S.Amdt. 5135

1. Adds TITLE II--OIL SUPPLY AND MANAGEMENT at the end of the bill

   Adds a title

   In S. 3268 · Placed on Calendar Senate

   (b) Report.--If the Commission decides not to use the procedures described in subsection (a) in a specific instance, not later than 30 days after the date of the decision, the Commission shall submit to Congress a detailed report that describes in each instance the reasons for not using the procedures.

   Inserted: TITLE II--OIL SUPPLY AND MANAGEMENT

   Inserted: Subtitle A--Diligent Development SEC. 201. DILIGENT DEVELOPMENT OF FEDERAL OIL AND GAS LEASES.

   Inserted: (a) Clarification of Existing Law.--Each lease that authorizes the exploration for or production of oil or natural gas under a provision of law described in subsection (b) shall be diligently developed by the person holding the lease in order to ensure timely production from the lease.

   Inserted: (b) Covered Provisions.--Subsection (a) shall apply to--

   Inserted: (1) section 17 of the Mineral Leasing Act (30 U.S.C. 226);

   Inserted: (2) section 107 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a); and

   Inserted: (3) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

   Inserted: (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations that--

   Inserted: (1) set forth requirements and benchmarks for oil and gas development that will ensure that leaseholders--

   Inserted: (A) diligently develop each lease; and

   Inserted: (B) to the maximum extent practicable, produce oil and gas from each lease during the primary term of the lease;

   Inserted: (2) require each leaseholder to submit to the Secretary a diligent development plan describing how the lessee will meet the benchmarks; and

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   Inserted: (3) take into account differences in development conditions and circumstances in the areas to be developed.

   Inserted: SEC. 202. DILIGENT DEVELOPMENT OF NATIONAL PETROLEUM RESERVE IN ALASKA.

   Inserted: (a) Length of Lease.--Section 107(i) of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a(i)) is amended by striking paragraph (1) and inserting the following:

   Inserted: "(1) Length of lease.--

   Inserted: "(A) In general.--Leases issued under this section shall be for a primary term to be determined by the Secretary by regulation of not less than 8 years and not more than 10 years.

   Inserted: "(B) Diligent production.--In determining the length of the lease term, the Secretary shall seek to maximize the timely production of oil and gas and diligent development of the lease.

   Inserted: "(C) Continuation of lease.--Each lease issued under this section shall continue so long after the primary term of the lease as oil or gas is produced in paying quantities.

   Inserted: "(D) Actual drilling operations commenced.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling or reworking operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at that time shall be extended for 5 years and so long thereafter as oil or gas is produced in paying quantities.".

   Inserted: (b) Repeal and Rental.--Section 107(i) of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a(i)) is amended--

   Inserted: (1) in the subsection heading, by inserting "; annual rental payment" after "Terms"; and

   Inserted: (2) by striking paragraphs (2) through (6) and inserting the following:

   Inserted: "(2) Annual rental payment.--

   Inserted: "(A) In general.--Each lease issued under this section shall be conditioned on a payment by the lessee of an annual rental payment.

   Inserted: "(B) Amount.--The Secretary shall establish the rental payment at a rate determined by the Secretary that maximizes the timely production of oil and gas and diligent development of the lease.

   Inserted: "(C) Escalating rate.--The rent shall--

   Inserted: "(i) be established at a fixed rate for the first year of the lease which shall be not less than $3.00 per acre; and

   Inserted: "(ii) escalate annually in an increment of not less than $1.00 per acre per year.".

   Inserted: SEC. 203. LENGTH OF LEASE TERMS.

   Inserted: Section 17(e) of the Mineral Leasing Act (30 U.S.C. 226(e)) is amended--

   Inserted: (1) by striking "(e)" and all that follows through the end of the first sentence and inserting the following:

   Inserted: "(e) Primary Terms.--

   Inserted: "(1) In general.--Leases issued under this section shall be for a primary term to be determined by the Secretary by regulation of not less than 5 years and not more than 10 years.

   Inserted: "(2) Diligent production.--In determining the length of the lease term, the Secretary shall seek to maximize the timely production of oil and gas and diligent development of the lease.";

   Inserted: (2) by striking "Each such lease" and inserting the following:

   Inserted: "(3) Continuation of lease.--Each lease issued under this section"; and

   Inserted: (3) by striking "Any lease issued" and inserting the following:

   Inserted: "(4) Actual drilling operations commenced.--Any lease issued".

   Inserted: SEC. 204. RENTALS.

   Inserted: (a) Leases Under Mineral Leasing Act.--Section 17(d) of the Mineral Leasing Act (30 U.S.C. 226(d)) is amended--

   Inserted: (1) by striking "(d) All leases" and all that follows through the end of the first sentence and inserting the following:

   Inserted: "(d) Annual Rentals; Minimum Royalty.--

   Inserted: "(1) Annual rental payment.--

   Inserted: "(A) In general.--Each lease issued under this section shall be conditioned on a payment by the lessee of an annual rental payment.

   Inserted: "(B) Amount.--The Secretary shall establish the rental payment at a rate determined by the Secretary that maximizes the timely production of oil and gas and diligent development of the lease.

   Inserted: "(C) Escalating rate.--The rent shall--

   Inserted: "(i) be not less than $1.50 per acre for the first year of the lease; and

   Inserted: "(ii) escalate annually through the last year of the primary term of the lease in an increment of not less than $1.00 per acre per year."; and

   Inserted: (2) by striking "A minimum royalty" and inserting the following:

   Inserted: "(2) Minimum royalty.--A minimum royalty".

   Inserted: (b) Leases on Outer Continental Shelf.--Section 8(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)) is amended by striking paragraph (6) and inserting the following:

   Inserted: "(6) contain such other provisions as the Secretary may prescribe at the time of offering the area for lease, including annual rental payments that--

   Inserted: "(A) are established at a rate determined by the Secretary to maximize the timely production of oil and gas and diligent development of the lease;

   Inserted: "(B) escalate annually; and

   Inserted: "(C) may be established to reflect differences in development conditions and circumstances in areas to be developed; and".

   Inserted: Subtitle B--Leasing on Outer Continental Shelf Not Subject to Moratoria SEC. 211. OFFSHORE OIL AND GAS LEASING IN PORTION OF 181 AREA AUTHORIZED TO BE LEASED UNDER THE GULF OF MEXICO ENERGY SECURITY ACT OF 2006.

   Inserted: Section 103(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--

   Inserted: (1) by striking "shall offer" and inserting "shall--

   Inserted: "(1) offer";

   Inserted: (2) by striking the period at the end and inserting "; and"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(2) offer unleased areas of the 181 Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1301 et seq.) as soon as practicable, but not later than 1 year, after the date of enactment of this paragraph.".

   Inserted: SEC. 212. ACCELERATION OF LEASE SALES IN WESTERN AND CENTRAL PLANNING AREAS OF GULF OF MEXICO.

   Inserted: Section 8(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)) is amended by adding at the end the following:

   Inserted: "(9) Frequency of lease sales in gulf of mexico.--

   Inserted: "(A) In general.--Except as provided in subparagraph (B), at least once every 180 days, the Secretary shall conduct lease sales under paragraph (1) for land in the Western and Central Planning Areas of the Gulf of Mexico.

   Inserted: "(B) Exception.--Subparagraph (A) shall not apply if the Secretary--

   Inserted: "(i) determines it is not practicable to conduct lease sales with the frequency required under subparagraph (A); and

   Inserted: "(ii) provides to Congress a report that--

   Inserted: "(I) describes the reasons for the determination under clause (i); and

   Inserted: "(II) certifies that, in the judgment of the Secretary, holding lease sales less frequently will not adversely affect the production of oil and gas from the areas described in subparagraph (A).

   Inserted: "(C) Leasing program.--The lease sales required under this paragraph shall be conducted notwithstanding the omission of those sales from the outer Continental Shelf Leasing Program for 2007-2012 prepared by the Secretary under section 18.".

   Inserted: SEC. 213. LEASE SALES FOR AREAS OFFSHORE ALASKA.

   Inserted: (a) Survey.--Not later than 1 year after the date of enactment of this Act, in the case of each outer Continental Shelf planning area that is offshore of the State of Alaska and is not covered by the Outer Continental Shelf Oil and Gas Leasing Program for 2007-2012, the Secretary of the Interior (referred to in this section as the "Secretary") shall conduct a survey of oil and gas industry interest in oil and gas leasing and development in the planning area.

   Inserted: (b) Evaluation.--In the case of any planning area described in subsection (a) in which there is a high level of interest in oil and gas leasing and development, as determined by the Secretary, the Secretary shall evaluate--

   Inserted: (1) the oil and gas potential of the area;

   Inserted: (2) the environmental and natural values of the area; and

   Inserted: (3) the importance of the area for subsistence use, after consulting with interested Native Alaskan communities.

   Inserted: (c) Report.--

   Inserted: (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report containing--

   Inserted: (A) the results of the survey; and

   Inserted: (B) the evaluation and the conclusions of the Secretary as to whether leasing should be pursued in any portion of a planning area described in subsection (a).

   Inserted: (2) Leasing to be pursued in area.--If the Secretary concludes that leasing should be pursued in any planning area described in subsection (a), the Secretary shall describe in the report--

   Inserted: (A) the further determinations and actions required by law to be taken by the Secretary; and

   Inserted: (B) the time line leading up to any lease sale in the planning area.

   Inserted: (3) Leasing not to be pursued in area.--If the Secretary concludes that leasing will not be pursued in any such planning area, the Secretary shall describe in the report the reasons for the conclusion.

   Inserted: (4) Administration.--In preparing the report, the Secretary shall--

   Inserted: (A) consult with the Governor of Alaska; and

   Inserted: (B) provide an opportunity for public comment.

   Inserted: (d) Effect on Other Laws.--Nothing in this section waives or modifies any environmental or other law applicable to oil and gas leasing and development on the outer Continental Shelf.

   Inserted: Subtitle C--Leasing in National Petroleum Reserve in Alaska SEC. 221. ACCELERATION OF LEASE SALES FOR NATIONAL PETROLEUM RESERVE IN ALASKA.

