I
110th CONGRESS
2d Session
H. R. 5437
IN THE HOUSE OF REPRESENTATIVES
February 14, 2008
Mr. Ross (for himself and Mr. Nunes) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Science and Technology, Oversight and Government Reform, Armed Services, Agriculture, Natural Resources, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To promote alternative and renewable fuels, domestic energy production, conservation, and efficiency, to increase American energy independence, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the American-Made Energy Act of
2008
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—Tax incentives for alternative energy and conservation
Subtitle A—Alternative energy
Sec. 101. Credit for investment in cellulosic biomass ethanol projects.
Sec. 102. Investment tax credit for investments in nuclear power facilities.
Sec. 103. Expansion of special allowance to cellulosic biomass alcohol fuel plant property.
Subtitle B—Electricity and renewables
Sec. 111. Extension and modification of energy investment tax credit.
Sec. 112. Credit rate parity for all renewable resources under electricity production credit.
Sec. 113. Extension of credit for producing electricity from certain renewable resources.
Sec. 114. Expansion of credit for electricity produced from agricultural livestock waste nutrients.
Sec. 115. Credit for installation of wind energy property including by rural homeowners, farmers, ranchers, and small businesses.
Sec. 116. 3-year accelerated depreciation period for wind energy property.
Sec. 117. Repeal of dollar limitation and allowance against alternative minimum tax for residential solar and fuel cell property credit.
Sec. 118. New clean renewable energy bonds.
Sec. 119. Extension and modification of credit for residential energy efficient property.
Subtitle C—Coal-to-liquid fuel
Sec. 121. Extension of alternative fuel credit for fuel derived from coal.
Subtitle D—Energy efficiency
Sec. 131. Extension of new energy efficient home credit.
Sec. 132. Modification and extension of energy efficient commercial buildings deduction.
Subtitle E—Alternative vehicle fuels
Sec. 141. Consumer credit for purchase of flexible fuel motor vehicle.
Sec. 142. Repeal of prohibition on procurement and acquisition of alternative fuels.
Subtitle F—Biofuel production
Sec. 151. Extension and modification of credits for biodiesel and renewable diesel.
Subtitle G—Oil and gas provisions
Sec. 161. Expensing for crude oil refineries.
Sec. 162. Extension of suspension of taxable income limit on percentage depletion for oil and natural gas produced from marginal properties.
Sec. 163. Increase in depletion rate for marginal oil or gas production.
Sec. 164. Suspension of taxable income limitation on percentage depletion.
Sec. 165. Study on fair and transparent fuel pricing.
Subtitle H—Carbon capture and sequestration
Sec. 171. Expansion and modification of advanced coal project investment credit.
Title II—American-Made Energy Trust Fund
Sec. 201. Establishment of American-Made Energy Trust Fund.
Title III—Development of oil and gas resources of the Coastal Plain of Alaska
Sec. 301. Definitions.
Sec. 302. Leasing program for lands within the Coastal Plain.
Sec. 303. Lease sales.
Sec. 304. Grant of leases by the Secretary.
Sec. 305. Lease terms and conditions.
Sec. 306. Coastal plain environmental protection.
Sec. 307. Expedited judicial review.
Sec. 308. Federal and State distribution of revenues.
Sec. 309. Rights-of-way across the Coastal Plain.
Sec. 310. Conveyance.
Sec. 311. Local government impact aid and community service assistance.
Title IV—Coal-to-Liquid Fuel Promotion
Sec. 401. Strategic Petroleum Reserve.
Sec. 402. Procurement of unconventional fuels by the Department of Defense.
Sec. 403. Government auction of long term put option contracts on coal-to-liquid fuel produced by qualified coal-to-liquid facilities.
Sec. 404. Definitions.
Title V—Biofuel Program
Sec. 501. Grants for cellulosic ethanol production.
Sec. 502. Loan guarantees for biorefineries and biofuel production plants.
Sec. 503. Biomass Research and Development Act of 2000.
Sec. 504. Forest bioenergy research program.
Sec. 505. Early action renewable fuel marketing.
Title VI—Alternative Vehicle Fuels
Sec. 601. Credit for plug-in hybrid vehicles.
Sec. 602. Use of credits.
Title VII—Offshore oil and gas leasing
Sec. 701. Termination of prohibitions on expenditures for, and withdrawals from, offshore leasing.
Sec. 702. Outer Continental Shelf leasing program.
Sec. 703. Sharing of revenues.
Title VIII—Increasing nuclear generated electric energy
Sec. 801. Increasing nuclear generated electric energy.
Tax incentives for alternative energy and conservation
Alternative energy
Credit for investment in cellulosic biomass ethanol projects
Qualifying cellulosic biomass ethanol project investment
In general
Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing investment credit) is amended by inserting after section 48B the following new section:
Qualifying cellulosic biomass ethanol project credit
In general
For purposes of section 46, the qualifying cellulosic biomass ethanol project credit for any taxable year is an amount equal to 50 percent of the qualified investment for such taxable year.
Dollar limitation
The amount of the credit determined under this section for any taxable year shall not exceed $100,000,000.
Qualified investment
For purposes of subsection (a), the qualified investment for any taxable year is the basis of property placed in service by the taxpayer during the taxable year which is part of a qualifying cellulosic biomass ethanol project—
the construction, reconstruction, or erection of which is completed by the taxpayer, or
which is acquired by the taxpayer if the original use of such property commences with the taxpayer, and
with respect to which depreciation (or amortization in lieu of depreciation) is allowable.
Qualifying cellulosic biomass ethanol project
For purposes of this section, the term qualifying cellulosic biomass ethanol project means any domestic project which produces not less than 5,000,000 gallons of ethanol per year by enzymatic hydrolysis of any lignocellulosic or hemicellulosic feedstock that is available on a renewable or recurring basis, including agricultural residues, agricultural fibers, dedicated energy crops, grasses, plants, and wood and wood residues.
Qualifying cellulosic biomass ethanol project program
In general
The Secretary, in consultation with the Secretary of Energy, shall establish a qualifying cellulosic biomass ethanol project program to consider and award certifications for qualified investment eligible for credits under this section to qualifying cellulosic biomass ethanol project sponsors under this section. The total amounts of credit that may be allocated under this program shall not exceed $2,000,000,000.
Selection criteria
The Secretary shall not make a competitive certification award for qualified investment for credit eligibility under this section unless the recipient has documented to the satisfaction of the Secretary that—
the proposal of the award recipient is financially viable,
the recipient will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is spent efficiently and effectively,
the award recipient’s project team is competent in the planning and construction of cellulosic biomass ethanol facilities, and
the award recipient has met other criteria established and published by the Secretary.
Period of certification
The Secretary may issue the certifications described in paragraph (1) during the 10-year period beginning on October 1, 2008.
Denial of double benefit
No deduction or other credit shall be allowed with respect to the basis of any property taken into account in determining the credit allowed under this section.
.
Conforming amendments
Section 46 of such
Code is amended by striking and
at the end of paragraph (3), by
striking the period at the end of paragraph (4) and inserting ,
and
, and by adding at the end the following new paragraph:
the qualifying cellulosic biomass ethanol project credit.
.
The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48B the following new item:
Sec. 48C. Qualifying cellulosic biomass ethanol project.
.
Effective date
The amendments made by this section shall apply to qualified investment made after the date of the enactment of this Act.
Investment tax credit for investments in nuclear power facilities
New credit for nuclear power facilities
Section 46 of the Internal Revenue Code of 1986, as amended by this Act, is amended by—
striking
and
at the end of paragraph (4);
striking the
period at the end of paragraph (5) and inserting , and
;
and
inserting after paragraph (5) the following new paragraph:
the nuclear power facility construction credit.
.
Nuclear power facility construction credit
Subpart E of part IV of subchapter A of chapter 1 of such Code, as amended by this Act, is amended by inserting after section 48C the following new section:
Nuclear power facility construction credit
In general
For purposes of section 46, the nuclear power facility construction credit for any taxable year is 20 percent of the qualified nuclear power facility expenditures with respect to a qualified nuclear power facility.
When expenditures taken into account
In general
Qualified nuclear power facility expenditures shall be taken into account for the taxable year in which the qualified nuclear power facility is placed in service.
Coordination with subsection (c)
The amount which would (but for this paragraph) be taken into account under paragraph (1) with respect to any qualified nuclear power facility shall be reduced (but not below zero) by any amount of qualified nuclear power facility expenditures taken into account under subsection (c) by the taxpayer or a predecessor of the taxpayer (or, in the case of a sale and leaseback described in section 50(a)(2)(C), by the lessee), to the extent any amount so taken into account has not been required to be recaptured under section 50(a).
Progress expenditures
In general
A taxpayer may elect to take into account qualified nuclear power facility expenditures—
Self-constructed property
In the case of a qualified nuclear power facility which is a self-constructed facility, in the taxable year for which such expenditures are properly chargeable to capital account with respect to such facility.
Acquired facility
In the case of a qualified nuclear facility which is not self-constructed property, in the taxable year in which such expenditures are paid.
Special rules for applying paragraph (1)
For purposes of paragraph (1)—
Component parts, etc
Property which is not self-constructed property and which is to be a component part of, or is otherwise to be included in, any facility to which this subsection applies shall be taken into account in accordance with paragraph (1)(B).
Certain borrowing disregarded
Any amount borrowed directly or indirectly by the taxpayer on a nonrecourse basis from the person constructing the facility for the taxpayer shall not be treated as an amount expended for such facility.
Limitation for facilities or components which are not self-constructed
In general
In the case of a facility or a component of a facility which is not self-constructed, the amount taken into account under paragraph (1)(B) for any taxable year shall not exceed the amount which represents the portion of the overall cost to the taxpayer of the facility or component of a facility which is properly attributable to the portion of the facility or component which is completed during such taxable year.
Carry-over of certain amounts
In the case of a facility or component of a facility which is not self-constructed—
if the amount which (but for clause (i)) would have been taken into account under paragraph (1)(B) for the taxable year exceeds the limitation of clause (i), then the amount of such excess shall be taken into account under paragraph (1)(B) for the succeeding taxable year, and
if the limitation of clause (i) for the taxable year exceeds the amount taken into account under paragraph (1)(B), then the amount of such excess shall increase the limitation of clause (i) for the succeeding taxable year.
Determination of percentage of completion
The determination under subparagraph (C)(i) of the portion of the overall cost to the taxpayer of the construction which is properly attributable to construction completed during any taxable year shall be made on the basis of engineering or architectural estimates or on the basis of cost accounting records. Unless the taxpayer establishes otherwise by clear and convincing evidence, the construction shall be deemed to be completed not more rapidly than ratably over the normal construction period.
No progress expenditures for certain prior periods
No qualified nuclear facility expenditures shall be taken into account under this subsection for any period before the first day of the first taxable year to which an election under this subsection applies.
No progress expenditures for property for year it is placed in service, etc
In the case of any qualified nuclear facility, no qualified nuclear facility expenditures shall be taken into account under this subsection for the earlier of—
the taxable year in which the facility is placed in service, or
the first taxable year for which recapture is required under section 50(a)(2) with respect to such facility, or for any taxable year thereafter.
Self-constructed
For purposes of this subsection—
The term self-constructed facility means any facility if it is reasonable to believe that more than half of the qualified nuclear facility expenditures for such facility will be made directly by the taxpayer.
A component of a facility shall be treated as not self-constructed if the cost of the component is at least 5 percent of the expected cost of the facility and the component is acquired by the taxpayer.
Election
An election shall be made under this section for a qualified nuclear power facility by claiming the nuclear power facility construction credit for expenditures described in paragraph (1) on a tax return filed by the due date for such return (taking into account extensions). Such an election shall apply to the taxable year for which made and all subsequent taxable years. Such an election, once made, may be revoked only with the consent of the Secretary.
National limitation on amount of investments designated
Subsection (a) shall not apply to the extent that the aggregate nuclear power facility construction credit allowed under such subsection exceeds $2,000,000,000.
Definitions and special rules
For purposes of this section—
Qualified nuclear power facility
The term qualified nuclear power facility means an advanced nuclear power facility (as defined in section 45J), the construction of which was approved by the Nuclear Regulatory Commission on or before December 31, 2013.
