H.R.5899 - Roadmap for America's Energy Future111th Congress (2009-2010)
|Sponsor:||Rep. Nunes, Devin [R-CA-21] (Introduced 07/28/2010)|
|Committees:||House - Armed Services; Energy and Commerce; Natural Resources; Oversight and Government Reform; Transportation and Infrastructure; Ways and Means|
|Latest Action:||09/16/2010 Referred to the Subcommittee on Strategic Forces.|
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Text: H.R.5899 — 111th Congress (2009-2010)All Bill Information (Except Text)
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Introduced in House (07/28/2010)
To expand domestic fossil fuel production, develop more nuclear power, and expand renewable electricity.
Mr. Nunes (for himself, Mr. Ryan of Wisconsin, Mr. Shimkus, Mr. Bishop of Utah, and Mr. Simpson) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Ways and Means, Oversight and Government Reform, Armed Services, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To expand domestic fossil fuel production, develop more nuclear power, and expand renewable electricity.
(a) Short title.—This Act may be cited as “A Roadmap for America’s Energy Future”.
(b) Table of contents.—
Sec. 1. Short title; table of contents.
Sec. 100. Findings.
Sec. 101. Leasing program considered approved.
Sec. 102. Outer Continental Shelf Lease sales.
Sec. 103. Definitions under the Outer Continental Shelf Lands Act.
Sec. 104. Determination of Adjacent Zones and OCS Planning Areas.
Sec. 105. Outer Continental Shelf leasing program.
Sec. 106. Coordination with Adjacent States.
Sec. 107. Environmental studies.
Sec. 108. Outer Continental Shelf incompatible use.
Sec. 109. Repurchase of certain leases.
Sec. 110. Offsite environmental mitigation.
Sec. 121. Definitions.
Sec. 122. Leasing program for lands within the Coastal Plain.
Sec. 123. Lease sales.
Sec. 124. Grant of leases by the Secretary.
Sec. 125. Lease terms and conditions.
Sec. 126. Coastal Plain environmental protection.
Sec. 127. Expedited judicial review.
Sec. 128. Federal and State distribution of revenues.
Sec. 129. Rights-of-way across the Coastal Plain.
Sec. 130. Conveyance.
Sec. 131. Local government impact aid and community service assistance.
Sec. 141. Oil shale.
Sec. 151. Development and operation of facilities.
Sec. 152. Definitions relating to coal-to-liquid fuel and facilities.
Sec. 153. Repeal.
Sec. 201. Establishment of American-Made Energy Trust Fund.
Sec. 301. Findings.
Sec. 302. 200 operating permits by 2040.
Sec. 303. Recycle and safely store spent nuclear fuel.
Sec. 304. Confidence in availability of waste disposal.
Sec. 401. Reverse auction mechanism for renewable energy generation.
Sec. 501. National Commission on Outer Continental Shelf Oil Spill Prevention.
The Congress finds the following:
(1) The United States contains abundant oil and gas resources located within its lands.
(2) Development of domestic oil and gas resources can be accomplished in a safe and environmentally responsible manner.
(3) Increased development of domestic oil and gas resources could significantly boost economic growth, provide permanent well-paying jobs, and serve as a significant revenue source to the Federal government.
(4) The United States Geological Survey estimates that the Arctic National Wildlife Refuge contains a mean expected value of 10.4 billion barrels of technically recoverable oil.
(5) The Minerals Management Service has estimated there are 85 billion undiscovered, technically recoverable barrels of oil and 420 trillion cubic feet of natural gas in the outer Continental Shelf of the United States.
(6) The Minerals Management Service has estimated that less than 0.001 percent of oil produced on the Outer Continental Shelf of the United States since 1980 has been spilled.
(7) The National Academy of Sciences has estimated that less than 1 percent of petroleum in American waters is from drilling and extraction, and that 63 percent is from natural seepage.
(a) In General.—The Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 released 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 considered to have been approved by the Secretary as a final oil and gas leasing program under that section, and is considered to be in full compliance with and in accordance with all requirements of the Outer Continental Shelf Lands Act, National Environmental Policy Act of 1969, Endangered Species Act of 1973, Clean Air Act, Marine Mammal Protection Act of 1972, the Oil Pollution Control Act of 1990, and all other applicable laws.
(b) Final Environmental Impact Statement.—The Secretary is considered to have issued a legally sufficient final environmental impact statement for the program described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), and all other applicable laws.
(a) In general.—Except as provided in (b), 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 section as the “Secretary”) shall conduct a lease sale in each outer Continental Shelf planning region for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf.
(b) 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 Continental Shelf in a planning area under this subsection, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall—
(1) solicit if there is commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and
(2) if the Secretary determines that there is a commercial interest described in paragraph (1), conduct a lease sale in the planning area.
Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended—
“(f) The term ‘affected State’ means the ‘Adjacent State’.”;
(2) by striking the semicolon at the end of each of paragraphs (a) through (o) and inserting a period;
(3) by striking “; and” at the end of paragraph (p) and inserting a period;
“(r) The term ‘Adjacent State’ means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf to which such program, plan, lease sale, or leased tract appertains or on which such activity is, or is proposed to be, conducted. For purposes of this paragraph, the term ‘State’ includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and the other Territories of the United States.
“(s) The term ‘Adjacent Zone’ means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States.
“(t) The term ‘miles’ means statute miles.
“(u) The term ‘coastline’ has the same meaning as the term ‘coast line’ as defined in section 2(c) of the Submerged Lands Act (43 U.S.C. 1301(c)).”; and
(5) in paragraph (a), by inserting after “control” the following: “or lying within the United States exclusive economic zone adjacent to the Territories of the United States”.
Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the first sentence by striking “, and the President” and all that follows through the end of the sentence and inserting the following: “. The lines extending seaward and defining each State’s Adjacent Zone, and each OCS Planning Area, are as indicated on the maps for each outer Continental Shelf region entitled ‘Alaska OCS Region State Adjacent Zone and OCS Planning Areas’, ‘Pacific OCS Region State Adjacent Zones and OCS Planning Areas’, ‘Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas’, and ‘Atlantic OCS Region State Adjacent Zones and OCS Planning Areas’, all of which are dated September 2005 and on file in the Office of the Director, Minerals Management Service.”.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended—
(1) in subsection (a), by adding at the end of paragraph (3) the following: “The Secretary shall, in each 5-Year Program, include lease sales that when viewed as a whole propose to offer for oil and gas leasing at least 75 percent of the available unleased acreage within each OCS Planning Area. Available unleased acreage is that portion of the outer Continental Shelf that is not under lease at the time of the proposed lease sale, and has not otherwise been made unavailable for leasing by law.”;
“(c)(1) During the preparation of any proposed leasing program under this section, the Secretary shall consider and analyze leasing throughout the entire outer Continental Shelf without regard to any other law affecting such leasing. During this preparation the Secretary shall invite and consider suggestions from any interested Federal agency, including the Attorney General, in consultation with the Federal Trade Commission, and from the Governor of any coastal State. The Secretary may also invite or consider any suggestions from the executive of any local government in a coastal State that have been previously submitted to the Governor of such State, and from any other person. Further, the Secretary shall consult with the Secretary of Defense regarding military operational needs in the outer Continental Shelf. The Secretary shall work with the Secretary of Defense to resolve any conflicts that might arise regarding offering any area of the outer Continental Shelf for oil and gas leasing. If the Secretaries are not able to resolve all such conflicts, any unresolved issues shall be elevated to the President for resolution.
“(2) After the consideration and analysis required by paragraph (1), including the consideration of the suggestions received from any interested Federal agency, the Federal Trade Commission, the Governor of any coastal State, any local government of a coastal State, and any other person, the Secretary shall publish in the Federal Register a proposed leasing program accompanied by a draft environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. After the publishing of the proposed leasing program and during the comment period provided for on the draft environmental impact statement, the Secretary shall submit a copy of the proposed program to the Governor of each affected State for review and comment. The Governor may solicit comments from those executives of local governments in the Governor’s State that the Governor, in the discretion of the Governor, determines will be affected by the proposed program. If any comment by such Governor is received by the Secretary at least 15 days prior to submission to the Congress pursuant to paragraph (3) and includes a request for any modification of such proposed program, the Secretary shall reply in writing, granting or denying such request in whole or in part, or granting such request in such modified form as the Secretary considers appropriate, and stating the Secretary’s reasons therefor. All such correspondence between the Secretary and the Governor of any affected State, together with any additional information and data relating thereto, shall accompany such proposed program when it is submitted to the Congress.”; and
“(i) Projection of State Adjacent Zone resources and State and local government shares of OCS receipts.—Concurrent with the publication of the scoping notice at the beginning of the development of each 5-Year Outer Continental Shelf Oil and Gas Leasing Program, or as soon thereafter as possible, the Secretary shall—
“(1) provide to each Adjacent State a current estimate of proven and potential oil and gas resources located within the State’s Adjacent Zone; and
“(2) provide to each Adjacent State, and coastal political subdivisions thereof, a best-efforts projection of the OCS Receipts that the Secretary expects will be shared with each Adjacent State, and its coastal political subdivisions, using the assumption that the unleased tracts within the State’s Adjacent Zone are fully made available for leasing, including long-term projected OCS Receipts. In addition, the Secretary shall include a macroeconomic estimate of the impact of such leasing on the national economy and each State’s economy, including investment, jobs, revenues, personal income, and other categories.”.
Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 1345) is amended—
(1) in subsection (a) in the first sentence by inserting “, for any tract located within the Adjacent State’s Adjacent Zone,” after “government”; and
“(f)(1) No Federal agency may permit or otherwise approve, without the concurrence of the Adjacent State, the construction of a crude oil or petroleum products (or both) pipeline within the part of the Adjacent State’s Adjacent Zone that is withdrawn from oil and gas leasing, except that such a pipeline may be approved, without such Adjacent State’s concurrence, to pass through such Adjacent Zone if at least 50 percent of the production projected to be carried by the pipeline within its first 10 years of operation is from areas of the Adjacent State’s Adjacent Zone.
“(2) No State may prohibit the construction within its Adjacent Zone or its State waters of a natural gas pipeline that will transport natural gas produced from the outer Continental Shelf. However, an Adjacent State may prevent a proposed natural gas pipeline landing location if it proposes two alternate landing locations in the Adjacent State, acceptable to the Adjacent State, located within 50 miles on either side of the proposed landing location.”.
Section 20(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1346) is amended—
(1) by inserting “(1)” after “(d)”; and
“(A) Granting or directing lease suspensions and the conduct of all preliminary activities on outer Continental Shelf tracts, including seismic activities, are categorically excluded from the need to prepare either an environmental assessment or an environmental impact statement, and the Secretary shall not be required to analyze whether any exceptions to a categorical exclusion apply for activities conducted under the authority of this Act.
“(B) The environmental impact statement developed in support of each 5-Year Oil and Gas Leasing Program provides the environmental analysis for all lease sales to be conducted under the program and such sales shall not be subject to further environmental analysis.
“(C) Exploration plans shall not be subject to any requirement to prepare an environmental impact statement, and the Secretary may find that exploration plans are eligible for categorical exclusion due to the impacts already being considered within an environmental impact statement or due to mitigation measures included within the plan.
