U.S. Congress - Text of H.R.1777 as Introduced in House Consumer Relief for Pain at the Pump Act
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Donate NowH.R.1777 - Consumer Relief for Pain at the Pump Act
To provide consumer relief for artificially high gas prices, and for other purposes.
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HR 1777 IHCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 1777CommentsClose CommentsPermalink
To provide consumer relief for artificially high gas prices, and for other purposes.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
May 5, 2011CommentsClose CommentsPermalink
May 5, 2011CommentsClose CommentsPermalink
Mr. LATTA (for himself, Mr. WALBERG, Mr. GOHMERT, Mr. FLORES, Mr. WALSH of Illinois, Mr. PITTS, Mrs. LUMMIS, Mr. WILSON of South Carolina, Mr. KING of Iowa, Mr. CAMPBELL, Mr. ROSS of Florida, Mr. WEST, Mr. GUINTA, Mr. CONAWAY, Mr. LONG, Mr. MANZULLO, Mrs. BLACKBURN, Mr. MCKINLEY, Mr. BISHOP of Utah, Mr. WESTMORELAND, Mr. AKIN, Mr. AUSTIN SCOTT of Georgia, Mr. CULBERSON, Mr. FRANKS of Arizona, Mr. DUNCAN of South Carolina, Mr. CHAFFETZ, Mrs. CAPITO, Mr. GRIMM, Mr. HUELSKAMP, Mr. HERGER, Mrs. MYRICK, Mr. SCALISE, Mr. JORDAN, and Mr. ROKITA) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Oversight and Government Reform, and the Judiciary, 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 concernedCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To provide consumer relief for artificially high gas prices, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be referred to as the ‘Consumer Relief for Pain at the Pump Act’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--END OF PRESIDENTIAL PERMATORIUM ON AMERICA’S OUTER CONTINENTAL SHELF RESOURCES
Sec. 101. Deadline for certain permit applications under existing leases.CommentsClose CommentsPermalink
Subtitle A--Outer Continental Shelf
Sec. 111. End moratorium of oil and gas leasing in certain areas of the Gulf of Mexico.CommentsClose CommentsPermalink
Sec. 112. Outer Continental Shelf directed lease sales.CommentsClose CommentsPermalink
Sec. 113. Leasing program considered approved.CommentsClose CommentsPermalink
Sec. 114. Outer Continental Shelf lease sales.CommentsClose CommentsPermalink
Sec. 115. Restrictions on leasing of the Outer Continental Shelf.CommentsClose CommentsPermalink
Sec. 116. Sharing of OCS receipts with States and local governments.CommentsClose CommentsPermalink
Subtitle B--Arctic Coastal Plain
Sec. 121. Definitions.CommentsClose CommentsPermalink
Sec. 122. Leasing program for land within the Coastal Plain.CommentsClose CommentsPermalink
Sec. 123. Lease sales.CommentsClose CommentsPermalink
Sec. 124. Grant of leases by the Secretary.CommentsClose CommentsPermalink
Sec. 125. Lease terms and conditions.CommentsClose CommentsPermalink
Sec. 126. Expedited judicial review.CommentsClose CommentsPermalink
Sec. 127. Rights-of-way across the Coastal Plain.CommentsClose CommentsPermalink
Sec. 128. Conveyance.CommentsClose CommentsPermalink
TITLE II--REVOCATION OF ENERGY-RESTRICTING BLM LOCKUP
Sec. 201. Revocation of Secretarial Order No. 3310.CommentsClose CommentsPermalink
Subtitle A--Expedited Shale Leasing of Federal Lands
Sec. 211. Opening of lands to oil shale leasing.CommentsClose CommentsPermalink
Subtitle B--Judicial Review Regarding Energy Projects
Sec. 221. Exclusive jurisdiction over causes and claims relating to covered energy projects.CommentsClose CommentsPermalink
Sec. 222. Time for filing complaint.CommentsClose CommentsPermalink
Sec. 223. District Court for the District of Columbia deadline.CommentsClose CommentsPermalink
Sec. 224. Ability to seek appellate review.CommentsClose CommentsPermalink
Sec. 225. Deadline for appeal to the Supreme Court.CommentsClose CommentsPermalink
Sec. 226. Covered energy project defined.CommentsClose CommentsPermalink
Sec. 227. Limitation on application.CommentsClose CommentsPermalink
Subtitle C--Permitting Reform
Sec. 231. Purposes.CommentsClose CommentsPermalink
Sec. 232. Federal Coordinator.CommentsClose CommentsPermalink
Sec. 233. Regional Offices and Regional Permit Coordinators.CommentsClose CommentsPermalink
Sec. 234. Reviews and actions of Federal agencies.CommentsClose CommentsPermalink
Sec. 235. State coordination.CommentsClose CommentsPermalink
Sec. 236. Savings provision.CommentsClose CommentsPermalink
Sec. 237. Administrative and Judicial Review.CommentsClose CommentsPermalink
Sec. 238. Amendments to publication process.CommentsClose CommentsPermalink
Sec. 239. Repeal of fee for permits to drill.CommentsClose CommentsPermalink
Sec. 240. Alaska Offshore Continental Shelf Coordination Office.CommentsClose CommentsPermalink
TITLE III--RELIEF FROM REGULATIONS AND PROHIBITIONS THAT CAUSE ARTIFICIAL PRICE INCREASES
Subtitle A--Relief From EPA Climate Change Regulations and Federal Prohibitions on Synthetic Fuels
Sec. 301. Repeal of EPA climate change regulation.CommentsClose CommentsPermalink
Sec. 302. Repeal of Federal ban on synthetic fuels purchasing requirement.CommentsClose CommentsPermalink
Subtitle B--Refinery Reform
Sec. 311. Refinery permitting process.CommentsClose CommentsPermalink
Sec. 312. Existing refinery permit application deadline.CommentsClose CommentsPermalink
TITLE I--END OF PRESIDENTIAL PERMATORIUM ON AMERICA’S OUTER CONTINENTAL SHELF RESOURCESCommentsClose CommentsPermalink
TITLE I--END OF PRESIDENTIAL PERMATORIUM ON AMERICA’S OUTER CONTINENTAL SHELF RESOURCESCommentsClose CommentsPermalink
SEC. 101. DEADLINE FOR CERTAIN PERMIT APPLICATIONS UNDER EXISTING LEASES.
(a) In General- A lease under which a covered application is submitted to the Secretary of the Interior shall be considered to be in directed suspension during the period beginning May 27, 2010, and ending on the date the Secretary issues a final decision on the application, if the Secretary does not issue a final decision on the application--CommentsClose CommentsPermalink
(1) before the end of the 30-day period beginning on the date of enactment of this Act, in the case of a covered application submitted before such date of enactment; orCommentsClose CommentsPermalink
(2) before the end of the 30-day period beginning on the date the application is received by the Secretary, in the case of a covered application submitted on or after such date of enactment.CommentsClose CommentsPermalink
(b) Covered Application- In this section the term ‘covered application’ means an application for a permit to drill under an oil and gas lease under the Outer Continental Shelf Lands Act in effect on the date of enactment of this Act, that--CommentsClose CommentsPermalink
(1) represents a resubmission of an approved permit to drill (including an application for a permit to sidetrack) that was approved by the Secretary before May 27, 2010; andCommentsClose CommentsPermalink
(2) is received by the Secretary after October 12, 2010, and before the end of the 30-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
Subtitle A--Outer Continental ShelfCommentsClose CommentsPermalink
Subtitle A--Outer Continental ShelfCommentsClose CommentsPermalink
SEC. 111. END MORATORIUM OF OIL AND GAS LEASING IN CERTAIN AREAS OF THE GULF OF MEXICO.
