(A) standard amounts of electric energy 
described in paragraph (7) to be auctioned; and 
(B) allocations described in paragraph (6) 
for such auction. 
(d) AWARD OF FUNDS.— 
(1) CONTRACTS FOR GENERATION.— 
(A) IN GENERAL.—In order to receive an 
award of funds pursuant to a reverse auction 
under this section, an eligible entity selected for 
such award of funds shall enter into a contract 
with the Director delineating the terms of the 
award of funds. 
(B) CONTRACT
TERMS.—The Director 
shall include in a contract entered into under 
this paragraph the following: 
(i) The number of megawatts per year 
on which the contract is based. 
(ii) A provision allowing for credits to 
be awarded for the production of energy in 
excess of the amount specified in the con-
tract pursuant to clause (i), which may be 
carried over, for not more than 2 consecu-
tive years, for use in years in which the 
production of energy is less than that re-
VerDate Mar 15 2010 
04:44 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H909.IH
H909
pwalker on DSKD5P82C1PROD with BILLS
quired under the contract pursuant to 
clause (i). 
(iii) Any other provisions the Director 
determines appropriate. 
(C) TERMINATION.—In addition to any 
other terms regarding termination included in a 
contract under subparagraph (B), the Director 
may terminate a contract under this paragraph 
if the eligible entity fails to generate the num-
ber of megawatts of electric energy per year re-
quired under subparagraph (B)(i) for a period 
of 4 consecutive years. 
(2) LIMITATION ON DISBURSAL.—The Director 
may disburse funds to an eligible entity only for the 
amount of electric energy generated under the con-
tract entered into under paragraph (3) up to the 
amount specified pursuant to paragraph (1)(B)(i) 
for each year in which the contract is in effect. 
(3) OPERATION REQUIREMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Director shall make an 
award of funds to an eligible entity contingent 
on the qualified renewable energy facility being 
in operation not later than 18 months after the 
VerDate Mar 15 2010 
04:44 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H909.IH
H909
pwalker on DSKD5P82C1PROD with BILLS
eligible entity is selected for an award of funds 
under this section. 
(B) EXTENSION.—The Director may grant 
an eligible entity a one-time 6-month extension 
of the deadline for operation under subpara-
graph (A) with respect to a qualified renewable 
energy facility if the eligible entity dem-
onstrates, to the satisfaction of the Director, 
that operation of such facility is delayed due to 
regulatory constraints beyond the control of 
such eligible entity. Extensions under this sub-
paragraph may not be granted for delays due to 
lack of financing or delayed equipment delivery. 
(e) PENALTIES.—The Secretary shall determine pen-
alties for violations of this section, which may include fines 
or bans from participating in reverse auctions under this 
section. 
(f) TREATMENT OF FUNDS.—Amounts awarded to 
an eligible entity under subsection (d) shall not be includ-
ible in gross income for purposes of the Internal Revenue 
Code of 1986. 
(g) DENIAL OF DOUBLE BENEFIT.— 
(1) BASIS.—For purposes of the Internal Rev-
enue Code of 1986, the basis of a renewable energy 
facility for which funds are awarded to an eligible 
VerDate Mar 15 2010 
04:44 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H909.IH
H909
pwalker on DSKD5P82C1PROD with BILLS
entity under this section shall be reduced by the 
amount of such award. 
(2) TREATMENT AS QUALIFIED FACILITY.—A 
renewable energy facility for which funds are award-
ed to an eligible entity under this section shall not 
be treated as a qualified facility for purposes of sec-
tion 45 of the Internal Revenue Code of 1986 (26 
U.S.C. 45). 
(3) TREATMENT AS ENERGY PROPERTY.— 
(A) IN GENERAL.—A renewable energy fa-
cility for which funds are awarded to an eligible 
entity under this section shall not be treated as 
an energy property for purposes of section 48 
of the Internal Revenue Code of 1986 (26 
U.S.C. 48). 
(B) LIMITATION ON AWARD OF FUNDS.— 
The Director may not award funds under this 
section for a renewable energy facility for which 
a credit under section 48 of the Internal Rev-
enue Code of 1986 (26 U.S.C. 48) has been de-
termined. 
(4) PARTICIPATION IN FEDERAL LOAN GUAR-
ANTEE
PROGRAMS.—An eligible entity to which 
funds are awarded under this section for a qualified 
renewable energy facility may not, for the purposes 
VerDate Mar 15 2010 
04:44 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H909.IH
H909
pwalker on DSKD5P82C1PROD with BILLS
of such facility, participate in a Federal loan guar-
antee program. 
