I 
110TH CONGRESS 
2D SESSION 
H. R. 6161 
To provide for American energy independence by July 4, 2015. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2008 
Mr. ROGERS of Michigan introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Commit-
tees on Ways and Means, Natural Resources, Transportation and Infra-
structure, Rules, and Science and Technology, 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 provide for American energy independence by July 4, 
2015. 
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 
‘‘American Energy Independence Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—PASSENGER AUTOMOBILE REPLACEMENT CREDIT 
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Sec. 101. Passenger automobile replacement credit. 
TITLE II—ENERGY EFFICIENT SERVER COMPUTER CREDIT 
Sec. 201. Energy efficient server computer credit. 
TITLE III—LOAN GUARANTEES FOR ADVANCED CONSERVATION 
AND 
FUEL 
EFFICIENCY 
MOTOR 
VEHICLE 
TECHNOLOGY 
PROJECTS 
Sec. 301. Authority. 
Sec. 302. Amount. 
TITLE IV—TRANSPORTATION TECHNOLOGY 
Sec. 401. Addition to CMAQ-eligible projects. 
TITLE V—COAL-TO-LIQUID AVIATION FUEL 
Sec. 501. Aviation fuel produced from clean coal and alternative and unconven-
tional domestic feedstocks for civilian and military aircraft. 
TITLE VI—NUCLEAR ENERGY 
Sec. 601. Incentives for innovative technologies. 
Sec. 602. Standby support for certain nuclear plant delays. 
Sec. 603. Authorization for nuclear power 2010 program. 
Sec. 604. Domestic manufacturing base for nuclear components and equipment. 
Sec. 605. Nuclear energy workforce. 
Sec. 606. Licensing of new nuclear power plants. 
Sec. 607. Investment tax credit for investments in nuclear power facilities. 
Sec. 608. National Nuclear Energy Council. 
Sec. 609. Temporary spent nuclear fuel storage agreements. 
Sec. 610. Implementation of temporary spent nuclear fuel storage agreements. 
Sec. 611. Expedited procedures for congressional review of temporary spent nu-
clear fuel storage agreements. 
Sec. 612. Contracting and Nuclear Waste Fund. 
Sec. 613. Confidence in availability of waste disposal. 
TITLE VII—ENERGY PRODUCTION AND CONSERVATION TAX 
INCENTIVES 
Sec. 700. Amendment of 1986 Code. 
Subtitle A—Extension of Clean Energy Production Incentives 
Sec. 701. Extension and modification of renewable energy production tax credit. 
Sec. 702. Extension and modification of solar energy and fuel cell investment 
tax credit. 
Sec. 703. Extension and modification of residential energy efficient property 
credit. 
Sec. 704. Extension and modification of credit for clean renewable energy 
bonds. 
Sec. 705. Extension of special rule to implement FERC restructuring policy. 
Subtitle B—Extension of Incentives to Improve Energy Efficiency 
Sec. 711. Extension and modification of credit for energy efficiency improve-
ments to existing homes. 
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Sec. 712. Extension and modification of tax credit for energy efficient new 
homes. 
Sec. 713. Extension and modification of energy efficient commercial buildings 
deduction. 
Sec. 714. Modification and extension of energy efficient appliance credit for ap-
pliances produced after 2007. 
TITLE VIII—REPEAL OF LIMITATION ON TAX CREDIT FOR 
EFFICIENT WINDOWS 
Sec. 801. Repeal of separate dollar limitation applicable to efficient windows 
under the nonbusiness energy property credit. 
TITLE IX—NEW DOMESTIC SUPPLIES OF OIL AND GAS 
Subtitle A—Arctic National Wildlife Refuge 
Sec. 901. Short title. 
Sec. 902. Definitions. 
Sec. 903. Leasing program for lands within the Coastal Plain. 
Sec. 904. Lease sales. 
Sec. 905. Grant of leases by the Secretary. 
Sec. 906. Lease terms and conditions. 
Sec. 907. Coastal plain environmental protection. 
Sec. 908. Expedited judicial review. 
Sec. 909. Federal and State distribution of revenues. 
Sec. 910. Rights-of-way across the Coastal Plain. 
Sec. 911. Conveyance. 
Sec. 912. Local government impact aid and community service assistance. 
Subtitle B—Offshore Oil and Gas 
Sec. 921. Termination of moratoria on leasing and permitting. 
TITLE X—CLIMATE CHANGE RESEARCH AND DEVELOPMENT 
FUNDING 
Sec. 1001. Applied research. 
TITLE 
I—PASSENGER 
AUTO-
MOBILE 
REPLACEMENT 
CREDIT 
SEC. 101. PASSENGER AUTOMOBILE REPLACEMENT CRED-
IT. 
(a) IN GENERAL.—Subpart C of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by redesignating section 36 as section 
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37 and by inserting after section 35 the following new sec-
tion: 
‘‘SEC. 36. PASSENGER AUTOMOBILE REPLACEMENT CRED-
IT. 
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an in-
dividual, there shall be allowed as a credit against the tax 
imposed by this subtitle an amount equal to the amount 
paid or incurred by the taxpayer during the taxable year 
for a new passenger automobile in connection with a quali-
fied trade-in. 
‘‘(b) LIMITATIONS.— 
‘‘(1) DOLLAR LIMITATION.—The credit allowed 
under this section shall not exceed $1,500 with re-
spect to any taxpayer for any taxable year. 
‘‘(2) NO
CREDIT
WITH
RESPECT
TO
AUTO-
MOBILE
MANUFACTURERS
OUT
OF
COMPLIANCE 
WITH CAFE´ STANDARDS.—No credit shall be allowed 
under subsection (a) with respect to the purchase of 
any new passenger automobile if a penalty was im-
posed under chapter 329 of title 49, United States 
Code, with respect to the manufacturer of such new 
passenger automobile at any time during the 1-year 
period ending on the date of such purchase. 
‘‘(c) QUALIFIED TRADE-IN.—For purposes of this 
section— 
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‘‘(1) IN GENERAL.—The term ‘qualified trade- 
in’ means, with respect to the purchase of any new 
passenger automobile, the transfer of a qualified 
used automobile to the dealer from whom such new 
passenger automobile is purchased as part of the 
same transaction as such purchase. 
‘‘(2) QUALIFIED
USED
AUTOMOBILE.—The 
term ‘qualified used automobile’ means any pas-
senger automobile which was originally placed in 
service at least 15 years before the date of the quali-
fied trade-in and title to which has been held by the 
taxpayer at all times during the 2-year period ending 
on the date of the qualified trade-in.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 6211(b)(4)(A) of the Internal Rev-
enue Code of 1986 is amended by striking ‘‘34,’’ and 
all that follows through ‘‘6428’’ and inserting ‘‘34, 
35, 36, 53(e), and 6428’’. 
(2) Section 1324(b)(2) of title 31, United 
States Code, is amended by inserting ‘‘, 36,’’ after 
‘‘section 35’’. 
(3) The table of sections for subpart C of part 
IV of subchapter A of chapter 1 of the Internal Rev-
enue Code of 1986 is amended by redesignating the 
item relating to section 36 as an item relating to 
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section 37 and by inserting before such item the fol-
lowing new item: 
‘‘Sec. 36. Passenger automobile replacement credit.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
TITLE II—ENERGY EFFICIENT 
SERVER COMPUTER CREDIT 
SEC. 201. ENERGY EFFICIENT SERVER COMPUTER CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to business-related credits) is amended by 
adding at the end the following new section: 
‘‘SEC. 45O. ENERGY EFFICIENT SERVER COMPUTER CRED-
IT. 
‘‘(a) GENERAL RULE.—For purposes of section 38, 
the energy efficient server computer credit determined 
under this section for the taxable year is an amount equal 
to 20 percent of the amount paid or incurred by the tax-
payer during the taxable year for server computers which 
meet the Energy Star program requirements and are used 
in the taxpayer’s trade or business. 
‘‘(b) NO DOUBLE BENEFIT.—No deduction or credit 
shall be allowed under any other provision of this chapter 
with respect to the amount of the credit determined under 
this section.’’. 
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(b) CREDIT TO BE PART OF GENERAL BUSINESS 
CREDIT.—Subsection (b) of section 38 of such Code (re-
lating to general business credit) 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 energy efficient server computer cred-
it determined under section 45O(a).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
of such Code is amended by inserting after the item relat-
ing to section 45N the following new item: 
‘‘Sec. 45O. Energy efficient server computer credit.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
TITLE III—LOAN GUARANTEES 
FOR ADVANCED CONSERVA-
TION AND FUEL EFFICIENCY 
MOTOR 
VEHICLE 
TECH-
NOLOGY PROJECTS 
SEC. 301. AUTHORITY. 
Section 1703 of the Energy Policy Act of 2005 (42 
U.S.C. 16513) is amended by adding at the end the fol-
lowing new subsection: 
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‘‘(f) FUEL EFFICIENT VEHICLE PROJECTS.—The 
Secretary shall make guarantees under this title to motor 
vehicle manufacturers and suppliers in the United States 
for advanced conservation and fuel efficiency motor vehicle 
technology projects for the production of new motor vehi-
cles that do not exceed 10,000 lbs. gross vehicle weight, 
including gasoline and diesel vehicles, flexible fuel vehicles, 
and hybrid electric vehicles, that reduce dependence on oil 
and the emissions of one or more greenhouse gases.’’. 
SEC. 302. AMOUNT. 
Section 1702(c) of the Energy Policy Act of 2005 (42 
U.S.C. 16512(c)) is amended by adding at the end the 
following: ‘‘In the case of advanced conservation and fuel 
efficiency motor vehicle technology projects under section 
1703(f), the aggregate amount of guarantees under this 
title shall not exceed $20,000,000,000.’’. 
TITLE IV—TRANSPORTATION 
TECHNOLOGY 
SEC. 401. ADDITION TO CMAQ-ELIGIBLE PROJECTS. 
(a) IN GENERAL.—Section 149(b) of title 23, United 
States Code, is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(6); 
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; or’’; and 
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(3) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) if the project or program is for operation 
and maintenance of intelligent transportation system 
strategies that serve a nonattainment or mainte-
nance area.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall take effect on October 1, 2008. 
TITLE V—COAL-TO-LIQUID 
AVIATION FUEL 
SEC. 501. AVIATION FUEL PRODUCED FROM CLEAN COAL 
AND ALTERNATIVE AND UNCONVENTIONAL 
DOMESTIC FEEDSTOCKS FOR CIVILIAN AND 
MILITARY AIRCRAFT. 
(a) ESTABLISHMENT OF ALTERNATIVE JET FUEL 
PROGRAM.—From amounts made available under section 
48102(a) of title 49, United States Code, the Secretary 
of Transportation, in consultation with the Secretary of 
the Air Force, shall establish a program related to devel-
oping jet fuel produced from clean coal and from alter-
native and unconventional domestic feedstocks. The pro-
gram shall include participation by educational and re-
search institutions that have existing facilities and experi-
ence in the development and deployment of technologies 
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that process coal and alternative and unconventional do-
mestic feedstocks into aviation fuel. 
