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text:
 110 HR 6161 IH: American-Made Energy and
 U.S. House of Representatives
 2008-05-22
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 I
 110th CONGRESS
 2d Session
 H. R. 6161
 IN THE HOUSE OF REPRESENTATIVES
 May 22, 2008
 Mr. Rogers of
 Michigan introduced the following bill; which was referred to the
 Committee on Energy and
 Commerce, and in addition to the Committees on
 Ways and Means,
 Natural Resources,
 Transportation and
 Infrastructure, Rules, and
 Science and Technology,
 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
 A BILL
 To provide for American energy independence by July 4,
 2015.
 1.Short title; table of
 contents
 (a)Short
 titleThis Act may be cited
 as the American Energy Independence
 Act.
 (b)Table of
 contentsThe table of contents for this Act is as follows:
 Sec. 1. Short title; table of contents.
 Title I—Passenger automobile replacement credit
 Sec. 101. Passenger automobile replacement credit.
 Title II—Energy efficient server computer credit
 Sec. 201. Energy efficient server computer credit.
 Title III—Loan Guarantees for Advanced Conservation and Fuel
 Efficiency Motor Vehicle Technology Projects
 Sec. 301. Authority.
 Sec. 302. Amount.
 Title IV—Transportation Technology
 Sec. 401. Addition to CMAQ-eligible projects.
 Title V—Coal-to-Liquid Aviation Fuel
 Sec. 501. Aviation fuel produced from clean coal and
 alternative and unconventional domestic feedstocks for civilian and military
 aircraft.
 Title VI—NUCLEAR ENERGY
 Sec. 601. Incentives for innovative technologies.
 Sec. 602. Standby support for certain nuclear plant
 delays.
 Sec. 603. Authorization for nuclear power 2010
 program.
 Sec. 604. Domestic manufacturing base for nuclear components
 and equipment.
 Sec. 605. Nuclear energy workforce.
 Sec. 606. Licensing of new nuclear power plants.
 Sec. 607. Investment tax credit for investments in nuclear
 power facilities.
 Sec. 608. National Nuclear Energy Council.
 Sec. 609. Temporary spent nuclear fuel storage
 agreements.
 Sec. 610. Implementation of temporary spent nuclear fuel
 storage agreements.
 Sec. 611. Expedited procedures for congressional review of
 temporary spent nuclear fuel storage agreements.
 Sec. 612. Contracting and Nuclear Waste Fund.
 Sec. 613. Confidence in availability of waste
 disposal.
 Title VII—Energy Production and Conservation Tax
 Incentives
 Sec. 700. Amendment of 1986 Code.
 Subtitle A—Extension of clean energy production
 incentives
 Sec. 701. Extension and modification of renewable energy
 production tax credit.
 Sec. 702. Extension and modification of solar energy and fuel
 cell investment tax credit.
 Sec. 703. Extension and modification of residential energy
 efficient property credit.
 Sec. 704. Extension and modification of credit for clean
 renewable energy bonds.
 Sec. 705. Extension of special rule to implement FERC
 restructuring policy.
 Subtitle B—Extension of incentives to improve energy
 efficiency
 Sec. 711. Extension and modification of credit for energy
 efficiency improvements to existing homes.
 Sec. 712. Extension and modification of tax credit for energy
 efficient new homes.
 Sec. 713. Extension and modification of energy efficient
 commercial buildings deduction.
 Sec. 714. Modification and extension of energy efficient
 appliance credit for appliances produced after 2007.
 Title VIII—Repeal of limitation on tax credit for efficient
 windows
 Sec. 801. Repeal of separate dollar limitation applicable to
 efficient windows under the nonbusiness energy property credit.
 Title IX—New Domestic Supplies of Oil and Gas
 Subtitle A—Arctic National Wildlife Refuge
 Sec. 901. Short title.
 Sec. 902. Definitions.
 Sec. 903. Leasing program for lands within the Coastal
 Plain.
 Sec. 904. Lease sales.
 Sec. 905. Grant of leases by the Secretary.
 Sec. 906. Lease terms and conditions.
 Sec. 907. Coastal plain environmental protection.
 Sec. 908. Expedited judicial review.
 Sec. 909. Federal and State distribution of
 revenues.
 Sec. 910. Rights-of-way across the Coastal Plain.
 Sec. 911. Conveyance.
 Sec. 912. Local government impact aid and community service
 assistance.
 Subtitle B—Offshore oil and gas
 Sec. 921. Termination of moratoria on leasing and
 permitting.
 Title X—Climate Change Research and Development
 Funding
 Sec. 1001. Applied research.
 IPassenger
 automobile replacement credit
 101.Passenger
 automobile replacement credit
 (a)In
 generalSubpart C of part IV
 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by
 redesignating section 36 as section 37 and by inserting after section 35 the
 following new section:
 36.Passenger
 automobile replacement credit
 (a)Allowance of
 creditIn the case of an
 individual, there shall be allowed as a credit against the tax imposed by this
 subtitle an amount equal to the amount paid or incurred by the taxpayer during
 the taxable year for a new passenger automobile in connection with a qualified
 trade-in.
 (b)Limitations
 (1)Dollar
 limitationThe credit allowed under this section shall not exceed
 $1,500 with respect to any taxpayer for any taxable year.
 (2)No credit with
 respect to automobile manufacturers out of compliance with CAFÉ
 standardsNo credit shall be
 allowed under subsection (a) with respect to the purchase of any new passenger
 automobile if a penalty was imposed under chapter 329 of title 49, United
 States Code, with respect to the manufacturer of such new passenger automobile
 at any time during the 1-year period ending on the date of such
 purchase.
 (c)Qualified
 trade-InFor purposes of this section—
 (1)In
 generalThe term qualified trade-in means, with
 respect to the purchase of any new passenger automobile, the transfer of a
 qualified used automobile to the dealer from whom such new passenger automobile
 is purchased as part of the same transaction as such purchase.
 (2)Qualified used
 automobileThe term qualified used automobile means
 any passenger automobile which was originally placed in service at least 15
 years before the date of the qualified trade-in and title to which has been
 held by the taxpayer at all times during the 2-year period ending on the date
 of the qualified
 trade-in.
 .
 (b)Conforming
 amendments
 (1)Section
 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking
 34, and all that follows through 6428 and
 inserting 34, 35, 36, 53(e), and 6428.
 (2)Section 1324(b)(2)
 of title 31, United States Code, is amended by inserting , 36,
 after section 35.
 (3)The table of sections for subpart C of part
 IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended
 by redesignating the item relating to section 36 as an item relating to section
 37 and by inserting before such item the following new item:
 Sec. 36. Passenger automobile replacement
 credit.
 .
 (c)Effective
 dateThe amendments made by this section shall apply to taxable
 years beginning after the date of the enactment of this Act.
 IIEnergy efficient
 server computer credit
 201.Energy efficient
 server computer credit
 (a)In
 GeneralSubpart D of part IV of subchapter A of chapter 1 of the
 Internal Revenue Code of 1986 (relating to business-related credits) is amended
 by adding at the end the following new section:
 45O.Energy efficient
 server computer credit
 (a)General
 ruleFor purposes of section 38, the energy efficient server
 computer credit determined under this section for the taxable year is an amount
 equal to 20 percent of the amount paid or incurred by the taxpayer during the
 taxable year for server computers which meet the Energy Star program
 requirements and are used in the taxpayer’s trade or business.
 (b)No double
 benefitNo deduction or
 credit shall be allowed under any other provision of this chapter with respect
 to the amount of the credit determined under this
 section.
 .
 (b)Credit To be
 part of general business creditSubsection (b) of section 38 of
 such Code (relating to general business credit) is amended by striking
 plus at the end of paragraph (30), by striking the period at the
 end of paragraph (31) and inserting , plus , and by adding at
 the end the following new paragraph:
 (32)the energy
 efficient server computer credit determined under section
 45O(a).
 .
 (c)Clerical
 amendmentThe table of sections for subpart D of part IV of
 subchapter A of chapter 1 of such Code is amended by inserting after the item
 relating to section 45N the following new item:
 Sec. 45O. Energy efficient server computer
 credit.
 .
 (d)Effective
 dateThe amendments made by this section shall apply to taxable
 years beginning after the date of the enactment of this Act.
 IIILoan Guarantees
 for Advanced Conservation and Fuel Efficiency Motor Vehicle Technology
 Projects
 301.AuthoritySection 1703 of the Energy Policy Act of
 2005 (42 U.S.C. 16513) is amended by adding at the end the following new
 subsection:
 (f)Fuel efficient
 vehicle projectsThe
 Secretary shall make guarantees under this title to motor vehicle manufacturers
 and suppliers in the United States for advanced conservation and fuel
 efficiency motor vehicle technology projects for the production of new motor
 vehicles that do not exceed 10,000 lbs. gross vehicle weight, including
 gasoline and diesel vehicles, flexible fuel vehicles, and hybrid electric
 vehicles, that reduce dependence on oil and the emissions of one or more
 greenhouse
 gases.
 .
 302.AmountSection 1702(c) of the Energy Policy Act of
 2005 (42 U.S.C. 16512(c)) is amended by adding at the end the following:
 In the case of advanced conservation and fuel efficiency motor vehicle
 technology projects under section 1703(f), the aggregate amount of guarantees
 under this title shall not exceed $20,000,000,000..
 IVTransportation
 Technology
 401.Addition to
 CMAQ-eligible projects
 (a)In
 generalSection 149(b) of
 title 23, United States Code, is amended—
 (1)by
 striking or at the end of paragraph (6);
 (2)by striking the
 period at the end of paragraph (7) and inserting ; or;
 and
 (3)by inserting after paragraph (7) the
 following:
 (8)if the project or program is for operation
 and maintenance of intelligent transportation system strategies that serve a
 nonattainment or maintenance
 area.
 .
 (b)ApplicabilityThe amendment made by subsection (a) shall
 take effect on October 1, 2008.
 VCoal-to-Liquid
 Aviation Fuel
 501.Aviation fuel
 produced from clean coal and alternative and unconventional domestic feedstocks
 for civilian and military aircraft
 (a)Establishment of
 alternative jet fuel programFrom amounts made available under
 section 48102(a) of title 49, United States Code, the Secretary of
 Transportation, in consultation with the Secretary of the Air Force, shall
 establish a program related to developing jet fuel produced from clean coal and
 from alternative and unconventional domestic feedstocks. The program shall
 include participation by educational and research institutions that have
 existing facilities and experience in the development and deployment of
 technologies that process coal and alternative and unconventional domestic
 feedstocks into aviation fuel.
 (b)Program
 requirementsAny alternative jet fuel program established by a
 Federal agency, including the program established under subsection (a) and the
 Department of the Air Force alternative jet fuel program, may include grants,
 reimbursable agreements, long-term contracts, and other instruments authorized
 under section 106(l)(6) of title 49, United States Code. Such program may
 include long-term contracts or agreements for the acquisition of alternative
 jet fuel, but only if such contracts or agreements are—
 (1)for a term of not
 more than 25 years;
 (2)at a price that is
 competitive, throughout the term of the contract or agreement, with the market
 price of petroleum-derived aviation fuel of similar quality; and
 (3)for a fuel that has
 lower lifecycle greenhouse gas emissions as compared to the lifecycle
 greenhouse gas emissions of the petroleum-based aviation fuel that was
 displaced.