Qualified nuclear power facility expenditures
In general
The term qualified nuclear power facility expenditures means any amount properly chargeable to capital account—
with respect to a qualified nuclear power facility,
for which depreciation is allowable under section 168, and
which are incurred before the qualified nuclear power facility is placed in service or in connection with the placement of such facility in service.
Pre-effective date expenditures
Qualified nuclear power facility expenditures do not include any expenditures incurred by the taxpayer before January 1, 2008, unless such expenditures constitute less than 20 percent of the total qualified nuclear power facility expenditures (determined without regard to this subparagraph) for the qualified nuclear power facility.
Delays and suspension of construction
In general
For purposes of applying this section and section 50, a nuclear power facility that is under construction shall cease to be treated as a facility that will be a qualified nuclear power facility as of the earlier of—
the date on which the taxpayer decides to terminate construction of the facility, or
the last day of any 24 month period in which the taxpayer has failed to incur qualified nuclear power facility expenditures totaling at least 20 percent of the expected total cost of the nuclear power facility.
Authority to waive
The Secretary may waive the application of clause (ii) of subparagraph (A) if the Secretary determines that the taxpayer intended to continue the construction of the qualified nuclear power facility and the expenditures were not incurred for reasons outside the control of the taxpayer.
Resumption of construction
If a nuclear power facility that is under construction ceases to be a qualified nuclear power facility by reason of paragraph (2) and work is subsequently resumed on the construction of such facility—
the date work is subsequently resumed shall be treated as the date that construction began for purposes of paragraph (1), and
if the facility is a qualified nuclear power facility, the qualified nuclear power facility expenditures shall be determined without regard to any delay or temporary termination of construction of the facility.
.
Provisions relating to credit recapture
Progress expenditure recapture rules
Basic rules
Subparagraph (A) of section 50(a)(2) of such Code is amended to read as follows:
In general
If during any taxable year any building to which section 47(d) applied or any facility to which section 48D(c) applied ceases (by reason of sale or other disposition, cancellation or abandonment of contract, or otherwise) to be, with respect to the taxpayer, property which, when placed in service, will be a qualified rehabilitated building or a qualified nuclear power facility, then the tax under this chapter for such taxable year shall be increased by an amount equal to the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero the credit determined under this subpart with respect to such building or facility.
.
Amendment to excess credit recapture rule
Subparagraph (B) of section 50(a)(2) of such Code is amended by—
inserting
or paragraph (2) of section 48D(b)
after paragraph (2) of
section 47(b)
,
inserting
or section 48D(b)(1)
after section 47(b)(1)
,
and
inserting
or facility
after building
.
Amendment of sale and leaseback rule
Subparagraph (C) of section 50(a)(2) of such Code is amended by—
inserting or
qualified nuclear power facility expenditures
after qualified
rehabilitation expenditures
, and
inserting
or section 48D(c)
after section 47(d)
.
Other amendment
Subparagraph (D) of section 50(a)(2) of such Code is
amended by inserting or section 48D(c)
after section
47(d)
.
No basis adjustment
Section 50(c) of such Code is amended by inserting at the end thereof the following new paragraph:
Nuclear power facility construction credit
Paragraphs (1) and (2) shall not apply to the nuclear power facility construction credit.
.
Technical amendments
The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item:
Sec. 48D. Nuclear power facility construction credit.
.
Effective date
The amendments made by this section shall be effective for expenditures incurred and property placed in service in taxable years beginning after the date of the enactment of this Act.
Expansion of special allowance to cellulosic biomass alcohol fuel plant property
In general
Paragraph (3) of section 168(l) of the Internal Revenue Code of 1986 (relating to special allowance for cellulosic biomass ethanol plant property) is amended to read as follows:
Cellulosic biomass alcohol
For purposes of this subsection, the term cellulosic biomass alcohol means any alcohol produced from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis.
.
Conforming amendments
Subsection (l) of
section 168 of such Code is amended by striking cellulosic biomass
ethanol
each place it appears and inserting cellulosic biomass
alcohol
.
The heading of
section 168(l) of such Code is amended by striking cellulosic biomass ethanol
and inserting
cellulosic biomass
alcohol
.
The heading of
paragraph (2) of section 168(l) of such Code is amended by striking
cellulosic biomass
ethanol
and inserting cellulosic biomass
alcohol
.
Effective date
The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.
Electricity and renewables
Extension and modification of energy investment tax credit
Extension of Credit
Solar energy property
Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a)
of the Internal Revenue Code of 1986 (relating to energy credit) are each
amended by striking January 1, 2009
and inserting January
1, 2017
.
Fuel cell property
Subparagraph (E) of section 48(c)(1) of such Code
(relating to qualified fuel cell property) is amended by striking
December 31, 2008
and inserting December 31,
2016
.
Allowance of Energy Credit Against Alternative Minimum Tax
Subparagraph (B) of
section 38(c)(4) of such Code (relating to specified credits) is amended by
striking and
at the end of clause (iii), by striking the period
at the end of clause (iv) and inserting , and
, and by adding at
the end the following new clause:
the credit determined under section 46 to the extent that such credit is attributable to the energy credit determined under section 48.
.
Increase of Credit Limitation for Fuel Cell Property
Subparagraph (B) of
section 48(c)(1) of such Code is amended by striking $500
and
inserting $1,500
.
Public Electric Utility Property Taken Into Account
In general
Paragraph (3) of section 48(a) of such Code is amended by striking the second sentence thereof.
Conforming amendments
Paragraph (1) of section 48(c) of such Code is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D).
Paragraph (2) of section 48(c) of such Code is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D).
Clerical Amendments
Paragraphs (1)(B) and (2)(B) of section 48(c) of such
Code are each amended by striking paragraph (1)
and inserting
subsection (a)
.
Effective Date
In general
Except as otherwise provided in this subsection, the amendments made by this section shall take effect on the date of the enactment of this Act.
Allowance against alternative minimum tax
The amendments made by subsection (b) shall apply to credits determined under section 46 of the Internal Revenue Code of 1986 in taxable years beginning after the date of the enactment of this Act and to carrybacks of such credits.
Increase in limitation for fuel cell property
The amendment made by subsection (c) shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).
Public electric utility property
The amendments made by subsection (d) shall apply to periods after June 20, 2008, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).
Credit rate parity for all renewable resources under electricity production credit
In general
Section 45(b)(4)(A)
of the Internal Revenue Code of 1986 (relating to credit rate) is amended by
inserting and before 2008
after 2003
.
Effective date
The amendment made by this section shall apply to electricity produced and sold after December 31, 2007.
Extension of credit for producing electricity from certain renewable resources
Subsection (d) of section 45 of the Internal
Revenue Code of 1986 is amended by striking January 1, 2009
each
place it appears and inserting January 1, 2014
.
Expansion of credit for electricity produced from agricultural livestock waste nutrients
Increase in credit rate
Subparagraph (A)
of section 45(b)(4) of the Internal Revenue Code of 1986 (relating to credit
rate) is amended by striking paragraph (3),
and inserting
paragraph (3) (other than subparagraph (A)(i) thereof),
.
Biogas and thermal energy produced from agricultural livestock waste nutrients
Section 45(e) of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph:
Biogas and thermal energy produced from agricultural livestock waste nutrients
In general
In the case of an open-loop biomass facility, the term kilowatt hour of electricity in paragraph (2) of subsection (a) shall mean kilowatt hours of electricity and kilowatt-equivalent hours of biogas, synthesis gas, and thermal energy produced from agricultural livestock waste nutrients.
Clarification
Any requirements related to electricity production under paragraph (3) of subsection (d) shall not cause a facility producing biogas, synthesis gas, or thermal energy from agricultural livestock waste nutrients to fail to be treated as a qualified facility under subsection (d).
.
Credit Allowed for On-Site Use
Section 45(e) of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph:
Credit allowed for on-site use
In the case of electricity or biogas, synthesis gas, or thermal energy produced at any facility described in paragraph (3) of subsection (d) which is equipped with net metering to determine electricity consumption or sale (such consumption or sale to be verified by a third party as determined by the Secretary), subsection (a)(2) shall be applied without regard to subparagraph (B) thereof.
.
Effective dates
In general
Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after December 31, 2006.
Subsection (c)
The amendment made by subsection (c) shall apply to facilities placed in service after the date of the enactment of this Act.
Credit for installation of wind energy property including by rural homeowners, farmers, ranchers, and small businesses
In general
Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
Wind energy property
Allowance of credit
There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $1,500 with respect to each half kilowatt of capacity of qualified wind energy property placed in service or installed by the taxpayer during such taxable year.
Limitation
No credit shall be allowed under subsection (a) unless at least 50 percent of the energy produced annually by the qualified wind energy property is consumed on the site on which the property is placed in service or installed.
Qualified wind energy property
For purposes of this section, the term qualified wind energy property means a wind turbine of 100 kilowatts of rated capacity or less if—
such turbine is placed in service or installed on or in connection with property located in the United States,
in the case of an individual, the property on or in connection with which such turbine is installed is a dwelling unit, and
the original use of such turbine commences with the taxpayer.
Limitation based on amount of tax
In general
The credit allowed under subsection (a) for any taxable year shall not exceed the excess of—
the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E.
Carryover of unused credit
If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.
Special rules
For purposes of this section—
Tenant-stockholder in cooperative housing corporation
In the case of an individual who is a tenant-stockholder (as defined in section 216(b)(2)) in a cooperative housing corporation (as defined in section 216(b)(1)), such individual shall be treated as having paid his tenant-stockholder’s proportionate share (as defined in section 216(b)(3)) of any expenditures paid or incurred for qualified wind energy property by such corporation, and such credit shall be allocated appropriately to such individual.
Condominiums
In general
In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having paid his proportionate share of expenditures paid or incurred for qualified wind energy property by such association, and such credit shall be allocated appropriately to such individual.
Condominium management association
For purposes of this paragraph, the term condominium management association means an organization which meets the requirements of section 528(c)(2) with respect to a condominium project of which substantially all of the units are used by individuals as dwelling units.
Basis adjustment
For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to a dwelling unit or other property, the increase in the basis of such dwelling unit or other property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.
Application of credit
The credit allowed under this section shall apply to property placed in service or installed after December 31, 2007, and before January 1, 2012.
.
Conforming amendment
Subsection (a) of section 1016 of the Internal Revenue
Code of 1986 (relating to general rule for adjustments to basis) is amended by
striking and
at the end of paragraph (36), by striking the
period at the end of paragraph (37) and inserting , and
, and by
adding at the end the following new paragraph:
in the case of a dwelling unit or other property with respect to which a credit was allowed under section 30D, to the extent provided in section 30D(f).
.
Clerical amendment
The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 30C the following new item:
.
Effective date
The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.
3-year accelerated depreciation period for wind energy property
In general
Subparagraph (A) of section 168(e)(3) of the Internal
Revenue Code of 1986 is amended by striking and
at the end of
clause (ii), by striking the period at the end of clause (iii) and inserting
, and
, and by inserting after clause (iii) the following new
clause:
any property which would be described in
subparagraph (A) of section 48(a)(3) if wind energy
were
substituted for solar energy
in clause (i) thereof and the last
sentence of such section did not apply to such
subparagraph.
.
Conforming amendment
Section 168(e)(3)(B)(vi)(I) of such Code is amended to read as follows:
is described in subparagraph (A) of section 48(a)(3) if the last sentence of such section did not apply to such subparagraph,
.
Effective date
The amendments made by this section shall apply to property placed in service in taxable years ending after the date of the enactment of this Act.
Repeal of dollar limitation and allowance against alternative minimum tax for residential solar and fuel cell property credit
Repeal of Maximum Dollar Limitation
In general
Subsection (b) of section 25D of the Internal Revenue Code of 1986 (relating to limitations) is amended to read as follows:
Certification of Solar Water Heating Property
No credit shall be allowed under this section for an item of property described in subsection (d)(1) unless such property is certified for performance by the non-profit Solar Rating Certification Corporation or a comparable entity endorsed by the government of the State in which such property is installed.
