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Restore America Act of 2011

H.R. 3302, Introduced in House on by Rep. Thomas Rooney (R-FL)
Recent activity
  • Nov 29, 2011 — Referred to the Subcommittee on Energy and Mineral Resources.
  • Nov 18, 2011 — Referred to the Subcommittee on Higher Education and Workforce Training.
  • Nov 4, 2011 — Referred to the Subcommittee on Energy and Power.
  • Nov 1, 2011 — Referred to House Education and the Workforce
  • Nov 1, 2011 — Referred to House Rules
  • Nov 1, 2011 — Referred to House Energy and Commerce
  • Nov 1, 2011 — Referred to House Oversight and Government Reform
  • Nov 1, 2011 — Referred to House Judiciary
  • Nov 1, 2011 — Referred to House Natural Resources
  • Nov 1, 2011 — Referred to House Ways and Means
  • Nov 1, 2011 — 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 concerned.
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Full Text Below is a simple rendition of Congress' official bill text.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Restore America Act of 2011.
(b)Table of contents
Sec. 1. Short title; table of contents.
Title I—Energy
Sec. 100. Findings.
Subtitle A—Outer Continental Shelf
Sec. 101. Leasing program considered approved.
Sec. 102. Outer Continental Shelf lease sales.
Sec. 103. Definitions under the Outer Continental Shelf Lands Act.
Sec. 104. Determination of Adjacent Zones and OCS Planning Areas.
Sec. 105. Grant of leases by Secretary.
Sec. 106. Disposition of receipts.
Sec. 107. Outer Continental Shelf leasing program.
Sec. 108. Coordination with Adjacent States.
Sec. 109. Environmental studies.
Sec. 110. Seaward boundaries of States.
Sec. 111. Outer Continental Shelf incompatible use.
Sec. 112. Repurchase of certain leases.
Sec. 113. Offsite environmental mitigation.
Subtitle B—Arctic National Wildlife Refuge
Sec. 121. Definitions.
Sec. 122. Leasing program for lands within the Coastal Plain.
Sec. 123. Lease sales.
Sec. 124. Grant of leases by the Secretary.
Sec. 125. Lease terms and conditions.
Sec. 126. Coastal Plain environmental protection.
Sec. 127. Expedited judicial review.
Sec. 128. Federal and State distribution of revenues.
Sec. 129. Rights-of-way across the Coastal Plain.
Sec. 130. Conveyance.
Sec. 131. Local government impact aid and community service assistance.
Subtitle C—Oil shale
Sec. 141. Oil shale.
Subtitle D—Coal-to-Liquid
Sec. 151. Definitions relating to coal-to-liquid fuel and facilities.
Sec. 152. Repeal.
Subtitle E—Nuclear
Sec. 161. Findings and policy.
Sec. 162. 200 operating permits by 2040.
Sec. 163. Repeal of Office of Civilian Radioactive Waste Management.
Sec. 164. Radiological material repository.
Sec. 165. Independent radiological material management.
Sec. 166. Spent nuclear fuel recycling.
Sec. 167. Nuclear fuel supply reserve.
Sec. 168. Public health and safety.
Sec. 169. Streamlining Combined Construction and Operating License.
Sec. 170. Reactor design certification.
Sec. 171. Technology-neutral plant design specifications.
Sec. 172. Next Generation Nuclear Plant.
Sec. 173. Uranium mining on Federal lands.
Sec. 174. Small and modular reactor licensing.
Sec. 175. Limitation on regulatory time frame.
Sec. 176. Definition.
Title II—Regulatory reform
Sec. 201. Purpose.
Sec. 202. Congressional review of agency rulemaking.
Title III—Tax reform
Sec. 301. Reduction in corporate income tax rates.
Sec. 302. 2003 tax reductions on domestic dividends made permanent.
Sec. 303. Small business expensing for small business made permanent.
Sec. 304. Permanent extension of estate tax relief.