 (c)ClarificationIn
 the case of a Federal agency agreement for alternative jet fuel, the lifecycle
 greenhouse gas emissions associated with the production and combustion of the
 fuel supplied under the contract shall be considered to be less than such
 emissions from the equivalent conventional fuel produced from conventional
 petroleum sources if such emissions are determined to be lower—
 (1)by peer-reviewed
 research conducted or reviewed by a national laboratory; or
 (2)by the head of the
 Federal agency, based on available research and testing.
 (d)Designation of
 institution as a center of excellenceNot later than 180 days
 after the date of enactment of this Act, the Administrator of the Federal
 Aviation Administration shall designate an institution described in subsection
 (a) as a Center for Excellence for Coal-to-Jet-Fuel Research.
 (e)Tax credit for
 alternative and unconventional aviation fuel mixture
 (1)In
 generalSection 6426 of the Internal Revenue Code of 1986 is
 amended by adding at the end the following new subsection:
 (i)Alternative and
 unconventional aviation fuel mixture
 (1)In
 generalFor purposes of this section, the alternative and
 unconventional aviation fuel mixture credit is the product of 50 cents and the
 number of gallons of alternative and unconventional aviation fuel used by the
 taxpayer in producing any alternative and unconventional aviation fuel mixture
 for sale or use in a trade or business of the taxpayer.
 (2)Alternative and
 unconventional aviation fuel mixtureFor purposes of this
 subsection, the term alternative and unconventional aviation fuel
 mixture means a mixture of alternative and unconventional aviation fuel
 and aviation-grade kerosene which—
 (A)is sold by the
 taxpayer producing such mixture to any person for use as a fuel; or
 (B)is used as a fuel
 by the taxpayer producing such mixture.
 (3)Alternative and
 unconventional aviation fuelFor purposes of this subsection, the
 term alternative and unconventional aviation fuel means aviation
 fuel that is produced from unconventional resources (including coal, natural
 gas, biomass, ethanol, butanol, and hydrogen) and is determined, through
 peer-reviewed research conducted or reviewed by a national laboratory, or by
 the head of a Federal agency, would produce lower lifecycle greenhouse gas
 emissions, as compared to the lifecycle greenhouse gas emissions of the
 displaced aviation fuel.
 (4)TerminationThis
 subsection shall not apply to any sale or use for any period after December 31,
 2016.
 .
 (2)Conforming
 amendmentSection 6426(a)(1) of the Internal Revenue Code of 1986
 is amended by striking and (e) and inserting (e), and
 (i).
 (3)Effective
 dateThe amendments made by this subsection shall apply to any
 sale or use after the date of the enactment of this Act.
 (f)Sense of
 CongressIt is the sense of Congress that the Department of
 Transportation, Federal Aviation Administration, Department of the Air Force,
 and other Federal agencies should continue research, testing, evaluation, and
 use of alternative fuels as defined in this section with the goals of—
 (1)reducing
 emissions;
 (2)lowering the cost
 of aviation fuel; and
 (3)increasing the
 performance, reliability, and security of aviation fuel production and
 supply.
 VINuclear
 Energy
 601.Incentives for
 innovative technologies
 (a)Definition of
 project costSection 1701(1) of the Energy Policy Act of 2005 (42
 U.S.C. 16511(1)) is amended by inserting a new paragraph (4) and renumbering
 the paragraphs accordingly:
 (4)Project
 costThe term project cost means all costs
 associated with the development, planning, design, engineering, permitting and
 licensing, construction, commissioning, start-up, shakedown and financing of
 the facility, including but not limited to reasonable escalation and
 contingencies, the cost of and fees for the guarantee, reasonably required
 reserve funds, initial working capital and interest during
 construction.
 .
 (b)Terms and
 conditionsSection 1702 of the Energy Policy Act of 2005 (42
 U.S.C. 16512) is amended by striking subsections (b) and (c) and inserting the
 following:
 (b)Specific
 appropriation or contribution
 (1)In
 generalNo guarantee shall be made unless—
 (A)an appropriation
 for the cost has been made; or
 (B)the Secretary has
 received from the borrower a payment in full for the cost of the obligation and
 deposited the payment into the Treasury; or
 (C)a combination of
 (A) and (B) has been made, that when combined is sufficient to cover the cost
 of the obligation.
 (2)Relation to
 other lawsSection 504 (b) of the Federal Credit Reform Act of
 1990 (2 U.S.C. 661c (b)) shall not apply to a loan guarantee made in accordance
 with paragraph
 (1)(B).
 .
 (c)AmountSection
 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by striking
 subsection (c) and inserting the following:
 (c)Amount
 (1)In
 generalSubject to paragraph (2), the Secretary shall guarantee
 100 percent of the obligation for a facility that is the subject of the
 guarantee, or a lesser amount if requested by the borrower.
 (2)LimitationThe
 total amount of loans guaranteed for a facility by the Secretary shall not
 exceed 80 percent of the total cost of the facility, as estimated at the time
 at which the guarantee is
 issued.
 .
 (d)FeesSection
 1702(h) of the Energy Policy Act of 2005 (42 U.S.C. 16512(h)) is amended by
 striking paragraph (2) and inserting the following:
 (2)AvailabilityFees
 collected under this subsection shall—
 (A)be deposited by
 the Secretary into a special fund in the Treasury to be known as the
 Incentives For Innovative Technologies Fund; and
 (B)remain available
 to the Secretary for expenditure, without further appropriation or fiscal year
 limitation, for administrative expenses incurred in carrying out this
 title.
 .
 602.Standby support
 for certain nuclear plant delays
 (a)DefinitionsSection
 638(a) of the Energy Policy Act of 2005 (42 U.S.C. 16014(a)) is amended as
 follows:
 (1)By inserting the
 following:
 (4)Full power
 operationThe term full power operation means
 whichever occurs first of—
 (A)the
 commercial operation date or the equivalent under the terms of the
 financing documents for such facility, or
 (B)operation of such
 facility at an average of 50 percent or greater of nameplate capacity over any
 consecutive 30-day period.
 (5)Increased
 project costsThe term increased project costs means
 the increased cost of constructing, commissioning, testing, operating or
 maintaining a reactor prior to full-power operation incurred as a result of a
 delay covered by the contract including but not limited to costs of
 demobilization and remobilization, increased costs of equipment, materials and
 labor due to delay (including idle time), increased general and administrative
 costs, and escalation costs for completing construction.
 (6)LitigationThe
 term litigation means adjudication in Federal, State, local or
 tribal courts and administrative proceedings or hearings at or before Federal,
 State, local or tribal agencies or administrative
 bodies.
 .
 (2)By redesignating
 paragraph (4) as paragraph (7).
 (b)Contract
 authoritySection 638(b) of the Energy Policy Act of 2005 (42
 U.S.C. §16014(b)) is amended by striking paragraph (1) and inserting the
 following:
 (1)In
 generalThe Secretary may enter into contracts under this section
 with sponsors of an advanced nuclear facility that cover at any one time
 outstanding a total of not more than 6 reactors, with the 6 reactors consisting
 of not more than 3 different reactor designs, in accordance with paragraph (2).
 In the event that any contract entered into under this section terminates or
 expires without a claim being paid by the Secretary thereunder, then the
 Secretary may enter into a new contract under this section in replacement or
 substitution for such
 contract.
 .
 (c)Covered
 costsSection 638(d) of the Energy Policy Act of 2005 (42. U.S.C.
 §16014(d)) is amended by striking paragraphs (2) and (3) and inserting the
 following:
 (2)CoverageIn
 the case of reactors that receive combined licenses and on which construction
 is commenced, the Secretary shall pay—
 (A)100 percent of the
 covered costs of delay that occur after the initial 30-day period of covered
 delay; but
 (B)not more than
 $500,000,000 per contract.
 (3)Covered debt
 obligationsDebt obligations covered under subparagraph (A) of
 paragraph (5) shall include but not be limited to debt obligations incurred to
 pay increased project
 costs.
 .
 (d)Dispute
 resolutionSection 638 of the Energy Policy Act of 2005 (42
 U.S.C. 16014) is amended as follows:
 (1)by inserting the
 following:
 (f)Dispute
 resolutionAny controversy or claim arising out of or relating to
 any contract entered into under this section shall be determined by arbitration
 in Washington, DC according to the then prevailing Commercial Arbitration Rules
 of the American Arbitration Association. A decision by the arbitrator(s) shall
 be final and binding, and any court having jurisdiction may enter judgment on
 it.
 ;
 and
 (2)by
 designating subsections (f), (g), and (h) as subsections (g), (h), and (i)
 respectively.
 603.Authorization
 for nuclear power 2010 programSection 952(c) of the Energy Policy Act of
 2005 (42 U.S.C. 16014) is amended by striking subsections (1) and (2) and
 substituting the following:
 (1)In
 generalThe Secretary shall carry out a Nuclear Power 2010
 Program to position the nation to start construction of new nuclear power
 plants by 2010 or as close to 2010 as achievable.
 (2)Scope of
 programThe Nuclear Power 2010 Program shall be cost-shared with
 the private sector and shall support the following objectives:
 (A)Demonstrating the
 licensing process for new nuclear power plants, including the Nuclear
 Regulatory Commission process for obtaining early site permits (EPS), combined
 construction/operating licenses (cols), and design certifications.
 (B)Conducting
 first-of-a-kind design and engineering work on at least two advanced nuclear
 reactor designs sufficient to bring those designs to a state of design
 completion sufficient to allow development of firm cost estimates.
 (3)Authorization of
 appropriationsThere are authorized to be appropriated to the
 Secretary to carry out the Nuclear Power 2010 Program—
 (A)$182,800,000 for
 fiscal year 2008;
 (B)$159,600,000 for
 fiscal year 2009;
 (C)$135,600,000 for
 fiscal year 2010;
 (D)$46,900,000 for
 fiscal year 2011; and
 (E)$2,200,000 for
 fiscal year 2012.
 604.Domestic
 manufacturing base for nuclear components and equipment
 (a)Establishment of
 interagency working group
 (1)Purposes
 (A)to increase the
 competitiveness of the United States nuclear energy products and services
 industries;
 (B)to identify the
 stimulus or incentives necessary to cause United States manufacturers of
 nuclear energy products to expand manufacturing capacity;
 (C)to facilitate the
 export of United States nuclear energy products and services;
 (D)to reduce the trade
 deficit of the United States through the export of United States nuclear energy
 products and services;
 (E)to retain and
 create nuclear energy manufacturing and related service jobs in the United
 States;
 (F)to integrate the
 objectives in paragraphs (1) through (4) in a manner consistent with the
 interests of the United States, into the foreign policy of the United States;
 and
 (G)to authorize funds
 for increasing United States capacity to manufacture nuclear energy products
 and supply nuclear energy services.
 (2)Establishment
 (A)There shall be
 established an interagency working group that, in consultation with
 representative industry organizations and manufacturers of nuclear energy
 products, shall make recommendations to coordinate the actions and programs of
 the Federal Government in order to promote increasing domestic manufacturing
 capacity and export of domestic nuclear energy products and services.
 (B)The Interagency
 Working Group shall be composed of—
 (i)The
 Secretary of Energy, or the Secretary’s designee, shall chair the interagency
 working group. The Secretary of Energy shall provide staff for carrying out the
 functions of the interagency working group established under this
 section.