.
Conforming amendments
Subsection (e) of section 25D of such Code is amended by striking paragraph (4) and by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively.
Paragraph (1) of
section 25C(e) of such Code is amended by striking (8), and (9)
and inserting and (8) (and paragraph (4) as in effect before its repeal
by the American-Made Energy Act of
2008)
.
Credit Allowed Against Alternative Minimum Tax
In general
Subsection (c) of section 25D of such Code is amended to read as follows:
Limitation Based on Amount of Tax; Carryforward of Unused Credit
Limitation based on amount of tax
In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for the taxable year shall not exceed the excess of—
the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year.
Carryforward of unused credit
Rule for years in which all personal credits allowed against regular and alternative minimum tax
In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.
Rule for other years
In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.
.
Conforming amendments
Section
23(b)(4)(B) of such Code is amended by inserting and section 25D
after this section
.
Section
24(b)(3)(B) of such Code is amended by striking and 25B
and
inserting , 25B, and 25D
.
Section 25B(g)(2)
of such Code is amended by striking section 23
and inserting
sections 23 and 25D
.
Section 26(a)(1)
of such Code is amended by striking and 25B
and inserting
25B, and 25D
.
Effective Dates
In general
Except as otherwise provided in this subsection, the amendments made by this section shall apply to expenditures made after the date of the enactment of this Act.
Allowance against alternative minimum tax
In general
The amendments made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act.
Application of egtrra sunset
The amendments made by subparagraphs (A) and (B) of subsection (b)(2) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provisions of such Act to which such amendments relate.
New clean renewable energy bonds
In general
Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart:
Qualified tax credit bonds
Sec. 54A. Credit to holders of qualified tax credit bonds.
Sec. 54B. New clean renewable energy bonds.
Credit to holders of qualified tax credit bonds
Allowance of credit
If a taxpayer holds a qualified tax credit bond on one or more credit allowance dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates.
Amount of credit
In general
The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified tax credit bond is 25 percent of the annual credit determined with respect to such bond.
Annual credit
The annual credit determined with respect to any qualified tax credit bond is the product of—
the applicable credit rate, multiplied by
the outstanding face amount of the bond.
Applicable credit rate
For purposes of paragraph (2), the applicable credit rate is the rate which the Secretary estimates will permit the issuance of qualified tax credit bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer. The applicable credit rate with respect to any qualified tax credit bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond.
Special rule for issuance and redemption
In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures.
Limitation based on amount of tax
In general
The credit allowed under subsection (a) for any taxable year shall not exceed the excess of—
the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
the sum of the credits allowable under this part (other than subpart C and this subpart).
Carryover of unused credit
If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year).
Qualified tax credit bond
For purposes of this section—
Qualified tax credit bond
The term qualified tax credit bond means a new clean renewable energy bond which is part of an issue that meets the requirements of paragraphs (2), (3), (4), (5), and (6).
Special rules relating to expenditures
In general
An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects—
100 percent or more of the available project proceeds to be spent for 1 or more qualified purposes within the 3-year period beginning on such date of issuance, and
a binding commitment with a third party to spend at least 10 percent of such available project proceeds will be incurred within the 6-month period beginning on such date of issuance.
Failure to spend required amount of bond proceeds within 3 years
In general
To the extent that less than 100 percent of the available project proceeds of the issue are expended by the close of the expenditure period for 1 or more qualified purposes, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142.
Expenditure period
For purposes of this subpart, the term expenditure period means, with respect to any issue, the 3-year period beginning on the date of issuance. Such term shall include any extension of such period under clause (iii).
Extension of period
Upon submission of a request prior to the expiration of the expenditure period (determined without regard to any extension under this clause), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within the original expenditure period is due to reasonable cause and the expenditures for qualified purposes will continue to proceed with due diligence.
Qualified purpose
For purposes of this paragraph, the term qualified purpose means a purpose specified in section 54B(a)(1).
Reimbursement
For purposes of this subtitle, available project proceeds of an issue shall be treated as spent for a qualified purpose if such proceeds are used to reimburse the issuer for amounts paid for a qualified purpose after the date that the Secretary makes an allocation of bond limitation with respect to such issue, but only if—
prior to the payment of the original expenditure, the issuer declared its intent to reimburse such expenditure with the proceeds of a qualified tax credit bond,
not later than 60 days after payment of the original expenditure, the issuer adopts an official intent to reimburse the original expenditure with such proceeds, and
the reimbursement is made not later than 18 months after the date the original expenditure is paid.
Reporting
An issue shall be treated as meeting the requirements of this paragraph if the issuer of qualified tax credit bonds submits reports similar to the reports required under section 149(e).
Special rules relating to arbitrage
In general
An issue shall be treated as meeting the requirements of this paragraph if the issuer satisfies the requirements of section 148 with respect to the proceeds of the issue.
Special rule for investments during expenditure period
An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any investment of available project proceeds during the expenditure period.
Special rule for reserve funds
An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any fund which is expected to be used to repay such issue if—
such fund is funded at a rate not more rapid than equal annual installments,
such fund is funded in a manner that such fund will not exceed the amount necessary to repay the issue if invested at the maximum rate permitted under clause (iii), and
the yield on such fund is not greater than the discount rate determined under paragraph (5)(B) with respect to the issue.
Maturity limitation
In general
An issue shall not be treated as meeting the requirements of this paragraph if the maturity of any bond which is part of such issue exceeds the maximum term determined by the Secretary under subparagraph (B).
Maximum term
During each calendar month, the Secretary shall determine the maximum term permitted under this paragraph for bonds issued during the following calendar month. Such maximum term shall be the term which the Secretary estimates will result in the present value of the obligation to repay the principal on the bond being equal to 50 percent of the face amount of such bond. Such present value shall be determined using as a discount rate the average annual interest rate of tax-exempt obligations having a term of 10 years or more which are issued during the month. If the term as so determined is not a multiple of a whole year, such term shall be rounded to the next highest whole year.
Prohibition on financial conflicts of interest
An issue shall be treated as meeting the requirements of this paragraph if the issuer certifies that—
applicable State and local law requirements governing conflicts of interest are satisfied with respect to such issue, and
if the Secretary prescribes additional conflicts of interest rules governing the appropriate Members of Congress, Federal, State, and local officials, and their spouses, such additional rules are satisfied with respect to such issue.
Other definitions
For purposes of this subchapter—
Credit allowance date
The term credit allowance date means—
March 15,
June 15,
September 15, and
December 15.
Bond
The term bond includes any obligation.
State
The term State includes the District of Columbia and any possession of the United States.
Available project proceeds
The term available project proceeds means—
the excess of—
the proceeds from the sale of an issue, over
the issuance costs financed by the issue (to the extent that such costs do not exceed 2 percent of such proceeds), and
the proceeds from any investment of the excess described in subparagraph (A).
Credit treated as interest
For purposes of this subtitle, the credit determined under subsection (a) shall be treated as interest which is includible in gross income.
S Corporations and partnerships
In the case of a tax credit bond held by an S corporation or partnership, the allocation of the credit allowed by this section to the shareholders of such corporation or partners of such partnership shall be treated as a distribution.
Bonds held by regulated investment companies and real estate investment trusts
If any qualified tax credit bond is held by a regulated investment company or a real estate investment trust, the credit determined under subsection (a) shall be allowed to shareholders of such company or beneficiaries of such trust (and any gross income included under subsection (f) with respect to such credit shall be treated as distributed to such shareholders or beneficiaries) under procedures prescribed by the Secretary.
Credits may be stripped
Under regulations prescribed by the Secretary—
In general
There may be a separation (including at issuance) of the ownership of a qualified tax credit bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond.
Certain rules to apply
In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified tax credit bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon.
New clean renewable energy bonds
New clean renewable energy bond
For purposes of this subpart, the term new clean renewable energy bond means any bond issued as part of an issue if—
100 percent of the available project proceeds of such issue are to be used for capital expenditures incurred by public power providers or cooperative electric companies for one or more qualified renewable energy facilities,
the bond is issued by a qualified issuer, and
the issuer designates such bond for purposes of this section.
Reduced credit amount
The annual credit determined under section 54A(b) with respect to any new clean renewable energy bond shall be 70 percent of the amount so determined without regard to this subsection.
Limitation on amount of bonds designated
In general
The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under this subsection to such issuer.
National limitation on amount of bonds designated
There is a national new clean renewable energy bond limitation of $2,000,000,000 which shall be allocated by the Secretary as provided in paragraph (3), except that—
not more than 60 percent thereof may be allocated to qualified projects of public power providers, and
not more than 40 percent thereof may be allocated to qualified projects of cooperative electric companies.
Method of allocation
Allocation among public power providers
After the Secretary determines the qualified projects of public power providers which are appropriate for receiving an allocation of the national new clean renewable energy bond limitation, the Secretary shall, to the maximum extent practicable, make allocations among such projects in such manner that the amount allocated to each such project bears the same ratio to the cost of such project as the limitation under subparagraph (2)(A) bears to the cost of all such projects.
Allocation among cooperative electric companies
The Secretary shall make allocations of the amount of the national new clean renewable energy bond limitation described in paragraph (2)(B) among qualified projects of cooperative electric companies in such manner as the Secretary determines appropriate.
Definitions
For purposes of this section—
Qualified renewable energy facility
The term qualified renewable energy facility means a qualified facility (as determined under section 45(d) without regard to paragraphs (8) and (10) thereof and to any placed in service date) owned by a public power provider or a cooperative electric company.
Public power provider
The term public power provider means a State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this paragraph).
Cooperative electric company
The term cooperative electric company means a mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C).
Clean renewable energy bond lender
The term clean renewable energy bond lender means a lender which is a cooperative which is owned by, or has outstanding loans to, 100 or more cooperative electric companies and is in existence on February 1, 2002, and shall include any affiliated entity which is controlled by such lender.
Qualified issuer
The term qualified issuer means a public power provider, a cooperative electric company, a clean renewable energy bond lender, or a not-for-profit electric utility which has received a loan or loan guarantee under the Rural Electrification Act.
.
Reporting
Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph:
Reporting of credit on qualified tax credit bonds
In general
For purposes of subsection (a), the term interest includes amounts includible in gross income under section 54A and such amounts shall be treated as paid on the credit allowance date (as defined in section 54A(e)(1)).
Reporting to corporations, etc
Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i).
Regulatory authority
The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.
.
Conforming amendments
Sections 54(c)(2)
and 1400N(l)(3)(B) of such Code are each amended by striking subpart
C
and inserting subparts C and I
.
Section
1397E(c)(2) of such Code is amended by striking subpart H
and
inserting subparts H and I
.
Section 6401(b)(1)
of such Code is amended by striking and H
and inserting
H, and I
.
The heading of
subpart H of part IV of subchapter A of chapter 1 of such Code is amended by
striking certain
bonds
and inserting clean renewable energy
bonds
.
The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to subpart H and inserting the following new items:
Subpart H. Nonrefundable credit to holders of clean renewable energy bonds.
Subpart I. Qualified tax credit bonds.
.
Effective dates
The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.
Extension and modification of credit for residential energy efficient property
Extension
Subsection
(g) of section 25D of the Internal Revenue Code of 1986 (relating to
termination) is amended by striking 2008
and inserting
2016
.
Solar Electric Property
Paragraph (1) of section 25D(a) of such Code (relating
to allowance of credit) is amended by striking 30 percent
of
.
Modification of Maximum Credit
Paragraph (1) of section 25D(b) of the Internal Revenue Code of 1986 (relating to limitations) is amended to read as follows:
Maximum credit
The credit allowed under subsection (a) for any taxable year shall not exceed—
$1,500 with respect to each half kilowatt of installed capacity of qualified solar electric property for which qualified solar electric property expenditures are made,
$2,000 with respect to any qualified solar water heating property expenditures, and
$500 with respect to each half kilowatt of capacity of qualified fuel cell property (as defined in section 48(c)(1)) for which qualified fuel cell property expenditures are made.
.
Definition of Qualified Solar Water Heating Property Expenditure
Paragraph (1)
of section 25D(d) of such Code is amended by striking to heat water for
use in
and inserting to heat or cool (or provide hot water for
use in)
.