   Inserted: Section 107(d) of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a(d)) is amended--

   Inserted: (1) by striking "(d)" and all that follows through "; first lease sale" and inserting the following:

   Inserted: "(d) Lease Sales.--

   Inserted: "(1) First lease sale.--The first lease sale"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(2) Subsequent lease sales.--The Secretary shall accelerate, to the maximum extent practicable, competitive and environmentally responsible leasing of oil and gas in the Reserve in accordance with this Act and all applicable environmental laws, including at least 1 lease sale during each of calendar years 2009 through 2013.".

   Inserted: Subtitle D--Strategic Petroleum Reserve SEC. 231. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (1) Heavy-grade petroleum.--The term "heavy-grade petroleum" means crude oil with an American Petroleum Institute gravity of 26 degrees or lower.

   Inserted: (2) Light-grade petroleum.--The term "light-grade petroleum" means--

   Inserted: (A) crude oil in the Strategic Petroleum Reserve categorized as Bayou Choctaw Sweet, Big Hill Sweet, West Hackberry Sweet, or Bryan Mound Sweet; and

   Inserted: (B) oil acquired for storage in the Strategic Petroleum Reserve with any category of oil referred to in subparagraph (A).

   Inserted: (3) Secretary.--The term "Secretary" means the Secretary of Energy.

   Inserted: (4) SPR petroleum account.--The term "SPR Petroleum Account" means the SPR Petroleum Account established under section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247).

   Inserted: (5) Strategic petroleum reserve.--The term "Strategic Petroleum Reserve" means the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.).

   Inserted: SEC. 232. MODERNIZATION OF THE STRATEGIC PETROLEUM RESERVE.

   Inserted: (a) Initial Petroleum Exchange From Reserve.--Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), not later than 15 days after the date of enactment of this Act, the Secretary shall--

   Inserted: (1) exchange, in the quantity described in subsection (b), light-grade petroleum from the Strategic Petroleum Reserve for--

   Inserted: (A) an equivalent volume of heavy-grade petroleum; plus

   Inserted: (B) any additional cash bonus bids received that reflect the difference in--

   Inserted: (i) the market value between light-grade petroleum and heavy-grade petroleum; and

   Inserted: (ii) the timing of deliveries of the heavy-grade petroleum; (2) of the gross proceeds of the cash bonus bids, deposit the amount required to pay for the direct administrative and operational costs of the exchange in the SPR Petroleum Account; and

   Inserted: (3) disburse the remaining net proceeds from the exchange to the Secretary of Health and Human Services to carry out the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), to be available without further appropriation and to remain available until expended.

   Inserted: (b) Quantities and Schedule.--

   Inserted: (1) Sale of light-grade petroleum.--Not later than 180 days after the date of enactment of this Act, to carry out subsection (a), the Secretary shall sell at least 70,000,000 barrels of light-grade petroleum from the Strategic Petroleum Reserve.

   Inserted: (2) Acquisition of heavy-grade petroleum.--The acquisition of heavy-grade petroleum through purchase or exchange shall--

   Inserted: (A) commence not earlier than 1 year after the date of enactment of this Act;

   Inserted: (B) be completed, at the discretion of the Secretary, not later than 5 years after the date of enactment of this Act; and

   Inserted: (C) be carried out in a manner that maximizes the monetary value of the exchange to the Federal Government.

   Inserted: SEC. 233. DEFERRALS.

   Inserted: As the Secretary determines to be economically beneficial and practical, the Secretary is encouraged to grant any request to defer a scheduled delivery of petroleum to the Strategic Petroleum Reserve if the deferral will result in a premium paid in additional barrels of oil that will--

   Inserted: (1) reduce the cost of oil acquisition; and

   Inserted: (2) increase the volume of oil delivered to the Reserve.

   Inserted: Subtitle E--Resource Estimates SEC. 241. RESOURCE ESTIMATES.

   Inserted: (a) In General.--The Secretary of the Interior shall annually collect and report to Congress--

   Inserted: (1) data on the number of acres of land under Federal onshore oil and gas lease--

   Inserted: (A) on which exploration activity is occurring; and

   Inserted: (B) on which production is occurring;

   Inserted: (2) resource estimates and number of acres for Federal onshore and offshore land under lease;

   Inserted: (3) resource estimates and number of acres for unleased Federal onshore and offshore land available for oil and gas leasing;

   Inserted: (4) resource estimates and number of acres for areas of the outer Continental Shelf--

   Inserted: (A) under lease but not producing;

   Inserted: (B) offered for lease in a lease sale conducted during the previous year but not leased;

   Inserted: (C) included in proposed sale areas in the 5-year plan developed by the Secretary pursuant to section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344); and

   Inserted: (D) available for oil and gas leasing but not included in the 5-year plan; and

   Inserted: (5) resource estimates and number of acres for Federal onshore land--

   Inserted: (A) under lease but not producing; and

   Inserted: (B) offered for lease in a lease sale conducted during the previous year but not leased.

   Inserted: (b) Covered Provisions.--Subsection (a) shall apply with respect leases and land eligible for leasing pursuant to--

   Inserted: (1) section 17 of the Mineral Leasing Act (30 U.S.C. 226);

   Inserted: (2) section 107 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a); and

   Inserted: (3) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

   Inserted: Subtitle F--Sense of Senate on Alaska Natural Gas Pipeline SEC. 251. SENSE OF SENATE ON ALASKA NATURAL GAS PIPELINE.

   Inserted: (a) Findings.--Congress finds that--

   Inserted: (1) more than 35,000,000,000,000 cubic feet of natural gas reserves have been discovered on Federal and State land open to leasing as of the date of enactment of this Act in the North Slope area of the State of Alaska, but that natural gas is being injected underground because the natural gas cannot be transported to markets in the lower 48 States; and

   Inserted: (2) in 2004, Congress passed the Alaska Natural Gas Pipeline Act (15 U.S.C. 720 et seq.)--

   Inserted: (A) to expedite the Federal regulatory process for siting of an Alaska natural gas pipeline;

   Inserted: (B) to establish a Federal office to coordinate the permitting process;

   Inserted: (C) to authorize a loan guarantee for the construction of an Alaska natural gas pipeline;

   Inserted: (D) to provide accelerated depreciation for an Alaska natural gas pipeline; and

   Inserted: (E) to provide favorable tax treatment for a gas conditioning plant in the North Slope area of the State of Alaska.

   Inserted: (b) Sense of Senate.--It is the sense of the Senate that--

   Inserted: (1) the Alaska natural gas pipeline is a critically important national infrastructure project that would benefit all consumers in the United States;

   Inserted: (2) all parties interested in the development of an Alaska natural gas pipeline, including oil and gas producers, pipeline companies, the State of Alaska, Federal agencies, Canadian authorities, and others, should, and are encouraged by the Senate, to accelerate their efforts to work together to allow that critical national infrastructure project to move forward; and

   Inserted: (3) an Alaska natural gas transportation project would provide significant economic benefits to the United States and Canada and, to maximize those benefits, the sponsors of the Alaska natural gas transportation project should make every effort to--

   Inserted: (A) use steel that is manufactured in North America; and

   Inserted: (B) negotiate a project labor agreement to expedite construction of the pipeline.

   Inserted: Subtitle G--Roan Plateau Oil and Gas Leasing SEC. 261. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Roan Plateau Oil and Gas Leasing Improvement Act of 2008".

   Inserted: SEC. 262. FINDINGS AND PURPOSE.

   Inserted: (a) Findings.--Congress finds that--

   Inserted: (1) the Roan Plateau Planning Area likely contains significant energy resources, especially natural gas;

   Inserted: (2) the Roan Plateau Planning Area also is--

   Inserted: (A) an important part of the natural heritage of the State of Colorado that provides important habitat for fish and wildlife, including genetically pure populations of Colorado River cutthroat trout, mule deer, and Rocky Mountain elk; and

   Inserted: (B) increasingly important for hunters, fishermen, and other outdoor recreationists as development has made other land in the western part of the State less conducive to those uses;

   Inserted: (3) oil and gas development activities have the potential to disturb the environment and pose a particular threat to habitats for wildlife and aquatic species on the Roan Plateau, while phased leasing of the energy resources associated with the Roan Plateau can result in payment by the leaseholders of greater revenues than would result from more rapid leasing; and

   Inserted: (4) phased development and long-range planning pursuant to unit agreements will--

   Inserted: (A) maximize lease revenues;

   Inserted: (B) reduce duplicative infrastructure, such as roads, pipelines, and compressor stations;

   Inserted: (C) reduce overall ground disturbance; and

   Inserted: (D) minimize habitat fragmentation.

   Inserted: (b) Purpose.--The purpose of this subtitle is to provide for balanced development of the energy resources of the Roan Plateau in a manner that minimizes the adverse impacts on fish and wildlife habitats and environmental resources and values while increasing the financial returns to the United States and the State of Colorado.

   Inserted: SEC. 263. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (1) Draft resource management plan.--The term "draft resource management plan" means the Draft Resource Management Plan Amendment and Environmental Impact Statement of the Bureau of Land Management for the Roan Plateau Planning Area (2004).

   Inserted: (2) Eligible public land.--The term "eligible public land" means --

   Inserted: (A) the public land within the 6,000-acre developed tract of Oil Shale Reserve Numbered 3 described in section 7439(a)(2) of title 10, United States Code; and

   Inserted: (B) in the case of public land described in the proposed resource management plan--

   Inserted: (i) a phased development area; and

   Inserted: (ii) any public land within the northeastern, northwestern, southeastern, or southwestern quadrant of the Roan Plateau Planning Area that is defined as "below the rim" or "below the cliffs" in figure 1-3.

   Inserted: (3) June 2007 record of decision.--The term "record of decision" means the Record of Decision made available pursuant to the notice entitled "Notice of Availability of the Record of Decision for the Resource Management Plan Amendment (RMPA) for Portions of the Roan Plateau Planning Area and Supplemental Information for Proposed Areas of Critical Environmental Concern (ACEC) With Associated Resource Use Limitations for Public Lands in Garfield and Rio Blanco Counties, CO" (72 Fed. Reg. 32138), dated June 11, 2007.

   Inserted: (4) March 2008 record of decision.--The term "March 2008 Record of Decision" means the Record of Decision for the Designation of Areas of Critical Environmental Concern for the Roan Plateau Resource Management Plan Amendment and Environmental Impact Statement, dated March 15, 2008.

   Inserted: (5) Mineral lease.--The term "mineral lease" means a lease of minerals owned by the United States pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.).

