U.S. Congress - Text of H.R.3302 as Introduced in House Restore America Act of 2011
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Donate NowH.R.3302 - Restore America Act of 2011
To create private sector jobs by simplifying the tax code, increasing domestic energy production, reforming government regulations, and strengthening workforce training programs.
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HR 3302 IHCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 3302CommentsClose CommentsPermalink
To create private sector jobs by simplifying the tax code, increasing domestic energy production, reforming government regulations, and strengthening workforce training programs.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
November 1, 2011CommentsClose CommentsPermalink
November 1, 2011CommentsClose CommentsPermalink
Mr. ROONEY introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Natural Resources, the Judiciary, Oversight and Government Reform, Energy and Commerce, Rules, and Education and the Workforce, 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 create private sector jobs by simplifying the tax code, increasing domestic energy production, reforming government regulations, and strengthening workforce training programs.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 cited as the ‘Restore America Act of 2011’.CommentsClose CommentsPermalink
(b) Table of Contents-CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--ENERGY
Sec. 100. Findings.CommentsClose CommentsPermalink
Subtitle A--Outer Continental Shelf
Sec. 101. Leasing program considered approved.CommentsClose CommentsPermalink
Sec. 102. Outer Continental Shelf lease sales.CommentsClose CommentsPermalink
Sec. 103. Definitions under the Outer Continental Shelf Lands Act.CommentsClose CommentsPermalink
Sec. 104. Determination of Adjacent Zones and OCS Planning Areas.CommentsClose CommentsPermalink
Sec. 105. Grant of leases by Secretary.CommentsClose CommentsPermalink
Sec. 106. Disposition of receipts.CommentsClose CommentsPermalink
Sec. 107. Outer Continental Shelf leasing program.CommentsClose CommentsPermalink
Sec. 108. Coordination with Adjacent States.CommentsClose CommentsPermalink
Sec. 109. Environmental studies.CommentsClose CommentsPermalink
Sec. 110. Seaward boundaries of States.CommentsClose CommentsPermalink
Sec. 111. Outer Continental Shelf incompatible use.CommentsClose CommentsPermalink
Sec. 112. Repurchase of certain leases.CommentsClose CommentsPermalink
Sec. 113. Offsite environmental mitigation.CommentsClose CommentsPermalink
Subtitle B--Arctic National Wildlife Refuge
Sec. 121. Definitions.CommentsClose CommentsPermalink
Sec. 122. Leasing program for lands 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. Coastal Plain environmental protection.CommentsClose CommentsPermalink
Sec. 127. Expedited judicial review.CommentsClose CommentsPermalink
Sec. 128. Federal and State distribution of revenues.CommentsClose CommentsPermalink
Sec. 129. Rights-of-way across the Coastal Plain.CommentsClose CommentsPermalink
Sec. 130. Conveyance.CommentsClose CommentsPermalink
Sec. 131. Local government impact aid and community service assistance.CommentsClose CommentsPermalink
Subtitle C--Oil Shale
Sec. 141. Oil shale.CommentsClose CommentsPermalink
Subtitle D--Coal-to-Liquid
Sec. 151. Definitions relating to coal-to-liquid fuel and facilities.CommentsClose CommentsPermalink
Sec. 152. Repeal.CommentsClose CommentsPermalink
Subtitle E--Nuclear
Sec. 161. Findings and policy.CommentsClose CommentsPermalink
Sec. 162. 200 operating permits by 2040.CommentsClose CommentsPermalink
Sec. 163. Repeal of Office of Civilian Radioactive Waste Management.CommentsClose CommentsPermalink
Sec. 164. Radiological material repository.CommentsClose CommentsPermalink
Sec. 165. Independent radiological material management.CommentsClose CommentsPermalink
Sec. 166. Spent nuclear fuel recycling.CommentsClose CommentsPermalink
Sec. 167. Nuclear fuel supply reserve.CommentsClose CommentsPermalink
Sec. 168. Public health and safety.CommentsClose CommentsPermalink
Sec. 169. Streamlining Combined Construction and Operating License.CommentsClose CommentsPermalink
Sec. 170. Reactor design certification.CommentsClose CommentsPermalink
Sec. 171. Technology-neutral plant design specifications.CommentsClose CommentsPermalink
Sec. 172. Next Generation Nuclear Plant.CommentsClose CommentsPermalink
Sec. 173. Uranium mining on Federal lands.CommentsClose CommentsPermalink
Sec. 174. Small and modular reactor licensing.CommentsClose CommentsPermalink
Sec. 175. Limitation on regulatory time frame.CommentsClose CommentsPermalink
Sec. 176. Definition.CommentsClose CommentsPermalink
TITLE II--REGULATORY REFORM
Sec. 201. Purpose.CommentsClose CommentsPermalink
Sec. 202. Congressional review of agency rulemaking.CommentsClose CommentsPermalink
TITLE III--TAX REFORM
Sec. 301. Reduction in corporate income tax rates.CommentsClose CommentsPermalink
Sec. 302. 2003 tax reductions on domestic dividends made permanent.CommentsClose CommentsPermalink
Sec. 303. Small business expensing for small business made permanent.CommentsClose CommentsPermalink
Sec. 304. Permanent extension of estate tax relief.CommentsClose CommentsPermalink
Sec. 305. Additional savings.CommentsClose CommentsPermalink
TITLE IV--WORKFORCE INVESTMENT
Sec. 401. Sense of Congress regarding the need to reauthorize the Workforce Investment Act of 1998.CommentsClose CommentsPermalink
TITLE I--ENERGYCommentsClose CommentsPermalink
TITLE I--ENERGYCommentsClose CommentsPermalink
SEC. 100. FINDINGS.
The Congress finds the following:CommentsClose CommentsPermalink
(1) The United States is blessed with abundant energy resources on the outer Continental Shelf and has developed a comprehensive framework of environmental laws and regulations and fostered the development of state-of-the-art technology that allows for the responsible development of these resources for the benefit of its citizenry.CommentsClose CommentsPermalink
(2) Adjacent States are required by the circumstances to commit significant resources in support of exploration, development, and production activities for mineral resources on the outer Continental Shelf, and it is fair and proper for a portion of the receipts from such activities to be shared with Adjacent States and their local coastal governments.CommentsClose CommentsPermalink
(3) Development of domestic oil and gas resources can be accomplished in a safe and environmentally responsible manner.CommentsClose CommentsPermalink
Subtitle A--Outer Continental ShelfCommentsClose CommentsPermalink
Subtitle A--Outer Continental ShelfCommentsClose CommentsPermalink
SEC. 101. LEASING PROGRAM CONSIDERED APPROVED.
(a) In General- The Draft Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program 2010-2015 released by the Secretary of the Interior (referred to in this section as the ‘Secretary’) in January 2009, under section 18 of the Outer Continental Shelf Lands Act (
(b) Final Environmental Impact Statement- The Secretary is considered to have issued a legally sufficient final environmental impact statement for the program described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 (
SEC. 102. OUTER CONTINENTAL SHELF LEASE SALES.
(a) In General- Except as provided in subsection (b), not later than 30 days after the date of enactment of this Act and every 270 days thereafter, the Secretary of the Interior (referred to in this section as the ‘Secretary’) shall conduct a lease sale in each outer Continental Shelf 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
(b) 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 an area under subsection (a), not later than 2 years after the date of such determination, and every 2 years thereafter, the Secretary shall--CommentsClose CommentsPermalink
(1) reevaluate whether there is commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the area; andCommentsClose CommentsPermalink
(2) if the Secretary determines that there is a commercial interest described in paragraph (1), conduct a lease sale in the area.CommentsClose CommentsPermalink
SEC. 103. DEFINITIONS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.
Section 2 of the Outer Continental Shelf Lands Act (
(1) in the matter preceding subsection (a), by striking ‘When used in this Act--’ and inserting ‘In this Act:’;CommentsClose CommentsPermalink
(2) in subsection (a), by inserting after ‘control’ the following: ‘, or lying within the United States exclusive economic zone adjacent to the Territories of the United States’;CommentsClose CommentsPermalink
(3) by amending subsection (f) to read as follows:CommentsClose CommentsPermalink
‘(f) The term ‘affected State’ means the ‘Adjacent State’.’;CommentsClose CommentsPermalink
(4) by striking the semicolon at the end of each of subsections (a) through (o) and inserting a period;CommentsClose CommentsPermalink
(5) by striking ‘; and’ at the end of subsection (p) and inserting a period; andCommentsClose CommentsPermalink
(6) by adding at the end the following:CommentsClose CommentsPermalink
‘(r) The term ‘Adjacent State’ means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf to which such program, plan, lease sale, or leased tract appertains or on which such activity is, or is proposed to be, conducted. For purposes of this paragraph, the term ‘State’ includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and the other Territories of the United States.CommentsClose CommentsPermalink
‘(s) The term ‘Adjacent Zone’ means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States.CommentsClose CommentsPermalink
‘(t) The term ‘miles’ means statute miles.CommentsClose CommentsPermalink
‘(u) The term ‘coastline’ has the same meaning as the term ‘coast line’ as defined in section 2(c) of the Submerged Lands Act (
43 U.S.C. 1301(c) ).’.CommentsClose CommentsPermalink
SEC. 104. DETERMINATION OF ADJACENT ZONES AND OCS PLANNING AREAS.
Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (
SEC. 105. GRANT OF LEASES BY SECRETARY.
