(30 U.S.C. 181 et seq.), the Geothermal Steam Act of 
1970 (30 U.S.C. 1001 et seq.), the Mineral Leasing Act 
for Acquired Lands (30 U.S.C. 351 et seq.), the 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 activi-
ties propose mitigation measures on a site away from the 
area impacted and the Secretary of the Interior shall ac-
cept these proposed measures if the Secretary finds that 
they generally achieve the purposes for which mitigation 
measures appertained. 
Subtitle B—ANWR 
SEC. 121. DEFINITIONS. 
In this subtitle: 
(1) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area described in appendix I to 
part 37 of title 50, Code of Federal Regulations. 
(2) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
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SEC. 122. 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 
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 
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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. 
(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 
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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 
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 
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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 
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-
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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 
Plain to oil and gas leasing and to exploration, develop-
ment, and production is that set forth in this subtitle. 
(g) REGULATIONS.— 
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(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. 123. LEASE SALES. 
(a) IN GENERAL.—Lands may be leased pursuant to 
this subtitle to any person qualified to obtain a lease for 
deposits of oil and gas under the Mineral Leasing Act (30 
U.S.C. 181 et seq.). 
(b) PROCEDURES.—The Secretary shall, by regula-
tion, establish procedures for— 
(1) receipt and consideration of sealed nomina-
tions for any area in the Coastal Plain for inclusion 
in, or exclusion (as provided in subsection (c)) from, 
a lease sale; 
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(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 
(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. 
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SEC. 124. GRANT OF LEASES BY THE SECRETARY. 
(a) IN GENERAL.—The Secretary may grant to the 
highest responsible qualified bidder in a lease sale con-
ducted pursuant to section 123 any lands to be leased on 
the Coastal Plain upon payment by the lessee of such 
bonus as may be accepted by the Secretary. 
(b) SUBSEQUENT
TRANSFERS.—No lease issued 
under this subtitle may be sold, exchanged, assigned, 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. 125. 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-
ploratory drilling activities as necessary to protect 
caribou calving areas and other species of fish and 
wildlife; 
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(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; 
(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 122(a)(2); 
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chanics on production, maintenance, and construction 
under the lease. 
SEC. 126. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 
(a) NO SIGNIFICANT ADVERSE EFFECT STANDARD 
TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 
The Secretary shall, consistent with the requirements of 
section 122, administer the provisions of this subtitle 
through regulations, lease terms, conditions, restrictions, 
prohibitions, stipulations, and other provisions that— 
(1) ensure the oil and gas exploration, 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 
gravel berms or piers for support of pipelines, does 
not exceed 2,000 acres on the Coastal Plain. 
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(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-
ducted in a manner consistent with the purposes and envi-
ronmental requirements of this subtitle. 
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(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 
transport methods, except that such exploration ac-
tivities may occur at other times if the Secretary 
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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 
would assist in the management of the Arctic Na-
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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 system; the protection of 
natural surface drainage patterns, wetlands, and ri-
parian 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. 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— 
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(A) except as provided in subparagraph 
(B), within the 60-day period beginning on the 
date of the action being challenged; or 
(B) in the case of a complaint based solely 
on grounds arising after such period, within 60 
days after the complainant knew or reasonably 
should have known of the grounds for the 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-
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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. 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 by section 9511 of 
the Internal Revenue Code of 1986). 
(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— 
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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 122(g) provisions granting 
rights-of-way and easements described in subsection (a) 
of this section. 
SEC. 130. CONVEYANCE. 
In order to maximize Federal revenues by removing 
clouds on title to lands and clarifying land ownership pat-
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emcdonald on DSK2BSOYB1PROD with BILLS
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. 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-
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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. 
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-
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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. 
(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 within 180 days after the date of enactment 
of this Act offering an additional 10 parcels for lease for 
research, development, and demonstration of oil shale re-
sources, under the terms offered in the solicitation of bids 
for such leases published on January 15, 2009 (74 Fed. 
Reg. 10). 
