[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3669 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3669
To reduce gas prices by promoting domestic energy production,
alternative energy, and conservation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 1 (legislative day, September 17), 2008
Mr. Voinovich introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To reduce gas prices by promoting domestic energy production,
alternative energy, and conservation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Harmonizing
America's Energy, Economy, Environment, and National Security Act of
2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DOMESTIC ENERGY PRODUCTION
Subtitle A--Outer Continental Shelf
Sec. 101. Termination of prohibitions on expenditures for, and
withdrawals from, offshore and onshore
leasing and other limitations on energy
production.
Sec. 102. Coordination with Secretary of Defense on leasing.
Sec. 103. Sharing of revenues.
Subtitle B--Leasing Program for Land Within Coastal Plain
Sec. 111. Definitions.
Sec. 112. Leasing program for land within the Coastal Plain.
Sec. 113. Lease sales.
Sec. 114. Grant of leases by the Secretary.
Sec. 115. Lease terms and conditions.
Sec. 116. Coastal plain environmental protection.
Sec. 117. Rights-of-way and easements across coastal plain.
Sec. 118. Conveyance.
Sec. 119. Local government impact aid and community service assistance.
Sec. 120. Allocation of revenues.
Subtitle C--Oil Shale
Sec. 131. Removal of prohibition on final regulations for commercial
leasing program for oil shale resources on
public land.
TITLE II--ALTERNATIVE ENERGY AND CONSERVATION
Subtitle A--Conservation Reserve and Renewable Energy Reserve Accounts
Sec. 201. Conservation Reserve and Renewable Energy Reserve Accounts.
Subtitle B--Department of Defense Facilitation of Secure Domestic Fuel
Development
Sec. 211. Procurement and acquisition of alternative fuels.
TITLE I--DOMESTIC ENERGY PRODUCTION
Subtitle A--Outer Continental Shelf
SEC. 101. TERMINATION OF PROHIBITIONS ON EXPENDITURES FOR, AND
WITHDRAWALS FROM, OFFSHORE AND ONSHORE LEASING AND OTHER
LIMITATIONS ON ENERGY PRODUCTION.
(a) Prohibitions on Expenditures.--Notwithstanding any other
provision of law, all provisions of Federal law that prohibit the
expenditure of appropriated funds to conduct natural gas, oil, oil
shale, and other energy production leasing, preleasing, and related
activities on Federal land shall have no force or effect with respect
to the activities.
(b) Revocation Withdrawals.--Notwithstanding any other provision of
law, all withdrawals of Federal submerged land of the outer Continental
Shelf from leasing (including withdrawals by the President under
section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1341(a)), are revoked and are no longer in force or effect with respect
to the leasing of areas for exploration for, and development and
production of, natural gas and oil.
(c) Gulf of Mexico Oil and Gas.--Section 104 of the Gulf of Mexico
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)
is repealed.
(d) Conforming Amendments.--
(1) Sections 104 and 105 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2008
(Public Law 110-161; 121 Stat. 2118) are repealed.
(2) Section 103(a) of the Gulf of Mexico Energy Security
Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is
amended by striking ``Except as provided in section 104, the''
and inserting ``The''.
SEC. 102. COORDINATION WITH SECRETARY OF DEFENSE ON LEASING.
The Outer Continental Shelf Lands Act is amended by inserting after
section 9 (43 U.S.C. 1338) the following:
``SEC. 10. COORDINATION WITH SECRETARY OF DEFENSE ON LEASING.
``(a) In General.--The Secretary shall consult with the Secretary
of Defense regarding military operations needs for the outer
Continental Shelf.
``(b) Conflicts.--
``(1) In general.--The Secretary shall work with the
Secretary of Defense to resolve any conflict that may arise
between operations described in subsection (a) and leasing
under this Act.
``(2) Unresolved issues.--If the Secretary and the
Secretary of Defense are unable to resolve any conflict
described in paragraph (1), any unresolved issue shall be
referred by the Secretaries to the President in a timely
fashion for immediate resolution.''.
SEC. 103. SHARING OF REVENUES.
