S.Amdt. 1974

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In S. 2204 · Placed on Calendar Senate

   SECTION 1. SHORT TITLE[inserted: ; TABLE OF CONTENTS].

   [inserted: (a) Short Title.--]This Act may be cited as the "[struck: Repeal Big Oil Tax Subsidies ][inserted: American Jobs and Domestic Energy Production ]Act".

   Struck: TITLE I--TAX EXTENSIONS RELATING TO ENERGY

   Struck: SEC. 101. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT EXISTING HOMES.

   Struck: (a) In General.--Paragraph (2) of section 25C(g) of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2011.

   Show 153 more struck paragraphsShow less

   Struck: SEC. 102. EXTENSION OF CREDIT FOR CERTAIN PLUG-IN ELECTRIC VEHICLES.

   Struck: (a) In General.--Subsection (f) of section 30 of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to vehicles acquired after December 31, 2011.

   Struck: SEC. 103. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

   Struck: (a) Extension.--Paragraph (2) of section 30C(g) of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011." and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2011.

   Struck: SEC. 104. EXTENSION OF CELLULOSIC BIOFUEL PRODUCER CREDIT.

   Struck: (a) In General.--Subparagraph (H) of section 40(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows:

   Struck: "(H) Application of paragraph.--

   Struck: "(i) In general.--This paragraph shall apply with respect to qualified cellulosic biofuel production after December 31, 2008, and before January 1, 2014.

   Struck: "(ii) No carryover to certain years after expiration.--If this paragraph ceases to apply for any period by reason of clause (i), rules similar to the rules of subsection (e)(2) shall apply.".

   Struck: (b) Conforming Amendment.--

   Struck: (1) In general.--Paragraph (2) of section 40(e) of the Internal Revenue Code of 1986 is amended by striking "or subsection (b)(6)(H)".

   Struck: (2) Effective date.--The amendment made by this subsection shall take effect as if included in section 15321(b) of the Heartland, Habitat, and Horticulture Act of 2008.

   Struck: SEC. 105. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC.

   Struck: (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the Internal Revenue Code of 1986 is amended to read as follows:

   Struck: "(I) is derived by, or from, qualified feedstocks, and".

   Struck: (b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of section 40(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (F), (G), and (H), as amended by this Act, as subparagraphs (H), (I), and (J), respectively, and by inserting after subparagraph (E) the following new subparagraphs:

   Struck: "(F) Qualified feedstock.--For purposes of this paragraph, the term 'qualified feedstock' means--

   Struck: "(i) any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, and

   Struck: "(ii) any cultivated algae, cyanobacteria, or lemna.

   Struck: "(G) Special rules for algae.--In the case of fuel which is derived by, or from, feedstock described in subparagraph (F)(ii) and which is sold by the taxpayer to another person for refining by such other person into a fuel which meets the requirements of subparagraph (E)(i)(II) and the refined fuel is not excluded under subparagraph (E)(iii)--

   Struck: "(i) such sale shall be treated as described in subparagraph (C)(i),

   Struck: "(ii) such fuel shall be treated as meeting the requirements of subparagraph (E)(i)(II) and as not being excluded under subparagraph (E)(iii) in the hands of such taxpayer, and

   Struck: "(iii) except as provided in this subparagraph, such fuel (and any fuel derived from such fuel) shall not be taken into account under subparagraph (C) with respect to the taxpayer or any other person.".

   Struck: (c) Algae Treated as a Qualified Feedstock for Purposes of Bonus Depreciation for Biofuel Plant Property.--

   Struck: (1) In general.--Subparagraph (A) of section 168(l)(2) of the Internal Revenue Code of 1986 is amended by striking "solely to produce cellulosic biofuel" and inserting "solely to produce second generation biofuel (as defined in section 40(b)(6)(E))".

   Struck: (2) Conforming amendments.--Subsection (l) of section 168 of such Code is amended--

   Struck: (A) by striking "cellulosic biofuel" each place it appears in the text thereof and inserting "second generation biofuel",

   Struck: (B) by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively,

   Struck: (C) by striking "Cellulosic" in the heading of such subsection and inserting "Second Generation", and

   Struck: (D) by striking "cellulosic" in the heading of paragraph (2) and inserting "second generation".

   Struck: (d) Conforming Amendments.--

   Struck: (1) Section 40 of the Internal Revenue Code of 1986, as amended by subsection (b), is amended--

   Struck: (A) by striking "cellulosic biofuel" each place it appears in the text thereof and inserting "second generation biofuel",

   Struck: (B) by striking "Cellulosic" in the headings of subsections (b)(6), (b)(6)(E), and (d)(3)(D) and inserting "Second generation", and

   Struck: (C) by striking "cellulosic" in the headings of subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), and (e)(3) and inserting "second generation".

   Struck: (2) Clause (ii) of section 40(b)(6)(E) of such Code is amended by striking "Such term shall not" and inserting "The term 'second generation biofuel' shall not".

   Struck: (3) Paragraph (1) of section 4101(a) of such Code is amended by striking "cellulosic biofuel" and inserting "second generation biofuel".

   Struck: (e) Effective Dates.--

   Struck: (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuels sold or used after the date of the enactment of this Act.

   Struck: (2) Application to bonus depreciation.--The amendments made by subsection (c) shall apply to property placed in service after the date of the enactment of this Act.

   Struck: SEC. 106. EXTENSION OF INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

   Struck: (a) Credits for Biodiesel and Renewable Diesel Used as Fuel.-- Subsection (g) of section 40A of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Excise Tax Credits and Outlay Payments for Biodiesel and Renewable Diesel Fuel Mixtures.--

   Struck: (1) Paragraph (6) of section 6426(c) of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (2) Subparagraph (B) of section 6427(e)(6) of such Code is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (c) Effective Date.--The amendments made by this section shall apply to fuel sold or used after December 31, 2011.

   Struck: SEC. 107. EXTENSION OF PRODUCTION CREDIT FOR REFINED COAL.

   Struck: (a) In General.--Subparagraph (B) of section 45(d)(8) of the Internal Revenue Code of 1986 is amended by striking "January 1, 2012" and inserting "January 1, 2013".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to facilities placed in service after December 31, 2011.

   Struck: SEC. 108. EXTENSION OF PRODUCTION CREDIT.