(c) APPLICATION OF REGULATIONS.—The oil shale 
management final rules published by the Department of 
the Interior on November 18, 2008 (73 Fed. Reg. 223), 
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-
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duce royalties, fees, rentals, bonus, or other payments for 
leases of Federal lands for the development and produc-
tion of oil shale resources as necessary to incentivize and 
encourage development of such resources, if the Secretary 
determines that the royalties, fees, rentals, bonus bids, 
and other payments otherwise authorized by law are hin-
dering 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-liquids 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 title (except as otherwise pro-
vided)— 
(1) COAL-TO-LIQUID FUEL.—The term ‘‘coal-to- 
liquid fuel’’ means any transportation-grade liquid 
fuel derived primarily from coal (including peat) and 
produced at a qualified coal-to-liquid facility. 
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(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 transpor-
tation grade liquid fuels from a feedstock that is pri-
marily domestic coal (including peat and any prop-
erty which allows for the capture, transportation, or 
sequestration of by-products 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. 
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. 9511. 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 
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or credited to the American-Made Energy Trust Fund as 
provided in this section. 
‘‘(b) TRANSFERS TO TRUST FUND.—To the extent 
provided in 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 
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 appropriation Acts, 
amounts in the American-Made Energy Trust Fund shall 
be available in any year to carry out sections 401 and 402 
of A Roadmap for America’s Energy Future.’’. 
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(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. 9511. American-Made Energy Trust Fund.’’. 
TITLE III—NUCLEAR 
SEC. 301. 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; 
(2) between 1960 and 1980, the Nuclear Regu-
latory Commission issued 169 permits to construct 
nuclear power facilities; 
(3) nuclear power is a safe, reliable, efficient, 
and affordable source of energy; 
(4) there are 17 combined operating and license 
applications currently pending before the Nuclear 
Regulatory Commission; 
(5) 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; 
(6) increasing nuclear power threefold will cre-
ate 480,000 construction jobs, 140,000 permanent 
jobs, and $20,000,000,000 in local, State, and Fed-
eral tax revenue each year; 
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(7) 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 by 2050; and 
(8) increasing nuclear power threefold will 
produce 320 gigawatts of electricity to power 
237,000,000 households and constitute 52 percent of 
United States electricity portfolio by 2030. 
SEC. 302. 200 OPERATING PERMITS BY 2040. 
The Nuclear Regulatory Commission shall issue oper-
ating permits for 200 new commercial nuclear reactors, 
or the megawatt equivalent, by 2040, if there are a suffi-
cient number of applicants. 
SEC. 303. RECYCLE AND SAFELY STORE SPENT NUCLEAR 
FUEL. 
(a) FINDINGS.—The Congress finds that— 
(1) the Nuclear Waste Policy Act of 1982 re-
quires the Federal Government to take ownership of 
high-level nuclear waste and spent nuclear fuel and 
build a permanent geologic repository in which to 
store this waste; 
(2) 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 nuclear waste and spent nuclear fuel; 
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(3) the Congress reaffirmed Yucca Mountain as 
the sole geologic repository in 2001; 
(4) despite the foregoing laws, the Government 
has failed to accept high-level nuclear waste and 
spent nuclear fuel from utilities and has delayed 
construction of the Yucca Mountain repository; 
(5) failure to accept high-level nuclear waste 
and spent nuclear fuel has led to more than 71 law-
suits filed by utilities against the Government, 
$600,000,000 in settlements being paid, and an esti-
mated $12,300,000,000 in potential liabilities to set-
tle remaining lawsuits; 
(6) each year the Government refuses to accept 
high-level nuclear waste and spent nuclear fuel adds 
an estimated $500,000,000 in additional liabilities 
associated with future lawsuits; and 
(7) the failure of the Federal Government to ac-
cept high-level nuclear waste and spent nuclear fuel 
from utilities is a significant barrier to the future 
development of additional nuclear power. 
(b) HIGH-LEVEL NUCLEAR WASTE REPOSITORY.— 
(1) The Federal Government remains obliged to 
construct and operate at least one high-level nuclear 
materials geologic repository for the disposal of 
spent nuclear fuel and high-level radioactive waste. 
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(2) The high-level nuclear waste repository site 
at Yucca Mountain shall remain the site for the Na-
tion’s nuclear waste repository unless it is deemed 
technologically or scientifically unsuitable by the Nu-
clear Regulatory Commission following full statutory 
review of the Department of Energy’s license appli-
cation to construct the Yucca Mountain repository. 