Section 8 of the Outer Continental Shelf Lands Act (
(1) by adding at the end of subsection (b) the following:CommentsClose CommentsPermalink
‘The Secretary may issue more than one lease for a given tract if each lease applies to a separate and distinct range of vertical depths, horizontal surface area, or a combination of the two. The Secretary may issue regulations that the Secretary determines are necessary to manage such leases consistent with the purposes of this Act.’;CommentsClose CommentsPermalink
(2) by amending subsection (p)(2)(B) to read as follows:CommentsClose CommentsPermalink
‘(B) The Secretary shall provide for the payment to coastal States, and their local coastal governments, of 75 percent of Federal receipts from projects authorized under this section located partially or completely within the area extending seaward of State submerged lands out to 4 marine leagues from the coastline, and the payment to coastal States of 50 percent of the receipts from projects completely located in the area more than 4 marine leagues from the coastline. Payments shall be based on a formula established by the Secretary by rulemaking no later than 180 days after the date of the enactment of the Restore America Act of 2011 that provides for equitable distribution, based on proximity to the project, among coastal States that have coastline that is located within 200 miles of the geographic center of the project.’;CommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(q) Removal of Restrictions on Joint Bidding in Certain Areas of the Outer Continental Shelf- Restrictions on joint bidders shall no longer apply to tracts located in the Alaska OCS Region. Such restrictions shall not apply to tracts in other OCS regions determined to be ‘frontier tracts’ or otherwise ‘high cost tracts’ under final regulations that shall be published by the Secretary by not later than 365 days after the date of the enactment of this subsection.CommentsClose CommentsPermalink
‘(r) Conservation of Resources Fees- Not later than one year after the date of the enactment of this subsection, the Secretary by regulation shall establish a conservation of resources fee for nonproducing leases that will apply to new and existing leases which shall be set at $3.75 per acre per year. This fee shall apply from and after January 1, 2012, and shall be treated as offsetting receipts.’;CommentsClose CommentsPermalink
(4) by striking subsection (a)(3)(A) and redesignating the subsequent subparagraphs as subparagraphs (A) and (B), respectively;CommentsClose CommentsPermalink
(5) in subsection (a)(3)(A) (as so redesignated) by striking ‘In the Western’ and all that follows through ‘the Secretary’ the first place it appears and inserting ‘The Secretary’; andCommentsClose CommentsPermalink
(6) effective January 1, 2012, in subsection (g)--CommentsClose CommentsPermalink
(A) by striking all after ‘(g)’, except paragraph (3);CommentsClose CommentsPermalink
(B) by striking the last sentence of paragraph (3); andCommentsClose CommentsPermalink
(C) by striking ‘(3)’.CommentsClose CommentsPermalink
SEC. 106. DISPOSITION OF RECEIPTS.
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’; andCommentsClose CommentsPermalink
(3) by adding the following:CommentsClose CommentsPermalink
‘(b) Treatment of OCS Receipts From Tracts Completely Within 100 Miles of the Coastline-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 paragraphs (2), (3), and (4).CommentsClose CommentsPermalink
‘(2) PHASED-IN RECEIPTS SHARING-CommentsClose CommentsPermalink
‘(A) Beginning January 1, 2012, the Secretary shall share OCS Receipts derived from the following areas:CommentsClose CommentsPermalink
‘(i) Lease tracts located on portions of the Gulf of Mexico OCS Region completely beyond 4 marine leagues from any coastline and completely within 100 miles of any coastline that were available for leasing under the 2002-2007 5-Year OCS Oil and Gas Leasing Program.CommentsClose CommentsPermalink
‘(ii) Lease tracts in production prior to January 1, 2012, completely beyond 4 marine leagues from any coastline and completely within 100 miles of any coastline located on portions of the OCS that were not available for leasing under the 2002-2007 5-Year OCS Oil and Gas Leasing Program.CommentsClose CommentsPermalink
‘(iii) Lease tracts for which leases are issued prior to January 1, 2012, located in the Alaska OCS Region completely beyond 4 marine leagues from any coastline and completely within 100 miles of the coastline.CommentsClose CommentsPermalink
‘(B) The Secretary shall share the following percentages of OCS Receipts from the leases described in subparagraph (A) derived during the fiscal year indicated:CommentsClose CommentsPermalink
‘(i) For fiscal year 2012, 5 percent.CommentsClose CommentsPermalink
‘(ii) For fiscal year 2013, 8 percent.CommentsClose CommentsPermalink
‘(iii) For fiscal year 2014, 11 percent.CommentsClose CommentsPermalink
‘(iv) For fiscal year 2015, 14 percent.CommentsClose CommentsPermalink
‘(v) For fiscal year 2016, 17 percent.CommentsClose CommentsPermalink
‘(vi) For fiscal year 2017, 20 percent.CommentsClose CommentsPermalink
‘(vii) For fiscal year 2018, 23 percent.CommentsClose CommentsPermalink
‘(viii) For fiscal year 2019, 26 percent.CommentsClose CommentsPermalink
‘(ix) For fiscal year 2020, 29 percent.CommentsClose CommentsPermalink
‘(x) For fiscal year 2021, 32 percent.CommentsClose CommentsPermalink
‘(xi) For fiscal year 2022, 35 percent.CommentsClose CommentsPermalink
‘(xii) For fiscal year 2023 and each subsequent fiscal year, 37.5 percent.CommentsClose CommentsPermalink
‘(3) IMMEDIATE RECEIPTS SHARING- Beginning January 1, 2012, the Secretary shall share 37.50 percent of OCS Receipts derived from all leases located completely beyond 4 marine leagues from any coastline and completely within 100 miles of any coastline not included within the provisions of paragraph (2), and the balance shall be deposited in the Treasury.CommentsClose CommentsPermalink
‘(4) RECEIPTS SHARING FROM TRACTS WITHIN 4 MARINE LEAGUES OF ANY COASTLINE-CommentsClose CommentsPermalink
‘(A) AREAS DESCRIBED IN PARAGRAPH (2)- Beginning January 1, 2012, and continuing through September 30, 2013, the Secretary shall share 25 percent of OCS Receipts derived from all leases located within 4 marine leagues from any coastline within areas described in paragraph (2). For each fiscal year after September 30, 2013, the Secretary shall increase the percent shared in 5 percent increments each fiscal year until the sharing rate for all leases located within 4 marine leagues from any coastline within areas described in paragraph (2) becomes 75 percent.CommentsClose CommentsPermalink
‘(B) AREAS NOT DESCRIBED IN PARAGRAPH (2)- Beginning January 1, 2012, the Secretary shall share 75 percent of OCS receipts derived from all leases located completely or partially within 4 marine leagues from any coastline within areas not described paragraph (2).CommentsClose CommentsPermalink
‘(5) ALLOCATIONS- The Secretary shall allocate the OCS Receipts deposited into the separate account established by paragraph (1) that are shared under paragraphs (2), (3), and (4) 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 from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year to the Adjacent State and any other producing State or States with a leased tract within its Adjacent Zone within 100 miles of its coastline that generated royalties during the fiscal year, if the other producing State or States have a coastline point within 300 miles of any portion of the leased tract, in which case the amount allocated for the leased tract shall be--CommentsClose CommentsPermalink
‘(i) one-third to the Adjacent State; andCommentsClose CommentsPermalink
‘(ii) two-thirds to each producing State, including the Adjacent State, inversely proportional to the distance between the nearest point on the coastline of the producing State and the geographic center of the leased tract.CommentsClose CommentsPermalink
‘(c) Treatment of OCS Receipts From Tracts Partially or Completely Beyond 100 Miles of the Coastline-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 paragraphs (2) and (3).CommentsClose CommentsPermalink
‘(2) PHASED-IN RECEIPTS SHARING-CommentsClose CommentsPermalink
‘(A) Beginning January 1, 2012, the Secretary shall share OCS Receipts derived from the following areas:CommentsClose CommentsPermalink
‘(i) Lease tracts located on portions of the Gulf of Mexico OCS Region partially or completely beyond 100 miles of any coastline that were available for leasing under the 2002-2007 5-Year OCS Oil and Gas Leasing Program.CommentsClose CommentsPermalink
‘(ii) Lease tracts in production prior to January 1, 2012, partially or completely beyond 100 miles of any coastline located on portions of the OCS that were not available for leasing under the 2002-2007 5-Year OCS Oil and Gas Leasing Program.CommentsClose CommentsPermalink
‘(iii) Lease tracts for which leases are issued prior to January 1, 2012, located in the Alaska OCS Region partially or completely beyond 100 miles of the coastline.CommentsClose CommentsPermalink
‘(B) The Secretary shall share the following percentages of OCS Receipts from the leases described in subparagraph (A) derived during the fiscal year indicated:CommentsClose CommentsPermalink
‘(i) For fiscal year 2012, 5 percent.CommentsClose CommentsPermalink
‘(ii) For fiscal year 2013, 8 percent.CommentsClose CommentsPermalink
‘(iii) For fiscal year 2014, 11 percent.CommentsClose CommentsPermalink
‘(iv) For fiscal year 2015, 14 percent.CommentsClose CommentsPermalink
‘(v) For fiscal year 2016, 17 percent.CommentsClose CommentsPermalink
‘(vi) For fiscal year 2017, 20 percent.CommentsClose CommentsPermalink
‘(vii) For fiscal year 2018, 23 percent.CommentsClose CommentsPermalink
‘(viii) For fiscal year 2019, 26 percent.CommentsClose CommentsPermalink
‘(ix) For fiscal year 2020, 29 percent.CommentsClose CommentsPermalink
‘(x) For fiscal year 2021, 32 percent.CommentsClose CommentsPermalink
‘(xi) For fiscal year 2022, 35 percent.CommentsClose CommentsPermalink
‘(xii) For fiscal year 2023 and each subsequent fiscal year, 37.5 percent.CommentsClose CommentsPermalink
‘(3) IMMEDIATE RECEIPTS SHARING- Beginning January 1, 2012, the Secretary shall share 37.5 percent of OCS Receipts derived on and after January 1, 2012, from all leases located partially or completely beyond 100 miles of any coastline not included within the provisions of paragraph (2), 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 no leasing is allowed within any portion of that State’s Adjacent Zone located completely within 100 miles of any coastline.CommentsClose CommentsPermalink
‘(4) ALLOCATIONS- The Secretary shall allocate the OCS Receipts deposited into the separate account established by paragraph (1) that are shared under paragraphs (2) and (3) 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 from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year to the Adjacent State and any other producing State or States with a leased tract within its Adjacent Zone partially or completely beyond 100 miles of its coastline that generated royalties during the fiscal year, if the other producing State or States have a coastline point within 300 miles of any portion of the leased tract, in which case the amount allocated for the leased tract shall be--CommentsClose CommentsPermalink
‘(i) one-third to the Adjacent State; andCommentsClose CommentsPermalink
‘(ii) two-thirds to each producing State, including the Adjacent State, inversely proportional to the distance between the nearest point on the coastline of the producing State and the geographic center of the leased tract.CommentsClose CommentsPermalink
‘(d) Transmission of Allocations- Not later than 90 days after the end of each fiscal year, the Secretary shall transmit to each State 100 percent of such State’s allocations under subsections (b)(5)(A), (b)(5)(B), (c)(4)(A), and (c)(4)(B) for the immediate prior fiscal year.CommentsClose CommentsPermalink
‘(e) 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
‘(f) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) BONUS BIDS- The term ‘bonus bids’ means all funds received by the Secretary to issue an outer Continental Shelf minerals lease.CommentsClose CommentsPermalink
‘(2) 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, from an outer Continental Shelf minerals lease.CommentsClose CommentsPermalink
‘(3) 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
‘(4) OCS RECEIPTS- The term ‘OCS Receipts’ means bonus bids, royalties, and conservation of resources fees.’.CommentsClose CommentsPermalink
SEC. 107. OUTER CONTINENTAL SHELF LEASING PROGRAM.
