consult with, and give due consideration to the views of, 
the Attorney General. 
SEC. 206. LEASE TERMS AND CONDITIONS. 
(a) IN GENERAL.—An oil or gas lease issued pursu-
ant to this Act 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; 
(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; 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
(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 Act 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 les-
see, 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 3(a)(2); 
(7) provide that the lessee, its agents, and its 
contractors use best efforts to provide a fair share, 
as determined by the level of obligation previously 
agreed to in the 1974 agreement implementing sec-
tion 29 of the Federal Agreement and Grant of 
Right of Way for the Operation of the Trans-Alaska 
Pipeline, of employment and contracting for Alaska 
Natives and Alaska Native Corporations from 
throughout the State; 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
(8) prohibit the export of oil produced under 
the lease; and 
(9) contain such other provisions as the Sec-
retary determines necessary to ensure compliance 
with the provisions of this Act and the regulations 
issued under this Act. 
(b) PROJECT LABOR AGREEMENTS.—The Secretary, 
as a term and condition of each lease under this Act and 
in recognizing the Government’s proprietary interest in 
labor stability and in the ability of construction labor and 
management to meet the particular needs and conditions 
of projects to be developed under the leases issued pursu-
ant to this Act and the special concerns of the parties to 
such leases, shall require that the lessee and its agents 
and contractors negotiate to obtain a project labor agree-
ment for the employment of laborers and mechanics on 
production, maintenance, and construction under the 
lease. 
SEC. 207. 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 3, administer the provisions of this Act through 
regulations, lease terms, conditions, restrictions, prohibi-
tions, stipulations, and other provisions that— 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
(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. 
(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 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
(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 Act, the Secretary shall 
prepare and promulgate regulations, lease terms, condi-
tions, restrictions, prohibitions, stipulations, and other 
measures designed to ensure that the activities undertaken 
on the Coastal Plain under this Act are conducted in a 
manner consistent with the purposes and environmental 
requirements of this Act. 
(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 Act shall require compliance with all applicable 
provisions of Federal and State environmental law, and 
shall also require the following: 
(1) Standards at least as effective as the safety 
and environmental mitigation measures set forth in 
items 1 through 29 at pages 167 through 169 of the 
‘‘Final Legislative Environmental Impact State-
ment’’ (April 1987) on the Coastal Plain. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
(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 
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. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
(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 Act, requiring the removal from the Coastal 
Plain of all oil and gas development and production 
facilities, structures, and equipment upon completion 
of oil and gas production operations, except that the 
Secretary may exempt from the requirements of this 
paragraph those facilities, structures, or equipment 
that the Secretary determines would assist in the 
management of the Arctic National Wildlife Refuge 
and that are donated to the United States for that 
purpose. 
(7) Appropriate prohibitions or restrictions on 
access by all modes of transportation. 
(8) Appropriate prohibitions or restrictions on 
sand and gravel extraction. 
(9) Consolidation of facility siting. 
(10) Appropriate prohibitions or restrictions on 
use of explosives. 
(11) Avoidance, to the extent practicable, of 
springs, streams, and river system; the protection of 
natural surface drainage patterns, wetlands, and ri-
parian habitats; and the regulation of methods or 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
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. 
(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. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
(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 
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.— 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
(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. 
(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 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
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. 208. EXPEDITED JUDICIAL REVIEW. 
(a) FILING OF COMPLAINT.— 
(1) DEADLINE.—Subject to paragraph (2), any 
complaint seeking judicial review of any provision of 
this Act or any action of the Secretary under this 
Act shall be filed— 
(A) except as provided in subparagraph 
(B), within the 90-day period beginning on the 
date of the action being challenged; or 
(B) in the case of a complaint based solely 
on grounds arising after such period, within 90 
days after the complainant knew or reasonably 
should have known of the grounds for the com-
plaint. 
(2) VENUE.—Any complaint seeking judicial re-
view of any provision of this Act or any action of the 
Secretary under this Act may be filed only in the 
United States Court of Appeals for the District of 
Columbia. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
100 
(3) LIMITATION
ON
SCOPE
OF
CERTAIN
RE-
VIEW.—Judicial review of a Secretarial decision to 
conduct a lease sale under this Act, including the en-
vironmental analysis thereof, shall be limited to 
whether the Secretary has complied with the terms 
of this Act and shall be based upon the administra-
tive record of that decision. The Secretary’s identi-
fication of a preferred course of action to enable 
leasing to proceed and the Secretary’s analysis of 
environmental effects under this Act shall be pre-
sumed to be correct unless shown otherwise by clear 
and convincing evidence to the contrary. 
(b) LIMITATION ON OTHER REVIEW.—Actions of the 
Secretary with respect to which review could have been 
obtained under this section shall not be subject to judicial 
review in any civil or criminal proceeding for enforcement. 
SEC. 209. 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 Act— 
(1) 50 percent shall be paid to the State of 
Alaska; and 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
101 
(2) except as provided in section 12(d), the bal-
ance shall be transferred to the American Energy 
Trust Fund established by this Act. 
(b) PAYMENTS TO ALASKA.—Payments to the State 
of Alaska under this section shall be made semiannually. 
SEC. 210. 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 
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 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
102 
sited or designed so as to avoid unnecessary duplication 
of roads and pipelines. 
(c) REGULATIONS.—The Secretary shall include in 
regulations under section 3(g) provisions granting rights- 
of-way and easements described in subsection (a) of this 
section. 
SEC. 211. 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 
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 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
103 
(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. 212. 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 Act. 
(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 Act, as deter-
mined by the Secretary, shall be eligible for financial 
assistance under this section. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
104 
(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— 
(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 Resources 
of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the 
Senate an annual report on the status of co-
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
105 
ordination between developers and the commu-
nities 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. 
(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. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
106 
(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 Act. 
(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 author-
ized to be appropriated to the Secretary from the Coastal 
Plain Local Government Impact Aid Assistance Fund 
$5,000,000 for each fiscal year. 
TITLE III—OIL SHALE AND TAR 
SANDS 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Oil Shale Opportunity 
Act of 2008’’. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
107 
SEC. 302. REPEAL OF LIMITATION ON USE OF FUNDS FOR 
REGULATIONS REGARDING A COMMERCIAL 
LEASING PROGRAM FOR OIL SHALE RE-
SOURCES ON PUBLIC LANDS. 
Section 433 of the Department of the Interior, Envi-
ronment, and Related Agencies Appropriations Act, 2008 
(Division F of Public Law 110–161; 121 Stat. 2152) is 
repealed. 
SEC. 303. PERMANENT FUNDING FOR PILT AND REFUGE 
REVENUE SHARING. 
(a) PAYMENTS IN LIEU OF TAXES.—Section 6906 of 
title 31, United States Code, is amended to read as fol-
lows: 
‘‘SEC. 6906. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated out of the 
American Energy Trust Fund created by this Act such 
sums as may be necessary to the Secretary of the Interior 
to carry out this chapter. Beginning in fiscal year 2013 
and each fiscal year thereafter, amounts authorized under 
this chapter shall be made available to the Secretary of 
the Interior without further appropriation, for obligation 
or expenditure in accordance with this chapter.’’. 
(b) REFUGE REVENUE SHARING.—Section 401(d) of 
the Act of June 15, 1935 (16 U.S.C. 715s(d)), relating 
to refuge revenue sharing, is amended by adding at the 
end the following: ‘‘Beginning in fiscal year 2012 and each 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
108 
fiscal year thereafter, such amounts shall be made avail-
able to the Secretary without further appropriation, out 
of the American Energy Trust Fund created by this Act, 
as may be necessary to carry out this chapter, for obliga-
tion or expenditure in accordance with this section.’’. 
SEC. 304. REAUTHORIZATION OF THE SECURE RURAL 
SCHOOLS 
AND 
COMMUNITY 
SELF-DETER-
MINATION ACT OF 2000. 
The Secure Rural Schools and Community Self-De-
termination Act of 2000 (Public Law 106–393; 16 U.S.C. 
500 note) is amended— 
(1) in sections 208 and 303, by striking ‘‘2013’’ 
both places it appears and inserting ‘‘2018’’; and 
(2) in sections 101(a), 102(b)(2), 103(b)(1), 
203(a)(1), 207(a), 208, 303, and 401, by striking 
‘‘2006’’ each place it appears and inserting ‘‘2018’’. 
SEC. 305. OIL SHALE AND TAR SANDS AMENDMENTS. 
(a) REPEAL OF REQUIREMENT TO ESTABLISH PAY-
MENTS.—Section 369(o) of the Energy Policy Act of 2005 
(Public Law 109–58; 119 Stat. 728; 42 U.S.C. 15927) 
is repealed. 
(b) TREATMENT OF REVENUES.—Section 21 of the 
Mineral Leasing Act (30 U.S.C. 241) is amended by add-
ing at the end the following: 
‘‘(e) REVENUES.— 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
109 
‘‘(1) IN GENERAL.—Notwithstanding the provi-
sions of section 35, all revenues received from and 
under an oil shale or tar sands lease shall be dis-
posed of as provided in this subsection. 
‘‘(2) 
ROYALTY
RATES
FOR
COMMERCIAL 
LEASES.— 
‘‘(A) ROYALTY
RATES.—The Secretary 
shall model the royalty schedule for oil shale 
and tar sands leases based on the royalty pro-
gram currently in effect for the production of 
synthetic crude oil from oil sands in the Prov-
ince of Alberta, Canada. 
‘‘(B) REDUCTION.—The Secretary shall re-
duce any royalty otherwise required to be paid 
under subparagraph (A) under any oil shale or 
tar sands lease on a sliding scale based upon 
market price, with a 10 percent reduction if the 
average futures price of NYMEX Light Sweet 
Crude, or a similar index, drops, for the pre-
vious quarter year, below $50 (in January 1, 
2008, dollars), and an 80 percent reduction if 
the average price drops below $30 (in January 
1, 2008, dollars) for the quarter previous to the 
one in which the production is sold. 
‘‘(3) DISPOSITION OF REVENUES.— 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
110 
‘‘(A) DEPOSIT.—The Secretary shall de-
posit into a separate account in the Treasury 
all revenues derived from any oil shale or tar 
sands lease. 
‘‘(B) ALLOCATIONS TO STATES AND LOCAL 
POLITICAL SUBDIVISIONS.—The Secretary shall 
allocate 50 percent of the revenues deposited 
into the account established under subpara-
graph (A) to the State within the boundaries of 
which the leased lands are located, with a por-
tion of that to be paid directly by the Secretary 
to the State’s local political subdivisions as pro-
vided in this paragraph. 
