HR 6207
110th CONGRESS
2d Session
H. R. 6207
To develop American energy independence, lower gas prices, and open
reliable national sources of energy.
IN THE HOUSE OF REPRESENTATIVES
June 9, 2008
Mr. AKIN introduced the following bill; which was referred to the Committee
on Energy and Commerce, and in addition to the Committees on Ways and Means,
Rules, and Natural Resources, 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 develop American energy independence, lower gas prices, and open
reliable national sources of energy.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE, ETC.
(a) Short Title- This Act may be cited as the `$150 Barrel Energy Extortion
Act of 2008'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title, etc.
TITLE I--REFINERIES
Sec. 101. Issuance of guidance.
Sec. 102. Tax-exempt financing of domestic use oil refinery facilities.
Sec. 103. Designation and availability of Federal lands for oil and natural
gas refineries.
TITLE II--NUCLEAR
Sec. 201. Incentives for innovative technologies.
Sec. 202. Standby support for certain nuclear plant delays.
Sec. 203. Authorization for Nuclear Power 2010 Program.
Sec. 204. Domestic manufacturing base for nuclear components and equipment.
Sec. 205. Nuclear energy workforce.
Sec. 206. Investment Tax Credit for Investments in Nuclear Power Facilities.
Sec. 207. National Nuclear Energy Council.
Sec. 208. Temporary Spent Nuclear Fuel Storage Agreements.
Sec. 209. Confidence in availability of waste disposal.
TITLE III--DRILLING
Subtitle A--Tax Provisions
Sec. 301. Credit for producing fuel from nonconventional sources to apply
to gas produced onshore from formations more than 15,000 feet deep.
Sec. 302. Tax credit for carbon dioxide captured from industrial sources
and used in enhanced oil and natural gas recovery.
Subtitle B--Termination of Congressional Moratoria on Oil and Gas Development
on the Outer Continental Shelf
Sec. 311. Termination of laws prohibiting expenditures for oil and natural
gas leasing and preleasing activities regarding areas of the outer continental
shelf.
Subtitle C--Oil and Gas Development on the Coastal Plain of Alaska
Sec. 323. Leasing program for lands within the Coastal Plain.
Sec. 325. Grant of leases by the Secretary.
Sec. 326. Lease terms and conditions.
Sec. 327. Coastal plain environmental protection.
Sec. 328. Expedited judicial review.
Sec. 329. Federal and State distribution of revenues.
Sec. 330. Rights-of-way across the Coastal Plain.
Sec. 332. Local government impact aid and community service assistance.
TITLE IV--EFFECTIVE DATE
Sec. 401. Effective date.
TITLE I--REFINERIES
SEC. 101. ISSUANCE OF GUIDANCE.
The Secretary of the Treasury shall, not later than 60 days after the effective
date of this Act, prescribe the regulations described in paragraph (1) of
section 179C(b) of the Internal Revenue Code of 1986 (relating to election
to expense certain refineries).
SEC. 102. TAX-EXEMPT FINANCING OF DOMESTIC USE OIL REFINERY FACILITIES.
(1) TREATMENT AS EXEMPT FACILITY BOND- Subsection (a) of section 142 of
the Internal Revenue Code of 1986 (relating to exempt facility bond) is
amended by striking `or' at the end of paragraph (14), by striking the period
at the end of paragraph (15) and inserting `, or', and by inserting at the
end the following new paragraph:
`(16) domestic use oil refinery facilities.'.
(2) DOMESTIC USE OIL REFINERY FACILITIES- Section 142 of such Code is amended
by adding at the end the following new subsection:
`(n) Domestic Use Oil Refinery Facilities-
`(1) IN GENERAL- For purposes of subsection (a)(16), the term `domestic
use oil refinery facility' means any facility in the United States--
`(A) which processes liquid fuel from crude oil, and
`(B) all of the output of which it is reasonably certain ultimate consumption
will occur in the United States.
`(2) ELECTION TO TERMINATE TAX-EXEMPT BOND FINANCING BY CERTAIN REFINERIES-
In the case of a facility financed with bonds which would cease to be tax-exempt
by reason of the failure to meet the domestic use requirement of this subsection,
rules similar to the rules of subsection (f)(4) shall apply for purposes
of this section.'.
(b) Effective Date- The amendments made by this section shall apply to bonds
issued after the effective date of this Act.
SEC. 103. DESIGNATION AND AVAILABILITY OF FEDERAL LANDS FOR OIL AND NATURAL
GAS REFINERIES.
(a) Designation- Within 18 months after the effective date of this Act, the
President shall designate at least ten sites on Federal lands that are suitable
for the siting of an oil refinery or natural gas refinery (or both).
(b) Availability of Lands- Within 24 months after the effective date of this
Act, the President shall make each site designated under subsection (a) available
to the private sector for construction of an oil refinery or natural gas refinery
(or both), as appropriate.
TITLE II--NUCLEAR
SEC. 201. INCENTIVES FOR INNOVATIVE TECHNOLOGIES.
(a) Definition of Project Cost- Section 1701 of the Energy Policy Act of 2005
(42 U.S.C. 16511) is amended by adding at the end the following new paragraph:
`(6) PROJECT COST- The 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 Conditions- Section 1702(b) of the Energy Policy Act of 2005
(42 U.S.C. 16512(b)) is amended to read as follows:
`(b) Specific Appropriation or Contribution-
`(1) IN GENERAL- No guarantee shall be made unless--
`(A) an appropriation for the cost has been made;
`(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 subparagraphs (A) and (B) has been made, that when
combined is sufficient to cover the cost of the obligation.
