I 
110TH CONGRESS 
1ST SESSION H. R. 3089 
To secure unrestricted reliable energy for American consumption and 
transmission. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2007 
Mr. THORNBERRY introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committees on 
Ways and Means and Energy and Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To secure unrestricted reliable energy for American 
consumption and transmission. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘No More Excuses Energy Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—REFINERIES 
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Sec. 101. Issuance of guidance. 
Sec. 102. Tax-exempt financing of domestic use oil refinery facilities. 
Sec. 103. Designation and availability of Federal lands for oil and natural gas 
refineries. 
TITLE II—ALTERNATIVE ENERGY 
Sec. 201. Extension of wind production tax credit. 
TITLE III—NUCLEAR ENERGY 
Sec. 301. Waste Confidence. 
Sec. 302. ASME Nuclear Certification credit. 
TITLE IV—DRILLING 
Subtitle A—Tax Provisions 
Sec. 401. Credit for producing fuel from nonconventional sources to apply to 
gas produced onshore from formations more than 15,000 feet 
deep. 
Sec. 402. Tax credit for carbon dioxide captured from industrial sources and 
used in enhanced oil and natural gas recovery. 
Subtitle B—Termination of Congressional Moratoria on Oil and Gas 
Development on the Outer Continental Shelf 
Sec. 411. Termination of laws prohibiting expenditures for oil and natural gas 
leasing and preleasing activities regarding areas of the outer 
continental shelf. 
Subtitle C—Oil and Gas Development on the Coastal Plain of Alaska 
Sec. 421. Short title. 
Sec. 422. Definitions. 
Sec. 423. Leasing program for lands within the Coastal Plain. 
Sec. 424. Lease sales. 
Sec. 425. Grant of leases by the Secretary. 
Sec. 426. Lease terms and conditions. 
Sec. 427. Coastal plain environmental protection. 
Sec. 428. Expedited judicial review. 
Sec. 429. Federal and State distribution of revenues. 
Sec. 430. Rights-of-way across the Coastal Plain. 
Sec. 431. Conveyance. 
Sec. 432. Local government impact aid and community service assistance. 
TITLE I—REFINERIES 
SEC. 101. ISSUANCE OF GUIDANCE. 
The Secretary of the Treasury shall, not later than 
60 days after the date of the enactment of this Act, pre-
scribe the regulations described in paragraph (1) of sec-
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tion 179C(b) of the Internal Revenue Code of 1986 (relat-
ing to election to expense certain refineries). 
SEC. 102. TAX-EXEMPT FINANCING OF DOMESTIC USE OIL 
REFINERY FACILITIES. 
(a) IN GENERAL.— 
(1) TREATMENT AS EXEMPT FACILITY BOND.— 
Subsection (a) of section 142 (relating to exempt fa-
cility bond) is amended by striking ‘‘or’’ at the end 
of paragraph (14), by striking the period at the end 
of paragraph (15) and inserting ‘‘, and’’, and by in-
serting at the end the following new paragraph: 
‘‘(16) domestic use oil refinery facilities.’’. 
(2) DOMESTIC
USE
OIL
REFINERY
FACILI-
TIES.—Section 142 is amended by adding at the end 
the following new subsection: 
‘‘(n) DOMESTIC USE OIL REFINERY FACILITIES.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(16), the term ‘domestic use oil refinery facility’ 
means any facility in the United States— 
‘‘(A) which processes liquid fuel from 
crude oil, and 
‘‘(B) all of the output of which it is rea-
sonably certain ultimate consumption will occur 
in the United States. 
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‘‘(2) ELECTION
TO
TERMINATE
TAX-EXEMPT 
BOND FINANCING BY CERTAIN REFINERIES.—In the 
case of a facility financed with bonds which would 
cease to be tax-exempt by reason of the failure to 
meet the domestic use requirement of this sub-
section, rules similar to the rules of subsection (f)(4) 
shall apply for purposes of this section.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to bonds issued after the date of 
the enactment of this Act. 
SEC. 103. DESIGNATION AND AVAILABILITY OF FEDERAL 
LANDS FOR OIL AND NATURAL GAS REFIN-
ERIES. 