‘‘(C) TRANSMISSION OF ALLOCATIONS.— 
‘‘(i) IN GENERAL.—Not later than the 
last business day of the month after the 
month in which the revenues were received, 
the Secretary shall transmit— 
‘‘(I) to each State two-thirds of 
such State’s allocations under sub-
paragraph (B), and in accordance 
with clauses (ii) and (iii) to certain 
county-equivalent and municipal polit-
ical subdivisions of such State a total 
of one-third of such States allocations 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
111 
under subparagraph (B), together 
with all accrued interest thereon; and 
‘‘(II) the remaining balance of 
such revenues shall be deposited into 
the American Energy Trust Fund cre-
ated by this Act. 
‘‘(ii) 
ALLOCATIONS
TO
CERTAIN 
COUNTY-EQUIVALENT POLITICAL SUBDIVI-
SIONS.—The Secretary shall under clause 
(i)(I) make equitable allocations of the rev-
enues to county-equivalent political sub-
divisions that the Secretary determines are 
closely associated with the leasing and pro-
duction of oil shale and tar sands, under a 
formula that the Secretary shall determine 
by regulation. 
‘‘(iii) ALLOCATIONS
TO
MUNICIPAL 
POLITICAL SUBDIVISIONS.—The initial al-
location to each county-equivalent political 
subdivision under clause (ii) shall be fur-
ther allocated to the county-equivalent po-
litical subdivision and any municipal polit-
ical subdivisions located partially or wholly 
within the boundaries of the county-equiva-
lent political subdivision on an equitable 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
112 
basis under a formula that the Secretary 
shall determine by regulation. 
‘‘(D) INVESTMENT OF DEPOSITS.—The de-
posits in the Treasury account established 
under this section shall be invested by the Sec-
retary of the Treasury in securities backed by 
the full faith and credit of the United States 
having maturities suitable to the needs of the 
account and yielding the highest reasonably 
available interest rates as determined by the 
Secretary of the Treasury. 
‘‘(E) USE
OF
FUNDS.—A recipient of 
funds under this subsection may use the funds 
for any lawful purpose as determined by State 
law. Funds allocated under this subsection to 
States and local political subdivisions may be 
used as matching funds for other Federal pro-
grams without limitation. Funds allocated to 
local political subdivisions under this subsection 
may not be used in calculation of payments to 
such local political subdivisions under programs 
for payments in lieu of taxes or other similar 
programs. 
‘‘(F) NO ACCOUNTING REQUIRED.—No re-
cipient of funds under this subsection shall be 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
113 
required to account to the Federal Government 
for the expenditure of such funds, except as 
otherwise may be required by law. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) 
COUNTY-EQUIVALENT
POLITICAL 
SUBDIVISION.—The term ‘county-equivalent po-
litical subdivision’ means a political jurisdiction 
immediately below the level of State govern-
ment, including a county, parish, borough in 
Alaska, independent municipality not part of a 
county, parish, or borough in Alaska, or other 
equivalent subdivision of a State. 
‘‘(B) 
MUNICIPAL
POLITICAL
SUBDIVI-
SION.—The term ‘municipal political subdivi-
sion’ means a municipality located within and 
part of a county, parish, borough in Alaska, or 
other equivalent subdivision of a State.’’. 
SEC. 306. REPEAL. 
Section 526 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17142) is repealed. 
TITLE IV—COAL 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Coal Liquid Fuel 
Act’’. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
114 
SEC. 402. STANDBY LOANS FOR QUALIFYING COAL-TO-LIQ-
UIDS PROJECTS. 
Section 1702 of the Energy Policy Act of 2005 (42 
U.S.C. 16512) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(k) STANDBY
LOANS
FOR
QUALIFYING
CTL 
PROJECTS.— 
‘‘(1) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) CAP
PRICE.—The term ‘cap price’ 
means a market price specified in the standby 
loan agreement above which the project is re-
quired to make payments to the United States. 
‘‘(B) FULL TERM.—The term ‘full term’ 
means the full term of a standby loan agree-
ment, as specified in the agreement, which shall 
not exceed the lesser of 30 years or 90 percent 
of the projected useful life of the project (as de-
termined by the Secretary). 
‘‘(C) MARKET PRICE.—The term ‘market 
price’ means the average quarterly price of a 
petroleum price index specified in the standby 
loan agreement. 
‘‘(D) MINIMUM
PRICE.—The term ‘min-
imum price’ means a market price specified in 
the standby loan agreement below which the 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
115 
United States is obligated to make disburse-
ments to the project. 
‘‘(E) OUTPUT.—The term ‘output’ means 
some or all of the liquid or gaseous transpor-
tation fuels produced from the project, as speci-
fied in the loan agreement. 
‘‘(F) PRIMARY TERM.—The term ‘primary 
term’ means the initial term of a standby loan 
agreement, as specified in the agreement, which 
shall not exceed the lesser of 20 years or 75 
percent of the projected useful life of the 
project (as determined by the Secretary). 
‘‘(G) QUALIFYING
CTL
PROJECT.—The 
term ‘qualifying CTL project’ means— 
‘‘(i) a commercial-scale project that 
converts coal to one or more liquid or gas-
eous transportation fuels; or 
‘‘(ii) not more than one project at a 
facility that converts petroleum refinery 
waste products, including petroleum coke, 
into one or more liquids or gaseous trans-
portation fuels, 
that demonstrates the capture, and sequestra-
tion or disposal or use of, the carbon dioxide 
produced in the conversion process, and that, 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
116 
on the basis of a carbon dioxide sequestration 
plan prepared by the applicant, is certified by 
the Administrator of the Environmental Protec-
tion Agency, in consultation with the Secretary, 
as producing fuel with life cycle carbon dioxide 
emissions at or below the average life cycle car-
bon dioxide emissions for the same type of fuel 
produced at traditional petroleum based facili-
ties with similar annual capacities. 
‘‘(H) STANDBY
LOAN
AGREEMENT.—The 
term ‘standby loan agreement’ means a loan 
agreement entered into under paragraph (2). 
‘‘(2) STANDBY LOANS.— 
‘‘(A) LOAN
AUTHORITY.—The Secretary 
may enter into standby loan agreements with 
not more than six qualifying CTL projects, at 
least one of which shall be a project jointly or 
in part owned by two or more small coal pro-
ducers. Such an agreement— 
‘‘(i) shall provide that the Secretary 
will make a direct loan (within the mean-
ing of section 502(1) of the Federal Credit 
Reform Act of 1990) to the qualifying 
CTL project; and 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
117 
‘‘(ii) shall set a cap price and a min-
imum price for the primary term of the 
agreement. 
‘‘(B) LOAN DISBURSEMENTS.—Such a loan 
shall be disbursed during the primary term of 
such agreement whenever the market price falls 
below the minimum price. The amount of such 
disbursements in any calendar quarter shall be 
equal to the excess of the minimum price over 
the market price, times the output of the 
project (but not more than a total level of dis-
bursements specified in the agreement). 
‘‘(C) LOAN REPAYMENTS.—The Secretary 
shall establish terms and conditions, including 
interest rates and amortization schedules, for 
the repayment of such loan within the full term 
of the agreement, subject to the following limi-
tations: 
‘‘(i) If in any calendar quarter during 
the primary term of the agreement the 
market price is less than the cap price, the 
project may elect to defer some or all of its 
repayment obligations due in that quarter. 
Any unpaid obligations will continue to ac-
crue interest. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
118 
‘‘(ii) If in any calendar quarter during 
the primary term of the agreement the 
market price is greater than the cap price, 
the project shall meet its scheduled repay-
ment obligation plus deferred repayment 
obligations, but shall not be required to 
pay in that quarter an amount that is 
more than the excess of the market price 
over the cap price, times the output of the 
project. 
‘‘(iii) At the end of the primary term 
of the agreement, the cumulative amount 
of any deferred repayment obligations, to-
gether with accrued interest, shall be am-
ortized (with interest) over the remainder 
of the full term of the agreement. 
‘‘(3) PROFIT-SHARING.—The Secretary is au-
thorized to enter into a profit-sharing agreement 
with the project at the time the standby loan agree-
ment is executed. Under such an agreement, if the 
market price exceeds the cap price in a calendar 
quarter, a profit-sharing payment shall be made for 
that quarter, in an amount equal to— 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
119 
‘‘(A) the excess of the market price over 
the cap price, times the output of the project; 
less 
‘‘(B) any loan repayments made for the 
calendar quarter. 
‘‘(4) COMPLIANCE WITH FEDERAL CREDIT RE-
FORM ACT.— 
‘‘(A) UPFRONT
PAYMENT
OF
COST
OF 
LOAN.—No standby loan agreement may be en-
tered into under this subsection unless the 
project makes a payment to the United States 
that the Office of Management and Budget de-
termines is equal to the cost of such loan (de-
termined under 502(5)(B) of the Federal Credit 
Reform Act of 1990). Such payment shall be 
made at the time the standby loan agreement is 
executed. 
‘‘(B) MINIMIZATION OF RISK TO THE GOV-
ERNMENT.—In making the determination of the 
cost of the loan for purposes of setting the pay-
ment for a standby loan under subparagraph 
(A), the Secretary and the Office of Manage-
ment and Budget shall take into consideration 
the extent to which the minimum price and the 
cap price reflect historical patterns of volatility 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
120 
in actual oil prices relative to projections of fu-
ture oil prices, based upon publicly available 
data from the Energy Information Administra-
tion, and employing statistical methods and 
analyses that are appropriate for the analysis of 
volatility in energy prices. 
‘‘(C) TREATMENT
OF
PAYMENTS.—The 
value to the United States of a payment under 
subparagraph (A) and any profit-sharing pay-
ments under paragraph (3) shall be taken into 
account for purposes of section 502(5)(B)(iii) of 
the Federal Credit Reform Act of 1990 in de-
termining the cost to the Federal Government 
of a standby loan made under this subsection. 
If a standby loan has no cost to the Federal 
Government, the requirements of section 504(b) 
of such Act shall be deemed to be satisfied. 
‘‘(5) OTHER PROVISIONS.— 
‘‘(A) NO DOUBLE BENEFIT.—A project re-
ceiving a loan under this subsection may not, 
during the primary term of the loan agreement, 
receive a Federal loan guarantee under sub-
section (a) of this section, or under other laws. 
‘‘(B) 
SUBROGATION, 
ETC.—Subsections 
(g)(2) (relating to subrogation), (h) (relating to 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
121 
fees), and (j) (relating to full faith and credit) 
shall apply to standby loans under this sub-
section to the same extent they apply to loan 
guarantees.’’. 
SEC. 403. GOVERNMENT AUCTION OF LONG TERM PUT OP-
TION CONTRACTS ON COAL-TO-LIQUID FUEL 
PRODUCED BY QUALIFIED COAL-TO-LIQUID 
FACILITIES. 
(a) IN GENERAL.—The Secretary shall, from time to 
time, auction to the public coal-to-liquid fuel put option 
contracts having expiration dates of 5 years, 10 years, 15 
years, or 20 years. 
