S.Amdt. 5137

1. Adds SEC. ___. DEEP SEA EXPLORATION wherever appropriate

   Adds a section

   Inserted: SEC. ___. DEEP SEA EXPLORATION.

   Inserted: (a) Publication of Projected State Lines on Outer Continental Shelf.--Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended--

   Inserted: (1) by designating the first, second, and third sentences as clause (i), (iii), and (iv), respectively;

   Inserted: (2) in clause (i) (as so designated), by inserting before the period at the end the following: "not later than 90 days after the date of enactment of the Stop Excessive Energy Speculation Act of 2008"; and

   Inserted: (3) by inserting after clause (i) (as so designated) the following:

   Inserted: "(ii)(I) The projected lines shall also be used for the purpose of preleasing and leasing activities conducted in new producing areas under section 32.

   Inserted: "(II) This clause shall not affect any property right or title to Federal submerged land on the outer Continental Shelf.

   Inserted: "(III) In carrying out this clause, the President shall consider the offshore administrative boundaries beyond State submerged lands for planning, coordination, and administrative purposes of the Department of the Interior, but may establish different boundaries.".

   Inserted: (b) Production of Oil and Natural Gas in New Producing Areas.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 32. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING AREAS.

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

   Inserted: "(1) Coastal political subdivision.--The term 'coastal political subdivision' means a political subdivision of a new producing State any part of which political subdivision is--

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   Inserted: "(A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the new producing State as of the date of enactment of this section; and

   Inserted: "(B) not more than 200 nautical miles from the geographic center of any leased tract.

   Inserted: "(2) Moratorium area.--

   Inserted: "(A) In general.--The term 'moratorium area' means an area covered by sections 104 through 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2118) (as in effect on the day before the date of enactment of this section).

   Inserted: "(B) Exclusion.--The term 'moratorium area' does not include an area located in the Gulf of Mexico.

   Inserted: "(3) New producing area.--The term 'new producing area' means any moratorium area within the offshore administrative boundaries beyond the submerged land of a State that is located greater than 50 miles from the coastline of the State.

   Inserted: "(4) New producing state.--The term 'new producing State' means a State that has, within the offshore administrative boundaries beyond the submerged land of the State, a new producing area available for oil and gas leasing under subsection (b).

   Inserted: "(5) Offshore administrative boundaries.--The term 'offshore administrative boundaries' means the administrative boundaries established by the Secretary beyond State submerged land for planning, coordination, and administrative purposes of the Department of the Interior and published in the Federal Register on January 3, 2006 (71 Fed. Reg. 127).

   Inserted: "(6) Qualified outer continental shelf revenues.--

   Inserted: "(A) In general.--The term 'qualified outer Continental Shelf revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this section for new producing areas.

   Inserted: "(B) Exclusions.--The term 'qualified outer Continental Shelf revenues' does not include--

   Inserted: "(i) revenues from a bond or other surety forfeited for obligations other than the collection of royalties;

   Inserted: "(ii) revenues from civil penalties;

   Inserted: "(iii) royalties taken by the Secretary in-kind and not sold;

   Inserted: "(iv) revenues generated from leases subject to section 8(g); or

   Inserted: "(v) any revenues considered qualified outer Continental Shelf revenues under section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432).

   Inserted: "(b) Petition for Leasing New Producing Areas.--

   Inserted: "(1) In general.--Beginning on the date on which the President delineates projected State lines under section 4(a)(2)(A)(ii), the Governor of a State, with the concurrence of the legislature of the State, with a new producing area within the offshore administrative boundaries beyond the submerged land of the State may submit to the Secretary a petition requesting that the Secretary make the new producing area available for oil and gas leasing.

   Inserted: "(2) Action by secretary.--Notwithstanding section 18, as soon as practicable after receipt of a petition under paragraph (1), the Secretary shall approve the petition if the Secretary determines that leasing the new producing area would not create an unreasonable risk of harm to the marine, human, or coastal environment.

   Inserted: "(c) Disposition of Qualified Outer Continental Shelf Revenues From New Producing Areas.--

   Inserted: "(1) In general.--Notwithstanding section 9 and subject to the other provisions of this subsection, for each applicable fiscal year, the Secretary of the Treasury shall deposit--

   Inserted: "(A) 50 percent of qualified outer Continental Shelf revenues in the general fund of the Treasury; and

   Inserted: "(B) 50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury from which the Secretary shall disburse--

   Inserted: "(i) 75 percent to new producing States in accordance with paragraph (2); and

   Inserted: "(ii) 25 percent to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l -8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l-5).

   Inserted: "(2) Allocation to new producing states and coastal political subdivisions.--

   Inserted: "(A) Allocation to new producing states.--Effective for fiscal year 2008 and each fiscal year thereafter, the amount made available under paragraph (1)(B)(i) shall be allocated to each new producing State in amounts (based on a formula established by the Secretary by regulation) proportional to the amount of qualified outer Continental Shelf revenues generated in the new producing area offshore each State.

   Inserted: "(B) Payments to coastal political subdivisions.--

   Inserted: "(i) In general.--The Secretary shall pay 20 percent of the allocable share of each new producing State, as determined under subparagraph (A), to the coastal political subdivisions of the new producing State.

   Inserted: "(ii) Allocation.--The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with the regulations promulgated under subparagraph (A).

   Inserted: "(3) Minimum allocation.--The amount allocated to a new producing State for each fiscal year under paragraph (2) shall be at least 5 percent of the amounts available for the fiscal year under paragraph (1)(B)(i).

   Inserted: "(4) Timing.--The amounts required to be deposited under subparagraph (B) of paragraph (1) for the applicable fiscal year shall be made available in accordance with that subparagraph during the fiscal year immediately following the applicable fiscal year.

   Inserted: "(5) Authorized uses.--

   Inserted: "(A) In general.--Subject to subparagraph (B), each new producing State and coastal political subdivision shall use all amounts received under paragraph (2) in accordance with all applicable Federal and State laws, only for 1 or more of the following purposes:

   Inserted: "(i) Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses.

   Inserted: "(ii) Mitigation of damage to fish, wildlife, or natural resources.

   Inserted: "(iii) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan.

   Inserted: "(iv) Funding of onshore infrastructure projects.

   Inserted: "(v) Planning assistance and the administrative costs of complying with this section.

   Inserted: "(B) Limitation.--Not more than 3 percent of amounts received by a new producing State or coastal political subdivision under paragraph (2) may be used for the purposes described in subparagraph (A)(v).

   Inserted: "(6) Administration.--Amounts made available under paragraph (1)(B) shall--

   Inserted: "(A) be made available, without further appropriation, in accordance with this subsection;

   Inserted: "(B) remain available until expended; and

   Inserted: "(C) be in addition to any amounts appropriated under--

   Inserted: "(i) other provisions of this Act;

   Inserted: "(ii) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); or

   Inserted: "(iii) any other provision of law.

   Inserted: "(d) Disposition of Qualified Outer Continental Shelf Revenues From Other Areas.--Notwithstanding section 9, for each applicable fiscal year, the terms and conditions of subsection (c) shall apply to the disposition of qualified outer Continental Shelf revenues that--

   Inserted: "(1) are derived from oil or gas leasing in an area that is not included in the current 5-year plan of the Secretary for oil or gas leasing; and

   Inserted: "(2) are not assumed in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code.".

   Inserted: (c) Conforming Amendments.--Sections 104 and 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2118) are amended by striking "No funds" each place it appears and inserting "Except as provided in section 32 of the Outer Continental Shelf Lands Act, no funds".

   Inserted: SEC. __. ADVANCED BATTERIES FOR ELECTRIC DRIVE VEHICLES.

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

   Inserted: (1) Advanced battery.--The term "advanced battery" means an electrical storage device that is suitable for a vehicle application.

   Inserted: (2) Engineering integration costs.--The term "engineering integration costs" includes the cost of engineering tasks relating to--

   Inserted: (A) the incorporation of qualifying components into the design of an advanced battery; and

   Inserted: (B) the design of tooling and equipment and the development of manufacturing processes and material for suppliers of production facilities that produce qualifying components or advanced batteries.

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

   Inserted: (b) Advanced Battery Research and Development.--

   Inserted: (1) In general.--The Secretary shall--

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

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

   Inserted: (2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2010 through 2014.

   Inserted: (c) Direct Loan Program.--

   Inserted: (1) In general.--Subject to the availability of appropriated funds, not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a program to provide a total of not more than $250,000,000 in loans to eligible individuals and entities for not more than 30 percent of the costs of 1 or more of--

   Inserted: (A) reequipping a manufacturing facility in the United States to produce advanced batteries;

   Inserted: (B) expanding a manufacturing facility in the United States to produce advanced batteries; or

   Inserted: (C) establishing a manufacturing facility in the United States to produce advanced batteries.

   Inserted: (2) Eligibility.--

   Inserted: (A) In general.--To be eligible to obtain a loan under this subsection, an individual or entity shall--

   Inserted: (i) be financially viable without the receipt of additional Federal funding associated with a proposed project under this subsection;

   Inserted: (ii) provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; and

   Inserted: (iii) meet such other criteria as may be established and published by the Secretary.

   Inserted: (B) Consideration.--In selecting eligible individuals or entities for loans under this subsection, the Secretary may consider whether the proposed project of an eligible individual or entity under this subsection would--

   Inserted: (i) reduce manufacturing time;

   Inserted: (ii) reduce manufacturing energy intensity;

   Inserted: (iii) reduce negative environmental impacts or byproducts; or

   Inserted: (iv) increase spent battery or component recycling

   Inserted: (3) Rates, terms, and repayment of loans.--A loan provided under this subsection--

   Inserted: (A) shall have an interest rate that, as of the date on which the loan is made, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity;

   Inserted: (B) shall have a term that is equal to the lesser of--

   Inserted: (i) the projected life, in years, of the eligible project to be carried out using funds from the loan, as determined by the Secretary; or

   Inserted: (ii) 25 years; and

   Inserted: (C) may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using funds from the loan first begins operations, as determined by the Secretary.

   Inserted: (4) Period of availability.--A loan under this subsection shall be available for--

   Inserted: (A) facilities and equipment placed in service before December 30, 2020; and

   Inserted: (B) engineering integration costs incurred during the period beginning on the date of enactment of this Act and ending on December 30, 2020.

   Inserted: (5) Fees.--The cost of administering a loan made under this subsection shall not exceed $100,000.

   Inserted: (6) 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 2013.

   Inserted: (d) Sense of the Senate on Purchase of Plug-in Electric Drive Vehicles.--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.

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   At the appropriate place, insert the following:

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As printed