No More Excuses Energy Act of 2013 - Amends the Internal Revenue Code to: (1) allow the issuance of tax-exempt facility bonds for the financing of domestic use oil refinery facilities, (2) extend the tax credit for a facility using wind to produce electricity (with specified reductions to phase-out the credit over the course of the extension), (3) set the rate of the excise tax on liquefied natural gas to 24.3 cents per energy equivalent of a gallon of diesel, (4) extend through 2014 the excise tax credit for alternative fuel, (5) allow tax credits for the production of electricity from nuclear energy and the production of fuel from certain onshore wells, and (6) repeal the minimum gas capture requirement for purposes of the carbon dioxide sequestration tax credit.
Requires the President to designate at least 10 sites for oil or natural gas refineries on federal lands and make such sites available to the private sector for construction of refineries.
Prohibits the Nuclear Regulatory Commission (NRC) from denying an application for nuclear waste disposal on the grounds of present or future insufficient capacity.
American-Made Energy and Good Jobs Act - Directs the Secretary of the Interior to establish and implement a competitive oil and gas leasing program in the Coastal Plain of Alaska.
Repeals the prohibition against producing oil and gas from the Arctic National Wildlife Refuge.
Sets forth requirements for the sale of oil and natural gas leases in the Coastal Plain, environmental protection, transportation easements, and royalty payments to Alaska.
Establishes in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund to assist Alaska jurisdictions that are directly impacted by oil and gas exploration and production in the Coastal Plain.
Amends the Gulf of Mexico Energy Security Act of 2006 to repeal the moratorium on oil and gas leasing in certain areas in the Gulf of Mexico.
Directs the Secretary to include the areas removed from such moratorium within the areas available for leasing under the 2012-2017 Outer Continental Shelf Oil and Gas Leasing program.
Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas to address climate change.
Excludes "greenhouse gas" from the definition of "air pollutant" except in connection with concerns other than climate change.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2081 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2081
To secure unrestricted reliable energy for American consumption and
transmission.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2013
Mr. Thornberry introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Ways and Means and Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To secure unrestricted reliable energy for American consumption and
transmission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``No More Excuses
Energy Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REFINERIES
Sec. 101. Tax-exempt financing of domestic use oil refinery facilities.
Sec. 102. Designation and availability of Federal lands for oil and
natural gas refineries.
TITLE II--ALTERNATIVE ENERGY
Sec. 201. Phaseout of credit for electricity produced from certain
renewable resources.
Sec. 202. Equalization of excise tax on liquefied natural gas and per
energy equivalent of diesel.
Sec. 203. Extension of alternative fuel credit.
TITLE III--NUCLEAR ENERGY
Sec. 301. Waste confidence.
Sec. 302. ASME Nuclear Certification credit.
TITLE IV--DRILLING
Subtitle A--Tax Provisions
Sec. 401. Credit for producing fuel from nonconventional sources to
apply to gas produced onshore from
formations more than 15,000 feet deep.
Sec. 402. Repeal of minimum capture requirement for carbon dioxide
sequestration credit.
Subtitle B--Oil and Gas Development on the Coastal Plain of Alaska
Sec. 411. Short title.
Sec. 412. Definitions.
Sec. 413. Leasing program for lands within the Coastal Plain.
Sec. 414. Lease sales.
Sec. 415. Grant of leases by the Secretary.
Sec. 416. Lease terms and conditions.
Sec. 417. Coastal plain environmental protection.
Sec. 418. Expedited judicial review.
Sec. 419. Federal and State distribution of revenues.
Sec. 420. Rights-of-way across the Coastal Plain.
Sec. 421. Conveyance.
Sec. 422. Local government impact aid and community service assistance.
Subtitle C--Offshore Oil and Gas Development
Sec. 431. Repeal of moratorium on oil and gas leasing in the Gulf of
Mexico.
Sec. 432. Inclusion of areas in 2012-2017 outer Continental Shelf oil
and gas leasing program.
TITLE V--GREENHOUSE GAS REGULATION
Sec. 501. No regulation of emissions of greenhouse gases under Clean
Air Act.
TITLE I--REFINERIES
SEC. 101. TAX-EXEMPT FINANCING OF DOMESTIC USE OIL REFINERY FACILITIES.