(a) Repeal of Moratorium-CommentsClose CommentsPermalink
(1) REPEAL- Section 104 of the Gulf of Mexico Energy Security Act of 2006 (
(2) NATIONAL DEFENSE AREA- Section 12(d) of the Outer Continental Shelf Lands Act (
(A) by striking ‘(d) The United States’ and inserting the following:CommentsClose CommentsPermalink
‘(d) Restriction of Areas for National Defense-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The United States’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) REVIEW- Annually, the Secretary of Defense shall review the areas of the outer Continental Shelf that have been designated as restricted from exploration and operation to determine whether the areas should remain under restriction.’.CommentsClose CommentsPermalink
(b) Leasing of Moratorium Areas-CommentsClose CommentsPermalink
(1) IN GENERAL- As soon as practicable, but not later than 1 year, after the date of enactment of this Act, the Secretary of the Interior shall offer for leasing under the Outer Continental Shelf Lands Act (
(2) LEASING PLAN- Any areas made available for leasing under paragraph (1) shall be offered for lease under this section notwithstanding the omission of any of these respective areas from the applicable 5-year plan developed by the Secretary pursuant to section 18 of the Outer Continental Shelf Lands Act (
(c) Military Mission- Section 104 of the Gulf of Mexico Energy Security Act of 2006 (
(1) by striking ‘(b) Military Mission Line- Notwithstanding subsection (a), the’ and inserting ‘(c) Military Mission- ’;CommentsClose CommentsPermalink
(2) by redesignating subsection (c) as subsection (b);CommentsClose CommentsPermalink
(3) in subsection (b)(1), as so redesignated, by striking ‘paragraph (2) or (3) of subsection (a)’ and inserting ‘paragraph (5)’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(5) AREAS DESCRIBED- The areas referred to in paragraph (1) are--CommentsClose CommentsPermalink
‘(A) any area in the Eastern Planning Area that is within 125 miles of the coastline of the State of Florida; andCommentsClose CommentsPermalink
‘(B) any area in the Central Planning Area that is--CommentsClose CommentsPermalink
‘(i) within--CommentsClose CommentsPermalink
‘(I) the 181 Area; andCommentsClose CommentsPermalink
‘(II) 100 miles of the coastline of the State of Florida; orCommentsClose CommentsPermalink
‘(ii)(I) outside the 181 Area;CommentsClose CommentsPermalink
‘(II) east of the western edge of the Pensacola Official Protraction Diagram (UTM X coordinate 1,393,920 (NAD 27 feet)); andCommentsClose CommentsPermalink
‘(III) within 100 miles of the coastline of the State of Florida.’.CommentsClose CommentsPermalink
SEC. 112. OUTER CONTINENTAL SHELF DIRECTED LEASE SALES.
(a) 209 Lease Sale- The Secretary of the Interior (referred to in this section as the ‘Secretary’) shall offer the Beaufort Sea Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(b) 210 Lease Sale- The Secretary shall offer the Western Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(c) 212 Lease Sale- The Secretary shall offer the Chukchi Sea Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(d) 213 Lease Sale- The Secretary shall offer the Central Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(e) 215 Lease Sale- The Secretary shall offer the Western Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(f) 216 Lease Sale- The Secretary shall offer the Central Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(g) 217 Lease Sale- The Secretary shall offer the Beaufort Sea Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(h) 214 Lease Sale- The Secretary shall offer the North Aleutian Basin Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(i) 218 Lease Sale- The Secretary shall offer the Western Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(j) 219 Lease Sale- The Secretary shall offer the Cook Inlet Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(k) 220 Lease Sale- The Secretary shall offer the Mid-Atlantic Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(l) 221 Lease Sale- The Secretary shall offer the Chukchi Sea Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
(m) 222 Lease Sale- The Secretary shall offer the Central Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (
SEC. 113. LEASING PROGRAM CONSIDERED APPROVED.
(a) In General- The Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 issued by the Secretary of the Interior (referred to in this section as the ‘Secretary’) under section 18 of the Outer Continental Shelf Lands Act (
(b) Final Environmental Impact Statement- The Secretary is considered to have issued a final environmental impact statement for the program described in subsection (a) in accordance with all of the requirements of sections 18, 19, and 20 of the Outer Continental Shelf Lands Act (
SEC. 114. OUTER CONTINENTAL SHELF LEASE SALES.
(a) Requirement To Conduct Lease Sales-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), not later than one year after the date of enactment of this Act and annually thereafter, the Secretary of the Interior (referred to in this section as the ‘Secretary’) shall conduct at a minimum one lease sale in an Atlantic Planning Area, one lease sale in the Pacific Planning Area, one lease sale in the Alaska Planning Area, and three lease sales in a Gulf of Mexico Planning Area for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf.CommentsClose CommentsPermalink
(2) SUBSEQUENT DETERMINATIONS AND SALES- If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this subsection, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall--CommentsClose CommentsPermalink
(A) determine whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; andCommentsClose CommentsPermalink
(B) if the Secretary determines that there is a commercial interest described in subparagraph (A), conduct a lease sale in the planning area.CommentsClose CommentsPermalink
(b) Leasing Plan- Any areas made available for leasing under subsection (a) shall be offered for lease under this section notwithstanding the omission of any of these respective areas from the applicable 5-year plan developed by the Secretary pursuant to section 18 of the Outer Continental Shelf Lands Act (
SEC. 115. RESTRICTIONS ON LEASING OF THE OUTER CONTINENTAL SHELF.
(a) State Opt-Out- No lease authorizing a permanent surface energy project for the exploration, development, or production of oil or gas may be issued for any area of the Outer Continental Shelf located within 10 miles of the coastline of a State if the State has notified the Secretary of the Interior that the State does not want to participate in such leasing.CommentsClose CommentsPermalink
(b) Existing Leases Not Affected- This section shall not affect any lease issued before the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 116. SHARING OF OCS RECEIPTS WITH STATES AND LOCAL GOVERNMENTS.
Section 9 of the Outer Continental Shelf Lands Act (
(1) By designating the existing text as subsection (a).CommentsClose CommentsPermalink
(2) In subsection (a) (as so designated) by inserting ‘, if not paid as otherwise provided in this title’ after ‘receipts’.CommentsClose CommentsPermalink
(3) By adding the following:CommentsClose CommentsPermalink
‘(b) Treatment of OCS Receipts-CommentsClose CommentsPermalink
‘(1) DEPOSIT- The Secretary shall deposit into a separate account in the Treasury the portion of OCS Receipts for each fiscal year that will be shared under paragraph (2).CommentsClose CommentsPermalink
‘(2) IMMEDIATE RECEIPTS SHARING- Beginning October 1, 2011, the Secretary shall share 50 percent of OCS Receipts derived from all leases, except that the Secretary shall only share 25 percent of such OCS Receipts derived from all such leases within a State’s Adjacent Zone if leasing is not allowed within at least 25 percent of that State’s Adjacent Zone located completely within 75 miles of any coastline.CommentsClose CommentsPermalink
‘(3) ALLOCATIONS- The Secretary shall allocate the OCS Receipts deposited into the separate account established by paragraph (1) that are shared under paragraph (2) as follows:CommentsClose CommentsPermalink
‘(A) BONUS BIDS- Deposits derived from bonus bids from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year to the Adjacent State.CommentsClose CommentsPermalink
‘(B) ROYALTIES- Deposits derived from royalties and net profit shares from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year as follows:CommentsClose CommentsPermalink
‘(i) 50 percent to the Adjacent State.CommentsClose CommentsPermalink
‘(ii) 50 percent to all States, including the Adjacent State, having a coastline point within 300 miles of the leased tract, divided equally, if such State allows leasing within at least 25 percent of its Adjacent Zone within 75 miles of the coastline.CommentsClose CommentsPermalink
‘(C) LIMITATION IF NOT ADMITTED TO THE UNION AS A STATE- Any entity defined as a ‘State’ under section 2(r), that has not been admitted to the Union as a State shall only be entitled to one-half of a State share under this paragraph.CommentsClose CommentsPermalink
‘(c) Transmission of Allocations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 90 days after the end of each fiscal year, the Secretary shall transmit--CommentsClose CommentsPermalink
‘(A) to each State 60 percent of such State’s allocations under subsections (b)(2), (b)(3)(A), and (b)(3)(B) (i) and (ii) for the immediate prior fiscal year; andCommentsClose CommentsPermalink
‘(B) to each coastal county-equivalent and municipal political subdivisions of such State a total of 40 percent of such State’s allocations under subsections (b)(2), (b)(3)(A), and (b)(3)(B) (i) and (ii), for the immediate prior fiscal year, together with all accrued interest thereon.CommentsClose CommentsPermalink
‘(2) ALLOCATIONS TO COASTAL COUNTY-EQUIVALENT POLITICAL SUBDIVISIONS- The Secretary shall make an initial allocation of the OCS Receipts to be shared under paragraph (1)(B) as follows:CommentsClose CommentsPermalink
‘(A) 25 percent shall be allocated to coastal county-equivalent political subdivisions that are completely more than 25 miles landward of the coastline and at least a part of which lies not more than 75 miles landward from the coastline, with the allocation among such coastal county-equivalent political subdivisions based on population.CommentsClose CommentsPermalink