Section 18 of the Outer Continental Shelf Lands Act (
(1) in subsection (a), by adding at the end of paragraph (3) the following: ‘The Secretary shall, in each 5-Year Program, include lease sales that when viewed as a whole propose to offer for oil and gas leasing at least 75 percent of the available unleased acreage within each OCS Planning Area. Available unleased acreage is that portion of the outer Continental Shelf that is not under lease at the time of the proposed lease sale, and has not otherwise been made unavailable for leasing by law.’;CommentsClose CommentsPermalink
(2) in subsection (c), by striking so much as precedes paragraph (3) and inserting the following:CommentsClose CommentsPermalink
‘(c)(1) During the preparation of any proposed leasing program under this section, the Secretary shall consider and analyze leasing throughout the entire outer Continental Shelf without regard to any other law affecting such leasing. During this preparation, the Secretary shall invite and consider suggestions from any interested Federal agency, including the Attorney General, in consultation with the Federal Trade Commission, and from the Governor of any coastal State. The Secretary may also invite or consider any suggestions from the executive of any local government in a coastal State that have been previously submitted to the Governor of such State, and from any other person. Further, the Secretary shall consult with the Secretary of Defense regarding military operational needs in the outer Continental Shelf. The Secretary shall work with the Secretary of Defense to resolve any conflicts that might arise regarding offering any area of the outer Continental Shelf for oil and gas leasing. If the Secretaries are not able to resolve all such conflicts, any unresolved issues shall be elevated to the President for resolution.CommentsClose CommentsPermalink
‘(2) After the consideration and analysis required by paragraph (1), including the consideration of the suggestions received from any interested Federal agency, the Federal Trade Commission, the Governor of any coastal State, any local government of a coastal State, and any other person, the Secretary shall publish in the Federal Register a proposed leasing program accompanied by a draft environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. After the publishing of the proposed leasing program and during the comment period provided for on the draft environmental impact statement, the Secretary shall submit a copy of the 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 the Governor’s State that the Governor, in the discretion of the Governor, determines will be affected by the proposed program. If any comment by such Governor is received by the Secretary at least 15 days prior to submission to the Congress pursuant to paragraph (3) and includes a request for any modification of such proposed program, the Secretary shall reply in writing, granting or denying such request in whole or in part, or granting such request in such modified form as the Secretary considers appropriate, and stating the Secretary’s reasons therefor. All such correspondence between the Secretary and the Governor of any affected State, together with any additional information and data relating thereto, shall accompany such proposed program when it is submitted to the Congress.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(i) Projection of State Adjacent Zone Resources and State and Local Government Shares of OCS Receipts- Concurrent with the publication of the scoping notice at the beginning of the development of each 5-Year Outer Continental Shelf Oil and Gas Leasing Program, or as soon thereafter as possible, the Secretary shall--CommentsClose CommentsPermalink
‘(1) provide to each Adjacent State a current estimate of proven and potential oil and gas resources located within the State’s Adjacent Zone; andCommentsClose CommentsPermalink
‘(2) provide to each Adjacent State, and coastal political subdivisions thereof, a best efforts projection of the OCS Receipts that the Secretary expects will be shared with each Adjacent State, and its coastal political subdivisions, using the assumption that the unleased tracts within the State’s Adjacent Zone are fully made available for leasing, including long-term projected OCS Receipts. In addition, the Secretary shall include a macroeconomic estimate of the impact of such leasing on the national economy and each State’s economy, including investment, jobs, revenues, personal income, and other categories.’.CommentsClose CommentsPermalink
SEC. 108. COORDINATION WITH ADJACENT STATES.
Section 19 of the Outer Continental Shelf Lands Act (
(1) in subsection (a) in the first sentence by inserting ‘, for any tract located within the Adjacent State’s Adjacent Zone,’ after ‘government’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(f)(1) No Federal agency may permit or otherwise approve, without the concurrence of the Adjacent State, the construction of a crude oil or petroleum products (or both) pipeline within the part of the Adjacent State’s Adjacent Zone that is withdrawn from oil and gas leasing, except that such a pipeline may be approved, without such Adjacent State’s concurrence, to pass through such Adjacent Zone if at least 50 percent of the production projected to be carried by the pipeline within its first 10 years of operation is from areas of the Adjacent State’s Adjacent Zone.CommentsClose CommentsPermalink
‘(2) No State may prohibit the construction within its Adjacent Zone or its State waters of a natural gas pipeline that will transport natural gas produced from the outer Continental Shelf. However, an Adjacent State may prevent a proposed natural gas pipeline landing location if it proposes two alternate landing locations in the Adjacent State, acceptable to the Adjacent State, located within 50 miles on either side of the proposed landing location.’.CommentsClose CommentsPermalink
SEC. 109. ENVIRONMENTAL STUDIES.
Section 20(d) of the Outer Continental Shelf Lands Act (
(1) by inserting ‘(1)’ after ‘(d)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) For all programs, lease sales, leases, and actions under this Act, the following shall apply regarding the application of the National Environmental Policy Act of 1969:CommentsClose CommentsPermalink
‘(A) Granting or directing lease suspensions and the conduct of all preliminary activities on outer Continental Shelf tracts, including seismic activities, are categorically excluded from the need to prepare either an environmental assessment or an environmental impact statement, and the Secretary shall not be required to analyze whether any exceptions to a categorical exclusion apply for activities conducted under the authority of this Act.CommentsClose CommentsPermalink
‘(B) The environmental impact statement developed in support of each 5-Year Oil and Gas Leasing Program provides the environmental analysis for all lease sales to be conducted under the program, and such sales shall not be subject to further environmental analysis.CommentsClose CommentsPermalink
‘(C) Exploration plans shall not be subject to any requirement to prepare an environmental impact statement, and the Secretary may find that exploration plans are eligible for categorical exclusion due to the impacts already being considered within an environmental impact statement or due to mitigation measures included within the plan.CommentsClose CommentsPermalink
‘(D) Within each OCS Planning Area, after the preparation of the first development and production plan environmental impact statement for a leased tract within the Area, future development and production plans for leased tracts within the Area shall only require the preparation of an environmental assessment unless the most recent development and production plan environmental impact statement within the Area was finalized more than 10 years prior to the date of the approval of the plan, in which case an environmental impact statement shall be required.’.CommentsClose CommentsPermalink
SEC. 110. SEAWARD BOUNDARIES OF STATES.
Section 4 of the Submerged Lands Act (
(1) in the first sentence by striking ‘original’, and in the same sentence by striking ‘three geographical’ and inserting ‘twelve nautical’; andCommentsClose CommentsPermalink
(2) by striking all after the first sentence and inserting the following: ‘Extension and delineation of lateral offshore State boundaries under the provisions of this Act shall follow the lines used to determine the Adjacent Zones of coastal States under the Outer Continental Shelf Lands Act to the extent such lines extend twelve nautical miles for the nearest coastline.’.CommentsClose CommentsPermalink
SEC. 111. OUTER CONTINENTAL SHELF INCOMPATIBLE USE.
(a) In General- No Federal agency may permit construction or operation (or both) of any facility, or designate or maintain a restricted transportation corridor or operating area on the Federal outer Continental Shelf or in State waters, that will be incompatible with, as determined by the Secretary of the Interior, oil and gas leasing and substantially full exploration and production of tracts that are geologically prospective for oil or natural gas (or both).CommentsClose CommentsPermalink
(b) Exceptions- Subsection (a) shall not apply to any facility, transportation corridor, or operating area the construction, operation, designation, or maintenance of which is or will be--CommentsClose CommentsPermalink
(1) located in an area of the outer Continental Shelf that is unavailable for oil and gas leasing by operation of law;CommentsClose CommentsPermalink
(2) used for a military readiness activity (as defined in section 315(f) of
(3) required in the national interest, as determined by the President.CommentsClose CommentsPermalink
SEC. 112. REPURCHASE OF CERTAIN LEASES.