(b) CONSULTATION
WITH
SECRETARY
OF
EN-
ERGY.—The Secretary shall consult with the Secretary of 
Energy regarding— 
(1) the frequency of the auctions; 
(2) the strike prices specified in the contracts; 
(3) the number of contracts to be auctioned 
with a given strike price and expiration date; and 
(4) the capacity of existing or planned facilities 
to produce coal-to-liquid fuel. 
(c) DEFINITIONS.—In this section: 
(1) COAL-TO-LIQUID FUEL.—The term ‘‘coal-to- 
liquid fuel’’ means any transportation-grade liquid 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
122 
fuel derived primarily from coal (including peat) and 
produced at a qualified coal-to-liquid facility. 
(2) COAL-TO-LIQUID PUT OPTION CONTRACT.— 
The term ‘‘coal-to-liquid put option contract’’ means 
a contract, written by the Secretary, which— 
(A) gives the holder the right (but not the 
obligation) to sell to the Government of the 
United States a certain quantity of a specific 
type of coal-to-liquid fuel produced by a quali-
fied coal-to-liquid facility specified in the con-
tract, at a strike price specified in the contract, 
on or before an expiration date specified in the 
contract; and 
(B) is transferable by the holder to any 
other entity. 
(3) 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). 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
123 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(5) STRIKE PRICE.—The term ‘‘strike price’’ 
means, with respect to a put option contract, the 
price at which the holder of the contract has the 
right to sell the fuel which is the subject of the con-
tract. 
(d) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out this 
section. 
(e) EFFECTIVE DATE.—This section shall take effect 
1 year after the date of the enactment of this Act. 
TITLE V—NUCLEAR 
SEC. 501. USE OF FUNDS FOR RECYCLING. 
Section 302 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222) is amended— 
(1) in subsection (d), by striking ‘‘The Sec-
retary may’’ and inserting ‘‘Except as provided in 
subsection (f), the Secretary may’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) RECYCLING.— 
‘‘(1) IN
GENERAL.—Amounts in the Waste 
Fund may be used by the Secretary of Energy to 
make grants to or enter into long-term contracts 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
124 
with private sector entities for the recycling of spent 
nuclear fuel. 
‘‘(2) COMPETITIVE
SELECTION.—Grants and 
contracts authorized under paragraph (1) shall be 
awarded on the basis of a competitive bidding proc-
ess that— 
‘‘(A) maximizes the competitive efficiency 
of the projects funded; 
‘‘(B) best serves the goal of reducing the 
amount of waste requiring disposal under this 
Act; and 
‘‘(C) ensures adequate protection against 
the proliferation of nuclear materials that could 
be used in the manufacture of nuclear weap-
ons.’’. 
SEC. 502. RULEMAKING FOR LICENSING OF SPENT NU-
CLEAR FUEL RECYCLING FACILITIES. 
(a) REQUIREMENT.—The Nuclear Regulatory Com-
mission shall, as expeditiously as possible, but in no event 
later than 2 years after the date of enactment of this Act, 
complete a rulemaking establishing a process for the li-
censing by the Nuclear Regulatory Commission, under the 
Atomic Energy Act of 1954, of facilities for the recycling 
of spent nuclear fuel. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
125 
(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 subsection (a) of this section. 
SEC. 503. NUCLEAR WASTE FUND BUDGET STATUS. 
Section 302(e) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10222(e)) is amended by adding at the 
end the following new paragraph: 
‘‘(7) The receipts and disbursements of the 
Waste Fund shall not be counted as new budget au-
thority, outlays, receipts, or deficits or surplus for 
purposes of— 
‘‘(A) the budget of the United States Gov-
ernment as submitted by the President; 
‘‘(B) the congressional budget; or 
‘‘(C) the Balanced Budget and Emergency 
Deficit Control Act of 1985.’’. 
SEC. 504. WASTE CONFIDENCE. 
The Nuclear Regulatory Commission may not deny 
an application for a license, permit, or other authorization 
under the Atomic Energy Act of 1954 on the grounds that 
sufficient capacity does not exist, or will not become avail-
able on a timely basis, for disposal of spent nuclear fuel 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
126 
or high-level radioactive waste from the facility for which 
the license, permit, or other authorization is sought. 
SEC. 505. ASME NUCLEAR CERTIFICATION CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 (relating to business related cred-
its) is amended by adding at the end the following new 
section: 
‘‘SEC. 45O. ASME NUCLEAR CERTIFICATION CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
ASME Nuclear Certification credit determined under this 
section for any taxable year is an amount equal to 15 per-
cent of the qualified nuclear expenditures paid or incurred 
by the taxpayer. 
‘‘(b) QUALIFIED NUCLEAR EXPENDITURES.—For 
purposes of this section, the term ‘qualified nuclear ex-
penditures’ means any expenditure related to— 
‘‘(1) obtaining a certification under the Amer-
ican Society of Mechanical Engineers Nuclear Com-
ponent Certification program, or 
‘‘(2) increasing the taxpayer’s capacity to con-
struct, fabricate, assemble, or install components— 
‘‘(A) for any facility which uses nuclear en-
ergy to produce electricity, and 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
127 
‘‘(B) with respect to the construction, fab-
rication, assembly, or installation of which the 
taxpayer is certified under such program. 
‘‘(c) TIMING OF CREDIT.—The credit allowed under 
subsection (a) for any expenditures shall be allowed— 
‘‘(1) in the case of a qualified nuclear expendi-
ture described in subsection (b)(1), for the taxable 
year of such certification, and 
‘‘(2) in the case of any other qualified nuclear 
expenditure, for the taxable year in which such ex-
penditure is paid or incurred. 
‘‘(d) SPECIAL RULES.— 
‘‘(1) BASIS
ADJUSTMENT.—For purposes of 
this subtitle, if a credit is allowed under this section 
for an expenditure, the increase in basis which would 
result (but for this subsection) for such expenditure 
shall be reduced by the amount of the credit allowed 
under this section. 
‘‘(2) DENIAL OF DOUBLE BENEFIT.—No deduc-
tion shall be allowed under this chapter for any 
amount taken into account in determining the credit 
under this section. 
‘‘(e) TERMINATION.—This section shall not apply to 
any expenditures paid or incurred in taxable years begin-
ning after December 31, 2019.’’. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
129 
‘‘SEC. 9511. AMERICAN 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 Energy Trust Fund’, 
consisting of such amounts as may be appropriated or 
credited to the American Energy Trust Fund as provided 
in this section. 
‘‘(b) TRANSFERS TO TRUST FUND.—There are here-
by appropriated to the American Energy Trust Fund all 
revenues generated by titles I, II, and III of the Americans 
for American Energy Act of 2008 not reserved for other 
purposes. 
‘‘(c) EXPENDITURES FROM AMERICAN-MADE EN-
ERGY TRUST FUND.— 
‘‘(1) IN GENERAL.—As provided by appropria-
tion Acts, amounts in the American Energy Trust 
Fund shall be available for transfer to the general 
fund of the Treasury to offset any reduction in rev-
enue to the United States that results from any pro-
vision of the Americans for American Energy Act of 
2008. 
‘‘(2) FUNDING FOR RENEWABLE ENERGY PRO-
VISIONS IN THE ENERGY POLICY ACT OF 2005.— 
Amounts in the American Energy Trust fund shall 
be available without further appropriation to carry 
out specified provisions of the Energy Policy Act of 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
130 
2005 (Public Law 109–58; in this section referred to 
as ‘EPAct2005’), as follows: 
‘‘(A) Section 210. 
‘‘(B) Section 242. 
‘‘(C) Section 369. 
‘‘(D) Section 401. 
‘‘(E) Section 812. 
‘‘(F) Section 931. 
‘‘(G) Section 942. 
‘‘(H) Section 968. 
‘‘(I) Title XVII. 
‘‘(3) FUNDING
FOR
PROVISIONS
OF
ENERGY 
INDEPENDENCE
AND
SECURITY
ACT
OF
2007.— 
Amounts in the American Energy Trust Fund shall 
be available without further appropriation to carry 
out specified provisions of the Energy Independence 
and Security Act of 2007 (Public Law 110–140; in 
this section referred to as ‘EISAct2007’), as follows: 
‘‘(A) Section 207. 
‘‘(B) Section 607. 
‘‘(C) Subtitle B. 
‘‘(D) Subtitle C. 
‘‘(E) Section 641. 
‘‘(F) Subtitle A. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
133 
‘‘(7) FUNDING LIMITATION.—Funds distributed 
in paragraph (6) shall not exceed maximum author-
ization levels for individual programs. Excess funds 
above authorized levels, with exception of paragraph 
(6)(S), shall be deposited in the general treasury. 
‘‘(8) MAXIMUM
TIME
LIMITATION.—Notwith-
standing paragraph (1), funding allocations made 
available by this Act shall require reauthorization at 
the end of fiscal year 2018 in order to evaluate ad-
vances in technology and national priorities. 
‘‘(9) REPORT TO CONGRESS.—Any certification 
made under paragraph (1) shall be made in a writ-
ten report to the Congress and shall include the rel-
evant estimates of the Secretary of future transfers, 
appropriations, and credits.’’. 
(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 Energy Trust Fund.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply after the date of the enactment 
of this Act. 
SEC. 602. DEVELOPING SOLAR ENERGY ON FEDERAL 
LANDS. 
(a) IN GENERAL.—The Secretary of the Interior shall 
carry out in accordance with this section a program for 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
134 
the leasing of Federal lands for the advancement, develop-
ment, assessment, installation, and operation of commer-
cial photovoltaic and concentrating solar power energy sys-
tems. 
(b) IDENTIFICATION OF LANDS FOR LEASING.— 
(1) LANDS SELECTION.—The Secretary of the 
Interior, acting through the Director of the Bureau 
of Land Management and in consultation with the 
Secretary of Energy, shall— 
(A) identify lease sites comprising a total 
of 6,400,000 acres of Federal lands under the 
jurisdiction of the Bureau of Land Management 
in the States of Arizona, California, New Mex-
ico, Nevada, and Utah, that are suitable and 
feasible for the installation and operation of 
photovoltaic and concentrating solar power en-
ergy systems, subject to valid existing rights; 
and 
(B) incorporate solar energy development 
into the relevant agency land use and resource 
management plans or equivalent plans for the 
lands identified under subparagraph (A). 
(2) MINIMUM
AND
MAXIMUM
ACREAGE
OF 
SITES.—Each individual lease site identified under 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
135 
paragraph (1)(A) shall be a minimum of 1280 acres 
and shall not exceed 12,800 acres. 
(3) LANDS RELEASED FOR LEASING.—The Sec-
retary shall release for leasing under this section 
lease sites identified under paragraph (1), in acre-
ages that meet the following annual milestones: 
(A) By 2010, 79,012 acres. 
(B) By 2011, 316,049 acres. 
(C) By 2012, 711,111 acres. 
(D) By 2013, 1,300,000 acres. 
(E) By 2014, 2,000,000 acres. 
