H.R. 1023 (112th): No More Excuses Energy Act of 2011

112th Congress, 2011–2013. Text as of Mar 10, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

1st Session

H. R. 1023

IN THE HOUSE OF REPRESENTATIVES

March 10, 2011

introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Ways and Means and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To secure unrestricted reliable energy for American consumption and transmission.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the No More Excuses Energy Act of 2011.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—Refineries

Sec. 102. Tax-exempt financing of domestic use oil refinery facilities.

Sec. 103. Designation and availability of Federal lands for oil and natural gas refineries.

Title II—Alternative Energy

Sec. 201. Extension of credit for electricity produced from certain renewable resources.

Sec. 202. Equalization of excise tax on liquefied natural gas and per energy equivalent of diesel.

Sec. 203. Extension of alternative fuel credit.

Title III—Nuclear Energy

Sec. 301. Waste Confidence.

Sec. 302. ASME Nuclear Certification credit.

Title IV—Drilling

Subtitle A—Tax provisions

Sec. 401. Credit for producing fuel from nonconventional sources to apply to gas produced onshore from formations more than 15,000 feet deep.

Sec. 402. Repeal of minimum capture requirement for carbon dioxide sequestration credit.

Subtitle B—Oil and gas development on the Coastal Plain of Alaska

Sec. 411. Short title.

Sec. 412. Definitions.

Sec. 413. Leasing program for lands within the Coastal Plain.

Sec. 414. Lease sales.

Sec. 415. Grant of leases by the Secretary.

Sec. 416. Lease terms and conditions.

Sec. 417. Coastal plain environmental protection.

Sec. 418. Expedited judicial review.

Sec. 419. Federal and State distribution of revenues.

Sec. 420. Rights-of-way across the Coastal Plain.

Sec. 421. Conveyance.

Sec. 422. Local government impact aid and community service assistance.

Subtitle C—Offshore Oil and Gas Development

Sec. 431. Repeal of moratorium on oil and gas leasing in the Gulf of Mexico.

Sec. 432. Inclusion of areas in 2007–2012 outer Continental Shelf oil and gas leasing program.

Title V—Greenhouse gas regulation

Sec. 501. Greenhouse gas regulation under Clean Air Act.

I

Refineries

102.

Tax-exempt financing of domestic use oil refinery facilities

(a)

In general

(1)

Treatment as exempt facility bond

Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended by striking or at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , and, and by inserting at the end the following new paragraph:

(16)

domestic use oil refinery facilities.

.

(2)

Domestic use oil refinery facilities

Section 142 is amended by adding at the end the following new subsection:

(n)

Domestic use oil refinery facilities

(1)

In general

For purposes of subsection (a)(16), the term domestic use oil refinery facility means any facility in the United States—

(A)

which processes liquid fuel from crude oil, and

(B)

all of the output of which it is reasonably certain ultimate consumption will occur in the United States.

(2)

Election to terminate tax-exempt bond financing by certain refineries

In the case of a facility financed with bonds which would cease to be tax-exempt by reason of the failure to meet the domestic use requirement of this subsection, rules similar to the rules of subsection (f)(4) shall apply for purposes of this section.

.

(b)

Effective date

The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

103.

Designation and availability of Federal lands for oil and natural gas refineries

(a)

Designation

Within 18 months after the date of enactment of this Act, the President shall designate at least 10 sites on Federal lands that are suitable for the siting of an oil refinery or natural gas refinery (or both).

(b)

Availability of lands

Within 24 months after the date of enactment of this Act, the President shall make each site designated under subsection (a) available to the private sector for construction of an oil refinery or natural gas refinery (or both), as appropriate.

II

Alternative Energy

201.

Extension of credit for electricity produced from certain renewable resources

(a)

In general

Paragraph (1) of section 45(d) of the Internal Revenue Code of 1986 is amended by striking January 1, 2013 in paragraph (1) and inserting January 1, 2023.

