Committee Legislation

Bill Introduced Description
S.2346 May-15-14
STATUS: May 15, 2014.--Introduced. June 11, 2014--Mr. Cardin and Mr. Harkin added as cosponsors. June 25, 2014.--Mr. Brown added as cosponsor. June 26, 2014.--Ms. Mikulski added as cosponsor. July 23, 2014.--Hearing by subcommittee held. (56) S.2346 National Discovery Trails Act of 2014 (Introduced in Senate - IS) S 2346 IS 113th CONGRESS2d SessionS. 2346 To amend the National Trails System Act to include national discovery trails, and to designate the American Discovery Trail, and for other purposes. IN THE SENATE OF THE UNITED STATESMay 15, 2014 Mr. COONS (for himself and Mr. KIRK) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Trails System Act to include national discovery trails, and to designate the American Discovery Trail, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `National Discovery Trails Act of 2014'. SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS. (a) National Discovery Trails- Section 3(a) of the National Trails System Act (16 U.S.C. 1242(a)) is amended by inserting after paragraph (4) the following: `(5) National discovery trails, established under section 5, which will be extended, continuous, interstate trails so located as to provide for outstanding outdoor recreation and travel and to connect representative examples of America's trails and communities. National discovery trails should provide for the conservation and enjoyment of significant natural, cultural, and historic resources associated with each trail and should be so located as to represent metropolitan, urban, rural, and back country regions of the Nation. Any such trail may be designated on Federal lands and, with the consent of the owner thereof, on any non-Federal lands.'. (b) Designation of the American Discovery Trail as a National Discovery Trail- Section 5(a) of such Act (16 U.S.C. 1244(a)) is amended by adding at the end the following: `(31) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into two routes. The Northern Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route traverses Indiana, Illinois, Missouri, Kansas, and Colorado. After the two routes rejoin in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in Volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, the District of Columbia. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization and other affected Federal land managing agencies, and State and local governments, as appropriate. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the Federal Government solely for the American Discovery Trail. The provisions of sections 7(e), 7(f), and 7(g) shall not apply to the American Discovery Trail.'. (c) Comprehensive National Discovery Trail Plan- Section 7 of such Act (16 U.S.C. 1246) is further amended by adding at the end the following new subsection: `(l)(1) For purposes of subsection (5)(b), a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria: `(A) The trail must link one or more areas within the boundaries of a metropolitan area (as those boundaries are determined under section 134(c) of title 23, United States Code). It should also join with other trails, connecting the National Trails System to significant recreation and resources areas. `(B) The trail must be supported by at least one competent trailwide volunteer-based organization. Each trail should have extensive local and trailwide support by the public, by user groups, and by affected State and local governments. `(C) The trail must be extended and pass through more than one State. At a minimum, it should be a continuous, walkable route. `(2) The appropriate Secretary for each national discovery trail shall administer the trail in cooperation with at least one competent trailwide volunteer-based organization. Where the designation of discovery trail is aligned with other units of the National Trails System, or State or local trails, the designation of a discovery trail shall not affect the protections or authorities provided for the other trail or trails, nor shall the designation of a discovery trail diminish the values and significance for which those trails were established. Not later than three complete fiscal years after the date of the enactment of any law designating a national discovery trail, the appropriate Secretary shall submit a comprehensive plan for the protection, management, development, and use of the trail, to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The responsible Secretary shall ensure that the comprehensive plan for the entire trail does not conflict with existing agency direction and shall consult with the affected land managing agencies, the Governors of the affected States, affected county and local political jurisdictions, and local organizations maintaining components of the trail. Components of the comprehensive plan include-- `(A) policies and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity for critical segments of the trail and a plan for their implementation where appropriate; `(B) general and site-specific trail-related development including costs; and `(C) the process to be followed by the volunteer-based organization, in cooperation with the appropriate Secretary, to implement the trail marking authorities in subsection (c) conforming to approved trail logo or emblem requirements. Nothing in this Act may be construed to impose or permit the imposition of any landowner on the use of any non-Federal lands without the consent of the owner thereof. Neither the designation of a national discovery trail nor any plan relating thereto shall affect or be considered in the granting or denial of a right of way or any conditions relating thereto.'