I 
111TH CONGRESS 
1ST SESSION H. R. 2539 
To secure unrestricted reliable energy for American consumption and 
transmission. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2009 
Mr. THORNBERRY introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committees on 
Ways and Means and Energy and Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To secure unrestricted reliable energy for American 
consumption and transmission. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘No More Excuses Energy Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—REFINERIES 
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Sec. 102. Tax-exempt financing of domestic use oil refinery facilities. 
Sec. 103. Designation and availability of Federal lands for oil and natural gas 
refineries. 
TITLE II—ALTERNATIVE ENERGY 
Sec. 201. Extension of credit for electricity produced from certain renewable re-
sources. 
Sec. 202. Extension of energy credit for solar. 
Sec. 203. Equalization of excise tax on liquefied natural gas and per energy 
equivalent of diesel. 
Sec. 204. Extension of alternative fuel credit. 
TITLE III—NUCLEAR ENERGY 
Sec. 301. Waste Confidence. 
Sec. 302. ASME Nuclear Certification credit. 
TITLE IV—DRILLING 
Subtitle A—Tax Provisions 
Sec. 401. Credit for producing fuel from nonconventional sources to apply to 
gas produced onshore from formations more than 15,000 feet 
deep. 
Sec. 402. Repeal of minimum capture requirement for carbon dioxide seques-
tration credit. 
Subtitle B—Oil and Gas Development on the Coastal Plain of Alaska 
Sec. 421. Short title. 
Sec. 422. Definitions. 
Sec. 423. Leasing program for lands within the Coastal Plain. 
Sec. 424. Lease sales. 
Sec. 425. Grant of leases by the Secretary. 
Sec. 426. Lease terms and conditions. 
Sec. 427. Coastal plain environmental protection. 
Sec. 428. Expedited judicial review. 
Sec. 429. Federal and State distribution of revenues. 
Sec. 430. Rights-of-way across the Coastal Plain. 
Sec. 431. Conveyance. 
Sec. 432. Local government impact aid and community service assistance. 
TITLE I—REFINERIES 
SEC. 102. TAX-EXEMPT FINANCING OF DOMESTIC USE OIL 
REFINERY FACILITIES. 
(a) IN GENERAL.— 
(1) TREATMENT AS EXEMPT FACILITY BOND.— 
Subsection (a) of section 142 of the Internal Rev-
enue Code of 1986 (relating to exempt facility bond) 
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is amended by striking ‘‘or’’ at the end of paragraph 
(14), by striking the period at the end of paragraph 
(15) and inserting ‘‘, and’’, and by inserting at the 
end the following new paragraph: 
‘‘(16) domestic use oil refinery facilities.’’. 
(2) DOMESTIC
USE
OIL
REFINERY
FACILI-
TIES.—Section 142 is amended by adding at the end 
the following new subsection: 
‘‘(n) DOMESTIC USE OIL REFINERY FACILITIES.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(16), the term ‘domestic use oil refinery facility’ 
means any facility in the United States— 
‘‘(A) which processes liquid fuel from 
crude oil, and 
‘‘(B) all of the output of which it is rea-
sonably certain ultimate consumption will occur 
in the United States. 
‘‘(2) ELECTION
TO
TERMINATE
TAX-EXEMPT 
BOND FINANCING BY CERTAIN REFINERIES.—In the 
case of a facility financed with bonds which would 
cease to be tax-exempt by reason of the failure to 
meet the domestic use requirement of this sub-
section, rules similar to the rules of subsection (f)(4) 
shall apply for purposes of this section.’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to bonds issued after the date of 
the enactment of this Act. 
SEC. 103. DESIGNATION AND AVAILABILITY OF FEDERAL 
LANDS FOR OIL AND NATURAL GAS REFIN-
ERIES. 
(a) DESIGNATION.—Within 18 months after the date 
of enactment of this Act, the President shall designate at 
least 10 sites on Federal lands that are suitable for the 
siting of an oil refinery or natural gas refinery (or both). 
(b) AVAILABILITY OF LANDS.—Within 24 months 
after the date of enactment of this Act, the President shall 
make each site designated under subsection (a) available 
to the private sector for construction of an oil refinery or 
natural gas refinery (or both), as appropriate. 
TITLE II—ALTERNATIVE 
ENERGY 
SEC. 201. EXTENSION OF CREDIT FOR ELECTRICITY PRO-
DUCED 
FROM 
CERTAIN 
RENEWABLE 
RE-
SOURCES. 