(b)

Effective date

The amendments made by this section shall apply to property originally placed in service on or after January 1, 2013.

202.

Equalization of excise tax on liquefied natural gas and per energy equivalent of diesel

(a)

In general

Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986 is amended by striking the period at the end of clause (ii) and inserting , and, and by inserting after clause (ii) the following new clause:

(iii)

in the case of liquefied natural gas, 24.3 cents per energy equivalent of a gallon of diesel.

.

(b)

Energy equivalent of a gallon of diesel and administrative provision

Paragraph (2) of section 4041(a) of such Code is amended by adding at the end the following:

(C)

Energy equivalent of a gallon of diesel

For purposes of this paragraph, the term energy equivalent of a gallon of diesel means, with respect to a liquefied natural gas fuel, the amount of such fuel having a Btu content of 137,380 (higher heating value).

(D)

Administrative provisions

For purposes of applying this title with respect to the taxes imposed by this subsection, references to any liquid subject to tax under this subsection shall be treated as including references to liquefied natural gas subject to tax under this paragraph.

.

(c)

Conforming amendments

Section 4041(a)(2)(B)(ii) of such Code is amended—

(1)

by striking liquefied natural gas,, and

(2)

by striking peat), and and inserting peat) and.

(d)

Effective date

The amendments made by this section shall apply to any sale or use of liquefied natural gas after 14 days after the date of the enactment of this Act.

203.

Extension of alternative fuel credit

(a)

In general

Paragraph (5) of section 6426(d) of the Internal Revenue Code of 1986 (relating to alternative fuel credit) is amended by striking December 31, 2011 and inserting December 31, 2012.

(b)

Effective date

The amendments made by this section shall apply to fuel sold or used after December 31, 2011.

III

Nuclear Energy

301.

Waste Confidence

The Nuclear Regulatory Commission may not deny an application for a license, permit, or other authorization under the Atomic Energy Act of 1954 on the grounds that sufficient capacity does not exist, or will not become available on a timely basis, for disposal of spent nuclear fuel or high-level radioactive waste from the facility for which the license, permit, or other authorization is sought.

302.

ASME Nuclear Certification credit

(a)

In general

Subpart D of part IV of subchapter A of chapter 1 (relating to business related credits) is amended by adding at the end the following new section:

45S.

ASME Nuclear Certification credit

(a)

In general

For purposes of section 38, the ASME Nuclear Certification credit determined under this section for any taxable year is an amount equal to 15 percent of the qualified nuclear expenditures paid or incurred by the taxpayer.

(b)

Qualified nuclear expenditures

For purposes of this section, the term qualified nuclear expenditures means any expenditure related to—

(1)

obtaining a certification under the American Society of Mechanical Engineers Nuclear Component Certification program, or

(2)

increasing the taxpayer’s capacity to construct, fabricate, assemble, or install components—

(A)

for any facility which uses nuclear energy to produce electricity, and

(B)

with respect to the construction, fabrication, assembly, or installation of which the taxpayer is certified under such program.

(c)

Timing of credit

The credit allowed under subsection (a) for any expenditures shall be allowed—

(1)

in the case of a qualified nuclear expenditure described in subsection (b)(1), for the taxable year of such certification, and

(2)

in the case of any other qualified nuclear expenditure, for the taxable year in which such expenditure is paid or incurred.

(d)

Special rules

(1)

Basis adjustment

For purposes of this subtitle, if a credit is allowed under this section for an expenditure, the increase in basis which would result (but for this subsection) for such expenditure shall be reduced by the amount of the credit allowed under this section.

(2)

Denial of double benefit

No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section.

(e)

Termination

This section shall not apply to any expenditures paid or incurred in taxable years beginning after December 31, 2019.

.

(b)

Conforming amendments

(1)

Subsection (b) of section 38 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus, and by adding at the end the following new paragraph:

(37)

the ASME Nuclear Certification credit determined under section 45S(a).

.