(b) PROGRAM REQUIREMENTS.—Any alternative jet 
fuel program established by a Federal agency, including 
the program established under subsection (a) and the De-
partment of the Air Force alternative jet fuel program, 
may include grants, reimbursable agreements, long-term 
contracts, and other instruments authorized under section 
106(l)(6) of title 49, United States Code. Such program 
may include long-term contracts or agreements for the ac-
quisition of alternative jet fuel, but only if such contracts 
or agreements are— 
(1) for a term of not more than 25 years; 
(2) at a price that is competitive, throughout 
the term of the contract or agreement, with the mar-
ket price of petroleum-derived aviation fuel of simi-
lar quality; and 
(3) for a fuel that has lower lifecycle green-
house gas emissions as compared to the lifecycle 
greenhouse gas emissions of the petroleum-based 
aviation fuel that was displaced. 
(c) CLARIFICATION.—In the case of a Federal agency 
agreement for alternative jet fuel, the lifecycle greenhouse 
gas emissions associated with the production and combus-
tion of the fuel supplied under the contract shall be consid-
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ered to be less than such emissions from the equivalent 
conventional fuel produced from conventional petroleum 
sources if such emissions are determined to be lower— 
(1) by peer-reviewed research conducted or re-
viewed by a national laboratory; or 
(2) by the head of the Federal agency, based on 
available research and testing. 
(d) DESIGNATION OF INSTITUTION AS A CENTER OF 
EXCELLENCE.—Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall designate an institution de-
scribed in subsection (a) as a Center for Excellence for 
Coal-to-Jet-Fuel Research. 
(e) TAX CREDIT FOR ALTERNATIVE AND UNCONVEN-
TIONAL AVIATION FUEL MIXTURE.— 
(1) IN GENERAL.—Section 6426 of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new subsection: 
‘‘(i) ALTERNATIVE AND UNCONVENTIONAL AVIATION 
FUEL MIXTURE.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the alternative and unconventional aviation fuel 
mixture credit is the product of 50 cents and the 
number of gallons of alternative and unconventional 
aviation fuel used by the taxpayer in producing any 
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alternative and unconventional aviation fuel mixture 
for sale or use in a trade or business of the tax-
payer. 
‘‘(2) ALTERNATIVE
AND
UNCONVENTIONAL 
AVIATION
FUEL
MIXTURE.—For purposes of this 
subsection, the term ‘alternative and unconventional 
aviation fuel mixture’ means a mixture of alternative 
and unconventional aviation fuel and aviation-grade 
kerosene which— 
‘‘(A) is sold by the taxpayer producing 
such mixture to any person for use as a fuel; 
or 
‘‘(B) is used as a fuel by the taxpayer pro-
ducing such mixture. 
‘‘(3) ALTERNATIVE
AND
UNCONVENTIONAL 
AVIATION FUEL.—For purposes of this subsection, 
the term ‘alternative and unconventional aviation 
fuel’ means aviation fuel that is produced from un-
conventional resources (including coal, natural gas, 
biomass, ethanol, butanol, and hydrogen) and is de-
termined, through peer-reviewed research conducted 
or reviewed by a national laboratory, or by the head 
of a Federal agency, would produce lower lifecycle 
greenhouse gas emissions, as compared to the 
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lifecycle greenhouse gas emissions of the displaced 
aviation fuel. 
‘‘(4) TERMINATION.—This subsection shall not 
apply to any sale or use for any period after Decem-
ber 31, 2016.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
6426(a)(1) of the Internal Revenue Code of 1986 is 
amended by striking ‘‘and (e)’’ and inserting ‘‘(e), 
and (i)’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to any sale or use 
after the date of the enactment of this Act. 
(f) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Department of Transportation, Federal 
Aviation Administration, Department of the Air Force, 
and other Federal agencies should continue research, test-
ing, evaluation, and use of alternative fuels as defined in 
this section with the goals of— 
(1) reducing emissions; 
(2) lowering the cost of aviation fuel; and 
(3) increasing the performance, reliability, and 
security of aviation fuel production and supply. 
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TITLE VI—NUCLEAR ENERGY 
SEC. 601. INCENTIVES FOR INNOVATIVE TECHNOLOGIES. 
(a) 
DEFINITION
OF
PROJECT
COST.—Section 
1701(1) of the Energy Policy Act of 2005 (42 U.S.C. 
16511(1)) is amended by inserting a new paragraph (4) 
and renumbering the paragraphs accordingly: 
‘‘(4) PROJECT COST.—The term ‘project cost’ 
means all costs associated with the development, 
planning, design, engineering, permitting and licens-
ing, construction, commissioning, start-up, shake-
down and financing of the facility, including but not 
limited to reasonable escalation and contingencies, 
the cost of and fees for the guarantee, reasonably re-
quired reserve funds, initial working capital and in-
terest during construction.’’. 
(b) TERMS AND CONDITIONS.—Section 1702 of the 
Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
by striking subsections (b) and (c) and inserting the fol-
lowing: 
‘‘(b) SPECIFIC
APPROPRIATION
OR
CONTRIBU-
TION.— 
‘‘(1) IN
GENERAL.—No guarantee shall be 
made unless— 
‘‘(A) an appropriation for the cost has 
been made; or 
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‘‘(B) the Secretary has received from the 
borrower a payment in full for the cost of the 
obligation and deposited the payment into the 
Treasury; or 
‘‘(C) a combination of (A) and (B) has 
been made, that when combined is sufficient to 
cover the cost of the obligation. 
‘‘(2) RELATION TO OTHER LAWS.—Section 504 
(b) of the Federal Credit Reform Act of 1990 (2 
U.S.C. 661c (b)) shall not apply to a loan guarantee 
made in accordance with paragraph (1)(B).’’. 
(c) AMOUNT.—Section 1702 of the Energy Policy Act 
of 2005 (42 U.S.C. 16512) is amended by striking sub-
section (c) and inserting the following: 
‘‘(c) AMOUNT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary shall guarantee 100 percent of the ob-
ligation for a facility that is the subject of the guar-
antee, or a lesser amount if requested by the bor-
rower. 
‘‘(2) LIMITATION.—The total amount of loans 
guaranteed for a facility by the Secretary shall not 
exceed 80 percent of the total cost of the facility, as 
estimated at the time at which the guarantee is 
issued.’’. 
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(d) FEES.—Section 1702(h) of the Energy Policy Act 
of 2005 (42 U.S.C. 16512(h)) is amended by striking 
paragraph (2) and inserting the following: 
‘‘(2) AVAILABILITY.—Fees collected under this 
subsection shall— 
‘‘(A) be deposited by the Secretary into a 
special fund in the Treasury to be known as the 
‘Incentives For Innovative Technologies Fund’; 
and 
‘‘(B) remain available to the Secretary for 
expenditure, without further appropriation or 
fiscal year limitation, for administrative ex-
penses incurred in carrying out this title.’’. 
SEC. 602. STANDBY SUPPORT FOR CERTAIN NUCLEAR 
PLANT DELAYS. 
(a) DEFINITIONS.—Section 638(a) of the Energy 
Policy Act of 2005 (42 U.S.C. 16014(a)) is amended as 
follows: 
(1) By inserting the following: 
‘‘(4) FULL POWER OPERATION.—The term ‘full 
power operation’ means whichever occurs first of— 
‘‘(A) the ‘commercial operation date’ or 
the equivalent under the terms of the financing 
documents for such facility, or 
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‘‘(B) operation of such facility at an aver-
age of 50 percent or greater of nameplate ca-
pacity over any consecutive 30-day period. 
‘‘(5) INCREASED
PROJECT
COSTS.—The term 
‘increased project costs’ means the increased cost of 
constructing, commissioning, testing, operating or 
maintaining a reactor prior to full-power operation 
incurred as a result of a delay covered by the con-
tract including but not limited to costs of demobili-
zation and remobilization, increased costs of equip-
ment, materials and labor due to delay (including 
idle time), increased general and administrative 
costs, and escalation costs for completing construc-
tion. 
‘‘(6) LITIGATION.—The term ‘litigation’ means 
adjudication in Federal, State, local or tribal courts 
and administrative proceedings or hearings at or be-
fore Federal, State, local or tribal agencies or ad-
ministrative bodies.’’. 
(2) By redesignating paragraph (4) as para-
graph (7). 
(b) CONTRACT AUTHORITY.—Section 638(b) of the 
Energy Policy Act of 2005 (42 U.S.C. §16014(b)) is 
amended by striking paragraph (1) and inserting the fol-
lowing: 
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‘‘(1) IN GENERAL.—The Secretary may enter 
into contracts under this section with sponsors of an 
advanced nuclear facility that cover at any one time 
outstanding a total of not more than 6 reactors, 
with the 6 reactors consisting of not more than 3 
different reactor designs, in accordance with para-
graph (2). In the event that any contract entered 
into under this section terminates or expires without 
a claim being paid by the Secretary thereunder, then 
the Secretary may enter into a new contract under 
this section in replacement or substitution for such 
contract.’’. 
(c) COVERED COSTS.—Section 638(d) of the Energy 
Policy Act of 2005 (42. U.S.C. §16014(d)) is amended 
by striking paragraphs (2) and (3) and inserting the fol-
lowing: 
‘‘(2) COVERAGE.—In the case of reactors that 
receive combined licenses and on which construction 
is commenced, the Secretary shall pay— 
‘‘(A) 100 percent of the covered costs of 
delay that occur after the initial 30-day period 
of covered delay; but 
‘‘(B) not more than $500,000,000 per con-
tract. 
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‘‘(3) COVERED DEBT OBLIGATIONS.—Debt obli-
gations covered under subparagraph (A) of para-
graph (5) shall include but not be limited to debt ob-
ligations incurred to pay increased project costs.’’. 
(d) DISPUTE RESOLUTION.—Section 638 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16014) is amended 
as follows: 
(1) by inserting the following: 
‘‘(f) DISPUTE RESOLUTION.—Any controversy or 
claim arising out of or relating to any contract entered 
into under this section shall be determined by arbitration 
in Washington, DC according to the then prevailing Com-
mercial Arbitration Rules of the American Arbitration As-
sociation. A decision by the arbitrator(s) shall be final and 
binding, and any court having jurisdiction may enter judg-
ment on it.’’; and 
(2) by designating subsections (f), (g), and (h) 
as subsections (g), (h), and (i) respectively. 
SEC. 603. AUTHORIZATION FOR NUCLEAR POWER 2010 PRO-
GRAM. 
Section 952(c) of the Energy Policy Act of 2005 (42 
U.S.C. 16014) is amended by striking subsections (1) and 
(2) and substituting the following: 
(1) IN
GENERAL.—The Secretary shall carry 
out a Nuclear Power 2010 Program to position the 
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nation to start construction of new nuclear power 
plants by 2010 or as close to 2010 as achievable. 
(2) SCOPE OF PROGRAM.—The Nuclear Power 
2010 Program shall be cost-shared with the private 
sector and shall support the following objectives: 
(A) Demonstrating the licensing process 
for new nuclear power plants, including the Nu-
clear Regulatory Commission process for ob-
taining early site permits (EPS), combined con-
struction/operating licenses (cols), and design 
certifications. 