`(2) RELATION TO OTHER LAWS- Section 504(b) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661c(b)) shall not apply to a loan guarantee made
in accordance with paragraph (1)(B).'.
(c) Amount- Section 1702(c) of the Energy Policy Act of 2005 (42 U.S.C. 16512(c))
is amended to read as follows:
`(1) IN GENERAL- Subject 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) LIMITATION- The total amount of loans guaranteed for a facility by
the Secretary shall not exceed 80 percent of the total cost of the facility,
as estimated at the time at which the guarantee is issued.'.
(d) Fees- Section 1702(h) of the Energy Policy Act of 2005 (42 U.S.C. 16512(h))
is amended by striking paragraph (2) and inserting the following:
`(2) AVAILABILITY- Fees collected under this subsection shall--
`(A) be deposited by the Secretary into a special fund in the Treasury
to be known as the `Incentives For Innovative Technologies Fund'; and
`(B) remain available to the Secretary for expenditure, without further
appropriation or fiscal year limitation, for administrative expenses incurred
in carrying out this title.'.
SEC. 202. STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS.
(a) Definitions- Section 638(a) of the Energy Policy Act of 2005 (42 U.S.C.
16014(a)) is amended as follows:
(1) By inserting the following:
`(4) FULL POWER OPERATION- The term `full power operation' means whichever
occurs first of--
`(A) the `commercial operation date' or the equivalent under the terms
of the financing documents for such facility; or
`(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 COSTS- The term `increased project costs' means the
increased cost of constructing, commissioning, testing, operating, or maintaining
a reactor prior to full-power operation incurred as a result of a delay
covered by the 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) LITIGATION- The 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 Authority- Section 638(b) of the Energy Policy Act of 2005 (42
U.S.C. 16014(b)) is amended by striking paragraph (1) and inserting the following:
`(1) IN GENERAL- The Secretary may enter into contracts under this section
with sponsors of an advanced nuclear facility that cover at any one time
outstanding a total of not more than 6 reactors, with the 6 reactors consisting
of not more than 3 different reactor designs, in accordance with 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 Costs- Section 638(d) of the Energy Policy Act of 2005 (42. U.S.C.
16014(d)) is amended by striking paragraphs (2) and (3) and inserting the
following:
`(2) COVERAGE- In the case of reactors that receive combined licenses and
on which construction is commenced, the Secretary shall pay--
`(A) 100 percent of the covered costs of delay that occur after the initial
30-day period of covered delay; but
`(B) not more than $500,000,000 per contract.
`(3) COVERED DEBT OBLIGATIONS- Debt 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 Resolution- Section 638 of the Energy Policy Act of 2005 (42 U.S.C.
16014) is amended as follows:
(1) By inserting the following:
`(f) Dispute Resolution- Any controversy or claim arising out of or relating
to any contract entered into under this section shall be determined by arbitration
in Washington, DC, according to the then prevailing Commercial Arbitration
Rules of the American Arbitration Association. A decision by the arbitrator
or arbitrators shall be final and binding, and any court having jurisdiction
may enter judgment on it.'.
(2) By redesignating subsections (f), (g), and (h) as subsections (g), (h),
and (i) respectively.
SEC. 203. AUTHORIZATION FOR NUCLEAR POWER 2010 PROGRAM.
Section 952(c) of the Energy Policy Act of 2005 (42 U.S.C. 16014) is amended
by striking paragraphs (1) and (2) and inserting the following:
`(1) IN GENERAL- The 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 PROGRAM- The Nuclear Power 2010 Program shall be cost-shared
with the private sector and shall support the following objectives:
`(A) Demonstrating the licensing process for new nuclear power plants,
including the Nuclear Regulatory Commission process for obtaining early
site permits (ESPs), 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 APPROPRIATIONS- There 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.
`(E) $2,200,000 for fiscal year 2012.'.
SEC. 204. DOMESTIC MANUFACTURING BASE FOR NUCLEAR COMPONENTS AND EQUIPMENT.
(a) Establishment of Interagency Working Group-
(1) PURPOSES- The purposes of this subsection are--
(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 subparagraphs (A) through (E) 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.
(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, who shall
chair the interagency working group and shall provide staff for carrying
out the functions of the interagency working group;
(ii) representatives of--
(I) the Department of Energy;
(II) the Department of Commerce;
(III) the Department of Defense;
(IV) the Department of the 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 United States Trade Representative; and
(XII) other Federal agencies, as determined by the President.
(C) 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) Not later than 6 months after the effective date of this Act, the
interagency working group established under paragraph (2)(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 reliability of existing nuclear
generating facilities through modifications; and
(iii) enhance the safe treatment, handling, storage, and disposal of
used nuclear fuel.
(B) Not later than 6 months after the effective date of this Act, the
interagency working group shall identify mechanisms (including 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 workforce necessary to increase
manufacturing capacity and meet domestic and international nuclear quality
assurance code requirements.
(C) Not later than 9 months after the effective date of this Act, the
interagency working group shall provide a report to Congress on its findings
under subparagraphs (A) and (B), including recommendations for new legislative
authority where necessary.