Sec. 305. Additional savings.
Title IV—Workforce investment
Sec. 401. Sense of Congress regarding the need to reauthorize the Workforce Investment Act of 1998.
IEnergy
100.FindingsThe Congress finds the following:
(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.
(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.
(3)Development of domestic oil and gas resources can be accomplished in a safe and environmentally responsible manner.
AOuter Continental Shelf
101.Leasing program considered approved
(a)In generalThe 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 (43 U.S.C. 1344), is considered to have been approved by the Secretary as a final oil and gas leasing program under that section, and is considered to be in full compliance with and in accordance with all requirements of the Outer Continental Shelf Lands Act, National Environmental Policy Act of 1969, Endangered Species Act of 1973, Clean Air Act, Marine Mammal Protection Act of 1972, Oil Pollution Act of 1990, and all other applicable laws.
(b)Final environmental impact statementThe 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 (42 U.S.C. 4332(2)(C)), and all other applicable laws.
102.Outer Continental Shelf lease sales
(a)In generalExcept 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.
(b)Subsequent determinations and salesIf 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—
(1)reevaluate whether there is commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the area; and
(2)if the Secretary determines that there is a commercial interest described in paragraph (1), conduct a lease sale in the area.
103.Definitions under the Outer Continental Shelf Lands ActSection 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended—
(1)in the matter preceding subsection (a), by striking When used in this Act— and inserting In this Act:;
(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;
(3)by amending subsection (f) to read as follows:
(f)The term affected State means the Adjacent State.
;
(4)by striking the semicolon at the end of each of subsections (a) through (o) and inserting a period;
(5)by striking ; and at the end of subsection (p) and inserting a period; and
(6)by adding at the end the following:
(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.
(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.
(t)The term miles means statute miles.
(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)).
.
104.Determination of Adjacent Zones and OCS Planning AreasSection 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the first sentence by striking , and the President and all that follows through the end of the sentence and inserting the following: . The lines extending seaward and defining each State’s Adjacent Zone, and each OCS Planning Area, are as indicated on the maps for each outer Continental Shelf region entitled Alaska OCS Region State Adjacent Zone and OCS Planning Areas, Pacific OCS Region State Adjacent Zones and OCS Planning Areas, Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas, and Atlantic OCS Region State Adjacent Zones and OCS Planning Areas, all of which are dated September 2005 and on file in the Office of the Director, Bureau of Ocean Energy Management, Regulation and Enforcement..
105.Grant of leases by SecretarySection 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended—
(1)by adding at the end of subsection (b) the following:
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. ;
(2)by amending subsection (p)(2)(B) to read as follows:
(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.
;
(3)by adding at the end the following:
(q)Removal of restrictions on joint bidding in certain areas of the outer continental shelfRestrictions 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.
(r)Conservation of resources feesNot 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.
;
(4)by striking subsection (a)(3)(A) and redesignating the subsequent subparagraphs as subparagraphs (A) and (B), respectively;
(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; and
(6)effective January 1, 2012, in subsection (g)—
(A)by striking all after (g), except paragraph (3);
(B)by striking the last sentence of paragraph (3); and
(C)by striking (3).
106.Disposition of receiptsSection 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended—
(1)by designating the existing text as subsection (a);
(2)in subsection (a) (as so designated) by inserting , if not paid as otherwise provided in this title after receipts; and
(3)by adding the following:
(b)Treatment of OCS Receipts From Tracts Completely Within 100 Miles of the Coastline
(1)DepositThe 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).
(2)Phased-in receipts sharing
(A)Beginning January 1, 2012, the Secretary shall share OCS Receipts derived from the following areas:
(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.
(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.
(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.
(B)The Secretary shall share the following percentages of OCS Receipts from the leases described in subparagraph (A) derived during the fiscal year indicated:
(i)For fiscal year 2012, 5 percent.
(ii)For fiscal year 2013, 8 percent.