   Struck: (a) In General.--Section 45(d) of the Internal Revenue Code of 1986 is amended by striking "January 1, 2014" each place it appears in paragraphs (2), (3), (4), (6), (7), (9), and (11) and inserting "January 1, 2015".

   Struck: (b) Wind Facilities.--Paragraph (1) of section 45(d) of the Internal Revenue Code of 1986 is amended by striking "January 1, 2013" and inserting "January 1, 2014".

   Struck: (c) Increased Credit Amount for Indian Coal Facilities Placed in Service Before 2009.--Subparagraph (A) of section 45(e)(10) of the Internal Revenue Code of 1986 is amended by striking "7-year period" each place it appears and inserting "8-year period".

   Struck: (d) Conforming Amendments.--Subsection (e) of section 1603 of division B of the American Recovery and Reinvestment Act of 2009 is amended--

   Struck: (1) by striking "January 1, 2013" in paragraph (1) and inserting "January 1, 2014", and

   Struck: (2) by striking "January 1, 2014" in paragraph (2) and inserting "January 1, 2015".

   Struck: (e) Effective Dates.--

   Struck: (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to facilities placed in service after December 31, 2012.

   Struck: (2) Indian coal.--The amendment made by subsection (c) shall take effect on the date of the enactment of this Act.

   Struck: SEC. 109. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT NEW HOMES.

   Struck: (a) In General.--Subsection (g) of section 45L of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to homes acquired after December 31, 2011.

   Struck: SEC. 110. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT APPLIANCES.

   Struck: (a) In General.--Section 45M(b) of the Internal Revenue Code of 1986 is amended by striking "2011" each place it appears other than in the provisions specified in subsection (b), and inserting "2011 or 2012".

   Struck: (b) Provisions Specified.--The provisions of section 45M(b) of the Internal Revenue Code of 1986 specified in this subsection are subparagraph (C) of paragraph (1) and subparagraph (E) of paragraph (2).

   Struck: (c) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2011.

   Struck: SEC. 111. EXTENSION OF ELECTION OF INVESTMENT TAX CREDIT IN LIEU OF PRODUCTION CREDIT.

   Struck: (a) In General.--Clause (ii) of section 48(a)(5)(C) of the Internal Revenue Code of 1986 is amended by striking "or 2013" and inserting "2013, or 2014".

   Struck: (b) Wind Facilities.--Clause (i) of section 48(a)(5)(C) of the Internal Revenue Code of 1986 is amended by striking "Any qualified facility" and all that follows and inserting "Any facility which is--

   Struck: "(I) a qualified facility (within the meaning of section 45) described in paragraph (1) of section 45(d) if such facility is placed in service in 2009, 2010, 2011, 2012, or 2013, or

   Struck: "(II) a qualifying offshore wind facility, if such facility is placed in service in 2012, 2013, or 2014.".

   Struck: (c) Qualifying Offshore Wind Facility.--Paragraph (5) of section 48(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

   Struck: "(E) Qualifying offshore wind facility.--For purposes of this paragraph--

   Struck: "(i) In general.--The term 'qualifying offshore wind facility' means an offshore facility using wind to produce electricity.

   Struck: "(ii) Offshore facility.--The term 'offshore facility' means any facility located in the inland navigable waters of the United States, including the Great Lakes, or in the coastal waters of the United States, including the territorial seas of the United States, the exclusive economic zone of the United States, and the Outer Continental Shelf of the United States. For purposes of the preceding sentence, the term 'United States' has the meaning given in section 638(1).".

   Struck: (d) Effective Date.--The amendments made by this section shall apply to facilities placed in service after December 31, 2011.

   Struck: SEC. 112. EXPANSION OF QUALIFYING ADVANCED ENERGY PROJECT CREDIT.

   Struck: (a) In General.--Subparagraph (B) of section 48C(d)(1) of the Internal Revenue Code of 1986 is amended by striking "$2,300,000,000" and inserting "$4,600,000,000".

   Struck: (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

   Struck: SEC. 113. EXTENSION OF SPECIAL ALLOWANCE FOR CELLULOSIC BIOFUEL PLANT PROPERTY.

   Struck: (a) In General.--Subparagraph (D) of section 168(l)(2) of the Internal Revenue Code of 1986 is amended by striking "January 1, 2013" and inserting "January 1, 2014".

   Struck: (b) Conforming Amendment.--Paragraph (4) of section 168(l) of the Internal Revenue Code of 1986, as redesignated by this Act, is amended--

   Struck: (1) by striking "and" at the end of subparagraph (A),

   Struck: (2) by redesignating subparagraph (B) as subparagraph (C), and

   Struck: (3) by inserting after subparagraph (A) the following new subparagraph:

   Struck: "(B) by substituting 'January 1, 2014' for 'January 1, 2013' in clause (i) thereof, and".

   Struck: SEC. 114. EXTENSION OF SUSPENSION OF LIMITATION ON PERCENTAGE DEPLETION FOR OIL AND GAS FROM MARGINAL WELLS.

   Struck: (a) In General.--Clause (ii) of section 613A(c)(6)(H) of the Internal Revenue Code of 1986 is amended by striking "January 1, 2012" and inserting "January 1, 2013".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

   Struck: SEC. 115. EXTENSION OF ALTERNATIVE FUELS EXCISE TAX CREDITS.

   Struck: (a) In General.--Sections 6426(d)(5), 6426(e)(3), and 6427(e)(6)(C) of the Internal Revenue Code of 1986 are each amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendments made by this section shall apply to fuel sold or used after December 31, 2011.

   Struck: SEC. 116. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF TAX CREDITS.

   Struck: (a) In General.--Subsection (a) of section 1603 of division B of the American Recovery and Reinvestment Act of 2009, as amended by section 707 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, is amended--

   Struck: (1) by striking "or 2011" in paragraph (1) and inserting "2011, or 2012", and

   Struck: (2) in paragraph (2)--

   Struck: (A) by striking "after 2011" and inserting "after 2012", and

   Struck: (B) by striking "or 2011" and inserting "2011, or 2012".

   Struck: (b) Conforming Amendment.--Subsection (j) of section 1603 of division B of such Act, as so amended, is amended by striking "2012" and inserting "2013".

   Struck: (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2011.

   Struck: SEC. 117. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.

   Struck: (a) In General.--Subsection (e) of section 45N of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

   Struck: SEC. 118. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.