“(D) Within each OCS Planning Area, after the preparation of the first development and production plan environmental impact statement for a leased tract within the Area, future development and production plans for leased tracts within the Area shall only require the preparation of an environmental assessment unless the most recent development and production plan environmental impact statement within the Area was finalized more than 10 years prior to the date of the approval of the plan, in which case an environmental impact statement shall be required.”.
(a) In general.—No Federal agency may permit construction or operation (or both) of any facility, or designate or maintain a restricted transportation corridor or operating area on the Federal outer Continental Shelf or in State waters, that will be incompatible with, as determined by the Secretary of the Interior, oil and gas leasing and substantially full exploration and production of tracts that are geologically prospective for oil or natural gas (or both).
(1) located in an area of the outer Continental Shelf that is unavailable for oil and gas leasing by operation of law;
(2) used for a military readiness activity (as defined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note); or
(3) required in the national interest, as determined by the President.
(a) Authority To repurchase and cancel certain leases.—The Secretary of the Interior may repurchase and cancel any Federal oil and gas, geothermal, coal, oil shale, tar sands, or other mineral lease, whether onshore or offshore, but not including any outer Continental Shelf oil and gas leases that were subject to litigation in the Court of Federal Claims on January 1, 2006, if the Secretary finds that such lease qualifies for repurchase and cancellation under the regulations authorized by this section.
(b) Regulations.—Not later than 365 days after the date of the enactment of this Act, the Secretary shall publish a final regulation stating the conditions under which a lease referred to in subsection (a) would qualify for repurchase and cancellation, and the process to be followed regarding repurchase and cancellation.
(c) No prejudice.—This section shall not be interpreted to prejudice any other rights that the lessee would have in the absence of this section.
Notwithstanding any other provision of law, any person conducting activities under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.), the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), the Weeks Act (16 U.S.C. 552 et seq.), the General Mining Act of 1872 (30 U.S.C. 22 et seq.), the Materials Act of 1947 (30 U.S.C. 601 et seq.), or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), may in satisfying any mitigation requirements associated with such activities propose mitigation measures on a site away from the area impacted and the Secretary of the Interior shall accept these proposed measures if the Secretary finds that they generally achieve the purposes for which mitigation measures appertained.
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.
(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 production of the oil and gas resources of the Coastal Plain; and
(2) to administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, 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, development, and production to all exploration, development, and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.
(1) REPEAL.—Section 1003 of the Alaska National 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.
(1) COMPATIBILITY.—For purposes of the National 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 compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further 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 Environmental 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 requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale.
(3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS.—Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this subtitle 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 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 mitigation 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 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. 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 authority.—Nothing in this subtitle shall be considered to expand or limit State and local regulatory authority.
(1) IN GENERAL.—The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate 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 designate 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 Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy 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 technology from sites on leases located outside the Special Area.
(f) Limitation on closed areas.—The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this subtitle.
(1) IN GENERAL.—The Secretary shall prescribe such regulations as may be necessary to carry out this subtitle, including rules and regulations relating 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 Secretary shall periodically review and, if appropriate, revise the rules and regulations issued under subsection (a) to reflect any significant biological, environmental, or engineering data that come to the Secretary’s attention.
(a) In general.—Lands may be leased pursuant to this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;
(2) the holding of lease sales after such nomination process; and
(3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.
(c) Lease sale bids.—Bidding for leases under this subtitle shall be by sealed competitive cash bonus bids.
(d) Acreage minimum in first sale.—In the first lease sale under this subtitle, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres.
(1) conduct the first lease sale under this subtitle within 22 months after the date of the enactment of this Act;
(2) evaluate the bids in such sale and issue leases resulting from such sale, within 90 days after the date of the completion of such sale; and
(3) conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales.
(a) In general.—The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 123 any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary.
(b) Subsequent transfers.—No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General.
(1) provide for the payment of a royalty of not less than 12½ percent in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases;
(2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife;
(3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;
(4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary;
(5) provide that the standard of reclamation for lands required to be reclaimed under this subtitle shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as approved by the Secretary;
(6) contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 122(a)(2);
(7) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State;
(8) prohibit the export of oil produced under the lease; and
(9) contain such other provisions as the Secretary determines necessary to ensure compliance with the provisions of this subtitle and the regulations issued under this subtitle.
(b) Project labor agreements.—The Secretary, as a term and condition of each lease under this subtitle and in recognizing the Government’s proprietary interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this subtitle and the special concerns of the parties to such leases, shall require that the lessee and its agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease.
(a) No significant adverse effect standard To govern authorized Coastal Plain activities.—The Secretary shall, consistent with the requirements of section 122, administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that—
(1) 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, and the environment;
(2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and
(3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain.
(1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and
(3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan.
(c) Regulations To protect coastal plain fish and wildlife resources, subsistence users, and the environment.—Before implementing the leasing program authorized by this subtitle, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle.
(d) Compliance with Federal and State environmental laws and other requirements.—The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this subtitle shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:
(1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the “Final Legislative Environmental Impact Statement” (April 1987) on the Coastal Plain.
(2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration.
(3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain.
(A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and
(B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.
(5) Prohibitions on general public access and use on all pipeline access and service roads.
(6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this subtitle, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.
(7) Appropriate prohibitions or restrictions on access by all modes of transportation.
(8) Appropriate prohibitions or restrictions on sand and gravel extraction.
(9) Consolidation of facility siting.
(10) Appropriate prohibitions or restrictions on use of explosives.
(11) Avoidance, to the extent practicable, of springs, streams, and river system; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling.
(12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife.
(13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law.
(14) Fuel storage and oil spill contingency planning.
(15) Research, monitoring, and reporting requirements.
(16) Field crew environmental briefings.