‘(B) 75 percent shall be allocated to coastal county-equivalent political subdivisions that are completely or partially less than 25 miles landward of the coastline, with the allocation among such coastal county-equivalent political subdivisions to be further allocated as follows:CommentsClose CommentsPermalink
‘(i) 25 percent shall be allocated based on the ratio of such coastal county-equivalent political subdivision’s population to the coastal population of all coastal county-equivalent political subdivisions in the State.CommentsClose CommentsPermalink
‘(ii) 25 percent shall be allocated based on the ratio of such coastal county-equivalent political subdivision’s coastline miles to the coastline miles of all coastal county-equivalent political subdivisions in the State as calculated by the Secretary. In such calculations, coastal county-equivalent political subdivisions without a coastline shall be considered to have 50 percent of the average coastline miles of the coastal county-equivalent political subdivisions that do have coastlines.CommentsClose CommentsPermalink
‘(iii) 50 percent shall be allocated equally to all coastal county-equivalent political subdivisions having a coastline point within 300 miles of the leased tract for which OCS Receipts are being shared.CommentsClose CommentsPermalink
‘(3) ALLOCATIONS TO COASTAL MUNICIPAL POLITICAL SUBDIVISIONS- The initial allocation to each coastal county-equivalent political subdivision under paragraph (2) shall be further allocated to the coastal county-equivalent political subdivision and any coastal municipal political subdivisions located partially or wholly within the boundaries of the coastal county-equivalent political subdivision as follows:CommentsClose CommentsPermalink
‘(A) One-third shall be allocated to the coastal county-equivalent political subdivision.CommentsClose CommentsPermalink
‘(B) Two-thirds shall be allocated on a per capita basis to the municipal political subdivisions and the county-equivalent political subdivision, with the allocation to the latter based upon its population not included within the boundaries of a municipal political subdivision.CommentsClose CommentsPermalink
‘(d) Investment of Deposits- Amounts deposited under this section shall be invested by the Secretary of the Treasury in securities backed by the full faith and credit of the United States having maturities suitable to the needs of the account in which they are deposited and yielding the highest reasonably available interest rates as determined by the Secretary of the Treasury.CommentsClose CommentsPermalink
‘(e) Use of Funds- A recipient of funds under this section may use the funds for one or more of the following:CommentsClose CommentsPermalink
‘(1) To reduce in-State college tuition at public institutions of higher learning and otherwise support public education, including career technical education.CommentsClose CommentsPermalink
‘(2) To make transportation infrastructure improvements.CommentsClose CommentsPermalink
‘(3) To reduce taxes.CommentsClose CommentsPermalink
‘(4) To promote, fund, and provide for--CommentsClose CommentsPermalink
‘(A) coastal or environmental restoration;CommentsClose CommentsPermalink
‘(B) fish, wildlife, and marine life habitat enhancement;CommentsClose CommentsPermalink
‘(C) waterways construction and maintenance;CommentsClose CommentsPermalink
‘(D) levee construction and maintenance and shore protection; andCommentsClose CommentsPermalink
‘(E) marine and oceanographic education and research.CommentsClose CommentsPermalink
‘(5) To promote, fund, and provide for--CommentsClose CommentsPermalink
‘(A) infrastructure associated with energy production activities conducted on the outer Continental Shelf;CommentsClose CommentsPermalink
‘(B) energy demonstration projects;CommentsClose CommentsPermalink
‘(C) supporting infrastructure for shore-based energy projects;CommentsClose CommentsPermalink
‘(D) State geologic programs, including geologic mapping and data storage programs, and State geophysical data acquisition;CommentsClose CommentsPermalink
‘(E) State seismic monitoring programs, including operation of monitoring stations;CommentsClose CommentsPermalink
‘(F) development of oil and gas resources through enhanced recovery techniques;CommentsClose CommentsPermalink
‘(G) alternative energy development, including bio fuels, coal-to-liquids, oil shale, tar sands, geothermal, geopressure, wind, waves, currents, hydro, and other renewable energy;CommentsClose CommentsPermalink
‘(H) energy efficiency and conservation programs; andCommentsClose CommentsPermalink
‘(I) front-end engineering and design for facilities that produce liquid fuels from hydrocarbons and other biological matter.CommentsClose CommentsPermalink
‘(6) To promote, fund, and provide for--CommentsClose CommentsPermalink
‘(A) historic preservation programs and projects;CommentsClose CommentsPermalink
‘(B) natural disaster planning and response; andCommentsClose CommentsPermalink
‘(C) hurricane and natural disaster insurance programs.CommentsClose CommentsPermalink
‘(7) For any other purpose as determined by State law.CommentsClose CommentsPermalink
‘(f) No Accounting Required- No recipient of funds under this section shall be required to account to the Federal Government for the expenditure of such funds, except as otherwise may be required by law. However, States may enact legislation providing for accounting for and auditing of such expenditures. Further, funds allocated under this section to States and political subdivisions may be used as matching funds for other Federal programs.CommentsClose CommentsPermalink
‘(g) Effect of Future Laws- Enactment of any future Federal statute that has the effect, as determined by the Secretary, of restricting any Federal agency from spending appropriated funds, or otherwise preventing it from fulfilling its pre-existing responsibilities as of the date of enactment of the statute, unless such responsibilities have been reassigned to another Federal agency by the statute with no prevention of performance, to issue any permit or other approval impacting on the OCS oil and gas leasing program, or any lease issued thereunder, or to implement any provision of this Act shall automatically prohibit any sharing of OCS Receipts under this section directly with the States, and their coastal political subdivisions, for the duration of the restriction. The Secretary shall make the determination of the existence of such restricting effects within 30 days of a petition by any outer Continental Shelf lessee or producing State.CommentsClose CommentsPermalink
‘(h) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) COASTAL COUNTY-EQUIVALENT POLITICAL SUBDIVISION- The term ‘coastal county-equivalent political subdivision’ means a political jurisdiction immediately below the level of State government, including a county, parish, borough in Alaska, independent municipality not part of a county, parish, or borough in Alaska, or other equivalent subdivision of a coastal State, that lies within the coastal zone.CommentsClose CommentsPermalink
‘(2) COASTAL MUNICIPAL POLITICAL SUBDIVISION- The term ‘coastal municipal political subdivision’ means a municipality located within and part of a county, parish, borough in Alaska, or other equivalent subdivision of a State, all or part of which coastal municipal political subdivision lies within the coastal zone.CommentsClose CommentsPermalink
‘(3) COASTAL POPULATION- The term ‘coastal population’ means the population of all coastal county-equivalent political subdivisions, as determined by the most recent official data of the Census Bureau.CommentsClose CommentsPermalink
‘(4) COASTAL ZONE- The term ‘coastal zone’ means that portion of a coastal State, including the entire territory of any coastal county-equivalent political subdivision at least a part of which lies, within 75 miles landward from the coastline, or a greater distance as determined by State law enacted to implement this section.CommentsClose CommentsPermalink
‘(5) BONUS BIDS- The term ‘bonus bids’ means all funds received by the Secretary to issue an outer Continental Shelf minerals lease.CommentsClose CommentsPermalink
‘(6) ROYALTIES- The term ‘royalties’ means all funds received by the Secretary from production of oil or natural gas, or the sale of production taken in-kind, or from net profit shares, from an outer Continental Shelf minerals lease.CommentsClose CommentsPermalink
‘(7) PRODUCING STATE- The term ‘producing State’ means an Adjacent State having an Adjacent Zone containing leased tracts from which OCS Receipts were derived.CommentsClose CommentsPermalink
‘(8) OCS RECEIPTS- The term ‘OCS Receipts’ means bonus bids and royalties, excluding royalties from leases amended under the authority of section 8(s) of this Act.’.CommentsClose CommentsPermalink
Subtitle B--Arctic Coastal PlainCommentsClose CommentsPermalink
Subtitle B--Arctic Coastal PlainCommentsClose CommentsPermalink
SEC. 121. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) COASTAL PLAIN- The term ‘Coastal Plain’ means that area identified as the ‘1002 Coastal Plain Area’ on the map.CommentsClose CommentsPermalink
(2) FEDERAL AGREEMENT- The term ‘Federal Agreement’ means the Federal Agreement and Grant Right-of-Way for the Trans-Alaska Pipeline issued on January 23, 1974, in accordance with section 28 of the Mineral Leasing Act (
(3) FINAL STATEMENT- The term ‘Final Statement’ means the final legislative environmental impact statement on the Coastal Plain, dated April 1987, and prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act (
(4) MAP- The term ‘map’ means the map entitled ‘Arctic National Wildlife Refuge’, dated September 2005, and prepared by the United States Geological Survey.CommentsClose CommentsPermalink
(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior (or the designee of the Secretary), acting through the Director of the Bureau of Land Management, in consultation with the Director of the United States Fish and Wildlife Service.CommentsClose CommentsPermalink
SEC. 122. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.