(F) By 2015, 2,800,000 acres. 
(G) By 2016, 3,700,000 acres. 
(H) By 2017, 4,650,000 acres. 
(I) By 2018, 5,800,000 acres. 
(J) By 2019, 6,400,000 acres. 
(4) LANDS
NOT
INCLUDED.—The following 
Federal lands shall not be included within a solar 
lands leasing program: 
(A) Components of the National Land-
scape Conservation System. 
(B) Wilderness and Wilderness Study 
Areas. 
(C) Wild and Scenic Rivers. 
(D) National Scenic and Historic Trails. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
136 
(E) Monuments. 
(F) Resource Natural Areas. 
(c) COMPETITIVE
LEASE
SALE
REQUIREMENTS 
LEASING PROCEDURES.— 
(1) NOMINATIONS.—The Secretary shall accept 
at any time nominations of land identified under 
subsection (b) for leasing under this Act, from any 
qualified person. 
(2) COMPETITIVE LEASE SALE REQUIRED.— 
(A) IN
GENERAL.—Except as otherwise 
specifically provided by this Act, all land to be 
leased under this Act that is not subject to leas-
ing under paragraph (3) shall be leased to the 
highest responsible qualified bidder, as deter-
mined by the Secretary. 
(B) ANNUAL SALES REQUIRED.—The Sec-
retary shall hold a competitive lease sale under 
this Act at least once every year for land in a 
State with respect to which there is a nomina-
tion pending under paragraph (1) of land other-
wise available for leasing. 
(3) NONCOMPETITIVE LEASING.—The Secretary 
shall make available for a period of 2 years for non-
competitive leasing any tract for which a competitive 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
137 
lease sale is held under paragraph (2), but for which 
the Secretary does not receive any bids in such sale. 
(4) PENDING
LEASE
APPLICATIONS.—It shall 
be a priority for the Secretary to ensure timely com-
pletion of administrative actions and process applica-
tions for leasing of Federal lands described in sub-
section (b)(1)(A) for installation and operation of 
photovoltaic and concentrating solar power energy 
systems, that are pending on the date of enactment 
of this subsection. 
(d) LEASING TIME PERIOD.—Any lease of lands 
under this section shall be effective for a period of 30 
years, with an option to renew once for an additional pe-
riod of 30 years. 
(e) RESERVATION OF ROYALTY.— 
(1) IN GENERAL.—Production of solar energy 
under a lease under this section shall be subject to 
a royalty described in paragraph (2), which shall be 
assessed and collected by the Secretary of the Inte-
rior, acting through the Minerals Management Serv-
ice. The leaseholder shall be liable for payment of 
such royalty. 
(2) ROYALTY FOR PROJECTS UNDER THE FED-
ERAL SOLAR LANDS LEASING PROGRAM.—The roy-
alty under paragraph (1) shall be— 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
138 
(A) 0.25 percent per kw/h on energy pro-
duced under the lease in years 1 through 5 of 
the lease; 
(B) 0.5 percent per kw/h on energy pro-
duced under the lease in years 5 through 15 of 
the lease; 
(C) 1 percent per kw/h on energy produced 
under the lease in years 15 through 30 of the 
lease; and 
(D) 1 percent per kw/h on energy produced 
under the lease after year 30. 
(3) REVENUE
SHARING.—Of the amount re-
ceived by the United States as royalty under this 
subsection for a leased tract— 
(A) one-third shall be paid to the State in 
which the lands are located; 
(B) one-third shall be paid to the county in 
which the lands are located; and 
(C) one-third shall be deposited into the 
American Energy Trust fund created by this 
title. 
(f) DUTIES OF LEASEHOLDERS.— 
(1) PAYMENT OF ROYALTY.—A person who is 
required to make any royalty payment under this 
section shall make such payments to the United 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
139 
States at such times and in such manner as the Sec-
retary may by rule prescribe. 
(2) JOINT
AND
SEVERABLE
LIABILITY.—Any 
person liable for royalty payments under this section 
who assigns any payment obligation shall remain 
jointly and severally liable for all royalty payments 
due for the claim for the period. 
(3) AFFIRMATION
OF
PAYMENT
RESPONSI-
BILITY.—Any person paying royalties under this sec-
tion shall file a written instrument, together with the 
first royalty payment, affirming that such person is 
responsible for making proper payments for all 
amounts due for all time periods for which such per-
son has a payment responsibility. Such responsibility 
for the periods referred to in the preceding sentence 
shall include any and all additional amounts billed 
by the Secretary and determined to be due by final 
agency or judicial action. 
(4) RECORDKEEPING.—Records required by the 
Secretary under this section shall be maintained for 
7 years after release of financial assurance unless 
the Secretary notifies the leaseholder that the Sec-
retary has initiated an audit or investigation involv-
ing such records and that such records must be 
maintained for a longer period. In any case when an 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
140 
audit or investigation is underway, records shall be 
maintained until the Secretary releases the operator 
of the obligation to maintain such records. 
(5) AUDITS.—The Secretary may conduct such 
audits of all leaseholders directly or indirectly in-
volved in the production of solar energy on lands 
leased under this section as the Secretary considers 
necessary for the purposes of ensuring compliance 
with the requirements of this section. For purposes 
of performing such audits, the Secretary shall, at 
reasonable times and upon request, have access to, 
and may copy, all books, papers, and other docu-
ments that relate to compliance with any provision 
of this section by any person. 
(6) PROVISION
OF
PROTECTED
INFORMA-
TION.—Trade secrets, proprietary, and other con-
fidential information protected from disclosure under 
section 552 of title 5, United States Code, popularly 
known as the Freedom of Information Act, shall be 
made available by the Secretary to other Federal 
agencies as necessary to assure compliance with this 
Act and other Federal laws. 
(7) UNDERREPORTING.— 
(A) PENALTY.—If there is any under-
reporting of royalty owed on energy produced 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
141 
under a lease for any production month by any 
person liable for royalty payments under this 
section, the Secretary shall assess a penalty of 
not greater than 10 percent of the amount of 
that underreporting. 
(B) WAIVER
OR
REDUCTION
AUTHOR-
IZED.—The Secretary may waive or reduce a 
penalty assessed under this paragraph if the 
person liable for royalty payments under this 
section corrects the underreporting before the 
date such person receives notice from the Sec-
retary that an underreporting may have oc-
curred, or before 90 days after the date of the 
enactment of this section, whichever is later. 
(C) WAIVER
REQUIRED.—The Secretary 
shall waive any portion of an assessment under 
this paragraph attributable to that portion of 
the underreporting for which the person respon-
sible for paying the royalty demonstrates that— 
(i) such person had written authoriza-
tion from the Secretary to report royalty 
on the value of the production on basis on 
which it was reported; 
(ii) such person had substantial au-
thority for reporting royalty on the value 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
142 
of the production on the basis on which it 
was reported; 
(iii) such person previously had noti-
fied the Secretary, in such manner as the 
Secretary may by rule prescribe, of rel-
evant reasons or facts affecting the royalty 
treatment of specific production which led 
to the underreporting; or 
(iv) such person meets any other ex-
ception which the Secretary may, by rule, 
establish. 
(D) TREATMENT
AS
FEDERAL
SHARE.— 
Subsection (b)(4) shall not apply to penalties 
received by the United States under this para-
graph. 
(E) UNDERREPORTING DEFINED.—For the 
purposes of this subsection, the term ‘‘under-
reporting’’ means the difference between the 
royalty on the value of the production that 
should have been reported and the royalty on 
the value of the production that was reported, 
if the value that should have been reported is 
greater than the value that was reported. 
(g) 
PROGRAMMATIC
ENVIRONMENTAL
IMPACT 
STATEMENT.—Not later than 18 months after the date 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
143 
of enactment of this Act, in accordance with section 
102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)), the Secretary of the Inte-
rior shall complete a programmatic environmental impact 
statement for the solar leasing program under section 3. 
(h) FINAL REGULATION.—Not later than 6 months 
after the completion of the programmatic environmental 
impact statement under this section, the Secretary shall 
publish a final regulation implementing this section. 
(i) STUDY.—Not later than 2 years after the date of 
enactment of this Act, the Secretary of the Interior shall 
complete a study of— 
(1) Federal lands available for possible consid-
eration of leasing for a compressed air energy stor-
age system; 
(2) barriers to additional access to Federal 
lands for transmission of energy produced under 
leases awarded under the solar energy leasing pro-
gram under this Act; and 
(3) the need for energy transmission corridors 
on public lands to address identified congestion or 
constraints. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
144 
TITLE VII—PROMOTE GREATER 
ENERGY 
EFFICIENCY 
AND 
CONSERVATION 
SEC. 701. INCREASE AND EXTENSION OF ENERGY EFFI-
CIENT COMMERCIAL BUILDINGS DEDUCTION. 
(a) INCREASE IN AMOUNT OF DEDUCTION.—Section 
179D of the Internal Revenue Code of 1986 (relating to 
energy efficient commercial buildings deduction) is amend-
ed— 
(1) in subsection (b)(1)(A) by striking ‘‘$1.80’’ 
and inserting ‘‘$2.25’’, and 
(2) in subsection (d)(1)(A) by striking ‘‘$.60 
for $1.80’’ and inserting ‘‘$.75 for $2.25’’. 
(b) EXTENSION.—Subsection (h) of section 179D of 
such Code (relating to termination) is amended by striking 
‘‘December 31, 2008’’ and inserting ‘‘December 31, 
2013’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service in 
taxable years beginning after December 31, 2006. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
148 
SEC. 703. EXTENSION AND CLARIFICATION OF NEW EN-
ERGY EFFICIENT HOME CREDIT. 
(a) EXTENSION.—Subsection (g) of section 45L of 
the Internal Revenue Code of 1986 (relating to termi-
nation), as amended by section 205 of division A of the 
Tax Relief and Health Care Act of 2006, is amended by 
striking ‘‘December 31, 2008’’ and inserting ‘‘December 
31, 2013’’. 
(b) CLARIFICATION.— 
(1) IN
GENERAL.—Paragraph (1) of section 
45L(a) is amended by striking ‘‘and’’ at the end of 
subparagraph (A) and by striking subparagraph (B) 
and inserting the following: 
‘‘(B) acquired by a person from such eligi-
ble contractor, and 
‘‘(C) used by any person as a residence 
during the taxable year.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect as if included in 
section 1332 of the Energy Policy Act of 2005. 
SEC. 704. EXTENSION AND MODIFICATION OF DEDUCTION 
FOR 
ENERGY 
EFFICIENT 
COMMERCIAL 
BUILDINGS. 
(a) EXTENSION.—Subsection (h) of section 179D of 
the Internal Revenue Code of 1986 (relating to termi-
nation) is amended to read as follows: 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
149 
‘‘(h) TERMINATION.—This section shall not apply 
with respect to property— 
‘‘(1) which is certified under subsection (d)(6) 
after December 31, 2012, or 
‘‘(2) which is placed in service after December 
31, 2014. 