(4) TRADE ASSISTANCE- The interagency working group shall encourage the
member agencies of the interagency working group to--
(A) provide technical training and 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
pre-feasibility or feasibility studies for projects that utilize nuclear
energy products and services.
(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary of Energy for purposes of carrying out this section $20,000,000
for fiscal years 2008 and 2009.
(b) Credit for Qualifying Nuclear Power Manufacturing- Subpart E of part IV
of subchapter A of chapter 1 of the Internal Revenue Code is amended by inserting
after section 48B the following new section:
`SEC. 48C. QUALIFYING NUCLEAR POWER MANUFACTURING CREDIT.
`(a) In General- For purposes of section 46, the qualifying nuclear power
manufacturing credit for any taxable year is an amount equal to 20 percent
of the qualified investment for such taxable year.
`(b) Qualified Investment-
`(1) IN GENERAL- For purposes of subsection (a), the qualified investment
for any taxable year is the basis of eligible property placed in service
by the taxpayer during such taxable year--
`(A) which is either part of a qualifying nuclear power manufacturing
project or is qualifying nuclear power manufacturing 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 PROPERTY- Rules similar to section
48(a)(4) shall apply for purposes of this section.
`(3) CERTAIN QUALIFIED PROGRESS EXPENDITURES RULES MADE APPLICABLE- Rules
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) Definitions- For purposes of this section--
`(1) QUALIFYING NUCLEAR POWER MANUFACTURING PROJECT- The term `qualifying
nuclear power manufacturing project' means any project which is designed
primarily to enable the taxpayer to produce or test equipment necessary
for the construction or operation of a nuclear power plant.
`(2) QUALIFYING NUCLEAR POWER MANUFACTURING EQUIPMENT- The 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) PROJECT- The term `project' includes any building constructed to house
qualifying nuclear power manufacturing equipment.'.
(c) Conforming Amendments-
(1) ADDITIONAL INVESTMENT CREDIT- Section 46 of such Code is amended--
(A) by striking `and' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and inserting `,
and'; and
(C) by inserting after paragraph (4) the following new paragraph:
`(5) the qualifying nuclear power manufacturing credit.'.
(2) APPLICATION OF SECTION 49- Subparagraph (C) of section 49(a)(1) of such
Code is amended by--
(A) by striking `and' at the end of clause (iii);
(B) by striking the period at the end of clause (iv) and inserting `,
and'; and
(C) by 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 SECTIONS- The table of sections preceding section 46 of such
Code is amended by inserting after the item for section 48B the following
new line:
`Sec. 48C. Qualifying nuclear power manufacturing credit.'.
(d) Effective Date- The amendments made by subsections (b) and (c) shall apply
to property (1) the construction, reconstruction, or erection of which of
began after the effective date of this Act, or (2) which was acquired by the
taxpayer on or after the effective date of this Act and not pursuant to a
binding contract which was in effect on the day prior to the effective date
of this Act.
SEC. 205. NUCLEAR ENERGY WORKFORCE.
Section 1101 of the Energy Policy Act of 2005 (42 U.S.C. 16411) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
`(1) IN GENERAL- The 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) CONSULTATION- In 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 APPROPRIATIONS- There 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.'.
SEC. 206. INVESTMENT TAX CREDIT FOR INVESTMENTS IN NUCLEAR POWER FACILITIES.
(a) New Credit for Nuclear Power Facilities- Section 46 of the Internal Revenue
Code of 1986, as amended by this Act, is amended by--
(1) striking `and' at the end of paragraph (4);
(2) striking the period at the end of paragraph (5) and inserting `, and';
and
(3) inserting after paragraph (5) the following new paragraph:
`(6) the nuclear power facility construction credit.'.
(b) Nuclear Power Facility Construction Credit- Subpart E of part IV of subchapter
A of chapter 1 of such Code, as amended by this Act, is amended by inserting
after section 48C the following new section:
`SEC. 48D. NUCLEAR POWER FACILITY CONSTRUCTION CREDIT.
`(a) In General- For purposes of section 46, the nuclear power facility construction
credit for any taxable year is 10 percent of the qualified nuclear power facility
expenditures with respect to a qualified nuclear power facility.
`(b) When Expenditures Taken Into Account-
`(1) IN GENERAL- Qualified 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 GENERAL- A taxpayer may elect to take into account qualified nuclear
power facility expenditures:
`(A) SELF-CONSTRUCTED PROPERTY- In 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, and
`(B) ACQUIRED FACILITY- In 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, ETC- Property 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 DISREGARDED- Any amount borrowed directly or indirectly
by the taxpayer on a nonrecourse basis from the person constructing the
facility for the taxpayer shall not be treated as an amount expended for
such facility.
`(C) LIMITATION FOR FACILITIES OR COMPONENTS WHICH ARE NOT SELF-CONSTRUCTED-
`(i) IN GENERAL- In the case of a facility or a component of a facility
which is not self-constructed, the amount taken into account under paragraph
(1)(B) for any taxable year shall not exceed the amount which represents
the portion of the overall cost to the taxpayer of the facility or component
of a facility which is properly attributable to the portion of the facility
or component which is completed during such taxable year.
`(ii) CARRY-OVER OF CERTAIN AMOUNTS- In 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 COMPLETION- The 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 PERIODS- No qualified
nuclear facility expenditures shall be taken into account under this subsection
for any period before the first day of the first taxable year to which
an election under this subsection applies.