(a) In General.--
(1) Treatment as exempt facility bond.--Subsection (a) of
section 142 of the Internal Revenue Code of 1986 (relating to
exempt facility bond) is amended by striking ``or'' at the end
of paragraph (14), by striking the period at the end of
paragraph (15) and inserting ``, or'', and by inserting at the
end the following new paragraph:
``(16) domestic use oil refinery facilities.''.
(2) Domestic use oil refinery facilities.--Section 142 of
such Code is amended by adding at the end the following new
subsection:
``(n) Domestic Use Oil Refinery Facilities.--
``(1) In general.--For purposes of subsection (a)(16), the
term `domestic use oil refinery facility' means any facility in
the United States--
``(A) which processes liquid fuel from crude oil,
and
``(B) all of the output of which it is reasonably
certain ultimate consumption will occur in the United
States.
``(2) Election to terminate tax-exempt bond financing by
certain refineries.--In the case of a facility financed with
bonds which would cease to be tax-exempt by reason of the
failure to meet the domestic use requirement of this
subsection, rules similar to the rules of subsection (f)(4)
shall apply for purposes of this section.''.
(b) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 102. DESIGNATION AND AVAILABILITY OF FEDERAL LANDS FOR OIL AND
NATURAL GAS REFINERIES.
(a) Designation.--Within 18 months after the date of enactment of
this Act, the President shall designate at least 10 sites on Federal
lands that are suitable for the siting of an oil refinery or natural
gas refinery (or both).
(b) Availability of Lands.--Within 24 months after the date of
enactment of this Act, the President shall make each site designated
under subsection (a) available to the private sector for construction
of an oil refinery or natural gas refinery (or both), as appropriate.
TITLE II--ALTERNATIVE ENERGY
SEC. 201. PHASEOUT OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE RESOURCES.
(a) 5-Year Extension.--Paragraph (1) of section 45(d) of the
Internal Revenue Code of 1986 is amended by striking ``January 1,
2014'' in paragraph (1) and inserting ``January 1, 2019''.
(b) Phaseout of Credit.--Subsection (e) of section 45 of such Code
is amended by adding at the end the following new paragraph:
``(12) Phaseout of credit for wind energy.--
``(A) In general.--In the case of facilities to
which subsection (d)(1) applies and the construction of
which begins after December 31, 2013, the number of
cents taken into account under subsection (a) for
taxable years ending after such date shall be only the
applicable percentage of such number (determined
without regard to this paragraph) for such year. If any
amount determined under the preceding sentence is not a
multiple of 0.01 cent, such amount shall be rounded to
the nearest multiple of 0.01 cent.
``(B) Applicable percentage.--For purposes of
subparagraph (A)--
------------------------------------------------------------------------
The
``In the case of facilities the construction of which applicable
begins in: percentage
is:
------------------------------------------------------------------------
2014....................................................... 90
2015....................................................... 80
2016....................................................... 70
2017 or 2018............................................... 60''.
------------------------------------------------------------------------
(c) Effective Date.--The amendments made by this section shall
apply to property originally placed in service on or after January 1,
2013.
SEC. 202. EQUALIZATION OF EXCISE TAX ON LIQUEFIED NATURAL GAS AND PER
ENERGY EQUIVALENT OF DIESEL.
(a) In General.--Subparagraph (B) of section 4041(a)(2) of the
Internal Revenue Code of 1986 is amended by striking the period at the
end of clause (ii) and inserting ``, and'', and by inserting after
clause (ii) the following new clause:
``(iii) in the case of liquefied natural
gas, 24.3 cents per energy equivalent of a
gallon of diesel.''.
(b) Energy Equivalent of a Gallon of Diesel and Administrative
Provision.--Paragraph (2) of section 4041(a) of such Code is amended by
adding at the end the following:
``(C) Energy equivalent of a gallon of diesel.--For
purposes of this paragraph, the term `energy equivalent
of a gallon of diesel' means, with respect to a
liquefied natural gas fuel, the amount of such fuel
having a Btu content of 128,700 (lower heating value).
``(D) Administrative provisions.--For purposes of
applying this title with respect to the taxes imposed
by this subsection, references to any liquid subject to
tax under this subsection shall be treated as including
references to liquefied natural gas subject to tax
under this paragraph.''.