(a) Authority To Repurchase and Cancel Certain Leases- The Secretary of the Interior may repurchase and cancel any Federal oil and gas, geothermal, coal, oil shale, tar sands, or other mineral lease, whether onshore or offshore, but not including any outer Continental Shelf oil and gas leases that were subject to litigation in the Court of Federal Claims on January 1, 2006, if the Secretary finds that such lease qualifies for repurchase and cancellation under the regulations authorized by this section.CommentsClose CommentsPermalink
(b) Regulations- Not later than 365 days after the date of the enactment of this Act, the Secretary shall publish a final regulation stating the conditions under which a lease referred to in subsection (a) would qualify for repurchase and cancellation, and the process to be followed regarding such repurchase and cancellation.CommentsClose CommentsPermalink
(c) No Prejudice- This section shall not be interpreted to prejudice any other rights that the lessee would have in the absence of this section.CommentsClose CommentsPermalink
SEC. 113. OFFSITE ENVIRONMENTAL MITIGATION.
Notwithstanding any other provision of law, any person conducting activities under the Mineral Leasing Act (
Subtitle B--Arctic National Wildlife RefugeCommentsClose CommentsPermalink
Subtitle B--Arctic National Wildlife RefugeCommentsClose CommentsPermalink
SEC. 121. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) COASTAL PLAIN- The term ‘Coastal Plain’ means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’, except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee.CommentsClose CommentsPermalink
SEC. 122. LEASING PROGRAM FOR LANDS 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 and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; andCommentsClose CommentsPermalink
(2) to administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this 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 (
(2) CONFORMING AMENDMENT- The table of contents in section 1 of such Act is amended in the item relating to section 1003 by striking ‘Prohibition on development’ and inserting ‘Repealed’.CommentsClose CommentsPermalink
(c) Compliance With Requirements Under Certain Other Laws-CommentsClose CommentsPermalink
(1) COMPATIBILITY- For purposes of the National Wildlife Refuge System Administration Act of 1966 (
(2) ADEQUACY OF THE DEPARTMENT OF THE INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT STATEMENT- The ‘Final Legislative Environmental Impact Statement’ (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act (
(3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS- Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this subtitle that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this subtitle shall be completed not later than 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle.CommentsClose CommentsPermalink
(d) Relationship to State and Local Authority- Nothing in this subtitle shall be considered to expand or limit State or local regulatory authority.CommentsClose CommentsPermalink
(e) Special Areas-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres.CommentsClose CommentsPermalink
(2) MANAGEMENT- Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character, including its fish, wildlife, and subsistence resource values.CommentsClose CommentsPermalink
(3) EXCLUSION FROM LEASING OR SURFACE OCCUPANCY- The Secretary may exclude any Special Area from leasing. The Secretary may only lease a Special Area, or any subtitle thereof, for purposes of oil and gas exploration, development, production, or related activities, if there is no surface occupancy of the lands comprising the Special Area.CommentsClose CommentsPermalink
(4) DIRECTIONAL DRILLING- Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases located outside the Special Area.CommentsClose CommentsPermalink
(f) Limitation on Closed Areas- The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, or production is that authority set forth in this subtitle.CommentsClose CommentsPermalink
(g) Regulations-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall prescribe such regulations as may be necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, their habitat, the subsistence resources, and the environment of the Coastal Plain, by not later than 15 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(2) REVISION OF REGULATIONS- The Secretary shall periodically review and, if appropriate, revise the rules and regulations issued under subsection (a) to reflect any significant biological, environmental, or engineering data that come to the Secretary’s attention.CommentsClose CommentsPermalink
SEC. 123. LEASE SALES.
(a) In General- Lands 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 such 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- In 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) conduct the first lease sale under this subtitle not later than 22 months after the date of the enactment of this Act;CommentsClose CommentsPermalink
(2) evaluate the bids in such sale and issue leases resulting from such sale, not later than 90 days after the date of the completion of such sale; andCommentsClose CommentsPermalink
(3) conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales.CommentsClose CommentsPermalink
SEC. 124. GRANT OF LEASES BY THE SECRETARY.
(a) In General- The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 123 any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary.CommentsClose CommentsPermalink
(b) Subsequent Transfers- No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval, the Secretary shall consult with, and give due consideration to the views of, the Attorney General.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 in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases;CommentsClose CommentsPermalink
(2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife;CommentsClose CommentsPermalink
(3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;CommentsClose CommentsPermalink
(4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary;CommentsClose CommentsPermalink
(5) provide that the standard of reclamation for lands required to be reclaimed under this subtitle shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as approved by the Secretary;CommentsClose CommentsPermalink
(6) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State;CommentsClose CommentsPermalink
(7) prohibit the export of oil produced under the lease; andCommentsClose CommentsPermalink
(8) contain such other provisions as the Secretary determines necessary to ensure compliance with the provisions of this subtitle and the regulations issued under this subtitle.CommentsClose CommentsPermalink
SEC. 126. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized Coastal Plain Activities- The Secretary shall, consistent with the requirements of section 122, administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that--CommentsClose CommentsPermalink
(1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment;CommentsClose CommentsPermalink
(2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; andCommentsClose CommentsPermalink
(3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain.CommentsClose CommentsPermalink
(b) Site-Specific Assessment and Mitigation- The Secretary shall also require, with respect to any proposed drilling and related activities, that--CommentsClose CommentsPermalink
(1) a site-specific analysis be made of the possible significant adverse effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment;CommentsClose CommentsPermalink
(2) if the analysis under paragraph (1) results in a finding that a significant adverse effect prohibited by subsection (a)(1) is likely to occur as a result of the proposed drilling or related activity, a plan be developed and implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) the significant adverse effect in order to comply with such subsection; andCommentsClose CommentsPermalink
(3) the development of a plan under paragraph (2) shall occur after consultation with the agency or agencies having jurisdiction over matters covered by the plan.CommentsClose CommentsPermalink
(c) Regulations To Protect Coastal Plain Fish and Wildlife Resources, Subsistence Users, and the Environment- Before implementing the leasing program authorized by this subtitle, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle.CommentsClose CommentsPermalink
(d) Compliance With Federal and State Environmental Laws and Other Requirements- The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this subtitle shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:CommentsClose CommentsPermalink
(1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the ‘Final Legislative Environmental Impact Statement’ (April 1987) on the Coastal Plain.CommentsClose CommentsPermalink
(2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration.CommentsClose CommentsPermalink
(3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain.CommentsClose CommentsPermalink
(4) Design safety and construction standards for all pipelines and any access and service roads, that--CommentsClose CommentsPermalink
(A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; andCommentsClose CommentsPermalink
(B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.CommentsClose CommentsPermalink
(5) Prohibitions on general public access and use on all pipeline access and service roads.CommentsClose CommentsPermalink
(6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this subtitle, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.CommentsClose CommentsPermalink
(7) Appropriate prohibitions or restrictions on access by all modes of transportation.CommentsClose CommentsPermalink
(8) Appropriate prohibitions or restrictions on sand and gravel extraction.CommentsClose CommentsPermalink
(9) Consolidation of facility siting.CommentsClose CommentsPermalink
(10) Appropriate prohibitions or restrictions on use of explosives.CommentsClose CommentsPermalink
(11) Avoidance, to the extent practicable, of springs, streams, and river systems; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling.CommentsClose CommentsPermalink
(12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife.CommentsClose CommentsPermalink
(13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law.CommentsClose CommentsPermalink
(14) Fuel storage and oil spill contingency planning.CommentsClose CommentsPermalink
(15) Research, monitoring, and reporting requirements.CommentsClose CommentsPermalink
(16) Field crew environmental briefings.CommentsClose CommentsPermalink
(17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.CommentsClose CommentsPermalink
(18) Compliance with applicable air and water quality standards.CommentsClose CommentsPermalink
(19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.CommentsClose CommentsPermalink
(20) Reasonable stipulations for protection of cultural and archeological resources.CommentsClose CommentsPermalink
(21) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.CommentsClose CommentsPermalink
(e) Considerations- In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following:CommentsClose CommentsPermalink
(1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement.CommentsClose CommentsPermalink
(2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations.CommentsClose CommentsPermalink
(3) The land use stipulations for exploratory drilling on the KIC-ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.CommentsClose CommentsPermalink
(f) Facility Consolidation Planning-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources.CommentsClose CommentsPermalink
(2) OBJECTIVES- The plan shall have the following objectives:CommentsClose CommentsPermalink
(A) Avoiding unnecessary duplication of facilities and activities.CommentsClose CommentsPermalink
(B) Encouraging consolidation of common facilities and activities.CommentsClose CommentsPermalink
(C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment.CommentsClose CommentsPermalink
(D) Utilizing existing facilities wherever practicable.CommentsClose CommentsPermalink
(E) Enhancing compatibility between wildlife values and development activities.CommentsClose CommentsPermalink
(g) Access to Public Lands- The Secretary shall--CommentsClose CommentsPermalink
(1) manage public lands in the Coastal Plain in accordance with subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (
(2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.CommentsClose CommentsPermalink
SEC. 127. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaint-CommentsClose CommentsPermalink
(1) DEADLINE- Subject to paragraph (2), any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle shall be filed--CommentsClose CommentsPermalink
(A) except as provided in subparagraph (B), within the 60-day period beginning on the date of the action being challenged; orCommentsClose CommentsPermalink
(B) in the case of a complaint based solely on grounds arising after such period, within 60 days after the complainant knew or reasonably should have known of the grounds for the complaint.CommentsClose CommentsPermalink
(2) VENUE- Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States District Court for the District of Columbia.CommentsClose CommentsPermalink
(3) LIMITATION ON SCOPE OF CERTAIN REVIEW- Judicial review of a Secretarial decision to conduct a lease sale under this subtitle, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with the terms of this subtitle and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this subtitle shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.CommentsClose CommentsPermalink
(b) Limitation on Other Review- Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.CommentsClose CommentsPermalink
SEC. 128. FEDERAL AND STATE DISTRIBUTION OF REVENUES.