(a) In General.--Section 8(g) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(g)) is amended--
(1) in paragraph (2), by striking ``(2) Notwithstanding''
and inserting the following:
``(2) Disposition of revenues.--Except as provided in
paragraph (6) and notwithstanding'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) Bonus bids and royalties under qualified leases.--
``(A) Definitions.--In this paragraph:
``(i) Adjacent state.--The term `adjacent
State' means, with respect to any program,
plan, lease sale, leased tract, or other
activity proposed, conducted, or approved
pursuant to this Act, any State the laws of
which are declared, pursuant to section
4(a)(2), to be the law of the United States for
the portion of the outer Continental Shelf on
which the program, plan, lease sale, leased
tract, or activity applies or is, or is
proposed to be, conducted.
``(ii) Adjacent zone.--The term `adjacent
zone' means, with respect to any program, plan,
lease sale, leased tract, or other activity
proposed, conducted, or approved pursuant to
this Act, the portion of the outer Continental
Shelf for which the laws of an adjacent State
are declared, pursuant to section 4(a)(2), to
be the law of the United States.
``(iii) Producing state.--The term
`producing State' means an adjacent State
having an adjacent zone containing leased
tracts from which are derived bonus bids and
royalties under a lease under this Act.
``(iv) Qualified lease.--The term
`qualified lease' means a natural gas or oil
lease made available under this Act granted
after the date of enactment of the Harmonizing
America's Energy, Economy, Environment, and
National Security Act of 2008, for an area that
is available for leasing as a result of
enactment of section 101 of that Act.
``(v) State.--The term `State' includes--
``(I) the Commonwealth of Puerto
Rico; and
``(II) any other territory or
possession of the United States.
``(B) New leases.--Of amounts received by the
United States as bonus bids, royalties, rentals, and
other sums collected under any qualified lease on
submerged land made available for leasing under this
Act by the enactment of section 101 of the Harmonizing
America's Energy, Economy, Environment, and National
Security Act of 2008 that are located within the
seaward boundaries of a State established under section
4(a)(2)(A)--
``(i) 27 percent shall be paid to producing
States with respect to that submerged land;
``(ii) 25 percent shall be deposited in the
Conservation Reserve Account established by
section 201(a)(1) of the Harmonizing America's
Energy, Economy, Environment, and National
Security Act of 2008;
``(iii) 25 percent shall be deposited in
the Renewable Energy Reserve Account
established by section 201(a)(2) of that Act;
``(iv) 20 percent shall be deposited in the
general fund of the Treasury of the United
States for debt reduction; and
``(v) subject to the availability of
appropriations, 3 percent may be available to
the Secretary of Health and Human Services for
carrying out the low-income home energy
assistance program established under the Low-
Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.).
``(C) Leased tract that lies partially within the
seaward boundaries of a state.--In the case of a leased
tract that lies partially within the seaward boundaries
of a State, the amount of bonus bids and royalties from
the tract that is subject to subparagraph (B) with
respect to the State shall be a percentage of the total
amounts of bonus bids and royalties from the tract that
is equivalent to the total percentage of the surface
acreage of the tract that lies within the seaward
boundaries.
``(D) Application.--This paragraph applies to bonus
bids and royalties received by the United States under
qualified leases after September 30, 2008.''.
(b) Establishment of State Seaward Boundaries.--Section 4(a)(2) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)) is
amended--
(1) by striking ``(2)(A) To'' and inserting the following:
``(2) Laws of adjacent states; international boundary
disputes.--
``(A) Laws of adjacent states.--
``(i) In general.--To''; and
(2) in subparagraph (A)--
(A) in the first sentence, by striking ``, and the
President'' and all that follows through the end of the
sentence and inserting a period;
(B) by inserting after clause (i) (as designated by
paragraph (1)) the following:
``(ii) Extended lines.--
``(I) In general.--Subject to
subclauses (II) and (III), the extended
lines described in clause (i) shall be
considered to be indicated on the maps
for each outer Continental Shelf region
entitled--
``(aa) `Alaska OCS Region
State Adjacent Zone and OCS
Planning Areas';
``(bb) `Pacific OCS Region
State Adjacent Zones and OCS
Planning Areas';
``(cc) `Gulf of Mexico OCS
Region State Adjacent Zones and
OCS Planning Areas'; and
``(dd) `Atlantic OCS Region
State Adjacent Zones and OCS
Planning Areas'.