(c) Conforming Amendments.--Section 4041(a)(2)(B)(ii) of such Code
is amended--
(1) by striking ``liquefied natural gas,'', and
(2) by striking ``peat), and'' and inserting ``peat) and''.
(d) Effective Date.--The amendments made by this section shall
apply to any sale or use of liquefied natural gas after 14 days after
the date of the enactment of this Act.
SEC. 203. EXTENSION OF ALTERNATIVE FUEL CREDIT.
(a) In General.--Paragraph (5) of section 6426(d) of the Internal
Revenue Code of 1986 (relating to alternative fuel credit) is amended
by striking ``December 31, 2013'' and all that follows and inserting
``December 31, 2014.''.
(b) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2013.
TITLE III--NUCLEAR ENERGY
SEC. 301. WASTE CONFIDENCE.
The Nuclear Regulatory Commission may not deny an application for a
license, permit, or other authorization under the Atomic Energy Act of
1954 on the grounds that sufficient capacity does not exist, or will
not become available on a timely basis, for disposal of spent nuclear
fuel or high-level radioactive waste from the facility for which the
license, permit, or other authorization is sought.
SEC. 302. ASME NUCLEAR CERTIFICATION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45S. ASME NUCLEAR CERTIFICATION CREDIT.
``(a) In General.--For purposes of section 38, the ASME Nuclear
Certification credit determined under this section for any taxable year
is an amount equal to 15 percent of the qualified nuclear expenditures
paid or incurred by the taxpayer.
``(b) Qualified Nuclear Expenditures.--For purposes of this
section, the term `qualified nuclear expenditures' means any
expenditure related to--
``(1) obtaining a certification under the American Society
of Mechanical Engineers Nuclear Component Certification
program, or
``(2) increasing the taxpayer's capacity to construct,
fabricate, assemble, or install components--
``(A) for any facility which uses nuclear energy to
produce electricity, and
``(B) with respect to the construction,
fabrication, assembly, or installation of which the
taxpayer is certified under such program.
``(c) Timing of Credit.--The credit allowed under subsection (a)
for any expenditures shall be allowed--
``(1) in the case of a qualified nuclear expenditure
described in subsection (b)(1), for the taxable year of such
certification, and
``(2) in the case of any other qualified nuclear
expenditure, for the taxable year in which such expenditure is
paid or incurred.
``(d) Special Rules.--
``(1) Basis adjustment.--For purposes of this subtitle, if
a credit is allowed under this section for an expenditure, the
increase in basis which would result (but for this subsection)
for such expenditure shall be reduced by the amount of the
credit allowed under this section.
``(2) Denial of double benefit.--No deduction shall be
allowed under this chapter for any amount taken into account in
determining the credit under this section.
``(e) Termination.--This section shall not apply to any
expenditures paid or incurred in taxable years beginning after December
31, 2019.''.
(b) Conforming Amendments.--
(1) Subsection (b) of section 38 of such Code is amended by
striking ``plus'' at the end of paragraph (35), by striking the
period at the end of paragraph (36) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(37) the ASME Nuclear Certification credit determined
under section 45S(a).''.
(2) Subsection (a) of section 1016 (relating to adjustments
to basis) of such Code is amended by striking ``and'' at the
end of paragraph (36), by striking the period at the end of
paragraph (37) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(38) to the extent provided in section 45S(d)(1).''.
(c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred in taxable years beginning after
December 31, 2012.
TITLE IV--DRILLING
Subtitle A--Tax Provisions
SEC. 401. CREDIT FOR PRODUCING FUEL FROM NONCONVENTIONAL SOURCES TO
APPLY TO GAS PRODUCED ONSHORE FROM FORMATIONS MORE THAN
15,000 FEET DEEP.
(a) In General.--Subparagraph (B) of section 45K(c)(1) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at the end
of clause (i), by striking ``and'' at the end of clause (ii) and
inserting ``or'', and by inserting after clause (ii) the following new
clause:
``(iii) an onshore well from a formation
more than 15,000 feet deep, and''.
(b) Eligible Deep Gas Wells.--Section 45K of such Code is amended
by adding at the end the following new subsection:
``(h) Eligible Deep Gas Wells.--In the case of a well producing
qualified fuel described in subsection (c)(1)(B)(iii)--
``(1) for purposes of subsection (e)(1)(A), such well shall
be treated as drilled before January 1, 1993, if such well is
drilled after the date of the enactment of this subsection, and
``(2) subsection (e)(2) shall not apply.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 402. REPEAL OF MINIMUM CAPTURE REQUIREMENT FOR CARBON DIOXIDE
SEQUESTRATION CREDIT.