(2)

Subsection (a) of section 1016 (relating to adjustments to basis) is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and, and by adding at the end the following new paragraph:

(38)

to the extent provided in section 45S(e)(1).

.

(c)

Effective date

The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2010.

IV

Drilling

A

Tax provisions

401.

Credit for producing fuel from nonconventional sources to apply to gas produced onshore from formations more than 15,000 feet deep

(a)

In general

Subparagraph (B) of section 45K(c)(1) is amended by striking or at the end of clause (i), by striking and at the end of clause (ii) and inserting or, and by inserting after clause (ii) the following new clause:

(iii)

an onshore well from a formation more than 15,000 feet deep, and

.

(b)

Eligible deep gas wells

Section 45K is amended by adding at the end the following new subsection:

(h)

Eligible deep gas wells

In the case of a well producing qualified fuel described in subsection (c)(1)(B)(iii)—

(1)

for purposes of subsection (e)(1)(A), such well shall be treated as drilled before January 1, 1993, if such well is drilled after the date of the enactment of this subsection, and

(2)

subsection (e)(2) shall not apply.

.

(c)

Effective date

The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

402.

Repeal of minimum capture requirement for carbon dioxide sequestration credit

(a)

In general

Subsection (c) of section 45Q of the Internal Revenue Code of 1986 is amended by inserting and at the end of paragraph (1), by striking , and at the end of paragraph (2) and inserting a period, and by striking paragraph (3).

(b)

Effective date

The amendments made by this section shall apply to carbon dioxide captured after the date of the enactment of this Act.

B

Oil and gas development on the Coastal Plain of Alaska

411.

Short title

This subtitle may be cited as the American-Made Energy and Good Jobs Act.

412.

Definitions

In this subtitle:

(1)

Coastal Plain

The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.

(2)

Secretary

The term Secretary, except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee.

413.

Leasing program for lands within the Coastal Plain

(a)

In general

The Secretary shall take such actions as are necessary—

(1)

to establish and implement, in accordance with this subtitle and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and

(2)

to administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.

(b)

Repeal

(1)

Repeal

Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.

(2)

Conforming amendment

The table of contents in section 1 of such Act is amended by striking the item relating to section 1003.

(c)

Compliance with requirements under certain other laws

(1)

Compatibility

For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination.

(2)

Adequacy of the Department of the Interior’s legislative environmental impact statement

The Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale.

(3)

Compliance with NEPA for other actions

Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this Act that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this subtitle shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle.

(d)

Relationship to State and local authority

Nothing in this subtitle shall be considered to expand or limit State and local regulatory authority.

(e)

Special areas

(1)

In general

The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres.

(2)

Management

Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values.

(3)

Exclusion from leasing or surface occupancy

The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area.

(4)

Directional drilling

Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases located outside the Special Area.

(f)

Limitation on closed areas

The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this subtitle.

(g)

Regulations

(1)

In general

The Secretary shall prescribe such regulations as may be necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act.

(2)

Revision of regulations

The Secretary shall periodically review and, if appropriate, revise the rules and regulations issued under subsection (a) to reflect any significant biological, environmental, or engineering data that come to the Secretary’s attention.

414.

Lease sales

(a)

In general

Lands may be leased pursuant to this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.).

(b)

Procedures

The Secretary shall, by regulation, establish procedures for—

(1)

receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;

(2)

the holding of lease sales after such nomination process; and

(3)

public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.

(c)

Lease sale bids

Bidding for leases under this subtitle shall be by sealed competitive cash bonus bids.

(d)

Acreage minimum in first sale

In the first lease sale under this subtitle, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres.

(e)

Timing of lease sales

The Secretary shall—

(1)

conduct the first lease sale under this subtitle within 22 months after the date of the enactment of this Act; and

(2)

conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales.

415.

Grant of leases by the Secretary

(a)

In general

The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 414 any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary.

(b)

Subsequent transfers

No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General.

416.

Lease terms and conditions

An oil or gas lease issued pursuant to this subtitle shall—

(1)

provide for the payment of a royalty of not less than 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)

require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;

(3)

provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary;

(4)

provide that the standard of reclamation for lands required to be reclaimed under this subtitle shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as approved by the Secretary;

(5)

include requirements and restrictions to provide for reasonable protection of fish and wildlife, their habitat, subsistence resources, and the environment as determined by the Secretary;

(6)

prohibit the export of oil produced under the lease; and

(7)

contain such other provisions as the Secretary determines necessary to ensure compliance with the provisions of this subtitle and the regulations issued under this subtitle.

417.

Coastal plain environmental protection

(a)

No significant adverse effect standard To govern authorized Coastal Plain activities

The Secretary shall, consistent with the requirements of section 413, administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that—

(1)

ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment;

(2)

require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and

(3)

ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain.

(b)

Site-Specific assessment and mitigation

The Secretary shall also require, with respect to any proposed drilling and related activities, that—

(1)

a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment;

(2)

a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and

(3)

the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan.

(c)

Regulations To protect coastal plain fish and wildlife resources, subsistence users, and the environment

Before implementing the leasing program authorized by this subtitle, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle.

(d)

Compliance with Federal and State environmental laws and other requirements

The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this subtitle shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:

(1)

Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain.

(2)

Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration.

(3)

Design safety and construction standards for all pipelines and any access and service roads, that—

(A)

minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and

(B)

minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.

(4)

Prohibitions on general public access and use on all pipeline access and service roads.

(5)

Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this subtitle, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.

(6)

Appropriate prohibitions or restrictions on access by all modes of transportation.

(7)

Appropriate prohibitions or restrictions on sand and gravel extraction.

(8)

Consolidation of facility siting.

(9)

Appropriate prohibitions or restrictions on use of explosives.

(10)

Avoidance, to the extent practicable, of springs, streams, and river system; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling.

(11)

Avoidance or minimization of air traffic-related disturbance to fish and wildlife.

(12)

Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law.

(13)

Fuel storage and oil spill contingency planning.

(14)

Research, monitoring, and reporting requirements.

(15)

Field crew environmental briefings.

(16)

Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.

(17)

Compliance with applicable air and water quality standards.

(18)

Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.

(19)

Reasonable stipulations for protection of cultural and archeological resources.

(20)

All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.

(e)

Considerations

In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following:

(1)

The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement.

(2)

The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations.

(3)

The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.

(f)

Facility consolidation planning

(1)

In general

The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources.

(2)

Objectives

The plan shall have the following objectives:

(A)

Avoiding unnecessary duplication of facilities and activities.

(B)

Encouraging consolidation of common facilities and activities.

(C)

Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment.

(D)

Utilizing existing facilities wherever practicable.

(E)

Enhancing compatibility between wildlife values and development activities.

(g)

Access to public lands

The Secretary shall—

(1)

manage public lands in the Coastal Plain subject to subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and

(2)

ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.

418.

Expedited judicial review

(a)

Filing of complaint

(1)

Deadline

Subject to paragraph (2), any complaint seeking judicial review of any provision of this Act or any action of the Secretary under this subtitle shall be filed—

(A)

except as provided in subparagraph (B), within the 90-day period beginning on the date of the action being challenged; or

(B)

in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint.

(2)

Venue

Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States Court of Appeals for the District of Columbia.

(3)

Limitation on scope of certain review

Judicial review of a Secretarial decision to conduct a lease sale under this subtitle, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with the terms of this subtitle and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this subtitle shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.

(b)

Limitation on other review

Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.

419.

Federal and State distribution of revenues

(a)

In general

Notwithstanding any other provision of law, of the amount of adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle—

(1)

25 percent shall be paid to the State of Alaska; and

(2)

except as provided in section 422(d), the balance shall be deposited into the Treasury as miscellaneous receipts.

(b)

Payments to Alaska

Payments to the State of Alaska under this section shall be made semiannually.