 (ii)representatives
 of—
 (I)the Department of
 Energy;
 (II)the Department of
 Commerce;
 (III)the Department of
 Defense;
 (IV)the Department of
 Treasury;
 (V)the Department of
 State;
 (VI)the Environmental
 Protection Agency;
 (VII)the United
 States Agency for International Development;
 (VIII)the
 Export-Import Bank of the United States;
 (IX)the Trade and
 Development Agency;
 (X)the Small Business
 Administration;
 (XI)the Office of the
 U.S. Trade Representative; and
 (XII)other Federal
 agencies, as determined by the President.
 (iii)The heads of
 appropriate agencies shall detail such personnel and furnish such services to
 the interagency group, with or without reimbursement, as may be necessary to
 carry out the group’s functions.
 (3)Duties of the
 interagency working group
 (A)Within six months
 of enactment, the interagency working group established under section (1)(A)
 shall identify the actions necessary to promote the safe development and
 application in foreign countries of nuclear energy products and services in
 order to—
 (i)increase
 electricity generation from nuclear energy sources through development of new
 generation facilities;
 (ii)improve the
 efficiency, safety and/or reliability of existing nuclear generating facilities
 through modifications; and
 (iii)enhance the safe
 treatment, handling, storage and disposal of used nuclear fuel.
 (B)Within 6 months of
 enactment, the interagency working group shall identify mechanisms (including,
 but not limited to, tax stimulus for investment, loans and loan guarantees, and
 grants) necessary for United States companies to increase their capacity to
 produce or provide nuclear energy products and services, and to increase their
 exports of nuclear energy products and services. The interagency working group
 shall identify administrative or legislative initiatives necessary to—
 (i)encourage United
 States companies to increase their manufacturing capacity for nuclear energy
 products;
 (ii)provide technical
 and financial assistance and support to small and mid-sized businesses to
 establish quality assurance programs in accordance with domestic and
 international nuclear quality assurance code requirements;
 (iii)encourage, through
 financial incentives, private sector capital investment to expand manufacturing
 capacity; and
 (iv)provide technical
 assistance and financial incentives to small and mid-sized businesses to
 develop the work-force necessary to increase manufacturing capacity and meet
 domestic and international nuclear quality assurance code requirements.
 (C)Within 9 months of
 enactment, the interagency working group shall provide a report to Congress on
 its findings under Section (2)(A) and (B), including recommendations for new
 legislative authority where necessary.
 (4)Trade
 assistanceThe interagency working group shall encourage the
 member agencies of the interagency working group to—
 (A)provide technical
 training and education for international development personnel and local users
 in their own country;
 (B)provide financial
 and technical assistance to nonprofit institutions that support the marketing
 and export efforts of domestic companies that provide nuclear energy products
 and services;
 (C)develop nuclear
 energy projects in foreign countries;
 (D)provide technical
 assistance and training materials to loan officers of the World Bank,
 international lending institutions, commercial and energy attaches at embassies
 of the United States and other appropriate personnel in order to provide
 information about nuclear energy products and services to foreign governments
 or other potential project sponsors;
 (E)support, through
 financial incentives, private sector efforts to commercialize and export
 nuclear energy products and services in accordance with the subsidy codes of
 the World Trade Organization; and
 (F)augment budgets for
 trade and development programs in order to support prefeasibility or
 feasibility studies for projects that utilize nuclear energy products and
 services.
 (5)Authorization of
 appropriationsThere are authorized to be appropriated to the
 Secretary for purposes of carrying out this title $20,000,000 for fiscal years
 2008 and 2009.
 (b)Credit for
 qualifying nuclear power manufacturingSubpart E of part IV of
 subchapter A of chapter 1 of the Internal Revenue Code is amended by inserting
 after section 48B the following new section:
 48C.Qualifying
 nuclear power manufacturing credit
 (a)In
 generalFor purposes of
 section 46, the qualifying nuclear power manufacturing credit for any taxable
 year is an amount equal to 20 percent of the qualified investment for such
 taxable year.
 (b)Qualified
 investment
 (1)In
 generalFor purposes of subsection (a), the qualified investment
 for any taxable year is the basis of eligible property placed in service by the
 taxpayer during such taxable year—
 (A)which is either
 part of a qualifying nuclear power manufacturing project or is qualifying
 nuclear power manufacturing equipment,
 (B)(i)the construction,
 reconstruction, or erection of which is completed by the taxpayer, or
 (ii)which is acquired by the taxpayer
 if the original use of such property commences with the taxpayer,
 (C)with respect to
 which depreciation (or amortization in lieu of depreciation) is allowable,
 and
 (D)which is placed in
 service on or before December 31, 2015.
 (2)Special rule for
 certain subsidized propertyRules similar to section 48(a)(4)
 shall apply for purposes of this section.
 (3)Certain qualified
 progress expenditures rules made applicableRules similar to the
 rules of subsections (c)(4) and (d) of section 46 (as in effect on the day
 before the enactment of the Revenue Reconciliation Act of 1990) shall apply for
 purposes of this section.
 (c)DefinitionsFor
 purposes of this section—
 (1)Qualifying
 nuclear power manufacturing projectThe term qualifying
 nuclear power manufacturing project means any project which is designed
 primarily to enable the taxpayer to produce or test equipment necessary for the
 construction or operation of a nuclear power plant.
 (2)Qualifying
 nuclear power manufacturing equipmentThe term qualifying
 nuclear power manufacturing equipment means machine tools and other
 similar equipment, including computers and other peripheral equipment, acquired
 or constructed primarily to enable the taxpayer to produce or test equipment
 necessary for the construction or operation of a nuclear power plant.
 (3)ProjectThe
 term project includes any building constructed to house qualifying
 nuclear power manufacturing
 equipment.
 .
 (c)Conforming
 amendments
 (1)Additional
 investment creditSection 46 is amended by—
 (A)striking
 and at the end of paragraph (3);
 (B)striking the
 period at the end of paragraph (4) and inserting , and;
 and
 (C)inserting after
 paragraph (4) the following new paragraph:
 (5)the qualifying
 nuclear power manufacturing
 credit.
 .
 (2)Application of
 section 49Subparagraph (C) of section 49(a)(1) is amended
 by—
 (A)striking
 and at the end of clause (iii);
 (B)striking the period
 at the end of clause (iv) and inserting , and; and
 (C)inserting after
 clause (iv) the following new clause:
 (v)the basis of any
 property which is part of a qualifying nuclear power equipment manufacturing
 project under section
 48C.
 .
 (3)Table of
 sectionsThe table of sections preceding section 46 is amended by
 inserting after the line for section 48B the following new line:
 Sec. 48C. Qualifying nuclear power
 manufacturing
 credit.
 .
 (d)Effective
 dateThe amendments made by this section shall apply to
 property—
 (1)the construction,
 reconstruction, or erection of which of began after the date of enactment;
 or
 (2)which was acquired
 by the taxpayer on or after the date of enactment and not pursuant to a binding
 contract which was in effect on the day prior to the date of enactment.
 605.Nuclear energy
 workforceSection 1101 of the
 Energy Policy Act of 2005 (42 U.S.C. 16411) is amended (1) by redesignating
 subsection (d) as subsection (e); and by inserting after subsection (c) the
 following:
 (d)Workforce
 training
 (1)In
 generalThe Secretary of Labor, in cooperation with the Secretary
 of Energy, shall promulgate regulations to implement a program to provide
 workforce training to meet the high demand for workers skilled in the nuclear
 utility and nuclear energy products and services industries.
 (2)ConsultationIn
 carrying out this subsection, the Secretary of Labor shall consult with
 representatives of the nuclear utility and nuclear energy products and services
 industries, and organized labor, concerning skills that are needed in those
 industries.
 (3)Authorization of
 appropriationsThere are authorized to be appropriated to the
 Secretary of Labor, working in coordination with the Secretaries of Education
 and Energy $20,000,000 for each of fiscal years 2008 through 2012 for use in
 implementing a program to provide workforce training to meet the high demand
 for workers skilled in the nuclear utility and nuclear energy products and
 services
 industries.
 .
 606.Licensing of new
 nuclear power plantsSections
 189 and 185 of the Atomic Energy Act are amended thus:
 (1)Hearings and
 judicial reviewSection 189a.(1)(A) is modified thus: In
 any proceeding under this Act, for the granting, suspending, revoking, or
 amending of any license or construction permit, or application to transfer
 control, and in any proceeding for the issuance or modification of rules and
 regulations dealing with the activities of licensees, and in any proceeding for
 the payment of compensation, an award, or royalties under section 153, 157,
 186c., or 188, the Commission shall grant a hearing upon the request of any
 person whose interest may be affected by the proceeding, and shall admit any
 such person as a party to such proceeding. The Commission may, in the absence
 of a request therefor by any person whose interest may be affected, issue a
 construction permit, an operating license or an amendment to a construction
 permit or an amendment to an operating license without a hearing, but upon
 thirty days’ notice and publication once in the Federal Register of its intent
 to do so. The Commission may dispense with such thirty days’ notice and
 publication with respect to any application for an amendment to a construction
 permit or an amendment to an operating license upon a determination by the
 Commission that the amendment involves no significant hazards
 consideration..
 (2)Construction
 permits and operating licensesSection 185b is modified thus: After
 any public hearing held under section 189a.(1)(A), the Commission shall issue
 to the applicant a combined construction and operating license if the
 application contains sufficient information to support the issuance of a
 combined license and the Commission determines that there is reasonable
 assurance that the facility will be constructed and will operate in conformity
 with the license, the provisions of this Act, and the Commission’s rules and
 regulations. The Commission shall identify within the combined license the
 inspections, tests, and analyses, including those applicable to emergency
 planning, that the licensee shall perform, and the acceptance criteria that, if
 met, are necessary and sufficient to provide reasonable assurance that the
 facility has been constructed and will be operated in conformity with the
 license, the provisions of this Act, and the Commission’s rules and
 regulations. Following issuance of the combined license, the Commission shall
 ensure that the prescribed inspections, tests, and analyses are performed and,
 prior to operation of the facility, shall find that the prescribed acceptance
 criteria are met. Any finding made under this subsection shall not require a
 hearing except as provided in section 189a.(1)(B)..
 607.Investment tax
 credit for investments in nuclear power facilities
 (a)New credit for
 nuclear power facilitiesSection 46 is amended by—
 (1)striking
 and at the end of paragraph (3);
 (2)striking the
 period at the end of paragraph (4) and inserting , and;
 and
 (3)inserting after
 paragraph (4) the following new paragraph:
 (5)the nuclear power
 facility construction
 credit.
 .
 (b)Nuclear power
 facility construction creditSubpart E of part IV of subchapter A
 of chapter 1 is amended by inserting after section 48B the following new
 section:
 48C.Nuclear power
 facility construction credit
 (a)In
 generalFor purposes of section 46, the nuclear power facility
 construction credit for any taxable year is 10 percent of the qualified nuclear
 power facility expenditures with respect to a qualified nuclear power
 facility.
 (b)When
 expenditures taken into account
 (1)In
 generalQualified nuclear power facility expenditures shall be
 taken into account for the taxable year in which the qualified nuclear power
 facility is placed in service.
 (2)Coordination
 with subsection (c)The amount
 which would (but for this paragraph) be taken into account under paragraph (1)
 with respect to any qualified nuclear power facility shall be reduced (but not
 below zero) by any amount of qualified nuclear power facility expenditures
 taken into account under subsection (c) by the taxpayer or a predecessor of the
 taxpayer (or, in the case of a sale and leaseback described in section
 50(a)(2)(C), by the lessee), to the extent any amount so taken into account has
 not been required to be recaptured under section 50(a).