(17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.
(18) Compliance with applicable air and water quality standards.
(19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.
(20) Reasonable stipulations for protection of cultural and archeological resources.
(21) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.
(1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement.
(2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
(3) The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.
(1) IN GENERAL.—The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources.
(A) Avoiding unnecessary duplication of facilities and activities.
(B) Encouraging consolidation of common facilities and activities.
(C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment.
(D) Utilizing existing facilities wherever practicable.
(E) Enhancing compatibility between wildlife values and development activities.
(1) manage public lands in the Coastal Plain subject to subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.
(A) except as provided in subparagraph (B), within the 60-day period beginning on the date of the action being challenged; or
(B) in the case of a complaint based solely on grounds arising after such period, within 60 days after the complainant knew or reasonably should have known of the grounds for the complaint.
(2) VENUE.—Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States District Court for the District of Columbia.
(3) LIMITATION ON SCOPE OF CERTAIN REVIEW.—Judicial review of a Secretarial decision to conduct a lease sale under this subtitle, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with the terms of this subtitle and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this subtitle shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.
(b) Limitation on other review.—Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.
(a) In general.—Notwithstanding any other provision of law, of the amount of adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle—
(1) 50 percent shall be paid to the State of Alaska; and
(2) except as provided in section 131(d), the balance shall be transferred to the American-Made Energy Trust Fund (established by section 9511 of the Internal Revenue Code of 1986).
(b) Payments to Alaska.—Payments to the State of Alaska under this section shall be made semiannually.
(1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act (30 U.S.C. 185), without regard to title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.); and
(2) under title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171).
(b) Terms and conditions.—The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.
(c) Regulations.—The Secretary shall include in regulations under section 122(g) provisions granting rights-of-way and easements described in subsection (a) of this section.
In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding the provisions of section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall convey—
(1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation effective January 22, 1993; and
(2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.
(1) IN GENERAL.—The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2) and that are directly impacted by the exploration for or production of oil and gas on the Coastal Plain under this subtitle.
(2) ELIGIBLE ENTITIES.—The North Slope Borough, the City of Kaktovik, and any other borough, municipal subdivision, village, or other community in the State of Alaska that is directly impacted by exploration for, or the production of, oil or gas on the Coastal Plain under this subtitle, as determined by the Secretary, shall be eligible for financial assistance under this section.
(1) planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence values;
(2) implementing mitigation plans and maintaining mitigation projects;
(3) developing, carrying out, and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including fire-fighting, police, water, waste treatment, medivac, and medical services; and
(A) coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; and
(B) provide to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report on the status of coordination between developers and the communities affected by development.
(1) IN GENERAL.—Any community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation.
(2) NORTH SLOPE BOROUGH COMMUNITIES.—A community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough.
(3) APPLICATION ASSISTANCE.—The Secretary shall work closely with and assist the North Slope Borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section.
(1) IN GENERAL.—There is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund.
(2) USE.—Amounts in the fund may be used only for providing financial assistance under this section.
(3) DEPOSITS.—Subject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from rents, bonuses, and royalties from Federal leases and lease sales authorized under this subtitle.
(4) LIMITATION ON DEPOSITS.—The total amount in the fund may not exceed $11,000,000.
(5) INVESTMENT OF BALANCES.—The Secretary of the Treasury shall invest amounts in the fund in interest bearing government securities.
(e) Authorization of appropriations.—To provide financial assistance under this section there is authorized to be appropriated to the Secretary from the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal year.
(1) The Office of Naval Petroleum and Oil Shale Reserves at the Department of Energy has estimated that oil shale resources located on Federal lands hold 2 trillion undiscovered technically recoverable barrels of oil.
(2) Oil shale is a strategically important domestic resource that should be developed to reduce the growing dependence of the United States on politically and economically unstable sources of foreign oil imports.
(3) The development of oil shale for research and commercial development should be conducted in an environmentally sound manner, using practices that minimize impacts.
(4) Development of such strategic unconventional fuel should occur, with an emphasis on sustainability, to benefit the United States while taking into account affected States and communities.
(5) Oil shale is one of the best resources available for advancing American technology and creating American jobs.
(6) Oil shale will be a critically important component of the Nation’s transportation fuel sector in particular, by providing a secure domestic source of aviation fuel for both commercial and military uses.
(b) Additional Research and Development Lease Sales.—The Secretary of the Interior shall hold a lease sale within 180 days after the date of enactment of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 10).
(c) Application of Regulations.—The oil shale management final rules published by the Department of the Interior on November 18, 2008 (73 Fed. Reg. 223), shall apply to all commercial leasing for the management of federally owned oil shale, and any associated minerals, located on Federal lands.
(d) Reduced Payments To Ensure Production.—The Secretary of the Interior may temporarily reduce royalties, fees, rentals, bonus, or other payments for leases of Federal lands for the development and production of oil shale resources as necessary to incentivize and encourage development of such resources, if the Secretary determines that the royalties, fees, rentals, bonus bids, and other payments otherwise authorized by law are hindering production of such resources.
(a) Authority.—The Secretary of Defense shall develop, construct, and operate a qualified coal-to-liquids facility, subject to the availability of appropriations provided in advance specifically for that purpose.
(b) Considerations.—In carrying out subsection (a), the Secretary shall consider land availability, testing opportunities, and proximity to raw materials.
For purposes of this title (except as otherwise provided)—
(1) COAL-TO-LIQUID FUEL.—The term “coal-to-liquid fuel” means any transportation-grade liquid fuel derived primarily from coal (including peat) and produced at a qualified coal-to-liquid facility.