. SEC. 3. CONFORMING AMENDMENTS. The National Trails System Act is amended-- (1) in section 2(b) (16 U.S.C. 1241(b)), by striking `scenic and historic' and inserting `scenic, historic, and discovery'; (2) in the section heading to section 5 (16 U.S.C. 1244), by striking `AND NATIONAL HISTORIC' and inserting `, NATIONAL HISTORIC, AND NATIONAL DISCOVERY'; (3) in section 5(a) (16 U.S.C. 1244(a)), in the matter preceding paragraph (1)-- (A) by striking `and national historic' and inserting `, national historic, and national discovery'; and (B) by striking `and National Historic' and inserting `, National Historic, and National Discovery'; (4) in section 5(b) (16 U.S.C. 1244(b)), in the matter preceding paragraph (1), by striking `or national historic' and inserting `, national historic, or national discovery'; (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking `or national historic' and inserting `, national historic, or national discovery'; (6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking `and national historic' and inserting `, national historic, and national discovery'; (7) in section 7(b) (16 U.S.C. 1246(b)), by striking `or national historic' each place such term appears and inserting `, national historic, or national discovery'; (8) in section 7(c) (16 U.S.C. 1246(c))-- (A) by striking `scenic or national historic' each place it appears and inserting `scenic, national historic, or national discovery'; (B) in the second proviso, by striking `scenic, or national historic' and inserting `scenic, national historic, or national discovery'; and (C) by striking `, and national historic' and inserting `, national historic, and national discovery'; (9) in section 7(d) (16 U.S.C. 1246(d)), by striking `or national historic' and inserting `national historic, or national discovery'; (10) in section 7(e) (16 U.S.C. 1246(e)), by striking `or national historic' each place such term appears and inserting `, national historic, or national discovery'; (11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking `National Scenic or Historic Trail' and inserting `national scenic, historic, or discovery trail'; (12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking `or national historic' and inserting `national historic, or national discovery'; and (13) in section 7(i) (16 U.S.C. 1246(i)), by striking `or national historic' and inserting `national historic, or national discovery'.
H.Res.2337 Jun-12-13
STATUS: June 12, 2013.--Introduced in House September 10, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-196. October 29, 2013.--Passed in House by voice vote. October 30, 2013.--Referred to Senate Committee on Energy and Natural Resources. December 19, 2013.--Ordered to be reported without amendment favorably. May 22, 2014.--Reported without amendment. S.Rept. No. 113-173. May 22, 2014.--Placed on Senate Legislative Calendar [Calendar No. 399]. July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 15, 2014.--Presented to President. July 25, 2014.--Became Public Law 113-141. H.R.2337 Lake Hill Administrative Site Affordable Housing Act (Referred in Senate - RFS) HR 2337 RFS 113th CONGRESS1st Session H. R. 2337IN THE SENATE OF THE UNITED STATESOctober 30, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To provide for the conveyance of the Forest Service Lake Hill Administrative Site in Summit County, Colorado. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Lake Hill Administrative Site Affordable Housing Act'. SEC. 2. DEFINITIONS. In this Act: (1) COUNTY- The term `County' means Summit County, Colorado. (2) LAKE HILL ADMINISTRATIVE SITE- The term `Lake Hill Administrative Site' means the parcel of approximately 40 acres of National Forest System land in the County, as depicted on the map entitled `Lake Hill Administrative Site' and dated June 2012. (3) SECRETARY- The term `Secretary' means the Secretary of Agriculture. SEC. 3. CONVEYANCE OF FOREST SERVICE LAKE HILL ADMINISTRATIVE SITE, SUMMIT COUNTY, COLORADO. (a) Conveyance Authority- Upon receipt of an offer from the County in which the County agrees to the condition imposed by subsection (c), the Secretary shall use the authority provided by the Forest Service Facility Realignment and Enhancement Act of 2005 (Public Law 109-54; 16 U.S.C. 580d note) to convey to the County all right, title, and interest of the United States in and to the Forest Service Lake Hill Administrative Site. (b) Application of Law- (1) TREATMENT AS ADMINISTRATIVE SITE- The Lake Hill Administrative Site is considered to be an administrative site under section 502(1)(A) of the Forest Service Facility Realignment and Enhancement Act of 2005 (Public Law 109-54; 16 U.S.C. 580d note). (2) EXCEPTION- Section 502(1)(C) of that Act does not apply to the conveyance of the Lake Hill Administrative Site. (c) Costs- The County shall be responsible for processing and transaction costs related to the direct sale under subsection (a). (d) Proceeds- Proceeds received from the conveyance pursuant to subsection (a) shall be available, without further appropriation and until expended, for capital improvement and maintenance of Forest Service facilities in Region 2 of the United States Forest Service. Passed the House of Representatives October 29, 2013. Attest: KAREN L. HAAS, Clerk.