 (c)Progress
 expenditures
 (1)In
 generalA taxpayer may elect to take into account qualified
 nuclear power facility expenditures.
 (A)Self-constructed
 propertyIn the case of a qualified nuclear power facility which
 is a self-constructed facility, in the taxable year for which such expenditures
 are properly chargeable to capital account with respect to such
 facility.
 (B)Acquired
 facilityIn the case of a qualified nuclear facility which is not
 self-constructed property, in the taxable year in which such expenditures are
 paid.
 (2)Special rules
 for applying paragraph (1)For purposes of paragraph (1):
 (A)Component parts,
 etcProperty which is not self-constructed property and which is
 to be a component part of, or is otherwise to be included in, any facility to
 which this subsection applies shall be taken into account in accordance with
 paragraph (1)(B).
 (B)Certain
 borrowing disregardedAny amount borrowed directly or indirectly
 by the taxpayer on a nonrecourse basis from the person constructing the
 facility for the taxpayer shall not be treated as an amount expended for such
 facility.
 (C)Limitation for
 facilities or components which are not self-constructed
 (i)In
 generalIn the case of a facility or a component of a facility
 which is not self-constructed, the amount taken into account under paragraph
 (1)(B) for any taxable year shall not exceed the amount which represents the
 portion of the overall cost to the taxpayer of the facility or component of a
 facility which is properly attributable to the portion of the facility or
 component which is completed during such taxable year.
 (ii)Carry-over of
 certain amountsIn the case of a facility or component of a
 facility which is not self-constructed, if for the taxable year—
 (I)the amount which
 (but for clause (i)) would have been taken into account under paragraph (1)(B)
 exceeds the limitation of clause (i), then the amount of such excess shall be
 taken into account under paragraph (1)(B) for the succeeding taxable year;
 or
 (II)the limitation of
 clause (i) exceeds the amount taken into account under paragraph (1)(B), then
 the amount of such excess shall increase the limitation of clause (i) for the
 succeeding taxable year.
 (D)Determination of
 percentage of completionThe determination under subparagraph
 (C)(i) of the portion of the overall cost to the taxpayer of the construction
 which is properly attributable to construction completed during any taxable
 year shall be made on the basis of engineering or architectural estimates or on
 the basis of cost accounting records. Unless the taxpayer establishes otherwise
 by clear and convincing evidence, the construction shall be deemed to be
 completed not more rapidly than ratably over the normal construction
 period.
 (E)No progress
 expenditures for certain prior periodsNo qualified nuclear
 facility expenditures shall be taken into account under this subsection for any
 period before the first day of the first taxable year to which an election
 under this subsection applies.
 (F)No progress
 expenditures for property for year it is placed in service,
 etcIn the case of any qualified nuclear facility, no qualified
 nuclear facility expenditures shall be taken into account under this subsection
 for the earlier of—
 (i)the taxable year
 in which the facility is placed in service; or
 (ii)the first taxable
 year for which recapture is required under section 50(a)(2) with respect to
 such facility, or for any taxable year thereafter.
 (3)Self-constructedFor
 purposes of this subsection:
 (A)The term
 self-constructed facility means any facility if it is reasonable
 to believe that more than half of the qualified nuclear facility expenditures
 for such facility will be made directly by the tax-payer.
 (B)A component of a
 facility shall be treated as not self-constructed if the cost of the component
 is at least 5 percent of the expected cost of the facility and the component is
 acquired by the taxpayer.
 (4)ElectionAn
 election shall be made under this section for a qualified nuclear power
 facility by claiming the nuclear power facility construction credit for
 expenditures described in paragraph (1) on a tax return filed by the due date
 for such return (taking into account extensions). Such an election shall apply
 to the taxable year for which made and all subsequent taxable years. Such an
 election, once made, may be revoked only with the consent of the
 Secretary.
 (d)Definitions and
 special rulesFor purposes of this section:
 (1)Qualified nuclear
 power facilityThe term qualified nuclear power
 facility means an advanced nuclear power facility, as defined in section
 45J, the construction of which was approved by the Nuclear Regulatory
 Commission on or before December 31, 2013.
 (2)Qualified
 nuclear power facility expenditures
 (A)In
 generalThe term qualified nuclear power facility
 expenditures means any amount properly chargeable to capital
 account—
 (i)with respect to a
 qualified nuclear power facility;
 (ii)for which
 depreciation is allowable under section 168; and
 (iii)which are
 incurred before the qualified nuclear power facility is placed in service or in
 connection with the placement of such facility in service.
 (B)Pre-effective
 date expendituresQualified nuclear power facility expenditures
 do not include any expenditures incurred by the taxpayer before January 1,
 2007, unless such expenditures constitute less than 20 percent of the total
 qualified nuclear power facility expenditures (determined without regard to
 this subparagraph) for the qualified nuclear power facility.
 (3)Delays and
 suspension of construction
 (A)In
 generalFor purposes of applying this section and section 50, a
 nuclear power facility that is under construction shall cease to be treated as
 a facility that will be a qualified nuclear power facility as of the earlier
 of—
 (i)the date on which
 the taxpayer decides to terminate construction of the facility; or
 (ii)the last day of
 any 24-month period in which the taxpayer has failed to incur qualified nuclear
 power facility expenditures totaling at least 20 percent of the expected total
 cost of the nuclear power facility.
 (B)Authority to
 waiveThe Secretary may waive the application of clause (ii) of
 subparagraph (A) if the Secretary determines that the taxpayer intended to
 continue the construction of the qualified nuclear power facility and the
 expenditures were not incurred for reasons outside the control of the
 taxpayer.
 (C)Resumption of
 constructionIf a nuclear power facility that is under
 construction ceases to be a qualified nuclear power facility by reason of
 paragraph (2) and work is subsequently resumed on the construction of such
 facility—
 (i)the date work is
 subsequently resumed shall be treated as the date that construction began for
 purposes of paragraph (1); and
 (ii)if the facility
 is a qualified nuclear power facility, the qualified nuclear power facility
 expenditures shall be determined without regard to any delay or temporary
 termination of construction of the
 facility.
 .
 (c)Provisions
 relating to credit recapture
 (1)Progress
 expenditure recapture rules
 (A)Basic
 rulesSubparagraph (A) of section 50(a)(2) is amended to read as
 follows:
 (A)In
 generalIf during any taxable year any building to which section
 47(d) applied or any facility to which section 48C(c) applied ceases (by reason
 of sale or other disposition, cancellation or abandonment of contract, or
 otherwise) to be, with respect to the taxpayer, property which, when placed in
 service, will be a qualified rehabilitated building or a qualified nuclear
 power facility, then the tax under this chapter for such taxable year shall be
 increased by an amount equal to the aggregate decrease in the credits allowed
 under section 38 for all prior taxable years which would have resulted solely
 from reducing to zero the credit determined under this subpart with respect to
 such building or
 facility.
 .
 (B)Amendment to
 excess credit recapture ruleSubparagraph (B) of section 50(a)(2)
 is amended by—
 (i)inserting
 or paragraph (2) of section 48C(b) after paragraph (2) of
 section 47(b);
 (ii)inserting
 or section 48C(b)(1) after section 47(b)(1);
 and
 (iii)inserting
 or facility after building.
 (C)Amendment of
 sale and leaseback ruleSubparagraph (C) of section 50(a)(2) is
 amended by—
 (i)inserting
 or section 48C(c) after section 47(d); and
 (ii)inserting
 or qualified nuclear power facility expenditures after
 qualified rehabilitation expenditures.
 (D)Other
 amendmentSubparagraph (D) of section 50(a)(2) is amended by
 inserting or section 48C(c) after section
 47(d).
 (d)No basis
 adjustmentSection 50(c) is amended by inserting at the end
 thereof the following new paragraph:
 (6)Nuclear power
 facility construction creditParagraphs (1) and (2) shall not
 apply to the nuclear power facility construction
 credit.
 .
 (e)Technical
 amendmentsThe table of sections for subpart E of part IV of
 subchapter A of chapter 1 is amended by inserting after the line for section
 48B the following new line:
 Sec. 48C. Nuclear power facility
 construction
 credit.
 .
 (f)Effective
 dateThe amendments made by this section of this Act shall be
 effective for expenditures incurred and property placed in service in taxable
 years beginning after the date of enactment.
 608.National
 Nuclear Energy Council
 (a)In
 general
 (1)The Secretary of
 Energy shall establish a National Nuclear Energy Council (hereinafter the
 Council).
 (2)The National
 Nuclear Energy Council shall be subject to the requirements of the Federal
 Advisory Committee Act (5 U.S.C. Appendix 2).
 (b)PurposeThe
 National Nuclear Energy Council shall—
 (1)serve in an
 advisory capacity to the Secretary of Energy regarding nuclear energy on
 matters submitted to the Council by the Secretary of Energy; and
 (2)advise, inform,
 and make recommendations to the Secretary of Energy, and represent the views of
 the nuclear energy industry with respect to any matter relating to nuclear
 energy.
 (c)Membership and
 organization
 (1)The members of the
 Council shall be appointed by the Secretary of Energy.
 (2)The Council may
 establish such study and administrative committees as it may deem appropriate.
 Study committees shall only assist the Council in preparing its advice,
 information, or recommendations to the Secretary of Energy. Administrative
 committees shall be formed solely for the purpose of assisting the Council or
 its Chairman in the management of the internal affairs of the Council.
 (3)The officers of
 the Council shall consist of a Chairman, a Vice Chairman, and such other
 officers as may be approved by the Council. The Chairman and Vice Chairman must
 be members of the Council and shall receive no compensation for service as
 officers of the Council.
 (4)The Secretary of
 Energy shall be Cochairman of the Council. If the Secretary of Energy
 designates a full-time, salaried official of the Department of Energy as his
 alternate, such alternate may exercise any duties of the Secretary of Energy
 and may perform any function on the Council otherwise reserved for the
 Secretary of Energy.
 (5)The Chairman and
 the Vice Chairman shall be elected by the Council at its organizational meeting
 to serve until their successors are elected at the next organizational meeting
 of the Council.
 (d)Meetings
 (1)Regular meetings
 of the Council shall be held at least twice each year at times determined by
 the Chairman and approved by the Government Cochairman.
 (2)No
 meeting of the Council shall be held unless the Government Cochairman approves
 the agenda thereof, approves the calling thereof, and is present
 thereat.
 (3)The time and place
 of all Council meetings shall be given general publicity and such meetings
 shall be open to the public.
 (e)Studies by the
 council
 (1)The Council may
 establish study committees to prepare reports for the consideration of the
 Council pursuant to requests from the Secretary of Energy for advice,
 information, and recommendations.
 (2)The Secretary of
 Energy or a full-time employee of the Department of Energy designated by the
 Secretary shall be the Cochairman of each study committee.
 (3)The members of
 study committees shall be selected from the Council membership on the basis of
 their training, experience, and general qualifications to deal with the matters
 assigned.
 609.Temporary spent
 nuclear fuel storage agreements
 (a)Authorization
 and locationThe Secretary of Energy (Secretary) is authorized to
 initiate spent nuclear fuel storage agreements as provided herein.
 (1)No later than 180
 days from the date of enactment of this Act, representatives of a community may
 submit written notice to the Secretary that the community is willing to host a
 temporary spent nuclear fuel storage facility within its jurisdiction.