(2) QUALIFIED COAL-TO-LIQUID FACILITY.—The term “qualified coal-to-liquid facility” means a manufacturing facility that has the capacity to produce at least 10,000 barrels per day of transportation grade liquid fuels from a feedstock that is primarily domestic coal (including peat and any property which allows for the capture, transportation, or sequestration of by-products resulting from such process, including carbon emissions).
Section 526 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17142) is repealed.
(a) Creation of trust fund.—Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by inserting at the end the following new section:
“(a) Establishment of Trust Fund.—There is established in the Treasury of the United States a trust fund to be known as the ‘American-Made Energy Trust Fund’, consisting of such amounts as may be appropriated or credited to the American-Made Energy Trust Fund as provided in this section.
“(1) the amounts required to be transferred under section 128 of A Roadmap for America’s Energy Future;
“(2) all amounts received by the United States as bonus bids, rents, and royalties for oil and gas leases of the outer Continental Shelf awarded after the date of the enactment of A Roadmap for America’s Energy Future that are not otherwise required by law to be paid by the United States; and
“(3) all amounts received by the United States as bonus bids, rents, and royalties for oil shale leases of Federal lands awarded after the date of the enactment of A Roadmap for America’s Energy Future.
“(c) Expenditures from American-Made Energy Trust Fund.—As provided by appropriation Acts, amounts in the American-Made Energy Trust Fund shall be available in any year to carry out sections 401 and 402 of A Roadmap for America’s Energy Future”..”.
(b) Clerical amendment.—The table of sections for subchapter A of chapter 98 of such Code is amended by inserting at the end the following new item:
“Sec. 9511. American-Made Energy Trust Fund.”.
The Congress finds that—
(1) there are 104 nuclear reactors currently operating in the United States, providing 20 percent of the electricity of the United States;
(2) between 1960 and 1980, the Nuclear Regulatory Commission issued 169 permits to construct nuclear power facilities;
(3) nuclear power is a safe, reliable, efficient, and affordable source of energy;
(4) there are 17 combined operating and license applications currently pending before the Nuclear Regulatory Commission;
(5) nuclear power is responsible for 72 percent of emission-free electricity production in the United States and is an essential tool for greenhouse gas reduction;
(6) increasing nuclear power threefold will create 480,000 construction jobs, 140,000 permanent jobs, and $20,000,000,000 in local, State, and Federal tax revenue each year;
(7) increasing nuclear power threefold will reduce electricity-based carbon dioxide emissions by 1,400,000,000 metric tons annually and will reduce carbon emissions by 65 percent by 2050; and
(8) increasing nuclear power threefold will produce 320 gigawatts of electricity to power 237,000,000 households and constitute 52 percent of United States electricity portfolio by 2030.
The Nuclear Regulatory Commission shall issue operating permits for 200 new commercial nuclear reactors, or the megawatt equivalent, by 2040, if there are a sufficient number of applicants.
(1) the Nuclear Waste Policy Act of 1982 requires the Federal Government to take ownership of high-level nuclear waste and spent nuclear fuel and build a permanent geologic repository in which to store this waste;
(2) the Nuclear Waste Policy Act of 1982, as amended in 1987, selected the Yucca Mountain site to be the sole geologic repository in which to store high-level nuclear waste and spent nuclear fuel;
(3) the Congress reaffirmed Yucca Mountain as the sole geologic repository in 2001;
(4) despite the foregoing laws, the Government has failed to accept high-level nuclear waste and spent nuclear fuel from utilities and has delayed construction of the Yucca Mountain repository;
(5) failure to accept high-level nuclear waste and spent nuclear fuel has led to more than 71 lawsuits filed by utilities against the Government, $600,000,000 in settlements being paid, and an estimated $12,300,000,000 in potential liabilities to settle remaining lawsuits;
(6) each year the Government refuses to accept high-level nuclear waste and spent nuclear fuel adds an estimated $500,000,000 in additional liabilities associated with future lawsuits; and
(7) the failure of the Federal Government to accept high-level nuclear waste and spent nuclear fuel from utilities is a significant barrier to the future development of additional nuclear power.
(1) The Federal Government remains obliged to construct and operate at least one high-level nuclear materials geologic repository for the disposal of spent nuclear fuel and high-level radioactive waste.
(2) The high-level nuclear waste repository site at Yucca Mountain shall remain the site for the Nation’s nuclear waste repository unless it is deemed technologically or scientifically unsuitable by the Nuclear Regulatory Commission following full statutory review of the Department of Energy’s license application to construct the Yucca Mountain repository.
(3) The Nuclear Regulatory Commission shall continue to review the Department of Energy’s pending license application to construct the nuclear waste repository at Yucca Mountain until a determination is made on the merits of the application.
(A) Seeking all other necessary regulatory approvals and permits to construct and operate the Yucca Mountain repository.
(B) Conducting all necessary design and engineering work to support construction of the repository.
(C) Undertaking all infrastructure activities necessary to support the construction or operation of the repository or transportation to the site of spent nuclear fuel and high-level radioactive waste. Infrastructure activities include, but are not limited to, safety upgrades; site preparation; the construction of a rail line to connect the Yucca Mountain site with the national rail network, including any facilities to facilitate rail operations; and construction, upgrade, acquisition, or operation of electrical grids or facilities, other utilities, communication facilities, access roads, rail lines, and nonnuclear support facilities.
(5) All statutory limitations on the amount of spent fuel that can be placed in Yucca Mountain shall be removed and replaced with new limits based on scientific and technical analysis of the full capacity of Yucca Mountain for the storage of spent nuclear fuel and high-level radioactive waste.
(c) Temporary nuclear fuel storage facilities.—The Secretary of the Interior shall grant all necessary rights of way and land use authorizations needed for a nuclear fuel storage facility if the State and locality in which such facility is located reach an agreement with a private entity. The Federal Government shall take title of the contents of any such facility upon closure or decommissioning.
