HR 4 EH

107th CONGRESS

1st Session

H. R. 4


AN ACT

To enhance energy conservation, research and development and to provide for security and diversity in the energy supply for the American people, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the `Securing America's Future Energy Act of 2001' or the `SAFE Act of 2001'.

    (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

      Sec. 1. Short title and table of contents.

      Sec. 2. Energy policy.

DIVISION A

TITLE I--ENERGY CONSERVATION

Subtitle A--Reauthorization of Federal Energy Conservation Programs

Subtitle B--Federal Leadership in Energy Conservation

      Sec. 121. Federal facilities and national energy security.

      Sec. 122. Enhancement and extension of authority relating to Federal energy savings performance contracts.

      Sec. 123. Clarification and enhancement of authority to enter utility incentive programs for energy savings.

      Sec. 124. Federal central air conditioner and heat pump efficiency.

      Sec. 125. Advanced building efficiency testbed.

      Sec. 126. Use of interval data in Federal buildings.

      Sec. 127. Review of Energy Savings Performance Contract program.

      Sec. 128. Capitol complex.

Subtitle C--State Programs

      Sec. 131. Amendments to State energy programs.

      Sec. 132. Reauthorization of energy conservation program for schools and hospitals.

      Sec. 133. Amendments to Weatherization Assistance Program.

      Sec. 134. LIHEAP.

      Sec. 135. High performance public buildings.

Subtitle D--Energy Efficiency for Consumer Products

Subtitle E--Energy Efficient Vehicles

Subtitle F--Other Provisions

      Sec. 161. Review of regulations to eliminate barriers to emerging energy technology.

      Sec. 162. Advanced idle elimination systems.

      Sec. 163. Study of benefits and feasibility of oil bypass filtration technology.

      Sec. 164. Gas flare study.

      Sec. 165. Telecommuting study.

TITLE II--AUTOMOBILE FUEL ECONOMY

      Sec. 201. Average fuel economy standards for nonpassenger automobiles.

      Sec. 202. Consideration of prescribing different average fuel economy standards for nonpassenger automobiles.

      Sec. 203. Dual fueled automobiles.

      Sec. 204. Fuel economy of the Federal fleet of automobiles.

      Sec. 205. Hybrid vehicles and alternative vehicles.

      Sec. 206. Federal fleet petroleum-based nonalternative fuels.

      Sec. 207. Study of feasibility and effects of reducing use of fuel for automobiles.

TITLE III--NUCLEAR ENERGY

      Sec. 301. License period.

      Sec. 302. Cost recovery from Government agencies.

      Sec. 303. Depleted uranium hexafluoride.

      Sec. 304. Nuclear Regulatory Commission meetings.

      Sec. 305. Cooperative research and development and special demonstration projects for the uranium mining industry.

      Sec. 306. Maintenance of a viable domestic uranium conversion industry.

      Sec. 307. Paducah decontamination and decommissioning plan.

      Sec. 308. Study to determine feasibility of developing commercial nuclear energy production facilities at existing department of energy sites.

      Sec. 309. Prohibition of commercial sales of uranium by the United States until 2009.

TITLE IV--HYDROELECTRIC ENERGY

      Sec. 401. Alternative conditions and fishways.

      Sec. 402. FERC data on hydroelectric licensing.

TITLE V--FUELS

TITLE VI--RENEWABLE ENERGY

      Sec. 601. Assessment of renewable energy resources.

      Sec. 602. Renewable energy production incentive.

      Sec. 603. Study of ethanol from solid waste loan guarantee program.

      Sec. 604. Study of renewable fuel content.

TITLE VII--PIPELINES

TITLE VIII--MISCELLANEOUS PROVISIONS

      Sec. 801. Waste reduction and use of alternatives.

      Sec. 802. Annual report on United States energy independence.

      Sec. 803. Study of aircraft emissions.

DIVISION B

TITLE I--ENERGY CONSERVATION AND ENERGY EFFICIENCY

Subtitle A--Alternative Fuel Vehicles

Subtitle B--Distributed Power Hybrid Energy Systems

Subtitle C--Secondary Electric Vehicle Battery Use

Subtitle D--Green School Buses

Subtitle E--Next Generation Lighting Initiative

Subtitle F--Department of Energy Authorization of Appropriations

Subtitle G--Environmental Protection Agency Office of Air and Radiation Authorization of Appropriations

Subtitle H--National Building Performance Initiative

      Sec. 2181. National Building Performance Initiative.

TITLE II--RENEWABLE ENERGY

Subtitle A--Hydrogen

Subtitle B--Bioenergy

Subtitle C--Transmission Infrastructure Systems

      Sec. 2241. Transmission infrastructure systems research, development, demonstration, and commercial application.