S.2318 May-12-14
STATUS: May 12, 2014.--Introduced. July 23, 2014.--Hearing by subcommittee. (56) S.2318 To reauthorize the Erie Canalway National Heritage Corridor Act. (Introduced in Senate - IS) S 2318 IS 113th CONGRESS2d SessionS. 2318 To reauthorize the Erie Canalway National Heritage Corridor Act. IN THE SENATE OF THE UNITED STATESMay 12, 2014 Mrs. GILLIBRAND introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Erie Canalway National Heritage Corridor Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR. Section 804(j) of the Erie Canalway National Heritage Corridor Act (16 U.S.C. 461 note; Public Law 106-554) is amended by striking `15' and inserting `30'.
S.2298 May-07-14
STATUS: May 7, 2014.--Introduced. June 9, 2014.--Mr. Johnson added as cosponsor. June 9, 2014.--Mrs. Murray added as cosponsor. June 16, 2014.--Mr. King added as cosponsor. June 17, 2014.--Mr. Schatz added as cosponsor. June 23, 2014.--Ms. Hirono added as cosponsor. July 9, 2014.--Mrs. Feinstein added as cosponsor. September 18, 2014.--Ms. Mikulski added as cosponsor. S.2298 Wounded Veterans Recreation Act (Introduced in Senate - IS) S 2298 IS 113th CONGRESS2d SessionS. 2298 To provide for a lifetime National Recreational Pass for any veteran with a service-connected disability, and for other purposes. IN THE SENATE OF THE UNITED STATESMay 7, 2014 Mrs. SHAHEEN (for herself and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for a lifetime National Recreational Pass for any veteran with a service-connected disability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Wounded Veterans Recreation Act'. SEC. 2. NATIONAL RECREATIONAL PASSES FOR DISABLED VETERANS. Section 805(b)(2) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(b)(2)) is amended as follows: (1) By inserting `and for the lifetime of the passholder' after `without charge'. (2) By striking `charge, to' and inserting `charge, to the following:'. (3) By striking `any United States' and inserting the following: `(A) Any United States'. (4) By inserting after `residency.' the following: `(B) Any veteran with a service-connected disability, as defined in section 101 of title 38, United States Code.'. (5) By striking the last sentence.