(A) in subsection (d), by striking “The Secretary may” and inserting “Except as provided in subsection (f), the Secretary may”; and
(B) by adding at the end the following new subsection:
“(1) IN GENERAL.—Except as provided in paragraph (3), amounts in the Waste Fund shall be used by the Secretary of Energy, subject to the availability of appropriations provided in advance specifically for that purpose, to develop, construct, and operate a facility for the recycling of spent nuclear fuel.
“(2) CERTIFICATION.—The Secretary shall not develop, construct, and operate a facility under this subsection unless the President certifies to the Congress that recycling of the waste would reduce the overall projected cost to the Federal Government for safely accepting and disposing of high-level nuclear waste.”.
(2) PROHIBITION.—The Administration is prohibited from blocking or hindering spent nuclear fuel recycling activities.
(A) REQUIREMENT.—The Nuclear Regulatory Commission shall, as expeditiously as possible, but in no event later than 2 years after the date of enactment of this Act, complete a rulemaking establishing a process for the licensing by the Nuclear Regulatory Commission, under the Atomic Energy Act of 1954, of facilities for the recycling of spent nuclear fuel.
(B) FUNDING.—Amounts in the Nuclear Waste Fund established under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) shall be made available to the Nuclear Regulatory Commission to cover the costs of carrying out subparagraph (A) of this paragraph.
(1) OFFSETTING COLLECTIONS.—Fees collected by the Secretary of Energy and deposited into the Nuclear Waste Fund under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) shall be credited to the Nuclear Waste Fund as offsetting collections in amounts not to exceed the amounts annually appropriated from the Nuclear Waste Fund.
(2) ADDITIONAL NECESSARY SUMS.—To the extent that the level of budgetary resources from offsetting collections is insufficient to implement activities under the Nuclear Waste Policy Act of 1982 for a fiscal year, there are authorized to be appropriated for implementing those activities such additional sums as may be necessary from the balances in the Nuclear Waste Fund.
Notwithstanding any other provision of law, in deciding whether to permit the construction or operation of a nuclear reactor or any related facilities, the Nuclear Regulatory Commission shall deem, without further consideration, that sufficient capacity will be available in a timely manner to dispose of spent nuclear fuel and high level radioactive waste resulting from the operation of the reactor and any related facilities.
(a) Reverse auction.—Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to conduct reverse auctions, as described in subsection (b), to award funds from the American-Made Energy Trust Fund to owners or operators of qualified renewable energy facilities to generate an amount of electric energy.
(1) FREQUENCY.—Subject to amounts available in the American-Made Energy Trust Fund (including any amounts not obligated in the previous calendar year), the Secretary shall conduct a minimum of 2 reverse auctions per calendar year.
(2) BIDS.—In any reverse auction under this section, bids shall describe the amount of electric energy to be generated by the qualified renewable energy facility and the price per megawatt hour of electric energy that will be generated by such facility.
(A) bids that incorporate the lowest bid price per megawatt hour of electric energy; and
(B) existing subsidies and other support received by a bidder.
(i) 25 percent of the funds shall be awarded for the generation of electric energy by qualified renewable energy facilities that have a small generating capacity.
(ii) 25 percent of the funds shall be awarded for the generation of electric energy by qualified renewable energy facilities that have a mid-sized generating capacity.
(iii) 50 percent of the funds shall be awarded for the generation of electric energy by qualified renewable energy facilities that have a large generating capacity.
(B) INSUFFICIENT FUNDS.—If the Secretary determines that the amount of funds available in any calendar year in the American-Made Energy Trust Fund (including any amounts not obligated in the previous calendar year) are insufficient to provide adequate funding for each allocation described in clauses (i), (ii), and (iii) of subparagraph (A), the Secretary may reduce or eliminate any allocation requirement under such subparagraph.
(C) DETERMINATION BY SECRETARY.—With respect to the generating capacity of a qualified renewable energy facility, the Secretary shall determine what qualifies as a small, mid-sized, and large generating capacity for purposes of this paragraph.
(5) STANDARD AMOUNTS OF ELECTRIC ENERGY.—In each reverse auction under this section, the Secretary shall determine standard amounts of electric energy that owners or operators of qualified renewable energy facilities may bid on as well as the time allotted to generate such an amount of electric energy.
(6) CONFIDENTIALITY.—Information regarding the bid price of an owner or operator selected for an award of funds pursuant to a reverse auction under this section shall remain confidential until the initial award of funds to such owner or operator is made.
(7) INFORMATION REGARDING AUCTIONS.—Prior to each reverse auction under this section, the Secretary shall make publicly available information regarding such reverse auction, including standard amounts of electric energy described in paragraph (5) to be auctioned and allocations described in paragraph (4) for such auction.
(A) when generation of the amount of electric energy referenced in such owner or operator’s bid begins;
(B) on an incremental basis of generation until the amount of electric energy referenced in such owner or operator’s bid has been generated; or
(C) after the amount of electric energy referenced in such owner or operator’s bid has been generated.
(2) CONTRACTS FOR GENERATION.—In order to receive an award of funds pursuant to a reverse auction under this section, an owner or operator selected for such award of funds shall enter into a contract with the Secretary delineating the terms of the award of funds, including when such owner or operator shall be required to pay the Secretary an amount equal to funds awarded to such owner or operator for electric energy referenced in such owner or operator’s bid that such owner or operator fails to generate.
(A) IN GENERAL.—Except as provided in subparagraph (B), the renewable energy facility shall be in operation not later than 18 months after the owner or operator of such renewable energy facility is selected for an award of funds pursuant to a reverse auction under this section.