(a) IN GENERAL.—Subsection (d) of section 45 of the 
Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘January 1, 2013’’ in paragraph 
(1) and inserting ‘‘January 1, 2023’’, 
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(2) by striking ‘‘January 1, 2014’’ each place 
it appears in paragraphs (2), (3), (4), (6), (7), (9), 
and (11) and inserting ‘‘January 1, 2019’’, and 
(3) by striking ‘‘January 1, 2010’’ in paragraph 
(8) and inserting ‘‘January 1, 2015’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property originally placed in 
service on or after January 1, 2010. 
SEC. 202. EXTENSION OF ENERGY CREDIT FOR SOLAR. 
(a) IN GENERAL.—Paragraphs (2)(A)(i)(II) and 
(3)(A)(ii) of section 48 of the Internal Revenue Code of 
1986 are each amended by striking ‘‘January 1, 2017’’ 
and inserting ‘‘January 1, 2019’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 203. EQUALIZATION OF EXCISE TAX ON LIQUEFIED 
NATURAL GAS AND PER ENERGY EQUIVA-
LENT OF DIESEL. 
(a) IN GENERAL.—Subparagraph (B) of section 
4041(a)(2) of the Internal Revenue Code of 1986 is 
amended by striking the period at the end of clause (ii) 
and inserting ‘‘, and’’, and by inserting after clause (ii) 
the following new clause: 
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‘‘(iii) in the case of liquefied natural 
gas, 24.3 cents per energy equivalent of a 
gallon of diesel.’’. 
(b) ENERGY EQUIVALENT OF A GALLON OF DIESEL 
AND ADMINISTRATIVE PROVISION.—Paragraph (2) of sec-
tion 4041(a) of such Code is amended by adding at the 
end the following: 
‘‘(C) ENERGY EQUIVALENT OF A GALLON 
OF DIESEL.—For purposes of this paragraph, 
the term ‘energy equivalent of a gallon of diesel’ 
means, with respect to a liquefied natural gas 
fuel, the amount of such fuel having a Btu con-
tent of 137,380 (higher heating value). 
‘‘(D) ADMINISTRATIVE
PROVISIONS.—For 
purposes of applying this title with respect to 
the taxes imposed by this subsection, references 
to any liquid subject to tax under this sub-
section shall be treated as including references 
to liquefied natural gas subject to tax under 
this paragraph.’’. 
(c) 
CONFORMING
AMENDMENTS.—Section 
4041(a)(2)(B)(ii) of such Code is amended— 
(1) by striking ‘‘liquefied natural gas,’’, and 
(2) by striking ‘‘peat), and’’ and inserting 
‘‘peat) and’’. 
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(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any sale or use of liquefied nat-
ural gas after 14 days after the date of the enactment 
of this Act. 
SEC. 204. EXTENSION OF ALTERNATIVE FUEL CREDIT. 
(a) IN GENERAL.—Paragraph (5) of section 6426(d) 
of the Internal Revenue Code of 1986 (relating to alter-
native fuel credit) is amended by striking ‘‘December 31, 
2009’’ and inserting ‘‘December 31, 2010’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fuel sold or used after December 
31, 2009. 
TITLE III—NUCLEAR ENERGY 
SEC. 301. WASTE CONFIDENCE. 
The Nuclear Regulatory Commission may not deny 
an application for a license, permit, or other authorization 
under the Atomic Energy Act of 1954 on the grounds that 
sufficient capacity does not exist, or will not become avail-
able on a timely basis, for disposal of spent nuclear fuel 
or high-level radioactive waste from the facility for which 
the license, permit, or other authorization is sought. 
SEC. 302. ASME NUCLEAR CERTIFICATION CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 (relating to business related cred-
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its) is amended by adding at the end the following new 
section: 
‘‘SEC. 45R. ASME NUCLEAR CERTIFICATION CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
ASME Nuclear Certification credit determined under this 
section for any taxable year is an amount equal to 15 per-
cent of the qualified nuclear expenditures paid or incurred 
by the taxpayer. 
‘‘(b) QUALIFIED NUCLEAR EXPENDITURES.—For 
purposes of this section, the term ‘qualified nuclear ex-
penditures’ means any expenditure related to— 
‘‘(1) obtaining a certification under the Amer-
ican Society of Mechanical Engineers Nuclear Com-
ponent Certification program, or 
‘‘(2) increasing the taxpayer’s capacity to con-
struct, fabricate, assemble, or install components— 
‘‘(A) for any facility which uses nuclear en-
ergy to produce electricity, and 
‘‘(B) with respect to the construction, fab-
rication, assembly, or installation of which the 
taxpayer is certified under such program. 