Definition of Qualified Photovoltaic Property Expenditure
Paragraph (2) of
section 25D(d) of such Code is amended by inserting , including advanced
energy storage systems installed as an integrated component of the
foregoing
after taxpayer
.
Credit Allowed Against Alternative Minimum Tax
In general
Section 25D(b) of the Internal Revenue Code of 1986 (as amended by subsection (b)) is amended by adding at the end the following new paragraph:
Credit allowed against alternative minimum tax
The credit allowed under subsection (a) for the taxable year shall not exceed the excess of—
the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section) and section 27 for the taxable year.
.
Conforming amendments
Subsection (c) of section 25D of such Code is amended to read as follows:
Carryforward of Unused Credit
If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by subsection (b)(3) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.
.
Section 23(b)(4)(B)
of such Code is amended by inserting and section 25D
after
this section
.
Section
24(b)(3)(B) of such Code is amended by striking sections 23 and
25B
and inserting sections 23, 25B, and 25D
.
Section 26(a)(1)
of such Code is amended by striking and 25B
and inserting
25B, and 25D
.
Effective Date
The amendments made by this section shall apply to expenditures made in taxable years beginning after December 31, 2006.
Coal-to-liquid fuel
Extension of alternative fuel credit for fuel derived from coal
Alternative fuel credit
Paragraph (4) of section 6426(d) of the Internal Revenue Code of 1986 is amended to read as follows:
Termination
This subsection shall not apply to—
any sale or use involving liquid fuel derived from a feedstock that is primarily domestic coal (including peat) for any period after September 30, 2020,
any sale or use involving liquified hydrogen for any period after September 30, 2014, and
any other sale or use for any period after September 30, 2009.
.
Payments
In general
Paragraph (5) of section 6427(e) of the Internal Revenue
Code of 1986 is amended by striking and
and the end of
subparagraph (C), by striking the period at the end of subparagraph (D) and
inserting , and
, and by adding at the end the following new
subparagraph:
any alternative fuel or alternative fuel mixture (as so defined) involving transportation grade liquid fuel derived from coal (including peat) sold or used after September 30, 2020.
.
Conforming amendment
Section 6427(e)(5)(C) of such Code is amended by
striking subparagraph (D)
and inserting subparagraphs (D)
and (E)
.
Conforming amendment
Section
6426(d)(2)(E) of such Code is amended by inserting transportation
grade
before liquid fuel
and by striking through
the Fischer-Tropsch process
.
Effective date
The amendments made by this section shall apply to any sale or use for any period after the date of enactment of this Act.
Energy efficiency
Extension of new energy efficient home credit
In general
Section 45L(g) of the Internal Revenue Code of 1986 is
amended by striking December 31, 2008
and inserting
December 31, 2013
.
Effective date
The amendment made by this section shall apply to qualified new energy efficient homes acquired after the date of enactment of this Act, in taxable years ending after such date.
Modification and extension of energy efficient commercial buildings deduction
Increase in credit amount
In general
Subparagraph (A) of section 179D(b)(1) of the Internal
Revenue Code of 1986 is amended by striking $1.80
and inserting
$2.25
.
Partial allowance
Subparagraph (A) of section 179D(d)(1) of such Code is amended—
by striking
$.60
and inserting $.75
, and
by striking
$1.80
and inserting $2.25
.
Extension
Section
179D(h) of such Code is amended by striking December 31, 2007
and inserting December 31, 2013
.
Effective date
The amendments made by this section shall apply to property placed in service after December 31, 2006.
Alternative vehicle fuels
Consumer credit for purchase of flexible fuel motor vehicle
In general
Section 30B of the Internal Revenue Code of 1986 (relating to alternative motor vehicle credit) is amended—
in subsection (a)
by striking and
at the end of paragraph (3), by striking the
period and inserting , and
at the end of paragraph (4), and by
adding at the end the following new paragraph:
the qualified flexible fuel motor vehicle credit determined under subsection (f).
, and
by redesignating subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (i), (j), and (k), respectively, and by inserting after subsection (e) the following new subsection:
Qualified flexible fuel motor vehicle credit
Allowance of credit
For purposes of subsection (a), the qualified flexible fuel motor vehicle credit determined under this subsection for the taxable year is an amount equal to the sum of—
$100 for each qualified flexible fuel motor vehicle placed in service by the taxpayer during the taxable year that is not a new qualified hybrid motor vehicle (as described in subsection (d)(3)), plus
$200 for each qualified flexible fuel motor vehicle placed in service by the taxpayer during the taxable year that is a new qualified hybrid motor vehicle (as described in subsection (d)(3)).
Qualified flexible fuel motor vehicle
For purposes of this subsection—
In general
The term qualified flexible fuel motor vehicle means a vehicle capable of operating on gasoline and on any mixture containing gasoline and up to 85 percent ethanol.
Other requirements
A vehicle meets the requirements of this paragraph if—
the original use of the vehicle commences with the taxpayer,
the vehicle is acquired for use or lease by the taxpayer and not for resale, and
the vehicle is made by a manufacturer in the United States.
.
Termination
Subsection
(k) of section 30B of such Code (as redesignated by subsection (a)) is amended
by striking and
at the end of paragraph (3), by striking the
period and inserting , and
at the end of paragraph (4), and by
adding at the end the following new paragraph:
in the case of a qualified flexible fuel motor vehicle (as described in subsection (f)(2)), December 31, 2012.
.
Conforming amendments
Paragraph (4) of
section 30B(i) of such Code (as redesignated by subsection (a)) is amended by
striking subsection (g)
and inserting subsection
(h)
.
Paragraph (6) of
section 30B(i) of such Code (as redesignated by subsection (a)) is amended by
striking subsection (g)
each place it appears and inserting
subsection (h)
.
Paragraph (25) of
section 38(b) of such Code is amended by striking section
30B(g)(1)
and inserting section 30B(h)(1)
.
Paragraph (3) of
section 55(c) of such Code is amended by striking 30B(g)(2)
and
inserting 30B(h)(2)
.
Paragraph (36) of
section 1016(a) of such Code is amended by striking section
30B(h)(4)
and inserting section 30B(i)(4)
.
Subsection (m) of
section 6501 of such Code is amended by striking 30B(h)(9)
and
inserting 30B(i)(9)
.
Effective date
The amendments made by this section shall apply to purchases made after the date of the enactment of this Act, in taxable years ending after such date.
Repeal of prohibition on procurement and acquisition of alternative fuels
Section 526 of the Energy Independence and Security Act of 2007 is hereby repealed.
Biofuel production
Extension and modification of credits for biodiesel and renewable diesel
In general
Sections 40A(g),
6426(c)(6), and 6427(e)(5)(B) of the Internal Revenue Code of 1986 are each
amended by striking December 31, 2008
and inserting
December 31, 2010
.
Uniform treatment of diesel produced from biomass
Paragraph (3) of
section 40A(f) of such Code is amended by striking using a thermal
depolymerization process
.
Eligibility of Certain Aviation Fuel
Section
40A(f)(3) of such Code (defining renewable diesel) is amended by adding at the
end the following new flush sentence: The term
.renewable
diesel
also means fuel derived from biomass (as defined in section
45K(c)(3)) using a thermal depolymerization process which meets the
requirements of a Department of Defense specification for military jet fuel or
an American Society of Testing and Materials specification for aviation turbine
fuel.
Effective date
In general
Except as provided in paragraph (2), the amendments made by this section shall apply to fuel produced, and sold or used, after the date of the enactment of this Act.
Uniform treatment of diesel produced from biomass
The amendments made by subsection (b) shall apply to fuel produced, and sold or used, after the date which is 30 days after the date of the enactment of this Act.
Oil and gas provisions
Expensing for crude oil refineries
In general
Subsection (c) of section 179C of the Internal Revenue Code of 1986 (relating to election to expense certain refineries) is amended by adding at the end the following new paragraph:
Extension to certain facilities
The term qualified refinery property shall also mean any refinery or portion of a refinery—
the original use of which commences with the taxpayer,
the construction of which—
except as provided in clause (ii), is subject to a binding construction contract entered into after December 31, 2008, and before January 1, 2015, but only if there was no written binding construction contract entered into before January 1, 2009, or
in the case of self-constructed property, began after December 31, 2008, and
which is placed in service by the taxpayer after the date of the enactment of this paragraph and before January 1, 2020.
.
Extension of suspension of taxable income limit on percentage depletion for oil and natural gas produced from marginal properties
In general
Subparagraph (H) of
section 613A(c)(6) is amended by striking January 1, 2008
and
inserting January 1, 2012
.
Effective date
The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2007.
Increase in depletion rate for marginal oil or gas production
Base rate
Clause (i) of section
613A(c)(6)(C) of the Internal Revenue Code of 1986 is amended by striking
15 percent
and inserting 20 percent
.
Maximum rate
Section 613A(c)(6)(C) of
such Code is amended by striking 25 percent
and inserting
30 percent
.
Reference price
Section 613A(c)(6)(C)(ii) of such Code is amended by
striking $20
and inserting $40
.
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2007.
Suspension of taxable income limitation on percentage depletion
In general
The first sentence of
paragraph (1) of section 613A(d) of the Internal Revenue Code of 1986 (relating
to limitation based on taxable income) is amended by striking The
deduction
and inserting In the case of taxable years beginning
before January 1, 2008, or after December 31, 2011, the
deduction
.
Effective date
The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2007.
Study on fair and transparent fuel pricing
Study
The Federal Trade Commission shall conduct a study to determine—
the effects on
competitive gasoline pricing of State guaranteed profit laws, also known as
minimum mark-up
or below cost sales
statutes;
and
the effect of credit card processing fees on gasoline costs to consumers.
Report
Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall transmit to Congress a report on the findings of the study conducted pursuant to subsection (a) and shall publish such report on the Commission’s Internet website.
Carbon capture and sequestration
Expansion and modification of advanced coal project investment credit
Modification of credit amount
Section 48A(a) (relating to qualifying advanced
coal project credit) is amended by striking and
at the end of
paragraph (1), by striking the period at the end of paragraph (2) and inserting
, and
, and by adding at the end the following the
paragraph:
30 percent of the qualified investment for such taxable year in the case of projects described in clauses (iii) or (iv) of subsection (d)(3)(B).
.
Expansion of aggregate credits
Section 48A(d)(3)(A) (relating to aggregate
credits) is amended by striking $1,300,000,000
and inserting
$1,500,000,000
.
Authorization of Additional Projects
In general
Subparagraph (B) of section 48A(d)(3) (relating to aggregate credits) is amended to read as follows:
Particular projects
Of the dollar amount in subparagraph (A), the Secretary is authorized to certify—
$500,000,000 for advanced coal electricity projects the application for which is submitted during the period described in paragraph (2)(A)(i),
$500,000,000 for coal gasification projects the application for which is submitted during the period described in paragraph (2)(A)(i), and
$500,000,000 for coal to liquid facilities which can demonstrate that the facility would capture and sequester at least 65 percent of the facility’s carbon dioxide emissions, the application for which is submitted during the period described in paragraph (2)(A)(ii).
.
Application period for additional projects
Subparagraph (A) of section 48A(d)(2) (relating to certification) is amended to read as follows:
Application period
Each applicant for certification under this paragraph shall submit an application meeting the requirements of subparagraph (B). An applicant may only submit an application—
for an allocation from the dollar amount specified in clause (i) or (ii) of paragraph (3)(A) during the 3-year period beginning on the date the Secretary establishes the program under paragraph (1), and
for an allocation from the dollar amount specified in clause (iii) or (iv) of paragraph (3)(A) during the 3-year period beginning at the earlier of the termination of the period described in clause (i) or the date prescribed by the Secretary.
.
Capture and sequestration of carbon dioxide emissions requirement
In general
Section 48A(e)(1) (relating to requirements) is amended
by striking and
at the end of subparagraph (E), by striking the
period at the end of subparagraph (F) and inserting ; and
, and
by adding at the end the following new subparagraph:
in the case of any project the application for which is submitted during the period described in subsection (d)(2)(A)(ii), the project includes equipment which separates and sequesters at least 65 percent (70 percent in the case of an application for reallocated credits under subsection (d)(4)) of such project's total carbon dioxide emissions.