 (2)Within 90 days of
 the receipt of the notification under subsection (a)(1), the Secretary shall
 determine whether the identified site is suitable for a temporary storage
 facility. In determining the site’s suitability, the Secretary will evaluate
 technical feasibility and consider favorably local support for collocating a
 temporary spent nuclear fuel storage facility with facilities in-tended to
 develop and implement advanced nuclear fuel cycle technologies.
 (b)Content of
 agreementsIf the Secretary determines one or more sites to be
 suitable in accordance with subsection (a)(2), negotiation of a temporary spent
 nuclear fuel storage facility agreement shall proceed.
 (1)Any temporary spent
 nuclear fuel storage agreement shall contain such terms and conditions,
 including financial, institutional and such other arrangements as the Secretary
 and community determine to be reasonable and appropriate.
 (2)Any temporary
 spent nuclear fuel storage agreement may be amended only with the mutual
 consent of the parties to the agreement.
 (c)Environmental
 impact statementExecution of a temporary spent nuclear fuel
 storage agreement shall not require preparation of an environmental impact
 statement under section 102(2)(C) of the National Environmental Policy Act of
 1969 (42 U.S.C. 4332(2)(C)) or require any environmental review under
 subparagraph (E) or (F) of section 102(2) of such Act (42 U.S.C. 4332(2)(E),
 (F)).
 610.Implementation
 of temporary spent nuclear fuel storage agreements
 (a)In
 generalAny temporary spent nuclear fuel storage agreement or
 agreements entered into under section 1 shall enter into force with respect to
 the United States if (and only if)—
 (1)the Secretary, at
 least 60 days before the day on which he or she enters into the temporary spent
 nuclear fuel storage agreement or agreements notifies the House of
 Representatives and the Senate of his intention to enter into the agreement or
 agreements, and promptly thereafter publishes notice of such intention in the
 Federal Register;
 (2)the Governor of
 the State or States in which the facility is proposed to be located submits
 written notice to the Secretary that the Governor supports the temporary spent
 nuclear fuel storage agreement; and
 (3)after entering
 into the agreement, the Secretary submits to the House of Representatives and
 to the Senate a copy of the final text of the agreement, together with—
 (A)a draft of an
 implementing bill; and
 (B)a statement of any
 administrative action proposed to implement the agreement.
 (b)Application of
 expedited procedures to implementing billsThe provisions of
 section 3 apply to implementing bills submitted with respect to temporary spent
 nuclear fuel storage agreements entered into and submitted pursuant to section
 2.
 611.Expedited
 procedures for congressional review of temporary spent nuclear fuel storage
 agreements
 (a)Rules of house
 of representative and senateThe provisions of this subsection
 are enacted by the Congress—
 (1)as an exercise of
 the rulemaking power of the House of Representatives and the Senate,
 respectively, and as such they are deemed a part of the rules of each House,
 respectively, but applicable only with respect to the procedure to be followed
 in that House in the case of implementing bills de-scribed in subsection (b)(2)
 of this section and approval resolutions described in subsection (b)(3) of this
 section; and they supersede other rules only to the extent that they are
 inconsistent therewith; and
 (2)with full
 recognition of the constitutional right of either House to change the rules (so
 far as relating to the procedure of that House) at any time, in the same manner
 and to the same extent as in the case of any other rule of that House.
 (b)DefinitionsFor
 purposes of this section—
 (1)The term
 community means any entity of local government appropriate, in
 terms of legal authority, for negotiating and entering into temporary spent
 nuclear fuel storage agreements provided for in section 1.
 (2)The term
 implementing bill means only a bill of either House of Congress
 which is introduced as provided in subsection (c) of this section with respect
 to one or more temporary spent nuclear fuel storage agreements and which
 contain—
 (A)a provision
 approving such storage agreements;
 (B)a provision
 approving the statement of administrative action (if any) proposed to implement
 such storage agreements;
 (C)if changes in
 existing laws or new statutory authority is required to implement such storage
 agreement or agreements, provisions necessary or appropriate to implement such
 agreement or agreements either repealing or amending existing laws or providing
 new statutory authority; and
 (D)a provision
 containing revenue measures (if any), by reason of which the bill must
 originate in the House of Representatives as provided for in subsection
 (c).
 (3)The term
 approval resolution means only a joint resolution of the two
 Houses of the Congress, the matter after the resolving clause of which is as
 follows: That the Congress approves the temporary spent nuclear fuel
 storage agreement between the Secretary of Energy and _________ on
 ______, the first blank space being filled with the name of the
 governor involved and the second blank space being filled in with the
 appropriate date.
 (c)Introduction and
 referralOn the day on which the temporary spent nuclear fuel
 storage agreement is submitted to the House of Representatives and the Senate
 under this title, the implementing bill submitted by the Secretary with respect
 to such temporary spent nuclear fuel storage agreement shall be introduced (by
 request) in the House by the majority leader of the House, for himself and the
 minority leader of the House, or by Members of the House designated by the
 majority leader and minority leader of the House; and shall be introduced (by
 request) in the Senate by the majority leader of the Senate, for himself and
 the minority leader of the Senate, or by Members of the Senate designated by
 the majority leader and minority leader of the Senate. If either House is not
 in session on the day on which such temporary spent nuclear fuel storage
 agreement is submitted, the implementing bill shall be introduced in that
 House, as provided in the preceding sentence, on the first day thereafter on
 which that House is in session. Such bills shall be referred by the Presiding
 Officers of the respective Houses to the appropriate committee, or, in the case
 of a bill containing provisions within the jurisdiction of two or more
 committees, jointly to such committees for consideration of those provisions
 within their respective jurisdictions.
 (d)Amendments
 prohibitedNo amendment to an implementing bill or approval
 resolution shall be in order in either the House of Representatives or the
 Senate; and no motion to suspend the application of this subsection shall be in
 order in either House, nor shall it be in order in either House for the
 Presiding Officer to entertain a request to suspend the application of this
 subsection by unanimous consent.
 (e)Period for
 committee and floor consideration
 (1)Except as provided
 in subsection (e)(2), if the committee or committees of either House to which
 an implementing bill or approval resolution has been referred have not reported
 it at the close of the 45th day after its introduction, such committee or
 committees shall be automatically discharged from further consideration of the
 bill or resolution and it shall be placed on the appropriate calendar. A vote
 on final passage of the bill or resolution shall be taken in each House on or
 before the close of the 15th day after the bill or resolution is reported by
 the committee or committees of that House to which it was referred, or after
 such committee or committees have been discharged from further consideration of
 the bill or resolution. If prior to the passage by one House of an implementing
 bill or approval resolution of that House, that House receives the same
 implementing bill or approval resolution from the other House, then—
 (A)the procedure in
 that House shall be the same as if no implementation bill or approval
 resolution had been received from the other House; but
 (B)the vote on final
 passage shall be on the implementing bill or approval resolution of the other
 House.
 (2)For purposes of
 computing a number of days in either House as provided for in subsection
 (e)(1), there shall be excluded any day on which that House is not in
 session.
 (3)If the
 implementing bill contains one or more revenue measures—
 (A)the provisions of
 subsection (e)(1) shall not apply; and
 (B)the Senate shall
 not take final action on the bill until it is received from the House.
 (f)Floor
 consideration in the house
 (1)A
 motion in the House of Representatives to proceed to the consideration of an
 implementing bill or approval resolution shall be highly privileged and not
 debatable. An amendment to the motion shall not be in order, nor shall it be in
 order to move to reconsider the vote by which the motion is agreed to or
 disagreed to.
 (2)Debate in the
 House of Representatives on an implementing bill or approval resolution shall
 be limited to not more than 10 hours, which shall be divided equally between
 those favoring and those opposing the bill or resolution. A motion further to
 limit debate shall not be debatable. It shall not be in order to move to
 recommit an implementing bill or approval resolution or to move to reconsider
 the vote by which an implementing bill or approval resolution is agreed to or
 disagreed to.
 (3)Motions to
 postpone, made in the House of Representatives with respect to the
 consideration of an implementing bill or approval resolution, and motions to
 proceed to the consideration of other business, shall be decided without
 debate. If a motion to proceed to consideration is agreed to, such resolution
 shall remain unfinished business of House until disposed of.
 (4)All appeals from
 the decisions of the Chair relating to the application of the Rules of the
 House of Representatives to the procedure relating to an implementing bill or
 approval resolution shall be decided without debate.
 (5)Except to the
 extent specifically provided in the preceding provisions of this subsection,
 consideration of an implementing bill or approval resolution shall be governed
 by the Rules of the House of Representatives applicable to other bills and
 resolutions in similar circumstances.
 (g)Floor
 consideration in the senate
 (1)A
 motion in the Senate to proceed to the consideration of an implementing bill or
 approval resolution shall be privileged and not debatable. An amendment to the
 motion shall not be in order, nor shall it be in order to move to reconsider
 the vote by which the motion is agreed to or disagreed to.
 (2)Debate in the
 Senate on an implementing bill or approval resolution, and all debatable
 motions and appeals in connection therewith, shall be limited to not more than
 10 hours. The time shall be equally divided between, and controlled by, the
 majority leader and the minority leader or their designees.
 (3)Debate in the
 Senate on any debatable motion or appeal in connection with an implementing
 bill or approval resolution shall be limited to not more than 1 hour, to be
 equally divided between, and controlled by, the mover and the manager of the
 bill or resolution, except that in the event the manager of the bill or
 resolution is in favor of any such motion or appeal, the time in opposition
 thereto shall be controlled by the minority leader or his designee. Such
 leaders, or either of them, may, from time under their control on the passage
 of an implementing bill or approval resolution, allot additional time to any
 Senator during the consideration of any debatable motion or appeal.
 (4)A
 motion in the Senate to further limit debate is not debatable. A motion to
 recommit an implementation bill or approval resolution is not in order.
 612.Contracting and
 Nuclear Waste FundSection 302
 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) is amended—
 (1)in subsection (a)(1), by adding at the end
 the following:
 For any civilian nuclear power
 reactor a license application for which is filed with the Commission, pursuant
 to its authority under section 103 or 104 of the Atomic Energy Act of 1954,
 after the date of enactment of this Act, contracts entered into under this
 section shall—(A)except as provided
 in subsections 302(a)(1)(B), (C), (D), and (E), below, be generally consistent
 with the terms and conditions of the Standard Contract for Disposal of
 Spent Nuclear Fuel and/or High-Level Radioactive Waste, as codified at
 10 C.F.R. Part 961 and in effect on January 1, 2007;
 (B)provide for the
 taking of title to, and for the Secretary to dispose of, the high-level waste
 or spent nuclear fuel involved beginning no later than 15 years following the
 start of commercial operation;
 (C)contain no
 provisions providing for adjustment of the 1.0 mil per kilowatt-hour fee
 established by paragraph (2);
 (D)be entered into no
 later than 60 days following the docketing of the license application by the
 Commission, or the date of enactment of this Act, whichever is later;
 (E)provide that, on a
 schedule consistent with the Secretary’s acceptance of spent nuclear fuel from
 each civilian nuclear power reactor or site, and completed not later than the
 Secretary’s completing the acceptance of all spent nuclear fuel from that
 commercial nuclear power reactor or site, the Secretary shall accept from each
 such reactor or site, all low-level radioactive waste defined in section
 3(b)(1)(D) of the Low-level Radioactive Waste Policy Act, as amended, 42 U.S.C.