(a) In General.--Subsection (c) of section 45Q of the Internal
Revenue Code of 1986 is amended by inserting ``and'' at the end of
paragraph (1), by striking ``, and'' at the end of paragraph (2) and
inserting a period, and by striking paragraph (3).
(b) Effective Date.--The amendments made by this section shall
apply to carbon dioxide captured after the date of the enactment of
this Act.
Subtitle B--Oil and Gas Development on the Coastal Plain of Alaska
SEC. 411. SHORT TITLE.
This subtitle may be cited as the ``American-Made Energy and Good
Jobs Act''.
SEC. 412. DEFINITIONS.
In this subtitle:
(1) Coastal plain.--The term ``Coastal Plain'' means that
area described in appendix I to part 37 of title 50, Code of
Federal Regulations.
(2) Secretary.--The term ``Secretary'', except as otherwise
provided, means the Secretary of the Interior or the
Secretary's designee.
SEC. 413. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.
(a) In General.--The Secretary shall take such actions as are
necessary--
(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; and
(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.
(b) Repeal.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--The table of contents in section
1 of such Act is amended by striking the item relating to
section 1003.
(c) Compliance With Requirements Under Certain Other Laws.--
(1) Compatibility.--For purposes of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.), the oil and gas leasing program and activities
authorized by this section in the Coastal Plain are deemed to
be compatible with the purposes for which the Arctic National
Wildlife Refuge was established, and no further findings or
decisions are required to implement this determination.
(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 of 1980 (16
U.S.C. 3142) and section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is
deemed to satisfy the requirements under the National
Environmental Policy Act of 1969 that apply with respect to
prelease activities, including actions authorized to be taken
by the Secretary to develop and promulgate the regulations for
the establishment of a leasing program authorized by this
subtitle before the conduct of the first lease sale.
(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
within 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.
(d) Relationship to State and Local Authority.--Nothing in this
subtitle shall be considered to expand or limit State and local
regulatory authority.
(e) Special Areas.--
(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.
(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.
(3) Exclusion from leasing or surface occupancy.--The
Secretary may exclude any Special Area from leasing. If the
Secretary leases a Special Area, or any part thereof, for
purposes of oil and gas exploration, development, production,
and related activities, there shall be no surface occupancy of
the lands comprising the Special Area.
(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.
(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, and production is that set forth in this
subtitle.
(g) Regulations.--
(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, subsistence resources, and
environment of the Coastal Plain, by no later than 15 months
after the date of enactment of this Act.
(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.
SEC. 414. 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 (30 U.S.C. 181 et seq.).
(b) Procedures.--The Secretary shall, by regulation, establish
procedures for--
(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;
(2) the holding of lease sales after such nomination
process; and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Bidding for leases under this subtitle shall
be by sealed competitive cash bonus bids.
(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.
(e) Timing of Lease Sales.--The Secretary shall--
(1) conduct the first lease sale under this subtitle within
22 months after the date of the enactment of this Act; and
(2) conduct additional sales so long as sufficient interest
in development exists to warrant, in the Secretary's judgment,
the conduct of such sales.
SEC. 415. 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 414 any
lands to be leased on the Coastal Plain upon payment by the lessee of
such bonus as may be accepted by the Secretary.
(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.
SEC. 416. LEASE TERMS AND CONDITIONS.
An oil or gas lease issued pursuant to this subtitle shall--
(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;
(2) 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;
(3) 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;
(4) 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;
(5) include requirements and restrictions to provide for
reasonable protection of fish and wildlife, their habitat,
subsistence resources, and the environment as determined by the
Secretary;
(6) prohibit the export of oil produced under the lease;
and
(7) 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.
SEC. 417. 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 413, administer the provisions of this subtitle
through regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, and other provisions that--
(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;
(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; and
(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.
(b) Site-Specific Assessment and Mitigation.--The Secretary shall
also require, with respect to any proposed drilling and related
activities, that--
(1) a site-specific analysis be made of the probable
effects, if any, that the drilling or related activities will
have on fish and wildlife, their habitat, subsistence
resources, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the extent practicable) any significant
adverse effect identified under paragraph (1); and
(3) the development of the plan shall occur after
consultation with the agency or agencies having jurisdiction
over matters mitigated by the plan.