(iii)For fiscal year 2014, 11 percent.
(iv)For fiscal year 2015, 14 percent.
(v)For fiscal year 2016, 17 percent.
(vi)For fiscal year 2017, 20 percent.
(vii)For fiscal year 2018, 23 percent.
(viii)For fiscal year 2019, 26 percent.
(ix)For fiscal year 2020, 29 percent.
(x)For fiscal year 2021, 32 percent.
(xi)For fiscal year 2022, 35 percent.
(xii)For fiscal year 2023 and each subsequent fiscal year, 37.5 percent.
(3)Immediate receipts sharingBeginning 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.
(4)Receipts sharing from tracts within 4 marine leagues of any coastline
(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.
(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).
(5)AllocationsThe 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:
(A)Bonus bidsDeposits 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.
(B)RoyaltiesDeposits 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—
(i)one-third to the Adjacent State; and
(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.
(c)Treatment of OCS Receipts From Tracts Partially or Completely Beyond 100 Miles of the Coastline
(1)DepositThe 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).
(2)Phased-in receipts sharing
(A)Beginning January 1, 2012, the Secretary shall share OCS Receipts derived from the following areas:
(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.
(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.
(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.
(B)The Secretary shall share the following percentages of OCS Receipts from the leases described in subparagraph (A) derived during the fiscal year indicated:
(i)For fiscal year 2012, 5 percent.
(ii)For fiscal year 2013, 8 percent.
(iii)For fiscal year 2014, 11 percent.
(iv)For fiscal year 2015, 14 percent.
(v)For fiscal year 2016, 17 percent.
(vi)For fiscal year 2017, 20 percent.
(vii)For fiscal year 2018, 23 percent.
(viii)For fiscal year 2019, 26 percent.
(ix)For fiscal year 2020, 29 percent.
(x)For fiscal year 2021, 32 percent.
(xi)For fiscal year 2022, 35 percent.
(xii)For fiscal year 2023 and each subsequent fiscal year, 37.5 percent.
(3)Immediate receipts sharingBeginning 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.
(4)AllocationsThe 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:
(A)Bonus bidsDeposits 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.
(B)RoyaltiesDeposits 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—
(i)one-third to the Adjacent State; and
(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.
(d)Transmission of AllocationsNot 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.
(e)Effect of future lawsEnactment 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.
(f)DefinitionsIn this section:
(1)Bonus bidsThe term bonus bids means all funds received by the Secretary to issue an outer Continental Shelf minerals lease.
(2)RoyaltiesThe 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.
(3)Producing stateThe term producing State means an Adjacent State having an Adjacent Zone containing leased tracts from which OCS Receipts were derived.
(4)OCS receiptsThe term OCS Receipts means bonus bids, royalties, and conservation of resources fees.
.
107.Outer Continental Shelf leasing programSection 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended—
(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.;
(2)in subsection (c), by striking so much as precedes paragraph (3) and inserting the following:
(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.
(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.
; and
(3)by adding at the end the following:
(i)Projection of State Adjacent Zone resources and State and local government shares of OCS receiptsConcurrent 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—
(1)provide to each Adjacent State a current estimate of proven and potential oil and gas resources located within the State’s Adjacent Zone; and
(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.
.
108.Coordination with Adjacent StatesSection 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 1345) is amended—
(1)in subsection (a) in the first sentence by inserting , for any tract located within the Adjacent State’s Adjacent Zone, after government; and
(2)by adding at the end the following:
(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.
(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.
.
109.Environmental studiesSection 20(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1346(d)) is amended—
(1)by inserting (1) after (d); and
(2)by adding at the end the following:
(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:
(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.
(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.
(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.
(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.
.
110.Seaward boundaries of StatesSection 4 of the Submerged Lands Act (43 U.S.C. 1312) is amended—
(1)in the first sentence by striking original, and in the same sentence by striking three geographical and inserting twelve nautical; and
(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..