S.2293 May-06-14
STATUS: May 6, 2014.--Introduced and referred to Committee. July 23, 2014.--Hearing by subcommittee. (56) S.2293 National Scenic Trails Parity Act (Introduced in Senate - IS) S 2293 IS 113th CONGRESS2d SessionS. 2293 To clarify the status of the North Country, Ice Age, and New England National Scenic Trails as units of the National Park System, and for other purposes. IN THE SENATE OF THE UNITED STATESMay 6, 2014 Ms. BALDWIN (for herself, Mr. LEVIN, Mr. MARKEY, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To clarify the status of the North Country, Ice Age, and New England National Scenic Trails as units of the National Park System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `National Scenic Trails Parity Act'. SEC. 2. NORTH COUNTRY NATIONAL SCENIC TRAIL. Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended in the third sentence by inserting `as a unit of the National Park System' before the period at the end. SEC. 3. ICE AGE NATIONAL SCENIC TRAIL. Section 5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by striking the third and fourth sentences and inserting `The trail shall be administered by the Secretary of the Interior as a unit of the National Park System.'. SEC. 4. NEW ENGLAND NATIONAL SCENIC TRAIL. Section 5(a)(28) of the National Trails System Act (16 U.S.C. 1244(a)(28)) is amended in the third sentence by inserting `as a unit of the National Park System,' after `administer the trail'.
S.2274 Apr-30-14
STATUS: April 30, 2014.--Introduced. S.2274 To expedite decisions on applications for authorization to export natural gas, and for other purposes. (Introduced in Senate - IS) S 2274 IS 113th CONGRESS2d SessionS. 2274 To expedite decisions on applications for authorization to export natural gas, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 30, 2014 Mr. UDALL of Colorado (for himself, Mr. BEGICH, and Ms. HEITKAMP) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To expedite decisions on applications for authorization to export natural gas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO EXPORT NATURAL GAS. (a) Decision Deadline- The Secretary of Energy shall issue a decision on any application for authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) not later than 90 days after the later of-- (1) the end of the comment period for the decision as set forth in the applicable notice published in the Federal Register; or (2) the date of enactment of this Act. (b) Judicial Action- (1) IN GENERAL- The United States Court of Appeals for the circuit in which the export facility will be located pursuant to an application described in subsection (a) shall have original and exclusive jurisdiction over any civil action for the review of -- (A) an order issued by the Secretary of Energy with respect to the application; or (B) the failure of the Secretary to issue a decision on the application. (2) ORDER- If the Court in a civil action described in paragraph (1) finds that the Secretary has failed to issue a decision on the application as required under subsection (a), the Court shall order the Secretary to issue the decision not later than 30 days after the order of the Court. (3) EXPEDITED CONSIDERATION- The Court shall-- (A) set any civil action brought under this subsection for expedited consideration; and (B) set the matter on the docket as soon as practicable after the filing date of the initial pleading.
S.2264 Apr-28-14
STATUS: April 28, 2014.--Introduced. July 23, 2014.--Hearing by subcommittee. (56) S.2264 World War I Memorial Act of 2014 (Introduced in Senate - IS) S 2264 IS 113th CONGRESS2d SessionS. 2264 To designate memorials to the service of members of the United States Armed Forces in World War I, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 28, 2014 Mrs. MCCASKILL (for herself, Mr. BLUNT, and Mr. ROCKEFELLER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate memorials to the service of members of the United States Armed Forces in World War I, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `World War I Memorial Act of 2014'. SEC. 2. DESIGNATION OF NATIONAL WORLD WAR I MUSEUM AND MEMORIAL IN KANSAS CITY, MISSOURI. (a) Designation- The Liberty Memorial of Kansas City at America's National World War I Museum in Kansas City, Missouri, is hereby designated as the `National World War I Museum and Memorial'. (b) Ceremonies- The World War I Centennial Commission (in this Act referred to as the `Commission') may plan, develop, and execute ceremonies to recognize the designation of the Liberty Memorial of Kansas City as the National World War I Museum and Memorial. SEC. 3. REDESIGNATION OF PERSHING PARK IN THE DISTRICT OF COLUMBIA AS THE NATIONAL WORLD WAR I MEMORIAL AND ENHANCEMENT OF COMMEMORATIVE WORK. (a) Redesignation- Pershing Park in the