(a) In General- The Secretary shall take such actions as are necessary--CommentsClose CommentsPermalink
(1) to establish and implement, in accordance with this subtitle, 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; andCommentsClose CommentsPermalink
(2) to administer this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that require the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.CommentsClose CommentsPermalink
(b) Repeal-CommentsClose CommentsPermalink
(1) REPEAL- Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (
(2) CONFORMING AMENDMENT- The table of contents contained in section 1 of that Act (
(3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (
(B) IDENTIFICATION AND ANALYSIS- Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not be required--CommentsClose CommentsPermalink
(i) to identify nonleasing alternative courses of action; orCommentsClose CommentsPermalink
(ii) to analyze the environmental effects of those courses of action.CommentsClose CommentsPermalink
(C) IDENTIFICATION OF PREFERRED ACTION- Not later than 18 months after the date of enactment of this Act, the Secretary shall--CommentsClose CommentsPermalink
(i) identify only a preferred action and a single leasing alternative for the first lease sale authorized under this subtitle; andCommentsClose CommentsPermalink
(ii) analyze the environmental effects and potential mitigation measures for those 2 alternatives.CommentsClose CommentsPermalink
(D) PUBLIC COMMENTS- In carrying out this paragraph, the Secretary shall consider only public comments that are filed not later than 20 days after the date of publication of a draft environmental impact statement.CommentsClose CommentsPermalink
(E) EFFECT OF COMPLIANCE- Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle.CommentsClose CommentsPermalink
(c) Relationship to State and Local Authority- Nothing in this subtitle expands or limits any State or local regulatory authority.CommentsClose CommentsPermalink
(d) Special Areas-CommentsClose CommentsPermalink
(1) DESIGNATION-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary, after consultation with the State of Alaska, the North Slope Borough, Alaska, and the City of Kaktovik, Alaska, may designate not more than 45,000 acres of the Coastal Plain as a special area if the Secretary determines that the special area would be of such unique character and interest as to require special management and regulatory protection.CommentsClose CommentsPermalink
(B) SADLEROCHIT SPRING AREA- The Secretary shall designate as a special area in accordance with subparagraph (A) the Sadlerochit Spring area, comprising approximately 4,000 acres as depicted on the map.CommentsClose CommentsPermalink
(2) MANAGEMENT- The Secretary shall manage each special area designated under this subsection in a manner that preserves the unique and diverse character of the area, including fish, wildlife, subsistence resources, and cultural values of the area.CommentsClose CommentsPermalink
(3) EXCLUSION FROM LEASING OR SURFACE OCCUPANCY-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary may exclude any special area designated under this subsection from leasing.CommentsClose CommentsPermalink
(B) NO SURFACE OCCUPANCY- If the Secretary leases all or a portion of a special area for the purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the land comprising the special area.CommentsClose CommentsPermalink
(4) DIRECTIONAL DRILLING- Notwithstanding any other provision 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.CommentsClose CommentsPermalink
(e) Limitation on Closed Areas- The Secretary may not close land within the Coastal Plain to oil and gas leasing or to exploration, development, or production except in accordance with this subtitle.CommentsClose CommentsPermalink
(f) Regulations-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 15 months after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, fish and wildlife habitat, subsistence resources, and environment of the Coastal Plain.CommentsClose CommentsPermalink
(2) REVISION OF REGULATIONS- The Secretary shall periodically review and, as appropriate, revise the rules and regulations issued under paragraph (1) to reflect any significant biological, environmental, scientific or engineering data that come to the attention of the Secretary.CommentsClose CommentsPermalink
SEC. 123. LEASE SALES.
(a) In General- Land may be leased pursuant to this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (
(b) Procedures- The Secretary shall, by regulation, establish procedures for--CommentsClose CommentsPermalink
(1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;CommentsClose CommentsPermalink
(2) the holding of lease sales after that nomination process; andCommentsClose CommentsPermalink
(3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.CommentsClose CommentsPermalink
(c) Lease Sale Bids- Bidding for leases under this subtitle shall be by sealed competitive cash bonus bids.CommentsClose CommentsPermalink
(d) Acreage Minimum in First Sale- For the first lease sale under this subtitle, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres.CommentsClose CommentsPermalink
(e) Timing of Lease Sales- The Secretary shall--CommentsClose CommentsPermalink
(1) not later than 22 months after the date of enactment of this Act, conduct the first lease sale under this subtitle;CommentsClose CommentsPermalink
(2) not later than 90 days after the date of the completion of the sale, evaluate the bids in the sale and issue leases resulting from the sale; andCommentsClose CommentsPermalink
(3) conduct additional sales at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales.CommentsClose CommentsPermalink
SEC. 124. GRANT OF LEASES BY THE SECRETARY.
(a) In General- On payment by a lessee of such bonus as may be accepted by the Secretary, the Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 123 a lease for any land on the Coastal Plain.CommentsClose CommentsPermalink
(b) Subsequent Transfers-CommentsClose CommentsPermalink
(1) IN GENERAL- No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary.CommentsClose CommentsPermalink
(2) CONDITION FOR APPROVAL- Before granting any approval described in paragraph (1), the Secretary shall consult with and give due consideration to the opinion of the Attorney General.CommentsClose CommentsPermalink
SEC. 125. LEASE TERMS AND CONDITIONS.
An oil or gas lease issued pursuant to this subtitle shall--CommentsClose CommentsPermalink
(1) provide for the payment of a royalty of not less than 12 1/2 percent of the amount or value of the production removed or sold from the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and gas leases;CommentsClose CommentsPermalink
(2) require that each lessee of land within the Coastal Plain shall be fully responsible and liable for the reclamation of land within the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities within the Coastal Plain conducted by the lessee or by any of the subcontractors or agents of the lessee;CommentsClose CommentsPermalink
(3) provide that the lessee may not delegate or convey, by contract or otherwise, that reclamation responsibility and liability to another person without the express written approval of the Secretary;CommentsClose CommentsPermalink
(4) provide that the standard of reclamation for land required to be reclaimed under this subtitle shall be, to the maximum extent practicable--CommentsClose CommentsPermalink
(A) a condition capable of supporting the uses that the land was capable of supporting prior to any exploration, development, or production activities; orCommentsClose CommentsPermalink
(B) on application by the lessee, to a higher or better standard, as approved by the Secretary;CommentsClose CommentsPermalink
(5) contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 122(a)(2);CommentsClose CommentsPermalink
(6) provide that each lessee, and each agent and contractor of a lessee, use their best efforts to provide a fair share of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State of Alaska, as determined by the level of obligation previously agreed to in the Federal Agreement; andCommentsClose CommentsPermalink
(7) contain such other provisions as the Secretary determines to be necessary to ensure compliance with this subtitle and the regulations promulgated under this subtitle.CommentsClose CommentsPermalink
SEC. 126. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaints-CommentsClose CommentsPermalink
(1) DEADLINE- A complaint seeking judicial review of a provision of this subtitle or an action of the Secretary under this subtitle shall be filed--CommentsClose CommentsPermalink
(A) except as provided in subparagraph (B), during the 90-day period beginning on the date on which the action being challenged was carried out; orCommentsClose CommentsPermalink
(B) in the case of a complaint based solely on grounds arising after the 90-day period described in subparagraph (A), by not later than 90 days after the date on which the complainant knew or reasonably should have known about the grounds for the complaint.CommentsClose CommentsPermalink
(2) VENUE- A complaint seeking judicial review of a provision of this subtitle or an action of the Secretary under this subtitle shall be filed in the United States District Court for the District of Columbia.CommentsClose CommentsPermalink
(3) SCOPE-CommentsClose CommentsPermalink
(A) IN GENERAL- Judicial review of a decision of the Secretary relating to a lease sale under this subtitle (including an environmental analysis of such a lease sale) shall be--CommentsClose CommentsPermalink
(i) limited to a review of whether the decision is in accordance with this subtitle; andCommentsClose CommentsPermalink
(ii) based on the administrative record of the decision.CommentsClose CommentsPermalink
(B) PRESUMPTIONS- Any identification by the Secretary of a preferred course of action relating to a lease sale, and any analysis by the Secretary of environmental effects, under this subtitle shall be presumed to be correct unless proven otherwise by clear and convincing evidence.CommentsClose CommentsPermalink
(b) Limitation on Other Review- Any action of the Secretary that is subject to judicial review under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.CommentsClose CommentsPermalink
(c) Relationship to Other Provisions- Subtitle B of title II shall not affect the application of this section.CommentsClose CommentsPermalink
SEC. 127. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.