.
Highest priority for projects which sequester carbon dioxide emissions
Section
48A(e)(3) is amended by striking and
at the end of subparagraph
(A)(iii), by striking the period at the end of subparagraph (B)(3) and
inserting , and
, and by adding at the end the following new
subparagraph:
give highest priority to projects with the greatest separation and sequestration percentage of total carbon dioxide emissions.
.
Recapture of credit for failure to sequester
Section 48A (relating to qualifying advanced coal project credit) is amended by adding at the end the following new subsection:
Recapture of credit for failure to sequester
The Secretary shall provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any project which fails to attain or maintain the separation and sequestration requirements of subsection (e)(1)(G).
.
Additional priority for research partnerships
Section 48A(e)(3)(B), as amended by paragraph (3)(B), is amended—
by striking
and
at the end of clause (ii),
by redesignating clause (iii) as clause (iv), and
by inserting after clause (ii) the following new clause:
applicant participants who have a research partnership with an eligible educational institution (as defined in section 529(e)(5)), and
.
Clerical amendment
Section 48A(e)(3) is amended by striking
integrated gasification
combined cycle
in the heading and inserting
certain
.
Competitive certification awards modification authority
Section 48A (relating to qualifying advanced coal project credit), as amended by subsection (c)(3), is amended by adding at the end the following new subsection:
Competitive certification awards modification authority
In implementing this section or section 48B, the Secretary is directed to modify the terms of any competitive certification award and any associated closing agreement where such modification—
is consistent with the objectives of such section,
is requested by the recipient of the competitive certification award, and
involves moving the project site to improve the potential to capture and sequester carbon dioxide emissions, reduce costs of transporting feedstock, and serve a broader customer base,
.
Effective dates
In general
Except as otherwise provided in this subsection, the amendments made by this section shall apply to credits the application for which is submitted during the period described in section 48A(d)(2)(A)(ii) of the Internal Revenue Code of 1986 and which are allocated or reallocated after the date of the enactment of this Act.
Competitive certification awards modification authority
The amendment made by subsection (d) shall take effect on the date of the enactment of this Act and is applicable to all competitive certification awards entered into under section 48A or 48B of the Internal Revenue Code of 1986, whether such awards were issued before, on, or after such date of enactment.
Technical amendment
The amendment made by subsection (c)(5) shall take effect as if included in the amendment made by section 1307(b) of the Energy Tax Incentives Act of 2005.
American-Made Energy Trust Fund
Establishment of American-Made Energy Trust Fund
Creation of trust fund
Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by inserting at the end the following new section:
American-Made Energy Trust Fund
Establishment of Trust Fund
There is established in the Treasury of the United
States a trust fund to be known as the American-Made Energy Trust
Fund
, consisting of such amounts as may be appropriated or credited to
the American-Made Energy Trust Fund as provided in this section or section
9602(b).
Transfers to Trust Fund
There are hereby appropriated to the American-Made Energy Trust Fund amounts required to be transferred under section 308 of the American-Made Energy Act of 2008 and under section 8(g)(6) of the Outer Continental Shelf Lands Act (as added by section 703 of the American-Made Energy Act of 2008).
Expenditures from American-Made Energy Trust Fund
As provided by appropriation Acts, amounts in the American-Made Energy Trust Fund shall be available in any year for transfer to the general fund of the Treasury to offset any reduction in revenue to the United States that the Secretary estimates results from the amendments made by the American-Made Energy Act of 2008.
.
Clerical amendment
The table of sections for subchapter A of chapter 98 of such Code is amended by inserting at the end the following new item:
Sec. 9511. American-Made Energy Trust Fund.
.
Effective date
The amendments made by this section shall apply after the date of the enactment of this Act.
Development of oil and gas resources of the Coastal Plain of Alaska
Definitions
In this title:
Coastal Plain
The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.
Secretary
The term Secretary, except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee.
Leasing program for lands within the Coastal Plain
In general
The Secretary shall take such actions as are necessary—
to establish and implement, in accordance with this title and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and
to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.
Repeal
Repeal
Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
Conforming amendment
The table of contents in section 1 of such Act is amended by striking the item relating to section 1003.
Compliance with requirements under certain other laws
Compatibility
For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination.
Adequacy of the Department of the Interior’s legislative environmental impact statement
The Final Legislative Environmental Impact
Statement
(April 1987) on the Coastal Plain prepared pursuant to
section 1002 of the Alaska National Interest Lands Conservation Act of 1980 (16
U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the
National Environmental Policy Act of 1969 that apply with respect to prelease
activities, including actions authorized to be taken by the Secretary to
develop and promulgate the regulations for the establishment of a leasing
program authorized by this title before the conduct of the first lease
sale.
Compliance with NEPA for other actions
Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this title that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this title shall be completed within 18 months after the date of enactment of this title. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title.
Relationship to State and local authority
Nothing in this title shall be considered to expand or limit State and local regulatory authority.
Special areas
In general
The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres.
Management
Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values.
Exclusion from leasing or surface occupancy
The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area.
Directional drilling
Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases located outside the Special Area.
Limitation on closed areas
The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this title.
Regulations
In general
The Secretary shall prescribe such regulations as may be necessary to carry out this title, including rules and regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this title.
Revision of regulations
The Secretary shall periodically review and, if appropriate, revise the rules and regulations issued under subsection (a) to reflect any significant biological, environmental, or engineering data that come to the Secretary’s attention.
Lease sales
In general
Lands may be leased pursuant to this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
Procedures
The Secretary shall, by regulation, establish procedures for—
receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;
the holding of lease sales after such nomination process; and
public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.
Lease sale bids
Bidding for leases under this title shall be by sealed competitive cash bonus bids.
Acreage minimum in first sale
In the first lease sale under this title, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres.
Timing of lease sales
The Secretary shall—
conduct the first lease sale under this title within 22 months after the date of the enactment of this title; and
conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales.
Grant of leases by the Secretary
In general
The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 303 any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary.
Subsequent transfers
No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General.
Lease terms and conditions
In general
An oil or gas lease issued pursuant to this title shall—
provide for the payment of a royalty of not less than 12½ percent in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases;
provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife;
require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;
provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary;
provide that the standard of reclamation for lands required to be reclaimed under this title shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as approved by the Secretary;
contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 302(a)(2);
provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State; and
contain such other provisions as the Secretary determines necessary to ensure compliance with the provisions of this title and the regulations issued under this title.
Project labor agreements
The Secretary, as a term and condition of each lease under this title and in recognizing the Government’s proprietary interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this title and the special concerns of the parties to such leases, shall require that the lessee and its agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease.
Coastal plain environmental protection
No significant adverse effect standard To govern authorized Coastal Plain activities
The Secretary shall, consistent with the requirements of section 302, administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that—
ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment;
require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and
ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain.
Site-specific assessment and mitigation
The Secretary shall also require, with respect to any proposed drilling and related activities, that—
a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment;
a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and
the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan.
Regulations to protect coastal plain fish and wildlife resources, subsistence users, and the environment
Before implementing the leasing program authorized by this title, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title.
Compliance with Federal and State environmental laws and other requirements
The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:
Standards at least
as effective as the safety and environmental mitigation measures set forth in
items 1 through 29 at pages 167 through 169 of the Final Legislative
Environmental Impact Statement
(April 1987) on the Coastal
Plain.
Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration.
That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain.
Design safety and construction standards for all pipelines and any access and service roads, that—
minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and
minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.
Prohibitions on general public access and use on all pipeline access and service roads.
Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this title, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.
Appropriate prohibitions or restrictions on access by all modes of transportation.
Appropriate prohibitions or restrictions on sand and gravel extraction.
Consolidation of facility siting.
Appropriate prohibitions or restrictions on use of explosives.
Avoidance, to the extent practicable, of springs, streams, and river system; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling.
Avoidance or minimization of air traffic-related disturbance to fish and wildlife.
Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law.
Fuel storage and oil spill contingency planning.
Research, monitoring, and reporting requirements.
Field crew environmental briefings.
Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.
Compliance with applicable air and water quality standards.
Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.
Reasonable stipulations for protection of cultural and archeological resources.
All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.
Considerations
In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following:
The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement.
The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in Appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.
Facility consolidation planning
In general
The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources.
Objectives
The plan shall have the following objectives:
Avoiding unnecessary duplication of facilities and activities.
Encouraging consolidation of common facilities and activities.
Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment.
Utilizing existing facilities wherever practicable.
Enhancing compatibility between wildlife values and development activities.
Access to public lands
The Secretary shall—
manage public lands in the Coastal Plain subject to subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and
ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.
Expedited judicial review
Filing of complaint
Deadline
Subject to paragraph (2), any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title shall be filed—
except as provided in subparagraph (B), within the 90-day period beginning on the date of the action being challenged; or
in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint.
Venue
Any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title may be filed only in the United States Court of Appeals for the District of Columbia.
Limitation on scope of certain review
Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with the terms of this title and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.
Limitation on other review
Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.
Federal and State distribution of revenues
In general
Notwithstanding any other provision of law, of the amount of adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title—
50 percent shall be paid to the State of Alaska; and
except as provided in section 311(d), the balance shall be transferred to the American-Made Energy Trust Fund.
Payments to Alaska
Payments to the State of Alaska under this section shall be made semiannually.
Rights-of-way across the Coastal Plain
In general
The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas—
except as provided in paragraph (2), under section 28 of the Mineral Leasing Act (30 U.S.C. 185), without regard to title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.); and
under title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171).
Terms and conditions
The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.
Regulations
The Secretary shall include in regulations under section 302(g) provisions granting rights-of-way and easements described in subsection (a) of this section.
Conveyance
In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding the provisions of section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall convey—
to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation effective January 22, 1993; and
to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.
Local government impact aid and community service assistance
Financial assistance authorized
In general
The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2) and that are directly impacted by the exploration for or production of oil and gas on the Coastal Plain under this title.
Eligible entities
The North Slope Borough, the City of Kaktovik, and any other borough, municipal subdivision, village, or other community in the State of Alaska that is directly impacted by exploration for, or the production of, oil or gas on the Coastal Plain under this title, as determined by the Secretary, shall be eligible for financial assistance under this section.
Use of assistance
Financial assistance under this section may be used only for—
planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence values;
implementing mitigation plans and maintaining mitigation projects;
developing, carrying out, and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including fire-fighting, police, water, waste treatment, medivac, and medical services; and
establishment of a coordination office, by the north slope borough, in the city of kaktovik, which shall—
coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; and
provide to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report on the status of coordination between developers and the communities affected by development.
Application
In general
Any community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation.
North Slope Borough communities
A community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough.
Application assistance
The Secretary shall work closely with and assist the North Slope Borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section.
Establishment of fund
In general
There is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund.
Use
Amounts in the fund may be used only for providing financial assistance under this section.
Deposits
Subject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from rents, bonuses, and royalties from Federal leases and lease sales authorized under this title.
Limitation on deposits
The total amount in the fund may not exceed $11,000,000.
Investment of balances
The Secretary of the Treasury shall invest amounts in the fund in interest bearing government securities.
Authorization of appropriations
To provide financial assistance under this section there is authorized to be appropriated to the Secretary from the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal year.
Coal-to-Liquid Fuel Promotion
Strategic Petroleum Reserve
Development, operation, and maintenance of Reserve
Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is amended—
by redesignating subsections (f), (g), (j), (k), and (l) as subsections (a), (b), (e), (f), and (g), respectively; and
by inserting after subsection (b) (as redesignated by paragraph (1)) the following:
Study of maintaining coal-to-liquid products in Reserve
Not later than 1 year after the date of enactment of the American-Made Energy Act of 2008, the Secretary and the Secretary of Defense shall—
conduct a study of the feasibility and suitability of maintaining coal-to-liquid products in the Reserve; and
submit to the Committee on Energy and Natural Resources and the Committee on Armed Services of the Senate and the Committee on Energy and Commerce and the Committee on Armed Services of the House of Representatives a report describing the results of the study.