A provisional certification shall be treated as meeting the 
requirements of paragraph (1) if it is based on the build-
ing plans, subject to inspection and testing after installa-
tion.’’. 
(b) INCREASE IN MAXIMUM AMOUNT OF DEDUC-
TION.— 
(1) IN GENERAL.—Subparagraph (A) of section 
179D(b)(1) of such Code is amended by striking 
‘‘$1.80’’ and inserting ‘‘$2.25’’. 
(2) PARTIAL ALLOWANCE.—Paragraph (1) of 
section 179D(d) of such Code is amended— 
(A) by striking ‘‘$.60’’ and inserting 
‘‘$0.75’’, and 
(B) by striking ‘‘$1.80’’ and inserting 
‘‘$2.25’’. 
(c) MODIFICATIONS TO CERTAIN SPECIAL RULES.— 
(1) METHODS OF CALCULATING ENERGY SAV-
INGS.— 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
150 
(A) IN GENERAL.—Paragraph (2) of sec-
tion 179D(d) of such Code is amended— 
(i) by inserting ‘‘in detail’’ after 
‘‘based’’, 
(ii) by inserting ‘‘, except that the 
Secretary shall use Standard 90.1–2001 in 
lieu of the California title 24 energy stand-
ards and the tables contained therein and 
the Secretary may add requirements from 
Standard 90.1–2001 (or any successor 
standard)’’ before the period at the end, 
and 
(iii) by adding at the end the fol-
lowing new sentence: ‘‘The calculation 
methods contained in such regulations 
shall also provide for the calculation of ap-
propriate energy savings for design meth-
ods and technologies not otherwise credited 
in such manual or standard, including en-
ergy savings associated with natural ven-
tilation, evaporative cooling, automatic 
lighting controls (such as occupancy sen-
sors, photocells, and time clocks), day 
lighting, designs utilizing semi-conditioned 
spaces which maintain adequate comfort 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
151 
conditions without air conditioning or with-
out heating, improved fan system efficiency 
(including reductions in static pressure), 
advanced unloading mechanisms for me-
chanical cooling (such as multiple or vari-
able speed compressors), on-site generation 
of electricity (including combined heat and 
power systems, fuel cells, and renewable 
energy generation such as solar energy), 
and wiring with lower energy losses than 
wiring satisfying Standard 90.1–2001 re-
quirements for building power distribution 
systems.’’. 
(B) REQUIREMENTS FOR COMPUTER SOFT-
WARE
USED
IN
CALCULATING
ENERGY
AND 
POWER
CONSUMPTION
COSTS.—Paragraph 
(3)(B) of section 179D(d) of such Code is 
amended by striking ‘‘and’’ at the end of clause 
(ii), by striking the period at the end of clause 
(iii) and inserting ‘‘, and’’, and by adding at the 
end the following: 
‘‘(iv) which automatically— 
‘‘(I) generates the features, en-
ergy use, and energy and power con-
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
152 
sumption costs of a reference building 
which meets Standard 90.1–2001, 
‘‘(II) generates the features, en-
ergy use, and energy and power con-
sumption costs of a compliant build-
ing or system which reduces the an-
nual energy and power costs by 50 
percent compared to Standard 90.1– 
2001, and 
‘‘(III) compares such features, 
energy use, and consumption costs to 
the features, energy use, and con-
sumption costs of the building or sys-
tem with respect to which the calcula-
tion is being made.’’. 
(2) TARGETS
FOR
PARTIAL
ALLOWANCE
OF 
CREDIT.—Paragraph (1)(B) of section 179D(d) of 
such Code is amended— 
(A) by striking ‘‘The Secretary’’ and in-
serting the following: 
‘‘(i) IN
GENERAL.—The Secretary’’, 
and 
(B) by adding at the end the following: 
‘‘(i) ADDITIONAL
REQUIREMENTS.— 
For purposes of clause (i)— 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
153 
‘‘(I) the Secretary shall deter-
mine prescriptive criteria that can be 
modeled explicitly for reference build-
ings which meet the requirements of 
subsection 
(c)(1)(D) 
for 
different 
building types and regions, 
‘‘(II) a system may be certified 
as meeting the target under subpara-
graph (A)(ii) if the appropriate ref-
erence building either meets the re-
quirements of subsection (c)(1)(D) 
with such system rather than the 
comparable reference system (using 
the calculation under paragraph (2)) 
or meets the relevant prescriptive cri-
teria under subclause (I), and 
‘‘(III) the lighting system target 
shall be based on lighting power den-
sity, except that it shall allow lighting 
controls credits that trade off for 
lighting power density savings based 
on Section 3.2.2 of the 2005 Cali-
fornia Nonresidential Alternative Cal-
culation Method Approval Manual. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
154 
‘‘(B) PUBLICATION.—The Secretary shall 
publish in the Federal Register the bases for 
the target levels established in the regulations 
under clause (i).’’. 
(d) ALTERNATIVE STANDARDS.—Section 179D(d) of 
such Code is amended by adding at the end the following 
new paragraph: 
‘‘(7) 
ALTERNATIVE
STANDARDS
PENDING 
FINAL REGULATIONS.—Until such time as the Sec-
retary issues final regulations under paragraph 
(1)(B)— 
‘‘(A) in the case of property which is part 
of a building envelope, the building envelope 
system target under paragraph (1)(A)(ii) shall 
be a 7 percent reduction in total annual energy 
and power costs (determined in the same man-
ner as under subsection (c)(1)(D)), and 
‘‘(B) in the case of property which is part 
of the heating, cooling, ventilation, and hot 
water systems, the heating, cooling, ventilation, 
and hot water system shall be treated as meet-
ing the target under paragraph (1)(A)(ii) if it 
would meet the requirement in subsection 
(c)(1)(D) if combined with a building envelope 
system and lighting system which met their re-
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
155 
spective targets under paragraph(1)(A)(ii) (in-
cluding interim targets in effect under sub-
section (f) and subparagraph (A)).’’. 
(e) MODIFICATIONS TO LIGHTING STANDARDS.— 
(1) STANDARDS
TO
BE
ALTERNATE
STAND-
ARDS.—Subsection (f) of section 179D of such Code 
is amended by— 
(A) striking ‘‘Interim’’ in the heading and 
inserting ‘‘Alternative’’, and 
(B) inserting ‘‘, or, if the taxpayer elects, 
in lieu of the target set forth in such final regu-
lations’’ after ‘‘lighting system’’ at the end of 
the matter preceding paragraph (1). 
(2) 
QUALIFIED
INDIVIDUALS.—Section 
179D(d)(6)(C) of such Code is amended by adding 
at the end the following: ‘‘For purposes of certifi-
cation of whether the alternative target for lighting 
systems under subsection (f) is met, individuals 
qualified to determine compliance shall include indi-
viduals who are certified as Lighting Certified (LC) 
by the National Council on Qualifications for the 
Lighting Professions, Certified Energy Managers 
(CEM) by the Association of Energy Engineers, and 
LEED Accredited Professionals (AP) by the U.S. 
Green Buildings Council.’’. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
156 
(3) REQUIREMENT FOR BILEVEL SWITCHING.— 
Section 179D(f)(2) of such Code is amended by add-
ing at the end the following new subparagraph: 
‘‘(3) APPLICATION OF SUBSECTION TO BILEVEL 
SWITCHING.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (2)(C)(i), this subsection shall apply to a 
system which does not include provisions for 
bilevel switching if the reduction in lighting 
power density is at least 37.5 percent of the 
minimum requirements in Table 9.3.1.1 or 
Table 9.3.1.2 (not including additional interior 
lighting allowances) of Standard 90.1–2001. 
‘‘(B) REDUCTION IN DEDUCTION.—In the 
case of a system to which this subsection ap-
plies by reason of subparagraph (A), paragraph 
(2) shall be applied— 
‘‘(i) by striking ‘40 percent’ and in-
serting ‘50 percent’ in subparagraph (A) 
thereof, and 
‘‘(ii) in subparagraph (B)(ii) there-
of— 
‘‘(I) by striking ‘25 percentage 
points’ and inserting ‘37.5 percentage 
points’; and 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
157 
‘‘(II) by striking ‘15’ and insert-
ing ‘12.5’.’’. 
(f) PUBLIC PROPERTY.—Paragraph (4) of section 
179(d) of such Code is amended by striking ‘‘the Sec-
retary shall promulgate a regulation to allow the allocation 
of the deduction’’ and inserting ‘‘the deduction under this 
section shall be allowed’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service in 
taxable years beginning after the date of the enactment 
of this Act. 
SEC. 705. DEDUCTION FOR ENERGY EFFICIENT LOW-RISE 
BUILDINGS. 
(a) IN GENERAL.—Part VI of subchapter B of chap-
ter 1 of the Internal Revenue Code of 1986, as amended 
by section 404 of division A of the Tax Relief and Health 
Care Act of 2006, is amended by inserting after section 
179E the following new section: 
‘‘SEC. 179F. ENERGY EFFICIENT LOW-RISE BUILDINGS DE-
DUCTION. 
‘‘(a) IN GENERAL.—There shall be allowed as a de-
duction an amount equal to the amount of qualified energy 
efficiency expenditures paid or incurred by the taxpayer 
during the taxable year. 
‘‘(b) LIMITATIONS.— 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
158 
‘‘(1) IN GENERAL.—The amount allowed as a 
credit under subsection (a) with respect to any 
dwelling unit shall not exceed the product of— 
‘‘(A) the qualified energy savings achieved, 
and 
‘‘(B) $12,000. 
‘‘(2) MINIMUM AMOUNT OF QUALIFIED ENERGY 
SAVINGS.—No credit shall be allowed under sub-
section (a) with respect to any dwelling unit in a 
qualified low-rise building which achieves a qualified 
energy savings of less than 20 percent. 
‘‘(c) QUALIFIED ENERGY EFFICIENCY EXPENDI-
TURES.—For purposes of this section— 
‘‘(1) IN GENERAL.—The term ‘qualified energy 
efficiency expenditures’ means any amount paid or 
incurred which is related to producing qualified en-
ergy savings in any dwelling unit located in a quali-
fied low-rise building of the taxpayer which is lo-
cated in the United States. 
‘‘(2) NO DOUBLE BENEFIT FOR CERTAIN EX-
PENDITURES.—The term ‘qualified energy efficiency 
expenditures’ shall not include any expenditure for 
any property for which a deduction has been allowed 
to the taxpayer under section 179G. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
159 
‘‘(3) QUALIFIED
LOW-RISE
BUILDING.—The 
term ‘qualified low-rise building’ means a building— 
‘‘(A) with respect to which depreciation is 
allowable under section 167, 
‘‘(B) which is used for multifamily hous-
ing, and 
‘‘(C) which is not within the scope of 
Standard 90.1–2001 (as defined under section 
179D(c)(2)). 