(3) The Nuclear Regulatory Commission shall 
continue to review the Department of Energy’s 
pending license application to construct the nuclear 
waste repository at Yucca Mountain until a deter-
mination is made on the merits of the application. 
(4) In addition to pursuing approval of the li-
cense application referenced in paragraph (3), the 
Secretary shall undertake the following activities: 
(A) Seeking all other necessary regulatory 
approvals and permits to construct and operate 
the Yucca Mountain repository. 
(B) Conducting all necessary design and 
engineering work to support construction of the 
repository. 
(C) Undertaking all infrastructure activi-
ties necessary to support the construction or 
operation of the repository or transportation to 
the site of spent nuclear fuel and high-level ra-
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dioactive waste. Infrastructure activities in-
clude, but are not limited to, safety upgrades; 
site preparation; the construction of a rail line 
to connect the Yucca Mountain site with the 
national rail network, including any facilities to 
facilitate rail operations; and construction, up-
grade, acquisition, or operation of electrical 
grids or facilities, other utilities, communication 
facilities, access roads, rail lines, and non-
nuclear support facilities. 
(5) All statutory limitations on the amount of 
spent fuel that can be placed in Yucca Mountain 
shall be removed and replaced with new limits based 
on scientific and technical analysis of the full capac-
ity of Yucca Mountain for the storage of spent nu-
clear fuel and high-level radioactive waste. 
(c) TEMPORARY NUCLEAR FUEL STORAGE FACILI-
TIES.—The Secretary of the Interior shall grant all nec-
essary rights of way and land use authorizations needed 
for a nuclear fuel storage facility if the State and locality 
in which such facility is located reach an agreement with 
a private entity. The Federal Government shall take title 
of the contents of any such facility upon closure or decom-
missioning. 
(d) RECYCLING.— 
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(1) AMENDMENT.—Section 302 of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222) is 
amended— 
(A) in subsection (d), by striking ‘‘The 
Secretary may’’ and inserting ‘‘Except as pro-
vided in subsection (f), the Secretary may’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(f) RECYCLING.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), amounts in the Waste Fund shall be used 
by the Secretary of Energy, subject to the avail-
ability of appropriations provided in advance specifi-
cally for that purpose, to develop, construct, and op-
erate a facility for the recycling of spent nuclear 
fuel. 
‘‘(2) CERTIFICATION.—The Secretary shall not 
develop, construct, and operate a facility under this 
subsection unless the President certifies to the Con-
gress that recycling of the waste would reduce the 
overall projected cost to the Federal Government for 
safely accepting and disposing of high-level nuclear 
waste.’’. 
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(2) PROHIBITION.—The Administration is pro-
hibited from blocking or hindering spent nuclear fuel 
recycling activities. 
(3) RULEMAKING
FOR
LICENSING
OF
SPENT 
NUCLEAR FUEL RECYCLING FACILITIES.— 
(A) REQUIREMENT.—The Nuclear Regu-
latory Commission shall, as expeditiously as 
possible, but in no event later than 2 years 
after the date of enactment of this Act, com-
plete a rulemaking establishing a process for 
the licensing by the Nuclear Regulatory Com-
mission, under the Atomic Energy Act of 1954, 
of facilities for the recycling of spent nuclear 
fuel. 
(B) FUNDING.—Amounts in the Nuclear 
Waste Fund established under section 302 of 
the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10222) shall be made available to the 
Nuclear Regulatory Commission to cover the 
costs of carrying out subparagraph (A) of this 
paragraph. 
(e) NUCLEAR WASTE FUND MANAGEMENT.— 
(1) OFFSETTING COLLECTIONS.—Fees collected 
by the Secretary of Energy and deposited into the 
Nuclear Waste Fund under the Nuclear Waste Pol-
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icy Act of 1982 (42 U.S.C. 10101 et seq.) shall be 
credited to the Nuclear Waste Fund as offsetting 
collections in amounts not to exceed the amounts an-
nually appropriated from the Nuclear Waste Fund. 