   Struck: (a) In General.--Subsection (g) of section 179E of the Internal Revenue Code of 1986 is amended by striking "December 31, 2011" and inserting "December 31, 2012".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2011.

   Struck: TITLE II--REPEAL OF OIL AND GAS SUBSIDIES

   Struck: Subtitle A--Close Big Oil Tax Loopholes

   Struck: SEC. 201. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS.

   Struck: (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection:

   Struck: "(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.--

   Struck: "(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax--

   Struck: "(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or

   Struck: "(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which--

   Struck: "(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or

   Struck: "(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B).

   Struck: "(2) Dual capacity taxpayer.--For purposes of this subsection, the term 'dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who--

   Struck: "(A) is subject to a levy of such country or possession, and

   Struck: "(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession.

   Struck: "(3) Generally applicable income tax.--For purposes of this subsection--

   Struck: "(A) In general.--The term 'generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession.

   Struck: "(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to--

   Struck: "(i) persons who are not dual capacity taxpayers, and

   Struck: "(ii) persons who are citizens or residents of the foreign country or possession.".

   Struck: (b) Effective Date.--

   Struck: (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act.

   Struck: (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States.

   Struck: SEC. 202. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.

   Struck: (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

   Struck: "(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term 'domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

   Struck: SEC. 203. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS.

   Struck: (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: "This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011.

   Struck: SEC. 204. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS.

   Struck: (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

   Struck: "(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)), the allowance for percentage depletion shall be zero.".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

   Struck: SEC. 205. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.

   Struck: (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

   Struck: "(d) Application With Respect to Major Integrated Oil Companies.-- This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).".

   Struck: (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011.

   Struck: Subtitle B--Outer Continental Shelf Oil and Natural Gas

   Struck: SEC. 211. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF.

   Struck: (a) In General.--Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed.

   Struck: (b) Administration.--The Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms beginning with the first lease sale held on or after the date of enactment of this Act for which a final notice of sale has not been published.

   Struck: TITLE III--BUDGETARY EFFECTS

   Struck: SEC. 301. DEFICIT REDUCTION.

   Struck: The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate.

   Struck: SEC. 302. BUDGETARY EFFECTS.

   Struck: The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

   Inserted: (b) Table of Contents.--The table of contents of this Act is as follows:

   Inserted: Sec. 1. Short title; table of contents.

   Inserted: TITLE I--OUTER CONTINENTAL SHELF

   Inserted: Sec. 101. Definitions.

   Inserted: Sec. 102. Outer Continental Shelf leasing program.

   Inserted: Sec. 103. Domestic oil and natural gas production goal.

   Inserted: Sec. 104. Requirement to conduct proposed oil and gas Lease Sale 216 in the Central Gulf of Mexico.

   Inserted: Sec. 105. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia.

   Inserted: Sec. 106. Requirement to conduct proposed oil and gas Lease Sale 222 in the Central Gulf of Mexico.

   Inserted: Sec. 107. Additional leases.

   Inserted: TITLE II--COASTAL PLAIN ENERGY DEVELOPMENT

   Inserted: Sec. 201. Definitions.

   Show 317 more inserted paragraphsShow less

   Inserted: Sec. 202. Leasing program for land within the Coastal Plain.

   Inserted: Sec. 203. Lease sales.

   Inserted: Sec. 204. Grant of leases by the Secretary.

   Inserted: Sec. 205. Lease terms and conditions.

   Inserted: Sec. 206. Coastal Plain environmental protection.

   Inserted: Sec. 207. Expedited judicial review.

   Inserted: Sec. 208. Rights-of-way and easements across Coastal Plain.

   Inserted: Sec. 209. Conveyance.

   Inserted: Sec. 210. Prohibition on exports.

   Inserted: Sec. 211. Allocation of revenues.

   Inserted: TITLE III--OIL SHALE

   Inserted: Sec. 301. Findings.

   Inserted: Sec. 302. Definition of Secretary.

   Inserted: Sec. 303. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decisions.

   Inserted: Sec. 304. Lease sales.

   Inserted: TITLE IV--ENERGY DEVELOPMENT AT MILITARY INSTALLATIONS

   Inserted: Sec. 401. Energy development at military installations.

   Inserted: TITLE V--HYDRAULIC FRACTURING

   Inserted: Sec. 501. Findings.

   Inserted: Sec. 502. Definition of Federal land.

   Inserted: Sec. 503. State authority.

   Inserted: TITLE I--OUTER CONTINENTAL SHELF

   Inserted: SEC. 101. DEFINITIONS.

   Inserted: In this title:

   Inserted: (1) Environmental impact statement for the 2007 2012 5 year outer continental shelf plan.--The term "Environmental Impact Statement for the 2007 2012 5 Year Outer Continental Shelf Plan" means the Final Environmental Impact Statement for Outer Continental Shelf Oil and Gas Leasing Program: 2007 2012 (April 2007) prepared by the Secretary.

   Inserted: (2) Multisale environmental impact statement.--The term "Multisale Environmental Impact Statement" means the Environmental Impact Statement for Proposed Western Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sales 204, 207, 210, 215, and 218, and Proposed Central Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sales 205, 206, 208, 213, 216, and 222 (September 2008) prepared by the Secretary.

   Inserted: (3) Secretary.--The term "Secretary" means the Secretary of the Interior.

   Inserted: SEC. 102. OUTER CONTINENTAL SHELF LEASING PROGRAM.

   Inserted: Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(a)) is amended by adding at the end the following:

   Inserted: "(5) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales that include--

   Inserted: "(A) at least 75 percent of the available acreage within each outer Continental Shelf planning area that is--

   Inserted: "(i) not under lease at the time of a proposed lease sale and has not otherwise been made unavailable for leasing by law; and

   Inserted: "(ii) considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based on the most recent national geologic assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area; and

   Inserted: "(B) any State subdivision of an outer Continental Shelf planning area that the Governor of the State that represents that subdivision requests be made available for leasing.

   Inserted: "(6) In the 2012 2017 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning area that the Secretary determines, based on the document entitled 'Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation's Outer Continental Shelf, 2006'--

   Inserted: "(A) is estimated to contain more than 2,500,000,000 barrels of oil; or

   Inserted: "(B) is estimated to contain more than 7,500,000,000,000 cubic feet of natural gas.".