 2021c(b)(1)(D).
 ;
 and
 (2)in subsection
 (a)(4), by striking all after herein. in the second
 sentence;
 (3)in subsection
 (a)(6), by adding at the end the following: Further, the Secretary shall
 offer to settle any actions pending on the date of enactment of this Act for
 damages resulting from failure to commence accepting spent nuclear fuel or
 high-level radioactive waste on or before January 31, 1998. Each offer to
 settle shall provide for the payment of $150 to the other party to a contract
 for disposal of spent nuclear fuel and high-level radioactive waste for each
 kilogram of spent nuclear fuel which such party was or shall be entitled to
 deliver to the Department in a particular year, based on the following
 aggregate acceptance rates: 400 MTU for 1998; 600 MTU for 1999; 1,200 MTU for
 2000; 2,000 MTU for 2001; and 3,000 MTU for 2002 and thereafter; provided that
 the Secretary shall adjust the payment amount per kilogram of spent nuclear
 fuel under this subsection (a)(6) annually according to the most recent
 Producer Price Index published by the Department of Labor. Such aggregate
 acceptance rates shall be allocated among parties to contracts with the United
 States based upon the age of spent nuclear fuel, as measured by the date of the
 discharge of such spent nuclear fuel from the civilian nuclear power reactor.
 Such offer to settle also shall include an annual payment to be determined by
 the Secretary to any such party where a civilian nuclear power reactor has been
 decommissioned, except for those portions of the facility that cannot be
 decommissioned until removal of spent nuclear fuel and high-level radioactive
 waste. The Secretary also shall offer like compensation to parties to contracts
 entered into pursuant to section 302 of the Nuclear Waste Policy Act of 1982
 (42 U.S.C. 10222) who brought actions for damages prior to the date of
 enactment of this Act, but which were no longer pending as of said date,
 provided that such compensation shall be reduced by the amount of any
 settlement or judgment received by such party.; and
 (4)in subsection (d), by adding at the end the
 following: No amount may be expended by the Secretary from the Waste
 Fund to carry out research and development activities on advanced nuclear fuel
 cycle technologies..
 613.Confidence in
 availability of waste disposal
 (a)Congressional
 determinationThe Congress finds that—
 (1)there is
 reasonable assurance that high-level radioactive waste and spent nuclear fuel
 generated in reactors licensed by the Nuclear Regulatory Commission in the
 past, currently, or in the future will be managed in a safe manner without
 significant environmental impact until capacity for ultimate disposal is
 available; and
 (2)the Federal
 Government is responsible and has established a policy for the ultimate safe
 and environmentally sound disposal of such high-level radioactive waste and
 spent nuclear fuel.
 (b)Regulatory
 considerationNotwithstanding any other provision of law, for the
 period following the licensed operation of a civilian nuclear power reactor or
 any facility for the treatment or storage of spent nuclear fuel or high-level
 radioactive waste, no consideration of the public health and safety, common
 defense and security, or environmental impacts of the storage of high-level
 radioactive waste and spent nuclear fuel generated in reactors licensed by the
 Nuclear Regulatory Commission in the past, currently, or in the future, is
 required by the Department of Energy or the Nuclear Regulatory Commission in
 connection with the development, construction, and operation of, or any permit,
 license, license amendment, or siting approval for, a civilian nuclear power
 reactor or any facility for the treatment or storage of spent nuclear fuel or
 high-level radioactive waste. Nothing in this section shall affect the
 Department of Energy’s and Nuclear Regulatory Commission’s obligation to
 consider the public health and safety, common defense and security, and
 environmental impacts of storage during the period of licensed operation of a
 civilian nuclear power reactor or facility for the treatment or storage of
 spent nuclear fuel or high-level radioactive waste.
 VIIEnergy
 Production and Conservation Tax Incentives
 700.Amendment of
 1986 CodeExcept as otherwise
 expressly provided, whenever in this title an amendment or repeal is expressed
 in terms of an amendment to, or repeal of, a section or other provision, the
 reference shall be considered to be made to a section or other provision of the
 Internal Revenue Code of 1986.
 AExtension of clean
 energy production incentives
 701.Extension and
 modification of renewable energy production tax credit
 (a)Extension of
 creditEach of the following
 provisions of section 45(d) (relating to qualified facilities) is amended by
 striking January 1, 2009 and inserting January 1,
 2010:
 (1)Paragraph
 (1).
 (2)Clauses (i) and
 (ii) of paragraph (2)(A).
 (3)Clauses (i)(I) and
 (ii) of paragraph (3)(A).
 (4)Paragraph
 (4).
 (5)Paragraph
 (5).
 (6)Paragraph
 (6).
 (7)Paragraph
 (7).
 (8)Paragraph
 (8).
 (9)Subparagraphs (A)
 and (B) of paragraph (9).
 (b)Production
 credit for electricity produced from marine renewables
 (1)In
 generalParagraph (1) of section 45(c) (relating to resources) is
 amended by striking and at the end of subparagraph (G), by
 striking the period at the end of subparagraph (H) and inserting ,
 and, and by adding at the end the following new subparagraph:
 (I)marine and hydrokinetic renewable
 energy.
 .
 (2)Marine
 renewablesSubsection (c) of section 45 is amended by adding at
 the end the following new paragraph:
 (10)Marine and
 hydrokinetic renewable energy
 (A)In
 generalThe term marine and hydrokinetic renewable
 energy means energy derived from—
 (i)waves, tides, and
 currents in oceans, estuaries, and tidal areas,
 (ii)free flowing
 water in rivers, lakes, and streams,
 (iii)free flowing
 water in an irrigation system, canal, or other man-made channel, including
 projects that utilize nonmechanical structures to accelerate the flow of water
 for electric power production purposes, or
 (iv)differentials in
 ocean temperature (ocean thermal energy conversion).
 (B)ExceptionsSuch term shall not include any energy
 which is derived from any source which utilizes a dam, diversionary structure
 (except as provided in subparagraph (A)(iii)), or impoundment for electric
 power production
 purposes.
 .
 (3)Definition of
 facilitySubsection (d) of section 45 is amended by adding at the
 end the following new paragraph:
 (11)Marine and
 hydrokinetic renewable energy facilitiesIn the case of a facility producing
 electricity from marine and hydrokinetic renewable energy, the term
 qualified facility means any facility owned by the
 taxpayer—
 (A)which has a nameplate capacity rating of at
 least 150 kilowatts, and
 (B)which is
 originally placed in service on or after the date of the enactment of this
 paragraph and before January 1,
 2010.
 .
 (4)Credit
 rateSubparagraph (A) of section 45(b)(4) is amended by striking
 or (9) and inserting (9), or (11).
 (5)Coordination with
 small irrigation powerParagraph (5) of section 45(d), as amended
 by subsection (a), is amended by striking January 1, 2010 and
 inserting the date of the enactment of paragraph (11).
 (c)Sales of
 electricity to regulated public utilities treated as sales to unrelated
 personsSection 45(e)(4) (relating to related persons) is amended
 by adding at the end the following new sentence: A taxpayer shall be
 treated as selling electricity to an unrelated person if such electricity is
 sold to a regulated public utility (as defined in section
 7701(a)(33)..
 (d)Trash facility
 clarificationParagraph (7) of section 45(d) is amended—
 (1)by striking
 facility which burns and inserting facility (other than a
 facility described in paragraph (6)) which uses, and
 (2)by striking
 combustion.
 (e)Effective
 dates
 (1)ExtensionThe
 amendments made by subsection (a) shall apply to property originally placed in
 service after December 31, 2008.
 (2)ModificationsThe
 amendments made by subsections (b) and (c) shall apply to electricity produced
 and sold after the date of the enactment of this Act, in taxable years ending
 after such date.
 (3)Trash facility
 clarificationThe amendments made by subsection (d) shall apply
 to electricity produced and sold before, on, or after December 31, 2007.
 702.Extension and
 modification of solar energy and fuel cell investment tax credit
 (a)Extension of
 credit
 (1)Solar energy
 propertyParagraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a)
 (relating to energy credit) are each amended by striking January 1,
 2009 and inserting January 1, 2017.
 (2)Fuel cell
 propertySubparagraph (E) of section 48(c)(1) (relating to
 qualified fuel cell property) is amended by striking December 31,
 2008 and inserting December 31, 2016.
 (3)Qualified
 microturbine propertySubparagraph (E) of section 48(c)(2)
 (relating to qualified microturbine property) is amended by striking
 December 31, 2008 and inserting December 31,
 2016.
 (b)Allowance of
 energy credit against alternative minimum taxSubparagraph (B) of
 section 38(c)(4) (relating to specified credits) is amended by striking
 and at the end of clause (iii), by striking the period at the
 end of clause (iv) and inserting , and, and by adding at the end
 the following new clause:
 (v)the
 credit determined under section 46 to the extent that such credit is
 attributable to the energy credit determined under section
 48.
 .
 (c)Repeal of dollar
 per kilowatt limitation for fuel cell property
 (1)In
 generalSection 48(c)(1) (relating to qualified fuel cell), as
 amended by subsection (a)(2), is amended by striking subparagraph (B) and by
 redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and
 (D), respectively.
 (2)Conforming
 amendmentSection 48(a)(1) is amended by striking
 paragraphs (1)(B) and (2)(B) of subsection (c) and inserting
 subsection (c)(2)(B).
 (d)Public electric
 utility property taken into account
 (1)In
 generalParagraph (3) of section 48(a) is amended by striking the
 second sentence thereof.
 (2)Conforming
 amendments
 (A)Paragraph (1) of
 section 48(c), as amended by this section, is amended by striking subparagraph
 (C) and redesignating subparagraph (D) as subparagraph (C).
 (B)Paragraph (2) of section 48(c), as amended
 by subsection (a)(3), is amended by striking subparagraph (D) and redesignating
 subparagraph (E) as subparagraph (D).
 (e)Effective
 dates
 (1)ExtensionThe
 amendments made by subsection (a) shall take effect on the date of the
 enactment of this Act.
 (2)Allowance
 against alternative minimum taxThe amendments made by subsection
 (b) shall apply to credits determined under section 46 of the Internal Revenue
 Code of 1986 in taxable years beginning after the date of the enactment of this
 Act and to carrybacks of such credits.
 (3)Fuel cell
 property and public electric utility propertyThe amendments made
 by subsections (c) and (d) shall apply to periods after the date of the
 enactment of this Act, in taxable years ending after such date, under rules
 similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as
 in effect on the day before the date of the enactment of the Revenue
 Reconciliation Act of 1990).
 703.Extension and
 modification of residential energy efficient property credit
 (a)ExtensionSection
 25D(g) (relating to termination) is amended by striking December 31,
 2008 and inserting December 31, 2009.
 (b)No dollar
 limitation for credit for solar electric property
 (1)In
 generalSection 25D(b)(1) (relating to maximum credit) is amended
 by striking subparagraph (A) and by redesignating subparagraphs (B) and (C) as
 subparagraphs (A) and (B), respectively.
 (2)Conforming
 amendmentsSection 25D(e)(4) is amended—
 (A)by striking clause
 (i) in subparagraph (A),
 (B)by redesignating
 clauses (ii) and (iii) in subparagraph (A) as clauses (i) and (ii),
 respectively, and
 (C)by striking
 , (2), in subparagraph (C).