(B) EXTENSION.—The Secretary may grant an owner or operator of a renewable energy facility a one-time 6 month extension of the deadline for operation under subparagraph (A) if such owner or operator demonstrates, to the satisfaction of the Secretary, that operation is delayed due to regulatory constraints beyond the control of such owner or operator. Extensions under this subparagraph may not be granted for delays due to lack of financing or delayed equipment delivery.
(2) DEPOSIT.—An owner or operator of a renewable energy facility shall provide a deposit of, as determined by the Secretary, an appropriate amount per kilowatt hour of electricity to be generated by such facility for which the owner or operator is receiving an award of funds pursuant to a reverse auction under this section. Such deposit shall be due at the time of the initial award of funds to such owner or operator and shall be refunded when the facility begins operation. If the renewable energy facility is not in operation by the deadline for operation under subparagraph (A) or subparagraph (B) of paragraph (1), the owner or operator shall forfeit such deposit.
(3) EXPERTISE.—The owner or operator of the renewable energy facility shall demonstrate, to the satisfaction of the Secretary, competence with respect to the generation of electric energy from the renewable energy source used by such facility.
(4) DEMONSTRATED TECHNOLOGY.—The owner or operator of the renewable energy facility shall demonstrate, to the satisfaction of the Secretary, that the renewable energy generating technology used by such facility can be used on a commercial scale.
(5) ADDITIONAL CRITERIA.—Any additional criteria the Secretary determines appropriate.
(1) The term “American-Made Energy Trust Fund” means the trust fund established by section 9511 of the Internal Revenue Code of 1986.
(A) such facility is generating electric energy;
(B) such facility is transmitting electric energy onto the electric power grid; and
(C) electric energy generated by such facility is being sold to one or more electric utilities.
(3) The term “Secretary” means the Secretary of Energy.
(4) The term “renewable energy” has the meaning given such term in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)).
(A) for the generation of electric energy and the transmission of such electric energy onto the electric power grid; and
(B) that generates such electric energy from a renewable energy source.
(6) The term “qualified renewable energy facility” means a renewable energy facility that satisfies the criteria under subsection (d).
(1) TREATMENT AS QUALIFIED FACILITY.—A renewable energy facility for which funds are awarded under this section shall not be treated as a qualified facility for purposes of section 45 of the Internal Revenue Code of 1986 (relating to electricity produced from certain renewable resources, etc.).
(2) COORDINATION WITH TAX DEDUCTIONS AND CREDITS.—The amount taken into account in determining a deduction or credit under the Internal Revenue Code of 1986 with respect to a renewable energy facility shall be reduced by the amount of any award under this section.
(3) BASIS.—For purposes of the Internal Revenue Code of 1986, the basis of a renewable energy facility for which funds are awarded under this section shall be reduced by the amount of such award.
(a) Establishment.—There is established in the Legislative branch the National Commission on Outer Continental Shelf Oil Spill Prevention (referred to in this section as the “Commission”).
(1) to examine and report on the facts and causes relating to the Deepwater Horizon explosion and oil spill of 2010;
(2) to ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the incident;
(A) the Committees on Energy and Natural Resources and Commerce, Science, and Transportation of the Senate;
(B) the Committee on Natural Resources and the Subcommittee on Oversight and Investigations of the House of Representatives; and
(C) other Executive branch, congressional, or independent commission investigations into the Deepwater Horizon incident of 2010, other fatal oil platform accidents and major spills, and major oil spills generally;
(4) to make a full and complete accounting of the circumstances surrounding the incident, and the extent of the preparedness of the United States for, and immediate response of the United States to, the incident; and
(5) to investigate and report to the President and Congress findings, conclusions, and recommendations for corrective measures that may be taken to prevent similar incidents.
(A) 1 member shall be appointed by the President, who shall serve as Chairperson of the Commission;
(B) 1 member shall be appointed by the majority or minority (as the case may be) leader of the Senate from the Republican Party and the majority or minority (as the case may be) leader of the House of Representatives from the Republican Party, who shall serve as Vice Chairperson of the Commission;
(C) 2 members shall be appointed by the senior member of the leadership of the Senate from the Democratic Party;
(D) 2 members shall be appointed by the senior member of the leadership of the House of Representatives from the Republican Party;
(E) 2 members shall be appointed by the senior member of the leadership of the Senate from the Republican Party; and
(F) 2 members shall be appointed by the senior member of the leadership of the House of Representatives from the Democratic Party.
(A) POLITICAL PARTY AFFILIATION.—Not more than 5 members of the Commission shall be from the same political party.
(B) NONGOVERNMENTAL APPOINTEES.—An individual appointed to the Commission may not be a current officer or employee of the Federal Government or any State or local government.
(C) OTHER QUALIFICATIONS.—It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience and expertise in such areas as—
(ii) environmental compliance;
(iii) health and safety law (particularly oil spill legislation);
(iv) oil spill insurance policies;
(v) public administration;
(vi) oil and gas exploration and production;
(vii) environmental cleanup; and
(viii) fisheries and wildlife management.
(D) DEADLINE FOR APPOINTMENT.—All members of the Commission shall be appointed on or before September 15, 2010.
(E) INITIAL MEETING.—The Commission shall meet and begin the operations of the Commission as soon as practicable after the date of enactment of this Act.
(A) IN GENERAL.—After the initial meeting of the Commission, the Commission shall meet upon the call of the Chairperson or a majority of the members of the Commission.
(B) QUORUM.—6 members of the Commission shall constitute a quorum.
(C) VACANCIES.—Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner in which the original appointment was made.