(a) In General- The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas--CommentsClose CommentsPermalink
(1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act (
(2) under title XI of the Alaska National Interest Lands Conservation Act (
(b) Regulations- The Secretary shall include in regulations under section 122(f) provisions granting rights-of-way and easements described in subsection (a).CommentsClose CommentsPermalink
SEC. 128. CONVEYANCE.
Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (
(1) to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act (
(2) convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under the agreement between that corporation and the United States, dated August 9, 1983.CommentsClose CommentsPermalink
TITLE II--REVOCATION OF ENERGY-RESTRICTING BLM LOCKUPCommentsClose CommentsPermalink
TITLE II--REVOCATION OF ENERGY-RESTRICTING BLM LOCKUPCommentsClose CommentsPermalink
SEC. 201. REVOCATION OF SECRETARIAL ORDER NO. 3310.
Secretarial Order No. 3310, dated December 22, 2010, relating to protecting wilderness characteristics on lands managed by the Bureau of Land Management is hereby revoked.CommentsClose CommentsPermalink
Subtitle A--Expedited Shale Leasing of Federal LandsCommentsClose CommentsPermalink
Subtitle A--Expedited Shale Leasing of Federal LandsCommentsClose CommentsPermalink
SEC. 211. OPENING OF LANDS TO OIL SHALE LEASING.
(a) Repeal of Limitation on Use of Funds- Section 433 of division F of the Consolidated Appropriations Act, 2008 (
(b) Issuance of Regulations- The Secretary of the Interior shall issue all regulations necessary to implement section 369 of the Energy Policy Act of 2005 (
(c) Leasing of Oil Shale Resource- Immediately after issuing regulations under subsection (b), the Secretary of the Interior shall--CommentsClose CommentsPermalink
(1) offer for leasing for research and development of oil shale resources under subsection (c) of section 369 of the Energy Policy Act of 2005 (
(2) offer for leasing for commercial exploration, development, and production of oil shale resources under subsection (e) of such section, public lands in States for which the Secretary finds sufficient support and interest as required by that subsection.CommentsClose CommentsPermalink
Subtitle B--Judicial Review Regarding Energy ProjectsCommentsClose CommentsPermalink
Subtitle B--Judicial Review Regarding Energy ProjectsCommentsClose CommentsPermalink
SEC. 221. EXCLUSIVE JURISDICTION OVER CAUSES AND CLAIMS RELATING TO COVERED ENERGY PROJECTS.
Notwithstanding any other provision of law, the United States District Court for the District of Columbia shall have exclusive jurisdiction to hear all causes and claims under this title or any other provision of law that arise from any covered energy project.CommentsClose CommentsPermalink
SEC. 222. TIME FOR FILING COMPLAINT.
All causes and claims referred to in section 221 must be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned. Any cause or claim not filed within that time period shall be barred.CommentsClose CommentsPermalink
SEC. 223. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEADLINE.
(a) In General- All proceedings that are subject to section 221--CommentsClose CommentsPermalink
(1) shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause or claim is filed; andCommentsClose CommentsPermalink
(2) shall take precedence over all other pending matters before the district court.CommentsClose CommentsPermalink
(b) Failure To Comply With Deadline- If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline described under this section, the cause or claim shall be dismissed with prejudice and all rights relating to such cause or claim shall be terminated.CommentsClose CommentsPermalink
SEC. 224. ABILITY TO SEEK APPELLATE REVIEW.
An interlocutory or final judgment, decree, or order of the district court in a proceeding that is subject to section 221 may be reviewed by no other court except the Supreme Court.CommentsClose CommentsPermalink
SEC. 225. DEADLINE FOR APPEAL TO THE SUPREME COURT.
If a writ of certiorari has been granted by the Supreme Court pursuant to section 224, then--CommentsClose CommentsPermalink
(1) the interlocutory or final judgment, decree, or order of the district court shall be resolved as expeditiously as possible and in any event not more than 180 days after such interlocutory or final judgment, decree, order of the district court is issued; andCommentsClose CommentsPermalink
(2) all such proceedings shall take precedence over all other matters then before the Supreme Court.CommentsClose CommentsPermalink
SEC. 226. COVERED ENERGY PROJECT DEFINED.
In this subtitle, the term ‘covered energy project’ means any action or decision by the President or a Federal official regarding--CommentsClose CommentsPermalink
(1) the leasing of Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, including actions and decisions regarding the selection or offering of Federal lands for such leasing; orCommentsClose CommentsPermalink
(2) any action under such a lease.CommentsClose CommentsPermalink
SEC. 227. LIMITATION ON APPLICATION.
This subtitle shall not apply with respect to a covered energy project to the extent such application would be inconsistent with subtitle C.CommentsClose CommentsPermalink
Subtitle C--Permitting ReformCommentsClose CommentsPermalink
Subtitle C--Permitting ReformCommentsClose CommentsPermalink
SEC. 231. PURPOSES.
The purposes of this subtitle are to--CommentsClose CommentsPermalink
(1) respond to the Nation’s increased need for domestic energy resources;CommentsClose CommentsPermalink
(2) facilitate interagency coordination and cooperation in the processing of permits required to support oil and gas use authorization on Federal lands, both onshore and on the Outer Continental Shelf, in order to achieve greater consistency, certainty, and timeliness in permit processing requirements;CommentsClose CommentsPermalink
(3) promote process streamlining and increased interagency efficiency, including elimination of interagency duplication of effort;CommentsClose CommentsPermalink
(4) improve information sharing among agencies and understanding of respective agency roles and responsibilities;CommentsClose CommentsPermalink
(5) promote coordination with State agencies with expertise and responsibilities related to Federal oil and gas permitting decisions;CommentsClose CommentsPermalink
(6) promote responsible stewardship of Federal oil and gas resources;CommentsClose CommentsPermalink
(7) maintain high standards of safety and environmental protection; andCommentsClose CommentsPermalink
(8) enhance the benefits to Federal permitting already occurring as a result of a coordinated and timely interagency process for oil and gas permit review for certain Federal oil and gas leases.CommentsClose CommentsPermalink
SEC. 232. FEDERAL COORDINATOR.
(a) Establishment- There is established, as an independent agency in the Executive Branch, the Office of the Federal Oil and Gas Permit Coordinator.CommentsClose CommentsPermalink
(b) Federal Permit Coordinator- The Office shall be headed by a Federal Permit Coordinator, who shall be appointed by the President within 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Duties- The Federal Permit Coordinator shall be responsible for the following:CommentsClose CommentsPermalink
(1) Coordinating the timely completion of all permitting activities by Federal agencies, and State agencies to the maximum extent practicable, with respect to any oil and gas project under a Federal lease issued pursuant to the mineral leasing laws, either onshore or on the Outer Continental Shelf. For purposes of this subtitle only, such oil and gas projects shall include oil shale projects under Federal oil shale leases.CommentsClose CommentsPermalink
(2) Ensuring the compliance of Federal agencies, and State agencies to the extent they participate, with this subtitle.CommentsClose CommentsPermalink
SEC. 233. REGIONAL OFFICES AND REGIONAL PERMIT COORDINATORS.