111.Outer Continental Shelf incompatible use
(a)In generalNo 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).
(b)ExceptionsSubsection (a) shall not apply to any facility, transportation corridor, or operating area the construction, operation, designation, or maintenance of which is or will be—
(1)located in an area of the outer Continental Shelf that is unavailable for oil and gas leasing by operation of law;
(2)used for a military readiness activity (as defined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note); or
(3)required in the national interest, as determined by the President.
112.Repurchase of certain leases
(a)Authority To repurchase and cancel certain leasesThe 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.
(b)RegulationsNot 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.
(c)No prejudiceThis section shall not be interpreted to prejudice any other rights that the lessee would have in the absence of this section.
113.Offsite environmental mitigationNotwithstanding any other provision of law, any person conducting activities under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.), the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), the Act of March 1, 1911 (commonly known as the Weeks Law) (36 Stat. 961; ch. 186), the Act of May 10, 1872 (commonly known as the General Mining Act of 1872) (17 Stat. 91; 30 U.S.C. 22 et seq.), the Act of July 31, 1947 (commonly known as the Materials Act of 1947) (61 Stat. 681; 30 U.S.C. 601 et seq.), or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), may in satisfying any mitigation requirements associated with such activities propose mitigation measures on a site away from the area impacted, and the Secretary of the Interior shall accept these proposed measures if the Secretary finds that they generally achieve the purposes for which mitigation measures appertained.
BArctic National Wildlife Refuge
121.DefinitionsIn this subtitle:
(1)Coastal PlainThe term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.
(2)SecretaryThe term Secretary, except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee.
122.Leasing program for lands within the Coastal Plain
(a)In generalThe 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)RepealSection 1003 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3143) is repealed.
(2)Conforming amendmentThe 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.
(c)Compliance with requirements under certain other laws
(1)CompatibilityFor 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 statementThe Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain 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)) 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 actionsBefore 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.
(d)Relationship to State and local authorityNothing in this subtitle shall be considered to expand or limit State or local regulatory authority.
(e)Special areas
(1)In generalThe 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)ManagementEach 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 occupancyThe 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.
(4)Directional drillingNotwithstanding 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 areasThe 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.
(g)Regulations
(1)In generalThe 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.
(2)Revision of regulationsThe 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.
123.Lease sales
(a)In generalLands 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)ProceduresThe 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 bidsBidding for leases under this subtitle shall be by sealed competitive cash bonus bids.
(d)Acreage minimum in first saleIn 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 salesThe Secretary shall—
(1)conduct the first lease sale under this subtitle not later than 22 months after the date of the enactment of this Act;
(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; and
(3)conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales.
124.Grant of leases by the Secretary
(a)In generalThe 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.
(b)Subsequent transfersNo 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.
125.Lease terms and conditionsAn oil or gas lease issued pursuant to this subtitle shall—
(1)provide for the payment of a royalty of not less than 12½ 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)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;
(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;
(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;
(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;
(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;
(7)prohibit the export of oil produced under the lease; and
(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.
126.Coastal Plain environmental protection
(a)No significant adverse effect standard To govern authorized Coastal Plain activitiesThe 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—
(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 mitigationThe Secretary shall also require, with respect to any proposed drilling and related activities, that—
(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;
(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; and
(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.
(c)Regulations To protect coastal plain fish and wildlife resources, subsistence users, and the environmentBefore 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 requirementsThe 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)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.
(4)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.
(5)Prohibitions on general public access and use on all pipeline access and service roads.
(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.
(7)Appropriate prohibitions or restrictions on access by all modes of transportation.
(8)Appropriate prohibitions or restrictions on sand and gravel extraction.
(9)Consolidation of facility siting.
(10)Appropriate prohibitions or restrictions on use of explosives.
(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.
(12)Avoidance or minimization of air traffic-related disturbance to fish and wildlife.