(2) ADDITIONAL NECESSARY SUMS.—To the ex-
tent that the level of budgetary resources from off-
setting collections is insufficient to implement activi-
ties under the Nuclear Waste Policy Act of 1982 for 
a fiscal year, there are authorized to be appropriated 
for implementing those activities such additional 
sums as may be necessary from the balances in the 
Nuclear Waste Fund. 
SEC. 304. CONFIDENCE IN AVAILABILITY OF WASTE DIS-
POSAL. 
Notwithstanding any other provision of law, in decid-
ing whether to permit the construction or operation of a 
nuclear reactor or any related facilities, the Nuclear Regu-
latory Commission shall deem, without further consider-
ation, that sufficient capacity will be available in a timely 
manner to dispose of spent nuclear fuel and high level ra-
dioactive waste resulting from the operation of the reactor 
and any related facilities. 
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TITLE 
IV—REVERSE 
AUCTION 
MECHANISMS 
FOR 
RENEW-
ABLE ENERGY GENERATION 
AND FOR RENEWABLE FUEL 
PRODUCTION 
SEC. 401. REVERSE AUCTION MECHANISM FOR RENEW-
ABLE ENERGY GENERATION. 
(a) REVERSE AUCTION.—Not later than 180 days 
after the date of enactment of this Act, the Secretary shall 
promulgate regulations to conduct reverse auctions, as de-
scribed in subsection (b), to award funds from the Amer-
ican-Made Energy Trust Fund to owners or operators of 
qualified renewable energy facilities to generate an amount 
of electric energy. 
(b) REVERSE AUCTION REQUIREMENTS.—The regu-
lations under subsection (a) shall include the following: 
(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 Secretary shall conduct a minimum 
of 2 reverse auctions per calendar year. 
(2) 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 
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electric energy that will be generated by such facil-
ity. 
(3) SELECTION OF RENEWABLE ENERGY FA-
CILITIES.—In determining bidders to award funds to 
in any reverse auction under this section, the Sec-
retary shall consider— 
(A) bids that incorporate the lowest bid 
price per megawatt hour of electric energy; and 
(B) existing subsidies and other support 
received by a bidder. 
(4) CATEGORIES OF GENERATING CAPACITY.— 
(A) ALLOCATION.—Subject to subpara-
graph (B), in each reverse auction 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-
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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-
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. 
(5) STANDARD
AMOUNTS
OF
ELECTRIC
EN-
ERGY.—In each reverse auction under this section, 
the Secretary shall determine standard amounts of 
electric energy that owners or operators of qualified 
renewable energy facilities may bid on as well as the 
time allotted to generate such an amount of electric 
energy. 
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(6) CONFIDENTIALITY.—Information regarding 
the bid price of an owner or operator 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 owner or operator is made. 
(7) INFORMATION
REGARDING
AUCTIONS.— 
Prior to each reverse auction under this section, the 
Secretary shall make publicly available information 
regarding such reverse auction, including standard 
amounts of electric energy described in paragraph 
(5) to be auctioned and allocations described in 
paragraph (4) for such auction. 
(c) AWARD OF FUNDS.— 
(1) TIMING.—The Secretary may award funds 
to an owner or operator selected— 
(A) when generation of the amount of elec-
tric energy referenced in such owner or opera-
tor’s bid begins; 
(B) on an incremental basis of generation 
until the amount of electric energy referenced 
in such owner or operator’s bid has been gen-
erated; or 
(C) after the amount of electric energy ref-
erenced in such owner or operator’s bid has 
been generated. 
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(2) CONTRACTS FOR GENERATION.—In order to 
receive an award of funds pursuant to a reverse auc-
tion under this section, an owner or operator se-
lected for such award of funds shall enter into a con-
tract with the Secretary delineating the terms of the 
award of funds, including when such owner or oper-
ator shall be required to pay the Secretary an 
amount equal to funds awarded to such owner or op-
erator for electric energy referenced in such owner 
or operator’s bid that such owner or operator fails 
to generate. 