`(F) NO PROGRESS EXPENDITURES FOR PROPERTY FOR YEAR IT IS PLACED IN SERVICE,
ETC- In the case of any qualified nuclear 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-CONSTRUCTED- For 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 taxpayer.
`(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) ELECTION- An 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 Rules- For purposes of this section:
`(1) QUALIFIED NUCLEAR POWER FACILITY- The 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 GENERAL- The 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 EXPENDITURES- Qualified nuclear power facility
expenditures do not include any expenditures incurred by the taxpayer
before the effective date of the $150 Barrel Energy Extortion Act of 2008,
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 GENERAL- For 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 WAIVE- The 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 CONSTRUCTION- If 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 RULES- Subparagraph (A) of section 50(a)(2) of such Code is
amended to read as follows:
`(A) IN GENERAL- If during any taxable year any building to which section
47(d) applied or any facility to which section 48D(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, as the case may be, 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 RULE- Subparagraph (B) of section
50(a)(2) of such Code is amended by--
(i) inserting `or paragraph (2) of section 48D(b)' after `paragraph
(2) of section 47(b)',
(ii) inserting `or section 48D(b)(1)' after `section 47(b)(1)'; and
(iii) inserting `or facility' after `building'.
(C) AMENDMENT OF SALE AND LEASEBACK RULE- Subparagraph (C) of section
50(a)(2) of such Code is amended by--
(i) inserting `or section 48D(c)' after `section 47(d)'; and
(ii) inserting `or qualified nuclear power facility expenditures' after
`qualified rehabilitation expenditures'.
(D) COORDINATION- Subparagraph (D) of section 50(a)(2) of such Code is
amended by inserting `or section 48D(c)' after `section 47(d)'.
(d) No Basis Adjustment- Section 50(c) of such Code is amended by inserting
at the end thereof the following new paragraph:
`(6) NUCLEAR POWER FACILITY CONSTRUCTION CREDIT- Paragraphs (1) and (2)
shall not apply to the nuclear power facility construction credit.'.
(e) Clerical Amendment- The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by inserting after the item
for section 48C the following new item:
`Sec. 48D. Nuclear power facility construction credit.'.
(f) Effective Date- The amendments made by this section shall apply to expenditures
incurred and property placed in service in taxable years beginning after the
effective date of this Act.
SEC. 207. NATIONAL NUCLEAR ENERGY COUNCIL.
(1) The Secretary of Energy shall establish a National Nuclear Energy Council
(hereinafter the `Council').
(2) The Council shall be subject to the requirements of the Federal Advisory
Committee Act (5 U.S.C. Appendix 2).
(b) Purpose- The 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.
(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.
SEC. 208. TEMPORARY SPENT NUCLEAR FUEL STORAGE AGREEMENTS.
(a) Authorization and Location- The Secretary of Energy (in this section referred
to as the `Secretary') is authorized to initiate spent nuclear fuel storage
agreements as provided in this section.
(1) No later than 180 days from the effective date 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 paragraph (1),
the Secretary shall determine whether the identified site is suitable for
a temporary storage facility. In determining the site's suitability, the
Secretary shall evaluate technical feasibility and consider favorably local
support for collocating a temporary spent nuclear fuel storage facility
with facilities intended to develop and implement advanced nuclear fuel
cycle technologies.
(b) Content of Agreements- (1) If the Secretary determines one or more sites
to be suitable in accordance with subsection (a)(2), negotiation of a temporary
spent nuclear fuel storage facility agreement shall proceed.
(2) 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.
(3) Any temporary spent nuclear fuel storage agreement may be amended only
with the mutual consent of the parties to the agreement.
(c) Environmental Impact Statement- Execution 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)).
(d) Implementation of Temporary Spent Nuclear Fuel Storage Agreements-
(1) IN GENERAL- Any temporary spent nuclear fuel storage agreement or agreements
entered into under this section shall enter into force with respect to the
United States if (and only if)--
(A) 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;
(B) 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
(C) 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--
(i) a draft of an implementing bill; and
(ii) a statement of any administrative action proposed to implement
the agreement.
(2) APPLICATION OF EXPEDITED PROCEDURES TO IMPLEMENTING BILLS- The provisions
of subsection (e) apply to implementing bills submitted with respect to
temporary spent nuclear fuel storage agreements entered into and submitted
pursuant to this section.
(e) Expedited Procedures for Congressional Review of Temporary Spent Nuclear
Fuel Storage Agreements-
(1) RULES OF HOUSE OF REPRESENTATIVE AND SENATE- The provisions of this
subsection are enacted by the Congress--
(A) 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 and approval resolutions; and they supersede other rules only to
the extent that they are inconsistent therewith; and
(B) 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.
(2) DEFINITIONS- For purposes of this subsection--
(A) 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 this section.
(B) The term `implementing bill' means only a bill of either House of
Congress which is introduced as provided in paragraph (3) with respect
to one or more temporary spent nuclear fuel storage agreements and which
contain--
(i) a provision approving such storage agreements;
(ii) a provision approving the statement of administrative action (if
any) proposed to implement such storage agreements;
(iii) 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
(iv) a provision containing revenue measures (if any), by reason of
which the bill must originate in the House of Representatives as provided
for in paragraph (3).
(C) 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 XXX
on XXX,' 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.
(3) INTRODUCTION AND REFERRAL- On the day on which the temporary spent nuclear
fuel storage agreement is submitted to the House of Representatives and
the Senate under this section, 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.