``(II) Maps.--For the purpose of
subclause (I), all of the maps
described in subclause (I) are dated
September 2005 and on file in the
Office of the Director, Minerals
Management Service.
``(III) Gulf of mexico.--Subclause
(I) shall not apply with respect to the
treatment under section 105 of the Gulf
of Mexico Energy Security Act of 2006
(43 U.S.C. 1331 note; Public Law 109-
432) of qualified outer Continental
Shelf revenues deposited and disbursed
under section 105(a)(2) of that Act.'';
and
(C) by striking ``All of such applicable laws'' and
inserting the following:
``(iii) Administration; enforcement.--The
applicable laws described in subparagraph
(A)''.
Subtitle B--Leasing Program for Land Within Coastal Plain
SEC. 111. DEFINITIONS.
In this subtitle:
(1) Coastal plain.--The term ``Coastal Plain'' means that
area identified as the ``1002 Coastal Plain Area'' on the map.
(2) Federal agreement.--The term ``Federal Agreement''
means the Federal Agreement and Grant Right-of-Way for the
Trans-Alaska Pipeline issued on January 23, 1974, in accordance
with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and
the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et
seq.).
(3) Final statement.--The term ``Final Statement'' means
the final legislative environmental impact statement on the
Coastal Plain, dated April 1987, and prepared pursuant to
section 1002 of the Alaska National Interest Lands Conservation
Act (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)).
(4) Map.--The term ``map'' means the map entitled ``Arctic
National Wildlife Refuge'', dated September 2005, and prepared
by the United States Geological Survey.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (or the designee of the Secretary), acting
through the Director of the Bureau of Land Management in
consultation with the Director of the United States Fish and
Wildlife Service and in coordination with a State coordinator
appointed by the Governor of the State of Alaska.
SEC. 112. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.
(a) In General.--
(1) Authorization.--Congress authorizes the exploration,
leasing, development, production, and economically feasible and
prudent transportation of oil and gas in and from the Coastal
Plain.
(2) Actions.--The Secretary shall take such actions as are
necessary--
(A) to establish and implement, in accordance with
this subtitle, a competitive oil and gas leasing
program that will result in an environmentally sound
program for the exploration, development, and
production of the oil and gas resources of the Coastal
Plain while taking into consideration the interests and
concerns of residents of the Coastal Plain, which is
the homeland of the Kaktovikmiut Inupiat; and
(B) to administer this subtitle through
regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, and other provisions that--
(i) 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; and
(ii) require the application of the best
commercially available technology for oil and
gas exploration, development, and production to
all exploration, development, and production
operations under this subtitle in a manner that
ensures the receipt of fair market value by the
public for the mineral resources to be leased.
(b) Repeal.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--The table of contents contained
in section 1 of that Act (16 U.S.C. 3101 note) 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.)--
(A) the oil and gas pre-leasing and leasing
program, and activities authorized by this section in
the Coastal Plain, shall be considered to be compatible
with the purposes for which the Arctic National
Wildlife Refuge was established; and
(B) no further findings or decisions shall be
required to implement that program and those
activities.
(2) Adequacy of the department of the interior's
legislative environmental impact statement.--The Final
Statement shall be considered to satisfy the requirements under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) that apply with respect to pre-leasing activities,
including exploration programs and 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.--
(A) In general.--Before conducting the first lease
sale under this subtitle, the Secretary shall prepare
an environmental impact statement in accordance with
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the actions
authorized by this subtitle that are not referred to in
paragraph (2).
(B) Identification and analysis.--Notwithstanding
any other provision of law, in carrying out this
paragraph, the Secretary shall not be required--
(i) to identify nonleasing alternative
courses of action; or
(ii) to analyze the environmental effects
of those courses of action.
(C) Identification of preferred action.--Not later
than 18 months after the date of enactment of this Act,
the Secretary shall--
(i) identify only a preferred action and a
single leasing alternative for the first lease
sale authorized under this subtitle; and
(ii) analyze the environmental effects and
potential mitigation measures for those 2
alternatives.
(D) Public comments.--In carrying out this
paragraph, the Secretary shall consider only public
comments that are filed not later than 20 days after
the date of publication of a draft environmental impact
statement.
