I
112th CONGRESS
1st Session
H. R. 2983
IN THE HOUSE OF REPRESENTATIVES
September 21, 2011
Mrs. Capito introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, Ways and Means, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Outer Continental Shelf Lands Act to require the Secretary of the Interior to conduct offshore oil and gas leasing, to deposit use revenues from such activity into the Inland Waterways Trust Fund and the Highway Trust Fund, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the Rebuilding American Roads
Act
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—Offshore Leasing and Other Energy Provisions
Subtitle A—Offshore Leasing
Sec. 101. Leasing program considered approved.
Sec. 102. Lease sales.
Sec. 103. Seaward boundaries of States.
Sec. 104. Military operations.
Sec. 105. Coordination with Adjacent States.
Sec. 106. Gulf of Mexico oil and gas.
Sec. 107. Use of revenues.
Sec. 108. Inventory of offshore energy resources.
Sec. 109. Prohibitions on surface occupancy and other appropriate environmental safeguards.
Subtitle B—Expedited Judicial Review
Sec. 121. Definitions.
Sec. 122. Exclusive jurisdiction over causes and claims relating to covered oil and natural gas activities.
Sec. 123. Time for filing petition; standing.
Sec. 124. Timetable.
Sec. 125. Limitation on scope of review and relief.
Sec. 126. Presidential waiver.
Sec. 127. Legal fees.
Sec. 128. Exclusion.
Subtitle C—Other Energy Provisions
Sec. 131. Policies regarding buying and building American.
Offshore Leasing and Other Energy Provisions
Offshore Leasing
Leasing program considered approved
In general
The Draft Proposed Outer Continental Shelf Oil and Gas
Leasing Program 2010–2015 issued by the Secretary of the Interior (referred to
in this section as the Secretary
) under section 18 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1344) is considered to have been
approved by the Secretary as a final oil and gas leasing program under that
section, and is considered to be in full compliance with and in accordance with
all requirements of the Outer Continental Shelf Lands Act.
Final environmental impact statement
The Secretary is considered to have issued a final environmental impact statement for the program described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
Correction of dates
The Secretary of the Interior shall update the dates and deadlines proscribed in the program described in subsection (a) to reflect the time that has passed between the date the program was issued and the date of enactment of this Act.
Lease sales
Outer Continental Shelf
In general
Except as provided in paragraph (2), not later than 30
days after the date of enactment of this Act and every 270 days thereafter, the
Secretary of the Interior (referred to in this section as the
Secretary
) shall conduct a lease sale in each outer Continental
Shelf planning area for which the Secretary determines that there is a
commercial interest in purchasing Federal oil and gas leases for production on
the outer Continental Shelf.
Subsequent determinations and sales
If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this subsection, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall—
determine whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and
if the Secretary determines that there is a commercial interest described in paragraph (1), conduct a lease sale in the planning area.
Seaward boundaries of States
Seaward boundaries
Section 4 of the Submerged Lands Act (43 U.S.C. 1312)
is amended by striking three geographical miles
each place it
appears and inserting 9 nautical miles
.
Conforming amendments
Section 2 of the Submerged Lands Act (43 U.S.C. 1301) is amended—
in subsection
(a)(2), by striking three geographical miles
and inserting
9 nautical miles
; and
in subsection (b)—
by striking
three geographical miles
and inserting 9 nautical
miles
; and
by striking
three marine leagues
and inserting 9 nautical
miles
.
Effect of amendments
In general
Subject to paragraphs (2) through (4), the amendments made by this section shall not effect Federal oil and gas mineral rights and should not effect the States’ current authority within existing State boundaries.
Existing leases
The amendments made by this section shall not affect any Federal oil and gas lease in effect on the date of enactment of this Act.
Taxation
In general
A State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this section).
Limitation
Nothing in this paragraph affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act.
Military operations
The Secretary shall consult with the Secretary of Defense regarding military operations needs in the Outer Continental Shelf. The Secretary shall work with the Secretary of Defense to resolve any conflicts that might arise between such operations and leasing under this title. If the Secretaries are unable to resolve all such conflicts, any unresolved issues shall be referred by the Secretaries to the President in a timely fashion for immediate resolution.
Coordination with Adjacent States
Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 1345) is amended—
in subsection (a)
in the first sentence by inserting , for any tract located within the
Adjacent State’s Adjacent Zone,
after government
;
and
by adding the following:
Prior to issuing a permit or approval for the construction of a pipeline to transport crude oil, natural gas or associated liquids production withdrawn from oil and gas leases on the outer Continental Shelf, a Federal agency must seek the concurrence of the Adjacent State if the pipeline is to transit the Adjacent State’s Adjacent Zone between the outer Continental Shelf and landfall. No State may prohibit construction of such a pipeline within its Adjacent Zone or its State waters. However, an Adjacent State may require routing of such a pipeline to one of two alternate landfall locations in the Adjacent State, designated by the Adjacent State, located within 60 miles on either side of a proposed landfall location.
In this subsection:
The term Adjacent State means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. For purposes of this subparagraph, the term State includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and the other territories of the United States.
The term Adjacent Zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States.
.
Gulf of Mexico oil and gas
Repeal
Section 104 of division C of the Tax Relief and Health Care Act of 2006 (Public Law 109–432; 120 Stat. 3003) is repealed.
leasing plan for the Eastern Gulf of Mexico
Pursuant to sections 101 and 102 of this Act, the Secretary of the Interior shall issue a final leasing plan for the Eastern Gulf of Mexico within 180 days after the date of enactment of this Act for all areas where there exists commercial interest in purchasing Federal oil and gas leases for production.
Use of revenues
In general
Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)) is amended—
in paragraph (2)
by striking Notwithstanding
and inserting Except as
provided in paragraph (6), and notwithstanding
;
by redesignating paragraphs (6) and (7) as paragraphs (7) and (8); and
by inserting after paragraph (5) the following:
Bonus bids, royalties, rentals, and other sums under qualified leases
In general
Of the amounts received by the United States as bonus bids, royalties, rentals, and other sums collected under any new qualified lease on submerged lands made available for leasing under this Act by the enactment of the Rebuilding American Roads Act—
4 percent shall be available to the Secretary of the Interior for coordination of cleanup and inspection of tracts leased under this Act;
$500,000,000 shall be deposited each fiscal year into the Inland Waterways Trust Fund for maintenance and construction along the inland waterway system; and
the remainder shall be deposited into the Highway Trust Fund and used for maintenance and construction of highways, bridges, and tunnels.
Qualified lease defined
In this paragraph the term qualified lease means a natural gas or oil lease made available under this Act granted after the date of the enactment of the Rebuilding American Roads Act, for an area that is available for leasing as a result of enactment of section 101 of that Act.
Application
This paragraph shall apply to bonus bids and royalties received by the United States under qualified leases after implementation of sections 105 and 106 of the Rebuilding American Roads Act.
Existing revenues
All revenues, including bonus bids, royalties, rentals, and other sums, collected from leases issued under this Act prior to the enactment Rebuilding American Roads Act, shall not be affected by the provisions of that Act.
.
Establishment of State Seaward Boundaries
Section 4(a)(2)(A) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the first
sentence by striking , and the President
and all that follows
through the end of the sentence and inserting the following: . Such
extended lines are deemed to be as indicated on the maps for each Outer
Continental Shelf region entitled
.Alaska Outer Continental Shelf Region
State Adjacent Zone and Outer Continental Shelf Planning Areas
,
Pacific Outer Continental Shelf Region State Adjacent Zones and Outer
Continental Shelf Planning Areas
, Gulf of Mexico Outer
Continental Shelf Region State Adjacent Zones and Outer Continental Shelf
Planning Areas
, and Atlantic Outer Continental Shelf Region
State Adjacent Zones and Outer Continental Shelf Planning Areas
, all of
which are dated September 2005 and on file in the Office of the Director,
Minerals Management Service. The preceding sentence shall not apply with
respect to the treatment under section 105 of the Gulf of Mexico Energy
Security Act of 2006 (title I of division C of Public Law 109–432) of qualified
outer Continental Shelf revenues deposited and disbursed under subsection
(a)(2) of that section.
Inventory of offshore energy resources
In general
The Secretary of the Interior (in this section referred
to as the Secretary
) shall promptly prepare an inventory of
offshore energy resources of the United States, including through conduct of
geological and geophysical explorations by private industry in all of the
United States outer Continental Shelf areas of the Atlantic Ocean and the
Pacific Ocean under part 251 of title 30, Code of Federal Regulations (or
successor regulations).
Environmental studies
Not later than 180 days after the date of enactment of this Act, the Secretary shall complete any environmental studies necessary to gather information essential to an accurate inventory, including geological and geophysical explorations under part 251 of title 30, Code of Federal Regulations (or successor regulations).
Effect on oil and gas leasing
No inventory that is conducted under this section or any other Federal law (including regulations) shall restrict, limit, delay, or otherwise adversely affect—
the development of any Outer Continental Shelf leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344); or
any leasing, exploration, development, or production of any Federal offshore oil and gas leases.
Funding
In general
Notwithstanding paragraph (6) of section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)), as amended by this Act, the Secretary of the Treasury shall make a 1-time transfer to the Secretary, without further appropriation and from royalties collected by the United States in conjunction with the production of oil and gas, of such sums as are necessary for the Secretary to carry out this section.
Limitation
The amount transferred under paragraph (1) shall not exceed $50,000,000.
Relationship to other law
Paragraph (6) of section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)), as amended by this Act, shall be applied with respect to amounts remaining after the transfer required by this subsection.
Prohibitions on surface occupancy and other appropriate environmental safeguards
Regulations
In general
environmental safeguards
The Secretary of the Interior shall promulgate regulations that establish appropriate environmental safeguards for the exploration and production of oil and natural gas on the outer Continental Shelf.
Safety protocols
All operations, including under any permit issued pursuant to an application for a permit to drill or an application for a permit to sidetrack, that has been approved by the Minerals Management Service or the Bureau of Ocean Energy Management, Regulation and Enforcement, for purposes of outer Continental Shelf energy exploration or development and production, shall be carried out in accordance with the safety protocols contained in part 250 of title 30, Code of Federal Regulations.
Requirements
The regulations shall include provisions ensuring that—
no surface facility shall be installed for the purpose of production of oil or gas resources in any area that is within 10 miles from the shore of any coastal State, in any area of the outer Continental Shelf that has not previously been made available for oil and gas leasing;
only temporary surface facilities are installed for areas that are located—
beyond 10 miles from the shore from the shore of any coastal State, in any area of the Outer Continental Shelf that has not previously been made available for oil and gas leasing; and
not more than 20 miles from the shore;
the impact of offshore production facilities on coastal vistas is otherwise mitigated; and
onshore facilities that are able to draw upon the resources of the outer Continental Shelf within 10 miles of shore are allowed.
Conforming amendment
Section 105 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109–54;
119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432)) is amended by
inserting and any other area that the Secretary of the Interior may
offer for leasing, preleasing, or any related activity under section 104 of
that Act
after 2006)
.
Expedited Judicial Review
Definitions
In this subtitle:
Authorizing leasing statute
The term authorizing leasing statute means the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), and any other law of the United States directing or authorizing the leasing of Federal lands for oil and gas production or transmission.
Covered oil and natural gas activity
The term covered oil and natural gas activity means—
the leasing of any lands pursuant to an authorizing leasing statute for the exploration, development, production, processing, or transmission of oil, natural gas, or associated hydrocarbons, including actions or decisions relating to the selection of which lands may or shall be made available for such leasing; and
any activity taken or proposed to be taken pursuant or in relation to such leases, including their suspension, and any environmental analyses relating to such activity.
Exclusive jurisdiction over causes and claims relating to covered oil and natural gas activities
Notwithstanding any other provision of law, any Federal action approving any covered oil and natural gas activity shall be subject to judicial review only—
in the United States Court of Appeals for the District of Columbia Circuit; and
after the person filing a petition seeking such judicial review has exhausted all available administrative remedies with respect to such Federal action.
Time for filing petition; standing
In general
All petitions referred to in section 122 must be filed within 30 days after the latter of the challenged Federal action or the exhaustion of all available administrative remedies with respect to such Federal action. A claim or challenge shall be barred unless it is filed within the time specified.
Standing
No person whose legal rights will not be directly and adversely affected by the challenged action, and who is not within the zone of interest protected by each Act under which the challenge is brought, shall have standing to file any petition referred to in section 122.
Timetable
The United States Court of Appeals for the District of Columbia Circuit shall complete all judicial review, including rendering a judgment, before the end of the 120-day period beginning on the date on which a petition referred to in section 122 is filed, unless all parties to such proceeding agree to an extension of such period.
Limitation on scope of review and relief
Administrative findings and conclusions
In any judicial review referred to in section 122, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record.
Limitation on prospective relief
In any judicial review referred to in section 122, the Court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation concerned.
Presidential waiver
Notwithstanding any other provision of law, the President may waive any legal requirement relating to the approval of any covered oil and natural gas activity if the President determines in the President’s sole discretion that such activity is important to the national interest and outweighs such legal requirement.
Legal fees
Any person filing a petition referred to in section 122 who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust.
Exclusion
Section 122 shall not apply to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof.
Other Energy Provisions
Policies regarding buying and building American
Intent of congress
It is the intent of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America’s workforce to assist in the development of energy from domestic sources. Moreover, the Congress intends to monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.
Safeguard for extraordinary ability
Section 30(a) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the matter preceding
paragraph (1) by striking regulations which
and inserting
regulations that shall be supplemental and complimentary with and under
no circumstances a substitution for the provisions of the Constitution and laws
of the United States extended to the subsoil and seabed of the outer
Continental Shelf pursuant to section 4 of this Act, except insofar as such
laws would otherwise apply to individuals who have extraordinary ability in the
sciences, arts, education, or business, which has been demonstrated by
sustained national or international acclaim, and that
.
Work standards
All construction, repair, or alteration of public buildings and public works of the Government and buildings or works financed or otherwise assisted in whole or in part under this Act by a loan, loan guarantee, grant, annual contribution, credit enhancement, or any other form of Federal assistance authorized under this Act shall be performed in accordance with the standards applicable to comparable activity under any other provision of law, without regard to the form or type of Federal assistance provided thereunder.