro-
priate. 
SEC. 174. 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 sub-
mitted to Congress in August 2008, as required by section 
644 of the Energy Policy Act of 2005 (42 U.S.C. 16024), 
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with the purpose of reevaluating and significantly accel-
erating the Next Generation Nuclear Power Plant sched-
ule. 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 require-
ments 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. 175. URANIUM MINING ON FEDERAL LANDS. 
The Secretary of the Interior may not use the Fed-
eral 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 ex-
plaining the reason for such prevention. No Federal agen-
cy 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 Govern-
ment or Government-sponsored activities. 
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SEC. 176. 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 per-
sonnel 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 Nu-
clear Regulatory Commission shall promulgate regulations 
to implement the recommendations transmitted under 
subsection (a). 
SEC. 177. 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. 178. DEFINITION. 
In this subtitle, the term ‘‘radiological material’’ 
means radioactive material that is a byproduct of the pro-
duction of nuclear power, including high-level nuclear 
waste and spent nuclear fuel, as those terms are defined 
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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—AMERICAN-MADE 
ENERGY TRUST FUND 
SEC. 201. ESTABLISHMENT OF AMERICAN-MADE ENERGY 
TRUST FUND. 
(a) CREATION OF TRUST FUND.—Subchapter A of 
chapter 98 of the Internal Revenue Code of 1986 is 
amended by inserting at the end the following new section: 
‘‘SEC. 9512. AMERICAN-MADE ENERGY TRUST FUND. 
‘‘(a) ESTABLISHMENT OF TRUST FUND.—There is 
established in the Treasury of the United States a trust 
fund to be known as the American-Made Energy Trust 
Fund, consisting of such amounts as may be appropriated 
or credited to the American-Made Energy Trust Fund as 
provided in this section. 
‘‘(b) TRANSFERS TO TRUST FUND.—To the extent 
provided by appropriations Acts, there shall be appro-
priated to the American-Made Energy Trust Fund— 
‘‘(1) the amounts required to be transferred 
under section 128 of A Roadmap for America’s En-
ergy Future; 
‘‘(2) all amounts received by the United States 
as bonus bids, rents, and royalties for oil and gas 
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leases of the outer Continental Shelf awarded after 
the date of the enactment of A Roadmap for Amer-
ica’s Energy Future that are not otherwise required 
by law to be paid by the United States; and 
‘‘(3) all amounts received by the United States 
as bonus bids, rents, and royalties for oil shale 
leases of Federal lands awarded after the date of the 
enactment of A Roadmap for America’s Energy Fu-
ture. 
‘‘(c) EXPENDITURES FROM AMERICAN-MADE EN-
ERGY TRUST FUND.—As provided by appropriations Acts, 
amounts in the American-Made Energy Trust Fund shall 
be available in any year to carry out section 301 of A 
Roadmap for America’s Energy Future.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter A of chapter 98 of such Code is amended 
by inserting at the end the following new item: 
‘‘Sec. 9512. American-Made Energy Trust Fund.’’. 
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TITLE 
III—REVERSE 
AUCTION 
MECHANISM 
FOR 
RENEW-
ABLE ENERGY GENERATION 
AND FOR RENEWABLE FUEL 
PRODUCTION 
SEC. 301. REVERSE AUCTION MECHANISM FOR RENEW-
ABLE ENERGY GENERATION. 
(a) IN GENERAL.—The Secretary shall establish a re-
verse auction program to award funds from the American- 
Made Energy Trust Fund to eligible entities to generate 
an amount of electric energy. 
(b) REVERSE AUCTION AUTHORITY.— 
(1) IN GENERAL.—The Secretary shall establish 
within the Department of Energy a Reverse Auction 
Authority to conduct reverse auctions under this sec-
tion. 
(2) DIRECTOR.—The Secretary shall appoint a 
Director to serve as head of the Authority. 
(c) REVERSE AUCTIONS.— 
(1) FREQUENCY.—Subject to amounts available 
in the American-Made Energy Trust Fund (includ-
ing any amounts not obligated in the previous cal-
endar year), the Director shall conduct a minimum 
of 2 reverse auctions per calendar year in each geo-
graphic region established under paragraph (2). 
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(2) REGIONS.—The Secretary shall establish 
geographic regions that are contiguous with the 
Electric Power Markets identified by the Federal 
Energy Regulatory Commission, and shall ensure 
that funds awarded under this section are awarded 
for qualified renewable energy facilities located 
across those regions. 