(d) CRITERIA
FOR RENEWABLE ENERGY FACILI-
TIES.—A qualified renewable energy facility is a renewable 
energy facility that satisfies the following criteria: 
(1) OPERATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the renewable energy facility 
shall be in operation not later than 18 months 
after the owner or operator of such renewable 
energy facility is selected for an award of funds 
pursuant to a reverse auction under this sec-
tion. 
(B) 
EXTENSION.—The 
Secretary 
may 
grant an owner or operator of a renewable en-
ergy facility a one-time 6 month extension of 
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the deadline for operation under subparagraph 
(A) if such owner or operator demonstrates, to 
the satisfaction of the Secretary, that operation 
is delayed due to regulatory constraints beyond 
the control of such owner or operator. Exten-
sions under this subparagraph may not be 
granted for delays due to lack of financing or 
delayed equipment delivery. 
(2) DEPOSIT.—An owner or operator of a re-
newable energy facility shall provide a deposit of, as 
determined by the Secretary, an appropriate amount 
per kilowatt hour of electricity to be generated by 
such facility for which the owner or operator is re-
ceiving an award of funds pursuant to a reverse auc-
tion under this section. Such deposit shall be due at 
the time of the initial award of funds to such owner 
or operator and shall be refunded when the facility 
begins operation. If the renewable energy facility is 
not in operation by the deadline for operation under 
subparagraph (A) or subparagraph (B) of paragraph 
(1), the owner or operator shall forfeit such deposit. 
(3) EXPERTISE.—The owner or operator of the 
renewable energy facility shall demonstrate, to the 
satisfaction of the Secretary, competence with re-
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spect to the generation of electric energy from the 
renewable energy source used by such facility. 
(4) DEMONSTRATED TECHNOLOGY.—The owner 
or operator of the renewable energy facility shall 
demonstrate, to the satisfaction of the Secretary, 
that the renewable energy generating technology 
used by such facility can be used on a commercial 
scale. 
(5) ADDITIONAL CRITERIA.—Any additional cri-
teria the Secretary determines appropriate. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘American-Made Energy Trust 
Fund’’ means the trust fund established by section 
9511 of the Internal Revenue Code of 1986. 
(2) The term ‘‘operation’’, with respect to a re-
newable energy facility, means that— 
(A) such facility is generating electric en-
ergy; 
(B) such facility is transmitting electric 
energy onto the electric power grid; and 
(C) electric energy generated by such facil-
ity is being sold to one or more electric utilities. 
(3) The term ‘‘Secretary’’ means the Secretary 
of Energy. 
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(4) The term ‘‘renewable energy’’ has the 
meaning given such term in section 203(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 15852(b)). 
(5) The term ‘‘renewable energy facility’’ means 
a facility— 
(A) for the generation of electric energy 
and the transmission of such electric energy 
onto the electric power grid; and 
(B) that generates such electric energy 
from a renewable energy source. 
(6) The term ‘‘qualified renewable energy facil-
ity’’ means a renewable energy facility that satisfies 
the criteria under subsection (d). 
(f) DENIAL OF DOUBLE BENEFIT.— 
(1) TREATMENT AS QUALIFIED FACILITY.—A 
renewable energy facility for which funds are award-
ed under this section shall not be treated as a quali-
fied facility for purposes of section 45 of the Inter-
nal Revenue Code of 1986 (relating to electricity 
produced from certain renewable resources, etc.). 
(2) COORDINATION
WITH
TAX
DEDUCTIONS 
AND CREDITS.—The amount taken into account in 
determining a deduction or credit under the Internal 
Revenue Code of 1986 with respect to a renewable 
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energy facility shall be reduced by the amount of 
any award under this section. 
(3) BASIS.—For purposes of the Internal Rev-
enue Code of 1986, the basis of a renewable energy 
facility for which funds are awarded under this sec-
tion shall be reduced by the amount of such award. 
TITLE 
V—NATIONAL 
COMMIS-
SION 
ON 
OUTER 
CONTI-
NENTAL 
SHELF 
OIL 
SPILL 
PREVENTION 
SEC. 501. NATIONAL COMMISSION ON OUTER CONTI-
NENTAL SHELF OIL SPILL PREVENTION. 
(a) ESTABLISHMENT.—There is established in the 
Legislative branch the National Commission on Outer 
Continental Shelf Oil Spill Prevention (referred to in this 
section as the ‘‘Commission’’). 