(a) DESIGNATION.—Within 18 months after the date 
of enactment of this Act, the President shall designate at 
least ten sites on Federal lands that are suitable for the 
siting of an oil refinery or natural gas refinery (or both). 
(b) AVAILABILITY OF LANDS.—Within 24 months 
after the date of enactment of this Act, the President shall 
make each site designated under subsection (a) available 
to the private sector for construction of an oil refinery or 
natural gas refinery (or both), as appropriate. 
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TITLE II—ALTERNATIVE 
ENERGY 
SEC. 201. EXTENSION OF WIND PRODUCTION TAX CREDIT. 
(a) IN GENERAL.—Paragraph (1) of section 45(d) is 
amended by striking ‘‘2009’’ and inserting ‘‘2019’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property originally placed in 
service on or after January 1, 2009. 
TITLE III—NUCLEAR ENERGY 
SEC. 301. WASTE CONFIDENCE. 
The Nuclear Regulatory Commission may not deny 
an application for a license, permit, or other authorization 
under the Atomic Energy Act of 1954 on the grounds that 
sufficient capacity does not exist, or will not become avail-
able on a timely basis, for disposal of spent nuclear fuel 
or high-level radioactive waste from the facility for which 
the license, permit, or other authorization is sought. 
SEC. 302. ASME NUCLEAR CERTIFICATION CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 (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 
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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 
‘‘(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.— 
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‘‘(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.’’. 
(b) CONFORMING AMENDMENTS.—(1) Subsection (b) 
of section 38 is amended by striking ‘‘plus’’ at the end 
of paragraph (30), by striking the period at the end of 
paragraph (31) and inserting ‘‘, plus’’, and by adding at 
the end the following new paragraph: 
‘‘(32) the ASME Nuclear Certification credit 
determined under section 45O(a).’’. 
(2) Subsection (a) of section 1016 (relating to adjust-
ments to basis) is amended by striking ‘‘and’’ at the end 
of paragraph (36), by striking the period at the end of 
paragraph (37) and inserting ‘‘, and’’, and by adding at 
the end the following new paragraph: 
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‘‘(38) to the extent provided in section 
45O(e)(1).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to expenditures paid or incurred 
in taxable years beginning after December 31, 2007. 
TITLE IV—DRILLING 
Subtitle A—Tax Provisions 
SEC. 401. CREDIT FOR PRODUCING FUEL FROM NON-
CONVENTIONAL SOURCES TO APPLY TO GAS 
PRODUCED ONSHORE FROM FORMATIONS 
MORE THAN 15,000 FEET DEEP. 
(a) IN GENERAL.—Subparagraph (B) of section 
45K(c)(1) is amended by striking ‘‘or’’ at the end of clause 
(i), by striking ‘‘and’’ at the end of clause (ii) and insert-
ing ‘‘or’’, and by inserting after clause (ii) the following 
new clause: 
‘‘(iii) an onshore well from a forma-
tion more than 15,000 feet deep, and’’. 
(b) ELIGIBLE DEEP GAS WELLS.—Section 45K is 
amended by adding at the end the following new sub-
section: 
‘‘(h) ELIGIBLE DEEP GAS WELLS.—In the case of 
a well producing qualified fuel described in subsection 
(c)(1)(B)(iii)— 
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‘‘(1) for purposes of subsection (e)(1)(A), such 
well shall be treated as drilled before January 1, 
1993, if such well is drilled after the date of the en-
actment of this subsection, and 
‘‘(2) subsection (e)(2) shall not apply.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years ending after the 
date of the enactment of this Act. 
SEC. 402. TAX CREDIT FOR CARBON DIOXIDE CAPTURED 
FROM INDUSTRIAL SOURCES AND USED IN 
ENHANCED OIL AND NATURAL GAS RECOV-
ERY. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 (relating to business credits), as 
amended by section 302, is amended by adding at the end 
the following new section: 
‘‘SEC. 45P. CREDIT FOR CARBON DIOXIDE CAPTURED FROM 
INDUSTRIAL SOURCES AND USED AS A TER-
TIARY INJECTANT IN ENHANCED OIL AND 
NATURAL GAS RECOVERY. 