(B) Conducting first-of-a-kind design and 
engineering work on at least two advanced nu-
clear reactor designs sufficient to bring those 
designs to a state of design completion suffi-
cient to allow development of firm cost esti-
mates. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary to carry out the Nuclear Power 2010 Pro-
gram— 
(A) $182,800,000 for fiscal year 2008; 
(B) $159,600,000 for fiscal year 2009; 
(C) $135,600,000 for fiscal year 2010; 
(D) $46,900,000 for fiscal year 2011; and 
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(E) $2,200,000 for fiscal year 2012. 
SEC. 604. DOMESTIC MANUFACTURING BASE FOR NUCLEAR 
COMPONENTS AND EQUIPMENT. 
(a) ESTABLISHMENT
OF INTERAGENCY WORKING 
GROUP.— 
(1) PURPOSES.— 
(A) to increase the competitiveness of the 
United States nuclear energy products and 
services industries; 
(B) to identify the stimulus or incentives 
necessary to cause United States manufacturers 
of nuclear energy products to expand manufac-
turing capacity; 
(C) to facilitate the export of United 
States nuclear energy products and services; 
(D) to reduce the trade deficit of the 
United States through the export of United 
States nuclear energy products and services; 
(E) to retain and create nuclear energy 
manufacturing and related service jobs in the 
United States; 
(F) to integrate the objectives in para-
graphs (1) through (4) in a manner consistent 
with the interests of the United States, into the 
foreign policy of the United States; and 
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(G) to authorize funds for increasing 
United States capacity to manufacture nuclear 
energy products and supply nuclear energy 
services. 
(2) ESTABLISHMENT.— 
(A) There shall be established an inter-
agency working group that, in consultation with 
representative industry organizations and man-
ufacturers of nuclear energy products, shall 
make recommendations to coordinate the ac-
tions and programs of the Federal Government 
in order to promote increasing domestic manu-
facturing capacity and export of domestic nu-
clear energy products and services. 
(B) The Interagency Working Group shall 
be composed of— 
(i) The Secretary of Energy, or the 
Secretary’s designee, shall chair the inter-
agency working group. The Secretary of 
Energy shall provide staff for carrying out 
the functions of the interagency working 
group established under this section. 
(ii) representatives of— 
(I) the Department of Energy; 
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(II) the Department of Com-
merce; 
(III) the Department of Defense; 
(IV) the Department of Treas-
ury; 
(V) the Department of State; 
(VI) the Environmental Protec-
tion Agency; 
(VII) the United States Agency 
for International Development; 
(VIII) the Export-Import Bank 
of the United States; 
(IX) the Trade and Development 
Agency; 
(X) the Small Business Adminis-
tration; 
(XI) the Office of the U.S. Trade 
Representative; and 
(XII) other Federal agencies, as 
determined by the President. 
(iii) The heads of appropriate agencies 
shall detail such personnel and furnish 
such services to the interagency group, 
with or without reimbursement, as may be 
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necessary to carry out the group’s func-
tions. 
(3) DUTIES OF THE INTERAGENCY WORKING 
GROUP.— 
(A) Within six months of enactment, the 
interagency working group established under 
section (1)(A) shall identify the actions nec-
essary to promote the safe development and ap-
plication in foreign countries of nuclear energy 
products and services in order to— 
(i) increase electricity generation from 
nuclear energy sources through develop-
ment of new generation facilities; 
(ii) improve the efficiency, safety and/ 
or reliability of existing nuclear generating 
facilities through modifications; and 
(iii) enhance the safe treatment, han-
dling, storage and disposal of used nuclear 
fuel. 
(B) Within 6 months of enactment, the 
interagency working group shall identify mecha-
nisms (including, but not limited to, tax stim-
ulus for investment, loans and loan guarantees, 
and grants) necessary for United States compa-
nies to increase their capacity to produce or 
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provide nuclear energy products and services, 
and to increase their exports of nuclear energy 
products and services. The interagency working 
group shall identify administrative or legislative 
initiatives necessary to— 
(i) encourage United States compa-
nies to increase their manufacturing capac-
ity for nuclear energy products; 
(ii) provide technical and financial as-
sistance and support to small and mid- 
sized businesses to establish quality assur-
ance programs in accordance with domestic 
and international nuclear quality assurance 
code requirements; 
(iii) encourage, through financial in-
centives, private sector capital investment 
to expand manufacturing capacity; and 
(iv) provide technical assistance and 
financial incentives to small and mid-sized 
businesses to develop the work-force nec-
essary to increase manufacturing capacity 
and meet domestic and international nu-
clear quality assurance code requirements. 
(C) Within 9 months of enactment, the 
interagency working group shall provide a re-
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port to Congress on its findings under Section 
(2)(A) and (B), including recommendations for 
new legislative authority where necessary. 
(4) 
TRADE
ASSISTANCE.—The 
interagency 
working group shall encourage the member agencies 
of the interagency working group to— 
(A) provide technical training and edu-
cation for international development personnel 
and local users in their own country; 
(B) provide financial and technical assist-
ance to nonprofit institutions that support the 
marketing and export efforts of domestic com-
panies that provide nuclear energy products and 
services; 
(C) develop nuclear energy projects in for-
eign countries; 
(D) provide technical assistance and train-
ing materials to loan officers of the World 
Bank, international lending institutions, com-
mercial and energy attaches at embassies of the 
United States and other appropriate personnel 
in order to provide information about nuclear 
energy products and services to foreign govern-
ments or other potential project sponsors; 
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(E) support, through financial incentives, 
private sector efforts to commercialize and ex-
port nuclear energy products and services in ac-
cordance with the subsidy codes of the World 
Trade Organization; and 
(F) augment budgets for trade and devel-
opment 
programs 
in 
order 
to 
support 
prefeasibility or feasibility studies for projects 
that utilize nuclear energy products and serv-
ices. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary for purposes of carrying out this title 
$20,000,000 for fiscal years 2008 and 2009. 
(b) CREDIT
FOR QUALIFYING NUCLEAR POWER 
MANUFACTURING.—Subpart E of part IV of subchapter 
A of chapter 1 of the Internal Revenue Code is amended 
by inserting after section 48B the following new section: 
‘‘SEC. 
48C. 
QUALIFYING 
NUCLEAR 
POWER 
MANUFAC-
TURING CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 46, the 
qualifying nuclear power manufacturing credit for any 
taxable year is an amount equal to 20 percent of the quali-
fied investment for such taxable year. 
‘‘(b) QUALIFIED INVESTMENT.— 
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‘‘(1) IN GENERAL.—For purposes of subsection 
(a), the qualified investment for any taxable year is 
the basis of eligible property placed in service by the 
taxpayer during such taxable year— 
‘‘(A) which is either part of a qualifying 
nuclear power manufacturing project or is 
qualifying nuclear power manufacturing equip-
ment, 
‘‘(B)(i) the construction, reconstruction, or 
erection of which is completed by the taxpayer, 
or 
‘‘(ii) which is acquired by the taxpayer if 
the original use of such property commences 
with the taxpayer, 
‘‘(C) with respect to which depreciation (or 
amortization in lieu of depreciation) is allow-
able, and 
‘‘(D) which is placed in service on or be-
fore December 31, 2015. 
‘‘(2) SPECIAL RULE FOR CERTAIN SUBSIDIZED 
PROPERTY.—Rules similar to section 48(a)(4) shall 
apply for purposes of this section. 
‘‘(3) CERTAIN QUALIFIED PROGRESS EXPENDI-
TURES RULES MADE APPLICABLE.—Rules similar to 
the rules of subsections (c)(4) and (d) of section 46 
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(as in effect on the day before the enactment of the 
Revenue Reconciliation Act of 1990) shall apply for 
purposes of this section. 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) QUALIFYING NUCLEAR POWER MANUFAC-
TURING
PROJECT.—The term ‘qualifying nuclear 
power manufacturing project’ means any project 
which is designed primarily to enable the taxpayer to 
produce or test equipment necessary for the con-
struction or operation of a nuclear power plant. 
‘‘(2) QUALIFYING NUCLEAR POWER MANUFAC-
TURING EQUIPMENT.—The term ‘qualifying nuclear 
power manufacturing equipment’ means machine 
tools and other similar equipment, including com-
puters and other peripheral equipment, acquired or 
constructed primarily to enable the taxpayer to 
produce or test equipment necessary for the con-
struction or operation of a nuclear power plant. 
‘‘(3) PROJECT.—The term ‘project’ includes 
any building constructed to house qualifying nuclear 
power manufacturing equipment.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) ADDITIONAL
INVESTMENT
CREDIT.—Sec-
tion 46 is amended by— 
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(A) striking ‘‘and’’ at the end of paragraph 
(3); 
(B) striking the period at the end of para-
graph (4) and inserting ‘‘, and’’; and 
(C) inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) the qualifying nuclear power manufac-
turing credit.’’. 
(2) APPLICATION
OF
SECTION
49.—Subpara-
graph (C) of section 49(a)(1) is amended by— 
(A) striking ‘‘and’’ at the end of clause 
(iii); 
(B) striking the period at the end of clause 
(iv) and inserting ‘‘, and’’; and 
(C) inserting after clause (iv) the following 
new clause: 
‘‘(v) the basis of any property which 
is part of a qualifying nuclear power equip-
ment manufacturing project under section 
48C.’’. 
(3) TABLE OF SECTIONS.—The table of sections 
preceding section 46 is amended by inserting after 
the line for section 48B the following new line: 
‘‘Sec. 48C. Qualifying nuclear power manufacturing credit.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property— 
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(1) the construction, reconstruction, or erection 
of which of began after the date of enactment; or 
(2) which was acquired by the taxpayer on or 
after the date of enactment and not pursuant to a 
binding contract which was in effect on the day prior 
to the date of enactment. 
SEC. 605. NUCLEAR ENERGY WORKFORCE. 
Section 1101 of the Energy Policy Act of 2005 (42 
U.S.C. 16411) is amended (1) by redesignating subsection 
(d) as subsection (e); and by inserting after subsection (c) 
the following: 
‘‘(d) WORKFORCE TRAINING.— 
‘‘(1) IN GENERAL.—The Secretary of Labor, in 
cooperation with the Secretary of Energy, shall pro-
mulgate regulations to implement a program to pro-
vide workforce training to meet the high demand for 
workers skilled in the nuclear utility and nuclear en-
ergy products and services industries. 
‘‘(2) CONSULTATION.—In carrying out this sub-
section, the Secretary of Labor shall consult with 
representatives of the nuclear utility and nuclear en-
ergy products and services industries, and organized 
labor, concerning skills that are needed in those in-
dustries. 
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‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary of Labor, working in coordination with the 
Secretaries of Education and Energy $20,000,000 
for each of fiscal years 2008 through 2012 for use 
in implementing a program to provide workforce 
training to meet the high demand for workers skilled 
in the nuclear utility and nuclear energy products 
and services industries.’’. 
SEC. 606. LICENSING OF NEW NUCLEAR POWER PLANTS. 
