I 
111TH CONGRESS 
1ST SESSION H. R. 2846 
To increase energy independence and job creation by increasing safe American 
energy production, encouraging the development of alternative and renew-
able energy, and promoting greater efficiencies and conservation for 
a cleaner environment. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2009 
Mr. BOEHNER (for himself, Mr. ADERHOLT, Mr. AKIN, Mr. ALEXANDER, Mr. 
AUSTRIA, Mrs. BACHMANN, Mr. BACHUS, Mr. BARTON of Texas, Mrs. 
BIGGERT, Mr. BISHOP of Utah, Mrs. BLACKBURN, Mr. BLUNT, Mr. 
BONNER, Mr. BOUSTANY, Mr. BRADY of Texas, Mr. BROUN of Georgia, 
Mr. BROWN of South Carolina, Mr. CALVERT, Mr. CAMP, Mr. CANTOR, 
Mrs. CAPITO, Mr. CASSIDY, Mr. CHAFFETZ, Mr. COBLE, Mr. COLE, Mr. 
CONAWAY, Mr. CRENSHAW, Mr. CULBERSON, Mr. DREIER, Mr. DUNCAN, 
Ms. FALLIN, Mr. FLEMING, Mr. FORBES, Ms. FOXX, Mr. FRANKS of Ari-
zona, Mr. GINGREY of Georgia, Mr. GOHMERT, Mr. GOODLATTE, Ms. 
GRANGER, Mr. GRAVES, Mr. HALL
of Texas, Mr. HARPER, Mr. 
HASTINGS of Washington, Mr. HENSARLING, Mr. HERGER, Mr. HOEK-
STRA, Mr. HUNTER, Mr. ISSA, Ms. JENKINS, Mr. JORDAN of Ohio, Mr. 
KING of Iowa, Mr. KLINE of Minnesota, Mr. LAMBORN, Mr. LATTA, Mr. 
LEE of New York, Mr. LUETKEMEYER, Mrs. LUMMIS, Mr. MARCHANT, 
Mr. MCCARTHY of California, Mr. MCCAUL, Mr. MCHENRY, Mrs. 
MCMORRIS RODGERS, Mrs. MYRICK, Mrs. MILLER of Michigan, Mr. 
NEUGEBAUER, Mr. NUNES, Mr. OLSON, Mr. PENCE, Mr. PITTS, Mr. POE 
of Texas, Mr. PRICE of Georgia, Mr. REHBERG, Mr. ROE of Tennessee, 
Mr. ROGERS of Alabama, Mr. ROGERS of Kentucky, Mr. ROONEY, Mr. 
SCALISE, Mrs. SCHMIDT, Mr. SCHOCK, Mr. SENSENBRENNER, Mr. SES-
SIONS, Mr. SHADEGG, Mr. SHIMKUS, Mr. SMITH of Texas, Mr. SOUDER, 
Mr. TERRY, Mr. THOMPSON of Pennsylvania, Mr. TIAHRT, Mr. TIBERI, 
Mr. TURNER, Mr. UPTON, Mr. WAMP, and Mr. COFFMAN of Colorado) 
introduced the following bill; which was referred to the Committee on 
Natural Resources, and in addition to the Committees on the Judiciary, 
Ways and Means, Energy and Commerce, Armed Services, Oversight and 
Government Reform, and Science and Technology, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
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A BILL 
To increase energy independence and job creation by increas-
ing safe American energy production, encouraging the 
development of alternative and renewable energy, and 
promoting greater efficiencies and conservation for a 
cleaner environment. 
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 Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—AMERICAN ENERGY 
Subtitle A—OCS 
Sec. 101. Short title. 
Sec. 102. Policy. 
Sec. 103. Leasing program considered approved. 
Sec. 104. Lease sales. 
Sec. 105. Prohibitions on surface occupancy. 
Sec. 106. Definitions under the Submerged Lands Act. 
Sec. 107. Seaward boundaries of States. 
Sec. 108. Exceptions from confirmation and establishment of States’ title, 
power, and rights. 
Sec. 109. Definitions under the Outer Continental Shelf Lands Act. 
Sec. 110. Determination of adjacent zones and planning areas. 
Sec. 111. Administration of leasing. 
Sec. 112. Grant of leases by Secretary. 