‘‘(c) TIMING OF CREDIT.—The credit allowed under 
subsection (a) for any expenditures shall be allowed— 
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‘‘(1) in the case of a qualified nuclear expendi-
ture described in subsection (b)(1), for the taxable 
year of such certification, and 
‘‘(2) in the case of any other qualified nuclear 
expenditure, for the taxable year in which such ex-
penditure is paid or incurred. 
‘‘(d) SPECIAL RULES.— 
‘‘(1) BASIS
ADJUSTMENT.—For purposes of 
this subtitle, if a credit is allowed under this section 
for an expenditure, the increase in basis which would 
result (but for this subsection) for such expenditure 
shall be reduced by the amount of the credit allowed 
under this section. 
‘‘(2) DENIAL OF DOUBLE BENEFIT.—No deduc-
tion shall be allowed under this chapter for any 
amount taken into account in determining the credit 
under this section. 
‘‘(e) TERMINATION.—This section shall not apply to 
any expenditures paid or incurred in taxable years begin-
ning after December 31, 2019.’’. 
(b) CONFORMING AMENDMENTS.—(1) Subsection (b) 
of section 38 is amended by striking ‘‘plus’’ at the end 
of paragraph (34), by striking the period at the end of 
paragraph (335) and inserting ‘‘, plus’’, and by adding 
at the end the following new paragraph: 
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‘‘(36) the ASME Nuclear Certification credit 
determined under section 45R(a).’’. 
(2) Subsection (a) of section 1016 (relating to adjust-
ments to basis) is amended by striking ‘‘and’’ at the end 
of paragraph (36), by striking the period at the end of 
paragraph (37) and inserting ‘‘, and’’, and by adding at 
the end the following new paragraph: 
‘‘(38) to the extent provided in section 
45R(e)(1).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to expenditures paid or incurred 
in taxable years beginning after December 31, 2008. 
TITLE IV—DRILLING 
Subtitle A—Tax Provisions 
SEC. 401. CREDIT FOR PRODUCING FUEL FROM NON-
CONVENTIONAL SOURCES TO APPLY TO GAS 
PRODUCED ONSHORE FROM FORMATIONS 
MORE THAN 15,000 FEET DEEP. 
(a) IN GENERAL.—Subparagraph (B) of section 
45K(c)(1) is amended by striking ‘‘or’’ at the end of clause 
(i), by striking ‘‘and’’ at the end of clause (ii) and insert-
ing ‘‘or’’, and by inserting after clause (ii) the following 
new clause: 
‘‘(iii) an onshore well from a forma-
tion more than 15,000 feet deep, and’’. 
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(b) ELIGIBLE DEEP GAS WELLS.—Section 45K is 
amended by adding at the end the following new sub-
section: 
‘‘(h) ELIGIBLE DEEP GAS WELLS.—In the case of 
a well producing qualified fuel described in subsection 
(c)(1)(B)(iii)— 
‘‘(1) for purposes of subsection (e)(1)(A), such 
well shall be treated as drilled before January 1, 
1993, if such well is drilled after the date of the en-
actment of this subsection, and 
‘‘(2) subsection (e)(2) shall not apply.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years ending after the 
date of the enactment of this Act. 
SEC. 402. REPEAL OF MINIMUM CAPTURE REQUIREMENT 
FOR 
CARBON 
DIOXIDE 
SEQUESTRATION 
CREDIT. 
(a) IN GENERAL.—Subsection (c) of section 45Q of 
the Internal Revenue Code of 1986 is amended by insert-
ing ‘‘and’’ at the end of paragraph (1), by striking ‘‘, and’’ 
at the end of paragraph (2) and inserting a period, and 
by striking paragraph (3). 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to carbon dioxide captured after 
the date of the enactment of this Act. 
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Subtitle B—Oil and Gas Develop-
ment on the Coastal Plain of 
Alaska 
SEC. 421. SHORT TITLE. 
This subtitle may be cited as the ‘‘American-Made 
Energy and Good Jobs Act’’. 
SEC. 422. DEFINITIONS. 
In this subtitle: 
(1) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area described in appendix I to 
part 37 of title 50, Code of Federal Regulations. 