‘‘(d) QUALIFIED ENERGY SAVINGS.—For purposes of 
this section— 
‘‘(1) IN GENERAL.—The term ‘qualified energy 
savings’ means, with respect to any dwelling unit in 
a qualified low-rise building, the amount (measured 
as a percentage) by which— 
‘‘(A) the annual energy use with respect to 
such dwelling unit after qualified energy effi-
ciency expenditures are made, as certified under 
paragraph (2), is less than 
‘‘(B) the annual energy use with respect to 
such dwelling unit before the qualified energy 
efficiency expenditures were made, as certified 
under paragraph (2). 
In determining annual energy use under subpara-
graph (B), any energy efficiency improvements 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
160 
which are not attributable to qualified energy effi-
ciency expenditures shall be disregarded. 
‘‘(2) CERTIFICATION.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Secretary of Energy, shall 
prescribe the procedures and method for the 
making of certifications under this paragraph 
based on the Residential Energy Services Net-
work (RESNET) Technical Guidelines in effect 
on the date of the enactment of this Act. 
‘‘(B) QUALIFIED INDIVIDUALS.—Any cer-
tification made under this paragraph may only 
be made by an individual who is recognized by 
an organization certified by the Secretary for 
such purposes. 
‘‘(e) SPECIAL RULES.—For purposes of this section, 
rules similar to the rules under paragraphs (8) and (9) 
of section 25D(e) shall apply. 
‘‘(f) BASIS ADJUSTMENTS.—For purposes of this 
subtitle, if a credit is allowed under this section with re-
spect to any expenditure with respect to any property, the 
increase in the basis of such property which would (but 
for this subsection) result from such expenditure shall be 
reduced by the amount of the credit so allowed. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
161 
‘‘(g) TERMINATION.—This section shall not apply 
with respect to any property placed in service after Decem-
ber 31, 2013.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 263(a)(1) of such Code, as amended 
by section 404 of division A of the Tax Relief and 
Health Care Act of 2006, is amended by striking 
‘‘or’’ at the end of subparagraph (K), by striking the 
period at the end of subparagraph (L) and inserting 
‘‘, or’’, and by inserting after subparagraph (L) the 
following new subparagraph: 
‘‘(M) expenditures for which a deduction is 
allowed under section 179F.’’. 
(2) Section 312(k)(3)(B) of such Code is 
amended by striking ‘‘179, 179A, 179B, 179C, 
179D, or 179E’’ each place it appears in the head-
ing and text and inserting ‘‘179, 179A, 179B, 179C, 
179D, 179E, or 179F’’. 
(3) Section 1016(a) of such Code, as amended 
by section 101, is amended by striking ‘‘and’’ at the 
end of paragraph (37), by striking the period at the 
end of paragraph (38) and inserting ‘‘, and’’, and by 
adding at the end the following new paragraph: 
‘‘(39) to the extent provided in section 
179F(f).’’. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
162 
(4) Section 1245(a) of such Code is amended 
by inserting ‘‘179F,’’ after ‘‘179E,’’ both places it 
appears in paragraphs (2)(C) and (3)(C). 
(5) The table of sections for part VI of sub-
chapter B of such Code is amended by inserting 
after the item relating to section 179E the following 
new item: 
‘‘Sec. 179F. Energy efficient low-rise buildings deduction.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred in tax-
able years beginning after the date of the enactment of 
this Act. 
TITLE VIII—INCREASING AMER-
ICA’S 
GASOLINE 
REFINING 
CAPABILITIES 
SEC. 801. DEFINITIONS. 
For purposes of this title— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency; 
(2) the term ‘‘applicant’’ means a person who 
(with the approval of the governor of the State, or 
in the case of Native American tribes or tribal terri-
tories the designated leader of the tribe or tribal 
community, where the proposed refinery would be lo-
cated) is seeking a Federal refinery authorization; 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
163 
(3) the term ‘‘biomass’’ has the meaning given 
that term in section 932(a)(1) of the Energy Policy 
Act of 2005; 
(4) the term ‘‘Federal refinery authorization’’— 
(A) means any authorization required 
under Federal law, whether administered by a 
Federal or State administrative agency or offi-
cial, with respect to siting, construction, expan-
sion, or operation of a refinery; and 
(B) includes any permits, licenses, special 
use authorizations, certifications, opinions, or 
other approvals required under Federal law 
with respect to siting, construction, expansion, 
or operation of a refinery; 
(5) the term ‘‘refinery’’ means— 
(A) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
and refine crude oil by any chemical or physical 
process, including distillation, fluid catalytic 
cracking, hydrocracking, coking, alkylation, 
etherification, polymerization, catalytic reform-
ing, isomerization, hydrotreating, blending, and 
any combination thereof, in order to produce 
gasoline or distillate; 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
164 
(B) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
and refine coal by any chemical or physical 
process, including liquefaction, in order to 
produce gasoline or diesel as its primary out-
put; or 
(C) a facility designed and operated to re-
ceive, load, unload, store, transport, process (in-
cluding biochemical, photochemical, and bio-
technology processes), and refine biomass in 
order to produce biofuel; 
(6) the term ‘‘Secretary’’ means the Secretary 
of Energy; and 
(7) the term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto 
Rico, and any other territory or possession of the 
United States. 
SEC. 802. STATE ASSISTANCE. 
(a) STATE ASSISTANCE.—At the request of a gov-
ernor of a State, or in the case of Native American tribes 
or tribal territories the designated leader of the tribe or 
tribal community, the Administrator is authorized to pro-
vide financial assistance to that State or tribe or tribal 
community to facilitate the hiring of additional personnel 
to assist the State or tribe or tribal community with exper-
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
165 
tise in fields relevant to consideration of Federal refinery 
authorizations. 
(b) OTHER ASSISTANCE.—At the request of a gov-
ernor of a State, or in the case of Native American tribes 
or tribal territories the designated leader of the tribe or 
tribal community, a Federal agency responsible for a Fed-
eral refinery authorization shall provide technical, legal, 
or other nonfinancial assistance to that State or tribe or 
tribal community to facilitate its consideration of Federal 
refinery authorizations. 
SEC. 803. REFINERY PROCESS COORDINATION AND PROCE-
DURES. 
(a) APPOINTMENT OF FEDERAL COORDINATOR.— 
(1) IN GENERAL.—The President shall appoint 
a Federal coordinator to perform the responsibilities 
assigned to the Federal coordinator under this title. 
(2) OTHER
AGENCIES.—Each Federal and 
State agency or official required to provide a Fed-
eral refinery authorization shall cooperate with the 
Federal coordinator. 
(b) FEDERAL REFINERY AUTHORIZATIONS.— 
(1) MEETING PARTICIPANTS.—Not later than 
30 days after receiving a notification from an appli-
cant that the applicant is seeking a Federal refinery 
authorization pursuant to Federal law, the Federal 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
166 
coordinator appointed under subsection (a) shall 
convene a meeting of representatives from all Fed-
eral and State agencies responsible for a Federal re-
finery authorization with respect to the refinery. The 
governor of a State shall identify each agency of 
that State that is responsible for a Federal refinery 
authorization with respect to that refinery. 
(2) MEMORANDUM OF AGREEMENT.—(A) Not 
later than 90 days after receipt of a notification de-
scribed in paragraph (1), the Federal coordinator 
and the other participants at a meeting convened 
under paragraph (1) shall establish a memorandum 
of agreement setting forth the most expeditious co-
ordinated schedule possible for completion of all 
Federal refinery authorizations with respect to the 
refinery, consistent with the full substantive and 
procedural review required by Federal law. If a Fed-
eral or State agency responsible for a Federal refin-
ery authorization with respect to the refinery is not 
represented at such meeting, the Federal coordinator 
shall ensure that the schedule accommodates those 
Federal refinery authorizations, consistent with Fed-
eral law. In the event of conflict among Federal re-
finery authorization scheduling requirements, the re-
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
167 
quirements of the Environmental Protection Agency 
shall be given priority. 
(B) Not later than 15 days after completing the 
memorandum of agreement, the Federal coordinator 
shall publish the memorandum of agreement in the 
Federal Register. 
(C) The Federal coordinator shall ensure that 
all parties to the memorandum of agreement are 
working in good faith to carry out the memorandum 
of agreement, and shall facilitate the maintenance of 
the schedule established therein. 
(c) CONSOLIDATED RECORD.—The Federal coordi-
nator shall, with the cooperation of Federal and State ad-
ministrative agencies and officials, maintain a complete 
consolidated record of all decisions made or actions taken 
by the Federal coordinator or by a Federal administrative 
agency or officer (or State administrative agency or officer 
acting under delegated Federal authority) with respect to 
any Federal refinery authorization. Such record shall be 
the record for judicial review under subsection (d) of deci-
sions made or actions taken by Federal and State adminis-
trative agencies and officials, except that, if the Court de-
termines that the record does not contain sufficient infor-
mation, the Court may remand the proceeding to the Fed-
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
168 
eral coordinator for further development of the consoli-
dated record. 
(d) REMEDIES.— 
(1) IN GENERAL.—The United States District 
Court for the district in which the proposed refinery 
is located shall have exclusive jurisdiction over any 
civil action for the review of the failure of an agency 
or official to act on a Federal refinery authorization 
in accordance with the schedule established pursuant 
to the memorandum of agreement. 
(2) STANDING.—If an applicant or a party to 
a memorandum of agreement alleges that a failure 
to act described in paragraph (1) has occurred and 
that such failure to act would jeopardize timely com-
pletion of the entire schedule as established in the 
memorandum of agreement, such applicant or other 
party may bring a cause of action under this sub-
section. 
(3) COURT ACTION.—If an action is brought 
under paragraph (2), the Court shall review whether 
the parties to the memorandum of agreement have 
been acting in good faith, whether the applicant has 
been cooperating fully with the agencies that are re-
sponsible for issuing a Federal refinery authoriza-
tion, and any other relevant materials in the consoli-
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
169 
dated record. Taking into consideration those fac-
tors, if the Court finds that a failure to act de-
scribed in paragraph (1) has occurred, and that such 
failure to act would jeopardize timely completion of 
the entire schedule as established in the memo-
randum of agreement, the Court shall establish a 
new schedule that is the most expeditious coordi-
nated schedule possible for completion of pro-
ceedings, consistent with the full substantive and 
procedural review required by Federal law. The 
court may issue orders to enforce any schedule it es-
tablishes under this paragraph. 
(4) FEDERAL COORDINATOR’S ACTION.—When 
any civil action is brought under this subsection, the 
Federal coordinator shall immediately file with the 
Court the consolidated record compiled by the Fed-
eral coordinator pursuant to subsection (c). 
(5) EXPEDITED REVIEW.—The Court shall set 
any civil action brought under this subsection for ex-
pedited consideration. 