 (c)Credit allowed
 against alternative minimum tax
 (1)In
 generalSubsection (c) of section 25D is amended to read as
 follows:
 (c)Limitation based
 on amount of tax; carryforward of unused credit
 (1)Limitation based
 on amount of taxIn the case of a taxable year to which section
 26(a)(2) does not apply, the credit allowed under subsection (a) for the
 taxable year shall not exceed the excess of—
 (A)the sum of the
 regular tax liability (as defined in section 26(b)) plus the tax imposed by
 section 55, over
 (B)the sum of the
 credits allowable under this subpart (other than this section) and section 27
 for the taxable year.
 (2)Carryforward of
 unused credit
 (A)Rule for years
 in which all personal credits allowed against regular and alternative minimum
 taxIn the case of a taxable
 year to which section 26(a)(2) applies, if the credit allowable under
 subsection (a) exceeds the limitation imposed by section 26(a)(2) for such
 taxable year reduced by the sum of the credits allowable under this subpart
 (other than this section), such excess shall be carried to the succeeding
 taxable year and added to the credit allowable under subsection (a) for such
 succeeding taxable year.
 (B)Rule for other
 yearsIn the case of a taxable year to which section 26(a)(2)
 does not apply, if the credit allowable under subsection (a) exceeds the
 limitation imposed by paragraph (1) for such taxable year, such excess shall be
 carried to the succeeding taxable year and added to the credit allowable under
 subsection (a) for such succeeding taxable
 year.
 .
 (2)Conforming
 amendments
 (A)Section
 23(b)(4)(B) is amended by inserting and section 25D after
 this section.
 (B)Section
 24(b)(3)(B) is amended by striking and 25B and inserting
 , 25B, and 25D.
 (C)Section 25B(g)(2)
 is amended by striking section 23 and inserting sections
 23 and 25D.
 (D)Section 26(a)(1)
 is amended by striking and 25B and inserting 25B, and
 25D.
 (d)Effective
 date
 (1)In
 generalThe amendments made by this section shall apply to
 taxable years beginning after December 31, 2007.
 (2)Application of
 EGTRRA sunsetThe amendments made by subparagraphs (A) and (B) of
 subsection (c)(2) shall be subject to title IX of the Economic Growth and Tax
 Relief Reconciliation Act of 2001 in the same manner as the provisions of such
 Act to which such amendments relate.
 704.Extension and
 modification of credit for clean renewable energy bonds
 (a)ExtensionSection
 54(m) (relating to termination) is amended by striking December 31,
 2008 and inserting December 31, 2009.
 (b)Increase in
 national limitationSection 54(f) (relating to limitation on
 amount of bonds designated) is amended—
 (1)by inserting
 , and for the period beginning after the date of the enactment of the
 Clean Energy Tax Stimulus Act of 2008
 and ending before January 1, 2010, $400,000,000 after
 $1,200,000,000 in paragraph (1),
 (2)by striking
 $750,000,000 of the in paragraph (2) and inserting
 $750,000,000 of the $1,200,000,000, and
 (3)by striking
 bodies in paragraph (2) and inserting bodies, and except
 that the Secretary may not allocate more than 1/3 of the
 $400,000,000 national clean renewable energy bond limitation to finance
 qualified projects of qualified borrowers which are public power providers nor
 more than 1/3 of such limitation to finance qualified
 projects of qualified borrowers which are mutual or cooperative electric
 companies described in section 501(c)(12) or section
 1381(a)(2)(C).
 (c)Public power
 providers definedSection 54(j) is amended—
 (1)by adding at the
 end the following new paragraph:
 (6)Public power
 providerThe term
 public power provider means a State utility with a service
 obligation, as such terms are defined in section 217 of the Federal Power Act
 (as in effect on the date of the enactment of this
 paragraph).
 ,
 and
 (2)by inserting
 ; public power
 provider before the period at the end of the
 heading.
 (d)Technical
 amendmentThe third sentence of section 54(e)(2) is amended by
 striking subsection (l)(6) and inserting subsection
 (l)(5).
 (e)Effective
 dateThe amendments made by this section shall apply to bonds
 issued after the date of the enactment of this Act.
 705.Extension of
 special rule to implement FERC restructuring policy
 (a)Qualifying
 electric transmission transaction
 (1)In
 generalSection 451(i)(3)
 (defining qualifying electric transmission transaction) is amended by striking
 January 1, 2008 and inserting January 1,
 2010.
 (2)Effective
 dateThe amendment made by this subsection shall apply to
 transactions after December 31, 2007.
 (b)Independent
 transmission company
 (1)In
 generalSection 451(i)(4)(B)(ii) (defining independent
 transmission company) is amended by striking December 31, 2007
 and inserting the date which is 2 years after the date of such
 transaction.
 (2)Effective
 dateThe amendment made by this subsection shall take effect as
 if included in the amendments made by section 909 of the American Jobs Creation
 Act of 2004.
 BExtension of
 incentives to improve energy efficiency
 711.Extension and
 modification of credit for energy efficiency improvements to existing
 homes
 (a)Extension of
 creditSection 25C(g)
 (relating to termination) is amended by striking December 31,
 2007 and inserting December 31, 2009.
 (b)Qualified biomass
 fuel property
 (1)In
 generalSection 25C(d)(3) is amended—
 (A)by striking
 and at the end of subparagraph (D),
 (B)by striking the
 period at the end of subparagraph (E) and inserting , and,
 and
 (C)by adding at the
 end the following new subparagraph:
 (F)a stove which uses
 the burning of biomass fuel to heat a dwelling unit located in the United
 States and used as a residence by the taxpayer, or to heat water for use in
 such a dwelling unit, and which has a thermal efficiency rating of at least 75
 percent.
 .
 (2)Biomass
 fuelSection 25C(d) (relating to residential energy property
 expenditures) is amended by adding at the end the following new
 paragraph:
 (6)Biomass
 fuelThe term biomass fuel means any plant-derived
 fuel available on a renewable or recurring basis, including agricultural crops
 and trees, wood and wood waste and residues (including wood pellets), plants
 (including aquatic plants), grasses, residues, and
 fibers.
 .
 (c)Modifications of
 standards for energy-efficient building property
 (1)Electric heat
 pumpsSubparagraph (B) of section 25C(d)(3) is amended to read as
 follows:
 (A)an electric heat
 pump which achieves the highest efficiency tier established by the Consortium
 for Energy Efficiency, as in effect on January 1,
 2008.
 .
 (2)Central air
 conditionersSection 25C(d)(3)(D) is amended by striking
 2006 and inserting 2008.
 (3)Water
 HeatersSubparagraph (E) of section 25C(d) is amended to read as
 follows:
 (E)a natural gas,
 propane, or oil water heater which has either an energy factor of at least 0.80
 or a thermal efficiency of at least 90
 percent.
 .
 (4)Oil furnaces and
 hot water boilersParagraph (4) of section 25C(d) is amended to
 read as follows:
 (4)Qualified
 natural gas, propane, and oil furnaces and hot water boilers
 (A)Qualified
 natural gas furnaceThe term qualified natural gas
 furnace means any natural gas furnace which achieves an annual fuel
 utilization efficiency rate of not less than 95.
 (B)Qualified
 natural gas hot water boilerThe term qualified natural gas
 hot water boiler means any natural gas hot water boiler which achieves
 an annual fuel utilization efficiency rate of not less than 90.
 (C)Qualified
 propane furnaceThe term qualified propane furnace
 means any propane furnace which achieves an annual fuel utilization efficiency
 rate of not less than 95.
 (D)Qualified
 propane hot water boilerThe term qualified propane hot
 water boiler means any propane hot water boiler which achieves an annual
 fuel utilization efficiency rate of not less than 90.
 (E)Qualified oil
 furnacesThe term qualified oil furnace means any
 oil furnace which achieves an annual fuel utilization efficiency rate of not
 less than 90.
 (F)Qualified oil
 hot water boilerThe term qualified oil hot water
 boiler means any oil hot water boiler which achieves an annual fuel
 utilization efficiency rate of not less than
 90.
 .
 (d)Effective
 dateThe amendments made this section shall apply to expenditures
 made after December 31, 2007.
 712.Extension and
 modification of tax credit for energy efficient new homes
 (a)Extension of
 creditSubsection (g) of
 section 45L (relating to termination) is amended by striking December
 31, 2008 and inserting December 31, 2010.
 (b)Allowance for
 contractor's personal residenceSubparagraph (B) of section
 45L(a)(1) is amended to read as follows:
 (B)(i)acquired by a person
 from such eligible contractor and used by any person as a residence during the
 taxable year, or
 (ii)used by such eligible contractor
 as a residence during the taxable
 year.
 .
 (c)Effective
 dateThe amendments made by this section shall apply to homes
 acquired after December 31, 2008.
 713.Extension and
 modification of energy efficient commercial buildings deduction
 (a)ExtensionSection
 179D(h) (relating to termination) is amended by striking December 31,
 2008 and inserting December 31, 2009.
 (b)Adjustment of
 maximum deduction amount
 (1)In
 generalSubparagraph (A) of section 179D(b)(1) (relating to
 maximum amount of deduction) is amended by striking $1.80 and
 inserting $2.25.
 (2)Partial
 allowanceParagraph (1) of section 179D(d) is amended—
 (A)by striking
 $.60 and inserting $0.75, and
 (B)by striking
 $1.80 and inserting $2.25.
 (c)Effective
 dateThe amendments made by this section shall apply to property
 placed in service after the date of the enactment of this Act.
 714.Modification and
 extension of energy efficient appliance credit for appliances produced after
 2007
 (a)In
 generalSubsection (b) of section 45M (relating to applicable
 amount) is amended to read as follows:
 (b)Applicable
 amountFor purposes of subsection (a)—
 (1)DishwashersThe
 applicable amount is—
 (A)$45 in the case of
 a dishwasher which is manufactured in calendar year 2008 or 2009 and which uses
 no more than 324 kilowatt hours per year and 5.8 gallons per cycle, and
 (B)$75 in the case of
 a dishwasher which is manufactured in calendar year 2008, 2009, or 2010 and
 which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle
 (5.5 gallons per cycle for dishwashers designed for greater than 12 place
 settings).
 (2)Clothes
 washersThe applicable amount is—
 (A)$75 in the case of
 a residential top-loading clothes washer manufactured in calendar year 2008
 which meets or exceeds a 1.72 modified energy factor and does not exceed a 8.0
 water consumption factor,
 (B)$125 in the case
 of a residential top-loading clothes washer manufactured in calendar year 2008
 or 2009 which meets or exceeds a 1.8 modified energy factor and does not exceed
 a 7.5 water consumption factor,
 (C)$150 in the case
 of a residential or commercial clothes washer manufactured in calendar year
 2008, 2009, or 2010 which meets or exceeds 2.0 modified energy factor and does
 not exceed a 6.0 water consumption factor, and
 (D)$250 in the case
 of a residential or commercial clothes washer manufactured in calendar year
 2008, 2009, or 2010 which meets or exceeds 2.2 modified energy factor and does
 not exceed a 4.5 water consumption factor.