   Inserted: SEC. 103. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

   Inserted: Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by striking subsection (b) and inserting the following:

   Inserted: "(b) Domestic Oil and Natural Gas Production Goal.--

   Inserted: "(1) In general.--In developing a 5-year oil and gas leasing program, the Secretary shall establish a domestic strategic production goal for the development of oil and natural gas under the program that is--

   Inserted: "(A) the best estimate of the potential increase in domestic production of oil and natural gas from the outer Continental Shelf; and

   Inserted: "(B) focused on--

   Inserted: "(i) meeting the demand for oil and natural gas in the United States;

   Inserted: "(ii) reducing the dependence of the United States on foreign energy sources; and

   Inserted: "(iii) the production increases to be achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program.

   Inserted: "(2) 2012 2017 program goal.--For purposes of the 5-year oil and gas leasing program for fiscal years 2012-2017, the production goal referred to in paragraph (1) shall be an increase by 2027 of--

   Inserted: "(A) not less than 3,000,000 barrels in the quantity of oil produced per day; and

   Inserted: "(B) not less than 10,000,000,000 cubic feet in the quantity of natural gas produced per day.

   Inserted: "(3) Reports.--At the end of each 5-year oil and gas leasing program and annually thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the progress of the applicable 5-year program with respect to achieving the production goal established for the program, including--

   Inserted: "(A) any projections for production under the program; and

   Inserted: "(B) identifying any problems with leasing, permitting, or production that would prevent the production goal from being achieved.".

   Inserted: SEC. 104. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 216 IN THE CENTRAL GULF OF MEXICO.

   Inserted: (a) In General.--The Secretary shall conduct offshore oil and gas Lease Sale 216 under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) as soon as practicable, but not later than 4 months, after the date of enactment of this Act.

   Inserted: (b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007 2012 5 Year Outer Continental Shelf Plan and the Multisale Environmental Impact Statement shall be considered to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

   Inserted: SEC. 105. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.

   Inserted: (a) In General.--Notwithstanding the inclusion of Lease Sale 220 in the fiscal years 2012 through 2017 5 Year Outer Continental Shelf Oil and Gas Leasing Program, the Secretary shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) as soon as practicable, but not later than 1 year, after the date of enactment of this Act.

   Inserted: (b) Prohibition on Conflicts With Military Operations.--No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which the exploration, development, or production is conducted.

   Inserted: SEC. 106. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 222 IN THE CENTRAL GULF OF MEXICO.

   Inserted: (a) In General.--The Secretary shall conduct offshore oil and gas Lease Sale 222 under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) as soon as practicable after the date of enactment of this Act, but not later than September 1, 2012.

   Inserted: (b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007 2012 5 Year Outer Continental Shelf Plan and the Multisale Environmental Impact Statement shall be considered to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

   Inserted: SEC. 107. ADDITIONAL LEASES.

   Inserted: Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following:

   Inserted: "(i) Additional Lease Sales.--In addition to lease sales conducted in accordance with a leasing program under this section, the Secretary may hold lease sales for areas identified by the Secretary to have the greatest potential for new oil and gas development as a result of local support, new seismic findings, or nomination by interested persons.".

   Inserted: TITLE II--COASTAL PLAIN ENERGY DEVELOPMENT

   Inserted: SEC. 201. DEFINITIONS.

   Inserted: In this title:

   Inserted: (1) Coastal plain.--The term "Coastal Plain" means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.

   Inserted: (2) Final statement.--The term "Final Statement" means the final legislative environmental impact statement on the Coastal Plain, dated April 1987, and prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

   Inserted: (3) Peer reviewed.--The term "peer reviewed" means a peer review conducted--

   Inserted: (A) by individuals chosen by the National Academy of Sciences that have no contractual relationship with or an application for a grant or other funding pending with a Federal agency with leasing jurisdiction; or

   Inserted: (B) if individuals described in subparagraph (A) are not available, by the top individuals in the specified biological fields, as determined by the National Academy of Sciences.

   Inserted: (4) Secretary.--The term "Secretary" means the Secretary of the Interior (or a designee of the Secretary of the Interior), acting through the Director of the Bureau of Land Management (or any successor organization) in consultation with the Director of the United States Fish and Wildlife Service (or any successor organization).

   Inserted: SEC. 202. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.

   Inserted: (a) In General.--Subject to subsection (b), the Secretary shall take such actions as are necessary--

   Inserted: (1) to establish and implement, in accordance with this title, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; and

   Inserted: (2) to administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that--

   Inserted: (A) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant permanent and irreversible adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment; and

   Inserted: (B) require the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.

   Inserted: (b) Administration.--None of the provisions of this title (including regulations, terms, conditions, restrictions, prohibitions, stipulations, and other provisions determined by the Secretary to be necessary under this title) shall limit the ability of a lessee--

   Inserted: (1) to create jobs; or

   Inserted: (2) to conduct, to the maximum extent practicable, any of the activities required to fully and completely explore, develop, and produce oil and gas resources under a lease.

   Inserted: (c) Repeal.--

   Inserted: (1) Repeal.--Section 1003 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3143) is repealed.

   Inserted: (2) Conforming amendment.--The table of contents contained in section 1 of that Act (16 U.S.C. 3101 note) is amended by striking the item relating to section 1003.

   Inserted: (d) Compliance With Requirements Under Certain Other Laws.--

   Inserted: (1) Compatibility.--For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.)--

   Inserted: (A) the oil and gas pre-leasing and leasing program, and activities authorized by this section in the Coastal Plain, shall be considered to be compatible with the purposes for which the Arctic National Wildlife Refuge was established; and

   Inserted: (B) no further findings or decisions shall be required to implement that program and those activities.

   Inserted: (2) Adequacy of the department of the interior's legislative environmental impact statement.--The Final Statement shall be considered to satisfy the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that apply with respect to pre-leasing activities, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this title before the conduct of the first lease sale.

   Inserted: (3) Compliance with nepa for other actions.--

   Inserted: (A) In general.--Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the actions authorized by this title that are not referred to in paragraph (2).

   Inserted: (B) Identification and analysis.--Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not be required--

   Inserted: (i) to identify nonleasing alternative courses of action; or

   Inserted: (ii) to analyze the environmental effects of those courses of action.