   Inserted: (6) Phased development area.--The term "phased development area" means each of the 6 tracts of public domain land on the top of the Roan Plateau, each of which is--

   Inserted: (A) depicted in figure 2-1 on page 2-26 of the proposed resource management plan; and

   Inserted: (B) described, respectively, as--

   Inserted: (i) the Anvil Ridge Oil & Gas Phased Development Area;

   Inserted: (ii) the Cook Ridge Oil & Gas Phased Development Area;

   Inserted: (iii) the Corral Ridge Oil & Gas Phased Development Area;

   Inserted: (iv) the Long Ridge East Oil & Gas Phased Development Area;

   Inserted: (v) the Long Ridge West Oil & Gas Phased Development Area; and

   Inserted: (vi) the Short Ridge Oil & Gas Phased Development Area.

   Inserted: (7) Proposed resource management plan.--The term "proposed resource management plan" means the proposed Resource Management Plan and Environmental Impact Statement of the Bureau of Land Management for the Roan Plateau Management Area (August 2006).

   Inserted: (8) Public land.--The term "public land" has the meaning given the term "public lands" in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

   Inserted: (9) Resource management plan amendment.--The term "resource management plan amendment" means the Resource Management Plan Amendment and Final Environmental Impact Statement of the Bureau of Land Management for the Roan Plateau Planning Area (2006).

   Inserted: (10) Roan plateau planning area.--The term "Roan Plateau Planning Area" means public land in the State that is covered by the draft resource management plan.

   Inserted: (11) Secretary.--The term "Secretary" means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

   Inserted: (12) State.--The term "State" means the State of Colorado.

   Inserted: SEC. 264. SPECIAL PROTECTION AREAS.

   Inserted: (a) Designation.--There are designated the following Special Protection Areas:

   Inserted: (1) All public land identified as an Area of Critical Environmental Concern (ACEC) on the map entitled "Alternative II Management" of the draft resource management plan.

   Inserted: (2) All public land located within the watersheds or drainages of Northwater Creek and the East Fork of Parachute Creek above the confluence with First Anvil Creek.

   Inserted: (3) All public land identified as subject to a No Ground Disturbance (NGD/NSO) stipulation on the map entitled "Alternative II Stipulations" of the resource management plan amendment.

   Inserted: (b) Management.--Except as otherwise provided in this subtitle, the Secretary shall manage the Special Protection Areas in a manner that prevents irreparable damage to the fish and wildlife resources and the historical, cultural, scenic, and environmental resources and values within those areas.

   Inserted: (c) Terms and Conditions.--Except as provided in subsection (d), the Secretary shall include in any mineral lease entered into for any land within a Special Protection Area and for any Federal minerals underlying the Northwater Creek drainage--

   Inserted: (1) a stipulation prohibiting surface occupancy or surface disturbance for purposes of exploration for or development of oil or natural gas; and

   Inserted: (2) such other terms and conditions as are necessary to protect and enhance the biological and ecological values associated with public land covered by the lease.

   Inserted: (d) Nonwaivability.--

   Inserted: (1) In general.--Except as provided in paragraph (2), a stipulation, term, or condition described in subsection (c)(1) shall not be subject to waiver, exemption, or exception.

   Inserted: (2) Exceptions for existing ridge-top roads.--The Secretary may allow the holder of a mineral lease to occupy the surface of public land identified on the map entitled "Alternative II Management" of the draft resource management plan that has a surveyed slope of not more than 20 percent and is within 600 feet on either side of the center line of the following existing ridge-top roads (not including any secondary roads or spur roads appurtenant to the ridge-top roads, other than the road described in subparagraph (F)):

   Inserted: (A) Anvil Points Road.

   Inserted: (B) Long Ridge Road.

   Inserted: (C) Short Ridge Road.

   Inserted: (D) Cook Ridge Road.

   Inserted: (E) Corral Ridge Road, numbered 8,000 off of Cow Creek Road, but only in areas that are outside the watershed of Trapper Creek.

   Inserted: (F) The spur road off of Cow Creek Road and Corral Ridge Road in sec. 1, 2, and 11, T. 5 S., R. 95 W., but only on the north and west sides of the road.

   Inserted: (e) Conditions for Oil and Gas Exploration and Development Along Existing Ridge-Top Roads.--

   Inserted: (1) In general.--The Secretary may permit oil and gas exploration and development activities within the development corridors designated under subsection (d) only after--

   Inserted: (A) site-specific consultation with the Department of Natural Resources of the State;

   Inserted: (B) the conduct of a detailed review and analysis of the proposed location and activities; and

   Inserted: (C) incorporation of operational and procedural practices to avoid, minimize, or mitigate any potential impacts to biological or ecological resources, including state-of-the-art measures to minimize erosion from stormwater runoff.

   Inserted: (2) Compliance with federal and state law.--Any oil and gas exploration and development activities authorized under subsection (d)(2) shall comply with applicable Federal and State laws (including regulations).

   Inserted: (f) Public Comment.--Before permitting oil and gas exploration and development activities under subsection (d)(2), the Secretary shall provide notice and an opportunity for public comment.

   Inserted: SEC. 265. PHASED MINERAL LEASING.

   Inserted: (a) In General.--

   Inserted: (1) Leases.--Except as provided in paragraph (2) and to the extent consistent with this subtitle, the Secretary may issue mineral leases affecting public land within the Roan Plateau Planning Area pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.).

   Inserted: (2) Oil shale.--The Secretary may not permit through a lease or other means any exploration for or development of oil shale resources within the Roan Plateau Planning Area.

   Inserted: (b) Phased Development.--

   Inserted: (1) In general.--Subject to paragraph (2), the Secretary may not at any time issue mineral leases for public land within more than 1 of the phased development areas.

   Inserted: (2) Initial phased development area.--The Secretary, in consultation with and concurrence by the Department of Natural Resources of the State and pursuant to this subsection, may select an area for initial issuance of mineral leases.

   Inserted: (3) Factors.--In making the selection under paragraph (2), the Secretary shall, to the maximum extent practicable--

   Inserted: (A) minimize environmental and ecological impact;

   Inserted: (B) minimize disturbance to natural areas atop the Roan Plateau;

   Inserted: (C) maximize use of existing access roads and oil and gas pipeline and production infrastructure;

   Inserted: (D) consider patterns of private land ownership adjacent to public land;

   Inserted: (E) protect and promote ecological diversity;

   Inserted: (F) minimize adverse effects on wildlife populations, habitat, and migration patterns;

   Inserted: (G) minimize adverse effects on watershed values; and

   Inserted: (H) maximize the revenues likely to be obtained by the United States and, pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.), the State.

   Inserted: (4) Choice of initial area.--The Secretary may select as the initial area for offering of leases only--

   Inserted: (A) the Anvil Ridge Oil and Gas Development Area; or

   Inserted: (B) the Corral Ridge Oil and Gas Development Area.

   Inserted: (5) Public comment.--Before making a selection of a phased development area under this subsection, the Secretary shall provide notice and an opportunity for public comment.

   Inserted: (c) Environmental Protection.--Each mineral lease affecting public land within the Roan Plateau Planning Area shall include provisions to ensure the protection of the environment, including minimum pad spacing that incorporates current state-of-the-art drilling technologies and clustered development.

   Inserted: (d) Bonus Bids and Leases.--In entering into leases for oil or gas exploration and development on public land within the Roan Plateau Planning Area, the Secretary may include minimum bonus bid amounts and lease sizes that are above the limits established under subparagraphs (A) and (B) of section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)), to the extent the Secretary considers the amounts and sizes appropriate to accomplish the purposes of this subtitle, including maximization of lease revenues and protection of the environment.

   Inserted: (e) Reports.--Not later than 1 year after the date on which leases are first offered pursuant to this section and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report that includes detailed information about--

   Inserted: (1) the status of exploration or development activities pursuant to leases entered into under this section and the stipulations and other terms and conditions applicable to each such lease;

   Inserted: (2) the nature and effectiveness of actions taken to mitigate adverse effects of exploration or development activities pursuant to the leases and to reclaim land affected by the activities;

   Inserted: (3) the effectiveness of the actions described in paragraph (2); and

   Inserted: (4) the effects of such exploration or development activities on--

   Inserted: (A) water quality and quantity;

   Inserted: (B) air quality;

   Inserted: (C) the viability of native fish populations;

   Inserted: (D) wildlife habitat and populations;

   Inserted: (E) opportunities for hunting, fishing, and other recreational activities; and

   Inserted: (F) land affected by any discharges or spills related to the activities.

   Inserted: SEC. 266. SELECTION OF SUBSEQUENT LEASING AREAS.

   Inserted: (a) In General.--Subject to subsection (d) and consistent with this subtitle, the Secretary, in consultation with and concurrence by the Department of Natural Resources of the State, may select the second and each subsequent phased development area for issuance of mineral leases.

   Inserted: (b) Requirements.--Each selection under this section shall be made in accordance with the requirements of section 265(b)(3) that apply to the initial selection.

   Inserted: (c) Public Comment.--Before making a selection of a subsequent phased development area under this section, the Secretary shall provide notice and an opportunity for public comment.

   Inserted: (d) Conditions.--Selection and leasing of the second or any subsequent phased development area shall occur only if--

   Inserted: (1) wells have been completed to recover at least 90 percent of the recoverable natural gas in each previously selected phased development area; and

   Inserted: (2) reclamation of ground disturbance to a 5-year interim reclamation standard as set forth in Appendix C of the June 2007 Record of Decision has occurred on at least 99 percent of the public land leased in each previously-selected phased development area.

   Inserted: SEC. 267. FEDERAL UNITIZATION AGREEMENTS.

   Inserted: (a) In General.--The Secretary, in consultation with and concurrence by the Department of Natural Resources of the State, shall ensure that each lease for oil or gas exploration and development on public land within the Roan Plateau Planning Area under this subtitle contains a stipulation that requires the lessee to join a Federal unitization agreement that is approved by the Secretary covering all leases offered in the relevant phased development area.

   Inserted: (b) Contents.--The unitization agreement under subsection (a) shall--

   Inserted: (1) identify the operator of the unit;

   Inserted: (2) allocate costs and benefits of production to all of the covered lessees; and

   Inserted: (3) provide a development plan for the leased area.

   Inserted: SEC. 268. RECORD OF DECISION.

   Inserted: (a) Reclamation Requirements and Disturbance Limitations.--Each development activity conducted under a mineral lease affecting public land within the Roan Plateau Planning Area shall be subject to the reclamation requirements and disturbance limitations of the June 2007 Record of Decision and the March 2008 Record of Decision, including the limitation on the total unreclaimed surface disturbance on the Plateau to 350 acres.