(4) AMENDMENTS PROHIBITED- No 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 paragraph 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 paragraph by unanimous consent.
(5) PERIOD FOR COMMITTEE AND FLOOR CONSIDERATION-
(A) Except as provided in subparagraph (B), 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--
(i) 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
(ii) the vote on final passage shall be on the implementing bill or
approval resolution of the other House.
(B) For purposes of computing a number of days in either House as provided
for in subparagraph (A), there shall be excluded any day on which that
House is not in session.
(C) If the implementing bill contains one or more revenue measures--
(i) the provisions of subparagraph (A) shall not apply; and
(ii) the Senate shall not take final action on the bill until it is
received from the House.
(6) FLOOR CONSIDERATION IN THE HOUSE-
(A) 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.
(B) 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.
(C) 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.
(D) 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.
(E) Except to the extent specifically provided in the preceding provisions
of this paragraph, 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.
(7) FLOOR CONSIDERATION IN THE SENATE-
(A) 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.
(B) 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.
(C) 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.
(D) 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.
SEC. 209. CONFIDENCE IN AVAILABILITY OF WASTE DISPOSAL.
(a) Congressional Determination- The 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 an established a policy
for the ultimate safe and environmentally sound disposal of such high-level
radioactive waste and spent nuclear fuel.
(b) Regulatory Consideration- Notwithstanding 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.
TITLE III--DRILLING
Subtitle A--Tax Provisions
SEC. 301. CREDIT FOR PRODUCING FUEL FROM NONCONVENTIONAL SOURCES TO APPLY
TO GAS PRODUCED ONSHORE FROM FORMATIONS MORE THAN 15,000 FEET DEEP.
(a) In General- Subparagraph (B) of section 45K(c)(1) of the Internal Revenue
Code of 1986 is amended by striking `or' at the end of clause (i), by striking
`and' at the end of clause (ii) and inserting `or', and by inserting after
clause (ii) the following new clause:
`(iii) an onshore well from a formation more than 15,000 feet deep,
and'.
(b) Eligible Deep Gas Wells- Section 45K of such Code is amended by adding
at the end the following new subsection:
`(h) Eligible Deep Gas Wells- In the case of a well producing qualified fuel
described in subsection (c)(1)(B)(iii)--
`(1) for purposes of subsection (e)(1)(A), such well shall be treated as
drilled before January 1, 1993, if such well is drilled after the date of
the enactment of the $150 Barrel Energy Extortion Act of 2008, and
`(2) subsection (e)(2) shall not apply.'.
(c) Effective Date- The amendments made by this section shall apply to taxable
years ending after the effective date of this Act.
SEC. 302. TAX CREDIT FOR CARBON DIOXIDE CAPTURED FROM INDUSTRIAL SOURCES
AND USED IN ENHANCED OIL AND NATURAL GAS RECOVERY.
(a) In General- Subpart D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 (relating to business credits) is amended by adding at
the end the following new section:
`SEC. 45Q. CREDIT FOR CARBON DIOXIDE CAPTURED FROM INDUSTRIAL SOURCES AND
USED AS A TERTIARY INJECTANT IN ENHANCED OIL AND NATURAL GAS RECOVERY.
`(a) General Rule- For purposes of section 38, the captured carbon dioxide
tertiary injectant credit for any taxable year is an amount equal to the product
of--
`(1) the credit amount, and
`(2) the qualified carbon dioxide captured from industrial sources and used
as a tertiary injectant in qualified enhanced oil and natural gas recovery
which is attributable to the taxpayer.
`(b) Credit Amount- For purposes of this section--
`(1) IN GENERAL- The credit amount is $0.75 per 1,000 standard cubic feet.
`(2) INFLATION ADJUSTMENT- In the case of any taxable year beginning in
a calendar year after 2008, there shall be substituted for the $0.75 amount
under paragraph (1) an amount equal to the product of--
`(A) $0.75, multiplied by
`(B) the inflation adjustment factor for such calendar year determined
under section 43(b)(3)(B) for such calendar year, determined by substituting
`2006' for `1990'.
`(c) Qualified Carbon Dioxide- For purposes of this section--
`(1) IN GENERAL- The term `qualified carbon dioxide' means carbon dioxide
captured from an anthropogenic source that--
`(A) would otherwise be released into the atmosphere as industrial emission
of greenhouse gas,
`(B) is measurable at the source of capture,
`(C) is compressed, treated, and transported via pipeline,
`(D) is sold as a tertiary injectant in qualified enhanced oil and natural
gas recovery, and
`(E) is permanently sequestered in geological formations as a result of
the enhanced oil and natural gas recovery process.
`(2) ANTHROPOGENIC SOURCE- An anthropogenic source of carbon dioxide is
an industrial source, including any of the following types of plants, and
facilities related to such plant--
`(A) a coal and natural gas fired electrical generating power station,
`(B) a natural gas processing and treating plant,
`(D) a fertilizer plant, and
`(A) QUALIFIED ENHANCED OIL AND NATURAL GAS RECOVERY- The term `qualified
enhanced oil and natural gas recovery' has the meaning given such term
by section 43(c)(2).
`(B) TERTIARY INJECTANT- The term `tertiary injectant' has the same meaning
as when used within section 193(b)(1).