(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.
(14)Fuel storage and oil spill contingency planning.
(15)Research, monitoring, and reporting requirements.
(16)Field crew environmental briefings.
(17)Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.
(18)Compliance with applicable air and water quality standards.
(19)Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.
(20)Reasonable stipulations for protection of cultural and archeological resources.
(21)All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.
(e)ConsiderationsIn 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 generalThe 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)ObjectivesThe 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 landsThe Secretary shall—
(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 (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.
127.Expedited judicial review
(a)Filing of complaint
(1)DeadlineSubject 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 60-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 60 days after the complainant knew or reasonably should have known of the grounds for the complaint.
(2)VenueAny 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.
(3)Limitation on scope of certain reviewJudicial 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 reviewActions 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.
128.Federal and State distribution of revenues
(a)In generalNotwithstanding 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)50 percent shall be paid to the State of Alaska; and
(2)except as provided in section 131(d), the balance shall be deposited in the Treasury.
(b)Payments to AlaskaPayments to the State of Alaska under this section shall be made semiannually.
129.Rights-of-way across the Coastal Plain
(a)In generalThe 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 conditionsThe 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)RegulationsThe 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.
130.ConveyanceIn 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.
131.Local government impact aid and community service assistance
(a)Financial assistance authorized
(1)In generalThe 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 entitiesThe 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 assistanceFinancial 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 firefighting, 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 generalAny 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 communitiesA 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 assistanceThe 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 generalThere is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund.
(2)UseAmounts in the fund may be used only for providing financial assistance under this section.
(3)DepositsSubject 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.
(4)Limitation on depositsThe total amount in the fund may not exceed $11,000,000.
(5)Investment of balancesThe Secretary of the Treasury shall invest amounts in the fund in interest-bearing government securities.
(e)Authorization of appropriationsTo 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.
COil shale
141.Oil shale
(a)FindingsThe Congress finds the following:
(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.
(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.
(3)The development of oil shale for research and commercial development should be conducted in an environmentally sound manner, using practices that minimize impacts.
(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.
(5)Oil shale is one of the best resources available for advancing American technology and creating American jobs.
(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.
(b)Additional research and development lease salesThe 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).
(c)Application of regulationsThe 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.
(d)Reduced payments To ensure productionThe 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.
DCoal-to-Liquid
151.Definitions relating to coal-to-liquid fuel and facilitiesFor purposes of this subtitle:
(1)Coal-to-liquid fuelThe term coal-to-liquid fuel means any transportation-grade liquid fuel derived primarily from coal (including peat).
(2)Qualified coal-to-liquid facilityThe 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).
152.RepealSection 526 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17142) is repealed.
ENuclear
161.Findings and policy
(a)FindingsThe Congress finds that—
(1)nuclear power is a safe, reliable, efficient, and affordable source of energy;
(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;
(3)nuclear power plants virtually eliminate emissions of greenhouse gases and criteria pollutants associated with acid rain, smog, or ozone;
(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;
(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;
(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;
(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;
(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;
(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;
(10)the Congress reaffirmed Yucca Mountain as the sole candidate site for a geologic repository in 2001;
(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; and
(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.
(b)Statement of policyIt 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.
162.200 operating permits by 2040Subject 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.
163.Repeal of Office of Civilian Radioactive Waste ManagementSection 304 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10224) is repealed.
164.Radiological material repository
(a)Repository requiredThe Federal Government shall site and permit at least one radiological material geologic repository for the disposal of radiological material.
(b)Yucca Mountain
(1)In generalThe 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.
(2)ApplicationThe 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.
(3)Deadlines
(A)Suitability determinationNot 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).
(B)Action on applicationNot later than 180 days after the enactment of this Act, the Nuclear Regulatory Commission shall approve or deny the application under paragraph (2).
(4)Limitations on amount of radiological materialAll 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.
(c)Alternative repository
(1)In generalShould 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.