   Inserted: (C) Identification of preferred action.--Not later than 18 months after the date of enactment of this Act, the Secretary shall--

   Inserted: (i) identify only a preferred action and a single leasing alternative for the first lease sale authorized under this title; and

   Inserted: (ii) only analyze the environmental effects and potential mitigation measures for those 2 alternatives.

   Inserted: (D) Public comments.--In carrying out this paragraph, the Secretary shall consider only public comments that are filed not later than 10 days after the date of publication of a draft environmental impact statement.

   Inserted: (E) Effect of compliance.--Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title.

   Inserted: (e) Relationship to State and Local Authority.--Nothing in this title expands or limits any State or local regulatory authority.

   Inserted: (f) Special Areas.--

   Inserted: (1) Designation.--

   Inserted: (A) In general.--The Secretary, after consultation with the State of Alaska, the North Slope Borough, Alaska, and the City of Kaktovik, Alaska, may designate not more than 45,000 acres of the Coastal Plain as a special area if the Secretary determines that the special area is of such unique character and interest as to require special management and regulatory protection.

   Inserted: (B) Sadlerochit spring area.--The Secretary shall designate as a special area in accordance with subparagraph (A) the Sadlerochit Spring area, comprising approximately 4,000 acres.

   Inserted: (2) Management.--The Secretary shall manage each special area designated under this subsection in a manner that preserves the unique and diverse character of the area, including fish, wildlife, subsistence resources, and cultural values of the area.

   Inserted: (3) Exclusion from leasing or surface occupancy.--

   Inserted: (A) In general.--The Secretary may exclude any special area designated under this subsection from leasing.

   Inserted: (B) No surface occupancy.--If the Secretary leases all or a portion of a special area for the purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the land comprising the special area.

   Inserted: (4) Directional drilling.--Notwithstanding any other provision of this subsection, the Secretary shall lease any portion of a special area for which there is commercial demand for oil and gas exploration, development, and production (as determined under section 203) under terms that permit the use of horizontal drilling technology from sites on leases located outside the special area.

   Inserted: (g) Limitation on Closed Areas.--The sole authority of the Secretary to close land within the Coastal Plain to oil and gas leasing or to exploration, development, or production shall be the authority provided under this title.

   Inserted: (h) Regulations.--

   Inserted: (1) In general.--Subject to subsection (b), not later than 15 months after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to carry out this title, including rules and regulations relating to protection of the fish and wildlife, fish and wildlife habitat, and subsistence resources of the Coastal Plain.

   Inserted: (2) Revision of regulations.--The Secretary may, through a rulemaking conducted in accordance with section 553 of title 5, United States Code, periodically review and, if appropriate, revise the regulations issued under paragraph (1) to reflect a preponderance of the best available scientific evidence that is peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures.

   Inserted: SEC. 203. LEASE SALES.

   Inserted: (a) In General.--Land may be leased pursuant to this title 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.).

   Inserted: (b) Procedures.--Not later than 180 days after the date of enactment of this Act, the Secretary shall, by regulation, establish procedures for--

   Inserted: (1) the quarterly 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;

   Inserted: (2) the holding of lease sales after that nomination process; and

   Inserted: (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.

   Inserted: (c) Lease Sale Bids.--Lease sales under this title may be conducted through an Internet leasing program, if the Secretary determines that the program will result in--

   Inserted: (1) savings to the taxpayer;

   Inserted: (2) an increase in the number of bidders participating; and

   Inserted: (3) higher returns than oral bidding or a sealed bidding system.

   Inserted: (d) Acreage Minimum in First Sale.--For the first lease sale under this title, 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.

   Inserted: (e) Timing of Lease Sales.--

   Inserted: (1) In general.--Subject to paragraph (2), the Secretary shall--

   Inserted: (A) not later than 22 months after the date of enactment of this Act, conduct the first lease sale under this title;

   Inserted: (B) offer for lease under this title not less than an additional 50,000 acres at 6-, 12-, and 18-month intervals following the first lease sale conducted under subparagraph (A);

   Inserted: (C) conduct additional sales at appropriate intervals, that are not less frequent than quarterly, if sufficient interest in exploration or development exists to warrant the conduct of the additional sales; and

   Inserted: (D) evaluate bids for each sale and issue leases resulting from the sales, not later than 60 days after the date of the completion of the sale.

   Inserted: (2) Administration.--Nothing in paragraph (1) shall prevent the Secretary from issuing a lease during the 60-day period beginning on the date of the completion of a lease sale.

   Inserted: SEC. 204. GRANT OF LEASES BY THE SECRETARY.

   Inserted: (a) In General.--On payment by a lessee of such bonus as may be accepted by the Secretary, the Secretary shall grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 203 a lease for any land on the Coastal Plain.

   Inserted: (b) Subsequent Transfers.--

   Inserted: (1) In general.--No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary.

   Inserted: (2) Approval or denial.--

   Inserted: (A) In general.--Not later 30 days after the date a lessee requests approval for a transfer under paragraph (1), the Secretary shall--

   Inserted: (i) approve or deny the request; and

   Inserted: (ii) announce the decision.

   Inserted: (B) Constructive approval.--If the Secretary does not announce the approval or denial of a request for a transfer in accordance with subparagraph (A), the request shall be considered approved.

   Inserted: (3) Condition for approval.--Before granting any approval described in paragraph (1), the Secretary shall consult with and give due consideration to the opinion of the Attorney General.

   Inserted: SEC. 205. LEASE TERMS AND CONDITIONS.

   Inserted: (a) In General.--Subject to section 202(b) and subsection (b), an oil or gas lease issued pursuant to this title shall--

   Inserted: (1) provide for the payment of a royalty of not less than 12 \1/2\ percent of the amount or value of the production removed or sold from the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and gas leases;

   Inserted: (2) provide that the Secretary may close, on a seasonal basis, for a period of not more than 60 days, such portions of the Coastal Plain to exploratory drilling activities as are necessary to protect caribou calving areas and other species of fish and wildlife based on a preponderance of the best available scientific evidence that is peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures;

   Inserted: (3) require that each lessee of land within the Coastal Plain shall be fully responsible and liable for the reclamation of land within the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities within the Coastal Plain conducted by the lessee or by any of the subcontractors or agents of the lessee;

   Inserted: (4) provide that the lessee may not delegate or convey, by contract or otherwise, that reclamation responsibility and liability to another person without the express written approval of the Secretary;

   Inserted: (5) provide that the standard of reclamation for land required to be reclaimed under this title shall be, to the extent practicable--

   Inserted: (A) a condition capable of supporting the uses that the land was capable of supporting prior to any exploration, development, or production activities; or

   Inserted: (B) upon application by the lessee, to a higher or better standard, as approved by the Secretary;

   Inserted: (6) contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 202(a); and

   Inserted: (7) contain such other provisions as the Secretary determines to be necessary to ensure compliance with this title and regulations issued under this title.