(b) PURPOSES.—The purposes of the Commission 
are— 
(1) to examine and report on the facts and 
causes relating to the Deepwater Horizon explosion 
and oil spill of 2010; 
(2) to ascertain, evaluate, and report on the evi-
dence developed by all relevant governmental agen-
cies regarding the facts and circumstances sur-
rounding the incident; 
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(3) to build upon the investigations of other en-
tities, and avoid unnecessary duplication, by review-
ing the findings, conclusions, and recommendations 
of— 
(A) the Committees on Energy and Nat-
ural Resources and Commerce, Science, and 
Transportation of the Senate; 
(B) the Committee on Natural Resources 
and the Subcommittee on Oversight and Inves-
tigations of the House of Representatives; and 
(C) other Executive branch, congressional, 
or independent commission investigations into 
the Deepwater Horizon incident of 2010, other 
fatal oil platform accidents and major spills, 
and major oil spills generally; 
(4) to make a full and complete accounting of 
the circumstances surrounding the incident, and the 
extent of the preparedness of the United States for, 
and immediate response of the United States to, the 
incident; and 
(5) to investigate and report to the President 
and 
Congress 
findings, 
conclusions, 
and 
rec-
ommendations for corrective measures that may be 
taken to prevent similar incidents. 
(c) COMPOSITION OF COMMISSION.— 
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(1) MEMBERS.—The Commission shall be com-
posed of 10 members, of whom— 
(A) 1 member shall be appointed by the 
President, who shall serve as Chairperson of the 
Commission; 
(B) 1 member shall be appointed by the 
majority or minority (as the case may be) lead-
er of the Senate from the Republican Party and 
the majority or minority (as the case may be) 
leader of the House of Representatives from the 
Republican Party, who shall serve as Vice 
Chairperson of the Commission; 
(C) 2 members shall be appointed by the 
senior member of the leadership of the Senate 
from the Democratic Party; 
(D) 2 members shall be appointed by the 
senior member of the leadership of the House 
of Representatives from the Republican Party; 
(E) 2 members shall be appointed by the 
senior member of the leadership of the Senate 
from the Republican Party; and 
(F) 2 members shall be appointed by the 
senior member of the leadership of the House 
of Representatives from the Democratic Party. 
(2) QUALIFICATIONS; INITIAL MEETING.— 
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(A) POLITICAL PARTY AFFILIATION.—Not 
more than 5 members of the Commission shall 
be from the same political party. 
(B) NONGOVERNMENTAL
APPOINTEES.— 
An individual appointed to the Commission may 
not be a current officer or employee of the Fed-
eral Government or any State or local govern-
ment. 
(C) OTHER
QUALIFICATIONS.—It is the 
sense of Congress that individuals appointed to 
the Commission should be prominent United 
States citizens, with national recognition and 
significant depth of experience and expertise in 
such areas as— 
(i) engineering; 
(ii) environmental compliance; 
(iii) health and safety law (particu-
larly oil spill legislation); 
(iv) oil spill insurance policies; 
(v) public administration; 
(vi) oil and gas exploration and pro-
duction; 
(vii) environmental cleanup; and 
(viii) fisheries and wildlife manage-
ment. 
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shall cooperate with the Commission in expeditiously 
providing to the members and staff of the Commis-
sion appropriate security clearances, to the max-
imum extent practicable, pursuant to existing proce-
dures and requirements. 
(2) PROPRIETARY
INFORMATION.—No person 
shall be provided with access to proprietary informa-
tion under this section without the appropriate secu-
rity clearances. 
(j) REPORTS OF COMMISSION; ADJOURNMENT.— 
(1) INTERIM REPORTS.—The Commission may 
submit to the President and Congress interim re-
ports containing such findings, conclusions, and rec-
ommendations for corrective measures as have been 
agreed to by a majority of members of the Commis-
sion. 
(2) FINAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commission shall submit to the President and Con-
gress a final report containing such findings, conclu-
sions, and recommendations for corrective measures 
as have been agreed to by a majority of members of 
the Commission. 
(3) TEMPORARY ADJOURNMENT.— 
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