 (3)RefrigeratorsThe
 applicable amount is—
 (A)$50 in the case of
 a refrigerator which is manufactured in calendar year 2008, and consumes at
 least 20 percent but not more than 22.9 percent less kilowatt hours per year
 than the 2001 energy conservation standards,
 (B)$75 in the case of
 a refrigerator which is manufactured in calendar year 2008 or 2009, and
 consumes at least 23 percent but no more than 24.9 percent less kilowatt hours
 per year than the 2001 energy conservation standards,
 (C)$100 in the case
 of a refrigerator which is manufactured in calendar year 2008, 2009, or 2010,
 and consumes at least 25 percent but not more than 29.9 percent less kilowatt
 hours per year than the 2001 energy conservation standards, and
 (D)$200 in the case of
 a refrigerator manufactured in calendar year 2008, 2009, or 2010 and which
 consumes at least 30 percent less energy than the 2001 energy conservation
 standards.
 .
 (b)Eligible
 production
 (1)Similar
 treatment for all appliancesSubsection (c) of section 45M
 (relating to eligible production) is amended—
 (A)by striking
 paragraph (2),
 (B)by striking
 (1) In
 general and all that follows through the
 eligible and inserting The eligible, and
 (C)by moving the text
 of such subsection in line with the subsection heading and redesignating
 subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.
 (2)Modification of
 base periodParagraph (2) of section 45M(c), as amended by
 paragraph (1) of this section, is amended by striking 3-calendar
 year and inserting 2-calendar year.
 (c)Types of energy
 efficient appliancesSubsection (d) of section 45M (defining
 types of energy efficient appliances) is amended to read as follows:
 (d)Types of energy
 efficient applianceFor
 purposes of this section, the types of energy efficient appliances are—
 (1)dishwashers
 described in subsection (b)(1),
 (2)clothes washers
 described in subsection (b)(2), and
 (3)refrigerators
 described in subsection
 (b)(3).
 .
 (d)Aggregate credit
 amount allowed
 (1)Increase in
 limitParagraph (1) of section 45M(e) (relating to aggregate
 credit amount allowed) is amended to read as follows:
 (1)Aggregate credit
 amount allowedThe aggregate
 amount of credit allowed under subsection (a) with respect to a taxpayer for
 any taxable year shall not exceed $75,000,000 reduced by the amount of the
 credit allowed under subsection (a) to the taxpayer (or any predecessor) for
 all prior taxable years beginning after December 31,
 2007.
 .
 (2)Exception for
 certain refrigerator and clothes washersParagraph (2) of section
 45M(e) is amended to read as follows:
 (2)Amount allowed
 for certain refrigerators and clothes washersRefrigerators described in subsection
 (b)(3)(D) and clothes washers described in subsection (b)(2)(D) shall not be
 taken into account under paragraph
 (1).
 .
 (e)Qualified energy
 efficient appliances
 (1)In
 generalParagraph (1) of section 45M(f) (defining qualified
 energy efficient appliance) is amended to read as follows:
 (1)Qualified energy
 efficient applianceThe term
 qualified energy efficient appliance means—
 (A)any dishwasher described in subsection
 (b)(1),
 (B)any clothes washer
 described in subsection (b)(2), and
 (C)any refrigerator
 described in subsection
 (b)(3).
 .
 (2)Clothes
 washerSection 45M(f)(3) (defining clothes washer) is amended by
 inserting commercial before residential the
 second place it appears.
 (3)Top-loading
 clothes washerSubsection (f) of section 45M (relating to
 definitions) is amended by redesignating paragraphs (4), (5), (6), and (7) as
 paragraphs (5), (6), (7), and (8), respectively, and by inserting after
 paragraph (3) the following new paragraph:
 (4)Top-loading
 clothes washerThe term
 top-loading clothes washer means a clothes washer which has the
 clothes container compartment access located on the top of the machine and
 which operates on a vertical
 axis.
 .
 (4)Replacement of
 energy factorSection 45M(f)(6), as redesignated by paragraph
 (3), is amended to read as follows:
 (6)Modified energy
 factorThe term
 modified energy factor means the modified energy factor
 established by the Department of Energy for compliance with the Federal energy
 conservation
 standard.
 .
 (5)Gallons per
 cycle; water consumption factorSection 45M(f) (relating to
 definitions), as amended by paragraph (3), is amended by adding at the end the
 following:
 (9)Gallons per
 cycleThe term gallons
 per cycle means, with respect to a dishwasher, the amount of water,
 expressed in gallons, required to complete a normal cycle of a
 dishwasher.
 (10)Water
 consumption factorThe term
 water consumption factor means, with respect to a clothes washer,
 the quotient of the total weighted per-cycle water consumption divided by the
 cubic foot (or liter) capacity of the clothes
 washer.
 .
 (f)Effective
 dateThe amendments made by
 this section shall apply to appliances produced after December 31, 2007.
 VIIIRepeal of
 limitation on tax credit for efficient windows
 801.Repeal of
 separate dollar limitation applicable to efficient windows under the
 nonbusiness energy property credit
 (a)In
 generalSection 25C(b) of the
 Internal Revenue Code of 1986 is amended by striking paragraph (2).
 (b)Effective
 dateThe amendment made by
 this section shall apply to expenditures made after December 31, 2007.
 IXNew
 Domestic Supplies of Oil and Gas
 AArctic National
 Wildlife Refuge
 901.Short
 titleThis subtitle may be
 cited as the American-Made Energy and
 Good Jobs Act.
 902.DefinitionsIn this subtitle:
 (1)Coastal
 PlainThe term Coastal Plain means that area
 described in appendix I to part 37 of title 50, Code of Federal
 Regulations.
 (2)SecretaryThe
 term Secretary, except as otherwise provided, means the Secretary
 of the Interior or the Secretary’s designee.
 903.Leasing program
 for lands within the Coastal Plain
 (a)In
 generalThe Secretary shall take such actions as are
 necessary—
 (1)to establish and
 implement, in accordance with this subtitle and acting through the Director of
 the Bureau of Land Management in consultation with the Director of the United
 States Fish and Wildlife Service, a competitive oil and gas leasing program
 that will result in an environmentally sound program for the exploration,
 development, and 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.
 (b)Repeal
 (1)RepealSection
 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C.
 3143) is repealed.
 (2)Conforming
 amendmentThe table of contents in section 1 of such Act is
 amended by striking the item relating to section 1003.
 (c)Compliance with
 requirements under certain other laws
 (1)CompatibilityFor
 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
 statementThe 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 actionsBefore 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 subtitle. 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 authorityNothing in this subtitle shall be
 considered to expand or limit State and local regulatory authority.
 (e)Special
 areas
 (1)In
 generalThe 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)ManagementEach
 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 occupancyThe 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
 drillingNotwithstanding 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 areasThe 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.
 (g)Regulations
 (1)In
 generalThe 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 subtitle.
 (2)Revision of
 regulationsThe 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.
 904.Lease
 sales
 (a)In
 generalLands 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.).
 (b)ProceduresThe
 Secretary shall, by regulation, establish procedures for—
 (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
 bidsBidding for leases under this subtitle shall be by sealed
 competitive cash bonus bids.
 (d)Acreage minimum
 in first saleIn 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.
 (e)Timing of lease
 salesThe Secretary shall—
 (1)conduct the first
 lease sale under this subtitle within 22 months after the date of the enactment
 of this subtitle; and
 (2)conduct additional
 sales so long as sufficient interest in development exists to warrant, in the
 Secretary’s judgment, the conduct of such sales.
 905.Grant of leases
 by the Secretary
 (a)In
 generalThe Secretary may grant to the highest responsible
 qualified bidder in a lease sale conducted pursuant to section 904 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
 transfersNo 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.
 906.Lease terms and
 conditions
 (a)In
 generalAn oil or gas lease issued pursuant to this subtitle
 shall—
 (1)provide for the
 payment of a royalty of not less than 121⁄2 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
 903(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
 agreementsThe 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.
 907.Coastal plain
 environmental protection
 (a)No significant
 adverse effect standard To govern authorized Coastal Plain
 activitiesThe Secretary shall, consistent with the requirements
 of section 903, 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.
 (b)Site-specific
 assessment and mitigationThe Secretary shall also require, with
 respect to any proposed drilling and related activities, that—
 (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
 environmentBefore 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 requirementsThe
 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.
 (4)Design safety and
 construction standards for all pipelines and any access and service roads,
 that—
 (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.
 (e)ConsiderationsIn
 preparing and promulgating regulations, lease terms, conditions, restrictions,
 prohibitions, and stipulations under this section, the Secretary shall consider
 the following:
 (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.
 (f)Facility
 consolidation planning
 (1)In
 generalThe 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.
 (2)ObjectivesThe
 plan shall have the following objectives:
 (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.
 (g)Access to public
 landsThe Secretary shall—
 (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.
 908.Expedited
 judicial review
 (a)Filing of
 complaint
 (1)DeadlineSubject
 to paragraph (2), any complaint seeking judicial review of any provision of
 this subtitle or any action of the Secretary under this subtitle shall be
 filed—
 (A)except as provided
 in subparagraph (B), within the 90-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 90 days
 after the complainant knew or reasonably should have known of the grounds for
 the complaint.
 (2)VenueAny
 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 Court of Appeals for the District of Columbia.
 (3)Limitation on
 scope of certain reviewJudicial 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 reviewActions 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.
 909.Federal and
 State distribution of revenues
 (a)In
 generalNotwithstanding 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 912(d), the balance shall be deposited into the Treasury as
 miscellaneous receipts.
 (b)Payments to
 AlaskaPayments to the State of Alaska under this section shall
 be made semiannually.
 910.Rights-of-way
 across the Coastal Plain
 (a)In
 generalThe Secretary shall issue rights-of-way and easements
 across the Coastal Plain for the transportation of oil and gas—
 (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
 conditionsThe 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)RegulationsThe
 Secretary shall include in regulations under section 903(g) provisions granting
 rights-of-way and easements described in subsection (a) of this section.
 911.ConveyanceIn 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.
 912.Local government
 impact aid and community service assistance
 (a)Financial
 assistance authorized
 (1)In
 generalThe 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
 entitiesThe 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.
 (b)Use of
 assistanceFinancial assistance under this section may be used
 only for—
 (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
 (4)establishment of a
 coordination office, by the North Slope Borough, in the City of Kaktovik, which
 shall—
 (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 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.
 (c)Application
 (1)In
 generalAny 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 communitiesA 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
 assistanceThe 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.
 (d)Establishment of
 fund
 (1)In
 generalThere is established in the Treasury the Coastal Plain
 Local Government Impact Aid Assistance Fund.
 (2)UseAmounts
 in the fund may be used only for providing financial assistance under this
 section.
 (3)DepositsSubject
 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
 depositsThe total amount in the fund may not exceed
 $11,000,000.
 (5)Investment of
 balancesThe Secretary of the Treasury shall invest amounts in
 the fund in interest bearing government securities.
 (e)Authorization of
 appropriationsTo 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.
 BOffshore oil and
 gas
 921.Termination of
 moratoria on leasing and permittingNo prohibition on leasing of Federal
 submerged lands of the Outer Continental Shelf for exploration, development, or
 production of oil or gas, on for the issuance of any permit under Federal law
 for exploration, development, or production of oil or gas under a leases for
 such submerged lands, or on the expenditure of Federal funds with respect to
 such leasing or issuance, shall have any force or effect.
 XClimate Change
 Research and Development Funding
 1001.Applied
 researchEach Federal agency
 to which funds have been appropriated for conducting climate change basic
 research, as identified by the Office of Management and Budget in its annual
 report to Congress entitled Federal Climate Change Expenditures Report
 to Congress, may use such funds only for climate change applied
 research, including research carried out through grants to universities.