(i) investigates relevant facts and circumstances relating to the Deepwater Horizon incident of April 20, 2010, and the associated oil spill thereafter, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; and
(I) permitting agencies;
(II) environmental and worker safety law enforcement agencies;
(III) national energy requirements;
(IV) deepwater and ultradeepwater oil and gas exploration and development;
(V) regulatory specifications, testing, and requirements for offshore oil and gas well explosion prevention;
(VI) regulatory specifications, testing, and requirements offshore oil and gas well casing and cementing regulation;
(VII) the role of congressional oversight and resource allocation; and
(VIII) other areas of the public and private sectors determined to be relevant to the Deepwater Horizon incident by the Commission;
(B) to identify, review, and evaluate the lessons learned from the Deepwater Horizon incident of April 20, 2010, regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, and the private sector, relative to detecting, preventing, and responding to those incidents; and
(C) to submit to the President and Congress such reports as are required under this section containing such findings, conclusions, and recommendations as the Commission determines to be appropriate, including proposals for organization, coordination, planning, management arrangements, procedures, rules, and regulations.
(A) first review the information compiled by, and any findings, conclusions, and recommendations of, the committees identified in subparagraphs (A) and (B) of subsection (b)(3); and
(i) those committees have not investigated that area;
(ii) the investigation of that area by those committees has not been completed; or
(iii) new information not reviewed by the committees has become available with respect to that area.
(A) hold such hearings, meet and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and
(B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials;as the Commission or such subcommittee or member considers to be advisable.
(I) by the agreement of the Chairperson and the Vice Chairperson; or
(II) by the affirmative vote of 6 members of the Commission.
(I) shall bear the signature of the Chairperson or any member designated by a majority of the Commission;
(II) and may be served by any person or class of persons designated by the Chairperson or by a member designated by a majority of the Commission for that purpose.
(i) IN GENERAL.—In the case of contumacy or failure to obey a subpoena issued under subparagraph (A), the United States district court for the district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring the person to appear at any designated place to testify or to produce documentary or other evidence.
(ii) JUDICIAL ACTION FOR NONCOMPLIANCE.—Any failure to obey the order of the court may be punished by the court as a contempt of that court.
(iii) ADDITIONAL ENFORCEMENT.—In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this subsection, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes (2 U.S.C. 192 through 194).
(3) CONTRACTING.—The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this section.
(A) IN GENERAL.—The Commission may secure directly from any Executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purposes of this section.
(B) COOPERATION.—Each Federal department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairperson, the Chairperson of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission.
(C) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—Information shall be received, handled, stored, and disseminated only by members of the Commission and the staff of the Commission in accordance with all applicable laws (including regulations and Executive orders).
(A) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the functions of the Commission.
(B) OTHER DEPARTMENTS AND AGENCIES.—In addition to the assistance prescribed in subparagraph (A), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as are determined to be advisable and authorized by law.
(6) GIFTS.—The Commission may accept, use, and dispose of gifts or donations of services or property, including travel, for the direct advancement of the functions of the Commission.
(7) POSTAL SERVICES.—The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.
(A) hold public hearings and meetings, to the extent appropriate; and
(B) release public versions of the reports required under paragraphs (1) and (2) of subsection (j).
(2) PUBLIC HEARINGS.—Any public hearings of the Commission shall be conducted in a manner consistent with the protection of proprietary or sensitive information provided to or developed for or by the Commission as required by any applicable law (including a regulation or Executive order).
(i) IN GENERAL.—The Chairperson, in consultation with the Vice Chairperson and in accordance with rules agreed upon by the Commission, may, without regard to the civil service laws (including regulations), appoint and fix the compensation of a staff director and such other personnel as are necessary to enable the Commission to carry out the functions of the Commission.
(ii) MAXIMUM RATE OF PAY.—No rate of pay fixed under this subparagraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.
(i) IN GENERAL.—The staff director and any personnel of the Commission who are employees shall be considered to be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(ii) MEMBERS OF COMMISSION.—Clause (i) shall not apply to members of the Commission.
(A) IN GENERAL.—An employee of the Federal Government may be detailed to the Commission without reimbursement.
(B) CIVIL SERVICE STATUS.—The detail of the employee shall be without interruption or loss of civil service status or privilege.
(3) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.
(A) NON-FEDERAL EMPLOYEES.—A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission.
(B) FEDERAL EMPLOYEES.—A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.
(2) TRAVEL EXPENSES.—A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.
(1) IN GENERAL.—Subject to paragraph (2), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the members and staff of the Commission appropriate security clearances, to the maximum extent practicable, pursuant to existing procedures and requirements.
(2) PROPRIETARY INFORMATION.—No person shall be provided with access to proprietary information under this section without the appropriate security clearances.
(1) INTERIM REPORTS.—The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of members of the Commission.
(2) FINAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of members of the Commission.
(A) IN GENERAL.—The Commission, and all the authority provided under this section, shall adjourn and be suspended, respectively, on the date that is 60 days after the date on which the final report is submitted under paragraph (2).
(i) providing testimony to committees of Congress concerning reports of the Commission; and
(ii) disseminating the final report submitted under paragraph (2).
(C) RECONVENING OF COMMISSION.—The Commission shall stand adjourned until such time as the President or the Secretary of Homeland Security declares an oil spill of national significance to have occurred, at which time—
(i) the Commission shall reconvene in accordance with subsection (c)(3); and
(ii) the authority of the Commission under this section shall be of full force and effect.
(A) $10,000,000 for the first fiscal year in which the Commission convenes; and
(B) $3,000,000 for each fiscal year thereafter in which the Commission convenes.
(A) for transfer to the Commission for use in carrying out the functions and activities of the Commission under this section; and
(B) until the date on which the Commission adjourns for the fiscal year under subsection (j)(3).
(l) Nonapplicability of Federal Advisory Committee Act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.