(a) In General- Notwithstanding any other provision of law, of the amount of adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle--CommentsClose CommentsPermalink
(1) 50 percent shall be paid to the State of Alaska; andCommentsClose CommentsPermalink
(2) except as provided in section 131(d), the balance shall be deposited in the Treasury.CommentsClose CommentsPermalink
(b) Payments to Alaska- Payments to the State of Alaska under this section shall be made semiannually.CommentsClose CommentsPermalink
SEC. 129. 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) Terms and Conditions- The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.CommentsClose CommentsPermalink
(c) Regulations- The Secretary shall include in regulations under section 122(g) provisions regarding the granting of rights-of-way and easements described in subsection (a) of this section.CommentsClose CommentsPermalink
SEC. 130. CONVEYANCE.
In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding the provisions of section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (
(1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (
(2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.CommentsClose CommentsPermalink
SEC. 131. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Financial Assistance Authorized-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2) and that are directly impacted by the exploration for or production of oil and gas on the Coastal Plain under this subtitle.CommentsClose CommentsPermalink
(2) ELIGIBLE ENTITIES- The North Slope Borough, the city of Kaktovik, and any other borough, municipal subdivision, village, or other community in the State of Alaska that is directly impacted by exploration for, or the production of, oil or gas on the Coastal Plain under this subtitle, as determined by the Secretary, shall be eligible for financial assistance under this section.CommentsClose CommentsPermalink
(b) Use of Assistance- Financial assistance under this section may be used only for--CommentsClose CommentsPermalink
(1) planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence values;CommentsClose CommentsPermalink
(2) implementing mitigation plans and maintaining mitigation projects;CommentsClose CommentsPermalink
(3) developing, carrying out, and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including firefighting, police, water, waste treatment, medivac, and medical services; andCommentsClose CommentsPermalink
(4) establishment of a coordination office, by the North Slope Borough, in the city of Kaktovik, which shall--CommentsClose CommentsPermalink
(A) coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; andCommentsClose CommentsPermalink
(B) provide to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report on the status of coordination between developers and the communities affected by development.CommentsClose CommentsPermalink
(c) Application-CommentsClose CommentsPermalink
(1) IN GENERAL- Any community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation.CommentsClose CommentsPermalink
(2) NORTH SLOPE BOROUGH COMMUNITIES- A community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough.CommentsClose CommentsPermalink
(3) APPLICATION ASSISTANCE- The Secretary shall work closely with and assist the North Slope Borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section.CommentsClose CommentsPermalink
(d) Establishment of Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund.CommentsClose CommentsPermalink
(2) USE- Amounts in the fund may be used only for providing financial assistance under this section.CommentsClose CommentsPermalink
(3) DEPOSITS- Subject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle.CommentsClose CommentsPermalink
(4) LIMITATION ON DEPOSITS- The total amount in the fund may not exceed $11,000,000.CommentsClose CommentsPermalink
(5) INVESTMENT OF BALANCES- The Secretary of the Treasury shall invest amounts in the fund in interest-bearing government securities.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- To provide financial assistance under this section, there is authorized to be appropriated to the Secretary from the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal year.CommentsClose CommentsPermalink
Subtitle C--Oil ShaleCommentsClose CommentsPermalink
Subtitle C--Oil ShaleCommentsClose CommentsPermalink
SEC. 141. OIL SHALE.
(a) Findings- The Congress finds the following:CommentsClose CommentsPermalink
(1) The Office of Naval Petroleum and Oil Shale Reserves at the Department of Energy has estimated that oil shale resources located on Federal lands hold 2 trillion undiscovered technically recoverable barrels of oil.CommentsClose CommentsPermalink
(2) Oil shale is a strategically important domestic resource that should be developed to reduce the growing dependence of the United States on politically and economically unstable sources of foreign oil imports.CommentsClose CommentsPermalink
(3) The development of oil shale for research and commercial development should be conducted in an environmentally sound manner, using practices that minimize impacts.CommentsClose CommentsPermalink
(4) Development of such strategic unconventional fuel should occur, with an emphasis on sustainability, to benefit the United States while taking into account affected States and communities.CommentsClose CommentsPermalink
(5) Oil shale is one of the best resources available for advancing American technology and creating American jobs.CommentsClose CommentsPermalink
(6) Oil shale will be a critically important component of the Nation’s transportation fuel sector in particular, by providing a secure domestic source of aviation fuel for both commercial and military uses.CommentsClose CommentsPermalink
(b) Additional Research and Development Lease Sales- The Secretary of the Interior shall hold a lease sale not later than 180 days after the date of enactment of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 2611).CommentsClose CommentsPermalink
(c) Application of Regulations- The oil shale management final rules published by the Department of the Interior on November 18, 2008 (73 Fed. Reg. 69414), shall apply to all commercial leasing for the management of federally owned oil shale, and any associated minerals, located on Federal lands.CommentsClose CommentsPermalink
(d) Reduced Payments To Ensure Production- The Secretary of the Interior may temporarily reduce royalties, fees, rentals, bonus bids, or other payments for leases of Federal lands for the development and production of oil shale resources as necessary to give incentives for and encourage development of such resources, if the Secretary determines that the royalties, fees, rentals, bonus bids, and other payments otherwise authorized by law are hindering production of such resources.CommentsClose CommentsPermalink
Subtitle D--Coal-to-LiquidCommentsClose CommentsPermalink
Subtitle D--Coal-to-LiquidCommentsClose CommentsPermalink
SEC. 151. DEFINITIONS RELATING TO COAL-TO-LIQUID FUEL AND FACILITIES.
For purposes of this subtitle:CommentsClose CommentsPermalink
(1) COAL-TO-LIQUID FUEL- The term ‘coal-to-liquid fuel’ means any transportation-grade liquid fuel derived primarily from coal (including peat).CommentsClose CommentsPermalink
(2) QUALIFIED COAL-TO-LIQUID FACILITY- The term ‘qualified coal-to-liquid facility’ means a manufacturing facility that has the capacity to produce at least 10,000 barrels per day of coal-to-liquid fuel from a feedstock that is primarily domestic coal (including peat and any property which allows for the capture, transportation, or sequestration of byproducts resulting from such process, including carbon emissions).CommentsClose CommentsPermalink
SEC. 152. REPEAL.
Section 526 of the Energy Independence and Security Act of 2007 (
Subtitle E--NuclearCommentsClose CommentsPermalink
Subtitle E--NuclearCommentsClose CommentsPermalink
SEC. 161. FINDINGS AND POLICY.
(a) Findings- The Congress finds that--CommentsClose CommentsPermalink
(1) nuclear power is a safe, reliable, efficient, and affordable source of energy;CommentsClose CommentsPermalink
(2) there are 104 nuclear reactors currently operating in the United States, providing 20 percent of the electricity of the United States, slightly less than the electricity generated by natural gas;CommentsClose CommentsPermalink
(3) nuclear power plants virtually eliminate emissions of greenhouse gases and criteria pollutants associated with acid rain, smog, or ozone;CommentsClose CommentsPermalink
(4) long lead times for nuclear power plant licensing, permitting, and construction indicate that action to stimulate the nuclear power industry should not be delayed;CommentsClose CommentsPermalink
(5) there are 17 combined operating license applications currently pending before the Nuclear Regulatory Commission for 26 new reactors in the United States, with 4 applications inactive due to regulatory uncertainty;CommentsClose CommentsPermalink
(6) increasing nuclear power threefold will create 480,000 construction jobs, 140,000 permanent jobs, and $20,000,000,000 in local, State, and Federal tax revenue each year;CommentsClose CommentsPermalink
(7) increasing nuclear power threefold will produce 320 gigawatts of electricity to power 237,000,000 households and constitute 52 percent of the United States electricity portfolio by 2030;CommentsClose CommentsPermalink
(8) the Nuclear Waste Policy Act of 1982 requires the Federal Government to take ownership of high-level radioactive waste and spent nuclear fuel and build a permanent geologic repository in which to store this waste;CommentsClose CommentsPermalink
(9) the Nuclear Waste Policy Act of 1982, as amended in 1987, selected the Yucca Mountain site to be the sole geologic repository in which to store high-level radioactive waste and spent nuclear fuel;CommentsClose CommentsPermalink
(10) the Congress reaffirmed Yucca Mountain as the sole candidate site for a geologic repository in 2001;CommentsClose CommentsPermalink
(11) despite the foregoing laws, the Government has failed to accept high-level radioactive waste and spent nuclear fuel from utilities and has delayed construction of the Yucca Mountain repository; andCommentsClose CommentsPermalink
(12) the failure of the Federal Government to accept high-level radioactive waste and spent nuclear fuel from utilities is a significant barrier to the future development of additional nuclear power.CommentsClose CommentsPermalink
(b) Statement of Policy- It is the policy of the United States, given the importance of making a transition to a clean energy, low-carbon economy, to facilitate the continued development and growth of a safe and clean nuclear energy industry through reductions in financial, regulatory, and technical barriers to construction and operation.CommentsClose CommentsPermalink
SEC. 162. 200 OPERATING PERMITS BY 2040.
Subject to the requirements of this subtitle and in accordance with existing law, the Nuclear Regulatory Commission shall issue operating permits for 200 new commercial nuclear reactors, enough to triple current megawatt capacity, by 2040, if there are a sufficient number of qualified applicants.CommentsClose CommentsPermalink
SEC. 163. REPEAL OF OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.
Section 304 of the Nuclear Waste Policy Act of 1982 (
SEC. 164. RADIOLOGICAL MATERIAL REPOSITORY.