(2)Action on applicationNot 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.
(3)Further application submissionsIf 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.
(4)RequirementsFor the purposes of this subtitle and the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), an alternative repository permitted under this subsection shall be subject to the same requirements as Yucca Mountain.
165.Independent radiological material management
(a)ReportNot 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:
(1)The feasibility of establishing an independent radiological material management program that would meet the guidelines in subsection (b).
(2)Legislative and regulatory action necessary to phase out the fee structure contained in section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) in order to allow a fee structure described in subsection (b)(5)(F) to be implemented if a program meeting the guidelines in subsection (b) is established.
(b)Guidelines
(1)In generalUnder 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.
(2)Eligible entityFor 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.
(3)Application contentsThe 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:
(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).
(B)Such other materials as the Secretary may require.
(4)Transfer of controlThe 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.
(5)ResponsibilitiesThe Secretary may require an eligible entity awarded a contract under a program established in accordance with this subsection to be responsible for the following:
(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.
(B)Seeking all other necessary regulatory approvals and permits to construct and operate the Yucca Mountain repository.
(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.
(D)Radiological material repository operations.
(E)Undertaking all infrastructure activities necessary to support the construction or operation of the repository or transportation to the site of radiological material, including—
(i)safety upgrades;
(ii)site preparation;
(iii)construction of a rail line to connect the repository site with the national rail network, including any facilities to facilitate rail operations; and
(iv)construction, upgrade, acquisition, or operation of electrical grids or facilities, other utilities, communication facilities, access roads, rail lines, and nonnuclear support facilities.
(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—
(i)volume;
(ii)toxicity;
(iii)heat load; and
(iv)repository operation costs.
(c)Congressional authorization requiredThe 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.
166.Spent nuclear fuel recycling
(a)ProhibitionThe President is prohibited from blocking or hindering spent nuclear fuel recycling activities.
(b)Rulemaking for licensing of spent nuclear fuel recycling facilitiesNot 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.
167.Nuclear fuel supply reserve
(a)InventoryThe 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.
(b)Establishment of reserveThe 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.
(c)PlanThe Secretary shall transmit to the Congress a long-term plan for introducing nuclear fuel supplies from the reserve into the market.
168.Public health and safetyNothing 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.
169.Streamlining Combined Construction and Operating License
(a)In generalThe Nuclear Regulatory Commission shall establish and implement an expedited procedure for issuing a Combined Construction and Operating License.
(b)QualificationsTo qualify for the expedited procedure under this section, an applicant shall—
(1)apply for construction of a reactor based on a design certified (or provisionally certified under section 170) by the Nuclear Regulatory Commission;
(2)construct the new reactor on or adjacent to a site where an operating nuclear power plant already exists;
(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; and
(4)submit a complete Combined Construction and Operating License application that is docketed by the Commission.
(c)Expedited procedureWith 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:
(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.
(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.
(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.
(4)Make a final decision on whether to issue the Combined Construction and Operating License not later than 25 months after docketing the application.
(d)GoalsThe 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.
170.Reactor design certification
(a)Provisional certification
(1)AuthorityThe Nuclear Regulatory Commission may provide to an applicant a provisional certification of a proposed nuclear reactor design.
(2)Effect of provisional certificationApproval 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.
(3)Timing
(A)In generalExcept 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.
(B)ExtensionThe Nuclear Regulatory Commission may extend the time period under subparagraph (A) for an additional 30 days if necessary to enable certification.
(4)CriteriaIn determining whether to approve a provisional certification application under this subsection, the Nuclear Regulatory Commission shall consider whether the proposed design—
(A)is based on existing and commercially proven technology;
(B)has been approved by internationally recognized regulators; and
(C)is safely operating or under construction in other nations.
(5)Supplemental informationAn 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.
(b)Expedited certification processNot 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.
171.Technology-neutral plant design specificationsNot 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.