   Inserted: (b) Approval or Denial.--

   Inserted: (1) In general.--Not later 30 days after the date a lessee requests approval for a delegation or conveyance under subsection (a)(4), the Secretary shall--

   Inserted: (A) approve or deny the request; and

   Inserted: (B) announce the decision.

   Inserted: (2) Constructive approval.--If the Secretary does not announce the approval or denial of a request for a delegation or conveyance in accordance with paragraph (1), the request shall be considered approved.

   Inserted: SEC. 206. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

   Inserted: (a) No Significant Adverse Effect Standard to Govern Authorized Coastal Plain Activities.--In accordance with section 202, the Secretary shall administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, or other provisions that--

   Inserted: (1) ensure, to the maximum extent practicable, that oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant permanent and irreversible adverse effect on fish and wildlife, fish and wildlife habitat, and the environment;

   Inserted: (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

   Inserted: (3) ensure that the maximum surface acreage covered in connection with the leasing program by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 10,000 acres on the Coastal Plain for each 100,000 acres of area leased.

   Inserted: (b) Site-specific Assessment and Mitigation.--The Secretary shall require, with respect to any proposed drilling and related activities on the Coastal Plain, that--

   Inserted: (1) a site-specific environmental analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, fish and wildlife habitat, subsistence resources, subsistence uses, and the environment;

   Inserted: (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the maximum extent practicable) any significant permanent and irreversible adverse effect identified under paragraph (1); and

   Inserted: (3) the development of the plan occur after consultation with each agency having jurisdiction over matters mitigated by the plan.

   Inserted: (c) Regulations To Protect Coastal Plain Fish and Wildlife Resources, Subsistence Users, and the Environment.--Not later than 180 days after the date of enactment of this Act, subject to section 202(b), the Secretary shall prepare and issue regulations, lease terms, conditions, restrictions, prohibitions, stipulations, or other measures designed to ensure, to the maximum extent practicable, that the activities carried out on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title.

   Inserted: (d) Compliance With Federal and State Environmental Laws and Other Requirements.--Subject to section 202(b), the proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require--

   Inserted: (1) compliance with all applicable provisions of Federal and State environmental law (including regulations);

   Inserted: (2) implementation of and compliance with--

   Inserted: (A) standards that are at least as effective as the safety and environmental mitigation measures, as described in items 1 through 29 on pages 167 through 169 of the Final Statement, on the Coastal Plain;

   Inserted: (B) seasonal limitations on exploration, development, and related activities, as necessary, to avoid significant permanent and irreversible adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration based on the best available scientific evidence that is peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures;

   Inserted: (C) design safety and construction standards for all pipelines and any access and service roads that minimize, to the maximum extent practicable, significant permanent and irreversible adverse effects on--

   Inserted: (i) the passage of migratory species (such as caribou); and

   Inserted: (ii) the flow of surface water by requiring the use of culverts, bridges, or other structural devices;

   Inserted: (D) prohibitions on general public access to, and use of, all pipeline access and service roads;

   Inserted: (E) stringent reclamation and rehabilitation requirements in accordance with this title for the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment on completion of oil and gas production operations, except in a case in which the Secretary determines that those facilities, structures, or equipment--

   Inserted: (i) would assist in the management of the Arctic National Wildlife Refuge; and

   Inserted: (ii) are donated to the United States for that purpose;

   Inserted: (F) appropriate prohibitions or restrictions on--

   Inserted: (i) access by all modes of transportation;

   Inserted: (ii) sand and gravel extraction; and

   Inserted: (iii) use of explosives;

   Inserted: (G) reasonable stipulations for protection of cultural and archaeological resources;

   Inserted: (H) reasonable measures to protect groundwater and surface water, including--

   Inserted: (i) avoidance, to the maximum extent practicable, of springs, streams, and river systems;

   Inserted: (ii) the protection of natural surface drainage patterns and wetland and riparian habitats; and

   Inserted: (iii) the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling; and

   Inserted: (I) research, monitoring, and reporting requirements;

   Inserted: (3) that exploration activities (except surface geological studies) be limited to the period between approximately November 1 and May 1 of each year and be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods (except that those exploration activities may be permitted at other times if the Secretary determines that the exploration will have no significant permanent and irreversible adverse effect on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment of the Coastal Plain);

   Inserted: (4) consolidation of facility siting;

   Inserted: (5) avoidance or reduction of air traffic-related disturbance to fish and wildlife;

   Inserted: (6) treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including, in accordance with applicable Federal and State environmental laws (including regulations)--

   Inserted: (A) preparation of an annual waste management report;

   Inserted: (B) development and implementation of a hazardous materials tracking system; and

   Inserted: (C) prohibition on the use of chlorinated solvents;

   Inserted: (7) fuel storage and oil spill contingency planning;

   Inserted: (8) conduct of periodic field crew environmental briefings;

   Inserted: (9) avoidance of significant adverse effects on subsistence hunting, fishing, and trapping by subsistence users;

   Inserted: (10) compliance with applicable air and water quality standards;

   Inserted: (11) appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited; and

   Inserted: (12) development and implementation of such other protective environmental requirements, restrictions, terms, or conditions as the Secretary, determines to be necessary.

   Inserted: (e) Considerations.--In preparing and issuing regulations, lease terms, conditions, restrictions, prohibitions, or stipulations under this section, the Secretary shall take into consideration--

   Inserted: (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;

   Inserted: (2) the environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 through 37.33 of title 50, Code of Federal Regulations (or successor regulations); and

   Inserted: (3) the land use stipulations for exploratory drilling on the KIC-ASRC private land described in Appendix 2 of the agreement between Arctic Slope Regional Corporation and the United States dated August 9, 1983.