      Sec. 2242. Program plan.

      Sec. 2243. Report.

Subtitle D--Department of Energy Authorization of Appropriations

TITLE III--NUCLEAR ENERGY

Subtitle A--University Nuclear Science and Engineering

Subtitle B--Advanced Fuel Recycling Technology Research and Development Program

Subtitle C--Department of Energy Authorization of Appropriations

TITLE IV--FOSSIL ENERGY

Subtitle A--Coal

      Sec. 2401. Coal and related technologies programs.

Subtitle B--Oil and Gas

Subtitle C--Ultra-Deepwater and Unconventional Drilling

Subtitle D--Fuel Cells

Subtitle E--Department of Energy Authorization of Appropriations

TITLE V--SCIENCE

Subtitle A--Fusion Energy Sciences

Subtitle B--Spallation Neutron Source

Subtitle C--Facilities, Infrastructure, and User Facilities

Subtitle D--Advisory Panel on Office of Science

Subtitle E--Department of Energy Authorization of Appropriations

TITLE VI--MISCELLANEOUS

Subtitle A--General Provisions for the Department of Energy

      Sec. 2601. Research, development, demonstration, and commercial application of energy technology programs, projects, and activities.

      Sec. 2602. Limits on use of funds.

      Sec. 2603. Cost sharing.

      Sec. 2604. Limitation on demonstration and commercial application of energy technology.

      Sec. 2605. Reprogramming.

Subtitle B--Other Miscellaneous Provisions

      Sec. 2611. Notice of reorganization.

      Sec. 2612. Limits on general plant projects.

      Sec. 2613. Limits on construction projects.

      Sec. 2614. Authority for conceptual and construction design.

      Sec. 2615. National Energy Policy Development Group mandated reports.

      Sec. 2616. Periodic reviews and assessments.

DIVISION C

TITLE I--CONSERVATION

      Sec. 3101. Credit for residential solar energy property.

      Sec. 3102. Extension and expansion of credit for electricity produced from renewable resources.

      Sec. 3103. Credit for qualified stationary fuel cell powerplants.

      Sec. 3104. Alternative motor vehicle credit.

      Sec. 3105. Extension of deduction for certain refueling property.

      Sec. 3106. Modification of credit for qualified electric vehicles.

      Sec. 3107. Tax credit for energy efficient appliances.

      Sec. 3108. Credit for energy efficiency improvements to existing homes.

      Sec. 3109. Business credit for construction of new energy efficient home.

      Sec. 3110. Allowance of deduction for energy efficient commercial building property.

      Sec. 3111. Allowance of deduction for qualified energy management devices and retrofitted qualified meters.

      Sec. 3112. Three-year applicable recovery period for depreciation of qualified energy management devices.

      Sec. 3113. Energy credit for combined heat and power system property.

      Sec. 3114. New nonrefundable personal credits allowed against regular and minimum taxes.

      Sec. 3115. Phaseout of 4.3-cent motor fuel excise taxes on railroads and inland waterway transportation which remain in general fund.

      Sec. 3116. Reduced motor fuel excise tax on certain mixtures of diesel fuel.

      Sec. 3117. Credit for investment in qualifying advanced clean coal technology.

      Sec. 3118. Credit for production from qualifying advanced clean coal technology.

TITLE II--RELIABILITY

      Sec. 3201. Natural gas gathering lines treated as 7-year property.

      Sec. 3202. Natural gas distribution lines treated as 10-year property.

      Sec. 3203. Petroleum refining property treated as 7-year property.

      Sec. 3204. Expensing of capital costs incurred in complying with environmental protection agency sulfur regulations.

      Sec. 3205. Environmental tax credit.

      Sec. 3206. Determination of small refiner exception to oil depletion deduction.

      Sec. 3207. Tax-exempt bond financing of certain electric facilities.

      Sec. 3208. Sales or dispositions to implement Federal Energy Regulatory Commission or State electric restructuring policy.

      Sec. 3209. Distributions of stock to implement Federal Energy Regulatory Commission or State electric restructuring policy.

      Sec. 3210. Modifications to special rules for nuclear decommissioning costs.

      Sec. 3211. Treatment of certain income of cooperatives.

      Sec. 3212. Repeal of requirement of certain approved terminals to offer dyed diesel fuel and kerosene for nontaxable purposes.

      Sec. 3213. Arbitrage rules not to apply to prepayments for natural gas.

TITLE III--PRODUCTION

      Sec. 3301. Oil and gas from marginal wells.