(E) Effect of compliance.--Notwithstanding any
other provision of law, compliance with this paragraph
shall be considered to satisfy all requirements for the
analysis and consideration of the environmental effects
of proposed leasing under this subtitle.
(d) Relationship to State and Local Authority.--Nothing in this
subtitle expands or limits any State or local regulatory authority.
(e) Special Areas.--
(1) Designation.--
(A) In general.--The Secretary, after consultation
with the State of Alaska, the North Slope Borough,
Alaska, and the City of Kaktovik, Alaska, may designate
not more than 45,000 acres of the Coastal Plain as a
special area if the Secretary determines that the
special area would be of such unique character and
interest as to require special management and
regulatory protection.
(B) Sadlerochit spring area.--The Secretary shall
designate as a special area in accordance with
subparagraph (A) the Sadlerochit Spring area,
comprising approximately 4,000 acres as depicted on the
map.
(2) Management.--The Secretary shall manage each special
area designated under this subsection in a manner that--
(A) respects and protects the Native people of the
area; and
(B) preserves the unique and diverse character of
the area, including fish, wildlife, subsistence
resources, and cultural values of the area.
(3) Exclusion from leasing or surface occupancy.--
(A) In general.--The Secretary may exclude any
special area designated under this subsection from
leasing.
(B) No surface occupancy.--If the Secretary leases
all or a portion of a special area for the purposes of
oil and gas exploration, development, production, and
related activities, there shall be no surface occupancy
of the land comprising the special area.
(4) Directional drilling.--Notwithstanding any other
provision of this subsection, the Secretary may lease all or a
portion of a special area under terms that permit the use of
horizontal drilling technology from sites on leases located
outside the special area.
(f) Limitation on Closed Areas.--The Secretary may not close land
within the Coastal Plain to oil and gas leasing or to exploration,
development, or production except in accordance with this subtitle.
(g) Regulations.--
(1) In general.--Not later than 15 months after the date of
enactment of this Act, in consultation with appropriate
agencies of the State of Alaska, the North Slope Borough,
Alaska, and the City of Kaktovik, Alaska, the Secretary shall
issue such regulations as are necessary to carry out this
subtitle, including rules and regulations relating to
protection of the fish and wildlife, fish and wildlife habitat,
and subsistence resources of the Coastal Plain.
(2) Revision of regulations.--The Secretary may
periodically review and, as appropriate, revise the rules and
regulations issued under paragraph (1) to reflect any
significant scientific or engineering data that come to the
attention of the Secretary.
SEC. 113. LEASE SALES.
(a) In General.--Land may be leased pursuant to this subtitle to
any person qualified to obtain a lease for deposits of oil and gas
under the Mineral Leasing Act (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 that 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.--For the first lease sale under
this subtitle, the Secretary shall offer for lease those tracts the
Secretary considers to have the greatest potential for the discovery of
hydrocarbons, taking into consideration nominations received pursuant
to subsection (b)(1), but in no case less than 200,000 acres.
(e) Timing of Lease Sales.--The Secretary shall--
(1) not later than 22 months after the date of enactment of
this Act, conduct the first lease sale under this subtitle;
(2) not later than September 30, 2012, conduct a second
lease sale under this subtitle; and
(3) conduct additional sales at appropriate intervals if
sufficient interest in exploration or development exists to
warrant the conduct of the additional sales.
SEC. 114. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--Upon payment by a lessee of such bonus as may be
accepted by the Secretary, the Secretary may grant to the highest
responsible qualified bidder in a lease sale conducted pursuant to
section 113 a lease for any land on the Coastal Plain.
(b) Subsequent Transfers.--
(1) In general.--No lease issued under this subtitle may be
sold, exchanged, assigned, sublet, or otherwise transferred
except with the approval of the Secretary.
(2) Condition for approval.--Before granting any approval
described in paragraph (1), the Secretary shall consult with
and give due consideration to the opinion of the Attorney
General.
SEC. 115. LEASE TERMS AND CONDITIONS.