‘‘(a) GENERAL RULE.—For purposes of section 38, 
the captured carbon dioxide tertiary injectant credit for 
any taxable year is an amount equal to the product of— 
‘‘(1) the credit amount, and 
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‘‘(2) the qualified carbon dioxide captured from 
industrial sources and used as a tertiary injectant in 
qualified enhanced oil and natural gas recovery 
which is attributable to the taxpayer. 
‘‘(b) CREDIT AMOUNT.—For purposes of this sec-
tion— 
‘‘(1) IN GENERAL.—The credit amount is $0.75 
per 1,000 standard cubic feet. 
‘‘(2) INFLATION ADJUSTMENT.—In the case of 
any taxable year beginning in a calendar year after 
2007, there shall be substituted for the $0.75 
amount under paragraph (1) an amount equal to the 
product of— 
‘‘(A) $0.75, multiplied by 
‘‘(B) the inflation adjustment factor for 
such calendar year determined under section 
43(b)(3)(B) for such calendar year, determined 
by substituting ‘2006’ for ‘1990’. 
‘‘(c) QUALIFIED CARBON DIOXIDE.—For purposes of 
this section— 
‘‘(1) IN GENERAL.—The term ‘qualified carbon 
dioxide’ means carbon dioxide captured from an an-
thropogenic source that— 
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‘‘(A) would otherwise be released into the 
atmosphere as industrial emission of green-
house gas, 
‘‘(B) is measurable at the source of cap-
ture, 
‘‘(C) is compressed, treated, and trans-
ported via pipeline, 
‘‘(D) is sold as a tertiary injectant in 
qualified enhanced oil and natural gas recovery, 
and 
‘‘(E) is permanently sequestered in geologi-
cal formations as a result of the enhanced oil 
and natural gas recovery process. 
‘‘(2) ANTHROPOGENIC SOURCE.—An anthropo-
genic source of carbon dioxide is an industrial 
source, including any of the following types of 
plants, and facilities related to such plant— 
‘‘(A) a coal and natural gas fired electrical 
generating power station, 
‘‘(B) a natural gas processing and treating 
plant, 
‘‘(C) an ethanol plant, 
‘‘(D) a fertilizer plant, and 
‘‘(E) a chemical plant. 
‘‘(3) DEFINITIONS.— 
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‘‘(A) QUALIFIED ENHANCED OIL AND NAT-
URAL GAS RECOVERY.—The term ‘qualified en-
hanced oil and natural gas recovery’ has the 
meaning given such term by section 43(c)(2). 
‘‘(B) TERTIARY
INJECTANT.—The term 
‘tertiary injectant’ has the same meaning as 
when used within section 193(b)(1). 
‘‘(d) OTHER DEFINITIONS AND SPECIAL RULES.— 
For purposes of this section— 
‘‘(1) ONLY CARBON DIOXIDE CAPTURED WITH-
IN THE UNITED STATES TAKEN INTO ACCOUNT.— 
Sales shall be taken into account under this section 
only with respect to qualified carbon dioxide of 
which is within— 
‘‘(A) the United States (within the mean-
ing of section 638(1)), or 
‘‘(B) a possession of the United States 
(within the meaning of section 638(2)). 
‘‘(2) RECYCLED CARBON DIOXIDE.—The term 
‘qualified carbon dioxide’ includes the initial deposit 
of captured carbon dioxide used as a tertiary 
injectant. Such term does not include carbon dioxide 
that is re-captured, recycled, and re-injected as part 
of the enhanced oil and natural gas recovery process. 
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‘‘(3) CREDIT ATTRIBUTABLE TO TAXPAYER.— 
Any credit under this section shall be attributable to 
the person that captures, treats, compresses, trans-
ports and sells the carbon dioxide for use as a ter-
tiary injectant in enhanced oil and natural gas re-
covery, except to the extent provided in regulations 
prescribed by the Secretary.’’. 
(b) CONFORMING AMENDMENT.—Section 38(b) (re-
lating to general business credit), as amended by section 
302, is amended by striking ‘‘plus’’ at the end of para-
graph (31), by striking the period at the end of paragraph 
(32) and inserting ‘‘, plus’’, and by adding at the end of 
following new paragraph: 
‘‘(33) the captured carbon dioxide tertiary 
injectant credit determined under section 45P(a).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart B of part IV of subchapter A of chapter 1 
(relating to other credits) is amended by adding at the 
end the following new section: 
‘‘Sec. 45P. Credit for carbon dioxide captured from industrial sources and used 
as a tertiary injectant in enhanced oil and natural gas recov-
ery.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
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Subtitle B—Termination of Con-
gressional Moratoria on Oil and 
Gas Development on the Outer 
Continental Shelf 
SEC. 411. TERMINATION OF LAWS PROHIBITING EXPENDI-
TURES FOR OIL AND NATURAL GAS LEASING 
AND PRELEASING ACTIVITIES REGARDING 
AREAS OF THE OUTER CONTINENTAL SHELF. 
All provisions of existing Federal law prohibiting the 
spending of appropriated funds to conduct oil and natural 
gas leasing and preleasing activities for any area of the 
Outer Continental Shelf shall have no force or effect. 
Subtitle C—Oil and Gas Develop-
ment on the Coastal Plain of 
Alaska 
SEC. 421. SHORT TITLE. 
This subtitle may be cited as the ‘‘American-Made 
Energy and Good Jobs Act’’. 
SEC. 422. DEFINITIONS. 
In this subtitle: 
(1) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area described in appendix I to 
part 37 of title 50, Code of Federal Regulations. 
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(2) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
SEC. 423. LEASING PROGRAM FOR LANDS WITHIN THE 
COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall take such ac-
tions as are necessary— 
(1) to establish and implement, in accordance 
with this subtitle and acting through the Director of 
the Bureau of Land Management in consultation 
with the Director of the United States Fish and 
Wildlife Service, a competitive oil and gas leasing 
program that will result in an environmentally sound 
program for the exploration, development, and pro-
duction of the oil and gas resources of the Coastal 
Plain; and 
(2) to administer the provisions of this subtitle 
through regulations, lease terms, conditions, restric-
tions, prohibitions, stipulations, and other provisions 
that ensure the oil and gas exploration, development, 
and production activities on the Coastal Plain will 
result in no significant adverse effect on fish and 
wildlife, their habitat, subsistence resources, and the 
environment, including, in furtherance of this goal, 
by requiring the application of the best commercially 
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available technology for oil and gas exploration, de-
velopment, and production to all exploration, devel-
opment, and production operations under this sub-
title in a manner that ensures the receipt of fair 
market value by the public for the mineral resources 
to be leased. 
(b) REPEAL.— 
(1) REPEAL.—Section 1003 of the Alaska Na-
tional Interest Lands Conservation Act of 1980 (16 
U.S.C. 3143) is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
contents in section 1 of such Act is amended by 
striking the item relating to section 1003. 
(c) COMPLIANCE WITH REQUIREMENTS UNDER CER-
TAIN OTHER LAWS.— 
(1) COMPATIBILITY.—For purposes of the Na-
tional Wildlife Refuge System Administration Act of 
1966 (16 U.S.C. 668dd et seq.), the oil and gas 
leasing program and activities authorized by this 
section in the Coastal Plain are deemed to be com-
patible with the purposes for which the Arctic Na-
tional Wildlife Refuge was established, and no fur-
ther findings or decisions are required to implement 
this determination. 
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(2) ADEQUACY OF THE DEPARTMENT OF THE 
INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT 
STATEMENT.—The 
‘‘Final 
Legislative 
Environ-
mental Impact Statement’’ (April 1987) on the 
Coastal Plain prepared pursuant to section 1002 of 
the Alaska National Interest Lands Conservation 
Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) 
of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)(C)) is deemed to satisfy the re-
quirements under the National Environmental Policy 
Act of 1969 that apply with respect to prelease ac-
tivities, including actions authorized to be taken by 
the Secretary to develop and promulgate the regula-
tions for the establishment of a leasing program au-
thorized by this subtitle before the conduct of the 
first lease sale. 
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.—Before conducting the first lease sale under 
this subtitle, the Secretary shall prepare an environ-
mental impact statement under the National Envi-
ronmental Policy Act of 1969 with respect to the ac-
tions authorized by this Act that are not referred to 
in paragraph (2). Notwithstanding any other law, 
the Secretary is not required to identify nonleasing 
alternative courses of action or to analyze the envi-
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