(5) COORDINATION
WITH
OTHER
FEDERAL 
SUBSIDIES.— 
(A) CONTRACT AMOUNT.—A contract for 
generation under subsection (d)(1) shall be for 
the amount of the winning bid for the specified 
amount of electric energy minus the amount of 
any other Federal subsidy received by the eligi-
ble entity for the construction, development, or 
operation of the qualified renewable energy fa-
cility before funds are awarded under sub-
section (d). 
(B) REGULATIONS.—Notwithstanding sub-
section (h), not later than one year after the 
date of enactment of this Act, the Secretary 
shall promulgate regulations to carry out this 
paragraph. 
(h) DEADLINE FOR REGULATIONS.—Not later than 
180 days after the date of enactment of this Act, the Sec-
retary shall promulgate regulations to carry out this sec-
tion. 
(i) DEFINITIONS.—In this section: 
(1) AMERICAN-MADE ENERGY TRUST FUND.— 
The term ‘‘American-Made Energy Trust Fund’’ 
VerDate Mar 15 2010 
04:44 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H909.IH
H909
pwalker on DSKD5P82C1PROD with BILLS
means the trust fund established in section 9512 of 
the Internal Revenue Code of 1986 (as added by 
title II). 
(2) AUTHORITY.—The term ‘‘Authority’’ means 
the Reverse Auction Authority established under 
subsection (b). 
(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Authority. 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an owner or operator of a qualified re-
newable energy facility that, with respect to such fa-
cility— 
(A) is not participating in a Federal loan 
guarantee program; and 
(B) has a power purchase agreement in 
place at the time of the reverse auction. 
(5) OPERATION.—The term ‘‘operation’’, with 
respect to a renewable energy facility, means that— 
(A) such facility is generating electric en-
ergy; 
(B) such facility is transmitting electric 
energy onto the electric power grid; and 
(C) electric energy generated by such facil-
ity is being sold to one or more electric utilities. 
VerDate Mar 15 2010 
04:44 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H909.IH
H909
pwalker on DSKD5P82C1PROD with BILLS
(C) Any additional criteria the Secretary 
determines appropriate. 
TITLE IV—PROHIBITION OF CON-
SIDERATION 
OF 
GREEN-
HOUSE GAS 
SEC. 401. CLEAN AIR ACT REGULATION. 
The Clean Air Act (42 U.S.C. 7401) is amended by 
inserting after section 329 the following: 
‘‘SEC. 330. PROHIBITION OF REGULATION OF GREENHOUSE 
GAS. 
‘‘(a) DEFINITION OF GREENHOUSE GAS.—In this 
section, the term ‘greenhouse gas’ means— 
‘‘(1) carbon dioxide; 
‘‘(2) methane; 
‘‘(3) nitrous oxide; 
‘‘(4) a hydrofluorocarbon; 
‘‘(5) a perfluorocarbon; or 
‘‘(6) sulfur hexafluoride. 
‘‘(b) REGULATION OF GREENHOUSE GAS.—Nothing 
in this Act may be construed to require or permit the regu-
lation of a greenhouse gas for climate change purposes.’’. 
SEC. 402. ENDANGERED SPECIES ACT REGULATION. 
(a) PROHIBITION OF CONSIDERATION OF IMPACT OF 
GREENHOUSE GAS.—The Endangered Species Act of 
VerDate Mar 15 2010 
04:44 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H909.IH
H909
pwalker on DSKD5P82C1PROD with BILLS
1973 (16 U.S.C. 1531 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 19. PROHIBITION OF CONSIDERATION OF IMPACT OF 
GREENHOUSE GAS. 
‘‘(a) DEFINITION OF GREENHOUSE GAS.—In this 
section, the term ‘greenhouse gas’ means— 
‘‘(1) carbon dioxide; 
‘‘(2) methane; 
‘‘(3) nitrous oxide; 
‘‘(4) a hydrofluorocarbon; 
‘‘(5) a perfluorocarbon; or 
‘‘(6) sulfur hexafluoride. 
‘‘(b) IMPACT OF GREENHOUSE GAS.—The climate 
change-related impact of a greenhouse gas on any species 
of fish, wildlife, or plant shall not be considered for any 
purpose in the implementation of this Act.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Endangered Species Act of 1973 (16 U.S.C. 
1531 note) is amended by adding at the end the following: 
‘‘Sec. 18. Annual cost analysis by the Fish and Wildlife Service. 
‘‘Sec. 19. Prohibition of consideration of impact of greenhouse gas.’’. 
Æ 
VerDate Mar 15 2010 
04:44 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6301
E:\BILLS\H909.IH
H909
pwalker on DSKD5P82C1PROD with BILLS