   Inserted: (b) Continued Application.--The June 2007 Record of Decision and the March 2008 Record of Decision shall continue to apply to the Roan Plateau Planning Area to the extent that the June 2007 Record of Decision and the March 2008 Record of Decision are consistent with this subtitle.

   Inserted: SEC. 269. CONFORMING AMENDMENTS.

   Inserted: Section 7439 of title 10, United States Code, is amended--

   Inserted: (1) in subsection (b)--

   Inserted: (A) in paragraph (1)--

   Inserted: (i) by striking "(1) Beginning on November 18, 1997, or as soon thereafter as practicable, the" and inserting "The"; and

   Inserted: (ii) in the first sentence--

   Inserted: (I) by striking "shall" and inserting "may"; and

   Inserted: (II) by inserting ", as authorized under the Roan Plateau Oil and Gas Leasing Improvement Act of 2008" before the period at the end; and

   Inserted: (B) by striking paragraph (2); and

   Inserted: (2) in subsection (f)--

   Inserted: (A) in paragraph (1), by striking "specified in paragraph (2)" and inserting "beginning on November 18, 1997, and ending on the date of enactment of the Roan Plateau Oil and Gas Leasing Improvement Act of 2008"; and

   Inserted: (B) by striking paragraph (2) and inserting the following:

   Inserted: "(2) Beginning on the date of enactment of the Roan Plateau Oil and Gas Leasing Improvement Act of 2008, any amounts received by the United States from a lease under this section (including amounts in the form of sales, bonuses, royalties (including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.)), and rentals) shall be deposited in the Treasury of the United States, for use in accordance with section 35 of the Mineral Leasing Act (30 U.S.C. 191).".

   Inserted: Subtitle H--Export of Refined Petroleum Products SEC. 271. EXPORT OF REFINED PETROLEUM PRODUCTS.

   Inserted: (a) In General.--The President shall report to Congress if net petroleum product exports to any country outside of North America exceed 1 percent of total United States consumption of refined petroleum products for any period of more than 7 days.

   Inserted: (b) Contents.--The report shall--

   Inserted: (1) describe the reasons for the exports; and

   Inserted: (2) state whether those petroleum products that were exported could otherwise have been consumed inside the United States.

   Inserted: TITLE III--OIL DEMAND

   Inserted: Subtitle A--Oil Savings SEC. 301. FINDINGS.

   Inserted: Congress finds that--

   Inserted: (1) the United States imports more oil from the Middle East today than before the attacks on the United States on September 11, 2001;

   Inserted: (2) the United States remains the most oil-dependent industrialized nation in the world, consuming approximately 25 percent of the oil supply of the world;

   Inserted: (3) the ongoing dependence of the United States on foreign oil is one of the greatest threats to the national security and economy of the United States; and

   Inserted: (4) the United States needs to take transformative steps to wean itself from its addiction to oil.

   Inserted: SEC. 302. POLICY ON REDUCING OIL DEPENDENCE.

   Inserted: It is the policy of the United States to reduce the dependence of the United States on oil, and thereby--

   Inserted: (1) alleviate the strategic dependence of the United States on oil-producing countries;

   Inserted: (2) reduce the economic vulnerability of the United States; and

   Inserted: (3) reduce the greenhouse gas emissions associated with oil use.

   Inserted: SEC. 303. OIL SAVINGS PLAN.

   Inserted: (a) Initial Oil Savings Target and Action Plan.--Not later than 270 days after the date of enactment of this Act, an interagency task force composed of the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, the Secretary of Agriculture, the Secretary of the Treasury, the Administrator of the Environmental Protection Agency, and the head of any other agency the President determines appropriate (referred to in this section as the "Interagency Task Force") shall publish in the Federal Register an action plan consisting of--

   Inserted: (1) a draft list of proposals for agency action that will be sufficient, when taken together, to save from the baseline determined under subsection (d)--

   Inserted: (A) 2,500,000 barrels of oil per day on average during calendar year 2016;

   Inserted: (B) 7,000,000 barrels of oil per day on average during calendar year 2026; and

   Inserted: (C) 10,000,000 barrels per day on average during calendar year 2030; and

   Inserted: (2) a Federal Government-wide analysis demonstrating--

   Inserted: (A) the expected oil savings from the baseline to be accomplished by--

   Inserted: (i) chapter 329 of title 49, United States Code (including regulations promulgated to carry out that chapter); and

   Inserted: (ii) section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) (including regulations promulgated to carry out section 211(o) of that Act); and

   Inserted: (B) that the proposals described in paragraph (1), taken together with expected oil savings described in subparagraph (A), will achieve the oil savings specified in this subsection.

   Inserted: (b) Review and Update of Action Plan.--

   Inserted: (1) Review.--Not later than January 1, 2011, and every 3 years thereafter, the Interagency Task Force shall submit to Congress, and publish, a report that--

   Inserted: (A) evaluates the progress achieved in implementing the oil savings targets established under subsection (a);

   Inserted: (B) analyzes the expected oil savings under the action plan established under that subsection; and

   Inserted: (C)(i) analyzes the potential to achieve oil savings that are in addition to the oil savings goals under that subsection; and

   Inserted: (ii) if the President determines that it is in the national interest, requires an analysis under that subsection for a higher oil savings goal for calendar year 2017 or any subsequent calendar year.

   Inserted: (2) Insufficient oil savings.--If the oil savings are less than the targets described in subsection (a), simultaneously with the report required under paragraph (1), the Interagency Task Force shall publish a revised action plan that is sufficient to achieve the targets.

   Inserted: (c) Public Comment and Final Proposals.--

   Inserted: (1) In general.--After a 30-day period for public comment on the publications under subsection (a) and (b), the Interagency Task Force shall, not later than 1 year after the date of enactment of this Act, issue a final list of proposals to meet the requirements of this section.

   Inserted: (2) Additional legislative authority.--The proposals shall include a request to Congress for any additional legislative authority necessary to implement the proposals.

   Inserted: (d) Baseline and Analysis Requirements.--In performing the analyses required for the action plan to achieve the oil savings described in subsection (a), the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the head of any other agency the President determines to be appropriate shall--

   Inserted: (1) determine oil savings as the projected reduction in oil consumption from the baseline established by the reference case contained in the report of the Energy Information Administration entitled "Annual Energy Outlook 2008";

   Inserted: (2) determine the oil savings projections required on an annual basis for each of calendar years 2009 through 2030; and

   Inserted: (3) account for any overlap among implementation actions to ensure that the projected oil savings from all the implementation actions, taken together, are as accurate as practicable.

   Inserted: (e) Relationship to Other Laws.--Nothing in this section affects the authority provided or responsibility delegated under any other law.

   Inserted: Subtitle B--Telework PART I--INCENTIVE PROGRAMS FOR REDUCING PETROLEUM CONSUMPTION SEC. 306. INCENTIVE PROGRAMS FOR REDUCING PETROLEUM CONSUMPTION.

   Inserted: Part J of title III of the Energy Policy and Conservation Act (42 U.S.C. 6374 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 400GG. INCENTIVE PROGRAMS FOR REDUCING PETROLEUM CONSUMPTION.

   Inserted: "(a) Federal Employee Incentive Programs for Reducing Petroleum Consumption.--

   Inserted: "(1) In general.--Each Federal agency shall actively promote incentive programs that encourage Federal employees and contractors to reduce petroleum usage through the use of practices such as--

   Inserted: "(A) telecommuting;

   Inserted: "(B) public transit;

   Inserted: "(C) carpooling; and

   Inserted: "(D) bicycling.

   Inserted: "(2) Monitoring and support for incentive programs.--The Administrator of General Services, the Director of the Office of Personnel Management, and the Secretary of Energy shall monitor and provide appropriate support to agency programs described in paragraph (1).

   Inserted: "(3) Recognition.--The Secretary may establish a program under which the Secretary recognizes private sector employers for outstanding programs to reduce petroleum usage through practices described in paragraph (1).

   Inserted: "(b) Grants to States and Local Governments for Incentive Programs for Reducing Petroleum Consumption.--

   Inserted: "(1) In general.--The Secretary shall make grants to States and local governments to pay the Federal share of the cost of carrying out incentive programs to reduce petroleum usage through the use of practices such as--

   Inserted: "(A) telecommuting;

   Inserted: "(B) public transit;

   Inserted: "(C) carpooling; and

   Inserted: "(D) bicycling.

   Inserted: "(2) Federal share.--Except as provided in paragraph (3)(B), the Federal share of the cost of carrying out an incentive program described in paragraph (1) shall be 50 percent.

   Inserted: "(3) Rural areas.--In the case of local governments that serve rural areas (as defined by the Secretary)--

   Inserted: "(A) the Secretary shall give priority to those local governments in making grants under this subsection; and

   Inserted: "(B) the Federal share of the cost of carrying out an incentive program described in paragraph (1) shall be 100 percent.

   Inserted: "(4) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2009 through 2015.".

   Inserted: PART II--TELEWORK ENHANCEMENT

   Inserted: SEC. 311. SHORT TITLE.

   Inserted: This part may be cited as the "Telework Enhancement Act of 2008".

   Inserted: SEC. 312. DEFINITIONS.

   Inserted: In this part:

   Inserted: (1) Employee.--The term "employee" has the meaning given that term by section 2105 of title 5, United States Code.

   Inserted: (2) Executive agency.--The term "executive agency" has the meaning given that term by section 105 of title 5, United States Code.

   Inserted: (3) Noncompliant.--The term "noncompliant" means not conforming to the requirements under this part.

   Inserted: (4) Telework.--The term "telework" means a work arrangement in which an employee regularly performs officially assigned duties at home or other worksites geographically convenient to the residence of the employee during at least 20 percent of each pay period that the employee is performing officially assigned duties.

   Inserted: SEC. 313. EXECUTIVE AGENCIES TELEWORK REQUIREMENT.

   Inserted: (a) Telework Eligibility.--Not later than 180 days after the date of enactment of this Act, the head of each executive agency shall--

   Inserted: (1) establish a policy under which eligible employees of the agency may be authorized to telework;

   Inserted: (2) determine the eligibility for all employees of the agency to participate in telework; and

   Inserted: (3) notify all employees of the agency of their eligibility to telework.

   Inserted: (b) Participation.--The policy described under subsection (a) shall--

   Inserted: (1) ensure that telework does not diminish employee performance or agency operations;

   Inserted: (2) require a written agreement between an agency manager and an employee authorized to telework in order for that employee to participate in telework;

   Inserted: (3) provide that an employee may not be authorized to telework if the performance of that employee does not comply with the terms of the written agreement between the agency manager and that employee;

   Inserted: (4) except in emergency situations as determined by an agency head, not apply to any employee of the agency whose official duties require daily physical presence for activity with equipment or handling of secure materials; and

   Inserted: (5) determine the use of telework as part of the continuity of operations plans the agency in the event of an emergency.

   Inserted: SEC. 314. TRAINING AND MONITORING.

   Inserted: The head of each executive agency shall ensure that--

   Inserted: (1) an interactive telework training program is provided to--

   Inserted: (A) employees eligible to participate in the telework program of the agency; and

   Inserted: (B) all managers of teleworkers;

   Inserted: (2) no distinction is made between teleworkers and nonteleworkers for the purposes of performance appraisals; and

   Inserted: (3) when determining what constitutes diminished employee performance, the agency shall consult the established performance management guidelines of the Office of Personnel Management.

   Inserted: SEC. 315. POLICY AND SUPPORT.

   Inserted: (a) Agency Consultation With the Office of Personnel Management.--Each executive agency shall consult with the Office of Personnel Management in developing telework policies.

   Inserted: (b) Guidance and Consultation.--The Office of Personnel Management shall--

   Inserted: (1) provide policy and policy guidance for telework in the areas of pay and leave, agency closure, performance management, official worksite, recruitment and retention, and accommodations for employees with disabilities; and

   Inserted: (2) consult with--

   Inserted: (A) the Federal Emergency Management Agency on policy and policy guidance for telework in the areas of continuation of operations and long-term emergencies; and

   Inserted: (B) the General Services Administration on policy and policy guidance for telework in the areas of telework centers, travel, technology, equipment, and dependent care.

   Inserted: (c) Continuity of Operations Plans.--During any period that an agency is operating under a continuity of operations plan, that plan shall supersede any telework policy.

   Inserted: (d) Telework Website.--The Office of Personnel Management shall--

   Inserted: (1) maintain a central telework website; and

   Inserted: (2) include on that website related--

   Inserted: (A) telework links;

   Inserted: (B) announcements;

   Inserted: (C) guidance developed by the Office of Personnel Management; and

   Inserted: (D) guidance submitted by the Federal Emergency Management Agency, and the General Services Administration to the Office of Personnel Management not later than 10 business days after the date of submission.

   Inserted: SEC. 316. TELEWORK MANAGING OFFICER.

   Inserted: (a) In General.--

   Inserted: (1) Appointment.--The head of each executive agency shall appoint an employee of the agency as the Telework Managing Officer. The Telework Managing Officer shall be established within the Office of the Chief Human Capital Officer or a comparable office with similar functions.

   Inserted: (2) Telework coordinators.--

   Inserted: (A) Appropriations act, 2004.--Section 627 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 99) is amended by striking "designate a 'Telework Coordinator' to be" and inserting "appoint a Telework Managing Officer to be".

   Inserted: (B) Appropriations act, 2005.--Section 622 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2919) is amended by striking "designate a 'Telework Coordinator' to be" and inserting "appoint a Telework Managing Officer to be".

   Inserted: (b) Duties.--The Telework Managing Officer shall--

   Inserted: (1) be devoted to policy development and implementation related to agency telework programs;

   Inserted: (2) serve as--

   Inserted: (A) an advisor for agency leadership, including the Chief Human Capital Officer;

   Inserted: (B) a resource for managers and employees; and

   Inserted: (C) a primary agency point of contact for the Office of Personnel Management on telework matters; and

   Inserted: (3) perform other duties as the applicable appointing authority may assign.

   Inserted: SEC. 317. ANNUAL REPORT TO CONGRESS.

   Inserted: (a) Submission of Reports.--Not later than 18 months after the date of enactment of this Act and on an annual basis thereafter, the Director of the Office of Personnel Management shall--

   Inserted: (1) submit a report addressing the telework programs of each executive agency to--

   Inserted: (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and

   Inserted: (B) the Committee on Oversight and Government Reform of the House of Representatives; and

   Inserted: (2) transmit a copy of the report to the Comptroller General and the Office of Management and Budget.

   Inserted: (b) Contents.--Each report submitted under this section shall include--

   Inserted: (1) the telework policy, the measures in place to carry out the policy, and an analysis of employee telework participation during the preceding 12-month period provided by each executive agency;

   Inserted: (2) an assessment of the progress of each agency in maximizing telework opportunities for employees of that agency without diminishing employee performance or agency operations;

   Inserted: (3) the definition of telework and telework policies and any modifications to such definitions;

   Inserted: (4) the degree of participation by employees of each agency in teleworking during the period covered by the evaluation, including--

   Inserted: (A) the number and percent of the employees in the agency who are eligible to telework;

   Inserted: (B) the number and percent of employees who engage in telework;

   Inserted: (C) the number and percent of eligible employees in each agency who have declined the opportunity to telework; and

   Inserted: (D) the number of employees who were not authorized, willing, or able to telework and the reason;

   Inserted: (5) the extent to which barriers to maximize telework opportunities have been identified and eliminated; and

   Inserted: (6) best practices in agency telework programs.

   Inserted: SEC. 318. COMPLIANCE OF EXECUTIVE AGENCIES.

   Inserted: (a) Executive Agencies.--An executive agency shall be in compliance with this part if each employee of that agency participating in telework regularly performs officially assigned duties at home or other worksites geographically convenient to the residence of the employee during at least 20 percent of each pay period that the employee is performing officially assigned duties.

   Inserted: (b) Agency Manager Reports.--Not later than 180 days after the establishment of a policy described under section 313, and annually thereafter, each agency manager shall submit a report to the Chief Human Capital Officer and Telework Managing Officer of that agency that contains a summary of--

   Inserted: (1) efforts to promote telework opportunities for employees supervised by that manager; and

   Inserted: (2) any obstacles which hinder the ability of that manager to promote telework opportunities.

   Inserted: (c) Chief Human Capital Officer Reports.--

   Inserted: (1) In general.--Each year the Chief Human Capital Officer of each agency, in consultation with the Telework Managing Officer of that agency, shall submit a report to the Chair and Vice Chair of the Chief Human Capital Offices Council on agency management efforts to promote telework.

   Inserted: (2) Review and inclusion of relevant information.--The Chair and Vice Chair of the Chief Human Capital Offices Council shall--

   Inserted: (A) review the reports submitted under paragraph (1);

   Inserted: (B) include relevant information from the submitted reports in the annual report to Congress required under section 317(b)(2); and

   Inserted: (C) use that relevant information for other purposes related to the strategic management of human capital.

   Inserted: (d) Compliance Reports.--Not later than 90 days after the date of submission of each report under section 317, the Office of Management and Budget shall submit a report to Congress that--

   Inserted: (1) identifies and recommends corrective actions and time frames for each executive agency that the Office of Management and Budget determines is noncompliant; and

   Inserted: (2) describes progress of noncompliant executive agencies, justifications of any continuing noncompliance, and any recommendations for corrective actions planned by the Office of Management and Budget or the executive agency to eliminate noncompliance.

   Inserted: SEC. 319. EXTENSION OF TRAVEL EXPENSES TEST PROGRAMS.

   Inserted: (a) In General.--Section 5710 of title 5, United States Code, is amended--

   Inserted: (1) in subsection (a)(1), by striking "for a period not to exceed 24 months"; and

   Inserted: (2) in subsection (e), by striking "7 years" and inserting "16 years".

   Inserted: (b) Effective Date.--The amendments made by this section shall take effect as though enacted as part of the Travel and Transportation Reform Act of 1998 (Public Law 105-264; 112 Stat. 2350).

   Inserted: Subtitle C--Public Transportation SEC. 331. ENERGY EFFICIENT TRANSIT GRANT PROGRAM.

   Inserted: (a) Establishment of Program.--The Secretary of Transportation shall establish a program for making grants to public transportation agencies to assist in reducing energy consumption or greenhouse gas emissions of their public transportation systems.

   Inserted: (b) Eligible Uses of Funds.--A recipient of a grant under subsection (a) shall use the grant funds for one or more of the following:

   Inserted: (1) Improvements that reduce energy consumption or greenhouse gas emissions to lighting, heating, cooling, or ventilation systems in public transportation stations and other facilities for which grants authorized by sections 5307, 5309, and 5311 of title 49, United States Code, may be expended.

   Inserted: (2) Adjustments to signal timing or other vehicle controlling systems, including computer controlled systems, that reduce energy consumption or greenhouse gas emissions.

   Inserted: (3) Purchasing or retrofitting rolling stock to improve energy efficiency or reduce greenhouse gas emissions.

   Inserted: (4) Improvements to energy distribution systems.

   Inserted: (c) Distribution of Funds.--In determining the recipients of grants under this section, the Secretary of Transportation shall--

   Inserted: (1) consult with other Federal agencies, including the Department of Energy, as appropriate; and

   Inserted: (2) evaluate applications based on--

   Inserted: (A) the total energy savings that are projected to result from the project; and

   Inserted: (B) the projected energy savings as a percentage of the transit agency's total energy usage.

   Inserted: (d) Government's Share of Costs.--The Government's share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity.

   Inserted: (e) Terms and Conditions.--Except as otherwise specifically provided in this section, a grant provided under this section shall be subject to the terms and conditions applicable to a grant made under section 5307 of title 49, United States Code.

   Inserted: (f) Annual Reports.--On March 1, 2009, and 2010, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report listing the recipients of grants under this section, the purposes for which grant funds were awarded, and any grant applicants who did not receive funding.

   Inserted: (g) Limitation on Use of Available Amounts.--The Secretary may use not more than 0.5 percent of the amount made available for a fiscal year under subsection (h) to provide technical assistance and administer the grants authorized under this section.

   Inserted: (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation to make grants under this section $200,000,000 for each of fiscal years 2009 through 2011. Sums appropriated to carry out this section shall remain available until expended.

   Inserted: SEC. 332. TRANSIT-ORIENTED DEVELOPMENT CORRIDORS GRANT PROGRAM.

   Inserted: (a) Establishment of Program.--The Secretary of Transportation shall establish a program for making grants to public transportation agencies, metropolitan planning organizations, and other State or local government authorities to support planning and design of Transit-Oriented Development Corridors.

   Inserted: (b) Definitions.--In this section, the following definitions apply:

   Inserted: (1) Transit-oriented development corridor.--The term "Transit-Oriented Development Corridor" means a geographic area, including rights-of-way for fixed guideway public transportation facilities, within \1/2\ mile radius of a fixed guideway transit station or stop.

   Inserted: (2) Other terms.--The terms "fixed guideway", "local governmental authority", "public transportation", "Secretary", and "State" have the meanings given such terms in section 5302 of title 49, United States Code.

   Inserted: (c) Eligible Uses of Funds.--A recipient of a grant under subsection (a) shall use the grant funds for planning or designing Transit-Oriented Development Corridors.

   Inserted: (d) Distribution of Funds.--In determining the recipients of grants under this section, the Secretary shall evaluate applications based on the following considerations:

   Inserted: (1) The justification for the project, including the extent to which the project would reduce energy consumption or greenhouse gas emissions, including by increasing transit ridership and by increasing non-motorized trips to access the transit station or facility.

   Inserted: (2) The location of the project, to ensure that selected projects are geographically diverse nationwide and include both urban and suburban areas.

   Inserted: (3) The extent to which project development is being coordinated with all relevant participants, including real-estate, retail, housing, commercial and economic development, and non-profit participants.

   Inserted: (4) The extent to which the project includes mixed-use development within the designated geographic area.

   Inserted: (5) The extent to which the project is being coordinated with relevant housing, economic development, land use, and transportation plans.

   Inserted: (e) Government's Share of Costs.--The Government's share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity, except for an activity undertaken by a grant recipient who has not previously engaged in the planning or design of a corridor which would meet the definition of a Transit-Oriented Development Corridor under this section.

   Inserted: (f) Terms and Conditions.--Except as otherwise specifically provided in this section, a grant provided under this section for planning shall be subject to the terms and conditions applicable to a grant made under section 5303 of title 49, United States Code. Except as otherwise specifically provided in this section, a grant provided under this section for design shall be subject to the terms and conditions applicable to a grant for design made under section 5309 of title 49, United States Code.

   Inserted: (g) Annual Reports.--On June 1, 2009, and 2010, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report listing the recipients of grants under this section, the Federal share provided, the purposes for which grant funds were awarded, and any grant applicants who did not receive funding.

   Inserted: (h) Limitation on Use of Available Amounts.--The Secretary may use not more than 0.5 percent of the amount made available for a fiscal year under subsection (i) to provide technical assistance and administer the grants authorized under this section.

   Inserted: (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation to make grants under this section $200,000,000 for each of fiscal years 2009 through 2011. Sums appropriated to carry out this section shall remain available until expended.

   Inserted: SEC. 333. ENHANCED TRANSIT OPTIONS.

   Inserted: (a) Authorization.--The Secretary of Transportation is authorized to make transit enhancement grants under this section to public transportation agencies.

   Inserted: (b) Eligible Recipients.--Grants authorized under subsection (a) may be awarded--

   Inserted: (1) to public transportation agencies which have a full funding grant agreement in force on the date of enactment of this Act with Federal payments scheduled in any year beginning with fiscal year 2008, for activities authorized under the full funding grant agreement that would expedite construction of the project; and

   Inserted: (2) to designated recipients as defined in section 5307 of title 49, United States Code, for immediate use to--

   Inserted: (A) address an already-identified backlog of maintenance needs;

   Inserted: (B) purchase additional rolling stock or buses, if the contracts for such purchases are in place prior to the grant award; and

   Inserted: (C) continue or expand service to accommodate ridership increases.

   Inserted: (c) Appropriation of Funds.--There are appropriated, out of funds in the Treasury not otherwise appropriated, to the Secretary of Transportation to make grants under this section--

   Inserted: (1) $300,000,000 for grants to recipients described in subsection (b)(1); and

   Inserted: (2) $1,000,000,000 for grants to recipients described in subsection (b)(2).

   Inserted: (d) Distribution of Funds.--

   Inserted: (1) Expedited new starts grants.--Funds authorized under subsection (c)(1) shall be distributed among eligible recipients so that each recipient receives an equal percentage increase based on the Federal funding commitment for fiscal year 2008 specified in Attachment 6 of the recipient's full funding grant agreement.

   Inserted: (2) Formula grants.--Of funds authorized under subsection (c)(2)--

   Inserted: (A) 60 percent shall be distributed according to the formula in subsections (a) through (c) of section 5336 of title 49, United States Code; and

   Inserted: (B) 40 percent shall be distributed according to the formula in section 5340 of title 49, United States Code.

   Inserted: (3) Determination.--The Secretary of Transportation shall determine the allocation of the amounts authorized among recipients described in subsection (b) no later than 20 days after the date of enactment of this Act.

   Inserted: (e) Pre-Award Spending Authority.--

   Inserted: (1) In general.--A recipient of a grant under this section shall have pre-award spending authority.

   Inserted: (2) Requirements.--If pre-award spending authority is used, the expenditures shall conform with applicable Federal requirements in order to remain eligible for future Federal reimbursement.

   Inserted: (f) Federal Share.--The Federal share of grants authorized under this section shall be 100 percent.

   Inserted: (g) Self-Certification.--

   Inserted: (1) In general.--Prior to obligation of grant funds, the recipient of the grant award shall certify--

   Inserted: (A) for recipients under subsection (b)(1), that it will comply with the terms and conditions that apply to grants under section 5309 of title 49, United States Code;

   Inserted: (B) for recipients under subsection (b)(2), that it will comply with the terms and conditions that apply to grants under section 5307 of title 49, United States Code; and

   Inserted: (C) that the funds will be used in a manner that will stimulate the economy.

   Inserted: (2) Inclusion.--Required certifications under this subsection may be made as part of the certification required under section 5307(d)(1) of title 49, United States Code.

   Inserted: (3) Penalty.--If, upon audit, the Secretary of Transportation finds that the recipient has not complied with applicable requirements under this section and has not made a good-faith effort to comply, the Secretary may withhold not more than 25 percent of the amount required to be appropriated for that recipient under section 5307 of title 49, United States Code, for the following fiscal year.

   Inserted: Subtitle D--Fuel Consumption Indicator Devices SEC. 336. ONBOARD FUEL ECONOMY INDICATORS AND DEVICES.

   Inserted: (a) In General.--Chapter 329 of title 49, United States Code, is amended by adding at the end the following:

   Inserted: "Sec. 32920. Fuel economy indicators and devices

   Inserted: "(a) In General.--The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall prescribe a fuel economy standard for passenger automobiles and non-passenger automobiles manufactured by a manufacturer in model year 2012, and in each model year after 2012, that requires each such automobile to be equipped with--

   Inserted: "(1) an onboard electronic instrument that provides real-time and cumulative fuel economy data;

   Inserted: "(2) an onboard electronic instrument that signals a driver when inadequate tire pressure may be affecting fuel economy; and

   Inserted: "(3) a device that will allow drivers to place the automobile in a mode that will automatically produce greater fuel economy.

   Inserted: "(b) Exception.--Subsection (a) shall not apply to any vehicle that is not subject to an average fuel economy standard under section 32902(b).

   Inserted: "(c) Enforcement.--Subchapter IV of chapter 301 of this title shall apply to a fuel economy standard prescribed under subsection (a) to the same extent and in the same manner as if that standard were a motor vehicle safety standard under chapter 301.".

   Inserted: (b) Conforming Amendment.--The chapter analysis for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32919 the following:

   Inserted: "32920. Fuel economy indicators and devices.".

   Inserted: Subtitle E--Vehicle-to-Grid Demonstration Program SEC. 341. VEHICLE-TO-GRID DEMONSTRATION PROGRAM.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Secretary.--The term "Secretary" means the Secretary of Energy.

   Inserted: (2) V2G program.--The term "V2G program" means the vehicle-to-grid demonstration program established under subsection (b).

   Inserted: (b) Program.--The Secretary shall establish and carry out a vehicle-to-grid demonstration program--

   Inserted: (1) to demonstrate ways in which electricity may be transmitted between plug-in hybrid electric vehicles and an electricity distribution system;

   Inserted: (2) to collect real-world data on that transmission;

   Inserted: (3) to develop a better understanding of the benefits of vehicle-to-grid technologies;

   Inserted: (4) to facilitate future adoption of vehicle-to-grid systems; and

   Inserted: (5) to demonstrate optimal integration of advanced vehicle technologies with a renewable energy-based electricity distribution system.

   Inserted: (c) Requirements.--The V2G program shall address the challenges to achieving integration of advanced vehicle technologies with the electricity distribution system, including challenges relating to--

   Inserted: (1) charging infrastructure;

   Inserted: (2) accurate and discrete measurement of energy delivered;

   Inserted: (3) communication protocol standards;

   Inserted: (4) power flow control;

   Inserted: (5) smart metering technology; and

   Inserted: (6) the impact on the grid from integration of various renewable energy generation loads ranging from 10 to 25 percent renewable power.

   Inserted: (d) Cooperation.--The Secretary shall carry out the V2G program through consortia of individuals and entities such as--

   Inserted: (1) energy storage system manufacturers and associated suppliers;

   Inserted: (2) electric drive vehicle manufacturers;

   Inserted: (3) rural electric cooperatives;

   Inserted: (4) investor-owned utilities;

   Inserted: (5) municipal and rural electric utilities;

   Inserted: (6) State and local governments;

   Inserted: (7) metropolitan transportation authorities; and

   Inserted: (8) institutions of higher education.

   Inserted: (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.

   Inserted: Subtitle F--Advanced Technology Vehicles Manufacturing Incentive Program SEC. 346. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.

   Inserted: Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended--

   Inserted: (1) in subsection (d)(1), by striking "and subject to the availability of appropriated funds,"; and

   Inserted: (2) by striking subsection (i) and inserting the following:

   Inserted: "(i) Funding.--

   Inserted: "(1) In general.--There are authorized to be appropriated such sums as are necessary to carry out this section (other than subsection (d)) for each of fiscal years 2008 through 2013.

   Inserted: "(2) Direct loan program.--

   Inserted: "(A) In general.--Notwithstanding any other provision of law, on October 1, 2008, and on each October 1 thereafter through October 1, 2012, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for the cost of loans to carry out subsection (d) $200,000,000, to remain available until expended.

   Inserted: "(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out subsection (d) the funds transferred under subparagraph (A), without further appropriation.".

   Inserted: Subtitle G--Advanced Batteries SEC. 351. DEFINITION OF ADVANCED BATTERY.

   Inserted: In this subtitle, the term "advanced battery" means an electrical storage device that is suitable for a vehicle application.

   Inserted: SEC. 352. ADVANCED BATTERY RESEARCH AND DEVELOPMENT.

   Inserted: (a) In General.--The Secretary of Energy shall--

   Inserted: (1) expand and accelerate research and development efforts for advanced batteries; and

   Inserted: (2) emphasize lower cost means of producing abuse-tolerant advanced batteries with the appropriate balance of power and energy capacity to meet market requirements.

   Inserted: (b) Authorization of Appropriations.--Section 641(p) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)) is amended--

   Inserted: (1) in paragraph (1), by striking "$50,000,000" and inserting "$100,000,000";

   Inserted: (2) in paragraph (2), by striking "$80,000,000" and inserting "$160,000,000";

   Inserted: (3) in paragraph (3), by striking "$100,000,000" and inserting "$200,000,000";

   Inserted: (4) in paragraph (4), by striking "$30,000,000" and inserting "$60,000,000"; and

   Inserted: (5) in paragraph (5), by striking "$30,000,000" and inserting "$60,000,000".

   Inserted: SEC. 353. ADVANCED BATTERY MANUFACTURING AND TECHNOLOGY ROADMAP.

   Inserted: (a) Roadmap Required.--The Director of the Office of Science and Technology Policy shall (in coordination with the Secretary of Energy, the Secretary of Defense, the Secretary of Commerce, and heads of other appropriate Federal agencies) develop a multiyear roadmap to develop advanced battery technologies and sustain domestic advanced battery manufacturing capabilities and an assured supply chain necessary to ensure that the United States has assured access to advanced battery technologies to support current and emerging energy security and defense needs.

   Inserted: (b) Elements.--The roadmap required by subsection (a) shall include--

   Inserted: (1) an identification of current and future capability gaps, performance enhancements, cost savings goals, and assured technology access goals that require advances in battery technology and manufacturing capabilities;

   Inserted: (2) specific research, technology, and manufacturing goals and milestones, and timelines and estimates of funding necessary for achieving the goals and milestones;

   Inserted: (3) specific mechanisms for coordinating the activities of Federal agencies, State and local governments, coalition partners, private industry, and academia covered by the roadmap; and

   Inserted: (4) such other matters as are considered to be appropriate for purposes of the roadmap.

   Inserted: (c) Coordination.--

   Inserted: (1) In general.--The roadmap required by subsection (a) shall be developed in coordination with--

   Inserted: (A) all appropriate agencies and organizations within the Department of Defense;

   Inserted: (B) other appropriate Federal agencies;

   Inserted: (C) Federal, State, and local governmental organizations; and

   Inserted: (D) representatives of private industry and academia.

   Inserted: (2) Office of science and technology policy.--The Director of the Office of Science and Technology Policy shall ensure that appropriate elements and organizations of the Office of Science and Technology Policy provide such information and other support as are required for the development of the roadmap.

   Inserted: (d) Submission to Congress.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall submit to the appropriate committees of Congress the roadmap required by subsection (a).

   Inserted: SEC. 354. SENSE OF SENATE ON PURCHASE OF PLUG-IN ELECTRIC DRIVE VEHICLES.

   Inserted: It is the sense of the Senate that, to the maximum extent practicable, the Federal Government should implement policies to increase the purchase of plug-in electric drive vehicles by the Federal Government.

   Inserted: Subtitle H--National Energy-Efficient Driver Education Program SEC. 361. NATIONAL ENERGY-EFFICIENT DRIVER EDUCATION PROGRAM.

   Inserted: Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall develop and actively promote educational materials providing information that can be incorporated into driver education programs regarding driving and vehicle maintenance practices that optimize vehicle fuel economy.

   Inserted: Subtitle I--Oil and Gas Reserves Reporting Requirements SEC. 366. OIL AND GAS RESERVES REPORTING REQUIREMENTS.

   Inserted: It is the sense of the Senate that the Securities and Exchange Commission should accelerate the rulemaking process being undertaken to modernize and increase transparency in oil and gas reserves reporting requirements.

   Inserted: Subtitle J--Tire Efficiency Consumer Information SEC. 371. CONSUMER TIRE INFORMATION.

   Inserted: Section 32304A(a)(1) of title 49, United States Code, is amended by striking "24 months" and inserting "15 months".

   Inserted: Subtitle K--Petroleum Use Reduction Technology Deployment SEC. 376. PETROLEUM USE REDUCTION TECHNOLOGY DEPLOYMENT GRANTS.

   Inserted: (a) In General.--The Secretary of Energy shall establish a competitive grant program, to be administered through the Vehicle Technology Deployment Program of the Department of Energy, to provide grants to local Clean Cities coalitions and stakeholders, industry partners, fuel providers, and end users to promote the adoption and use of petroleum use reduction technologies and practices.

   Inserted: (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2009 through 2013.

   Inserted: Subtitle L--Energy Efficient Building Codes SEC. 381. ENERGY EFFICIENT BUILDING CODES.

   Inserted: (a) Updating National Model Building Energy Codes and Standards.--

   Inserted: (1) Updating.--

   Inserted: (A) In general.--The Secretary of Energy (referred to in this section as the "Secretary") shall facilitate the updating of national model building energy codes and standards at least every 3 years to achieve overall energy savings, compared to the 2006 International Energy Conservation Code (referred to in this section as the "IECC") for residential buildings and ASHRAE/IES Standard 90.1 (2004) for commercial buildings, of at least--

   Inserted: (i) 30 percent by 2015; and

   Inserted: (ii) 50 percent by 2022.

   Inserted: (B) Modification of goal.--If the Secretary determines that the goal referred to in subparagraph (A)(ii) cannot be achieved using existing technology, or would not be lifecycle cost effective, the Secretary shall establish, after providing notice and an opportunity for public comment, a revised goal that ensures the maximum level of energy efficiency that is technologically feasible and lifecycle cost effective.

   Inserted: (2) Revision of codes and standards.--

   Inserted: (A) In general.--If the IECC or ASHRAE/IES Standard 90.1 regarding building energy use is revised, not later than 1 year after the date of the revision, the Secretary shall determine whether the revision will--

   Inserted: (i) improve energy efficiency in buildings; and

   Inserted: (ii) meets the targets established under paragraph (1).

   Inserted: (B) Revision by secretary.--

   Inserted: (i) In general.--If the Secretary makes a determination under subparagraph (A)(ii) that a code or standard does not meet the targets established under paragraph (1), or if a national model code or standard is not updated for more than 3 years, not later than 2 years after the determination or the expiration of the 3-year period, the Secretary shall amend the IECC or ASHRAE/IES Standard 90.1 (as in effect on the date on which the determination is made) to establish a modified code or standard that meets the targets established under paragraph (1).

   Inserted: (ii) Baseline.--The modified code or standard shall serve as the baseline for the next determination under subparagraph (A)(i).

   Inserted: (C) Notice and comment.--The Secretary shall--

   Inserted: (i) publish in the Federal Register notice of targets, determinations, and modified codes and standards under this subsection; and

   Inserted: (ii) provide the opportunity for public comment on targets, determinations, and modified codes and standards under this subsection.

   Inserted: (b) State Certification of Building Energy Code Updates.--

   Inserted: (1) State certification.--

   Inserted: (A) In general.--Not later than 2 years after the date of enactment of this Act, each State shall certify to the Secretary that the State has reviewed and updated the residential and commercial building code of the State regarding energy efficiency.

   Inserted: (B) Energy savings.--The certification shall include a demonstration that the code of the State--

   Inserted: (i) meets or exceeds the 2006 IECC for residential buildings and the ASHRAE/IES Standard 90.1-2004 for commercial buildings; or

   Inserted: (ii) achieves equivalent or greater energy savings.

   Inserted: (2) Revision of codes and standards.--

   Inserted: (A) In general.--If the Secretary makes an affirmative determination under subsection (a)(2)(A)(i) or establishes a modified code or standard under subsection (a)(2)(B), not later than 2 years after the determination or proposal, each State shall certify that the State has reviewed and updated the building code of the State regarding energy efficiency.

   Inserted: (B) Energy savings.--The certification shall include a demonstration that the code of the State--

   Inserted: (i) meets or exceeds the revised code or standard; or

   Inserted: (ii) achieves equivalent or greater energy savings.

   Inserted: (C) Review and updating by states.--If the Secretary fails to make a determination under subsection (a)(2)(A)(i) by the date specified in subsection (a)(2) or makes a negative determination under subsection (a)(2)(A), not later 3 years after the specified date or the date of the determination, each State shall certify that the State has--

   Inserted: (i) reviewed the revised code or standard; and

   Inserted: (ii) updated the building code of the State regarding energy efficiency to--

   Inserted: (I) meet or exceed any provisions found to improve energy efficiency in buildings; or

   Inserted: (II) achieve equivalent or greater energy savings in other ways.

   Inserted: (c) State Certification of Compliance With Building Codes.--

   Inserted: (1) In general.--Not later than 3 years after a certification of a State under subsection (b), the State shall certify that the State has achieved compliance with the certified building energy code.

   Inserted: (2) Rate of compliance.--The certification shall include documentation of the rate of compliance based on independent inspections of a random sample of the new and renovated buildings covered by the code during the preceding year.

   Inserted: (3) Compliance.--A State shall be considered to achieve compliance with the certified building energy code under paragraph (1) if--

   Inserted: (A) at least 90 percent of new and renovated buildings covered by the code during the preceding year substantially meet all the requirements of the code; or

   Inserted: (B) the estimated excess energy use of new and renovated buildings that did not meet the code during the preceding year, compared to a baseline of comparable buildings that meet the code, is not more than 10 percent of the estimated energy use of all new and renovated buildings covered by the code during the preceding year.

   Inserted: (d) Failure To Meet Deadlines.--

   Inserted: (1) Reports.--A State that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on--

   Inserted: (A) the status of the State with respect to completing and submitting the certification; and

   Inserted: (B) a plan of the State for completing and submitting the certification.

   Inserted: (2) Extensions.--The Secretary shall permit an extension of an applicable deadline for a certification requirement under subsection (b) or (c) for not more than 1 year if a State demonstrates in the report of the State under paragraph (1) that the State has made--

   Inserted: (A) a good faith effort to comply with the requirements; and

   Inserted: (B) significant progress in complying with the requirements, including by developing and implementing a plan to achieve that compliance.

   Inserted: (3) Noncompliance by state.--Any State for which the Secretary has not accepted a certification by a deadline established under subsection (b) or (c), with any extension granted under paragraph (2), shall be considered not in compliance with this section.

   Inserted: (4) Compliance by local governments.--In any State that is not in compliance with this section, a local government of the State may comply with this section by meeting the certification requirements under subsections (b) and (c).

   Inserted: (5) Annual compliance reports.--

   Inserted: (A) In general.--The Secretary shall annually submit to Congress a report that contains, and publish in the Federal Register, a list of--

   Inserted: (i) each State (including local governments in a State, as applicable) that is in compliance with the requirements of this section; and

   Inserted: (ii) each State that is not in compliance with those requirements.

   Inserted: (B) Inclusion.--For each State included on a list described in subparagraph (A)(ii), the Secretary shall include an estimate of--

   Inserted: (i) the increased energy use by buildings in that State due to the failure of the State to comply with this section; and

   Inserted: (ii) the resulting increase in energy costs to individuals and businesses.

   Inserted: (e) Technical Assistance.--

   Inserted: (1) In general.--The Secretary shall provide technical assistance (including building energy analysis and design tools, building demonstrations, and design assistance and training) to enable the national model building energy codes and standards to meet the targets established under subsection (a)(1).

   Inserted: (2) Assistance to states.--The Secretary shall provide technical assistance to States to--

   Inserted: (A) implement this section, including procedures for States to demonstrate that the codes of the States achieve equivalent or greater energy savings than the national model codes and standards;

   Inserted: (B) improve and implement State residential and commercial building energy efficiency codes; and

   Inserted: (C) otherwise promote the design and construction of energy efficient buildings.

   Inserted: (f) Availability of Incentive Funding.--

   Inserted: (1) In general.--The Secretary shall provide incentive funding to States to--

   Inserted: (A) implement this section; and

   Inserted: (B) improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with the codes.

   Inserted: (2) Factors.--In determining whether, and in what amount, to provide incentive funding under this subsection, the Secretary shall consider the actions proposed by the State to--

   Inserted: (A) implement this section;

   Inserted: (B) improve and implement residential and commercial building energy efficiency codes; and

   Inserted: (C) promote building energy efficiency through the use of the codes.

   Inserted: (3) Additional funding.--The Secretary shall provide additional funding under this subsection for implementation of a plan to achieve and document at least a 90 percent rate of compliance with residential and commercial building energy efficiency codes, based on energy performance--

   Inserted: (A) to a State that has adopted and is implementing, on a statewide basis--

   Inserted: (i) a residential building energy efficiency code that meets or exceeds the requirements of the 2006 IECC, or any succeeding version of that code that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); and

   Inserted: (ii) a commercial building energy efficiency code that meets or exceeds the requirements of the ASHRAE/IES Standard 90.1-2004, or any succeeding version of that standard that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); or

   Inserted: (B) in a State in which there is no statewide energy code either for residential buildings or for commercial buildings, to a local government that has adopted and is implementing residential and commercial building energy efficiency codes, as described in subparagraph (A).

   Inserted: (4) Training.--Of the amounts made available under this subsection, the Secretary may use to train State and local officials to implement codes described in paragraph (3) at least $500,000 for each fiscal year.

   Inserted: (5) Authorization of appropriations.--

   Inserted: (A) In general.--There are authorized to be appropriated to carry out this subsection--

   Inserted: (i) $25,000,000 for each of fiscal years 2006 through 2010; and

   Inserted: (ii) such sums as are necessary for fiscal year 2011 and each fiscal year thereafter.

   Inserted: (B) Limitation.--Funding provided to States under paragraph (3) for each fiscal year shall not exceed \1/2\ of the excess of funding under this subsection over $5,000,000 for the fiscal year.

   Inserted: (g) Technical Correction.--Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended by adding at the end the following:

   Inserted: "(17) IECC.--The term 'IECC' means the International Energy Conservation Code.".

   Inserted: Subtitle M--Renewable Energy Pilot Project Offices SEC. 386. PILOT PROJECT OFFICE TO IMPROVE FEDERAL PERMIT COORDINATION FOR RENEWABLE ENERGY.

   Inserted: (a) In General.--Section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924) is amended by adding at the end the following:

   Inserted: "(k) Pilot Project Office To Improve Federal Permit Coordination for Renewable Energy.--

   Inserted: "(1) Definition of renewable energy.--In this subsection, the term 'renewable energy' means energy derived from a wind or solar source.

   Inserted: "(2) Field offices.--As part of the Pilot Project, the Secretary shall designate 1 field office of the Bureau of Land Management in each of the following States to serve as Renewable Energy Pilot Project Offices for coordination of Federal permits for renewable energy projects on Federal land:

   Inserted: "(A) Arizona.

   Inserted: "(B) California.

   Inserted: "(C) New Mexico.

   Inserted: "(D) Nevada.

   Inserted: "(E) Montana.

   Inserted: "(3) Memorandum of understanding.--

   Inserted: "(A) In general.--Not later than 90 days after the date of enactment of this subsection, the Secretary shall enter into an amended memorandum of understanding under subsection (b) to provide for the inclusion of the additional Renewable Energy Pilot Project Offices in the Pilot Project.

   Inserted: "(B) Signatures by governors.--The Secretary may request that the Governors of each of the States described in paragraph (2) be signatories to the amended memorandum of understanding.

   Inserted: "(4) Designation of qualified staff.--Not later than 30 days after the date of the signing of the amended memorandum of understanding, all Federal signatory parties shall, if appropriate, assign to each Renewable Energy Pilot Project Offices designated under paragraph (2) an employee described in subsection (c) to carry out duties described in that subsection.

   Inserted: "(5) Additional personnel.--The Secretary shall assign to each Renewable Energy Pilot Project Office additional personnel under subsection (f).".

   Inserted: (b) Permit Processing Improvement Fund.--Section 35(c)(3) of the Mineral Leasing Act (30 U.S.C. 191(c)(3)) is amended--

   Inserted: (1) by striking "use authorizations" and inserting "and renewable energy use authorizations"; and

   Inserted: (2) by striking "section 365(d)" and inserting "subsections (d) and (k)(2) of section 365".

   Inserted: TITLE IV--ROYALTY MANAGEMENT REFORMS

   Inserted: Subtitle A--Repeal of Deep Water Royalty Relief SEC. 401. REPEAL OF DEEP WATER ROYALTY RELIEF.

   Inserted: Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed.

   Inserted: Subtitle B--Royalty Reforms SEC. 411. DEFINITIONS.

   Inserted: Section 3 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702) is amended--

   Inserted: (1) in paragraph (20)--

   Inserted: (A) in subparagraph (A), by striking ": Provided, That" and all that follows through "subject of the judicial proceeding"; and

   Inserted: (B) in subparagraph (B), by striking "(with written notice to the lessee who designated the designee)";

   Inserted: (2) in paragraph (23)(A), by striking "(with written notice to the lessee who designated the designee)" ;

   Inserted: (3) by striking paragraph (24) and inserting the following:

   Inserted: "(24) 'designee' means any person who pays, offsets, or credits monies, makes adjustments, requests and receives refunds, or submits reports with respect to payments a lessee is required to make pursuant to section 102(a);";

   Inserted: (4) in paragraph (25)(B), by striking "(subject to the provisions of section 102(a) of this Act)"; and

   Inserted: (5) in paragraph (26), by striking "(with notice to the lessee who designated the designee)".

   Inserted: SEC. 412. LIABILITY FOR ROYALTY PAYMENTS.

   Inserted: Section 102 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1712) is amended by striking subsection (a) and inserting the following:

   Inserted: "(a) Liability for Royalty Payments.--

   Inserted: "(1) In general.--To increase receipts and achieve effective collections of royalty and other payments, a lessee who is required to make any royalty or other payment under a lease or under the mineral leasing laws, shall make the payments in the time and manner as may be specified by the Secretary or the applicable delegated State.

   Inserted: "(2) Status as designee.--Any person who pays, offsets, or credits funds, makes adjustments, requests and receives refunds, or submits reports with respect to payments the lessee is required to make shall be considered the designee of the lessee under this Act.

   Inserted: "(3) Liability of designee.--Notwithstanding any other provision of this Act, a designee shall be liable for any payment obligation of any lessee on whose behalf the designee pays royalty under the lease.

   Inserted: "(4) Owners of operating rights and title.--The person owning operating rights in a lease and a person owning legal record title in a lease shall be liable for the pro rata share of the person of payment obligations under the lease.".

   Inserted: SEC. 413. INTEREST.

   Inserted: (a) Estimated Payments; Interest on Amount of Underpayment.--Section 111(j) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1721(j)) is amended by striking "If the estimated payment exceeds the actual royalties due, interest is owed on the overpayment.".

   Inserted: (b) Overpayments.--Section 111 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1721) is amended--

   Inserted: (1) by striking subsections (h) and (i); and

   Inserted: (2) by redesignating subsections (j), (k), and (l) as subsections (h), (i), and (j), respectively.

   Inserted: (c) Effective Date.--The amendments made by this section take effect on the date that is 1 year after the date of enactment of this Act.

   Inserted: SEC. 414. OBLIGATION PERIOD.

   Inserted: Section 115(c) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1724(c)) is amended by adding at the end the following:

   Inserted: "(3) Adjustments.--In the case of an adjustment under section 111A(a) in which a recoupment by the lessee results in an underpayment of an obligation, for purposes of this Act, the obligation shall become due on the date the lessee or a designee of the lessee makes the adjustment.".

   Inserted: SEC. 415. TOLLING AGREEMENTS AND SUBPOENAS.

   Inserted: (a) Tolling Agreements.--Section 115(d)(1) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1724(d)(1)) is amended by striking "(with notice to the lessee who designated the designee)".

   Inserted: (b) Subpoenas.--Section 115(d)(2)(A) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1724(d)(2)(A)) is amended by striking "(with notice to the lessee who designated the designee, which notice shall not constitute a subpoena to the lessee)".

   Original wording

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As printed