Sections 189 and 185 of the Atomic Energy Act are 
amended thus: 
(1) HEARINGS AND JUDICIAL REVIEW.—Section 
189a.(1)(A) is modified thus: ‘‘In any proceeding 
under this Act, for the granting, suspending, revok-
ing, or amending of any license or construction per-
mit, or application to transfer control, and in any 
proceeding for the issuance or modification of rules 
and regulations dealing with the activities of licens-
ees, and in any proceeding for the payment of com-
pensation, an award, or royalties under section 153, 
157, 186c., or 188, the Commission shall grant a 
hearing upon the request of any person whose inter-
est may be affected by the proceeding, and shall 
admit any such person as a party to such pro-
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ceeding. The Commission may, in the absence of a 
request therefor by any person whose interest may 
be affected, issue a construction permit, an oper-
ating license or an amendment to a construction per-
mit or an amendment to an operating license with-
out a hearing, but upon thirty days’ notice and pub-
lication once in the Federal Register of its intent to 
do so. The Commission may dispense with such thir-
ty days’ notice and publication with respect to any 
application for an amendment to a construction per-
mit or an amendment to an operating license upon 
a determination by the Commission that the amend-
ment involves no significant hazards consideration.’’. 
(2) CONSTRUCTION PERMITS AND OPERATING 
LICENSES.—Section 185b is modified thus: ‘‘After 
any public hearing held under section 189a.(1)(A), 
the Commission shall issue to the applicant a com-
bined construction and operating license if the appli-
cation contains sufficient information to support the 
issuance of a combined license and the Commission 
determines that there is reasonable assurance that 
the facility will be constructed and will operate in 
conformity with the license, the provisions of this 
Act, and the Commission’s rules and regulations. 
The Commission shall identify within the combined 
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license the inspections, tests, and analyses, including 
those applicable to emergency planning, that the li-
censee shall perform, and the acceptance criteria 
that, if met, are necessary and sufficient to provide 
reasonable assurance that the facility has been con-
structed and will be operated in conformity with the 
license, the provisions of this Act, and the Commis-
sion’s rules and regulations. Following issuance of 
the combined license, the Commission shall ensure 
that the prescribed inspections, tests, and analyses 
are performed and, prior to operation of the facility, 
shall find that the prescribed acceptance criteria are 
met. Any finding made under this subsection shall 
not require a hearing except as provided in section 
189a.(1)(B).’’. 
SEC. 607. INVESTMENT TAX CREDIT FOR INVESTMENTS IN 
NUCLEAR POWER FACILITIES. 
(a) NEW CREDIT
FOR NUCLEAR POWER FACILI-
TIES.—Section 46 is amended by— 
(1) striking ‘‘and’’ at the end of paragraph (3); 
(2) striking the period at the end of paragraph 
(4) and inserting ‘‘, and’’; and 
(3) inserting after paragraph (4) the following 
new paragraph: 
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‘‘(5) the nuclear power facility construction 
credit.’’. 
(b) NUCLEAR
POWER
FACILITY
CONSTRUCTION 
CREDIT.—Subpart E of part IV of subchapter A of chap-
ter 1 is amended by inserting after section 48B the fol-
lowing new section: 
‘‘SEC. 48C. NUCLEAR POWER FACILITY CONSTRUCTION 
CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 46, the 
nuclear power facility construction credit for any taxable 
year is 10 percent of the qualified nuclear power facility 
expenditures with respect to a qualified nuclear power fa-
cility. 
‘‘(b) WHEN
EXPENDITURES
TAKEN
INTO
AC-
COUNT.— 
‘‘(1) IN GENERAL.—Qualified nuclear power fa-
cility expenditures shall be taken into account for 
the taxable year in which the qualified nuclear power 
facility is placed in service. 
‘‘(2) COORDINATION WITH SUBSECTION (c).— 
The amount which would (but for this paragraph) be 
taken into account under paragraph (1) with respect 
to any qualified nuclear power facility shall be re-
duced (but not below zero) by any amount of quali-
fied nuclear power facility expenditures taken into 
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account under subsection (c) by the taxpayer or a 
predecessor of the taxpayer (or, in the case of a sale 
and leaseback described in section 50(a)(2)(C), by 
the lessee), to the extent any amount so taken into 
account has not been required to be recaptured 
under section 50(a). 
‘‘(c) PROGRESS EXPENDITURES.— 
‘‘(1) IN GENERAL.—A taxpayer may elect to 
take into account qualified nuclear power facility ex-
penditures. 
‘‘(A) SELF-CONSTRUCTED PROPERTY.—In 
the case of a qualified nuclear power facility 
which is a self-constructed facility, in the tax-
able year for which such expenditures are prop-
erly chargeable to capital account with respect 
to such facility. 
‘‘(B) ACQUIRED FACILITY.—In the case of 
a qualified nuclear facility which is not self-con-
structed property, in the taxable year in which 
such expenditures are paid. 
‘‘(2) SPECIAL
RULES
FOR
APPLYING
PARA-
GRAPH (1).—For purposes of paragraph (1): 
‘‘(A) COMPONENT PARTS, ETC.—Property 
which is not self-constructed property and 
which is to be a component part of, or is other-
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wise to be included in, any facility to which this 
subsection applies shall be taken into account in 
accordance with paragraph (1)(B). 
‘‘(B) 
CERTAIN
BORROWING
DIS-
REGARDED.—Any amount borrowed directly or 
indirectly by the taxpayer on a nonrecourse 
basis from the person constructing the facility 
for the taxpayer shall not be treated as an 
amount expended for such facility. 
‘‘(C) LIMITATION FOR FACILITIES OR COM-
PONENTS
WHICH
ARE
NOT
SELF-CON-
STRUCTED.— 
‘‘(i) IN GENERAL.—In the case of a 
facility or a component of a facility which 
is not self-constructed, the amount taken 
into account under paragraph (1)(B) for 
any taxable year shall not exceed the 
amount which represents the portion of the 
overall cost to the taxpayer of the facility 
or component of a facility which is prop-
erly attributable to the portion of the facil-
ity or component which is completed dur-
ing such taxable year. 
‘‘(ii) 
CARRY-OVER
OF
CERTAIN 
AMOUNTS.—In the case of a facility or 
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component of a facility which is not self- 
constructed, if for the taxable year— 
‘‘(I) the amount which (but for 
clause (i)) would have been taken into 
account under paragraph (1)(B) ex-
ceeds the limitation of clause (i), then 
the amount of such excess shall be 
taken into account under paragraph 
(1)(B) for the succeeding taxable 
year; or 
‘‘(II) the limitation of clause (i) 
exceeds the amount taken into ac-
count under paragraph (1)(B), then 
the amount of such excess shall in-
crease the limitation of clause (i) for 
the succeeding taxable year. 
‘‘(D) DETERMINATION OF PERCENTAGE OF 
COMPLETION.—The determination under sub-
paragraph (C)(i) of the portion of the overall 
cost to the taxpayer of the construction which 
is properly attributable to construction com-
pleted during any taxable year shall be made on 
the basis of engineering or architectural esti-
mates or on the basis of cost accounting 
records. Unless the taxpayer establishes other-
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wise by clear and convincing evidence, the con-
struction shall be deemed to be completed not 
more rapidly than ratably over the normal con-
struction period. 
‘‘(E) NO
PROGRESS
EXPENDITURES
FOR 
CERTAIN PRIOR PERIODS.—No qualified nuclear 
facility expenditures shall be taken into account 
under this subsection for any period before the 
first day of the first taxable year to which an 
election under this subsection applies. 
‘‘(F) NO
PROGRESS
EXPENDITURES
FOR 
PROPERTY FOR YEAR IT IS PLACED IN SERVICE, 
ETC.—In the case of any qualified nuclear facil-
ity, no qualified nuclear facility expenditures 
shall be taken into account under this sub-
section for the earlier of— 
‘‘(i) the taxable year in which the fa-
cility is placed in service; or 
‘‘(ii) the first taxable year for which 
recapture 
is 
required 
under 
section 
50(a)(2) with respect to such facility, or 
for any taxable year thereafter. 
‘‘(3) SELF-CONSTRUCTED.—For purposes of 
this subsection: 
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45J, the construction of which was approved by the 
Nuclear Regulatory Commission on or before De-
cember 31, 2013. 
‘‘(2) QUALIFIED
NUCLEAR
POWER
FACILITY 
EXPENDITURES.— 
‘‘(A) IN
GENERAL.—The term ‘qualified 
nuclear power facility expenditures’ means any 
amount properly chargeable to capital ac-
count— 
‘‘(i) with respect to a qualified nuclear 
power facility; 
‘‘(ii) for which depreciation is allow-
able under section 168; and 
‘‘(iii) which are incurred before the 
qualified nuclear power facility is placed in 
service or in connection with the placement 
of such facility in service. 
‘‘(B) PRE-EFFECTIVE
DATE
EXPENDI-
TURES.—Qualified nuclear power facility ex-
penditures do not include any expenditures in-
curred by the taxpayer before January 1, 2007, 
unless such expenditures constitute less than 20 
percent of the total qualified nuclear power fa-
cility expenditures (determined without regard 
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hsrobinson on PROD1PC76 with BILLS
to this subparagraph) for the qualified nuclear 
power facility. 
‘‘(3) DELAYS AND SUSPENSION OF CONSTRUC-
TION.— 
‘‘(A) IN GENERAL.—For purposes of ap-
plying this section and section 50, a nuclear 
power facility that is under construction shall 
cease to be treated as a facility that will be a 
qualified nuclear power facility as of the earlier 
of— 
‘‘(i) the date on which the taxpayer 
decides to terminate construction of the fa-
cility; or 
‘‘(ii) the last day of any 24-month pe-
riod in which the taxpayer has failed to 
incur qualified nuclear power facility ex-
penditures totaling at least 20 percent of 
the expected total cost of the nuclear 
power facility. 
‘‘(B) AUTHORITY
TO
WAIVE.—The Sec-
retary may waive the application of clause (ii) 
of subparagraph (A) if the Secretary deter-
mines that the taxpayer intended to continue 
the construction of the qualified nuclear power 
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facility and the expenditures were not incurred 
for reasons outside the control of the taxpayer. 
‘‘(C) RESUMPTION OF CONSTRUCTION.—If 
a nuclear power facility that is under construc-
tion ceases to be a qualified nuclear power facil-
ity by reason of paragraph (2) and work is sub-
sequently resumed on the construction of such 
facility— 
‘‘(i) the date work is subsequently re-
sumed shall be treated as the date that 
construction began for purposes of para-
graph (1); and 
‘‘(ii) if the facility is a qualified nu-
clear power facility, the qualified nuclear 
power facility expenditures shall be deter-
mined without regard to any delay or tem-
porary termination of construction of the 
facility.’’. 
(c) PROVISIONS
RELATING
TO
CREDIT
RECAP-
TURE.— 
(1) 
PROGRESS
EXPENDITURE
RECAPTURE 
RULES.— 
(A) BASIC RULES.—Subparagraph (A) of 
section 50(a)(2) is amended to read as follows: 
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‘‘(A) IN GENERAL.—If during any taxable 
year any building to which section 47(d) applied 
or any facility to which section 48C(c) applied 
ceases (by reason of sale or other disposition, 
cancellation or abandonment of contract, or 
otherwise) to be, with respect to the taxpayer, 
property which, when placed in service, will be 
a qualified rehabilitated building or a qualified 
nuclear power facility, then the tax under this 
chapter for such taxable year shall be increased 
by an amount equal to the aggregate decrease 
in the credits allowed under section 38 for all 
prior taxable years which would have resulted 
solely from reducing to zero the credit deter-
mined under this subpart with respect to such 
building or facility.’’. 