   Inserted: (f) Facility Consolidation Planning.--

   Inserted: (1) In general.--After providing for public notice and comment, the Secretary shall prepare and periodically update a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of oil and gas resources from the Coastal Plain.

   Inserted: (2) Objectives.--The objectives of the plan shall be--

   Inserted: (A) the avoidance of unnecessary duplication of facilities and activities;

   Inserted: (B) the encouragement of consolidation of common facilities and activities;

   Inserted: (C) the location or confinement of facilities and activities to areas that will minimize impact on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment;

   Inserted: (D) the use of existing facilities, to the maximum extent practicable; and

   Inserted: (E) the enhancement of compatibility between wildlife values and development activities.

   Inserted: (g) Access to Public Land.--The Secretary shall--

   Inserted: (1) manage public land in the Coastal Plain in accordance with subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and

   Inserted: (2) ensure that local residents shall have reasonable access to public land in the Coastal Plain for traditional uses.

   Inserted: SEC. 207. EXPEDITED JUDICIAL REVIEW.

   Inserted: (a) Filing of Complaints.--

   Inserted: (1) Deadline.--A complaint seeking judicial review-- (A) of a provision of this title shall be filed by not later than 1 year after the date of enactment of this Act; or (B) of any action of the Secretary under this title shall be filed--

   Inserted: (i) except as provided in subparagraph (B), during the 90-day period beginning on the date on which the action being challenged was carried out; or

   Inserted: (ii) in the case of a complaint based solely on grounds arising after the 90-day period described in subparagraph (A), during the 90-day period beginning on the date on which the complainant knew or reasonably should have known about the grounds for the complaint.

   Inserted: (2) Venue.--A complaint seeking judicial review of a provision of this title or an action of the Secretary under this title shall be filed in the United States Court of Appeals for the District of Columbia.

   Inserted: (3) Scope.--

   Inserted: (A) In general.--Judicial review of a decision of the Secretary under this title (including an environmental analysis of such a lease sale) shall be--

   Inserted: (i) limited to a review of whether the decision is in accordance with this title; and

   Inserted: (ii) based on the administrative record of the decision.

   Inserted: (B) Presumptions.--Any identification by the Secretary of a preferred course of action relating to a lease sale, and any analysis by the Secretary of environmental effects, under this title shall be presumed to be correct unless proven otherwise by clear and convincing evidence.

   Inserted: (b) Limitation on Other Review.--Any action of the Secretary that is subject to judicial review under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.

   Inserted: (c) Limitation on Attorneys' Fees and Court Costs.--No person seeking judicial review of any action under this title shall receive payment from the Federal Government for attorneys' fees and other court costs under any provision of law, including under any amendment made by the Equal Access to Justice Act (5 U.S.C. 504 note; Public Law 96 481).

   Inserted: SEC. 208. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN.

   Inserted: For purposes of section 1102(4)(A) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3162(4)(A)), any rights-of-way or easements across the Coastal Plain for the exploration, development, production, or transportation of oil and gas shall be considered to be established incident to the management of the Coastal Plain under this section.

   Inserted: SEC. 209. CONVEYANCE.

   Inserted: In order to maximize revenue to the Federal Government, notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on title to land, and to clarify land ownership patterns in the Coastal Plain, the Secretary shall--

   Inserted: (1) to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), as determined by the Secretary, convey to that Corporation the surface estate of the land described in paragraph (1) of Public Land Order 6959, in accordance with the terms and conditions of the agreement between the Secretary, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation, dated January 22, 1993; and

   Inserted: (2) convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under the agreement between that corporation and the United States, dated August 9, 1983.

   Inserted: SEC. 210. PROHIBITION ON EXPORTS.

   Inserted: An oil or gas lease issued under this title shall prohibit the exportation of oil or gas produced under the lease.

   Inserted: SEC. 211. ALLOCATION OF REVENUES.

   Inserted: Notwithstanding the Mineral Leasing Act (30 U.S.C. 181 et seq.) or any other provision of law, of the adjusted bonus, rental, and royalty receipts from Federal oil and gas leasing and operations authorized under this title:

   Inserted: (1) 50 percent shall be deposited in the general fund of the Treasury.

   Inserted: (2) 50 percent shall be disbursed to the State of Alaska.

   Inserted: TITLE III--OIL SHALE

   Inserted: SEC. 301. FINDINGS.

   Inserted: Congress finds that--

   Inserted: (1) the Office of Naval Petroleum and Oil Shale Reserves at the Department of Energy has estimated that oil shale resources located on Federal land hold approximately 2,000,000,000,000 recoverable barrels of oil;

   Inserted: (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;

   Inserted: (3) the development of oil shale for research and commercial development should be conducted--

   Inserted: (A) in an environmentally sound manner;

   Inserted: (B) using practices that minimize the impacts of the development;

   Inserted: (C) with an emphasis on sustainability; and

   Inserted: (D) in a manner that benefits the United States while taking into account affected States and communities;

   Inserted: (4) oil shale is 1 of the best resources available for advancing technology and creating jobs in the United States; and

   Inserted: (5) oil shale will be a critically important component of the transportation fuel sector by providing a secure domestic source of aviation fuel for commercial and military uses.

   Inserted: SEC. 302. DEFINITION OF SECRETARY.

   Inserted: In this title, the term "Secretary" means the Secretary of the Interior.

   Inserted: SEC. 303. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISIONS.

   Inserted: (a) Regulations.--

   Inserted: (1) In general.--Notwithstanding any other provision of law, the final rule entitled "Oil Shale Management--General" (73 Fed. Reg. 69414 (November 18, 2008)) shall be considered to satisfy all legal and procedural requirements of applicable law, including--

   Inserted: (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

   Inserted: (B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

   Inserted: (C) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

   Inserted: (D) the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.) and amendments made by that Act.

   Inserted: (2) Implementation.--The Secretary shall implement the regulations described in paragraph (1) (including the oil shale and oil sands leasing program authorized by the regulations) without regard to any other administrative requirements.