SEC. 804. DESIGNATION OF CLOSED MILITARY BASES. 
(a) DESIGNATION REQUIREMENT.—Not later than 
90 days after the date of enactment of this Act, the Presi-
dent shall designate no less than 3 closed military installa-
tions, or portions thereof, as potentially suitable for the 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
170 
construction of a refinery. At least 1 such site shall be 
designated as potentially suitable for construction of a re-
finery to refine biomass in order to produce biofuel. 
(b) REDEVELOPMENT AUTHORITY.—The redevelop-
ment authority for each installation designated under sub-
section (a), in preparing or revising the redevelopment 
plan for the installation, shall consider the feasibility and 
practicability of siting a refinery on the installation. 
(c) MANAGEMENT AND DISPOSAL OF REAL PROP-
ERTY.—The Secretary of Defense, in managing and dis-
posing of real property at an installation designated under 
subsection (a) pursuant to the base closure law applicable 
to the installation, shall give substantial deference to the 
recommendations of the redevelopment authority, as con-
tained in the redevelopment plan for the installation, re-
garding the siting of a refinery on the installation. The 
management and disposal of real property at a closed mili-
tary installation or portion thereof found to be suitable 
for the siting of a refinery under subsection (a) shall be 
carried out in the manner provided by the base closure 
law applicable to the installation. 
(d) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘base closure law’’ means the De-
fense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101–510; 10 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
171 
U.S.C. 2687 note) and title II of the Defense Au-
thorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 
2687 note); and 
(2) the term ‘‘closed military installation’’ 
means a military installation closed or approved for 
closure pursuant to a base closure law. 
SEC. 805. SAVINGS CLAUSE. 
Nothing in this title shall be construed to affect the 
application of any environmental or other law, or to pre-
vent any party from bringing a cause of action under any 
environmental or other law, including citizen suits. 
SEC. 806. REFINERY REVITALIZATION REPEAL. 
Subtitle H of title III of the Energy Policy Act of 
2005 and the items relating thereto in the table of con-
tents of such Act are repealed. 
SEC. 807. NEW SOURCE REVIEW UNDER THE CLEAN AIR 
ACT. 
Part A of title I of the Clean Air Act (42 U.S.C. 7401 
and following) is amended by adding the following new 
section at the end thereof: 
‘‘SEC. 132 NEW SOURCE REVIEW. 
‘‘In promulgating regulations respecting new source 
review under this Act, the Administrator shall include in 
such regulations provisions providing that routine mainte-
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
172 
nance and repair shall not constitute a modification of an 
existing source requiring compliance with new source re-
view requirements. Such provisions shall provide that 
equipment replacement shall be considered routine mainte-
nance and repair if it meets each of the following require-
ments: 
‘‘(1) It does not increase actual emissions of 
any air pollutant by more than 5 percent. 
‘‘(2) It does not increase actual emissions of 
any air pollutant by more than 40 tons per year. 
Notwithstanding any other provision of this Act, no State 
may include in any State implementation plan any provi-
sions regarding new source review that are more stringent 
than those contained in the regulations of the Adminis-
trator under this section.’’. 
SEC. 808. DESIGNATION OF NEW REFINING CAPACITY ON 
BROWNFIELD SITES. 
(a) DESIGNATION REQUIREMENT.—Not later than 
90 days after the date of enactment of this Act, the Sec-
retary shall designate no less than 5 brownfield sites, or 
portions thereof, subject to subsection (c)(2), that are ap-
propriate and available for the purposes of siting a refin-
ery. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
173 
(b) ANALYSIS OF REFINERY SITES.—In considering 
any site for possible designation under subsection (a), the 
Secretary shall conduct an analysis of— 
(1) the availability of crude oil supplies to the 
site, including supplies from domestic production of 
shale oil and tar sands and other strategic uncon-
ventional fuels; 
(2) the distribution of the Nation’s refined pe-
troleum product demand; 
(3) whether such site is in close proximity to 
substantial pipeline infrastructure, including both 
crude oil and refined petroleum product pipelines, 
and potential infrastructure feasibility; 
(4) the need to diversify the geographical loca-
tion of the domestic refining capacity; 
(5) the effect that increased refined petroleum 
products from a refinery on that site may have on 
the price and supply of gasoline to consumers; and 
(6) such other factors as the Secretary con-
siders appropriate. 
(c) MAKING DESIGNATED SITES AVAILABLE.— 
(1) SECRETARY’S ROLE.—If a designated site is 
owned by the Federal Government, the Secretary 
shall take appropriate actions to make the site avail-
able for the construction of a refinery. If the site is 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
174 
not owned by the Federal Government, the Secretary 
shall facilitate the necessary transfer of interest in 
the site from a willing seller to enable the construc-
tion of a refinery on the site. 
(2) GOVERNOR’S OBJECTION.—No site may be 
used for a refinery under this Act if, not later than 
60 days after designation of the site under sub-
section (a), the Governor of the State in which the 
site is located transmits to the Secretary an objec-
tion to the designation, unless, not later than 60 
days after the Secretary receives such objection, the 
Congress has by law overridden the objection. 
SEC. 809. YEAR EXTENSION OF ELECTION TO EXPENSE 
CERTAIN REFINERIES. 
(a) IN GENERAL.—Paragraph (1) of section 179C(c) 
of the Internal Revenue Code of 1986 (defining qualified 
refinery property) is amended— 
(1) by striking ‘‘January 1, 2012’’ in subpara-
graph (B) and inserting ‘‘January 1, 2017’’, and (2) 
by striking ‘‘January 1, 2008’’ each place it appears 
in subparagraph (F) and inserting ‘‘January 1, 
2013’’. 
(b) 
IMPLEMENTATION
THROUGH
SECRETARIAL 
GUIDANCE.— 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
175 
(1) GUIDANCE.—Paragraph (1) of section 
179C(b) of such Code (relating to general rule for 
election) is amended by inserting ‘‘or other guid-
ance’’ after ‘‘regulations’’. 
(2) REPORTING.—Subsection (h) of section 
179C of such Code (relating to reporting) is amend-
ed by striking ‘‘shall require’’ and inserting ‘‘may, 
through guidance, require’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall apply to property placed in service after De-
cember 31, 2007. 
(d) REQUIREMENT FOR ISSUANCE OF GUIDANCE.— 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of the Treasury shall issue regu-
lations or other guidance to carry out section 179C of the 
Internal Revenue Code of 1986 (as amended by this sec-
tion). 
TITLE IX—COMMON SENSE REG-
ULATORY RELIEF AND POL-
ICY REFORM 
SEC. 901. EXTENSION AND MODIFICATION OF RENEWABLE 
ENERGY PRODUCTION TAX CREDIT. 
(a) EXTENSION OF CREDIT.—Each of the following 
provisions of section 45(d) (relating to qualified facilities) 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
176 
is amended by striking ‘‘January 1, 2009’’ and inserting 
‘‘January 1, 2018’’: 
(1) Paragraph (1). 
(2) Clauses (i) and (ii) of paragraph (2)(A). 
(3) Clauses (i)(I) and (ii) of paragraph (3)(A). 
(4) Paragraph (4). 
(5) Paragraph (5). 
(6) Paragraph (6). 
(7) Paragraph (7). 
(8) Paragraph (8). 
(9) Subparagraphs (A) and (B) of paragraph 
(9). 
(b) PRODUCTION CREDIT FOR ELECTRICITY PRO-
DUCED FROM MARINE RENEWABLES.— 
(1) IN
GENERAL.—Paragraph (1) of section 
45(c) (relating to resources) is amended by striking 
‘‘and’’ at the end of subparagraph (G), by striking 
the period at the end of subparagraph (H) and in-
serting ‘‘, and’’, and by adding at the end the fol-
lowing new subparagraph: 
‘‘(I) marine and hydrokinetic renewable en-
ergy.’’. 
(2) MARINE RENEWABLES.—Subsection (c) of 
section 45 is amended by adding at the end the fol-
lowing new paragraph: 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
177 
‘‘(10) MARINE
AND
HYDROKINETIC
RENEW-
ABLE ENERGY.— 
‘‘(A) IN GENERAL.—The term ‘marine and 
hydrokinetic renewable energy’ means energy 
derived from— 
‘‘(i) waves, tides, and currents in 
oceans, estuaries, and tidal areas, 
‘‘(ii) free flowing water in rivers, 
lakes, and streams, 
‘‘(iii) free flowing water in an irriga-
tion system, canal, or other man-made 
channel, including projects that utilize non-
mechanical structures to accelerate the 
flow of water for electric power production 
purposes, or 
‘‘(iv) differentials in ocean tempera-
ture (ocean thermal energy conversion). 
‘‘(B) EXCEPTIONS.—Such term shall not 
include any energy which is derived from any 
source which utilizes a dam, diversionary struc-
ture (except as provided in subparagraph 
(A)(iii)), or impoundment for electric power 
production purposes.’’. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
178 
(3) DEFINITION OF FACILITY.—Subsection (d) 
of section 45 is amended by adding at the end the 
following new paragraph: 
‘‘(11) MARINE
AND
HYDROKINETIC
RENEW-
ABLE ENERGY FACILITIES.—In the case of a facility 
producing electricity from marine and hydrokinetic 
renewable energy, the term ‘qualified facility’ means 
any facility owned by the taxpayer— 
‘‘(A) which has a nameplate capacity rat-
ing of at least 150 kilowatts, and 
‘‘(B) which is originally placed in service 
on or after the date of the enactment of this 
paragraph and before January 1, 2010.’’. 
(4) CREDIT RATE.—Subparagraph (A) of sec-
tion 45(b)(4) is amended by striking ‘‘or (9)’’ and 
inserting ‘‘(9), or (11)’’. 
(5) COORDINATION
WITH
SMALL
IRRIGATION 
POWER.—Paragraph (5) of section 45(d), as amend-
ed by subsection (a), is amended by striking ‘‘Janu-
ary 1, 2013’’ and inserting ‘‘the date of the enact-
ment of paragraph (11)’’. 
(c) SALES OF ELECTRICITY TO REGULATED PUBLIC 
UTILITIES TREATED
AS SALES
TO UNRELATED PER-
SONS.—Section 45(e)(4) (relating to related persons) is 
amended by adding at the end the following new sentence: 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
179 
‘‘A taxpayer shall be treated as selling electricity to an 
unrelated person if such electricity is sold to a regulated 
public utility (as defined in section 7701(a)(33).’’. 
(d) TRASH FACILITY CLARIFICATION.—Paragraph 
(7) of section 45(d) is amended— 
(1) by striking ‘‘facility which burns’’ and in-
serting ‘‘facility (other than a facility described in 
paragraph (6)) which uses’’, and 
(2) by striking ‘‘COMBUSTION’’ in the head-
ing thereof. 
(e) EFFECTIVE DATES.— 
(1) EXTENSION.—The amendments made by 
subsection (a) shall apply to property originally 
placed in service after December 31, 2008. 