      Sec. 3302. Temporary suspension of limitation based on 65 percent of taxable income and extension of suspension of taxable income limit with respect to marginal production.

      Sec. 3303. Deduction for delay rental payments.

      Sec. 3304. Election to expense geological and geophysical expenditures.

      Sec. 3305. Five-year net operating loss carryback for losses attributable to operating mineral interests of oil and gas producers.

      Sec. 3306. Extension and modification of credit for producing fuel from a nonconventional source.

      Sec. 3307. Business related energy credits allowed against regular and minimum tax.

      Sec. 3308. Temporary repeal of alternative minimum tax preference for intangible drilling costs.

      Sec. 3309. Allowance of enhanced recovery credit against the alternative minimum tax.

      Sec. 3310. Extension of certain benefits for energy-related businesses on Indian reservations.

DIVISION D

      Sec. 4101. Capacity building for energy-efficient, affordable housing.

      Sec. 4102. Increase of CDBG public services cap for energy conservation and efficiency activities.

      Sec. 4103. FHA mortgage insurance incentives for energy efficient housing.

      Sec. 4104. Public housing capital fund.

      Sec. 4105. Grants for energy-conserving improvements for assisted housing.

      Sec. 4106. North American Development Bank.

DIVISION E

DIVISION F

TITLE I--GENERAL PROTECTIONS FOR ENERGY SUPPLY AND SECURITY

      Sec. 6101. Study of existing rights-of-way on Federal lands to determine capability to support new pipelines or other transmission facilities.

      Sec. 6102. Inventory of energy production potential of all Federal public lands.

      Sec. 6103. Review of regulations to eliminate barriers to emerging energy technology.

      Sec. 6104. Interagency agreement on environmental review of interstate natural gas pipeline projects.

      Sec. 6105. Enhancing energy efficiency in management of Federal lands.

      Sec. 6106. Efficient infrastructure development.

TITLE II--OIL AND GAS DEVELOPMENT

Subtitle A--Offshore Oil and Gas

      Sec. 6201. Short title.

      Sec. 6202. Lease sales in Western and Central Planning Area of the Gulf of Mexico.

      Sec. 6203. Savings clause.

      Sec. 6204. Analysis of Gulf of Mexico field size distribution, international competitiveness, and incentives for development.

Subtitle B--Improvements to Federal Oil and Gas Management

      Sec. 6221. Short title.

      Sec. 6222. Study of impediments to efficient lease operations.

      Sec. 6223. Elimination of unwarranted denials and stays.

      Sec. 6224. Limitations on cost recovery for applications.

      Sec. 6225. Consultation with Secretary of Agriculture.

Subtitle C--Miscellaneous

      Sec. 6231. Offshore subsalt development.

      Sec. 6232. Program on oil and gas royalties in kind.

      Sec. 6233. Marginal well production incentives.

      Sec. 6234. Reimbursement for costs of NEPA analyses, documentation, and studies.

      Sec. 6235. Encouragement of State and provincial prohibitions on off-shore drilling in the Great Lakes.

TITLE III--GEOTHERMAL ENERGY DEVELOPMENT

      Sec. 6301. Royalty reduction and relief.

      Sec. 6302. Exemption from royalties for direct use of low temperature geothermal energy resources.

      Sec. 6303. Amendments relating to leasing on Forest Service lands.

      Sec. 6304. Deadline for determination on pending noncompetitive lease applications.

      Sec. 6305. Opening of public lands under military jurisdiction.

      Sec. 6306. Application of amendments.

      Sec. 6307. Review and report to Congress.

      Sec. 6308. Reimbursement for costs of NEPA analyses, documentation, and studies.

TITLE IV--HYDROPOWER

      Sec. 6401. Study and report on increasing electric power production capability of existing facilities.

      Sec. 6402. Installation of powerformer at Folsom power plant, California.

      Sec. 6403. Study and implementation of increased operational efficiencies in hydroelectric power projects.

      Sec. 6404. Shift of project loads to off-peak periods.

TITLE V--ARCTIC COASTAL PLAIN DOMESTIC ENERGY

TITLE VI--CONSERVATION OF ENERGY BY THE DEPARTMENT OF THE INTERIOR

      Sec. 6601. Energy conservation by the Department of the Interior.

      Sec. 6602. Amendment to Buy Indian Act.

TITLE VII--COAL

      Sec. 6701. Limitation on fees with respect to coal lease applications and documents.

      Sec. 6702. Mining plans.

      Sec. 6703. Payment of advance royalties under coal leases.

      Sec. 6704. Elimination of deadline for submission of coal lease operation and reclamation plan.

TITLE VIII--INSULAR AREAS ENERGY SECURITY

DIVISION G



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