(a) Repository Required- The Federal Government shall site and permit at least one radiological material geologic repository for the disposal of radiological material.CommentsClose CommentsPermalink
(b) Yucca Mountain-CommentsClose CommentsPermalink
(1) IN GENERAL- The repository site at Yucca Mountain shall remain the site for the Nation’s radiological material repository unless it is determined unsuitable, based on technical and scientific analysis, by the Nuclear Regulatory Commission following full statutory review of the Department of Energy’s license application to construct the Yucca Mountain repository.CommentsClose CommentsPermalink
(2) APPLICATION- The Nuclear Regulatory Commission shall continue to review the Department of Energy’s pending license application to construct the repository at Yucca Mountain until a determination is made on the merits of the application.CommentsClose CommentsPermalink
(3) DEADLINES-CommentsClose CommentsPermalink
(A) SUITABILITY DETERMINATION- Not later than 90 days after the enactment of this Act, the Nuclear Regulatory Commission shall make a determination regarding the suitability of Yucca Mountain under paragraph (1).CommentsClose CommentsPermalink
(B) ACTION ON APPLICATION- Not later than 180 days after the enactment of this Act, the Nuclear Regulatory Commission shall approve or deny the application under paragraph (2).CommentsClose CommentsPermalink
(4) LIMITATIONS ON AMOUNT OF RADIOLOGICAL MATERIAL- All statutory limitations on the amount of radiological material that can be placed in Yucca Mountain are hereby removed and shall be replaced by the Nuclear Regulatory Commission with new limits based on scientific and technical analysis of the full capacity of Yucca Mountain for the storage of radiological material.CommentsClose CommentsPermalink
(c) Alternative Repository-CommentsClose CommentsPermalink
(1) IN GENERAL- Should the Nuclear Regulatory Commission determine under subsection (b) that Yucca Mountain is not a suitable location to place a radiological material repository, the Secretary shall be responsible for, not later than 1 year after the date on which such determination is made, locating and submitting an application for an alternative geologic repository that provides at least 120,000 tons of storage capacity.CommentsClose CommentsPermalink
(2) ACTION ON APPLICATION- Not later than 2 years after the date on which an application is submitted under paragraph (1) or (3), the Nuclear Regulatory Commission shall approve or deny such application.CommentsClose CommentsPermalink
(3) FURTHER APPLICATION SUBMISSIONS- If an application is denied under paragraph (2), the Secretary shall submit a new application in accordance with paragraph (1) not later than 1 year after the date of such denial.CommentsClose CommentsPermalink
(4) REQUIREMENTS- For the purposes of this subtitle and the Nuclear Waste Policy Act of 1982 (
SEC. 165. INDEPENDENT RADIOLOGICAL MATERIAL MANAGEMENT.
(a) Report- Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report regarding the following:CommentsClose CommentsPermalink
(1) The feasibility of establishing an independent radiological material management program that would meet the guidelines in subsection (b).CommentsClose CommentsPermalink
(2) Legislative and regulatory action necessary to phase out the fee structure contained in section 302 of the Nuclear Waste Policy Act of 1982 (
(b) Guidelines-CommentsClose CommentsPermalink
(1) IN GENERAL- Under a program established in accordance with this subsection, the Secretary may award a contract, based on a competitive bidding process, to an eligible entity to manage the Nation’s activities related to one or more radiological material repositories.CommentsClose CommentsPermalink
(2) ELIGIBLE ENTITY- For the purposes of this subsection, the term ‘eligible entity’ means a non-Federal organization that demonstrates the ability to meet the requirements of a program established in accordance with this subsection.CommentsClose CommentsPermalink
(3) APPLICATION CONTENTS- The Secretary may require an eligible entity seeking to be awarded a contract under a program established in accordance with this subsection to submit to the Secretary an application containing the following:CommentsClose CommentsPermalink
(A) A complete description of the fee structure the eligible entity will use to fund the maintenance and operation of repositories, in accordance with paragraph (5)(F).CommentsClose CommentsPermalink
(B) Such other materials as the Secretary may require.CommentsClose CommentsPermalink
(4) TRANSFER OF CONTROL- The Secretary may transfer to an eligible entity awarded a contract under a program established in accordance with this subsection control and ownership of all Nuclear Regulatory Commission-issued licenses, allowances, and responsibilities necessary for the operation of the nuclear materials repository at Yucca Mountain.CommentsClose CommentsPermalink
(5) RESPONSIBILITIES- The Secretary may require an eligible entity awarded a contract under a program established in accordance with this subsection to be responsible for the following:CommentsClose CommentsPermalink
(A) Providing technical and other information to the Nuclear Regulatory Commission as it reviews the Department of Energy’s permit application for the Yucca Mountain repository.CommentsClose CommentsPermalink
(B) Seeking all other necessary regulatory approvals and permits to construct and operate the Yucca Mountain repository.CommentsClose CommentsPermalink
(C) Managing construction of one or more radiological material repositories upon Nuclear Regulatory Commission approval, including conducting all necessary design and engineering work to support construction of the repository.CommentsClose CommentsPermalink
(D) Radiological material repository operations.CommentsClose CommentsPermalink
(E) Undertaking all infrastructure activities necessary to support the construction or operation of the repository or transportation to the site of radiological material, including--CommentsClose CommentsPermalink
(i) safety upgrades;CommentsClose CommentsPermalink
(ii) site preparation;CommentsClose CommentsPermalink
(iii) construction of a rail line to connect the repository site with the national rail network, including any facilities to facilitate rail operations; andCommentsClose CommentsPermalink
(iv) construction, upgrade, acquisition, or operation of electrical grids or facilities, other utilities, communication facilities, access roads, rail lines, and nonnuclear support facilities.CommentsClose CommentsPermalink
(F) Creating a fee structure for the geologic storage of radiological material. The fees may not exceed the amount necessary to maintain and operate repositories and shall be the primary mechanism for accessing repositories, and in setting the fees the eligible entity shall take into consideration multiple variables, including--CommentsClose CommentsPermalink
(i) volume;CommentsClose CommentsPermalink
(ii) toxicity;CommentsClose CommentsPermalink
(iii) heat load; andCommentsClose CommentsPermalink
(iv) repository operation costs.CommentsClose CommentsPermalink
(c) Congressional Authorization Required- The Secretary may not establish an independent radiological material management program under this section unless authorized by a law enacted after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 166. SPENT NUCLEAR FUEL RECYCLING.
(a) Prohibition- The President is prohibited from blocking or hindering spent nuclear fuel recycling activities.CommentsClose CommentsPermalink
(b) Rulemaking for Licensing of Spent Nuclear Fuel Recycling Facilities- Not later than 2 years after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission shall complete a rulemaking establishing a process for the licensing by the Nuclear Regulatory Commission, under the Atomic Energy Act of 1954, of facilities for the recycling of spent nuclear fuel.CommentsClose CommentsPermalink
SEC. 167. NUCLEAR FUEL SUPPLY RESERVE.
(a) Inventory- The Secretary of Energy shall conduct an inventory of all materials owned by the Department of Energy that could, either without or with further processing, be used to power commercial nuclear reactors.CommentsClose CommentsPermalink
(b) Establishment of Reserve- The Secretary shall establish a nuclear fuel supply reserve consisting of materials identified as available for such purposes from the inventory conducted under subsection (a). The Secretary shall establish appropriate procedures to ensure that the reserve can protect United States energy producers from shortages of nuclear fuel.CommentsClose CommentsPermalink
(c) Plan- The Secretary shall transmit to the Congress a long-term plan for introducing nuclear fuel supplies from the reserve into the market.CommentsClose CommentsPermalink
SEC. 168. PUBLIC HEALTH AND SAFETY.
Nothing in this subtitle shall supersede, mitigate, detract from, or in any way decrease the Nuclear Regulatory Commission’s ability to maintain the highest possible levels of public health and safety standards, consistent with the provisions of the Atomic Energy Act of 1954. No authority granted by this subtitle shall be executed in a manner that jeopardizes, minimizes, reduces, or lessens public health and safety standards.CommentsClose CommentsPermalink
SEC. 169. STREAMLINING COMBINED CONSTRUCTION AND OPERATING LICENSE.
(a) In General- The Nuclear Regulatory Commission shall establish and implement an expedited procedure for issuing a Combined Construction and Operating License.CommentsClose CommentsPermalink
(b) Qualifications- To qualify for the expedited procedure under this section, an applicant shall--CommentsClose CommentsPermalink
(1) apply for construction of a reactor based on a design certified (or provisionally certified under section 170) by the Nuclear Regulatory Commission;CommentsClose CommentsPermalink
(2) construct the new reactor on or adjacent to a site where an operating nuclear power plant already exists;CommentsClose CommentsPermalink
(3) not be subject to a Nuclear Regulatory Commission order to modify, suspend, or revoke a license under section 2.202 of title 10, Code of Federal Regulations; andCommentsClose CommentsPermalink
(4) submit a complete Combined Construction and Operating License application that is docketed by the Commission.CommentsClose CommentsPermalink
(c) Expedited Procedure- With respect to a license for which the applicant has satisfied the requirements of subsection (b) and seeks expedited consideration, the Nuclear Regulatory Commission shall follow the following procedures:CommentsClose CommentsPermalink
(1) Undertake an expedited environmental review process and issue a draft environmental impact statement not later than 12 months after the application is accepted for docketing.CommentsClose CommentsPermalink
(2) Begin public licensing hearings when a draft environmental impact statement has been issued, and complete any such hearings and related processes not later than 24 months after accepting for docketing the expedited Combined Construction and Operating License application.CommentsClose CommentsPermalink
(3) Complete the technical review process and issue the Safety Evaluation Report and the final environmental impact statement not later than 18 months after the application is accepted for docketing.CommentsClose CommentsPermalink
(4) Make a final decision on whether to issue the Combined Construction and Operating License not later than 25 months after docketing the application.CommentsClose CommentsPermalink
(d) Goals- The Chairman of the Nuclear Regulatory Commission shall present recommendations to Congress not later than 90 days after the date of enactment of this Act for procedures that would further facilitate the licensing of new nuclear reactors in a timely manner.CommentsClose CommentsPermalink
SEC. 170. REACTOR DESIGN CERTIFICATION.