(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.
(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:
(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.
(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.
(3) Design safety and construction standards for all
pipelines and any access and service roads, that--
(A) minimize, to the maximum extent possible,
adverse effects upon the passage of migratory species
such as caribou; and
(B) minimize adverse effects upon the flow of
surface water by requiring the use of culverts,
bridges, and other structural devices.
(4) Prohibitions on general public access and use on all
pipeline access and service roads.
(5) 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.
(6) Appropriate prohibitions or restrictions on access by
all modes of transportation.
(7) Appropriate prohibitions or restrictions on sand and
gravel extraction.
(8) Consolidation of facility siting.
(9) Appropriate prohibitions or restrictions on use of
explosives.
(10) Avoidance, to the extent practicable, of springs,
streams, and river system; the protection of natural surface
drainage patterns, wetlands, and riparian habitats; and the
regulation of methods or techniques for developing or
transporting adequate supplies of water for exploratory
drilling.
(11) Avoidance or minimization of air traffic-related
disturbance to fish and wildlife.
(12) 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.
(13) Fuel storage and oil spill contingency planning.
(14) Research, monitoring, and reporting requirements.
(15) Field crew environmental briefings.
(16) Avoidance of significant adverse effects upon
subsistence hunting, fishing, and trapping by subsistence
users.
(17) Compliance with applicable air and water quality
standards.
(18) Appropriate seasonal and safety zone designations
around well sites, within which subsistence hunting and
trapping shall be limited.
(19) Reasonable stipulations for protection of cultural and
archeological resources.
(20) All other protective environmental stipulations,
restrictions, terms, and conditions deemed necessary by the
Secretary.
(e) Considerations.--In preparing and promulgating regulations,
lease terms, conditions, restrictions, prohibitions, and stipulations
under this section, the Secretary shall consider the following:
(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.
(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.
(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.
(f) Facility Consolidation Planning.--
(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.
(2) Objectives.--The plan shall have the following
objectives:
(A) Avoiding unnecessary duplication of facilities
and activities.
(B) Encouraging consolidation of common facilities
and activities.
(C) Locating or confining facilities and activities
to areas that will minimize impact on fish and
wildlife, their habitat, and the environment.
(D) Utilizing existing facilities wherever
practicable.
(E) Enhancing compatibility between wildlife values
and development activities.
(g) Access to Public Lands.--The Secretary shall--
(1) manage public lands in the Coastal Plain subject to
subsections (a) and (b) of section 811 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable
access to public lands in the Coastal Plain for traditional
uses.
SEC. 418. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaint.--
(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--
(A) except as provided in subparagraph (B), within
the 90-day period beginning on the date of the action
being challenged; or
(B) in the case of a complaint based solely on
grounds arising after such period, within 90 days after
the complainant knew or reasonably should have known of
the grounds for the complaint.
(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 Court of
Appeals for the District of Columbia.
(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.
(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.
SEC. 419. 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--
(1) 25 percent shall be paid to the State of Alaska; and
(2) except as provided in section 422(d), the balance shall
be deposited into the Treasury as miscellaneous receipts.
(b) Payments to Alaska.--Payments to the State of Alaska under this
section shall be made semiannually.
SEC. 420. 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--
(1) except as provided in paragraph (2), under section 28
of the Mineral Leasing Act (30 U.S.C. 185), without regard to
title XI of the Alaska National Interest Lands Conservation Act
(30 U.S.C. 3161 et seq.); and
(2) under title XI of the Alaska National Interest Lands
Conservation Act (30 U.S.C. 3161 et seq.), for access
authorized by sections 1110 and 1111 of that Act (16 U.S.C.
3170 and 3171).
(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.
(c) Regulations.--The Secretary shall include in regulations under
section 413(g) provisions granting rights-of-way and easements
described in subsection (a) of this section.
SEC. 421. CONVEYANCE.
In order to maximize Federal revenues by removing clouds on title
to lands and clarifying land ownership patterns within the Coastal
Plain, the Secretary, notwithstanding the provisions of section
1302(h)(2) of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3192(h)(2)), shall convey--
(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 (43 U.S.C. 1611 and 1613) in accordance
with the terms and conditions of the Agreement between the
Department of the Interior, the United States Fish and Wildlife
Service, the Bureau of Land Management, and the Kaktovik
Inupiat Corporation effective January 22, 1993; and
(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.
SEC. 422. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Financial Assistance Authorized.--
(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.
(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.
(b) Use of Assistance.--Financial assistance under this section may
be used only for--
(1) planning for mitigation of the potential effects of oil
and gas exploration and development on environmental, social,
cultural, recreational, and subsistence values;
(2) implementing mitigation plans and maintaining
mitigation projects;
(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 fire-fighting, police, water, waste
treatment, medivac, and medical services; and
(4) establishment of a coordination office, by the North
Slope borough, in the City of Kaktovik, which shall--
(A) coordinate with and advise developers on local
conditions, impact, and history of the areas utilized
for development; and
(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.
(c) Application.--
(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.
(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.
(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.
(d) Establishment of Fund.--
(1) In general.--There is established in the Treasury the
Coastal Plain Local Government Impact Aid Assistance Fund.
(2) Use.--Amounts in the fund may be used only for
providing financial assistance under this section.
(3) Deposits.--Subject to paragraph (4), there shall be
deposited into the fund amounts received by the United States
as revenues derived from rents, bonuses, and royalties from
Federal leases and lease sales authorized under this subtitle.
(4) Limitation on deposits.--The total amount in the fund
may not exceed $11,000,000.
(5) Investment of balances.--The Secretary of the Treasury
shall invest amounts in the fund in interest bearing government
securities.
(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.
Subtitle C--Offshore Oil and Gas Development
SEC. 431. REPEAL OF MORATORIUM ON OIL AND GAS LEASING IN THE GULF OF
MEXICO.
(a) Repeal.--Section 104 of the Gulf of Mexico Energy Security Act
of 2006 (Public Law 109-432; 43 U.S.C. 1331 note) is amended by
striking ``June 30, 2022'' and inserting ``January 1, 2012''.
(b) Inclusion of Opened Areas in 2012-2017 Outer Continental Shelf
Oil and Gas Leasing Program.--Within 90 days after the date of
enactment of this Act, the Secretary of the Interior shall include the
area removed from moratorium by subsection (a) in the areas available
for leasing under the 2012-2017 outer Continental Shelf oil and gas
leasing program prepared under section 18 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1344).
SEC. 432. INCLUSION OF AREAS IN 2012-2017 OUTER CONTINENTAL SHELF OIL
AND GAS LEASING PROGRAM.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of the Interior shall include the areas described in
subsection (b) in the areas available for leasing under the 2012-2017
outer Continental Shelf oil and gas leasing program prepared under
section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344).
(b) Areas Described.--The areas referred to in subsection (a) are
all areas of the outer Continental Shelf (as that term is defined in
that Act) in the Arctic Ocean, Atlantic Ocean, Pacific Ocean, and
Eastern Gulf of Mexico.
TITLE V--GREENHOUSE GAS REGULATION
SEC. 501. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES UNDER CLEAN
AIR ACT.
Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended
by adding at the end the following:
``SEC. 330. NO REGULATION OF EMISSION OF GREENHOUSE GASES.
``(a) Definition.--In this section, the term `greenhouse gas' means
any of the following:
``(1) Water vapor.
``(2) Carbon dioxide.
``(3) Methane.
``(4) Nitrous oxide.
``(5) Sulfur hexafluoride.
``(6) Hydrofluorocarbons.
``(7) Perfluorocarbons.
``(8) Any other substance subject to, or proposed to be
subject to, regulation, action, or consideration under this Act
to address climate change.
``(b) Limitation on Agency Action.--
``(1) Limitation.--The Administrator may not, under this
Act, promulgate any regulation concerning, take action relating
to, or take into consideration the emission of a greenhouse gas
to address climate change.
``(2) Air pollutant definition.--The definition of the term
`air pollutant' in section 302(g) does not include a greenhouse
gas. Notwithstanding the previous sentence, such definition may
include a greenhouse gas for purposes of addressing concerns
other than climate change.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on Ways and Means, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Ways and Means, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Ways and Means, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Energy and Power.
Referred to the Subcommittee on Energy and Mineral Resources.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line