(a) Regional Offices- Within 90 days after the date of appointment of the Federal Permit Coordinator, the Secretary of the Interior (Secretary), in consultation with the Federal Permit Coordinator, shall establish regional offices to coordinate review of Federal permits for oil and gas projects on Federal lands onshore and on the Outer Continental Shelf.CommentsClose CommentsPermalink
(b) Number and Location of Regional Offices- The number of regional offices shall be established by the Secretary in consultation with the Federal Permit Coordinator. The Secretary shall ensure that there is an adequate number of offices in each region proximate to available Federal oil and gas lease tracts onshore and on the Outer Continental Shelf to meet the demands for expeditious permitting in that region. The Secretary shall designate as regional offices under this section all offices established under section 365 of the Energy Policy Act of 2005 (
(c) Memorandum of Understanding- Within 90 days after the appointment of the Federal Permit Coordinator, the Federal Permit Coordinator, the Secretary, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency, the Secretary of Defense, and the head of any other Federal agency with responsibilities related to permitting of Federal oil and gas leases, shall enter into a memorandum of understanding (MOU) establishing respective duties and responsibilities for staffing the regional offices and accomplishing the objectives of this section.CommentsClose CommentsPermalink
(d) Designation of Qualified Staff-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 30 days after the date of signing of the MOU under subsection (c), all Federal signatory agencies shall assign to each regional office the appropriate employees with expertise in the oil and gas permitting issues relating to that office, including, but not limited, with respect to--CommentsClose CommentsPermalink
(A) consultation and preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (
(B) permits under section 404 of Federal Water Pollution Control Act (
(C) regulatory matters under the Clean Air Act (
(D) planning under the National Forest Management Act of 1976 (
(E) the preparation of analyses under the National Environmental Policy Act of 1969 (
(F) applications for permits to drill under the Mineral Leasing Act (
(G) exploration plans and development and production plans under the Outer Continental Shelf Lands Act (
(2) PREFERENCE AND INCENTIVES- To the maximum extent practicable, for purposes of this subsection, Federal agencies shall give preference to employees volunteering for reassignment to the regional offices, and shall offer incentives to attract and retain regional office employees, including, but not limited to, retaining contract employees, rotational assignments, salary incentives of up to 120 percent of an employee’s existing salary immediately prior to reassignment, or any combination of strategies.CommentsClose CommentsPermalink
(e) Duties- Each employee assigned under subsection (d) shall--CommentsClose CommentsPermalink
(1) within 90 days after the date of assignment, report to the regional office to which the employee is assigned;CommentsClose CommentsPermalink
(2) be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; andCommentsClose CommentsPermalink
(3) participate as part of the team working on proposed oil and gas projects, planning, and environmental analyses.CommentsClose CommentsPermalink
(f) Creation of and Delegation of Authority to Regional Permit Coordinators- The Federal Permit Coordinator shall appoint a Regional Permit Coordinator to be located within each regional office established under this section, with full authority to act on behalf of the Federal Permit Coordinator.CommentsClose CommentsPermalink
(g) Additional Personnel- The Federal Permit Coordinator or Regional Permit Coordinators may at any time direct that any Federal agency party to the MOU under subsection (c) assign additional staff required to implement the duties of the regional offices.CommentsClose CommentsPermalink
SEC. 234. REVIEWS AND ACTIONS OF FEDERAL AGENCIES.
(a) Schedules for Timely Permit Decisionmaking- Within 10 days after the date on which the Secretary receives any oil and gas permit application or amended application, the Secretary shall either notify the applicant that the application is complete or notify the applicant that information is missing and specify the information that is required to be submitted for the application to be complete. Within 30 days after notifying a permit applicant that an application is complete, the Secretary, in consultation with the permit applicant as necessary, shall determine and inform the Regional Permit Coordinator responsible for that project area whether the proposed permit is a class I, class II, or class III permit. The Regional Permit Coordinator shall as soon as possible but in no event later than 30 days following the Secretary’s determination establish a binding schedule to ensure the most expeditious possible review and processing of the requested permit, in accordance with this section.CommentsClose CommentsPermalink
(b) Permit Classes and Schedules-CommentsClose CommentsPermalink
(1) CLASS I PERMITS- An oil and gas permit shall be designated as a class I permit under this section if the permitted activity is of a nature that would typically require preparation of an environmental impact statement under NEPA to inform the permitting decision. For such permits, the Regional Permit Coordinator shall establish a schedule for timely completion of all permit reviews and processing, not to exceed 30 months. The Regional Permit Coordinator shall make the schedule publicly available within 10 days after the schedule is established.CommentsClose CommentsPermalink
(2) CLASS II PERMITS- An oil and gas permit shall be designated as a class II permit under this section if the permitted activity is of a nature that would typically be found not to significantly affect the quality of the human environment under NEPA. For such permits, the Regional Permit Coordinator shall establish the most expeditious schedule possible for completion of all permit reviews and processing, not to exceed 90 days. The Regional Permit Coordinator may grant a one-time extension of that schedule, not to exceed 60 days, upon a good cause showing that additional time is necessary to complete permit decisions. Not later than 15 days after establishing or extending any schedule for a class II permit, the Regional Permit Coordinator shall provide the permit applicant with the schedule.CommentsClose CommentsPermalink
(3) CLASS III PERMITS- Notwithstanding paragraphs (1) and (2), an oil and gas permit shall be designated as a class III permit under this section if the permitted activity either qualifies for a statutory or regulatory categorical exclusion under NEPA or if the requirements under NEPA and other applicable law for the permit have been completed within 30 days after the date of a complete application. For such permits, the permit shall be issued within 30 days after the date of a complete application.CommentsClose CommentsPermalink
(4) RECLASSIFICATION OF CLASS II PERMIT- If prior to the expiration of the established schedule for a class II permit newly discovered information indicates that the class II permit will significantly affect the quality of the human environment, the Secretary may, in consultation with the permit applicant, reclassify the permit as a class I permit under paragraph (1), and the Regional Coordinator shall establish an amended schedule that complies with the provisions of that paragraph.CommentsClose CommentsPermalink
(c) Reporting- The Regional Permit Coordinators shall include data on all schedule timing and compliance in their reports to the Federal Permit Coordinator required under subsection (i), who shall include such data in the report to the President and Congress required under subsection (i).CommentsClose CommentsPermalink
(d) Dispute Resolution- The Regional Permit Coordinator shall resolve all administrative issues that affect oil and gas permit reviews. The Regional Permit Coordinator shall report jointly to the Federal Permit Coordinator and to the head of the relevant action agency, or his or her designee, for resolution of any issue regarding an oil and gas permit that may result in missing the schedule deadlines established pursuant to subsection (b). The Regional Permit Coordinators shall include data regarding the incidence and resolution of disputes under this subsection in their reports to the Federal Permit Coordinator required under subsection (i), who shall include such reported data and develop recommendations in the report to the President and Congress required under subsection (i).CommentsClose CommentsPermalink
(e) Remedies- An applicant for a class I permit may bring a cause of action to seek expedited mandamus review, if a Regional Permit Coordinator or the Secretary fails to--CommentsClose CommentsPermalink
(1) establish a schedule in accordance with subsection (b);CommentsClose CommentsPermalink
(2) enforce and ensure completion of reviews within schedule deadlines; orCommentsClose CommentsPermalink
(3) take all actions as are necessary and proper to avoid jeopardizing the timely completion of the entire schedule.CommentsClose CommentsPermalink
If an agency fails to complete its review of and issue a decision upon a permit within the schedule established by the Court, that permit shall be deemed granted to the applicant.CommentsClose CommentsPermalink
(f) Prohibition of Certain Terms and Conditions- No Federal agency may include in any permit, right-of-way, or other authorization issued for an oil and gas project subject to the provisions of this subtitle, any term or condition that may be authorized, but is not required, by the provisions of any applicable law, if the Federal Permit Coordinator determines that such term or condition would prevent or impair in any significant respect completion of a permit review within the time schedule established pursuant to subsection (b) or would otherwise impair in any significant respect expeditious oil and gas development. The Federal Permit Coordinator shall not have any authority to impose any terms, conditions, or requirements beyond those imposed by any Federal law, agency, regulation, or lease term.CommentsClose CommentsPermalink
(g) Consolidated Record- The Federal Permit Coordinator, acting through the appropriate Regional Permit Coordinator, with the cooperation of Federal and State administrative officials and agencies, shall maintain a complete, consolidated record of all decisions made or actions taken by the Federal Permit Coordinator or Regional Permit Coordinator or by any Federal agency with respect to any oil and gas permit.CommentsClose CommentsPermalink
(h) Relationship to NEPA and Energy Policy Act of 2005-CommentsClose CommentsPermalink
(1) Section 390(a) of the Energy Policy Act of 2005 (
(A) by striking ‘rebuttable presumption that the use of a’; andCommentsClose CommentsPermalink
(B) by striking ‘would apply’.CommentsClose CommentsPermalink
(2) Section 17(p) of the Mineral Leasing Act (
(i) Additional Powers and Responsibilities-CommentsClose CommentsPermalink
(1) REGIONAL PERMIT COORDINATOR REPORTS- The Regional Permit Coordinators shall each submit a report to the Federal Permit Coordinator by December 31 of each year that documents each office’s performance in meeting the objectives under this subtitle, including recommendations to further streamline the permitting process.CommentsClose CommentsPermalink
(2) REDIRECTION OF PRIORITIES OR RESOURCES- In order to expedite overall permitting activity, the Federal Permit Coordinator may redirect the priority of regional office activities or the allocation of resources among such offices, and shall engage the agencies that are parties to the MOU to the extent such adjustments implicate their respective staffs or resources.CommentsClose CommentsPermalink
(3) REPORT TO CONGRESS- Beginning three years after the date of enactment of this Act, the Federal Permit Coordinator shall prepare and submit a report to the President and Congress by April 15 of each year that outlines the results achieved under this subtitle and makes recommendations to the President and Congress for further improvements in processing oil and gas permits on Federal lands.CommentsClose CommentsPermalink
SEC. 235. STATE COORDINATION.