(a) In General.--An oil or gas lease issued pursuant to this
subtitle shall--
(1) provide for the payment of a royalty of not less than
16\1/2\ percent of the amount or value of the production
removed or sold from the lease, as determined by the Secretary
in accordance with regulations applicable to other Federal oil
and gas leases;
(2) provide that the Secretary may close, on a seasonal
basis, such portions of the Coastal Plain to exploratory
drilling activities as are necessary to protect caribou calving
areas and other species of fish and wildlife;
(3) require that each lessee of land within the Coastal
Plain shall be fully responsible and liable for the reclamation
of land within the Coastal Plain and any other Federal land
that is adversely affected in connection with exploration,
development, production, or transportation activities within
the Coastal Plain conducted by the lessee or by any of the
subcontractors or agents of the lessee;
(4) provide that the lessee may not delegate or convey, by
contract or otherwise, that reclamation responsibility and
liability to another person without the express written
approval of the Secretary;
(5) provide that the standard of reclamation for land
required to be reclaimed under this subtitle shall be, to the
maximum extent practicable--
(A) a condition capable of supporting the uses that
the land was capable of supporting prior to any
exploration, development, or production activities; or
(B) upon application by the lessee, to a higher or
better standard, as approved by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, fish and wildlife habitat, subsistence
resources, and the environment as required under section
112(a)(2);
(7) provide that each lessee, and each agent and contractor
of a lessee, use their best efforts to provide a fair share of
employment and contracting for Alaska Natives and Alaska Native
Corporations from throughout the State of Alaska, as determined
by the level of obligation previously agreed to in the Federal
Agreement; and
(8) contain such other provisions as the Secretary
determines to be necessary to ensure compliance with this
subtitle and regulations issued under this subtitle.
(b) Project Labor Agreements.--The Secretary, as a term and
condition of each lease under this subtitle, and in recognizing the
proprietary interest of the Federal Government in labor stability and
in the ability of construction labor and management to meet the
particular needs and conditions of projects to be developed under the
leases issued pursuant to this subtitle (including the special concerns
of the parties to those leases), shall require that each lessee, and
each agent and contractor of a lessee, under this subtitle negotiate to
obtain a project labor agreement for the employment of laborers and
mechanics on production, maintenance, and construction under the lease.
SEC. 116. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized
Coastal Plain Activities.--In accordance with section 112, the
Secretary shall administer this subtitle through regulations, lease
terms, conditions, restrictions, prohibitions, stipulations, or other
provisions that--
(1) ensure, to the maximum extent practicable, that oil and
gas exploration, development, and production activities on the
Coastal Plain will result in no significant adverse effect on
fish and wildlife, fish and wildlife 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 surface acreage covered in
connection with the leasing program 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
require, with respect to any proposed drilling and related activities
on the Coastal Plain, that--
(1) a site-specific environmental analysis be made of the
probable effects, if any, that the drilling or related
activities will have on fish and wildlife, fish and wildlife
habitat, subsistence resources, subsistence uses, and the
environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the maximum extent practicable) any
significant adverse effect identified under paragraph (1); and
(3) the development of the plan occur after consultation
with--
(A) each agency having jurisdiction over matters
mitigated by the plan;
(B) the State of Alaska;
(C) North Slope Borough, Alaska; and
(D) the City of Kaktovik, Alaska.
(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 issue regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, or other measures designed to ensure, to
the maximum extent practicable, that the activities carried out 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--
(1) compliance with all applicable provisions of Federal
and State environmental law (including regulations);
(2) implementation of and compliance with--
(A) standards that are at least as effective as the
safety and environmental mitigation measures, as
described in items 1 through 29 on pages 167 through
169 of the Final Statement, on the Coastal Plain;
(B) seasonal limitations on exploration,
development, and related activities, as necessary, to
avoid significant adverse effects during periods of
concentrated fish and wildlife breeding, denning,
nesting, spawning, and migration;
(C) design safety and construction standards for
all pipelines and any access and service roads that
minimize, to the maximum extent practicable, adverse
effects on--
(i) the passage of migratory species (such
as caribou); and
(ii) the flow of surface water by requiring
the use of culverts, bridges, or other
structural devices;
(D) prohibitions on general public access to, and
use of, all pipeline access and service roads;
(E) stringent reclamation and rehabilitation
requirements in accordance with this subtitle for the
removal from the Coastal Plain of all oil and gas
development and production facilities, structures, and
equipment on completion of oil and gas production
operations, except in a case in which the Secretary
determines that those facilities, structures, or
equipment--
(i) would assist in the management of the
Arctic National Wildlife Refuge; and
(ii) are donated to the United States for
that purpose;
(F) appropriate prohibitions or restrictions on--
(i) access by all modes of transportation;
(ii) sand and gravel extraction; and
(iii) use of explosives;
(G) reasonable stipulations for protection of
cultural and archaeological resources;
(H) measures to protect groundwater and surface
water, including--
(i) avoidance, to the maximum extent
practicable, of springs, streams, and river
systems;
(ii) the protection of natural surface
drainage patterns and wetland and riparian
habitats; and
(iii) the regulation of methods or
techniques for developing or transporting
adequate supplies of water for exploratory
drilling; and
(I) research, monitoring, and reporting
requirements;
(3) that exploration activities (except surface geological
studies) be limited to the period between approximately
November 1 and May 1 of each year and be supported, if
necessary, by ice roads, winter trails with adequate snow
cover, ice pads, ice airstrips, and air transport methods
(except that those exploration activities may be permitted at
other times if the Secretary determines that the exploration
will have no significant adverse effect on fish and wildlife,
fish and wildlife habitat, subsistence resources, and the
environment of the Coastal Plain);
(4) consolidation of facility siting;
(5) avoidance or reduction of air traffic-related
disturbance to fish and wildlife;
(6) treatment and disposal of hazardous and toxic wastes,
solid wastes, reserve pit fluids, drilling muds and cuttings,
and domestic wastewater, including, in accordance with
applicable Federal and State environmental laws (including
regulations)--
(A) preparation of an annual waste management
report;
(B) development and implementation of a hazardous
materials tracking system; and
(C) prohibition on the use of chlorinated solvents;
(7) fuel storage and oil spill contingency planning;
(8) conduct of periodic field crew environmental briefings;
(9) avoidance of significant adverse effects on subsistence
hunting, fishing, and trapping;
(10) compliance with applicable air and water quality
standards;
(11) appropriate seasonal and safety zone designations
around well sites, within which subsistence hunting and
trapping shall be limited; and
(12) development and implementation of such other
protective environmental requirements, restrictions, terms, or
conditions as the Secretary, after consultation with the State
of Alaska, North Slope Borough, Alaska, and the City of
Kaktovik, Alaska, determines to be necessary.
(e) Considerations.--In preparing and issuing regulations, lease
terms, conditions, restrictions, prohibitions, or stipulations under
this section, the Secretary shall take into consideration--
(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 through 37.33 of title 50, Code of Federal
Regulations (or successor regulations); and
(3) the land use stipulations for exploratory drilling on
the KIC-ASRC private land described in Appendix 2 of the
agreement between Arctic Slope Regional Corporation and the
United States dated August 9, 1983.
(f) Facility Consolidation Planning.--
(1) In general.--After providing for public notice and
comment, the Secretary shall prepare and periodically update a
plan to govern, guide, and direct the siting and construction
of facilities for the exploration, development, production, and
transportation of oil and gas resources from the Coastal Plain.
(2) Objectives.--The objectives of the plan shall be--
(A) the avoidance of unnecessary duplication of
facilities and activities;
(B) the encouragement of consolidation of common
facilities and activities;
(C) the location or confinement of facilities and
activities to areas that will minimize impact on fish
and wildlife, fish and wildlife habitat, subsistence
resources, and the environment;
(D) the use of existing facilities, to the maximum
extent practicable; and
(E) the enhancement of compatibility between
wildlife values and development activities.
(g) Access to Public Land.--The Secretary shall--
(1) manage public land in the Coastal Plain in accordance
with 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 land in the Coastal Plain for traditional
uses.
SEC. 117. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN.
For purposes of section 1102(4)(A) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3162(4)(A)), any rights-of-way or
easements across the Coastal Plain for the exploration, development,
production, or transportation of oil and gas shall be considered to be
established incident to the management of the Coastal Plain under this
section.
SEC. 118. CONVEYANCE.