172.Next Generation Nuclear PlantThe 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 (42 U.S.C. 16024), with the purpose of reevaluating and significantly accelerating the Next Generation Nuclear Power Plant schedule. Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Congress a report including a revised schedule and funding requirements that would allow for program completion as near as is possible to the date that is 5 years after the date of enactment of this Act.
173.Uranium mining on Federal landsThe Secretary of the Interior may not use the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) to prevent uranium mining from taking place on Federal lands unless the Secretary makes findings explaining the reason for such prevention. No Federal agency may collect additional leasing fees that have not been authorized to be collected before the date of enactment of this Act to mine uranium on Federal lands. Any fees collected in association with commercial uranium mining on Federal lands that should be applied for remediation purposes shall only be applied to the remediation of sites that incurred damage as a result of commercial nuclear activities. Such fees shall not be applied to the remediation of any sites that incurred damage as a result of Government or Government-sponsored activities.
174.Small and modular reactor licensing
(a)ReportNot 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.
(b)RegulationsNot 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).
175.Limitation on regulatory time frameIn establishing standards for or otherwise regulating the storage of radioactive material under section 121(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(a)) or any other Federal law, the Administrator of the Environmental Protection Agency may not consider environmental effects that could occur more than 10,000 years after the date of such regulatory action.
176.DefinitionIn 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 (42 U.S.C. 10101), but not including low-level radiological material as that term is defined in such section.
IIRegulatory reform
201.PurposeThe 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.
202.Congressional review of agency rulemakingChapter 8 of title 5, United States Code, is amended to read as follows:
8Congressional Review of Agency Rulemaking
Sec.
801. Congressional review.
802. Congressional approval procedure for major rules.
803. Congressional disapproval procedure for nonmajor rules.
804. Definitions.
805. Judicial review.
806. Exemption for monetary policy.
807. Effective date of certain rules.
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—
(i)a copy of the rule;
(ii)a concise general statement relating to the rule;
(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);
(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; and
(v)the proposed effective date of the rule.
(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—
(i)a complete copy of the cost-benefit analysis of the rule, if any;
(ii)the agency’s actions pursuant to title 5 of the United States Code, sections 603, 604, 605, 607, and 609;
(iii)the agency’s actions pursuant to title 2 of the United States Code, sections 1532, 1533, 1534, and 1535; and
(iv)any other relevant information or requirements under any other Act and any relevant Executive orders.
(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.
(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).
(B)Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A).
(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.
(4)A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1).
(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.
(b)
(1)A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802.
(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.
(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.
(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—
(A)necessary because of an imminent threat to health or safety or other emergency;
(B)necessary for the enforcement of criminal laws;
(C)necessary for national security; or
(D)issued pursuant to any statute implementing an international trade agreement.
(3)An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802.
(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—
(A)in the case of the Senate, 60 session days, or
(B)in the case of the House of Representatives, 60 legislative days,
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.
(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—
(i)such rule were published in the Federal Register on— (I)in the case of the Senate, the 15th session day, or (II)in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and
(ii)a report on such rule were submitted to Congress under subsection (a)(1) on such date.
(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.
(3)A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).
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 _ _ relating to _ _. (The blank spaces being appropriately filled in).
(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).
(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).
(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.
(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).
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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—
(1)the procedure in that House shall be the same as if no joint resolution had been received from the other House; but
(2)the vote on final passage shall be on the joint resolution of the other House.
(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.
(h)This section and section 803 are enacted by Congress—
(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; and
(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.
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 _ _ relating to _ _, and such rule shall have no force or effect. (The blank spaces being appropriately filled in).
(b)
(1)A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.
(2)For purposes of this section, the term submission or publication date means the later of the date on which—
(A)the Congress receives the report submitted under section 801(a)(1); or
(B)the nonmajor rule is published in the Federal Register, if so published.
(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.
(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.
(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.
(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.
(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.
(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—
(1)after the expiration of the 60 session days beginning with the applicable submission or publication date, or
(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.