The Governor of any State wherein an oil and gas operation may require a Federal permit, or the coastline of which is in immediate geographic proximity to oil and gas operations on the Outer Continental Shelf, may be a signatory to the MOU for purposes of fulfilling any State responsibilities with respect to Federal oil and gas permitting decisions. The Regional Permit Coordinators shall facilitate and coordinate concurrent State reviews of requested permits for oil and gas projects on the Outer Continental Shelf.CommentsClose CommentsPermalink
SEC. 236. SAVINGS PROVISION.
Except as expressly stated, nothing in this subtitle affects--CommentsClose CommentsPermalink
(1) the applicability of any Federal or State law; orCommentsClose CommentsPermalink
(2) any delegation of authority made by the head of a Federal agency the employees of which are participating in the implementation of this section.CommentsClose CommentsPermalink
SEC. 237. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review- Any oil and gas permitting decision for Federal lands onshore or on the Outer Continental Shelf that was issued in accordance with the procedures established by this subtitle shall not be subject to further administrative review within the respective Federal agency responsible for that decision, and shall be the final decision of that agency for purposes of judicial review.CommentsClose CommentsPermalink
(b) Exclusive Jurisdiction Over Permit Decisions- Only the United States District Court for the District of Columbia shall have original jurisdiction over any civil action for the review of such a permit decision.CommentsClose CommentsPermalink
(c) Limitations on Claims- Notwithstanding any other provision of law, any action arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for an oil and gas permit subject to this subtitle shall be barred unless it is filed within 90 days of the date of the decision. Nothing in this subtitle shall create a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval.CommentsClose CommentsPermalink
(d) Filing of Record- When any civil action is brought pursuant to this subtitle, the Federal Permit Coordinator shall immediately prepare for the court a consolidated record.CommentsClose CommentsPermalink
(e) Expedited Review- Any action for judicial review challenging a decision approved pursuant to this section shall be set for consideration by not later than 90 days after the date the action is filed.CommentsClose CommentsPermalink
(f) Expedited Mandamus Review- Notwithstanding subsection (e), within 30 days after the filing of an action challenging or seeking to enforce an established permit review schedule for a class I permit, the court shall issue a decision either compelling permit issuance or sanctioning the delay and establishing a new schedule that enables the most expeditious possible completion of proceedings. In rendering its decision, the court shall review whether the agencies subject to the schedule have been acting in good faith, whether the permit applicant has been cooperating fully with the agencies that are responsible for issuing the requested permits, and any other relevant matters. The court may issue orders to enforce any schedule it establishes under this subsection.CommentsClose CommentsPermalink
(g) No Private Right of Action- This subtitle shall not be construed to create any additional right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a person against the United States, its agencies, its officers, or any person.CommentsClose CommentsPermalink
(h) Finality of Leasing Decisions- Notwithstanding the provisions of any law or regulation to the contrary, a decision by the Bureau of Land Management or the Minerals Management Service to issue a Final Notice of Sale and proceed with an oil and gas lease sale pursuant to any mineral leasing law shall not be subject to further administrative review within the Department of the Interior, and shall be the final decision of the agency for purposes of judicial review.CommentsClose CommentsPermalink
SEC. 238. AMENDMENTS TO PUBLICATION PROCESS.
Section 18 of the Outer Continental Shelf Lands Act (
(1) by amending subsection (c)(2) to read as follows:CommentsClose CommentsPermalink
‘(2) The Secretary shall publish a proposed leasing program in the Federal Register, and shall submit a copy of such proposed program to the Governor of each affected State, for review and comment. The Governor may solicit comments from those executives of local governments in his State which he, in his discretion, determines will be affected by the proposed program.’;CommentsClose CommentsPermalink
(2) by striking subsection (c)(3); andCommentsClose CommentsPermalink
(3) in subsection (d)(2) by inserting ‘final’ after ‘proposed’.CommentsClose CommentsPermalink
SEC. 239. REPEAL OF FEE FOR PERMITS TO DRILL.
SEC. 240. ALASKA OFFSHORE CONTINENTAL SHELF COORDINATION OFFICE.
(a) Establishment- The Secretary of the Interior shall establish and maintain, in coordination with the Mayor of the North Slope Borough of Alaska, a separate office to be known as the Alaska Offshore Continental Shelf Coordination Office.CommentsClose CommentsPermalink
(b) Purpose- The purpose of the office shall be to--CommentsClose CommentsPermalink
(1) coordinate the leasing of the Outer Continental Shelf off the coast of Alaska;CommentsClose CommentsPermalink
(2) advise persons awarded such leases on local conditions and the history of areas affected by development of the oil and gas resources of the Outer Continental Shelf off the coast of Alaska;CommentsClose CommentsPermalink
(3) provide to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate annual reports on the status of the coordination between such and communities affected by such development;CommentsClose CommentsPermalink
(4) collect from residents of the North Slope of Alaska information regarding the impacts of such development on marine wildlife, coastal habitats, marine and coastal subsistence resources, and the marine and coastal environment of Alaska’s North Slope region; andCommentsClose CommentsPermalink
(5) ensure that the information collected under paragraph (3) is submitted to--CommentsClose CommentsPermalink
(A) developers of such resources; andCommentsClose CommentsPermalink
(B) any appropriate Federal agency.CommentsClose CommentsPermalink
TITLE III--RELIEF FROM REGULATIONS AND PROHIBITIONS THAT CAUSE ARTIFICIAL PRICE INCREASESCommentsClose CommentsPermalink
TITLE III--RELIEF FROM REGULATIONS AND PROHIBITIONS THAT CAUSE ARTIFICIAL PRICE INCREASESCommentsClose CommentsPermalink
Subtitle A--Relief From EPA Climate Change Regulations and Federal Prohibitions on Synthetic FuelsCommentsClose CommentsPermalink
Subtitle A--Relief From EPA Climate Change Regulations and Federal Prohibitions on Synthetic FuelsCommentsClose CommentsPermalink
SEC. 301. REPEAL OF EPA CLIMATE CHANGE REGULATION.
(a) Greenhouse Gas Regulation Under Clean Air Act- Section 302(g) of the Clean Air Act (
(b) No Regulation of Climate Change- Nothing in the Clean Air Act (
SEC. 302. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS PURCHASING REQUIREMENT.