Construction of storage facilities
As soon as practicable after the date of enactment of the American-Made Energy Act of 2008, the Secretary may construct 1 or more storage facilities—
in the vicinity of pipeline infrastructure and at least 1 military base; but
outside the boundaries of any State on the coast of the Gulf of Mexico.
.
Petroleum products for storage in Reserve
Section 160 of the Energy Policy and Conservation Act (42 U.S.C. 6240) is amended—
in subsection (a)—
in paragraph (1), by inserting a semicolon at the end;
in paragraph (2), by striking
and
at the end;
in paragraph (3), by striking the period at
the end and inserting ; and
; and
by adding at the end the following:
coal-to-liquid fuel (as defined in section 404 of the American-Made Energy Act of 2008), as the Secretary determines to be appropriate, in a quantity not to exceed 20 percent of the total quantity of petroleum products in the Reserve.
;
in subsection (b), by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and
by redesignating subsections (f) and (h) as subsections (d) and (e), respectively.
Conforming amendments
Section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247) is amended—
in subsection (b)—
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and
in paragraph (2) (as redesignated by
subparagraph (A)), by striking section 160(f)
and inserting
section 160(e)
; and
in subsection (d), in the matter preceding
paragraph (1), by striking section 160(f)
and inserting
section 160(e)
.
Procurement of unconventional fuels by the Department of Defense
Section 2398a of title 10, United States Code, is amended—
in subsection (b)—
by striking The Secretary
and inserting (1) The Secretary
;
by inserting after
covered fuel
the following: , biobased fuel, or
coal-to-liquid fuel
; and
by adding at the end the following:
The Secretary of Defense may enter into contracts or other agreements with private companies or other entities to develop and operate qualified coal-to-liquid facilities (as defined in section 404 of the American-Made Energy Act of 2008) on or near military installations.
In entering into contracts and other agreements under subparagraph (A), the Secretary shall consider land availability, testing opportunities, and proximity to raw materials.
;
in subsection (d)—
by inserting after
covered fuel
the following: biobased fuel, or
coal-to-liquid fuel
; and
by striking
1 or more years
and inserting up to 25 years
;
and
by adding at the end the following:
Definitions
In this section:
The term coal-to-liquid fuel means a fuel produced from a coal-to-liquid process or technology in a qualified coal-to-liquid facility (as defined in section 404 of American-Made Energy Act of 2008.
The term coal-to-liquid means a proces within the meaning of section 404 of the American-Made Energy Act of 2008.
.
Government auction of long term put option contracts on coal-to-liquid fuel produced by qualified coal-to-liquid facilities
In general
The Secretary shall, from time to time, auction to the public coal-to-liquid fuel put option contracts having expiration dates of 5 years, 10 years, 15 years, or 20 years.
Consultation with secretary of energy
The Secretary shall consult with the Secretary of Energy regarding—
the frequency of the auctions;
the strike prices specified in the contracts;
the number of contracts to be auctioned with a given strike price and expiration date; and
the capacity of existing or planned facilities to produce coal-to-liquid fuel.
Definitions
In this section:
Coal-to-liquid put option contract
The term coal-to-liquid put option contract means a contract, written by the Secretary, which—
gives the holder the right (but not the obligation) to sell to the Government of the United States a certain quantity of a specific type of coal-to-liquid fuel produced by a qualified coal-to-liquid facility specified in the contract, at a strike price specified in the contract, on or before an expiration date specified in the contract; and
is transferable by the holder to any other entity.
Secretary
The term Secretary means the Secretary of the Treasury.
Strike price
The term strike price means, with respect to a put option contract, the price at which the holder of the contract has the right to sell the fuel which is the subject of the contract.
Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out this section.
Effective date
This section shall take effect 1 year after the date of the enactment of this Act.
Definitions
For purposes of this title (except as otherwise provided)—
Coal-to-liquid fuel
The term coal-to-liquid fuel means any transportation-grade liquid fuel derived primarily from coal (including peat) and produced at a qualified coal-to-liquid facility.
Qualified coal-to-liquid facility
The term qualified coal-to-liquid facility means a manufacturing facility that has the capacity to produce at least 10,000 barrels per day of transportation grade liquid fuels from a feedstock that is primarily domestic coal (including peat and any property which allows for the capture, transportation, or sequestration of by-products resulting from such process, including carbon emissions).
Secretary
The term Secretary means the Secretary of Energy.
Biofuel Program
Grants for cellulosic ethanol production
Subsection (s) of section 211 of the Clean Air Act (as added by section 1512 of the Energy Policy Act of 2005) (and as redesignated by section 9307 of this Act), relating to conversion assistance for cellulosic biomass, waste-derived ethanol, and approved renewable fuels, is amended as follows:
By adding the following new subparagraphs at the end of paragraph (3):
$500,000,000 for fiscal year 2009.
$500,000,000 for fiscal year 2010.
.
By adding the following new paragraph at the end thereof:
Criteria
In awarding grants under this section, the Secretary shall give priority to applications that promote feedstock diversity and the geographic dispersion of production facilities.
.
Loan guarantees for biorefineries and biofuel production plants
Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended—
in the section
heading, by inserting ; loan
guarantees for biorefineries and biofuel production
plants
after grants
;
in subsection
(b)(2)(A), by striking and
the 1st place it appears and
inserting or
;
in subsection (c), by redesignating subsection (h ) as subsection (i) and subsections (d) through (g) as subsections (e) through (h ), respectively, and inserting after subsection (c) the following:
Loan Guarantees
In general
The Secretary shall make loan guarantees to eligible entities to assist in paying the cost of development and construction of biorefineries and biofuel production plants (including retrofitting) to carry out projects to demonstrate the commercial viability of 1 or more processes for converting biomass to fuels or chemicals.
Limitations
Maximum percentage of loan guaranteed
A loan guarantee under paragraph (1) shall be for not more than 90 percent of the principal and interest due on the loan.
Total amounts guaranteed
The total amount of principal and interest guaranteed under paragraph (1) shall not exceed—
$600,000,000, in the case of loans valued at not more than $100,000,000; or
$1,000,000,000, in the case of loans valued at more than $100,000,000 but not more than $250,000,000.
Maximum term of loan guaranteed
The Secretary shall determine the maximum term of a loan guarantee provided under paragraph (1).
;
in subsection (f) (as so redesignated)—
in paragraph (1),
by inserting and loan guarantees under subsection (d)
after
(c)
;
in paragraph
(2)(A), by inserting or loan guarantees under subsection (d)
after (c)
;
in paragraph (2)(B)—
by
striking and
at the end of clause (viii);
by
striking the period at the end of clause (ix) and inserting ;
and
; and
by adding at the end the following:
The level of local ownership.
; and
by adding at the end the following:
Priority in awarding loan guarantees
In selecting projects to receive loan guarantees under subsection (d), the Secretary shall give priority to projects based on the criteria set forth in paragraph (2)(B) of this subsection.
;
in subsection (i),
by striking 2007
and inserting 2012
; and
by adding at the end the following new subsections:
Additional Funding for Loan Guarantees
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section—
$50,000,000 for fiscal year 2008;
$65,000,000 for fiscal year 2009;
$75,000,000 for fiscal year 2010;
$150,000,000 for fiscal year 2011; and
$250,000,000 for fiscal year 2012.
Continuation of Operations
Funding
The Secretary shall continue to carry out this section at the rate of operation in effect on September 30, 2012, from sums in the Treasury not otherwise appropriated, through September 30, 2017.
Authority
The program and authorities provided under this section shall continue in force and effect through September 30, 2017.
.
Biomass Research and Development Act of 2000
Restatement, Extension, and Increased Funding of Act
Section 9008 of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171; 116 Stat. 486) is amended to read as follows:
Biomass Research and Development Act of 2000
Short title
This section may be
cited as the Biomass Research and
Development Act of 2000
.
Findings
Congress finds that—
conversion of biomass into biobased industrial products offers outstanding potential for benefit to the national interest through—
improved strategic security and balance of payments;
healthier rural economies;
improved environmental quality;
near-zero net greenhouse gas emissions;
technology export; and
sustainable resource supply;
the key technical challenges to be overcome in order for biobased industrial products to be cost-competitive are finding new technology and reducing the cost of technology for converting biomass into desired biobased industrial products;
biobased fuels have the clear potential to be sustainable, low cost, and high performance fuels that are compatible with both current and future transportation systems and provide near-zero net greenhouse gas emissions;
biobased chemicals have the clear potential for environmentally benign product life cycles;
biobased power can—
provide environmental benefits;
promote rural economic development; and
diversify energy resource options;
many biomass feedstocks suitable for industrial processing show the clear potential for sustainable production, in some cases resulting in improved soil fertility and carbon sequestration;
grain processing mills are biorefineries that produce a diversity of useful food, chemical, feed, and fuel products; and
technologies that result in further diversification of the range of value-added biobased industrial products can meet a key need for the grain processing industry;
cellulosic feedstocks are attractive because of their low cost and widespread availability; and
research resulting in cost-effective technology to overcome the recalcitrance of cellulosic biomass would allow biorefineries to produce fuels and bulk chemicals on a very large scale, with a commensurately large realization of the benefit described in paragraph (1);
research into the fundamentals to understand important mechanisms of biomass conversion can be expected to accelerate the application and advancement of biomass processing technology by—
increasing the confidence and speed with which new technologies can be scaled up; and
giving rise to processing innovations based on new knowledge;
the added utility of biobased industrial products developed through improvements in processing technology would encourage the design of feedstocks that would meet future needs more effectively;
the creation of value-added biobased industrial products would create new jobs in construction, manufacturing, and distribution, as well as new higher-valued exports of products and technology;
because of the relatively short-term time horizon characteristic of private sector investments, and because many benefits of biomass processing are in the national interest, it is appropriate for the Federal Government to provide precommercial investment in fundamental research and research-driven innovation in the biomass processing area; and
such an investment would provide a valuable complement to ongoing and past governmental support in the biomass processing area; and
several prominent studies, including studies by the President's Committee of Advisors on Science and Technology and the National Research Council—
support the potential for large research-driven advances in technologies for production of biobased industrial products as well as associated benefits; and
document the need for a focused, integrated, and innovation-driven research effort to provide the appropriate progress in a timely manner.
Definitions
In this section:
Advisory committee
The term Advisory Committee means the Biomass Research and Development Technical Advisory Committee established by this section.
Biobased fuel
The term biobased fuel means any transportation or heating fuel produced from biomass.
Biobased product
The term biobased product means an industrial product (including chemicals, materials, and polymers) produced from biomass, or a commercial or industrial product (including animal feed and electric power) derived in connection with the conversion of biomass to fuel.
Biomass
The term biomass means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials.
Board
The term Board means the Biomass Research and Development Board established by this section.
Demonstration
The term demonstration means demonstration of technology in a pilot plant or semi-works scale facility.
Initiative
The term Initiative means the Biomass Research and Development Initiative established under this section.
Institution of higher education
The term institution of higher education has the meaning given the term in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).
National laboratory
The term National Laboratory has the meaning given that term in section 2 of the Energy Policy Act of 2005.
Point of contact
The term point of contact means a point of contact designated under this section.
Cooperation and coordination in biomass research and development
In general
The Secretary of Agriculture and the Secretary of Energy shall cooperate with respect to, and coordinate, policies and procedures that promote research and development leading to the production of biobased fuels and biobased products.
Points of Contact
In general
To coordinate research and development programs and activities relating to biobased fuels and biobased products that are carried out by their respective Departments—
the Secretary of Agriculture shall designate, as the point of contact for the Department of Agriculture, an officer of the Department of Agriculture appointed by the President to a position in the Department before the date of the designation, by and with the advice and consent of the Senate; and
the Secretary of Energy shall designate, as the point of contact for the Department of Energy, an officer of the Department of Energy appointed by the President to a position in the Department before the date of the designation, by and with the advice and consent of the Senate.
Duties
The points of contact shall jointly—
assist in arranging interlaboratory and site-specific supplemental agreements for research and development projects relating to biobased fuels and biobased products;
serve as cochairpersons of the Board;
administer the Initiative; and
respond in writing to each recommendation of the Advisory Committee made under subsection (f).