Sec. 113. Disposition of receipts. 
Sec. 114. Reservation of lands and rights. 
Sec. 115. Outer Continental Shelf leasing program. 
Sec. 116. Coordination with Adjacent States. 
Sec. 117. Environmental studies. 
Sec. 118. Outer Continental Shelf incompatible use. 
Sec. 119. Repurchase of certain leases. 
Sec. 120. Offsite environmental mitigation. 
Sec. 121. OCS regional headquarters. 
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Sec. 122. Leases for areas located within 12 nautical miles of California or 
Florida. 
Sec. 123. Coastal impact assistance. 
Sec. 124. Repeal of the Gulf of Mexico Energy Security Act of 2006. 
Subtitle B—ANWR 
Sec. 141. Short title. 
Sec. 142. Definitions. 
Sec. 143. Leasing program for lands within the Coastal Plain. 
Sec. 144. Lease sales. 
Sec. 145. Grant of leases by the Secretary. 
Sec. 146. Lease terms and conditions. 
Sec. 147. Coastal Plain environmental protection. 
Sec. 148. Expedited judicial review. 
Sec. 149. Federal and State distribution of revenues. 
Sec. 150. Rights-of-way across the Coastal Plain. 
Sec. 151. Conveyance. 
Sec. 152. Local government impact aid and community service assistance. 
Subtitle C—Oil Shale 
Sec. 161. Oil shale. 
Subtitle D—Refinery Permit Process Schedule 
Sec. 171. Short title. 
Sec. 172. Definitions. 
Sec. 173. State assistance. 
Sec. 174. Refinery process coordination and procedures. 
Sec. 175. Designation of closed military bases. 
Sec. 176. Savings clause. 
Sec. 177. Refinery revitalization repeal. 
TITLE II—CONSERVATION AND EFFICIENCY 
Subtitle A—Tax Incentives for Fuel Efficiency 
Sec. 201. Extension of credit for alternative fuel vehicles. 
Sec. 202. Extension of alternative fuel vehicle refueling property credit. 
Sec. 203. Extension of credit for new qualified plug-in electric drive motor vehi-
cles. 
Subtitle B—Tapping America’s Ingenuity and Creativity 
Sec. 211. Definitions. 
Sec. 212. Statement of policy. 
Sec. 213. Prize authority. 
Sec. 214. Eligibility. 
Sec. 215. Intellectual property. 
Sec. 216. Waiver of liability. 
Sec. 217. Authorization of appropriations. 
Sec. 218. Next generation automobile prize program. 
Sec. 219. Advanced battery manufacturing incentive program. 
Subtitle C—Home and Business Tax Incentives 
Sec. 221. Extension of credit for energy efficient appliances. 
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Sec. 222. Extension of credit for nonbusiness energy property. 
Sec. 223. Extension of credit for residential energy efficient property. 
Sec. 224. Extension of new energy efficient home credit. 
Sec. 225. Extension of energy efficient commercial buildings deduction. 
Sec. 226. Extension of special rule to implement FERC and State electric re-
structuring policy. 
Sec. 227. Home energy audits. 
Sec. 228. Accelerated recovery period for depreciation of smart meters. 
TITLE III—NEW AND EXPANDING TECHNOLOGIES 
Subtitle A—Alternative Fuels 
Sec. 301. Repeal. 
Sec. 302. Government auction of long-term put option contracts on coal-to-liq-
uid fuel produced by qualified coal-to-liquid facilities. 
Sec. 303. Standby loans for qualifying coal-to-liquids projects. 
Subtitle B—Tax Provisions 
Sec. 311. Extension of renewable electricity, refined coal, and Indian coal pro-
duction credit. 
Sec. 312. Extension of energy credit. 
Sec. 313. Extension and modification of credit for clean renewable energy 
bonds. 
Sec. 314. Extension of credits for biodiesel and renewable diesel. 
Subtitle C—American Renewable and Alternative Energy Trust Fund 
Sec. 321. American Renewable and Alternative Energy Trust Fund. 
TITLE IV—NUCLEAR 
Sec. 401. Streamline the regulatory process. 
Sec. 402. Increase the supply of uranium. 
Sec. 403. Recycle and safely store spent nuclear fuel. 