Section 526 of the Energy Independence and Security Act of 2007 (
Subtitle B--Refinery ReformCommentsClose CommentsPermalink
Subtitle B--Refinery ReformCommentsClose CommentsPermalink
SEC. 311. REFINERY PERMITTING PROCESS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink
(2) EXPANSION- The term ‘expansion’ means a physical change that results in an increase in the capacity of a refinery.CommentsClose CommentsPermalink
(3) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (
(4) PERMIT- The term ‘permit’ means any permit, license, approval, variance, or other form of authorization that a refiner is required to obtain--CommentsClose CommentsPermalink
(A) under any Federal law; orCommentsClose CommentsPermalink
(B) from a State or Indian tribal government agency delegated authority by the Federal Government, or authorized under Federal law, to issue permits.CommentsClose CommentsPermalink
(5) REFINER- The term ‘refiner’ means a person that--CommentsClose CommentsPermalink
(A) owns or operates a refinery; orCommentsClose CommentsPermalink
(B) seeks to become an owner or operator of a refinery.CommentsClose CommentsPermalink
(6) REFINERY-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘refinery’ means--CommentsClose CommentsPermalink
(i) a facility at which crude oil is refined into transportation fuel or other petroleum products; andCommentsClose CommentsPermalink
(ii) a coal liquification or coal-to-liquid facility at which coal is processed into synthetic crude oil or any other fuel.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term ‘refinery’ includes an expansion of a refinery.CommentsClose CommentsPermalink
(7) REFINERY PERMITTING AGREEMENT- The term ‘refinery permitting agreement’ means an agreement entered into between the Administrator and a State or Indian tribe under subsection (b).CommentsClose CommentsPermalink
(8) SECRETARY- The term ‘Secretary’ means the Secretary of Commerce.CommentsClose CommentsPermalink
(9) STATE- The term ‘State’ means--CommentsClose CommentsPermalink
(A) a State;CommentsClose CommentsPermalink
(B) the District of Columbia;CommentsClose CommentsPermalink
(C) the Commonwealth of Puerto Rico; andCommentsClose CommentsPermalink
(D) any other territory or possession of the United States.CommentsClose CommentsPermalink
(b) Streamlining of Refinery Permitting Process-CommentsClose CommentsPermalink
(1) IN GENERAL- At the request of the Governor of a State or the governing body of an Indian tribe, the Administrator shall enter into a refinery permitting agreement with the State or Indian tribe under which the process for obtaining all permits necessary for the construction and operation of a refinery shall be streamlined using a systematic interdisciplinary multimedia approach as provided in this section.CommentsClose CommentsPermalink
(2) AUTHORITY OF ADMINISTRATOR- Under a refinery permitting agreement the Administrator shall have authority, as applicable and necessary, to--CommentsClose CommentsPermalink
(A) accept from a refiner a consolidated application for all permits that the refiner is required to obtain to construct and operate a refinery;CommentsClose CommentsPermalink
(B) in consultation and cooperation with each Federal, State, or Indian tribal government agency that is required to make any determination to authorize the issuance of a permit, establish a schedule under which each agency shall--CommentsClose CommentsPermalink
(i) concurrently consider, to the maximum extent practicable, each determination to be made; andCommentsClose CommentsPermalink
(ii) complete each step in the permitting process; andCommentsClose CommentsPermalink
(C) issue a consolidated permit that combines all permits issued under the schedule established under subparagraph (B).CommentsClose CommentsPermalink
(3) AGREEMENT BY THE STATE- Under a refinery permitting agreement, a State or governing body of an Indian tribe shall agree that--CommentsClose CommentsPermalink
(A) the Administrator shall have each of the authorities described in paragraph (2); andCommentsClose CommentsPermalink
(B) each State or Indian tribal government agency shall--CommentsClose CommentsPermalink
(i) in accordance with State law, make such structural and operational changes in the agencies as are necessary to enable the agencies to carry out consolidated project-wide permit reviews concurrently and in coordination with the Environmental Protection Agency and other Federal agencies; andCommentsClose CommentsPermalink
(ii) comply, to the maximum extent practicable, with the applicable schedule established under paragraph (2)(B).CommentsClose CommentsPermalink
(4) DEADLINES-CommentsClose CommentsPermalink
(A) NEW REFINERIES- In the case of a consolidated permit for the construction of a new refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than--CommentsClose CommentsPermalink
(i) 360 days after the date of the receipt of the administratively complete application for the consolidated permit; orCommentsClose CommentsPermalink
(ii) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 90 days after the expiration of the deadline established under clause (i).CommentsClose CommentsPermalink
(B) EXPANSION OF EXISTING REFINERIES- In the case of a consolidated permit for the expansion of an existing refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than--CommentsClose CommentsPermalink
(i) 120 days after the date of the receipt of the administratively complete application for the consolidated permit; orCommentsClose CommentsPermalink
(ii) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 30 days after the expiration of the deadline established under clause (i).CommentsClose CommentsPermalink
(5) FEDERAL AGENCIES- Each Federal agency that is required to make any determination to authorize the issuance of a permit shall comply with the applicable schedule established under paragraph (2)(B).CommentsClose CommentsPermalink
(6) JUDICIAL REVIEW- Any civil action for review of any permit determination under a refinery permitting agreement shall be brought exclusively in the United States district court for the district in which the refinery is located or proposed to be located.CommentsClose CommentsPermalink
(7) EFFICIENT PERMIT REVIEW- In order to reduce the duplication of procedures, the Administrator shall use State permitting and monitoring procedures to satisfy substantially equivalent Federal requirements under this subtitle.CommentsClose CommentsPermalink
(8) SEVERABILITY- If 1 or more permits that are required for the construction or operation of a refinery are not approved on or before any deadline established under paragraph (4), the Administrator may issue a consolidated permit that combines all other permits that the refiner is required to obtain other than any permits that are not approved.CommentsClose CommentsPermalink
(9) SAVINGS- Nothing in this subsection affects the operation or implementation of otherwise applicable law regarding permits necessary for the construction and operation of a refinery.CommentsClose CommentsPermalink
(10) CONSULTATION WITH LOCAL GOVERNMENTS- Congress encourages the Administrator, States, and tribal governments to consult, to the maximum extent practicable, with local governments in carrying out this subsection.CommentsClose CommentsPermalink
(11) EFFECT ON LOCAL AUTHORITY- Nothing in this subsection affects--CommentsClose CommentsPermalink
(A) the authority of a local government with respect to the issuance of permits; orCommentsClose CommentsPermalink
(B) any requirement or ordinance of a local government (such as a zoning regulation).CommentsClose CommentsPermalink
(c) Fischer-Tropsch Fuels-CommentsClose CommentsPermalink
(1) IN GENERAL- In cooperation with the Secretary of Energy, the Secretary of Defense, the Administrator of the Federal Aviation Administration, Secretary of Health and Human Services, and Fischer-Tropsch industry representatives, the Administrator shall--CommentsClose CommentsPermalink
(A) conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer-Tropsch transportation fuel, including diesel and jet fuel;CommentsClose CommentsPermalink
(B) evaluate the use of ultra-clean Fischer-Tropsch transportation fuel as a mechanism for reducing engine exhaust emissions; andCommentsClose CommentsPermalink
(C) submit recommendations to Congress on the most effective use and associated benefits of these ultra-clean fuel for reducing public exposure to exhaust emissions.CommentsClose CommentsPermalink
(2) GUIDANCE AND TECHNICAL SUPPORT- The Administrator shall, to the extent necessary, issue any guidance or technical support documents that would facilitate the effective use and associated benefit of Fischer-Tropsch fuel and blends.CommentsClose CommentsPermalink
(3) REQUIREMENTS- The program described in paragraph (1) shall consider--CommentsClose CommentsPermalink
(A) the use of neat (100 percent) Fischer-Tropsch fuel and blends with conventional crude oil-derived fuel for heavy-duty and light-duty diesel engines and the aviation sector; andCommentsClose CommentsPermalink
(B) the production costs associated with domestic production of those ultra-clean fuel and prices for consumers.CommentsClose CommentsPermalink
(4) REPORTS- The Administrator shall submit to the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives--CommentsClose CommentsPermalink
(A) not later than 1 year after the date of enactment of this Act, an interim report on actions taken to carry out this subsection; andCommentsClose CommentsPermalink
(B) not later than 2 years after the date of enactment of this Act, a final report on actions taken to carry out this subsection.CommentsClose CommentsPermalink
SEC. 312. EXISTING REFINERY PERMIT APPLICATION DEADLINE.
Notwithstanding any other provision of law, applications for a permit for existing refinery applications shall not be considered to be timely if submitted after 120 days after the date of enactment of this Act.CommentsClose CommentsPermalink
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