Notwithstanding section 1302(h)(2) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on
title to land, and to clarify land ownership patterns in the Coastal
Plain, the Secretary shall--
(1) to the extent necessary to fulfill the entitlement of
the Kaktovik Inupiat Corporation under sections 12 and 14 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613),
as determined by the Secretary, convey to that Corporation the
surface estate of the land described in paragraph (1) of Public
Land Order 6959, in accordance with the terms and conditions of
the agreement between the Secretary, the United States Fish and
Wildlife Service, the Bureau of Land Management, and the
Kaktovik Inupiat Corporation, dated January 22, 1993; and
(2) convey to the Arctic Slope Regional Corporation the
remaining subsurface estate to which that Corporation is
entitled under the agreement between that corporation and the
United States, dated August 9, 1983.
SEC. 119. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Establishment of Fund.--
(1) In general.--As a condition on the receipt of funds
under section 120(1), the State of Alaska shall establish in
the treasury of the State, and administer in accordance with
this section, a fund to be known as the ``Coastal Plain Local
Government Impact Aid Assistance Fund'' (referred to in this
section as the ``Fund'').
(2) Deposits.--Subject to paragraph (1), the Secretary of
the Treasury shall deposit into the Fund, $35,000,000 each year
from the amount available under section 120(1).
(3) Investment.--The Governor of the State of Alaska
(referred to in this section as the ``Governor'') shall invest
amounts in the Fund in interest-bearing securities of the
United States or the State of Alaska.
(b) Assistance.--The Governor, in cooperation with the Mayor of the
North Slope Borough, shall use amounts in the Fund to provide
assistance to North Slope Borough, Alaska, the City of Kaktovik,
Alaska, 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, or any Alaska Native Regional Corporation acting
on behalf of the villages and communities within its region whose land
lies along the right of way of the Trans Alaska Pipeline System, as
determined by the Governor.
(c) Application.--
(1) In general.--To receive assistance under subsection
(b), a community or Regional Corporation described in that
subsection shall submit to the Governor, or to the Mayor of the
North Slope Borough, an application in such time, in such
manner, and containing such information as the Governor may
require.
(2) Action by north slope borough.--The Mayor of the North
Slope Borough shall submit to the Governor each application
received under paragraph (1) as soon as practicable after the
date on which the application is received.
(3) Assistance of governor.--The Governor shall assist
communities in submitting applications under this subsection,
to the maximum extent practicable.
(d) Use of Funds.--A community or Regional Corporation that
receives funds under subsection (b) may use the funds--
(1) to plan for mitigation, implement a mitigation plan, or
maintain a mitigation project to address the potential effects
of oil and gas exploration and development on environmental,
social, cultural, recreational, and subsistence resources of
the community;
(2) to develop, carry out, and maintain--
(A) a project to provide new or expanded public
facilities; or
(B) services to address the needs and problems
associated with the effects described in paragraph (1),
including firefighting, police, water and waste
treatment, first responder, and other medical services;
(3) to compensate residents of the Coastal Plain for
significant damage to environmental, social, cultural,
recreational, or subsistence resources; and
(4) in the City of Kaktovik, Alaska--
(A) to develop a mechanism for providing members of
the Kaktovikmiut Inupiat community an opportunity to--
(i) monitor development on the Coastal
Plain; and
(ii) provide information and
recommendations to the Governor based on
traditional aboriginal knowledge of the natural
resources, flora, fauna, and ecological
processes of the Coastal Plain; and
(B) to establish a local coordination office, to be
managed by the Mayor of the North Slope Borough, in
coordination with the City of Kaktovik, Alaska--
(i) to coordinate with and advise
developers on local conditions and the history
of areas affected by development;
(ii) to provide to the Committee on
Resources of the House of Representatives and
the Committee on Energy and Natural Resources
of the Senate annual reports on the status of
the coordination between developers and
communities affected by development;
(iii) to collect from residents of the
Coastal Plain information regarding the impacts
of development on fish, wildlife, habitats,
subsistence resources, and the environment of
the Coastal Plain; and
(iv) to ensure that the information
collected under clause (iii) is submitted to--
(I) developers; and
(II) any appropriate Federal
agency.
SEC. 120. ALLOCATION OF REVENUES.
Notwithstanding the Mineral Leasing Act (30 U.S.C. 181 et seq.) or
any other provision of law, of the adjusted bonus, rental, and royalty
receipts from Federal oil and gas leasing and operations authorized
under this subtitle:
(1) 27 percent shall be disbursed to the State of Alaska.