(3) BIDS.—In any reverse auction under this 
section, bids shall describe the amount of electric en-
ergy to be generated by the qualified renewable en-
ergy facility and the price per megawatt hour of 
electric energy that will be generated by such facil-
ity. 
(4) DEPOSIT.— 
(A) IN GENERAL.—At the time of entering 
a bid in a reverse auction under this section, an 
eligible entity shall provide to the Director a de-
posit of, as determined by the Director, an ap-
propriate amount per kilowatt hour of elec-
tricity to be generated by the qualified renew-
able energy facility for which the eligible entity 
is entering the bid. 
(B) REFUND.—The Director shall refund a 
deposit provided under subparagraph (A)— 
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(i) for an eligible entity that is not se-
lected for an award of funds as a result of 
the bid for which the deposit was made, at 
the time the Director notifies the eligible 
entity selected for an award of such selec-
tion; and 
(ii) for an eligible entity selected for 
an award of funds as a result of the bid 
for which the deposit was made, except as 
provided in subparagraph (C), at the time 
the facility for which the eligible entity en-
tered the bid begins operation. 
(C) FORFEIT.—If a facility for which 
funds are awarded is not in operation by the 
deadline for operation under subsection (d)(3), 
the eligible entity shall forfeit the deposit pro-
vided under subparagraph (A). 
(5) RESERVE PRICE.— 
(A) IN GENERAL.—Before conducting a re-
verse auction under this section, the Director 
shall set a reserve price which shall be a min-
imum bid above which no bid may win the auc-
tion. 
(B) 
CONFIDENTIALITY.—The 
Director 
shall ensure that a reserve price set under this 
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paragraph remains confidential until 5 years 
after the date of the auction to which the re-
serve price applies. 
(6) SELECTION OF ELIGIBLE ENTITIES.— 
(A) IN GENERAL.—In determining eligible 
entities to which to award funds in any reverse 
auction under this section, the Director shall 
take into consideration— 
(i) bids that incorporate the lowest bid 
price per megawatt hour of electric energy; 
and 
(ii) existing subsidies and other sup-
port received by an eligible entity for the 
qualified renewable energy facility. 
(B) MAXIMUM PERCENTAGES.—The Direc-
tor shall ensure that, measured on a 5-year roll-
ing average, of funds awarded under this sec-
tion— 
(i) not more than 60 percent are 
awarded for one type of renewable energy 
source; and 
(ii) not more than 90 percent are 
awarded for any combination of 2 types of 
renewable energy sources. 
(7) CATEGORIES OF GENERATING CAPACITY.— 
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(A) ALLOCATION.—Subject to subpara-
graph (B), in each reverse auction conducted 
under this section, funds shall be allocated as 
follows: 
(i) 25 percent of the funds shall be 
awarded for the generation of electric en-
ergy by qualified renewable energy facili-
ties that have a small generating capacity. 
(ii) 25 percent of the funds shall be 
awarded for the generation of electric en-
ergy by qualified renewable energy facili-
ties that have a mid-sized generating ca-
pacity. 
(iii) 50 percent of the funds shall be 
awarded for the generation of electric en-
ergy by qualified renewable energy facili-
ties that have a large generating capacity. 
(B) INSUFFICIENT
FUNDS.—If the Sec-
retary determines that the amount of funds 
available in any calendar year in the American- 
Made Energy Trust Fund (including any 
amounts not obligated in the previous calendar 
year) are insufficient to provide adequate fund-
ing for each allocation described in clauses (i), 
(ii), and (iii) of subparagraph (A), the Sec-
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retary may reduce or eliminate any allocation 
requirement under such subparagraph. 
(C) DETERMINATION
BY
SECRETARY.— 
With respect to the generating capacity of a 
qualified renewable energy facility, the Sec-
retary shall determine what qualifies as a small, 
mid-sized, and large generating capacity for 
purposes of this paragraph. 
(8) STANDARD
AMOUNTS
OF
ELECTRIC
EN-
ERGY.—In each reverse auction under this section, 
the Director shall determine standard amounts of 
electric energy that eligible entities may bid on as 
well as the time allotted to generate such an amount 
of electric energy. 
(9) CONFIDENTIALITY.—Information regarding 
the bid price of an eligible entity selected for an 
award of funds pursuant to a reverse auction under 
this section shall remain confidential until the initial 
award of funds to such eligible entity is made. 
(10) INFORMATION
REGARDING
AUCTIONS.— 
Before conducting each reverse auction under this 
section, the Director shall make publicly available in-
formation regarding such reverse auction, includ-
ing— 
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