Sec. 404. Confidence in availability of waste disposal. 
Sec. 405. Preferential treatment for certain nuclear reactors and related arti-
cles. 
Sec. 406. National Nuclear Energy Council. 
Sec. 407. Expansion of energy investment tax credit to include nuclear and 
clean-coal equipment. 
TITLE V—ENVIRONMENTAL REVIEW; GREENHOUSE GASES 
Sec. 501. Environmental review for renewable energy projects. 
Sec. 502. Greenhouse gas regulation under Clean Air Act. 
Sec. 503. Prohibition of consideration of impact of greenhouse gas. 
TITLE VI—LEGAL REFORM 
Sec. 601. Findings. 
Sec. 602. Exclusive jurisdiction over causes and claims relating to covered en-
ergy projects. 
Sec. 603. Time for filing complaint. 
Sec. 604. District court for the District of Columbia deadline. 
Sec. 605. Ability to seek appellate review. 
Sec. 606. Deadline for appeal to the Supreme Court. 
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Sec. 607. Limitation on scope of review and relief. 
Sec. 608. Legal fees. 
Sec. 609. Exclusion. 
Sec. 610. Covered energy project defined. 
TITLE I—AMERICAN ENERGY 
Subtitle A—OCS 
SEC. 101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Deep Ocean En-
ergy Resources Act of 2009’’. 
SEC. 102. POLICY. 
It is the policy of the United States that— 
(1) the United States is blessed with abundant 
energy resources on the outer Continental Shelf and 
has developed a comprehensive framework of envi-
ronmental laws and regulations and fostered the de-
velopment of state-of-the-art technology that allows 
for the responsible development of these resources 
for the benefit of its citizenry; 
(2) Adjacent States are required by the cir-
cumstances to commit significant resources in sup-
port of exploration, development, and production ac-
tivities for mineral resources on the outer Conti-
nental Shelf, and it is fair and proper for a portion 
of the receipts from such activities to be shared with 
Adjacent States and their local coastal governments; 
and 
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(3) among other bodies of inland waters, the 
Great Lakes, Long Island Sound, Delaware Bay, 
Chesapeake Bay, Albemarle Sound, San Francisco 
Bay, and Puget Sound are not part of the outer 
Continental Shelf, and are not subject to leasing by 
the Federal Government for the exploration, develop-
ment, and production of any mineral resources that 
might lie beneath them. 
SEC. 103. LEASING PROGRAM CONSIDERED APPROVED. 
(a) IN GENERAL.—The Draft Proposed Outer Conti-
nental Shelf Oil and Gas Leasing Program 2010–2015 re-
leased by the Secretary of the Interior (referred to in this 
section as the ‘‘Secretary’’) under section 18 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1344) is consid-
ered to have been approved by the Secretary as a final 
oil and gas leasing program under that section, and is con-
sidered to be in full compliance with and in accordance 
with all requirements of the Outer Continental Shelf 
Lands Act, National Environmental Policy Act, Endan-
gered Species Act, Clean Air Act, Marine Mammals Pro-
tection Act, the Oil Pollution Control Act, and all other 
applicable laws. 
(b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 
The Secretary is considered to have issued a legally suffi-
cient final environmental impact statement for the pro-
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gram described in subsection (a) in accordance with all 
requirements under section 102(2)(C) of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), 
and all other applicable laws. 
SEC. 104. LEASE SALES. 
(a) OUTER CONTINENTAL SHELF.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 30 days after the date of 
enactment of this Act and every 270 days thereafter, 
the Secretary of the Interior (referred to in this sec-
tion as the ‘‘Secretary’’) shall conduct a lease sale 
in each outer Continental Shelf planning region for 
which the Secretary determines that there is a com-
mercial interest in purchasing Federal oil and gas 
leases for production on the outer Continental Shelf. 
(2) 
SUBSEQUENT
DETERMINATIONS
AND 
SALES.—If the Secretary determines that there is 
not a commercial interest in purchasing Federal oil 
and gas leases for production on the outer Conti-
nental Shelf in a planning area under this sub-
section, not later than 2 years after the date of en-
actment of the determination and every 2 years 
thereafter, the Secretary shall— 
(A) solicit if there is commercial interest in 
purchasing Federal oil and gas leases for pro-
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