(2) 25 percent shall be deposited in the Conservation
Reserve Account established by section 201(a)(1).
(3) 25 percent shall be deposited in the Renewable Energy
Reserve Account established by section 201(a)(2).
(4) 20 percent shall be deposited in the general fund of
the Treasury of the United States for debt reduction.
(5) 3 percent shall be available to the Secretary of Health
and Human Services for carrying out the low-income home energy
assistance program established under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
Subtitle C--Oil Shale
SEC. 131. REMOVAL OF PROHIBITION ON FINAL REGULATIONS FOR COMMERCIAL
LEASING PROGRAM FOR OIL SHALE RESOURCES ON PUBLIC LAND.
Section 433 of the Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121
Stat. 2152) is repealed.
TITLE II--ALTERNATIVE ENERGY AND CONSERVATION
Subtitle A--Conservation Reserve and Renewable Energy Reserve Accounts
SEC. 201. CONSERVATION RESERVE AND RENEWABLE ENERGY RESERVE ACCOUNTS.
(a) In General.--For budgetary purposes, there are established in
the Treasury of the United States as separate accounts--
(1) the Conservation Reserve Account, to offset the cost of
legislation enacted on or after the date of enactment of this
Act for conservation programs (including weatherization) and
conservation tax credits and deductions for energy efficiency
in the residential, commercial, industrial, and public sectors
(including conservation districts); and
(2) the Renewable Energy Reserve Account, to offset the
cost of legislation enacted on or after the date of enactment
of this Act--
(A) to accelerate the use of cleaner domestic
energy resources and alternative fuels;
(B) to promote the use of energy-efficient products
and practices; and
(C) to increase research, development, and
deployment of clean renewable energy and efficiency
technologies and job training programs for those
purposes.
(b) Procedure for Adjustments.--
(1) Budget committee chairman.--After the reporting of a
bill or joint resolution, or the offering of an amendment or
the submission of a conference report for a bill or joint
resolution, that provides funding for the purposes described in
paragraph (1) or (2) of subsection (a) in excess of the amount
of the deposits under this Act or an amendment made by this Act
for those purposes for fiscal year 2009, the chairman of the
Committee on the Budget of the applicable House of Congress
shall make the adjustments described in paragraph (2) for the
amount of new budget authority and outlays in that measure and
the outlays resulting from the budget authority.
(2) Matters to be adjusted.--The adjustments referred to in
paragraph (1) shall be made to--
(A) the discretionary spending limits, if any,
specified in the appropriate concurrent resolution on
the budget;
(B) the allocations made pursuant to the
appropriate concurrent resolution on the budget
pursuant to section 302(a) of the Congressional Budget
Act of 1974 (2 U.S.C. 633(a)); and
(C) the budget aggregates contained in the
appropriate concurrent resolution on the budget as
required by section 301(a) of the Congressional Budget
Act of 1974 (2 U.S.C. 632(a)).
(3) Amounts of adjustments.--The adjustments referred to in
paragraphs (1) and (2) shall not exceed the receipts estimated
by the Congressional Budget Office that are attributable to
this Act and the amendments made by this Act for the fiscal
year in which the adjustments are made.
(c) Consultation.--Legislation shall not be treated as legislation
referred to in subsection (a) unless any expenditure under the
legislation for a purpose referred to in that subsection may be made
only after consultation with (as appropriate)--
(1) the Administrator of the Environmental Protection
Agency;
(2) the Administrator of the National Oceanic and
Atmospheric Administration;
(3) the Secretary of the Army, acting through the Corps of
Engineers; and
(4) the Secretary of State.
(d) Maintenance of Effort by States.--The Secretary of the
Interior, the Secretary of Health and Human Services, the Secretary of
Energy, and any other Federal official with authority to implement
legislation referred to in subsection (a) shall ensure that financial
assistance provided to a State under the legislation for any purpose
with amounts made available under this section or in any legislation
with respect to which subsection (a) applies supplements, and does not
replace, the amounts expended by the State for that purpose before the
date of enactment of this Act.
Subtitle B--Department of Defense Facilitation of Secure Domestic Fuel
Development
SEC. 211. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.
Section 526 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17142) is repealed.
<all>