`(d) Other Definitions and Special Rules- For purposes of this section--
`(1) ONLY CARBON DIOXIDE CAPTURED WITHIN THE UNITED STATES TAKEN INTO ACCOUNT-
Sales shall be taken into account under this section only with respect to
qualified carbon dioxide of which is within--
`(A) the United States (within the meaning of section 638(1)), or
`(B) a possession of the United States (within the meaning of section
638(2)).
`(2) RECYCLED CARBON DIOXIDE- The term `qualified carbon dioxide' includes
the initial deposit of captured carbon dioxide used as a tertiary injectant.
Such term does not include carbon dioxide that is re-captured, recycled,
and re-injected as part of the enhanced oil and natural gas recovery process.
`(3) CREDIT ATTRIBUTABLE TO TAXPAYER- Any credit under this section shall
be attributable to the person that captures, treats, compresses, transports
and sells the carbon dioxide for use as a tertiary injectant in enhanced
oil and natural gas recovery, except to the extent provided in regulations
prescribed by the Secretary.'.
(b) Conforming Amendment- Section 38(b) (relating to general business credit)
is amended by striking `plus' at the end of paragraph (32), by striking the
period at the end of paragraph (33) and inserting `, plus', and by adding
at the end of following new paragraph:
`(34) the captured carbon dioxide tertiary injectant credit determined under
section 45P(a).'.
(c) Clerical Amendment- The table of sections for subpart B of part IV of
subchapter A of chapter 1 (relating to other credits) is amended by adding
at the end the following new section:
`Sec. 45Q. Credit for carbon dioxide captured from industrial sources and
used as a tertiary injectant in enhanced oil and natural gas recovery.'.
(d) Effective Date- The amendments made by this section shall apply to taxable
years beginning after the effective date of this Act.
Subtitle B--Termination of Congressional Moratoria on Oil and Gas Development
on the Outer Continental Shelf
SEC. 311. TERMINATION OF LAWS PROHIBITING EXPENDITURES FOR OIL AND NATURAL
GAS LEASING AND PRELEASING ACTIVITIES REGARDING AREAS OF THE OUTER CONTINENTAL
SHELF.
All provisions of existing Federal law prohibiting the spending of appropriated
funds to conduct oil and natural gas leasing and preleasing activities for
any area of the Outer Continental Shelf shall have no force or effect.
Subtitle C--Oil and Gas Development on the Coastal Plain of Alaska
SEC. 321. SHORT TITLE.
This subtitle may be cited as the `American-Made Energy and Good Jobs Act'.
SEC. 322. DEFINITIONS.
(1) COASTAL PLAIN- The term `Coastal Plain' means that area described in
appendix I to part 37 of title 50, Code of Federal Regulations.
(2) SECRETARY- The term `Secretary', except as otherwise provided, means
the Secretary of the Interior or the Secretary's designee.
SEC. 323. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.
(a) In General- The 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.
(1) REPEAL- Section 1003 of the Alaska National Interest Lands Conservation
Act of 1980 (16 U.S.C. 3143) is repealed.
(2) CONFORMING AMENDMENT- The table of contents in section 1 of such Act
is amended by striking the item relating to section 1003.
(c) Compliance With Requirements Under Certain Other Laws-
(1) COMPATIBILITY- For purposes of the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and
activities authorized by this section in the Coastal Plain are deemed to
be compatible with the purposes for which the Arctic National Wildlife Refuge
was established, and no further findings or decisions are required to implement
this determination.
(2) ADEQUACY OF THE DEPARTMENT OF THE INTERIOR'S LEGISLATIVE ENVIRONMENTAL
IMPACT STATEMENT- The `Final Legislative Environmental Impact Statement'
(April 1987) on the Coastal Plain prepared pursuant to section 1002 of the
Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3142)
and section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the National
Environmental Policy Act of 1969 that apply with respect to prelease activities,
including actions authorized to be taken by the Secretary to develop and
promulgate the regulations for the establishment of a leasing program authorized
by this subtitle before the conduct of the first lease sale.
(3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS- Before conducting the first
lease sale under this subtitle, the Secretary shall prepare an environmental
impact statement under the National Environmental Policy Act of 1969 with
respect to the actions authorized by this Act that are not referred to in
paragraph (2). Notwithstanding any other law, the Secretary is not required
to identify nonleasing alternative courses of action or to analyze the 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 effective date of this Act. The Secretary shall only consider
public comments that specifically address the Secretary's preferred action
and that are filed within 20 days after publication of an environmental
analysis. Notwithstanding any other law, compliance with this paragraph
is deemed to satisfy all requirements for the analysis and consideration
of the environmental effects of proposed leasing under this subtitle.
(d) Relationship to State and Local Authority- Nothing in this subtitle shall
be considered to expand or limit State and local regulatory authority.
(1) IN GENERAL- The Secretary, after consultation with the State of Alaska,
the city of Kaktovik, and the North Slope Borough, may designate up to a
total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary
determines that the Special Area is of such unique character and interest
so as to require special management and regulatory protection. The Secretary
shall designate as such a Special Area the Sadlerochit Spring area, comprising
approximately 4,000 acres.
(2) MANAGEMENT- Each such Special Area shall be managed so as to protect
and preserve the area's unique and diverse character including its fish,
wildlife, and subsistence resource values.
(3) EXCLUSION FROM LEASING OR SURFACE OCCUPANCY- The Secretary may exclude
any Special Area from leasing. If the Secretary leases a Special Area, or
any part thereof, for purposes of oil and gas exploration, development,
production, and related activities, there shall be no surface occupancy
of the lands comprising the Special Area.
(4) DIRECTIONAL DRILLING- Notwithstanding the other provisions of this subsection,
the Secretary may lease all or a portion of a Special Area under terms that
permit the use of horizontal drilling technology from sites on leases located
outside the Special Area.
(f) Limitation on Closed Areas- The Secretary's sole authority to close lands
within the Coastal Plain to oil and gas leasing and to exploration, development,
and production is that set forth in this subtitle.
(1) IN GENERAL- The Secretary shall prescribe such regulations as may be
necessary to carry out this subtitle, including rules and regulations relating
to protection of the fish and wildlife, their habitat, subsistence resources,
and environment of the Coastal Plain, by no later than 15 months after the
effective date of this Act.
(2) REVISION OF REGULATIONS- The Secretary shall periodically review and,
if appropriate, revise the rules and regulations issued under subsection
(a) to reflect any significant biological, environmental, or engineering
data that come to the Secretary's attention.
SEC. 324. LEASE SALES.
(a) In General- Lands may be leased pursuant to this subtitle to any person
qualified to obtain a lease for deposits of oil and gas under the Mineral
Leasing Act (30 U.S.C. 181 et seq.).
(b) Procedures- The 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 Bids- Bidding for leases under this subtitle shall be by sealed
competitive cash bonus bids.
(d) Acreage Minimum in First Sale- In the first lease sale under this subtitle,
the Secretary shall offer for lease those tracts the Secretary considers to
have the greatest potential for the discovery of hydrocarbons, taking into
consideration nominations received pursuant to subsection (b)(1), but in no
case less than 200,000 acres.
(e) Timing of Lease Sales- The Secretary shall--
(1) conduct the first lease sale under this subtitle within 22 months after
the effective date of this Act; 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.
SEC. 325. GRANT OF LEASES BY THE SECRETARY.
(a) In General- The Secretary may grant to the highest responsible qualified
bidder in a lease sale conducted pursuant to section 324 any lands to be leased
on the Coastal Plain upon payment by the lessee of such bonus as may be accepted
by the Secretary.
(b) Subsequent Transfers- No lease issued under this subtitle may be sold,
exchanged, assigned, sublet, or otherwise transferred except with the approval
of the Secretary. Prior to any such approval the Secretary shall consult with,
and give due consideration to the views of, the Attorney General.
SEC. 326. LEASE TERMS AND CONDITIONS.
An oil or gas lease issued pursuant to this subtitle shall--
(1) provide for the payment of a royalty of not less than 12 1/2 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) 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;
(3) 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;
(4) 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;
(5) include requirements and restrictions to provide for reasonable protection
of fish and wildlife, their habitat, subsistence resources, and the environment
as determined by the Secretary;
(6) prohibit the export of oil produced under the lease; and
(7) 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.
SEC. 327. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized Coastal Plain
Activities- The Secretary shall, consistent with the requirements of section
323, 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 Mitigation- The 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 Environment- Before implementing the leasing program authorized
by this subtitle, the Secretary shall prepare and promulgate regulations,
lease terms, conditions, restrictions, prohibitions, stipulations, and other
measures designed to ensure that the activities undertaken on the Coastal
Plain under this subtitle are conducted in a manner consistent with the purposes
and environmental requirements of this subtitle.
(d) Compliance With Federal and State Environmental Laws and Other Requirements-
The proposed regulations, lease terms, conditions, restrictions, prohibitions,
and stipulations for the leasing program under this subtitle shall require
compliance with all applicable provisions of Federal and State environmental
law, and shall also require the following:
(1) Standards at least as effective as the safety and environmental mitigation
measures set forth in items 1 through 29 at pages 167 through 169 of the
`Final Legislative Environmental Impact Statement' (April 1987) on the Coastal
Plain.
(2) Seasonal limitations on exploration, development, and related activities,
where necessary, to avoid significant adverse effects during periods of
concentrated fish and wildlife breeding, denning, nesting, spawning, and
migration.
(3) 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.
(4) Prohibitions on general public access and use on all pipeline access
and service roads.
(5) 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.
(6) Appropriate prohibitions or restrictions on access by all modes of transportation.
(7) Appropriate prohibitions or restrictions on sand and gravel extraction.
(8) Consolidation of facility siting.
(9) Appropriate prohibitions or restrictions on use of explosives.
(10) 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.
(11) Avoidance or minimization of air traffic-related disturbance to fish
and wildlife.
(12) 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.
(13) Fuel storage and oil spill contingency planning.
(14) Research, monitoring, and reporting requirements.
(15) Field crew environmental briefings.
(16) Avoidance of significant adverse effects upon subsistence hunting,
fishing, and trapping by subsistence users.
(17) Compliance with applicable air and water quality standards.
(18) Appropriate seasonal and safety zone designations around well sites,
within which subsistence hunting and trapping shall be limited.
(19) Reasonable stipulations for protection of cultural and archeological
resources.
(20) All other protective environmental stipulations, restrictions, terms,
and conditions deemed necessary by the Secretary.
(e) Considerations- In 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 GENERAL- The Secretary shall, after providing for public notice and
comment, prepare and update periodically a plan to govern, guide, and direct
the siting and construction of facilities for the exploration, development,
production, and transportation of Coastal Plain oil and gas resources.
(2) OBJECTIVES- The 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 Lands- The 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.
SEC. 328. EXPEDITED JUDICIAL REVIEW.
(1) DEADLINE- Subject to paragraph (2), any complaint seeking judicial review
of any provision of this Act 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) VENUE- Any complaint seeking judicial review of any provision of this
subtitle or any action of the Secretary under this subtitle may be filed
only in the United States Court of Appeals for the District of Columbia.
(3) LIMITATION ON SCOPE OF CERTAIN REVIEW- Judicial review of a Secretarial
decision to conduct a lease sale under this subtitle, including the environmental
analysis thereof, shall be limited to whether the Secretary has complied
with the terms of this subtitle and shall be based upon the administrative
record of that decision. The Secretary's identification of a preferred course
of action to enable leasing to proceed and the Secretary's analysis of environmental
effects under this subtitle shall be presumed to be correct unless shown
otherwise by clear and convincing evidence to the contrary.
(b) Limitation on Other Review- Actions of the Secretary with respect to which
review could have been obtained under this section shall not be subject to
judicial review in any civil or criminal proceeding for enforcement.
SEC. 329. FEDERAL AND STATE DISTRIBUTION OF REVENUES.
(a) In General- Notwithstanding any other provision of law, of the amount
of adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing
and operations authorized under this subtitle--
(1) 25 percent shall be paid to the State of Alaska; and
(2) except as provided in section 332(d), the balance shall be deposited
into the Treasury as miscellaneous receipts.
(b) Payments to Alaska- Payments to the State of Alaska under this section
shall be made semiannually.
SEC. 330. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.
(a) In General- The 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 Conditions- The Secretary shall include in any right-of-way
or easement issued under subsection (a) such terms and conditions as may be
necessary to ensure that transportation of oil and gas does not result in
a significant adverse effect on the fish and wildlife, subsistence resources,
their habitat, and the environment of the Coastal Plain, including requirements
that facilities be sited or designed so as to avoid unnecessary duplication
of roads and pipelines.
(c) Regulations- The Secretary shall include in regulations under section
323(g) provisions granting rights-of-way and easements described in subsection
(a) of this section.
SEC. 331. CONVEYANCE.
In order to maximize Federal revenues by removing clouds on title to lands
and clarifying land ownership patterns within the Coastal Plain, the Secretary,
notwithstanding the provisions of section 1302(h)(2) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall convey--
(1) to the Kaktovik Inupiat Corporation the surface estate of the lands
described in paragraph 1 of Public Land Order 6959, to the extent necessary
to fulfill the Corporation's entitlement under sections 12 and 14 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance
with the terms and conditions of the Agreement between the Department of
the Interior, the United States Fish and Wildlife Service, the Bureau of
Land Management, and the Kaktovik Inupiat Corporation effective January
22, 1993; and
(2) to the Arctic Slope Regional Corporation the remaining subsurface estate
to which it is entitled pursuant to the August 9, 1983, agreement between
the Arctic Slope Regional Corporation and the United States of America.
SEC. 332. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Financial Assistance Authorized-
(1) IN GENERAL- The Secretary may use amounts available from the Coastal
Plain Local Government Impact Aid Assistance Fund established by subsection
(d) to provide timely financial assistance to entities that are eligible
under paragraph (2) and that are directly impacted by the exploration for
or production of oil and gas on the Coastal Plain under this subtitle.
(2) ELIGIBLE ENTITIES- The North Slope Borough, the City of Kaktovik, and
any other borough, municipal subdivision, village, or other community in
the State of Alaska that is directly impacted by exploration for, or the
production of, oil or gas on the Coastal Plain under this Act, as determined
by the Secretary, shall be eligible for financial assistance under this
section.
(b) Use of Assistance- Financial 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.
(1) IN GENERAL- Any community that is eligible for assistance under this
section may submit an application for such assistance to the Secretary,
in such form and under such procedures as the Secretary may prescribe by
regulation.
(2) NORTH SLOPE BOROUGH COMMUNITIES- A community located in the North Slope
Borough may apply for assistance under this section either directly to the
Secretary or through the North Slope Borough
(3) APPLICATION ASSISTANCE- The Secretary shall work closely with and assist
the North Slope Borough and other communities eligible for assistance under
this section in developing and submitting applications for assistance under
this section.
(d) Establishment of Fund-
(1) IN GENERAL- There is established in the Treasury the Coastal Plain Local
Government Impact Aid Assistance Fund.
(2) USE- Amounts in the fund may be used only for providing financial assistance
under this section.
(3) DEPOSITS- Subject to paragraph (4), there shall be deposited into the
fund amounts received by the United States as revenues derived from rents,
bonuses, and royalties from Federal leases and lease sales authorized under
this subtitle.
(4) LIMITATION ON DEPOSITS- The total amount in the fund may not exceed
$11,000,000.
(5) INVESTMENT OF BALANCES- The Secretary of the Treasury shall invest amounts
in the fund in interest bearing government securities.
(e) Authorization of Appropriations- To provide financial assistance under
this section there is authorized to be appropriated to the Secretary from
the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for
each fiscal year.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
Titles I through IV of this Act and the amendments made by this Act shall
take effect on the first day after the date of the enactment of this Act on
which the spot price for West Texas Intermediate (WTI-Cushing) crude oil is
equal to or greater than $150 per barrel, as determined by the Energy Information
Administration, Department of Energy.
END