(2) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
SEC. 423. LEASING PROGRAM FOR LANDS WITHIN THE 
COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall take such ac-
tions as are necessary— 
(1) to establish and implement, in accordance 
with this subtitle and acting through the Director of 
the Bureau of Land Management in consultation 
with the Director of the United States Fish and 
Wildlife Service, a competitive oil and gas leasing 
program that will result in an environmentally sound 
program for the exploration, development, and pro-
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duction of the oil and gas resources of the Coastal 
Plain; and 
(2) to administer the provisions of this subtitle 
through regulations, lease terms, conditions, restric-
tions, prohibitions, stipulations, and other provisions 
that ensure the oil and gas exploration, development, 
and production activities on the Coastal Plain will 
result in no significant adverse effect on fish and 
wildlife, their habitat, subsistence resources, and the 
environment, including, in furtherance of this goal, 
by requiring the application of the best commercially 
available technology for oil and gas exploration, de-
velopment, and production to all exploration, devel-
opment, and production operations under this sub-
title in a manner that ensures the receipt of fair 
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. 
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(c) COMPLIANCE WITH REQUIREMENTS UNDER CER-
TAIN OTHER LAWS.— 
(1) COMPATIBILITY.—For purposes of the Na-
tional Wildlife Refuge System Administration Act of 
1966 (16 U.S.C. 668dd et seq.), the oil and gas 
leasing program and activities authorized by this 
section in the Coastal Plain are deemed to be com-
patible with the purposes for which the Arctic Na-
tional Wildlife Refuge was established, and no fur-
ther findings or decisions are required to implement 
this determination. 
(2) ADEQUACY OF THE DEPARTMENT OF THE 
INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT 
STATEMENT.—The 
‘‘Final 
Legislative 
Environ-
mental Impact Statement’’ (April 1987) on the 
Coastal Plain prepared pursuant to section 1002 of 
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-
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thorized by this subtitle before the conduct of the 
first lease sale. 
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.—Before conducting the first lease sale under 
this subtitle, the Secretary shall prepare an environ-
mental impact statement under the National Envi-
ronmental Policy Act of 1969 with respect to the ac-
tions authorized by this Act that are not referred to 
in paragraph (2). Notwithstanding any other law, 
the Secretary is not required to identify nonleasing 
alternative courses of action or to analyze the envi-
ronmental effects of such courses of action. The Sec-
retary shall only identify a preferred action for such 
leasing and a single leasing alternative, and analyze 
the environmental effects and potential mitigation 
measures for those two alternatives. The identifica-
tion of the preferred action and related analysis for 
the first lease sale under this subtitle shall be com-
pleted within 18 months after the date of enactment 
of this Act. The Secretary shall only consider public 
comments that specifically address the Secretary’s 
preferred action and that are filed within 20 days 
after publication of an environmental analysis. Not-
withstanding any other law, compliance with this 
paragraph is deemed to satisfy all requirements for 
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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.— 
(1) IN
GENERAL.—The Secretary, after con-
sultation with the State of Alaska, the city of 
Kaktovik, and the North Slope Borough, may des-
ignate up to a total of 45,000 acres of the Coastal 
Plain as a Special Area if the Secretary determines 
that the Special Area is of such unique character 
and interest so as to require special management 
and regulatory protection. The Secretary shall des-
ignate as such a Special Area the Sadlerochit Spring 
area, comprising approximately 4,000 acres. 
(2) MANAGEMENT.—Each such Special Area 
shall be managed so as to protect and preserve the 
area’s unique and diverse character including its 
fish, wildlife, and subsistence resource values. 
(3) EXCLUSION
FROM
LEASING
OR
SURFACE 
OCCUPANCY.—The Secretary may exclude any Spe-
cial Area from leasing. If the Secretary leases a Spe-
cial Area, or any part thereof, for purposes of oil 
and gas exploration, development, production, and 
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related activities, there shall be no surface occu-
pancy of the lands comprising the Special Area. 
(4) DIRECTIONAL DRILLING.—Notwithstanding 
the other provisions of this subsection, the Secretary 
may lease all or a portion of a Special Area under 
terms that permit the use of horizontal drilling tech-
nology from sites on leases located outside the Spe-
cial Area. 
(f) LIMITATION
ON
CLOSED
AREAS.—The Sec-
retary’s sole authority to close lands within the Coastal 
Plain to oil and gas leasing and to exploration, develop-
ment, and production is that set forth in this subtitle. 
(g) REGULATIONS.— 
(1) IN
GENERAL.—The Secretary shall pre-
scribe such regulations as may be necessary to carry 
out this subtitle, including rules and regulations re-
lating to protection of the fish and wildlife, their 
habitat, subsistence resources, and environment of 
the Coastal Plain, by no later than 15 months after 
the date of enactment of this Act. 
(2) REVISION
OF
REGULATIONS.—The Sec-
retary shall periodically review and, if appropriate, 
revise the rules and regulations issued under sub-
section (a) to reflect any significant biological, envi-
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