   Inserted: (b) Resource Management Plan and Record of Decision.--

   Inserted: (1) Definition of covered oil shale and leasing program.--In this subsection, the term "covered oil shale and leasing program" means the oil shale and leasing program established by--

   Inserted: (A) the programmatic environmental impact statement for commercial leasing for oil and tar sand development in Colorado, Utah, and Wyoming issued by the Bureau of Land Management during September 2008; and

   Inserted: (B) the Record of Decision that adopted the proposed land use amendments issued by the Bureau of Land Management on November 17, 2008.

   Inserted: (2) Requirements.--Notwithstanding any other provision of law, the covered oil shale and leasing program shall be considered to satisfy all legal and procedural requirements of applicable law, including the provisions of law described in subsection (a)(1).

   Inserted: (3) Implementation.--The Secretary shall implement the covered oil shale and leasing program without regard to any other administrative requirements.

   Inserted: SEC. 304. LEASE SALES.

   Inserted: (a) Additional Research and Development Lease Sales.--Not later than 180 days after the date of enactment of this Act, the Secretary shall hold a lease sale in which the Secretary shall offer an additional 10 parcels for lease for research, development, and demonstration of oil shale resources in accordance with the terms offered in the solicitation of bids for the leases published on January 15, 2009 (74 Fed. Reg. 2611).

   Inserted: (b) Commercial Lease Sales.--

   Inserted: (1) In general.--Not later than January 1, 2016, the Secretary shall hold not less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale or oil sands development, as determined by the Secretary, in areas nominated through public comment.

   Inserted: (2) Administration.--Each lease sale shall be--

   Inserted: (A) for an area of not less than 25,000 acres; and

   Inserted: (B) in multiple lease blocs.

   Inserted: (c) Reduced Payments to Ensure Production.--If the Secretary determines that the royalties, fees, rentals, bonus bids, or other payments for leases of Federal land for the development and production of oil shale resources authorized by Federal law are hindering production of the oil shale resources, the Secretary may temporarily reduce the royalties, fees, rentals, bonus bids, or other payments to provide incentives for, and encourage the development of, the oil shale resources.

   Inserted: TITLE IV--ENERGY DEVELOPMENT AT MILITARY INSTALLATIONS

   Inserted: SEC. 401. ENERGY DEVELOPMENT AT MILITARY INSTALLATIONS.

   Inserted: Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended--

   Inserted: (1) in the first sentence of subsection (a), by striking "All money received" and inserting "Subject to subsection (d), all money received"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(d) Certain Sales, Bonuses, and Royalties.--

   Inserted: "(1) In general.--Of the amounts received under subsection (a), the Secretary of the Treasury shall transfer to the Secretary of Defense for each military installation that holds title to or occupies land on which oil and gas production is carried out, an amount equal to the total amount received from sales, bonuses, rentals, or royalties (including interest charges) from the production or leasing of shale gas on the land.

   Inserted: "(2) Use of funds.--Any amounts received by the Secretary of Defense under paragraph (1) shall be used to offset costs of military installations for--

   Inserted: "(A) administrative operations; and

   Inserted: "(B) the maintenance and repair of facilities and infrastructure of military installations.".

   Inserted: TITLE V--HYDRAULIC FRACTURING

   Inserted: SEC. 501. FINDINGS.

   Inserted: Congress finds that--

   Inserted: (1) hydraulic fracturing is a commercially viable practice that has been used in the United States for more than 60 years in more than 1,000,000 wells;

   Inserted: (2) the Ground Water Protection Council, a national association of State water regulators that is considered to be a leading groundwater protection organization in the United States, released a report finding that the "current State regulation of oil and gas activities is environmentally proactive and preventive";

   Inserted: (3) that report also concluded that "[a]ll oil and gas producing States have regulations which are designed to provide protection for water resources";

   Inserted: (4) a 2004 study by the Environmental Protection Agency, entitled "Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs", found no evidence of drinking water wells contaminated by fracture fluid from the fracked formation;

   Inserted: (5) a 2009 report by the Ground Water Protection Council, entitled "State Oil and Natural Gas Regulations Designed to Protect Water Resources", found a "lack of evidence" that hydraulic fracturing conducted in both deep and shallow formations presents a risk of endangerment to ground water;

   Inserted: (6) a January 2009 resolution by the Interstate Oil and Gas Compact Commission stated "The states, who regulated production, have comprehensive laws and regulations to ensure operations are safe and to protect drinking water. States have found no verified cases of groundwater contamination associated with hydraulic fracturing.";

   Inserted: (7) on May 24, 2011, before the Oversight and Government Reform Committee of the House of Representatives, Lisa Jackson, the Administrator of the Environmental Protection Agency, testified that she was "not aware of any proven case where the fracking process itself has affected water";

   Inserted: (8) in 2011, Bureau of Land Management Director Bob Abbey stated, "We have not seen evidence of any adverse effect as a result of the use of the chemicals that are part of that fracking technology.";

   Inserted: (9)(A) activities relating to hydraulic fracturing (such as surface discharges, wastewater disposal, and air emissions) are already regulated at the Federal level under a variety of environmental statutes, including portions of--

   Inserted: (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

   Inserted: (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and

   Inserted: (iii) the Clean Air Act (42 U.S.C. 7401 et seq.); but

   Inserted: (B) Congress has continually elected not to include the hydraulic fracturing process in the underground injection control program under the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

   Inserted: (10) in 2011, the Secretary of the Interior announced the intention to promulgate new Federal regulations governing hydraulic fracturing on Federal land; and

   Inserted: (11) a February 2012 study by the Energy Institute at the University of Texas at Austin entitled "Fact-Based Regulation for Environmental Protection in Shale Gas Development" found that "[n]o evidence of chemicals from hydraulic fracturing fluid has been found in aquifers as a result of fracturing operations.".

   Inserted: SEC. 502. DEFINITION OF FEDERAL LAND.

   Inserted: In this title, the term "Federal land" means--

   Inserted: (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));

   Inserted: (2) National Forest System land;

   Inserted: (3) land under the jurisdiction of the Bureau of Reclamation;

   Inserted: (4) land under the jurisdiction of the Corps of Engineers; and

   Inserted: (5) Indian lands (as defined in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302)).

   Inserted: SEC. 503. STATE AUTHORITY.

   Inserted: (a) In General.--A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any component of that process, relating to oil, gas, or geothermal production activities on or under any land within the boundaries of the State.

   Inserted: (b) Federal Land.--The underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any components of that process, relating to oil, gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.

   Original wording

   Strike all after the enacting clause and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed