S.Amdt. 5097

1. Inserts new text at the end of the bill

   Inserts

   In S. 3268 · Placed on Calendar Senate

   (b) Report.--If the Commission decides not to use the procedures described in subsection (a) in a specific instance, not later than 30 days after the date of the decision, the Commission shall submit to Congress a detailed report that describes in each instance the reasons for not using the procedures.

   Inserted: (f) Approval by Certain Affected States.--

   Inserted: (1) Definition of affected state.--In this subsection, the term 'affected State' means a State that the Secretary, in consultation with the Administrator of the Environmental Protection Agency, determines could be affected negatively by the potential environmental or economic impacts of a proposed lease sale or proposed development and production plan for a new producing area under section 32.

   Inserted: (2) Notice to affected states.--Not later than 30 days before the date of a proposed lease sale or the publication of a proposed development and production plan for a new producing area under section 32, the Secretary shall submit to the Governor of each affected State notice of the proposed sale or plan.

   Inserted: (3) Duties of affected states.--Not later than 60 days after the date on which the Secretary provides notice under paragraph (2), the Governor of the affected State shall submit to the Secretary a written response to the proposed sale or plan that--

   Inserted: (A) specifies whether the Governor--

   Inserted: (i) accepts the sale or plan as proposed;

   Inserted: (ii) accepts the sale or plan with modification; or

   Inserted: (iii) vetoes the proposed sale or plan; and

   Inserted: (B) in the case of subparagraph (A)(ii), includes a counterproposal that describes--

   Inserted: (i) any proposed modifications to--

   Inserted: (I) the proposed plan; or

   Inserted: (II) the size, time, or location of the proposed sale; and

   Show 158 more inserted paragraphsShow less

   Inserted: (ii) any areas off the coast of the State that the Governor recommends for long-term protection in the form of a moratorium on leasing for a period of not more than 20 years based on--

   Inserted: (I) any information in existence on the date of the counterproposal concerning the geographical, geological, and ecological characteristics of the areas proposed for protection;

   Inserted: (II) an equitable sharing of developmental benefits and environmental risks among the areas;

   Inserted: (III) the location of the areas with respect to--

   Inserted: (aa) other uses of the sea and seabed in the areas, including fisheries, navigation, existing or proposed sealanes, potential sites of deepwater ports; and

   Inserted: (bb) other anticipated uses of the resources and space of other areas of the outer Continental Shelf;

   Inserted: (IV) any relevant laws, goals, and policies of the State; and

   Inserted: (V) the relative environmental sensitivity and marine productivity of other areas of the outer Continental Shelf.

   Inserted: (4) Secretarial response.--

   Inserted: (A) In general.--As soon as practicable after the Secretary receives a counterproposal under paragraph (3)(B), the Secretary, in consultation with the Secretary of Defense, shall--

   Inserted: (i) approve the counterproposal without modification;

   Inserted: (ii) attempt to enter into an agreement with the Governor to modify the counterproposal; or

   Inserted: (iii) deny the counterproposal.

   Inserted: (B) Approval of agreement.--To be valid, an agreement entered into under subparagraph (A)(ii) requires the approval of the Governor, the Secretary, and the Secretary of the Defense.

   Inserted: SEC. 19. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING AREAS.

   Inserted: The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 32. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING AREAS.

   Inserted: "(a) Definitions.--In this section:

   Inserted: "(1) Coastal political subdivision.--The term 'coastal political subdivision' means a political subdivision of a new producing State any part of which political subdivision is--

   Inserted: "(A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the new producing State as of the date of enactment of this section; and

   Inserted: "(B) not more than 200 nautical miles from the geographic center of any leased tract.

   Inserted: "(2) Moratorium area.--

   Inserted: "(A) In general.--The term 'moratorium area' means an area covered by sections 104 through 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2118).

   Inserted: "(B) Exclusion.--The term 'moratorium area' does not include an area located in the Gulf of Mexico.

   Inserted: "(3) New producing area.--The term 'new producing area' means any moratorium area beyond the submerged land of a new producing State.

   Inserted: "(4) New producing state.--The term 'new producing State' means a State that has received notice of a proposed lease sale for a new producing area under section 19(f)(2).

   Inserted: "(5) Qualified outer continental shelf revenues.--

   Inserted: "(A) In general.--The term 'qualified outer Continental Shelf revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this section for new producing areas.

   Inserted: "(B) Exclusions.--The term 'qualified outer Continental Shelf revenues' does not include--

   Inserted: "(i) revenues from a bond or other surety forfeited for obligations other than the collection of royalties;

   Inserted: "(ii) revenues from civil penalties;

   Inserted: "(iii) royalties taken by the Secretary in-kind and not sold;

   Inserted: "(iv) revenues generated from leases subject to section 8(g); or

   Inserted: "(v) any revenues considered qualified outer Continental Shelf revenues under section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432).

   Inserted: "(b) Availability for Leasing.--On approval by the new producing State of a proposed lease sale for a new producing area under section 19(f), the Secretary shall conduct the proposed lease sale for the new producing area.

   Inserted: "(c) Disposition of Qualified Outer Continental Shelf Revenues From New Producing Areas.--

   Inserted: "(1) In general.--Notwithstanding section 9 and subject to the other provisions of this subsection, for each applicable fiscal year, the Secretary of the Treasury shall deposit--

   Inserted: "(A) 50 percent of qualified outer Continental Shelf revenues--

   Inserted: "(i) in the fund established by section 20 of the Stop Excessive Energy Speculation Act of 2008; or

   Inserted: "(ii) if the Secretary of the Treasury determines that the fund described in clause (i) is fully funded, in the general fund of the Treasury; and

   Inserted: "(B) 50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury from which the Secretary shall disburse--

   Inserted: "(i) 75 percent to new producing States in accordance with paragraph (2); and

   Inserted: "(ii) 25 percent to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l-5).

   Inserted: "(2) Allocation to new producing states and coastal political subdivisions.--

   Inserted: "(A) Allocation to new producing states.--Effective for fiscal year 2008 and each fiscal year thereafter, the amount made available under paragraph (1)(B)(i) shall be allocated to each new producing State in amounts (based on a formula established by the Secretary by regulation) proportional to the amount of qualified outer Continental Shelf revenues generated in the new producing area offshore each State.

   Inserted: "(B) Payments to coastal political subdivisions.--

   Inserted: "(i) In general.--The Secretary shall pay 20 percent of the allocable share of each new producing State, as determined under subparagraph (A), to the coastal political subdivisions of the new producing State.

   Inserted: "(ii) Allocation.--The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B) and (C) of section 31(b)(4).

   Inserted: "(3) Minimum allocation.--The amount allocated to a new producing State for each fiscal year under paragraph (2) shall be at least 5 percent of the amounts available under for the fiscal year under paragraph (1)(B)(i).

   Inserted: "(4) Timing.--The amounts required to be deposited under subparagraph (B) of paragraph (1) for the applicable fiscal year shall be made available in accordance with that subparagraph during the fiscal year immediately following the applicable fiscal year.

   Inserted: "(5) Authorized uses.--

   Inserted: "(A) In general.--Subject to subparagraph (B), each new producing State and coastal political subdivision shall use all amounts received under paragraph (2) in accordance with all applicable Federal and State laws, only for 1 or more of the following purposes:

   Inserted: "(i) Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, and hurricane protection.

   Inserted: "(ii) Mitigation of damage to fish, wildlife, or natural resources.

   Inserted: "(iii) Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan.

   Inserted: "(iv) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore projects.

   Inserted: "(v) Planning assistance and the administrative costs of complying with this section.

   Inserted: "(B) Limitation.--Not more than 3 percent of amounts received by a new producing State or coastal political subdivision under paragraph (2) may be used for the purposes described in subparagraph (A)(v).

   Inserted: "(6) Administration.--Amounts made available under paragraph (1)(B) shall--

   Inserted: "(A) be made available, without further appropriation, in accordance with this subsection;

   Inserted: "(B) remain available until expended; and

   Inserted: "(C) be in addition to any amounts appropriated under--

   Inserted: "(i) other provisions of this Act;

   Inserted: "(ii) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); or

   Inserted: "(iii) any other provision of law.

   Inserted: "(d) Disposition of Qualified Outer Continental Shelf Revenues From Other Areas.--Notwithstanding section 9, for each applicable fiscal year, the terms and conditions of subsection (c) shall apply to the disposition of qualified outer Continental Shelf revenues that--

   Inserted: "(1) are derived from oil or gas leasing in an area that is not included in the current 5-year plan of the Secretary for oil or gas leasing; and

   Inserted: "(2) are not assumed in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code.".

   Inserted: SEC. 20. ENERGY INDEPENDENCE TRUST FUND.

   Inserted: (a) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the "Energy Independence Trust Fund" (referred to in this section as the "Fund"), consisting of such amounts as are deposited in the Fund under section 32(c)(1)(A)(i) of the Outer Continental Shelf Lands Act (as added by section 19).

   Inserted: (b) Expenditures From Fund.--

   Inserted: (1) In general.--Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out the following:

   Inserted: (A) Section 609 of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c).

   Inserted: (B) Title V of the Toxic Substances Control Act (15 U.S.C. 2695 et seq.).

   Inserted: (C) Sections 211(r), 212, and 329 of the Clean Air Act (42 U.S.C. 7545(r), 7546, 7628).

   Inserted: (D) The following provisions of the Energy Policy and Conservation Act:

   Inserted: (i) Section 324A (42 U.S.C. 6294a).

   Inserted: (ii) Section 337(c) (42 U.S.C. 6307(c)).

   Inserted: (iii) Section 365(f) (42 U.S.C. 6325(f)).

   Inserted: (iv) Part E of title III (42 U.S.C. 6341 et seq.).

   Inserted: (v) Section 399A (42 U.S.C. 6371h-1).

   Inserted: (E) The following provisions of the Energy Policy Act of 2005:

   Inserted: (i) Section 107 (42 U.S.C. 15812).

   Inserted: (ii) The amendments made by section 123 (119 Stat. 616).

   Inserted: (iii) Sections 124 through 127 (42 U.S.C. 15821 through 15824).

   Inserted: (iv) The amendments made by section 128 (119 Stat. 619).

   Inserted: (v) Sections 133 and 134 (42 U.S.C. 15831, 15832).

   Inserted: (vi) Section 140 (42 U.S.C. 15833).

   Inserted: (vii) Section 201 (42 U.S.C. 15851).

   Inserted: (viii) The amendments made by section 202 (119 Stat. 651).

   Inserted: (ix) The amendments made by section 206 (119 Stat. 654).

   Inserted: (x) Section 207 (119 Stat. 656).

   Inserted: (xi) Sections 208 and 210 (42 U.S.C. 15854, 15855).

   Inserted: (xii) Sections 242 and 243 (42 U.S.C. 15881, 15882).

   Inserted: (xiii) The amendments made by section 251 (119 Stat. 679).

   Inserted: (xiv) Section 252 (42 U.S.C. 15891).

   Inserted: (xv) Sections 706, 712, 721, and 731 (42 U.S.C. 16051, 16062, 16071, 16081).

   Inserted: (xvi) Subtitle C of title VII (42 U.S.C. 16091 et seq.).

   Inserted: (xvii) Sections 751 and 755 through 758 (42 U.S.C. 16101, 16103 through 16106).

   Inserted: (xviii) Section 771 (119 Stat. 834).

   Inserted: (xix) Sections 782 and 783 (42 U.S.C. 16122, 16123).

   Inserted: (xx) Sections 805, 808, 809, and 812 (42 U.S.C. 16154, 16157, 16158, 16161).

   Inserted: (xxi) Sections 911, 917, 921, and 931 (42 U.S.C. 16191, 16197, 16211, 16231).

   Inserted: (xxii) The amendments made by section 941 (119 Stat. 873).

   Inserted: (xxiii) Sections 942, 944 through 947, and 963 (42 U.S.C. 16251, 16253 through 16256, 16293).

   Inserted: (xxiv) Sections 1510, 1514, and 1516 (42 U.S.C. 16501, 16502, 16503).

   Inserted: (F) The following provisions of the Energy Independence and Security Act of 2007:

   Inserted: (i) Sections 131 and 135 (42 U.S.C. 17011, 17012).

   Inserted: (ii) Sections 207, 223, 229, 230, 234, 244, and 246 (42 U.S.C. 17022, 17032, 17033, 17034, 17035, 17052, 17053).

   Inserted: (iii) Section 243 (121 Stat. 1540).

   Inserted: (iv) Section 411 (42 U.S.C. 6872 note; Public Law 110-140).

   Inserted: (v) Sections 422, 440, 452, 491, and 495 (42 U.S.C. 17082, 17096, 17111, 17121, 17124).

   Inserted: (vi) Section 501 (121 Stat. 1655).

   Inserted: (vii) Section 502 (2 U.S.C. 2169).

   Inserted: (viii) The amendments made by section 505 (121 Stat. 1656).

   Inserted: (ix) Section 517 (42 U.S.C. 17131).

   Inserted: (x) Subtitle E of title V (42 U.S.C. 17151 et seq.).

   Inserted: (xi) Section 602 (42 U.S.C. 17171).

   Inserted: (xii) Sections 604 through 607 (42 U.S.C. 17172 through 17175).

   Inserted: (xiii) Subtitles B through E of title VI (42 U.S.C. 17191 et seq.) (other than section 653).

   Inserted: (xiv) Sections 703, 705, 707, 708, 711, and 712 (42 U.S.C. 17251, 17253, 17255, 17256, 17271, 17272).

   Inserted: (xv) Sections 805 and 807 (42 U.S.C. 17284, 17286).

   Inserted: (xvi) Sections 912, 913, 916, 917, 925, and 927 (42 U.S.C. 17332, 17333, 17336, 17337, 17355, 17357).

   Inserted: (G) Section 21.

   Inserted: (2) Administrative expenses.--An amount not exceeding 5 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section.

   Inserted: (c) Transfers of Amounts.--

   Inserted: (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.

   Inserted: (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

   Inserted: SEC. 21. LOAN GUARANTEES FOR RENEWABLE FUEL PIPELINES.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Cost.--The term "cost" has the meaning given the term "cost of a loan guarantee" in section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)).

   Inserted: (2) Eligible project.--The term eligible project means a project described in subsection (b)(1).

   Inserted: (3) Guarantee.--

   Inserted: (A) In general.--The term "guarantee" has the meaning given the term "loan guarantee" in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).

   Inserted: (B) Inclusion.--The term "guarantee" includes a loan guarantee commitment (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)).

   Inserted: (4) Renewable fuel.--The term "renewable fuel" has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) (as in effect on January 1, 2009).

   Inserted: (5) Renewable fuel pipeline.--The term "renewable fuel pipeline" means a common carrier pipeline for transporting renewable fuel.

   Inserted: (b) Loan Guarantees.--

   Inserted: (1) In general.--The Secretary shall make guarantees under this section for projects that provide for the construction of new renewable fuel pipelines.

   Inserted: (2) Eligibility.--In determining the eligibility of a project for a guarantee under this section, the Secretary shall consider--

   Inserted: (A) the volume of renewable fuel to be moved by the renewable fuel pipeline;

   Inserted: (B) the size of the markets to be served by the renewable fuel pipeline;

   Inserted: (C) the existence of sufficient storage to facilitate access to the markets served by the renewable fuel pipeline;

   Inserted: (D) the proximity of the renewable fuel pipeline to ethanol production facilities;

   Inserted: (E) the investment of the entity carrying out the proposed project in terminal infrastructure;

   Inserted: (F) the experience of the entity carrying out the proposed project in working with renewable fuels;

   Inserted: (G) the ability of the entity carrying out the proposed project to maintain the quality of the renewable fuel through--

   Inserted: (i) the terminal system of the entity; and

   Inserted: (ii) the dedicated pipeline system;

   Inserted: (H) the ability of the entity carrying out the proposed project to complete the project in a timely manner; and

   Inserted: (I) the ability of the entity carrying out the proposed project to secure property rights-of-way in order to move the proposed project forward in a timely manner.

   Inserted: (3) Amount.--Unless otherwise provided by law, a guarantee by the Secretary under this section shall not exceed an amount equal to 90 percent of the eligible project cost of the renewable fuel pipeline that is the subject of the guarantee, as estimated at the time at which the guarantee is issued or subsequently modified while the eligible project is under construction.

   Inserted: (4) Terms and conditions.--Guarantees under this section shall be provided in accordance with section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512), except that subsections (b) and (c) of that section shall not apply to guarantees under this section.

   Inserted: (5) Existing funding authority.--The Secretary shall make a guarantee under this section under an existing funding authority.

   Inserted: (6) Final rule.--Not later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a final rule directing the Director of the Department of Energy Loan Guarantee Program Office to initiate the loan guarantee program under this section in accordance with this section.

   Inserted: (c) Funding.--

   Inserted: (1) In general.--There are authorized to be appropriated such sums as are necessary to provide $4,000,000,000 in guarantees under this section.

   Inserted: (2) Use of other appropriated funds.--To the extent that the amounts made available under title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) have not been disbursed to programs under that title, the Secretary may use the amounts to carry out this section.

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