Biomass research and development board
Establishment
There is established the Biomass Research and Development Board, which shall supersede the Interagency Council on Biobased Products and Bioenergy established by Executive Order No. 13134, to coordinate programs within and among departments and agencies of the Federal Government for the purpose of promoting the use of biobased fuels and biobased products by—
maximizing the benefits deriving from Federal grants and assistance; and
bringing coherence to Federal strategic planning.
Membership
The Board shall consist of—
the point of contact of the Department of Energy designated under subsection (d), who shall serve as cochairperson of the Board;
the point of contact of the Department of Agriculture designated under subsection (d), who shall serve as cochairperson of the Board;
a senior officer of each of the Department of the Interior, the Environmental Protection Agency, the National Science Foundation, and the Office of Science and Technology Policy, each of whom shall—
be appointed by the head of the respective agency; and
have a rank that is equivalent to the rank of the points of contact; and
at the option of the Secretary of Agriculture and the Secretary of Energy, other members appointed by the Secretaries (after consultation with the members described in subparagraphs (A) through (C)).
Duties
The Board shall—
coordinate research and development activities relating to biobased fuels and biobased products—
between the Department of Agriculture and the Department of Energy; and
with other departments and agencies of the Federal Government;
provide recommendations to the points of contact concerning administration of this title;
ensure that—
solicitations are open and competitive with awards made annually; and
objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest; and
ensure that the panel of scientific and technical peers assembled under subsection (g) to review proposals is composed predominantly of independent experts selected from outside the Departments of Agriculture and Energy.
Funding
Each agency represented on the Board is encouraged to provide funds for any purpose under this section.
Meetings
The Board shall meet at least quarterly to enable the Board to carry out the duties of the Board under paragraph (3).
Biomass research and development technical advisory committee
Establishment
There is established the Biomass Research and Development Technical Advisory Committee, which shall supersede the Advisory Committee on Biobased Products and Bioenergy established by Executive Order No. 13134—
to advise the Secretary of Energy, the Secretary of Agriculture, and the points of contact concerning—
the technical focus and direction of requests for proposals issued under the Initiative; and
procedures for reviewing and evaluating the proposals;
to facilitate consultations and partnerships among Federal and State agencies, agricultural producers, industry, consumers, the research community, and other interested groups to carry out program activities relating to the Initiative; and
to evaluate and perform strategic planning on program activities relating to the Initiative.
Membership
In general
The Advisory Committee shall consist of—
an individual affiliated with the biofuels industry;
an individual affiliated with the biobased industrial and commercial products industry;
an individual affiliated with an institution of higher education who has expertise in biobased fuels and biobased products;
two prominent engineers or scientists from government or academia who have expertise in biobased fuels and biobased products;
an individual affiliated with a commodity trade association;
2 individuals affiliated with an environmental or conservation organization;
an individual associated with State government who has expertise in biobased fuels and biobased products;
an individual with expertise in energy and environmental analysis;
an individual with expertise in the economics of biobased fuels and biobased products;
an individual with expertise in agricultural economics;
an individual with expertise in agronomy, crop science, or soil science; and
at the option of the points of contact, other members.
Appointment
The members of the Advisory Committee shall be appointed by the points of contact.
Duties
The Advisory Committee shall—
advise the points of contact with respect to the Initiative; and
evaluate whether, and make recommendations in writing to the Board to ensure that—
funds authorized for the Initiative are distributed and used in a manner that is consistent with the objectives, purposes, and considerations of the Initiative;
solicitations are open and competitive with awards made annually and that objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest;
the points of contact are funding proposals under this title that are selected on the basis of merit, as determined by an independent panel of scientific and technical peers predominantly from outside the Departments of Agriculture and Energy; and
activities under this section are carried out in accordance with this section.
Coordination
To avoid duplication of effort, the Advisory Committee shall coordinate its activities with those of other Federal advisory committees working in related areas.
Meetings
The Advisory Committee shall meet at least quarterly to enable the Advisory Committee to carry out the duties of the Advisory Committee.
Terms
Members of the Advisory Committee shall be appointed for a term of 3 years, except that—
one-third of the members initially appointed shall be appointed for a term of 1 year; and
one-third of the members initially appointed shall be appointed for a term of 2 years.
Biomass research and development initiative
In General
The Secretary of Agriculture and the Secretary of Energy, acting through their respective points of contact and in consultation with the Board, shall establish and carry out a Biomass Research and Development Initiative under which competitively awarded grants, contracts, and financial assistance are provided to, or entered into with, eligible entities to carry out research on, and development and demonstration of, biobased fuels and biobased products, and the methods, practices and technologies, for their production.
Objectives
The objectives of the Initiative are to develop—
technologies and processes necessary for abundant commercial production of biobased fuels at prices competitive with fossil fuels;
high-value biobased products—
to enhance the economic viability of biobased fuels and power;
as substitutes for petroleum-based feedstocks and products; and
to enhance the value of coproducts arise from such technologies and processes; and
a diversity of sustainable domestic sources of biomass for conversion to biobased fuels and biobased products.
Purposes
The purposes of the Initiative are—
to increase the energy security of the United States;
to create jobs and enhance the economic development of the rural economy;
to enhance the environment and public health; and
to diversify markets for raw agricultural and forestry products.
Technical Areas
To advance the objectives and purposes of the Initiative,
the Secretary of Agriculture and the Secretary of Energy, in consultation with
the Administrator of the Environmental Protection Agency and heads of other
appropriate departments and agencies (referred to in this subsection as the
Secretaries
), shall direct research, development, and commercial
applications toward—
feedstocks and feedstock systems relevant to production of raw materials for conversion to biobased fuels and biobased products, including—
development of advanced and dedicated crops and other biomass sources with desired features, including enhanced productivity, broader site range, low requirements for chemical inputs, and enhanced processing;
advanced crop production methods to achieve the features described in clause (i);
feedstock harvest, handling, transport, and storage;
strategies for integrating feedstock production into existing managed land; and
improving the value and quality of coproducts, including materials used for animal feeding;
overcoming recalcitrance of cellulosic biomass through developing technologies for converting cellulosic biomass into intermediates that can subsequently be converted into biobased fuels and biobased products, including—
pretreatment in combination with enzymatic or microbial hydrolysis;
thermochemical approaches, including gasification and pyrolysis; and
self-processing crops that express enzymes capable of degrading cellulosic biomass;
product diversification through technologies relevant to production of a range of biobased products (including chemicals, animal feeds, and cogenerated power) that eventually can increase the feasibility of fuel production in a biorefinery, including—
catalytic processing, including thermochemical fuel production;
metabolic engineering, enzyme engineering, and fermentation systems for biological production of desired products, coproducts, or cogeneration of power;
product recovery;
power production technologies;
integration into existing biomass processing facilities, including starch ethanol plants, sugar processing or refining plants, paper mills, and power plants; and
enhancement of products and coproducts, including dried distillers grains (including substantially elevated starch content, increased oil content, improved fatty acid profiles, and improved resistance to mold and mycotoxins;
analysis that provides strategic guidance for the application of biomass technologies in accordance with realization of improved sustainability and environmental quality, cost effectiveness, security, and rural economic development, usually featuring system-wide approaches;
the improvement and development of analytical tools to facilitate the analysis of life-cycle energy and greenhouse gas emissions, including emissions related to direct and indirect land use changes, attributable to all potential biofuel feedstocks and production processes; and
the systematic evaluation of the impact of expanded biofuel production on the environment, including forest lands, and on the food supply for humans and animals.
Additional Considerations
Within the technical areas described in paragraph (4), and in addition to advancing the purposes described in paragraph (3) and the objectives described in paragraph (2), the Secretaries shall support research and development—
to create continuously expanding opportunities for participants in existing biofuels production by seeking synergies and continuity with current technologies and practices, such as improvements in dried distillers grains as a bridge feedstock;
to maximize the environmental, economic, and social benefits of production of biobased fuels and biobased products on a large scale through life-cycle economic and environmental analysis and other means;
to assess the potential of Federal land and land management programs as feedstock resources for biobased fuels and biobased products, consistent with the integrity of soil and water resources and with other environmental considerations; and
to facilitate small-scale production, local, and on-farm use of biofuels, including the development of small-scale gasification technologies for production of biofuel from cellulosic feedstocks.
Eligible Entities
To be eligible for a grant, contract, or assistance under this subsection, an applicant shall be—
an institution of higher education;
a National Laboratory;
a Federal research agency;
a State research agency;
a private sector entity;
a nonprofit organization; or
a consortium of two or more entities described in subparagraphs (A) through (F).
Administration
In general
After consultation with the Board, the points of contact shall—
publish annually one or more joint requests for proposals for grants, contracts, and assistance under this subsection;
require that grants, contracts, and assistance under this section be awarded competitively, on the basis of merit, after the establishment of procedures that provide for scientific peer review by an independent panel of scientific and technical peers; and
give some preference to applications that—
involve a consortia of experts from multiple institutions;
encourage the integration of disciplines and application of the best technical resources; and
increase the geographic diversity of demonstration projects.
Distribution of funding by technical area
Of the funds authorized to be appropriated for activities described in this subsection, funds shall be distributed for each of fiscal years 2007 through 2012 so as to achieve an approximate distribution of—
20 percent of the funds to carry out activities for feedstock production under paragraph (4)(A);
45 percent of the funds to carry out activities for overcoming recalcitrance of cellulosic biomass under paragraph (4)(B), of which not less than 10 percent shall be used for activities referred to in each clause of paragraph (4)(B);
30 percent of the funds to carry out activities for product diversification under paragraph (4)(C); and
5 percent of the funds to carry out activities for strategic guidance under paragraph (4)(D).
Distribution of funding within each technical area
Within each technical area described in subparagraphs (A) through (C) of paragraph (4), funds shall be distributed for each of fiscal years 2007 through 2012 so as to achieve an approximate distribution of—
15 percent of the funds for applied fundamentals;
35 percent of the funds for innovation; and
50 percent of the funds for demonstration and commercial applications.
Matching funds
In general
A minimum 20 percent funding match shall be required for demonstration projects under this section.
Commercial applications
A minimum of 50 percent funding match shall be required for commercial application projects under this section.
Technology and information transfer to agricultural users
The Administrator of the Cooperative State Research, Education, and Extension Service and the Chief of the Natural Resources Conservation Service shall ensure that applicable research results and technologies from the Initiative are adapted, made available, and disseminated through those services, as appropriate.
Administrative support and funds
In General
To the extent administrative support and funds are not provided by other agencies under paragraph (2)(b), the Secretary of Energy and the Secretary of Agriculture may provide such administrative support and funds of the Department of Energy and the Department of Agriculture to the Board and the Advisory Committee as are necessary to enable the Board and the Advisory Committee to carry out their duties under this section.
Other Agencies
The heads of the agencies referred to in subsection (e)(2)(C), and the other members appointed under subsection (e)(2)(D), may, and are encouraged to, provide administrative support and funds of their respective agencies to the Board and the Advisory Committee.
Limitation
Not more than 4 percent of the amount appropriated for each fiscal year under subsection (g)(6) may be used to pay the administrative costs of carrying out this section.
Reports
Annual Reports
For each fiscal year for which funds are made available to carry out this section, the Secretary of Energy and the Secretary of Agriculture shall jointly submit to Congress a detailed report on—
the status and progress of the Initiative, including a report from the Advisory Committee on whether funds appropriated for the Initiative have been distributed and used in a manner that—
is consistent with the objectives, purposes, and additional considerations described in paragraphs (2) through (5) of subsection (g);
uses the set of criteria established in the initial report submitted under title III of the Agricultural Risk Protection Act of 2000;
achieves the distribution of funds described in subparagraphs (B) and (C) of subsection (g)(7); and
takes into account any recommendations that have been made by the Advisory Committee;
the general status of cooperation and research and development efforts carried out at each agency with respect to biobased fuels and biobased products, including a report from the Advisory Committee on whether the points of contact are funding proposals that are selected under subsection (g)(3)(B)(iii); and
the plans of the Secretary of Energy and the Secretary of Agriculture for addressing concerns raised in the report, including concerns raised by the Advisory Committee.
Updates
The Secretary and the Secretary of Energy shall update the Vision and Roadmap documents prepared for Federal biomass research and development activities.
Management plan
The Secretary shall every five years, in consultation with the Secretary of Energy, submit to Congress a detailed management plan for the implementation of this section. The management plan shall include—
consideration of the contribution of the section towards achieving the objectives referred to in paragraphs (2) and (3) of subsection (g) and in achieving the goals of the biomass program of the Department of Energy;
consideration of input solicited from the Advisory Committee, State, and private sources; and
specific and quantifiable near and long-term goals.
Funding
In general
Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available to carry out this section—
$35,000,000 for fiscal year 2008;
$60,000,000 for fiscal year 2009;
$75,000,000 for fiscal year 2010;
$100,000,000 for fiscal year 2011; and
$150,000,000 for fiscal year 2012.
Additional funding
In addition to amounts transferred under paragraph (1), there are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2006 through 2015.
.
Repeal
Title III of the Agricultural Risk Protection Act of 2000 (Public Law 106–224; 7 U.S.C. 8601 et seq.) is hereby repealed.
Management plan submission date
The first management plan required to be submitted under section 9008(i)(3) of the Biomass Research and Development Act of 2000, as added by subsection (a), shall be submitted not later than 180 days after the date of the enactment of this Act.
Forest bioenergy research program
Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is further amended by adding at the end the following new section:
Forest bioenergy research program
In General
The Secretary of Agriculture, working through the Forest Service, in cooperation with other Federal agencies, land grant colleges and universities, and private entities, shall conduct a competitive research and development program to encourage new forest-to-energy technologies. The Secretary may use grants, cooperative agreements, and other methods to partner with cooperating entities on projects that the Secretary determines shall best promote new forest-to-energy technologies.
Priority for Project Selection
The Secretary shall give priority to projects that—
develop technology and techniques to use low value forest materials, such as byproducts of forest health treatments and hazardous fuel reduction, for the production of energy;
develop processes for the conversion of cellulosic forest materials that integrate production of energy into existing manufacturing steams or in integrated forest biorefineries;
develop new transportation fuels that use forest materials as a feedstock for the production of such fuels; or
improve the of growth and yield of trees for the purpose of renewable energy and other forest product use.
Funding
Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available to carry out this section—
$4,000,000 for fiscal year 2008;
$6,000,000 for fiscal year 2009;
$7,000,000 for fiscal year 2010;
$9,000,000 for fiscal year 2011; and
$10,000,000 for fiscal year 2012.
.
Early action renewable fuel marketing
Administration
Section 211(o)(5) of the Clean Air Act (as amended by by Public Law 110–140) is amended by adding the following new subparagraph at the end thereof:
Use of early renewable fuel credits for advanced biofuel
Any person who generates credits for renewable fuel that exceed it annual obligation for renewable fuel and its obligation for renewable fuel during the 12 month period specified in subparagraph (C) may retain such credits and use the credits (on a volume equivalent basis) for the purpose of complying with such person’s obligation under paragraph (2) with respect to advanced biofuel in any future year (notwithstanding the 12-month limitation referred to in subparagraph (C)).
.
Effective date
The amendment made by subsection (a) shall take effect on January 1, 2009.
Alternative Vehicle Fuels
Credit for plug-in hybrid vehicles
In general
Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits), as amended by this Act, is amended by adding at the end the following new section:
Plug-in hybrid vehicles
Allowance of credit
There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the cost of any qualified plug-in hybrid vehicle placed in service by the taxpayer during the taxable year.
Limitations
Limitation per vehicle
The amount of the credit allowed under subsection (a) for any vehicle shall not exceed the sum of—
$4,000 in the case of a plug-in electric drive vehicle with 4kWh traction battery, and
$250 for each additional kWh of traction battery capacity of such vehicle as exceeds 4 kWh but does not exceed 50 kWh.
Application with other credits
Business credit treated as part of general business credit
So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this paragraph) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)).
Personal credits
The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of—
the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
the sum of the credits allowable under subpart A and subpart B (other than this section).
Qualified plug-In hybrid vehicle
For purposes of this section—
In general
The term qualified plug-in hybrid vehicle means a motor vehicle (as defined in section 30(c)(2))—
the original use of which commences with the taxpayer,
which is acquired for use or lease by the taxpayer and not for resale,
which is made by a manufacturer,
which has received a certificate of conformity under the Clean Air Act, and
which has not less than 2 onboard sources of stored energy, different in character from each other, from which to draw propulsion energy, where—
at least 1 of such sources is energized by plugging into an external source of electric power, and
at least 1 of such sources is energized from an internal combustion engine, fuel cell, or other means, and such source—
is utilized to provide mechanical propulsion to the vehicle, or
is used to recharge the battery as an on-board recharging system that is used to maintain charge to the battery.
Exception
The term qualified plug-in hybrid vehicle shall not include any vehicle which is not a passenger automobile or light truck if such vehicle has a gross vehicle weight rating of less than 8,500 pounds.
Other terms
The terms “automobile”, “passenger automobile”, “light truck”, and “manufacturer” have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.).
kWh traction battery capacity
The term kWh traction battery capacity means the size of an electro chemical storage device, expressed in kWh, as measured from a 100 percent state of charge to 0 percent state of charge.
Special rules
Basis reduction
The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (b)(2)).
Recapture
The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit.
Property used outside United States, etc., not qualified
No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179.
Denial of double benefit
No credit shall be allowed under this section with respect to a vehicle if a credit or deduction is allowed with respect to such vehicle under any other provision of this title.
Election not to take credit
No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle.
Property used by tax-exempt entity; interaction with air quality and motor vehicle safety standards
Rules similar to the rules of paragraphs (6) and (10) of section 30B(h) shall apply for purposes of this section.
Termination
This section shall not apply to any property placed in service after December 31, 2014.
.
Plug-in hybrid vehicles not counted toward limitation on number of new qualified hybrid vehicles eligible for 30B credit
Section 30B(f)(5) of such Code (defining
qualified vehicle) is amended by adding at the end the following new sentence:
Such term shall not include a qualified plug-in hybrid vehicle (as
defined in section 30E(c)).
.
Credit made part of general business credit
Section 38(b) of such Code, as amended by this Act, is amended by striking ‘‘and’’ at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting ‘‘, plus’’, and by adding at the end the following new paragraph:
the portion of the plug-in hybrid vehicle credit to which section 30E(b)(2)(A) applies.
.
Conforming amendment
Section 6501(m) of such Code is amended by inserting
30E(d)(5),
after 30D(e)(5),
.
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2007.
Use of credits
Section 312(b) of the Energy Policy Act of 1992 (42 U.S.C. 13220(b)) is amended—
by striking
(b) Use of
credits.—
and all that follows through At the
request
and inserting (b)
Use of
credits.—At the request
; and
by striking paragraph (2).
Offshore oil and gas leasing
Termination of prohibitions on expenditures for, and withdrawals from, offshore leasing
Prohibitions on expenditures
All provisions of Federal law that prohibit the expenditure of appropriated funds to conduct oil or natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect with respect to such activities.
Revocation withdrawals
All withdrawals of Federal submerged lands of the Outer Continental Shelf from leasing, including withdrawals by the President under the authority of section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of, oil and natural gas.
Outer Continental Shelf leasing program
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by inserting after section 9 the following:
Moratoria area and State approval requirement with respect to oil and natural gas leasing
Buffer zone
The Secretary may not grant any oil or natural gas lease for any area of the outer Continental Shelf that is located within 25 miles of the coastline of a State.
State approval requirement
In general
The Secretary may not issue any lease authorizing exploration for, or development of, natural gas in any area of the outer Continental Shelf that is located within 50 miles of the coastline of a State unless the State has enacted a law approving of the issuance of such leases by the Secretary.
State approval permanent
Repeal of such a law by a State shall have no effect for purposes of paragraph (1).
State disapproval authority
In general
The Secretary may not issue any lease authorizing exploration for, or development of, oil or natural gas in any area of the outer Continental Shelf that is located more than 50 miles and less than 100 miles from the coastline of a State if the State has enacted a law disapproving of the issuance of such leases by the Secretary.
Requirements for State law
A law enacted by a State for purposes of paragraph (1)—
shall have no force or effect for purposes of paragraph (1) unless first enacted by the State within the one-year period beginning on the date of the enactment of the National Environment and Energy Development Act; and
shall have no force or effect for purposes of paragraph (1) after the end of the 2-year period beginning on the date it first takes effect, unless the State, in the 2-year period preceding the application of the law for purposes of paragraph (1), enacted legislation extending the effectiveness of the law.
.
Sharing of revenues
In general
Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)) is amended—
in paragraph (2)
by striking Notwithstanding
and inserting Except as
provided in paragraph (6), and notwithstanding
;
by redesignating paragraphs (6) and (7) as paragraphs (8) and (9); and
by inserting after paragraph (5) the following:
Bonus bids and royalties under qualified oil and gas leases
New oil and gas leases
Of amounts received by the United States as bonus bids and royalties under any qualified oil or gas lease on submerged lands that are located within the seaward boundaries of a State established under section 4(a)(2)(A)—
37.5 percent shall be paid to the States that are producing States with respect to those submerged lands; and
the remainder shall be transferred to the American-Made Energy Trust Fund established by section 9511 of the Internal Revenue Code of 1986.
Leased tract that lies partially within the seaward boundaries of a State
In the case of a leased tract that lies partially within the seaward boundaries of a State, the amounts of bonus bids and royalties from such tract that are subject to subparagraph (A) with respect to such State shall be a percentage of the total amounts of bonus bids and royalties from such tract that is equivalent to the total percentage of surface acreage of the tract that lies within such seaward boundaries.
Use of payments to States
Amounts paid to a State under subparagraph (A)(ii) shall be used by the State for one or more of the following:
Education.
Transportation.
Reducing taxes.
Coastal and environmental restoration.
Energy infrastructure and projects.
State seismic monitoring programs.
Alternative energy development.
Energy efficiency and conservation.
Hurricane and natural disaster insurance programs.
Any other purpose determined by State law.
Definitions
In this paragraph:
Adjacent State
The term adjacent State means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted.
Adjacent zone
The term adjacent zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States.
Producing state
The term producing State means an Adjacent State having an adjacent zone containing leased tracts from which are derived bonus bids and royalties under a lease under this Act.
State
The term State includes Puerto Rico and the other Territories of the United States.
Qualified gas lease
The term qualified oil or gas lease means a lease under this Act granted after the date of the enactment of the National Environment and Energy Development Act that authorizes development and production of oil or natural gas and associated condensate.
Application
This paragraph shall apply to bonus bids and royalties received by the United States after September 30, 2007.
Maintenance of effort by States
The Secretary of the Interior shall ensure that financial assistance provided to a State for any purpose with amounts made available under this subsection supplement, and do not replace, the amounts expended by the State for that purpose before the date of the enactment of this paragraph.
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Establishment of State seaward boundaries
Section 4(a)(2)(A) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the first
sentence by striking , and the President
and all that follows
through the end of the sentence and inserting the following: . Such
extended lines are deemed to be as indicated on the maps for each Outer
Continental Shelf region entitled
.Alaska OCS Region State Adjacent Zone
and OCS Planning Areas
, Pacific OCS Region State Adjacent Zones
and OCS Planning Areas
, Gulf of Mexico OCS Region State Adjacent
Zones and OCS Planning Areas
, and Atlantic OCS Region State
Adjacent Zones and OCS Planning Areas
, all of which are dated September
2005 and on file in the Office of the Director, Minerals Management Service.
The preceding sentence shall not apply with respect to the treatment under
section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of
division C of Public Law 109–432) of qualified outer Continental Shelf revenues
deposited and disbursed under subsection (a)(2) of that
section.
Increasing nuclear generated electric energy
Increasing nuclear generated electric energy
Notwithstanding any other provision of law, the President is authorized to take such steps as are necessary to increase the share of electricity generated from nuclear power to 40 percent of the total domestic generation by the year 2050.