(2) MODIFICATIONS.—The amendments made 
by subsections (b) and (c) shall apply to electricity 
produced and sold after the date of the enactment 
of this Act, in taxable years ending after such date. 
(3) TRASH
FACILITY
CLARIFICATION.—The 
amendments made by subsection (d) shall apply to 
electricity produced and sold before, on, or after De-
cember 31, 2007. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
180 
SEC. 902. EXTENSION AND MODIFICATION OF SOLAR EN-
ERGY AND FUEL CELL INVESTMENT TAX 
CREDIT. 
(a) EXTENSION OF CREDIT.— 
(1) SOLAR
ENERGY
PROPERTY.—Paragraphs 
(2)(A)(i)(II) and (3)(A)(ii) of section 48(a) (relating 
to energy credit) are each amended by striking 
‘‘January 1, 2009’’ and inserting ‘‘January 1, 
2018’’. 
(2) FUEL CELL PROPERTY.—Subparagraph (E) 
of section 48(c)(1) (relating to qualified fuel cell 
property) is amended by striking ‘‘December 31, 
2008’’ and inserting ‘‘December 31, 2017’’. 
(3) QUALIFIED
MICROTURBINE
PROPERTY.— 
Subparagraph (E) of section 48(c)(2) (relating to 
qualified microturbine property) is amended by 
striking ‘‘December 31, 2008’’ and inserting ‘‘De-
cember 31, 2017’’. 
(b) ALLOWANCE OF ENERGY CREDIT AGAINST AL-
TERNATIVE MINIMUM TAX.—Subparagraph (B) of section 
38(c)(4) (relating to specified credits) is amended by strik-
ing ‘‘and’’ at the end of clause (iii), by striking the period 
at the end of clause (iv) and inserting ‘‘, and’’, and by 
adding at the end the following new clause: 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
181 
‘‘(v) the credit determined under section 46 to the 
extent that such credit is attributable to the energy credit 
determined under section 48.’’. 
(c) REPEAL OF DOLLAR PER KILOWATT LIMITATION 
FOR FUEL CELL PROPERTY.— 
(1) IN GENERAL.—Section 48(c)(1) (relating to 
qualified fuel cell), as amended by subsection (a)(2), 
is amended by striking subparagraph (B) and by re-
designating subparagraphs (C), (D), and (E) as sub-
paragraphs (B), (C), and (D), respectively. 
(2) 
CONFORMING
AMENDMENT.—Section 
48(a)(1) is amended by striking ‘‘paragraphs (1)(B) 
and (2)(B) of subsection (c)’’ and inserting ‘‘sub-
section (c)(2)(B)’’. 
(d) PUBLIC ELECTRIC UTILITY PROPERTY TAKEN 
INTO ACCOUNT.— 
(1) IN
GENERAL.—Paragraph (3) of section 
48(a) is amended by striking the second sentence 
thereof. 
(2) CONFORMING AMENDMENTS.— 
(A) Paragraph (1) of section 48(c), as 
amended by this section, is amended by striking 
subparagraph (C) and redesignating subpara-
graph (D) as subparagraph (C). 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
182 
(B) Paragraph (2) of section 48(c), as 
amended by subsection (a)(3), is amended by 
striking subparagraph (D) and redesignating 
subparagraph (E) as subparagraph (D). 
(e) EFFECTIVE DATES.— 
(1) EXTENSION.—The amendments made by 
subsection (a) shall take effect on the date of the en-
actment of this Act. 
(2) ALLOWANCE AGAINST ALTERNATIVE MIN-
IMUM TAX.—The amendments made by subsection 
(b) shall apply to credits determined under section 
46 of the Internal Revenue Code of 1986 in taxable 
years beginning after the date of the enactment of 
this Act and to carrybacks of such credits. 
(3) FUEL CELL PROPERTY AND PUBLIC ELEC-
TRIC UTILITY PROPERTY.—The amendments made 
by subsections (c) and (d) shall apply to periods 
after the date of the enactment of this Act, in tax-
able years ending after such date, under rules simi-
lar to the rules of section 48(m) of the Internal Rev-
enue Code of 1986 (as in effect on the day before 
the date of the enactment of the Revenue Reconcili-
ation Act of 1990). 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
183 
SEC. 903. REPEAL OF REQUIREMENT TO DEDUCT FROM AN 
AMOUNT PAYABLE TO EACH STATE. 
Title I of division F of the Consolidated Appropria-
tions Act, 2008 is amended under the heading ‘‘Minerals 
Management Service’’, under the heading ‘‘administrative 
provisions’’, by striking the second sentence. 
SEC. 904. PRODUCTION CREDIT FOR ELECTRICITY PRO-
DUCED FROM CONVENTIONAL HYDROPOWER 
PROJECTS. 
(a) IN GENERAL.—Subparagraph (A) of section 
45(c)(8) of the Internal Revenue Code of 1986 (relating 
to qualified hydropower production) is amended by strik-
ing ‘‘and’’ at the end of clause (i), by striking the period 
at the end of clause (ii) and inserting ‘‘, and’’, and by 
adding at the end the following new clause: 
‘‘(iii) in the case of any hydroelectric 
dam which was placed in service after the 
date of the enactment of this clause, the 
hydropower production from the facility for 
the taxable year.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to property placed in service after 
the date of the enactment of this Act. 
SEC. 905. DEFINITION OF RENEWABLE BIOMASS. 
Section 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 
7545(o)(1)(I)) is amended— 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
184 
(1) in clause (ii), by striking ‘‘on non-federal 
land’’; and 
(2) in clause (iv), by striking ‘‘that are from 
non-federal forestlands, including forestlands’’ and 
inserting ‘‘from forestlands, including those on pub-
lic lands and those’’. 
SEC. 906. NEPA JUDICIAL REVIEW. 
Title I of the National Environmental Policy Act of 
1969 (42 U.S.C. 4331 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 106. JUDICIAL REVIEW. 
‘‘(a) IN GENERAL.—Review of a Federal agency’s 
compliance with section 102 of the Act may be filed in 
the circuit in which the petitioner resides or transacts 
business which is directly affected by the action. Any such 
application for review shall be made within ninety days 
from the date of promulgation of the Federal agency’s de-
cision. 
‘‘(b) PROCEDURES FOR REVIEW.— 
‘‘(1) LIMITATION.—In any judicial action under 
this Act, judicial review of any issues concerning a 
Federal agency’s compliance with section 102 shall 
be limited to the administrative record. Otherwise 
applicable principles of administrative law shall gov-
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
185 
ern whether any supplemental materials may be con-
sidered by the court. 
‘‘(2) STANDARD.—In considering objections 
raised in any judicial action under this Act, the 
court shall uphold the Federal agency’s decision, 
whether in is the first instance, a revocation, reces-
sion or other action, unless the objecting party can 
demonstrate, on the administrative record, that the 
decision was arbitrary and capricious or otherwise 
not in accordance with law. 
‘‘(3) REMEDY.—If the court finds that the se-
lection of the response action was arbitrary and ca-
pricious or otherwise not in accordance with law, the 
court shall award such relief as the court deems ap-
propriate. 
‘‘(4) PROCEDURAL ERRORS.—In reviewing al-
leged procedural errors, the court may disallow costs 
or damages only if the errors were so serious and re-
lated to matters of such central relevance to the ac-
tion that the action would have been significantly 
changed had such errors not been made. 
‘‘(c) NOTICE OF ACTIONS.—Whenever any action is 
brought under this Act in a court of the United States 
by a plaintiff other than the United States, the plaintiff 
shall provide a copy of the complaint to the Attorney Gen-
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
186 
eral of the United States and to the Secretary or Adminis-
trator of the affected Federal agency. 
‘‘(d) INTERVENTION.—In any action commenced 
under this Act, any person may intervene as a matter of 
right when such person claims an interest relating to the 
subject of the action and is so situated that the disposition 
of the action may, as a practical matter, impair or impede 
the person’s ability to protect that interest, unless the Sec-
retary or Administrator shows that the person’s interest 
is adequately represented by existing parties.’’. 
TITLE X—TAX-EXEMPT FINANC-
ING OF CERTAIN ELECTRIC 
TRANSMISSION FACILITIES 
SEC. 1001. TAX-EXEMPT FINANCING OF CERTAIN ELECTRIC 
TRANSMISSION FACILITIES NOT SUBJECT TO 
PRIVATE BUSINESS USE TEST. 
(a) IN GENERAL.—Section 141(b)(6) of the Internal 
Revenue Code of 1986 (defining private business use) is 
amended by adding at the end the following new subpara-
graph: 
‘‘(C) EXCEPTION FOR CERTAIN ELECTRIC 
TRANSMISSION
FACILITIES.—For purposes of 
the 1st sentence of subparagraph (A), the oper-
ation or use of an electric transmission facility 
by any person which is not a governmental unit 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
187 
shall not be considered a private business use 
if— 
‘‘(i) the facility is placed in service on 
or after the date of the enactment of this 
subparagraph and is owned by— 
‘‘(I) a State or political subdivi-
sion of a State, or any agency, au-
thority, or instrumentality of any of 
the foregoing providing electric serv-
ice, directly or indirectly to the public, 
or 
‘‘(II) a State or political subdivi-
sion of a State expressly authorized 
under applicable State law effective on 
or after January 1, 2004, to finance 
and own electric transmission facili-
ties, and 
‘‘(ii) bonds for such facility are issued 
before the date which is 5 years after the 
date of the enactment of this subpara-
graph.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to bonds issued after the date of 
the enactment of this Act. 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS
188 
TITLE 
XI—RESTORE 
OUR 
DO-
MESTIC ENERGY WORKFORCE 
SCIENCE AND TECHNOLOGY 
EDUCATION 
SEC. 1101. SHORT TITLE. 
This title may be cited as the ‘‘Strengthening Amer-
icas Science and Technology Education Act’’. 
SEC. 1102. POLICY. 
It is the policy of the United States to maintain the 
human capital needed to preserve and foster the economic, 
energy, and mineral resources security of the United 
States. The Science and Technology programs that 
produce human capital needed for the energy and mineral 
resources security of the United States are national assets 
and shall be assisted with Federal funds to ensure their 
continued health and existence. 
SEC. 1103. MAINTAINING SCIENCE AND TECHNOLOGY EDU-
CATION PROGRAMS. 
(a) The Secretary of the Interior (in this title referred 
to as the ‘‘Secretary’’) shall administer this title and shall 
prescribe rules and regulations to carry out its policies and 
provisions not later than 1 year after enactment. 
(b) In support of the policy stated in section 2, the 
Secretary shall provide research funds to schools, univer-
sities, and institutions to assist in maintaining recognized 
VerDate Aug 31 2005 
23:46 Jul 01, 2008
Jkt 069200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H6384.IH
H6384
erowe on PRODPC61 with BILLS