(B) AMENDMENT TO EXCESS CREDIT RE-
CAPTURE RULE.—Subparagraph (B) of section 
50(a)(2) is amended by— 
(i) inserting ‘‘or paragraph (2) of sec-
tion 48C(b)’’ after ‘‘paragraph (2) of sec-
tion 47(b)’’; 
(ii) inserting ‘‘or section 48C(b)(1)’’ 
after ‘‘section 47(b)(1)’’; and 
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(iii) 
inserting 
‘‘or 
facility’’ 
after 
‘‘building’’. 
(C) AMENDMENT
OF
SALE
AND
LEASE-
BACK
RULE.—Subparagraph (C) of section 
50(a)(2) is amended by— 
(i) inserting ‘‘or section 48C(c)’’ after 
‘‘section 47(d)’’; and 
(ii) inserting ‘‘or qualified nuclear 
power facility expenditures’’ after ‘‘quali-
fied rehabilitation expenditures’’. 
(D) OTHER AMENDMENT.—Subparagraph 
(D) of section 50(a)(2) is amended by inserting 
‘‘or section 48C(c)’’ after ‘‘section 47(d)’’. 
(d) NO
BASIS
ADJUSTMENT.—Section 50(c) is 
amended by inserting at the end thereof the following new 
paragraph: 
‘‘(6) NUCLEAR
POWER
FACILITY
CONSTRUC-
TION CREDIT.—Paragraphs (1) and (2) shall not 
apply to the nuclear power facility construction cred-
it.’’. 
(e) TECHNICAL AMENDMENTS.—The table of sec-
tions for subpart E of part IV of subchapter A of chapter 
1 is amended by inserting after the line for section 48B 
the following new line: 
‘‘Sec. 48C. Nuclear power facility construction credit.’’. 
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(f) EFFECTIVE DATE.—The amendments made by 
this section of this Act shall be effective for expenditures 
incurred and property placed in service in taxable years 
beginning after the date of enactment. 
SEC. 608. NATIONAL NUCLEAR ENERGY COUNCIL. 
(a) IN GENERAL.— 
(1) The Secretary of Energy shall establish a 
National Nuclear Energy Council (hereinafter the 
‘‘Council’’). 
(2) The National Nuclear Energy Council shall 
be subject to the requirements of the Federal Advi-
sory Committee Act (5 U.S.C. Appendix 2). 
(b) PURPOSE.—The National Nuclear Energy Coun-
cil shall— 
(1) serve in an advisory capacity to the Sec-
retary of Energy regarding nuclear energy on mat-
ters submitted to the Council by the Secretary of 
Energy; and 
(2) advise, inform, and make recommendations 
to the Secretary of Energy, and represent the views 
of the nuclear energy industry with respect to any 
matter relating to nuclear energy. 
(c) MEMBERSHIP AND ORGANIZATION.— 
(1) The members of the Council shall be ap-
pointed by the Secretary of Energy. 
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(2) The Council may establish such study and 
administrative committees as it may deem appro-
priate. Study committees shall only assist the Coun-
cil in preparing its advice, information, or rec-
ommendations to the Secretary of Energy. Adminis-
trative committees shall be formed solely for the 
purpose of assisting the Council or its Chairman in 
the management of the internal affairs of the Coun-
cil. 
(3) The officers of the Council shall consist of 
a Chairman, a Vice Chairman, and such other offi-
cers as may be approved by the Council. The Chair-
man and Vice Chairman must be members of the 
Council and shall receive no compensation for service 
as officers of the Council. 
(4) The Secretary of Energy shall be Cochair-
man of the Council. If the Secretary of Energy des-
ignates a full-time, salaried official of the Depart-
ment of Energy as his alternate, such alternate may 
exercise any duties of the Secretary of Energy and 
may perform any function on the Council otherwise 
reserved for the Secretary of Energy. 
(5) The Chairman and the Vice Chairman shall 
be elected by the Council at its organizational meet-
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ing to serve until their successors are elected at the 
next organizational meeting of the Council. 
(d) MEETINGS.— 
(1) Regular meetings of the Council shall be 
held at least twice each year at times determined by 
the Chairman and approved by the Government Co-
chairman. 
(2) No meeting of the Council shall be held un-
less the Government Cochairman approves the agen-
da thereof, approves the calling thereof, and is 
present thereat. 
(3) The time and place of all Council meetings 
shall be given general publicity and such meetings 
shall be open to the public. 
(e) STUDIES BY THE COUNCIL.— 
(1) The Council may establish study committees 
to prepare reports for the consideration of the Coun-
cil pursuant to requests from the Secretary of En-
ergy for advice, information, and recommendations. 
(2) The Secretary of Energy or a full-time em-
ployee of the Department of Energy designated by 
the Secretary shall be the Cochairman of each study 
committee. 
(3) The members of study committees shall be 
selected from the Council membership on the basis 
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of their training, experience, and general qualifica-
tions to deal with the matters assigned. 
SEC. 609. TEMPORARY SPENT NUCLEAR FUEL STORAGE 
AGREEMENTS. 
(a) AUTHORIZATION AND LOCATION.—The Secretary 
of Energy (Secretary) is authorized to initiate spent nu-
clear fuel storage agreements as provided herein. 
(1) No later than 180 days from the date of en-
actment of this Act, representatives of a community 
may submit written notice to the Secretary that the 
community is willing to host a temporary spent nu-
clear fuel storage facility within its jurisdiction. 
(2) Within 90 days of the receipt of the notifi-
cation under subsection (a)(1), the Secretary shall 
determine whether the identified site is suitable for 
a temporary storage facility. In determining the 
site’s suitability, the Secretary will evaluate technical 
feasibility and consider favorably local support for 
collocating a temporary spent nuclear fuel storage 
facility with facilities in-tended to develop and imple-
ment advanced nuclear fuel cycle technologies. 
(b) CONTENT OF AGREEMENTS.—If the Secretary 
determines one or more sites to be suitable in accordance 
with subsection (a)(2), negotiation of a temporary spent 
nuclear fuel storage facility agreement shall proceed. 
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(1) Any temporary spent nuclear fuel storage 
agreement shall contain such terms and conditions, 
including financial, institutional and such other ar-
rangements as the Secretary and community deter-
mine to be reasonable and appropriate. 
(2) Any temporary spent nuclear fuel storage 
agreement may be amended only with the mutual 
consent of the parties to the agreement. 
(c) ENVIRONMENTAL IMPACT STATEMENT.—Execu-
tion of a temporary spent nuclear fuel storage agreement 
shall not require preparation of an environmental impact 
statement under section 102(2)(C) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) or 
require any environmental review under subparagraph (E) 
or (F) of section 102(2) of such Act (42 U.S.C. 
4332(2)(E), (F)). 
SEC. 610. IMPLEMENTATION OF TEMPORARY SPENT NU-
CLEAR FUEL STORAGE AGREEMENTS. 
(a) IN GENERAL.—Any temporary spent nuclear fuel 
storage agreement or agreements entered into under sec-
tion 1 shall enter into force with respect to the United 
States if (and only if)— 
(1) the Secretary, at least 60 days before the 
day on which he or she enters into the temporary 
spent nuclear fuel storage agreement or agreements 
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notifies the House of Representatives and the Senate 
of his intention to enter into the agreement or agree-
ments, and promptly thereafter publishes notice of 
such intention in the Federal Register; 
(2) the Governor of the State or States in 
which the facility is proposed to be located submits 
written notice to the Secretary that the Governor 
supports the temporary spent nuclear fuel storage 
agreement; and 
(3) after entering into the agreement, the Sec-
retary submits to the House of Representatives and 
to the Senate a copy of the final text of the agree-
ment, together with— 
(A) a draft of an implementing bill; and 
(B) a statement of any administrative ac-
tion proposed to implement the agreement. 
(b) APPLICATION OF EXPEDITED PROCEDURES TO 
IMPLEMENTING BILLS.—The provisions of section 3 apply 
to implementing bills submitted with respect to temporary 
spent nuclear fuel storage agreements entered into and 
submitted pursuant to section 2. 
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SEC. 611. EXPEDITED PROCEDURES FOR CONGRESSIONAL 
REVIEW OF TEMPORARY SPENT NUCLEAR 
FUEL STORAGE AGREEMENTS. 
(a) RULES OF HOUSE OF REPRESENTATIVE AND 
SENATE.—The provisions of this subsection are enacted 
by the Congress— 
(1) as an exercise of the rulemaking power of 
the House of Representatives and the Senate, re-
spectively, and as such they are deemed a part of 
the rules of each House, respectively, but applicable 
only with respect to the procedure to be followed in 
that House in the case of implementing bills de- 
scribed in subsection (b)(2) of this section and ap-
proval resolutions described in subsection (b)(3) of 
this section; and they supersede other rules only to 
the extent that they are inconsistent therewith; and 
(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner and to the same extent as in 
the case of any other rule of that House. 
(b) DEFINITIONS.—For purposes of this section— 
(1) The term ‘‘community’’ means any entity of 
local government appropriate, in terms of legal au-
thority, for negotiating and entering into temporary 
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spent nuclear fuel storage agreements provided for 
in section 1. 
(2) The term ‘‘implementing bill’’ means only a 
bill of either House of Congress which is introduced 
as provided in subsection (c) of this section with re-
spect to one or more temporary spent nuclear fuel 
storage agreements and which contain— 
(A) a provision approving such storage 
agreements; 
(B) a provision approving the statement of 
administrative action (if any) proposed to im-
plement such storage agreements; 
(C) if changes in existing laws or new stat-
utory authority is required to implement such 
storage agreement or agreements, provisions 
necessary or appropriate to implement such 
agreement or agreements either repealing or 
amending existing laws or providing new statu-
tory authority; and 
(D) a provision containing revenue meas-
ures (if any), by reason of which the bill must 
originate in the House of Representatives as 
provided for in subsection (c). 
(3) The term ‘‘approval resolution’’ means only 
a joint resolution of the two Houses of the Congress, 
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the matter after the resolving clause of which is as 
follows: ‘‘That the Congress approves the temporary 
spent nuclear fuel storage agreement between the 
Secretary of Energy and lllllllll on 
llllll,’’ the first blank space being filled 
with the name of the governor involved and the sec-
ond blank space being filled in with the appropriate 
date. 
(c) INTRODUCTION AND REFERRAL.—On the day on 
which the temporary spent nuclear fuel storage agreement 
is submitted to the House of Representatives and the Sen-
ate under this title, the implementing bill submitted by 
the Secretary with respect to such temporary spent nu-
clear fuel storage agreement shall be introduced (by re-
quest) in the House by the majority leader of the House, 
for himself and the minority leader of the House, or by 
Members of the House designated by the majority leader 
and minority leader of the House; and shall be introduced 
(by request) in the Senate by the majority leader of the 
Senate, for himself and the minority leader of the Senate, 
or by Members of the Senate designated by the majority 
leader and minority leader of the Senate. If either House 
is not in session on the day on which such temporary spent 
nuclear fuel storage agreement is submitted, the imple-
menting bill shall be introduced in that House, as provided 
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in the preceding sentence, on the first day thereafter on 
which that House is in session. Such bills shall be referred 
by the Presiding Officers of the respective Houses to the 
appropriate committee, or, in the case of a bill containing 
provisions within the jurisdiction of two or more commit-
tees, jointly to such committees for consideration of those 
provisions within their respective jurisdictions. 
(d) AMENDMENTS PROHIBITED.—No amendment to 
an implementing bill or approval resolution shall be in 
order in either the House of Representatives or the Sen-
ate; and no motion to suspend the application of this sub-
section shall be in order in either House, nor shall it be 
in order in either House for the Presiding Officer to enter-
tain a request to suspend the application of this subsection 
by unanimous consent. 
(e) PERIOD FOR COMMITTEE AND FLOOR CONSIDER-
ATION.— 
(1) Except as provided in subsection (e)(2), if 
the committee or committees of either House to 
which an implementing bill or approval resolution 
has been referred have not reported it at the close 
of the 45th day after its introduction, such com-
mittee or committees shall be automatically dis-
charged from further consideration of the bill or res-
olution and it shall be placed on the appropriate cal-
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endar. A vote on final passage of the bill or resolu-
tion shall be taken in each House on or before the 
close of the 15th day after the bill or resolution is 
reported by the committee or committees of that 
House to which it was referred, or after such com-
mittee or committees have been discharged from fur-
ther consideration of the bill or resolution. If prior 
to the passage by one House of an implementing bill 
or approval resolution of that House, that House re-
ceives the same implementing bill or approval resolu-
tion from the other House, then— 
(A) the procedure in that House shall be 
the same as if no implementation bill or ap-
proval resolution had been received from the 
other House; but 
(B) the vote on final passage shall be on 
the implementing bill or approval resolution of 
the other House. 
(2) For purposes of computing a number of 
days in either House as provided for in subsection 
(e)(1), there shall be excluded any day on which that 
House is not in session. 
(3) If the implementing bill contains one or 
more revenue measures— 
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(A) the provisions of subsection (e)(1) 
shall not apply; and 
(B) the Senate shall not take final action 
on the bill until it is received from the House. 
(f) FLOOR CONSIDERATION IN THE HOUSE.— 
(1) A motion in the House of Representatives 
to proceed to the consideration of an implementing 
bill or approval resolution shall be highly privileged 
and not debatable. An amendment to the motion 
shall not be in order, nor shall it be in order to move 
to reconsider the vote by which the motion is agreed 
to or disagreed to. 
(2) Debate in the House of Representatives on 
an implementing bill or approval resolution shall be 
limited to not more than 10 hours, which shall be 
divided equally between those favoring and those op-
posing the bill or resolution. A motion further to 
limit debate shall not be debatable. It shall not be 
in order to move to recommit an implementing bill 
or approval resolution or to move to reconsider the 
vote by which an implementing bill or approval reso-
lution is agreed to or disagreed to. 
(3) Motions to postpone, made in the House of 
Representatives with respect to the consideration of 
an implementing bill or approval resolution, and mo-
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tions to proceed to the consideration of other busi-
ness, shall be decided without debate. If a motion to 
proceed to consideration is agreed to, such resolution 
shall remain unfinished business of House until dis-
posed of. 
(4) All appeals from the decisions of the Chair 
relating to the application of the Rules of the House 
of Representatives to the procedure relating to an 
implementing bill or approval resolution shall be de-
cided without debate. 
(5) Except to the extent specifically provided in 
the preceding provisions of this subsection, consider-
ation of an implementing bill or approval resolution 
shall be governed by the Rules of the House of Rep-
resentatives applicable to other bills and resolutions 
in similar circumstances. 
(g) FLOOR CONSIDERATION IN THE SENATE.— 
(1) A motion in the Senate to proceed to the 
consideration of an implementing bill or approval 
resolution shall be privileged and not debatable. An 
amendment to the motion shall not be in order, nor 
shall it be in order to move to reconsider the vote 
by which the motion is agreed to or disagreed to. 
(2) Debate in the Senate on an implementing 
bill or approval resolution, and all debatable motions 
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and appeals in connection therewith, shall be limited 
to not more than 10 hours. The time shall be equally 
divided between, and controlled by, the majority 
leader and the minority leader or their designees. 
(3) Debate in the Senate on any debatable mo-
tion or appeal in connection with an implementing 
bill or approval resolution shall be limited to not 
more than 1 hour, to be equally divided between, 
and controlled by, the mover and the manager of the 
bill or resolution, except that in the event the man-
ager of the bill or resolution is in favor of any such 
motion or appeal, the time in opposition thereto 
shall be controlled by the minority leader or his des-
ignee. Such leaders, or either of them, may, from 
time under their control on the passage of an imple-
menting bill or approval resolution, allot additional 
time to any Senator during the consideration of any 
debatable motion or appeal. 
(4) A motion in the Senate to further limit de-
bate is not debatable. A motion to recommit an im-
plementation bill or approval resolution is not in 
order. 
SEC. 612. CONTRACTING AND NUCLEAR WASTE FUND. 
Section 302 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222) is amended— 
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(1) in subsection (a)(1), by adding at the end 
the following: ‘‘For any civilian nuclear power reac-
tor a license application for which is filed with the 
Commission, pursuant to its authority under section 
103 or 104 of the Atomic Energy Act of 1954, after 
the date of enactment of this Act, contracts entered 
into under this section shall— 
‘‘(A) except as provided in subsections 
302(a)(1)(B), (C), (D), and (E), below, be gen-
erally consistent with the terms and conditions 
of the ‘Standard Contract for Disposal of Spent 
Nuclear Fuel and/or High-Level Radioactive 
Waste,’ as codified at 10 C.F.R. Part 961 and 
in effect on January 1, 2007; 
‘‘(B) provide for the taking of title to, and 
for the Secretary to dispose of, the high-level 
waste or spent nuclear fuel involved beginning 
no later than 15 years following the start of 
commercial operation; 
‘‘(C) contain no provisions providing for 
adjustment of the 1.0 mil per kilowatt-hour fee 
established by paragraph (2); 
‘‘(D) be entered into no later than 60 days 
following the docketing of the license applica-
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tion by the Commission, or the date of enact-
ment of this Act, whichever is later; 
‘‘(E) provide that, on a schedule consistent 
with the Secretary’s acceptance of spent nuclear 
fuel from each civilian nuclear power reactor or 
site, and completed not later than the Sec-
retary’s completing the acceptance of all spent 
nuclear fuel from that commercial nuclear 
power reactor or site, the Secretary shall accept 
from each such reactor or site, all low-level ra-
dioactive waste defined in section 3(b)(1)(D) of 
the Low-level Radioactive Waste Policy Act, as 
amended, 42 U.S.C. 2021c(b)(1)(D).’’; and 
(2) in subsection (a)(4), by striking all after 
‘‘herein.’’ in the second sentence; 
(3) in subsection (a)(6), by adding at the end 
the following: ‘‘Further, the Secretary shall offer to 
settle any actions pending on the date of enactment 
of this Act for damages resulting from failure to 
commence accepting spent nuclear fuel or high-level 
radioactive waste on or before January 31, 1998. 
Each offer to settle shall provide for the payment of 
$150 to the other party to a contract for disposal of 
spent nuclear fuel and high-level radioactive waste 
for each kilogram of spent nuclear fuel which such 
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party was or shall be entitled to deliver to the De-
partment in a particular year, based on the following 
aggregate acceptance rates: 400 MTU for 1998; 600 
MTU for 1999; 1,200 MTU for 2000; 2,000 MTU 
for 2001; and 3,000 MTU for 2002 and thereafter; 
provided that the Secretary shall adjust the payment 
amount per kilogram of spent nuclear fuel under 
this subsection (a)(6) annually according to the most 
recent Producer Price Index published by the De-
partment of Labor. Such aggregate acceptance rates 
shall be allocated among parties to contracts with 
the United States based upon the age of spent nu-
clear fuel, as measured by the date of the discharge 
of such spent nuclear fuel from the civilian nuclear 
power reactor. Such offer to settle also shall include 
an annual payment to be determined by the Sec-
retary to any such party where a civilian nuclear 
power reactor has been decommissioned, except for 
those portions of the facility that cannot be decom-
missioned until removal of spent nuclear fuel and 
high-level radioactive waste. The Secretary also shall 
offer like compensation to parties to contracts en-
tered into pursuant to section 302 of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222) who 
brought actions for damages prior to the date of en-
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actment of this Act, but which were no longer pend-
ing as of said date, provided that such compensation 
shall be reduced by the amount of any settlement or 
judgment received by such party.’’; and 
(4) in subsection (d), by adding at the end the 
following: ‘‘No amount may be expended by the Sec-
retary from the Waste Fund to carry out research 
and development activities on advanced nuclear fuel 
cycle technologies.’’. 
SEC. 613. CONFIDENCE IN AVAILABILITY OF WASTE DIS-
POSAL. 
(a) CONGRESSIONAL DETERMINATION.—The Con-
gress finds that— 
(1) there is reasonable assurance that high-level 
radioactive waste and spent nuclear fuel generated 
in reactors licensed by the Nuclear Regulatory Com-
mission in the past, currently, or in the future will 
be managed in a safe manner without significant en-
vironmental impact until capacity for ultimate dis-
posal is available; and 
(2) the Federal Government is responsible and 
has established a policy for the ultimate safe and en-
vironmentally sound disposal of such high-level ra-
dioactive waste and spent nuclear fuel. 
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(b) 
REGULATORY
CONSIDERATION.—Notwith-
standing any other provision of law, for the period fol-
lowing the licensed operation of a civilian nuclear power 
reactor or any facility for the treatment or storage of 
spent nuclear fuel or high-level radioactive waste, no con-
sideration of the public health and safety, common defense 
and security, or environmental impacts of the storage of 
high-level radioactive waste and spent nuclear fuel gen-
erated in reactors licensed by the Nuclear Regulatory 
Commission in the past, currently, or in the future, is re-
quired by the Department of Energy or the Nuclear Regu-
latory Commission in connection with the development, 
construction, and operation of, or any permit, license, li-
cense amendment, or siting approval for, a civilian nuclear 
power reactor or any facility for the treatment or storage 
of spent nuclear fuel or high-level radioactive waste. Noth-
ing in this section shall affect the Department of Energy’s 
and Nuclear Regulatory Commission’s obligation to con-
sider the public health and safety, common defense and 
security, and environmental impacts of storage during the 
period of licensed operation of a civilian nuclear power re-
actor or facility for the treatment or storage of spent nu-
clear fuel or high-level radioactive waste. 
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TITLE 
VII—ENERGY 
PRODUC-
TION 
AND 
CONSERVATION 
TAX INCENTIVES 
SEC. 700. AMENDMENT OF 1986 CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Internal Revenue Code 
of 1986. 
Subtitle A—Extension of Clean 
Energy Production Incentives 
SEC. 701. 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) 
is amended by striking ‘‘January 1, 2009’’ and inserting 
‘‘January 1, 2010’’: 
(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). 
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(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: 
‘‘(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, 
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‘‘(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.’’. 
(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 
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‘‘(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, 2010’’ 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: 
‘‘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’’. 
(e) EFFECTIVE DATES.— 
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(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. 
SEC. 702. 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, 
2017’’. 
(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, 2016’’. 
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(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, 2016’’. 
(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: 
‘‘(v) the credit determined under sec-
tion 46 to the extent that such credit is at-
tributable 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) 
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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). 
(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 
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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). 
SEC. 703. EXTENSION AND MODIFICATION OF RESIDENTIAL 
ENERGY EFFICIENT PROPERTY CREDIT. 
(a) EXTENSION.—Section 25D(g) (relating to termi-
nation) is amended by striking ‘‘December 31, 2008’’ and 
inserting ‘‘December 31, 2009’’. 
(b) NO DOLLAR LIMITATION
FOR CREDIT
FOR 
SOLAR ELECTRIC PROPERTY.— 
(1) IN GENERAL.—Section 25D(b)(1) (relating 
to maximum credit) is amended by striking subpara-
graph (A) and by redesignating subparagraphs (B) 
and (C) as subparagraphs (A) and (B), respectively. 
(2) 
CONFORMING
AMENDMENTS.—Section 
25D(e)(4) is amended— 
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(A) by striking clause (i) in subparagraph 
(A), 
(B) by redesignating clauses (ii) and (iii) 
in subparagraph (A) as clauses (i) and (ii), re-
spectively, and 
(C) by striking ‘‘, (2),’’ in subparagraph 
(C). 
(c) CREDIT ALLOWED AGAINST ALTERNATIVE MIN-
IMUM TAX.— 
(1) IN
GENERAL.—Subsection (c) of section 
25D is amended to read as follows: 
‘‘(c) LIMITATION BASED
ON AMOUNT
OF TAX; 
CARRYFORWARD OF UNUSED CREDIT.— 
‘‘(1) LIMITATION
BASED
ON
AMOUNT
OF 
TAX.—In the case of a taxable year to which section 
26(a)(2) does not apply, the credit allowed under 
subsection (a) for the taxable year shall not exceed 
the excess of— 
‘‘(A) the sum of the regular tax liability 
(as defined in section 26(b)) plus the tax im-
posed by section 55, over 
‘‘(B) the sum of the credits allowable 
under this subpart (other than this section) and 
section 27 for the taxable year. 
‘‘(2) CARRYFORWARD OF UNUSED CREDIT.— 
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‘‘(A) RULE
FOR
YEARS
IN
WHICH
ALL 
PERSONAL
CREDITS
ALLOWED
AGAINST
REG-
ULAR
AND
ALTERNATIVE
MINIMUM
TAX.—In 
the case of a taxable year to which section 
26(a)(2) applies, if the credit allowable under 
subsection (a) exceeds the limitation imposed by 
section 26(a)(2) for such taxable year reduced 
by the sum of the credits allowable under this 
subpart (other than this section), such excess 
shall be carried to the succeeding taxable year 
and added to the credit allowable under sub-
section (a) for such succeeding taxable year. 
‘‘(B) RULE
FOR
OTHER
YEARS.—In the 
case of a taxable year to which section 26(a)(2) 
does not apply, if the credit allowable under 
subsection (a) exceeds the limitation imposed by 
paragraph (1) for such taxable year, such ex-
cess shall be carried to the succeeding taxable 
year and added to the credit allowable under 
subsection (a) for such succeeding taxable 
year.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 23(b)(4)(B) is amended by in-
serting ‘‘and section 25D’’ after ‘‘this section’’. 
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‘‘(6) PUBLIC
POWER
PROVIDER.—The term 
‘public power provider’ means a State utility with a 
service obligation, as such terms are defined in sec-
tion 217 of the Federal Power Act (as in effect on 
the date of the enactment of this paragraph).’’, and 
(2) by inserting ‘‘; PUBLIC POWER PROVIDER’’ 
before the period at the end of the heading. 
(d) TECHNICAL AMENDMENT.—The third sentence of 
section 54(e)(2) is amended by striking ‘‘subsection 
(l)(6)’’ and inserting ‘‘subsection (l)(5)’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to bonds issued after the date of 
the enactment of this Act. 
SEC. 705. EXTENSION OF SPECIAL RULE TO IMPLEMENT 
FERC RESTRUCTURING POLICY. 
(a) QUALIFYING ELECTRIC TRANSMISSION TRANS-
ACTION.— 
(1) IN GENERAL.—Section 451(i)(3) (defining 
qualifying electric transmission transaction) is 
amended by striking ‘‘January 1, 2008’’ and insert-
ing ‘‘January 1, 2010’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply to transactions after 
December 31, 2007. 
(b) INDEPENDENT TRANSMISSION COMPANY.— 
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(1) IN GENERAL.—Section 451(i)(4)(B)(ii) (de-
fining independent transmission company) is amend-
ed by striking ‘‘December 31, 2007’’ and inserting 
‘‘the date which is 2 years after the date of such 
transaction’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall take effect as if included in 
the amendments made by section 909 of the Amer-
ican Jobs Creation Act of 2004. 
Subtitle B—Extension of Incentives 
to Improve Energy Efficiency 
SEC. 711. EXTENSION AND MODIFICATION OF CREDIT FOR 
ENERGY EFFICIENCY IMPROVEMENTS TO EX-
ISTING HOMES. 
(a) EXTENSION OF CREDIT.—Section 25C(g) (relat-
ing to termination) is amended by striking ‘‘December 31, 
2007’’ and inserting ‘‘December 31, 2009’’. 
(b) QUALIFIED BIOMASS FUEL PROPERTY.— 
(1) IN GENERAL.—Section 25C(d)(3) is amend-
ed— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (D), 
(B) by striking the period at the end of 
subparagraph (E) and inserting ‘‘, and’’, and 
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(C) by adding at the end the following new 
subparagraph: 
‘‘(F) a stove which uses the burning of bio-
mass fuel to heat a dwelling unit located in the 
United States and used as a residence by the 
taxpayer, or to heat water for use in such a 
dwelling unit, and which has a thermal effi-
ciency rating of at least 75 percent.’’. 
(2) BIOMASS FUEL.—Section 25C(d) (relating 
to residential energy property expenditures) is 
amended by adding at the end the following new 
paragraph: 
‘‘(6) BIOMASS FUEL.—The term ‘biomass fuel’ 
means any plant-derived fuel available on a renew-
able or recurring basis, including agricultural crops 
and trees, wood and wood waste and residues (in-
cluding wood pellets), plants (including aquatic 
plants), grasses, residues, and fibers.’’. 
(c) MODIFICATIONS OF STANDARDS FOR ENERGY- 
EFFICIENT BUILDING PROPERTY.— 
(1) ELECTRIC
HEAT
PUMPS.—Subparagraph 
(B) of section 25C(d)(3) is amended to read as fol-
lows: 
‘‘(A) an electric heat pump which achieves 
the highest efficiency tier established by the 
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Consortium for Energy Efficiency, as in effect 
on January 1, 2008.’’. 
(2) CENTRAL
AIR
CONDITIONERS.—Section 
25C(d)(3)(D) is amended by striking ‘‘2006’’ and 
inserting ‘‘2008’’. 
(3) WATER
HEATERS.—Subparagraph (E) of 
section 25C(d) is amended to read as follows: 
‘‘(E) a natural gas, propane, or oil water 
heater which has either an energy factor of at 
least 0.80 or a thermal efficiency of at least 90 
percent.’’. 
(4) OIL
FURNACES
AND
HOT
WATER
BOIL-
ERS.—Paragraph (4) of section 25C(d) is amended 
to read as follows: 
‘‘(4) QUALIFIED NATURAL GAS, PROPANE, AND 
OIL FURNACES AND HOT WATER BOILERS.— 
‘‘(A) QUALIFIED
NATURAL
GAS
FUR-
NACE.—The term ‘qualified natural gas fur-
nace’ means any natural gas furnace which 
achieves an annual fuel utilization efficiency 
rate of not less than 95. 
‘‘(B) 
QUALIFIED
NATURAL
GAS
HOT 
WATER
BOILER.—The term ‘qualified natural 
gas hot water boiler’ means any natural gas hot 
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water boiler which achieves an annual fuel utili-
zation efficiency rate of not less than 90. 
‘‘(C) QUALIFIED
PROPANE
FURNACE.— 
The term ‘qualified propane furnace’ means any 
propane furnace which achieves an annual fuel 
utilization efficiency rate of not less than 95. 
‘‘(D) QUALIFIED
PROPANE
HOT
WATER 
BOILER.—The term ‘qualified propane hot 
water boiler’ means any propane hot water boil-
er which achieves an annual fuel utilization effi-
ciency rate of not less than 90. 
‘‘(E) QUALIFIED
OIL
FURNACES.—The 
term ‘qualified oil furnace’ means any oil fur-
nace which achieves an annual fuel utilization 
efficiency rate of not less than 90. 
‘‘(F) QUALIFIED
OIL
HOT
WATER
BOIL-
ER.—The term ‘qualified oil hot water boiler’ 
means any oil hot water boiler which achieves 
an annual fuel utilization efficiency rate of not 
less than 90.’’. 
(d) EFFECTIVE DATE.—The amendments made this 
section shall apply to expenditures made after December 
31, 2007. 
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SEC. 712. EXTENSION AND MODIFICATION OF TAX CREDIT 
FOR ENERGY EFFICIENT NEW HOMES. 
(a) EXTENSION OF CREDIT.—Subsection (g) of sec-
tion 45L (relating to termination) is amended by striking 
‘‘December 31, 2008’’ and inserting ‘‘December 31, 
2010’’. 
(b) ALLOWANCE
FOR
CONTRACTOR’S
PERSONAL 
RESIDENCE.—Subparagraph (B) of section 45L(a)(1) is 
amended to read as follows: 
‘‘(B)(i) acquired by a person from such eli-
gible contractor and used by any person as a 
residence during the taxable year, or 
‘‘(ii) used by such eligible contractor as a 
residence during the taxable year.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to homes acquired after December 
31, 2008. 
SEC. 713. EXTENSION AND MODIFICATION OF ENERGY EF-
FICIENT COMMERCIAL BUILDINGS DEDUC-
TION. 
(a) EXTENSION.—Section 179D(h) (relating to ter-
mination) is amended by striking ‘‘December 31, 2008’’ 
and inserting ‘‘December 31, 2009’’. 
(b) 
ADJUSTMENT
OF
MAXIMUM
DEDUCTION 
AMOUNT.— 
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(1) IN GENERAL.—Subparagraph (A) of section 
179D(b)(1) (relating to maximum amount of deduc-
tion) is amended by striking ‘‘$1.80’’ and inserting 
‘‘$2.25’’. 
(2) PARTIAL ALLOWANCE.—Paragraph (1) of 
section 179D(d) is amended— 
(A) by striking ‘‘$.60’’ and inserting 
‘‘$0.75’’, and 
(B) by striking ‘‘$1.80’’ and inserting 
‘‘$2.25’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
the date of the enactment of this Act. 
SEC. 714. MODIFICATION AND EXTENSION OF ENERGY EF-
FICIENT APPLIANCE CREDIT FOR APPLI-
ANCES PRODUCED AFTER 2007. 
(a) IN GENERAL.—Subsection (b) of section 45M (re-
lating to applicable amount) is amended to read as follows: 
‘‘(b) APPLICABLE AMOUNT.—For purposes of sub-
section (a)— 
‘‘(1) DISHWASHERS.—The applicable amount 
is— 
‘‘(A) $45 in the case of a dishwasher which 
is manufactured in calendar year 2008 or 2009 
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and which uses no more than 324 kilowatt 
hours per year and 5.8 gallons per cycle, and 
‘‘(B) $75 in the case of a dishwasher 
which is manufactured in calendar year 2008, 
2009, or 2010 and which uses no more than 
307 kilowatt hours per year and 5.0 gallons per 
cycle (5.5 gallons per cycle for dishwashers de-
signed for greater than 12 place settings). 
‘‘(2) 
CLOTHES
WASHERS.—The 
applicable 
amount is— 
‘‘(A) $75 in the case of a residential top- 
loading clothes washer manufactured in cal-
endar year 2008 which meets or exceeds a 1.72 
modified energy factor and does not exceed a 
8.0 water consumption factor, 
‘‘(B) $125 in the case of a residential top- 
loading clothes washer manufactured in cal-
endar year 2008 or 2009 which meets or ex-
ceeds a 1.8 modified energy factor and does not 
exceed a 7.5 water consumption factor, 
‘‘(C) $150 in the case of a residential or 
commercial clothes washer manufactured in cal-
endar year 2008, 2009, or 2010 which meets or 
exceeds 2.0 modified energy factor and does not 
exceed a 6.0 water consumption factor, and 
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‘‘(D) $250 in the case of a residential or 
commercial clothes washer manufactured in cal-
endar year 2008, 2009, or 2010 which meets or 
exceeds 2.2 modified energy factor and does not 
exceed a 4.5 water consumption factor. 
‘‘(3) REFRIGERATORS.—The applicable amount 
is— 
‘‘(A) $50 in the case of a refrigerator 
which is manufactured in calendar year 2008, 
and consumes at least 20 percent but not more 
than 22.9 percent less kilowatt hours per year 
than the 2001 energy conservation standards, 
‘‘(B) $75 in the case of a refrigerator 
which is manufactured in calendar year 2008 or 
2009, and consumes at least 23 percent but no 
more than 24.9 percent less kilowatt hours per 
year than the 2001 energy conservation stand-
ards, 
‘‘(C) $100 in the case of a refrigerator 
which is manufactured in calendar year 2008, 
2009, or 2010, and consumes at least 25 per-
cent but not more than 29.9 percent less kilo-
watt hours per year than the 2001 energy con-
servation standards, and 
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‘‘(D) $200 in the case of a refrigerator 
manufactured in calendar year 2008, 2009, or 
2010 and which consumes at least 30 percent 
less energy than the 2001 energy conservation 
standards.’’. 
(b) ELIGIBLE PRODUCTION.— 
(1) SIMILAR
TREATMENT
FOR
ALL
APPLI-
ANCES.—Subsection (c) of section 45M (relating to 
eligible production) is amended— 
(A) by striking paragraph (2), 
(B) by striking ‘‘(1) IN GENERAL’’ and all 
that follows through ‘‘the eligible’’ and inserting 
‘‘The eligible’’, and 
(C) by moving the text of such subsection 
in line with the subsection heading and redesig-
nating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively. 
(2) MODIFICATION
OF
BASE
PERIOD.—Para-
graph (2) of section 45M(c), as amended by para-
graph (1) of this section, is amended by striking ‘‘3- 
calendar year’’ and inserting ‘‘2-calendar year’’. 
(c) TYPES OF ENERGY EFFICIENT APPLIANCES.— 
Subsection (d) of section 45M (defining types of energy 
efficient appliances) is amended to read as follows: 
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‘‘(d) TYPES OF ENERGY EFFICIENT APPLIANCE.— 
For purposes of this section, the types of energy efficient 
appliances are— 
‘‘(1) dishwashers described in subsection (b)(1), 
‘‘(2) clothes washers described in subsection 
(b)(2), and 
‘‘(3) 
refrigerators 
described 
in 
subsection 
(b)(3).’’. 
(d) AGGREGATE CREDIT AMOUNT ALLOWED.— 
(1) INCREASE IN LIMIT.—Paragraph (1) of sec-
tion 45M(e) (relating to aggregate credit amount al-
lowed) is amended to read as follows: 
‘‘(1) AGGREGATE CREDIT AMOUNT ALLOWED.— 
The aggregate amount of credit allowed under sub-
section (a) with respect to a taxpayer for any tax-
able year shall not exceed $75,000,000 reduced by 
the amount of the credit allowed under subsection 
(a) to the taxpayer (or any predecessor) for all prior 
taxable years beginning after December 31, 2007.’’. 
(2) EXCEPTION FOR CERTAIN REFRIGERATOR 
AND CLOTHES WASHERS.—Paragraph (2) of section 
45M(e) is amended to read as follows: 
‘‘(2) AMOUNT ALLOWED FOR CERTAIN REFRIG-
ERATORS
AND
CLOTHES
WASHERS.—Refrigerators 
described in subsection (b)(3)(D) and clothes wash-
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ers described in subsection (b)(2)(D) shall not be 
taken into account under paragraph (1).’’. 
(e) QUALIFIED ENERGY EFFICIENT APPLIANCES.— 
(1) IN
GENERAL.—Paragraph (1) of section 
45M(f) (defining qualified energy efficient appliance) 
is amended to read as follows: 
‘‘(1) QUALIFIED
ENERGY
EFFICIENT
APPLI-
ANCE.—The term ‘qualified energy efficient appli-
ance’ means— 
‘‘(A) any dishwasher described in sub-
section (b)(1), 
‘‘(B) any clothes washer described in sub-
section (b)(2), and 
‘‘(C) any refrigerator described in sub-
section (b)(3).’’. 
(2) CLOTHES WASHER.—Section 45M(f)(3) (de-
fining clothes washer) is amended by inserting 
‘‘commercial’’ before ‘‘residential’’ the second place 
it appears. 
(3) TOP-LOADING
CLOTHES
WASHER.—Sub-
section (f) of section 45M (relating to definitions) is 
amended by redesignating paragraphs (4), (5), (6), 
and (7) as paragraphs (5), (6), (7), and (8), respec-
tively, and by inserting after paragraph (3) the fol-
lowing new paragraph: 
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‘‘(4) TOP-LOADING
CLOTHES
WASHER.—The 
term ‘top-loading clothes washer’ means a clothes 
washer which has the clothes container compartment 
access located on the top of the machine and which 
operates on a vertical axis.’’. 
(4) REPLACEMENT OF ENERGY FACTOR.—Sec-
tion 45M(f)(6), as redesignated by paragraph (3), is 
amended to read as follows: 
‘‘(6) MODIFIED
ENERGY
FACTOR.—The term 
‘modified energy factor’ means the modified energy 
factor established by the Department of Energy for 
compliance with the Federal energy conservation 
standard.’’. 
(5) GALLONS
PER
CYCLE; WATER
CONSUMP-
TION FACTOR.—Section 45M(f) (relating to defini-
tions), as amended by paragraph (3), is amended by 
adding at the end the following: 
‘‘(9) GALLONS PER CYCLE.—The term ‘gallons 
per cycle’ means, with respect to a dishwasher, the 
amount of water, expressed in gallons, required to 
complete a normal cycle of a dishwasher. 
‘‘(10) WATER
CONSUMPTION
FACTOR.—The 
term ‘water consumption factor’ means, with respect 
to a clothes washer, the quotient of the total weight-
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ed per-cycle water consumption divided by the cubic 
foot (or liter) capacity of the clothes washer.’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall apply to appliances produced after De-
cember 31, 2007. 
TITLE VIII—REPEAL OF LIMITA-
TION ON TAX CREDIT FOR EF-
FICIENT WINDOWS 
SEC. 801. REPEAL OF SEPARATE DOLLAR LIMITATION AP-
PLICABLE TO EFFICIENT WINDOWS UNDER 
THE 
NONBUSINESS 
ENERGY 
PROPERTY 
CREDIT. 
(a) IN GENERAL.—Section 25C(b) of the Internal 
Revenue Code of 1986 is amended by striking paragraph 
(2). 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to expenditures made after Decem-
ber 31, 2007. 
TITLE IX—NEW DOMESTIC 
SUPPLIES OF OIL AND GAS 
Subtitle A—Arctic National Wildlife 
Refuge 
SEC. 901. SHORT TITLE. 
This subtitle may be cited as the ‘‘American-Made 
Energy and Good Jobs Act’’. 
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SEC. 902. DEFINITIONS. 
In this subtitle: 
(1) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area described in appendix I to 
part 37 of title 50, Code of Federal Regulations. 
(2) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
SEC. 903. 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 
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result in no significant adverse effect on fish and 
wildlife, their habitat, subsistence resources, and the 
environment, including, in furtherance of this goal, 
by requiring the application of the best commercially 
available technology for oil and gas exploration, de-
velopment, and production to all exploration, devel-
opment, and production operations under this sub-
title in a manner that ensures the receipt of fair 
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-
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tional Wildlife Refuge was established, and no fur-
ther findings or decisions are required to implement 
this determination. 
(2) ADEQUACY OF THE DEPARTMENT OF THE 
INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT 
STATEMENT.—The 
‘‘Final 
Legislative 
Environ-
mental Impact Statement’’ (April 1987) on the 
Coastal Plain prepared pursuant to section 1002 of 
the Alaska National Interest Lands Conservation 
Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) 
of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)(C)) is deemed to satisfy the re-
quirements under the National Environmental Policy 
Act of 1969 that apply with respect to prelease ac-
tivities, including actions authorized to be taken by 
the Secretary to develop and promulgate the regula-
tions for the establishment of a leasing program au-
thorized by this subtitle before the conduct of the 
first lease sale. 
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.—Before conducting the first lease sale under 
this subtitle, the Secretary shall prepare an environ-
mental impact statement under the National Envi-
ronmental Policy Act of 1969 with respect to the ac-
tions authorized by this subtitle that are not re-
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ferred to in paragraph (2). Notwithstanding any 
other law, the Secretary is not required to identify 
nonleasing alternative courses of action or to analyze 
the environmental effects of such courses of action. 
The Secretary shall only identify a preferred action 
for such leasing and a single leasing alternative, and 
analyze the environmental effects and potential miti-
gation measures for those two alternatives. The 
identification of the preferred action and related 
analysis for the first lease sale under this subtitle 
shall be completed within 18 months after the date 
of enactment of this subtitle. The Secretary shall 
only consider public comments that specifically ad-
dress the Secretary’s preferred action and that are 
filed within 20 days after publication of an environ-
mental analysis. Notwithstanding any other law, 
compliance with this paragraph is deemed to satisfy 
all requirements for the analysis and consideration 
of the environmental effects of proposed leasing 
under this subtitle. 
(d) RELATIONSHIP TO STATE AND LOCAL AUTHOR-
ITY.—Nothing in this subtitle shall be considered to ex-
pand or limit State and local regulatory authority. 
(e) SPECIAL AREAS.— 
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