(a) Provisional Certification-CommentsClose CommentsPermalink
(1) AUTHORITY- The Nuclear Regulatory Commission may provide to an applicant a provisional certification of a proposed nuclear reactor design.CommentsClose CommentsPermalink
(2) EFFECT OF PROVISIONAL CERTIFICATION- Approval of a provisional design certification under this subsection shall not eliminate, reduce, or otherwise affect any requirement for reactor design approval or certification by the Nuclear Regulatory Commission or any other agency under Federal law.CommentsClose CommentsPermalink
(3) TIMING-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), a provisional certification shall be provided or denied under this subsection not later than 60 days after the date of application therefor.CommentsClose CommentsPermalink
(B) EXTENSION- The Nuclear Regulatory Commission may extend the time period under subparagraph (A) for an additional 30 days if necessary to enable certification.CommentsClose CommentsPermalink
(4) CRITERIA- In determining whether to approve a provisional certification application under this subsection, the Nuclear Regulatory Commission shall consider whether the proposed design--CommentsClose CommentsPermalink
(A) is based on existing and commercially proven technology;CommentsClose CommentsPermalink
(B) has been approved by internationally recognized regulators; andCommentsClose CommentsPermalink
(C) is safely operating or under construction in other nations.CommentsClose CommentsPermalink
(5) SUPPLEMENTAL INFORMATION- An application for provisional certification under this subsection may include supplemental information provided by potential future applicants for approval of the same or a similar design.CommentsClose CommentsPermalink
(b) Expedited Certification Process- Not later than one year after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission shall develop and submit to the Congress an expedited process for certifying reactor designs, including those designs under consideration for certification by the Commission on the date of enactment of this Act, that significantly reduces the time necessary to achieve such certification.CommentsClose CommentsPermalink
SEC. 171. TECHNOLOGY-NEUTRAL PLANT DESIGN SPECIFICATIONS.
Not later than one year after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission shall submit to the Congress a report regarding recommendations for the development of technology-neutral plant design specifications.CommentsClose CommentsPermalink
SEC. 172. NEXT GENERATION NUCLEAR PLANT.
The Secretary of Energy and the Chairman of the Nuclear Regulatory Commission shall review the Next Generation Nuclear Plant Licensing Strategy report submitted to Congress in August 2008, as required by section 644 of the Energy Policy Act of 2005 (
SEC. 173. URANIUM MINING ON FEDERAL LANDS.
The Secretary of the Interior may not use the Federal Land Policy and Management Act of 1976 (
SEC. 174. SMALL AND MODULAR REACTOR LICENSING.
(a) Report- Not later than 90 days after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission shall transmit to the Congress a report containing recommendations, including the personnel and resource requirements necessary to implement the recommendations, for streamlined licensing procedures for small and modular nuclear reactors.CommentsClose CommentsPermalink
(b) Regulations- Not later than one year after the date of enactment of this Act, the Chairman of the Nuclear Regulatory Commission shall promulgate regulations to implement the recommendations transmitted under subsection (a).CommentsClose CommentsPermalink
SEC. 175. LIMITATION ON REGULATORY TIME FRAME.
In establishing standards for or otherwise regulating the storage of radioactive material under section 121(a) of the Nuclear Waste Policy Act of 1982 (
SEC. 176. DEFINITION.
In this subtitle, the term ‘radiological material’ means radioactive material that is a byproduct of the production of nuclear power, including high-level nuclear waste and spent nuclear fuel, as those terms are defined in section 2 of the Nuclear Waste Policy Act of 1982 (
TITLE II--REGULATORY REFORMCommentsClose CommentsPermalink
TITLE II--REGULATORY REFORMCommentsClose CommentsPermalink
SEC. 201. PURPOSE.
The purpose of this title is to increase accountability for and transparency in the Federal regulatory process. Section 1 of article I of the United States Constitution grants all legislative powers to Congress. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. By requiring a vote in Congress, this title will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people for the laws imposed upon them.CommentsClose CommentsPermalink
SEC. 202. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Chapter 8 of title 5, United States Code, is amended to read as follows:CommentsClose CommentsPermalink
‘CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
‘Sec.CommentsClose CommentsPermalink
‘801. Congressional review.CommentsClose CommentsPermalink
‘802. Congressional approval procedure for major rules.CommentsClose CommentsPermalink
‘803. Congressional disapproval procedure for nonmajor rules.CommentsClose CommentsPermalink
‘804. Definitions.CommentsClose CommentsPermalink
‘805. Judicial review.CommentsClose CommentsPermalink
‘806. Exemption for monetary policy.CommentsClose CommentsPermalink
‘807. Effective date of certain rules.CommentsClose CommentsPermalink
‘Sec. 801. Congressional review
‘(a)(1)(A) Before a rule may take effect, the Federal agency promulgating such rule shall submit to each House of the Congress and to the Comptroller General a report containing--CommentsClose CommentsPermalink
‘(i) a copy of the rule;CommentsClose CommentsPermalink
‘(ii) a concise general statement relating to the rule;CommentsClose CommentsPermalink
‘(iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within sections 804(2)(A), 804(2)(B), and 804(2)(C);CommentsClose CommentsPermalink
‘(iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; andCommentsClose CommentsPermalink
‘(v) the proposed effective date of the rule.CommentsClose CommentsPermalink
‘(B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress--CommentsClose CommentsPermalink
‘(i) a complete copy of the cost-benefit analysis of the rule, if any;CommentsClose CommentsPermalink
‘(ii) the agency’s actions pursuant to title 5 of the United States Code, sections 603, 604, 605, 607, and 609;CommentsClose CommentsPermalink
‘(iii) the agency’s actions pursuant to title 2 of the United States Code, sections 1532, 1533, 1534, and 1535; andCommentsClose CommentsPermalink
‘(iv) any other relevant information or requirements under any other Act and any relevant Executive orders.CommentsClose CommentsPermalink
‘(C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued.CommentsClose CommentsPermalink
‘(2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date as provided in section 802(b)(2). The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B).CommentsClose CommentsPermalink
‘(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A).CommentsClose CommentsPermalink
‘(3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later.CommentsClose CommentsPermalink
‘(4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1).CommentsClose CommentsPermalink
‘(5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate.CommentsClose CommentsPermalink
‘(b)(1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802.CommentsClose CommentsPermalink
‘(2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect.CommentsClose CommentsPermalink
‘(c)(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress.CommentsClose CommentsPermalink
‘(2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is--CommentsClose CommentsPermalink
‘(A) necessary because of an imminent threat to health or safety or other emergency;CommentsClose CommentsPermalink
‘(B) necessary for the enforcement of criminal laws;CommentsClose CommentsPermalink
‘(C) necessary for national security; orCommentsClose CommentsPermalink
‘(D) issued pursuant to any statute implementing an international trade agreement.CommentsClose CommentsPermalink
‘(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802.CommentsClose CommentsPermalink
‘(d)(1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring--CommentsClose CommentsPermalink
‘(A) in the case of the Senate, 60 session days, orCommentsClose CommentsPermalink
‘(B) in the case of the House of Representatives, 60 legislative days,CommentsClose CommentsPermalink
before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress.CommentsClose CommentsPermalink
‘(2)(A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though--CommentsClose CommentsPermalink
‘(i) such rule were published in the Federal Register on--CommentsClose CommentsPermalink
‘(I) in the case of the Senate, the 15th session day, orCommentsClose CommentsPermalink
‘(II) in the case of the House of Representatives, the 15th legislative day,CommentsClose CommentsPermalink
after the succeeding session of Congress first convenes; andCommentsClose CommentsPermalink
‘(ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date.CommentsClose CommentsPermalink
‘(B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect.CommentsClose CommentsPermalink
‘(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).CommentsClose CommentsPermalink
‘Sec. 802. Congressional approval procedure for major rules
‘(a) For purposes of this section, the term ‘joint resolution’ means only a joint resolution introduced on or after the date on which the report referred to in section 801(a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: ‘That Congress approves the rule submitted by the X X relating to X X.’ (The blank spaces being appropriately filled in).CommentsClose CommentsPermalink
‘(1) In the House, the majority leader of the House of Representatives (or his designee) and the minority leader of the House of Representatives (or his designee) shall introduce such joint resolution described in subsection (a) (by request), within 3 legislative days after Congress receives the report referred to in section 801(a)(1)(A).CommentsClose CommentsPermalink
‘(2) In the Senate, the majority leader of the Senate (or his designee) and the minority leader of the Senate (or his designee) shall introduce such joint resolution described in subsection (a) (by request), within 3 session days after Congress receives the report referred to in section 801(a)(1)(A).CommentsClose CommentsPermalink
‘(b)(1) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued.CommentsClose CommentsPermalink
‘(2) For purposes of this section, the term ‘submission date’ means the date on which the Congress receives the report submitted under section 801(a)(1).CommentsClose CommentsPermalink
‘(c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.CommentsClose CommentsPermalink
‘(d)(1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.CommentsClose CommentsPermalink
‘(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.CommentsClose CommentsPermalink
‘(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.CommentsClose CommentsPermalink
‘(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.CommentsClose CommentsPermalink
‘(e)(1) In the House of Representatives, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 legislative days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th legislative day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.CommentsClose CommentsPermalink