(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:
(1)The joint resolution of the other House shall not be referred to a committee.
(2)With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution—
(A)the procedure in that House shall be the same as if no joint resolution had been received from the other House; but
(B)the vote on final passage shall be on the joint resolution of the other House.
804.DefinitionsFor purposes of this chapter—
(1)The term Federal agency means any agency as that term is defined in section 551(1).
(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—
(A)an annual effect on the economy of $100,000,000 or more;
(B)a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or
(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.
(3)The term nonmajor rule means any rule that is not a major rule.
(4)The term rule has the meaning given such term in section 551, except that such term does not include—
(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;
(B)any rule relating to agency management or personnel; or
(C)any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.
805.Judicial review
(a)No determination, finding, action, or omission under this chapter shall be subject to judicial review.
(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.
806.Exemption for monetary policyNothing 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.
807.Effective date of certain rulesNotwithstanding section 801—
(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; or
(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,
shall take effect at such time as the Federal agency promulgating the rule determines..
IIITax reform
301.Reduction in corporate income tax rates
(a)In generalParagraph (1) of section 11(b) of the Internal Revenue Code of 1986 is amended to read as follows:
(1)Rates of tax
(A)In generalExcept as otherwise provided in this paragraph, the amount of the tax imposed by subsection (a) shall be the sum of—
(i)15 percent of so much of the taxable income as does not exceed $50,000, and
(ii)25 percent of so much of the taxable income as exceeds $50,000.
(B)Special rules for 2011In the case of any taxable year beginning in 2011, the amount of the tax imposed by subsection (a) shall be the sum of—
(i)15 percent of so much of the taxable income as does not exceed $50,000, and
(ii)25 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000, and
(iii)30 percent of so much of the taxable income as exceeds $75,000.
.
(b)Conforming amendments
(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).
(2)Section 280C(c)(3)(B)(ii)(II) of such Code is amended by inserting in effect after maximum rate of tax.
(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)).
(4)Section 1201(a) of such Code is amended—
(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), and
(B)by striking 35 percent in paragraph (2) and inserting the maximum rate of tax in effect under section 11(b)(1).
(5)Section 1561(a) of such Code is amended by striking the fourth sentence.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2010.
302.2003 tax reductions on domestic dividends made permanentEffective for taxable years beginning after December 31, 2011, section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is hereby repealed.
303.Small business expensing for small business made permanent
(a)In generalParagraph (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..
(b)Threshold for reduction in limitationParagraph (2) of section 179(b) of such Code is amended by striking exceed— and inserting exceed $2,000,000..
(c)Inflation adjustmentsSection 179(b)(6) of such Code is amended—
(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), and
(2)in subparagraph (A)(ii) by striking 2006 and inserting 2011.
(d)Revocation of electionSection 179(c)(2) of such Code is amended by striking and before 2013.
(e)Computer softwareSection 179(d)(1)(A)(ii) of such Code is amended by striking and before 2012.
(f)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act.
304.Permanent extension of estate tax relief
(a)In generalSection 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.
(b)Conforming amendmentThe Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is amended by striking section 304.
(c)Effective dateSubsection (a) and the amendments made by subsection (b) shall apply to years beginning after December 31, 2012.
305.Additional savingsThe 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—
(1)simplify the Internal Revenue Code of 1986 for individuals and businesses to reduce the burden of compliance;
(2)eliminate deductions that unjustly benefit corporations and special interests (and report out the savings resulting from these eliminations); and
(3)consider proposals that will disincentivize and eliminate tax shelters.
IVWorkforce investment
401.Sense of Congress regarding the need to reauthorize the Workforce Investment Act of 1998It is the sense of Congress that Congress should urgently reauthorize the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) in order to—
(1)improve and expand the job training and other employment-related programs under the Act; and
(2)modernize such programs to better train workers for the highly skilled jobs in the modern economy.