420.

Rights-of-way across the Coastal Plain

(a)

In general

The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas—

(1)

except as provided in paragraph (2), under section 28 of the Mineral Leasing Act (30 U.S.C. 185), without regard to title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.); and

(2)

under title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171).

(b)

Terms and conditions

The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.

(c)

Regulations

The Secretary shall include in regulations under section 413(g) provisions granting rights-of-way and easements described in subsection (a) of this section.

421.

Conveyance

In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding the provisions of section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall convey—

(1)

to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation effective January 22, 1993; and

(2)

to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.

422.

Local government impact aid and community service assistance

(a)

Financial assistance authorized

(1)

In general

The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2) and that are directly impacted by the exploration for or production of oil and gas on the Coastal Plain under this subtitle.

(2)

Eligible entities

The North Slope Borough, the City of Kaktovik, and any other borough, municipal subdivision, village, or other community in the State of Alaska that is directly impacted by exploration for, or the production of, oil or gas on the Coastal Plain under this Act, as determined by the Secretary, shall be eligible for financial assistance under this section.

(b)

Use of assistance

Financial assistance under this section may be used only for—

(1)

planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence values;

(2)

implementing mitigation plans and maintaining mitigation projects;

(3)

developing, carrying out, and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including fire-fighting, police, water, waste treatment, medivac, and medical services; and

(4)

establishment of a coordination office, by the North Slope borough, in the City of Kaktovik, which shall—

(A)

coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; and

(B)

provide to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report on the status of coordination between developers and the communities affected by development.

(c)

Application

(1)

In general

Any community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation.

(2)

North Slope Borough communities

A community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough.

(3)

Application assistance

The Secretary shall work closely with and assist the North Slope Borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section.

(d)

Establishment of fund

(1)

In general

There is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund.

(2)

Use

Amounts in the fund may be used only for providing financial assistance under this section.

(3)

Deposits

Subject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from rents, bonuses, and royalties from Federal leases and lease sales authorized under this subtitle.

(4)

Limitation on deposits

The total amount in the fund may not exceed $11,000,000.

(5)

Investment of balances

The Secretary of the Treasury shall invest amounts in the fund in interest bearing government securities.

(e)

Authorization of appropriations

To provide financial assistance under this section there is authorized to be appropriated to the Secretary from the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal year.

C

Offshore Oil and Gas Development

431.

Repeal of moratorium on oil and gas leasing in the Gulf of Mexico

(a)

Repeal

Section 104 of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109–432; 43 U.S.C. 1331 note) is amended by striking June 30, 2022 and inserting January 1, 2011.

(b)

Inclusion of opened areas in 2007–2012 outer Continental Shelf oil and gas leasing program

Within 90 days after the date of enactment of this Act, the Secretary of the Interior shall include the area removed from moratorium by subsection (a) in the areas available for leasing under the 2007–2012 outer Continental Shelf oil and gas leasing program prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344).

432.

Inclusion of areas in 2007–2012 outer Continental Shelf oil and gas leasing program

(a)

In general

Within 90 days after the date of enactment of this Act, the Secretary of the Interior shall include the areas described in subsection (b) in the areas available for leasing under the 2007–2012 outer Continental Shelf oil and gas leasing program prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344).

(b)

Areas described

The areas referred to in subsection (a) are all areas of the outer Continental Shelf (as that term is devined in that Act) in the Arctic Ocean, Atlantic Ocean, Pacific Ocean, and Eastern Gulf of Mexico.

V

Greenhouse gas regulation

501.

Greenhouse gas regulation under Clean Air Act

(a)

Definition of air pollutant

Section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the following at the end thereof: The term air pollutant shall not include carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride..

(b)

Climate change not regulated by Clean Air Act

Nothing in the Clean Air Act (42 U.S.C. 7401 et seq.) shall be treated as authorizing or requiring the regulation of climate change or global warming.