‘(2)(A) A motion in the House of Representatives to proceed to the consideration of a resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.CommentsClose CommentsPermalink
‘(B) Debate in the House of Representatives on a resolution shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the resolution. A motion to further limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to reconsider the vote by which a resolution is agreed to or disagreed to.CommentsClose CommentsPermalink
‘(C) Motions to postpone, made in the House of Representatives with respect to the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without debate.CommentsClose CommentsPermalink
‘(D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a resolution shall be decided without debate.CommentsClose CommentsPermalink
‘(f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply with respect to a joint resolution described in subsection (a) of the House receiving the joint resolution--CommentsClose CommentsPermalink
‘(1) the procedure in that House shall be the same as if no joint resolution had been received from the other House; butCommentsClose CommentsPermalink
‘(2) the vote on final passage shall be on the joint resolution of the other House.CommentsClose CommentsPermalink
‘(g) The enactment of a resolution of approval does not serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, does not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule.CommentsClose CommentsPermalink
‘(h) This section and section 803 are enacted by Congress--CommentsClose CommentsPermalink
‘(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; andCommentsClose CommentsPermalink
‘(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.CommentsClose CommentsPermalink
‘Sec. 803. Congressional disapproval procedure for nonmajor rules
‘(a) For purposes of this section, the term ‘joint resolution’ means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: ‘That Congress disapproves the nonmajor rule submitted by the X X relating to X X, and such rule shall have no force or effect.’ (The blank spaces being appropriately filled in).CommentsClose CommentsPermalink
‘(b)(1) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.CommentsClose CommentsPermalink
‘(2) For purposes of this section, the term submission or publication date means the later of the date on which--CommentsClose CommentsPermalink
‘(A) the Congress receives the report submitted under section 801(a)(1); orCommentsClose CommentsPermalink
‘(B) the nonmajor rule is published in the Federal Register, if so published.CommentsClose CommentsPermalink
‘(c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.CommentsClose CommentsPermalink
‘(d)(1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.CommentsClose CommentsPermalink
‘(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.CommentsClose CommentsPermalink
‘(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.CommentsClose CommentsPermalink
‘(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.CommentsClose CommentsPermalink
‘(e) In the Senate the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule--CommentsClose CommentsPermalink
‘(1) after the expiration of the 60 session days beginning with the applicable submission or publication date, orCommentsClose CommentsPermalink
‘(2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes.CommentsClose CommentsPermalink
‘(f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply:CommentsClose CommentsPermalink
‘(1) The joint resolution of the other House shall not be referred to a committee.CommentsClose CommentsPermalink
‘(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution--CommentsClose CommentsPermalink
‘(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; butCommentsClose CommentsPermalink
‘(B) the vote on final passage shall be on the joint resolution of the other House.CommentsClose CommentsPermalink
‘Sec. 804. Definitions
‘For purposes of this chapter--CommentsClose CommentsPermalink
‘(1) The term ‘Federal agency’ means any agency as that term is defined in section 551(1).CommentsClose CommentsPermalink
‘(2) The term ‘major rule’ means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in--CommentsClose CommentsPermalink
‘(A) an annual effect on the economy of $100,000,000 or more;CommentsClose CommentsPermalink
‘(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; orCommentsClose CommentsPermalink
‘(C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.CommentsClose CommentsPermalink
‘(3) The term ‘nonmajor rule’ means any rule that is not a major rule.CommentsClose CommentsPermalink
‘(4) The term ‘rule’ has the meaning given such term in section 551, except that such term does not include--CommentsClose CommentsPermalink
‘(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing;CommentsClose CommentsPermalink
‘(B) any rule relating to agency management or personnel; orCommentsClose CommentsPermalink
‘(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.CommentsClose CommentsPermalink
‘Sec. 805. Judicial review
‘(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review.CommentsClose CommentsPermalink
‘(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect.CommentsClose CommentsPermalink
‘Sec. 806. Exemption for monetary policy
‘Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.CommentsClose CommentsPermalink
‘Sec. 807. Effective date of certain rules
‘Notwithstanding section 801--CommentsClose CommentsPermalink
‘(1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; orCommentsClose CommentsPermalink
‘(2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest,CommentsClose CommentsPermalink
shall take effect at such time as the Federal agency promulgating the rule determines.’.CommentsClose CommentsPermalink
TITLE III--TAX REFORMCommentsClose CommentsPermalink
TITLE III--TAX REFORMCommentsClose CommentsPermalink
SEC. 301. REDUCTION IN CORPORATE INCOME TAX RATES.
(a) In General- Paragraph (1) of section 11(b) of the Internal Revenue Code of 1986 is amended to read as follows:CommentsClose CommentsPermalink
‘(1) RATES OF TAX-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as otherwise provided in this paragraph, the amount of the tax imposed by subsection (a) shall be the sum of--CommentsClose CommentsPermalink
‘(i) 15 percent of so much of the taxable income as does not exceed $50,000, andCommentsClose CommentsPermalink
‘(ii) 25 percent of so much of the taxable income as exceeds $50,000.CommentsClose CommentsPermalink
‘(B) SPECIAL RULES FOR 2011- In the case of any taxable year beginning in 2011, the amount of the tax imposed by subsection (a) shall be the sum of--CommentsClose CommentsPermalink
‘(i) 15 percent of so much of the taxable income as does not exceed $50,000, andCommentsClose CommentsPermalink
‘(ii) 25 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000, andCommentsClose CommentsPermalink
‘(iii) 30 percent of so much of the taxable income as exceeds $75,000.’.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 11(b)(2) of such Code is amended by striking ‘35 percent’ and inserting ‘the maximum rate of tax in effect under section 11(b)(1)’.CommentsClose CommentsPermalink
(2) Section 280C(c)(3)(B)(ii)(II) of such Code is amended by inserting ‘in effect’ after ‘maximum rate of tax’.CommentsClose CommentsPermalink
(3) Section 904(b)(3)(D)(ii) of such Code is amended by striking ‘(determined without regard to the last sentence of section 11(b)(1))’.CommentsClose CommentsPermalink
(4) Section 1201(a) of such Code is amended--CommentsClose CommentsPermalink
(A) by striking ‘35 percent (determined without regard to the last 2 sentences of section 11(b)(1))’ and inserting ‘the maximum rate of tax in effect under section 11(b)(1)’, andCommentsClose CommentsPermalink
(B) by striking ‘35 percent’ in paragraph (2) and inserting ‘the maximum rate of tax in effect under section 11(b)(1)’.CommentsClose CommentsPermalink
(5) Section 1561(a) of such Code is amended by striking the fourth sentence.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2010.CommentsClose CommentsPermalink
SEC. 302. 2003 TAX REDUCTIONS ON DOMESTIC DIVIDENDS MADE PERMANENT.
Effective for taxable years beginning after December 31, 2011, section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is hereby repealed.CommentsClose CommentsPermalink
SEC. 303. SMALL BUSINESS EXPENSING FOR SMALL BUSINESS MADE PERMANENT.
(a) In General- Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 is amended by striking ‘exceed--’ and all that follows and inserting ‘exceed $500,000.’.CommentsClose CommentsPermalink
(b) Threshold for Reduction in Limitation- Paragraph (2) of section 179(b) of such Code is amended by striking ‘exceed--’ and inserting ‘exceed $2,000,000.’.CommentsClose CommentsPermalink
(c) Inflation Adjustments- Section 179(b)(6) of such Code is amended--CommentsClose CommentsPermalink
(1) in subparagraph (A) in the matter preceding clause (i) by striking ‘the $125,000 and $500,000 amounts in paragraphs (1)(C) and (2)(C)’ and inserting ‘the $500,000 and $2,000,000 amounts in paragraphs (1) and (2)’, andCommentsClose CommentsPermalink
(2) in subparagraph (A)(ii) by striking ‘2006’ and inserting ‘2011’.CommentsClose CommentsPermalink
(d) Revocation of Election- Section 179(c)(2) of such Code is amended by striking ‘and before 2013’.CommentsClose CommentsPermalink
(e) Computer Software- Section 179(d)(1)(A)(ii) of such Code is amended by striking ‘and before 2012’.CommentsClose CommentsPermalink
(f) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 304. PERMANENT EXTENSION OF ESTATE TAX RELIEF.
(a) In General- Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the provisions of, and amendments made by, title V of such Act.CommentsClose CommentsPermalink
(b) Conforming Amendment- The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is amended by striking section 304.CommentsClose CommentsPermalink
(c) Effective Date- Subsection (a) and the amendments made by subsection (b) shall apply to years beginning after December 31, 2012.CommentsClose CommentsPermalink
SEC. 305. ADDITIONAL SAVINGS.
The Committee on Ways and Means of the House of Representatives shall prioritize reporting out legislation that would provide significant reforms to the Internal Revenue Code of 1986 that would--CommentsClose CommentsPermalink
(1) simplify the Internal Revenue Code of 1986 for individuals and businesses to reduce the burden of compliance;CommentsClose CommentsPermalink
(2) eliminate deductions that unjustly benefit corporations and special interests (and report out the savings resulting from these eliminations); andCommentsClose CommentsPermalink
(3) consider proposals that will disincentivize and eliminate tax shelters.CommentsClose CommentsPermalink
TITLE IV--WORKFORCE INVESTMENTCommentsClose CommentsPermalink
TITLE IV--WORKFORCE INVESTMENTCommentsClose CommentsPermalink
SEC. 401. SENSE OF CONGRESS REGARDING THE NEED TO REAUTHORIZE THE WORKFORCE INVESTMENT ACT OF 1998.
It is the sense of Congress that Congress should urgently reauthorize the Workforce Investment Act of 1998 (
(1) improve and expand the job training and other employment-related programs under the Act; andCommentsClose CommentsPermalink
(2) modernize such programs to better train workers for the highly skilled jobs in the modern economy.CommentsClose CommentsPermalink
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