District of Columbia is hereby redesignated as the `National World War I Memorial'. (b) Ceremonies- The Commission may plan, develop, and execute ceremonies for the rededication of Pershing Park, as it approaches its 50th anniversary, as the National World War I Memorial and for the enhancement of the General Pershing Commemorative Work as authorized by subsection (c). (c) Authority To Enhance Commemorative Work- (1) IN GENERAL- The Commission may enhance the General Pershing Commemorative Work by constructing on the land designated by subsection (a) as the National World War I Memorial appropriate sculptural and other commemorative elements, including landscaping, to further honor the service of members of the United States Armed Forces in World War I. (2) GENERAL PERSHING COMMEMORATIVE WORK DEFINED- The term `General Pershing Commemorative Work' means the memorial to the late John J. Pershing, General of the Armies of the United States, who commanded the American Expeditionary Forces in World War I, and to the officers and men under his command, as authorized by Public Law 89-786 (80 Stat. 1377). (d) Compliance With Standards for Commemorative Works- (1) IN GENERAL- Except as provided in paragraph (2), chapter 89 of title 40, United States Code, applies to the enhancement of the General Pershing Commemorative Work under subsection (c). (2) WAIVER OF CERTAIN REQUIREMENTS- (A) SITE SELECTION FOR MEMORIAL- Section 8905 of such title does not apply with respect to the selection of the site for the National World War I Memorial. (B) CONDITIONS APPLICABLE TO AREA I- Section 8908(b) of such title does not apply to the National World War I Memorial concerning Pershing Park. (e) No Infringement Upon Existing Memorial- The National World War I Memorial may not interfere with or encroach on the District of Columbia War Memorial. (f) Deposit of Excess Funds- (1) USE FOR OTHER WORLD WAR I COMMEMORATIVE ACTIVITIES- If, upon payment of all expenses for the enhancement of the General Pershing Commemorative Work under subsection (c) (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for such purpose, the Commission may use the amount of the balance for other commemorative activities authorized under the World War I Centennial Commission Act (Public Law 112-272; 126 Stat. 2448). (2) USE FOR OTHER COMMEMORATIVE WORKS- If the authority for enhancement of the General Pershing Commemorative Work and the authority of the Commission to plan and conduct commemorative activities under the World War I Centennial Commission Act have expired and there remains a balance of funds received for the enhancement of the General Pershing Commemorative Work, the Commission shall transmit the amount of the balance to a separate account with the National Park Foundation, to be available to the Secretary of the Interior following the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under section 8906(b)(3) of such title. (g) Authorization To Complete Construction After Termination of Commission- Section 8 of the World War I Centennial Commission Act (Public Law 112-272) is amended-- (1) in subsection (a), by striking `The Centennial Commission' and inserting `Except as provided in subsection (c), the Centennial Commission'; and (2) by adding at the end the following new subsection: `(c) Exception for Completion of National World War I Memorial- The Centennial Commission may perform such work as is necessary to complete the rededication of the National World War I Memorial and enhancement of the General Pershing Commemorative Work under section 3 of the World War I Memorial Act of 2014, subject to section 8903 of title 40, United States Code.'. SEC. 4. ADDITIONAL AMENDMENTS TO WORLD WAR I CENTENNIAL COMMISSION ACT. (a) Ex Officio and Other Advisory Members- Section 4 of the World War I Centennial Commission Act (Public Law 112-272; 126 Stat. 2449) is amended by adding at the end the following new subsection: `(e) Ex Officio and Other Advisory Members- `(1) POWERS- The individuals listed in paragraphs (2) and (3), or their designated representative, shall serve on the Centennial Commission solely to provide advice and information to the members of the Centennial Commission appointed pursuant to subsection (b)(1), and shall not be considered members for purposes of any other provision of this Act. `(2) EX OFFICIO MEMBERS- The following individuals shall serve as ex officio members: `(A) The Archivist of the United States. `(B) The Librarian of Congress. `(C) The Secretary of the Smithsonian Institution. `(D) The Secretary of State. `(E) The Secretary of Veterans Affairs. `(F) The Administrator of General Services. `(3) OTHER ADVISORY MEMBERS- The following individuals shall serve as other advisory members: `(A) Four members appointed by the Secretary of Defense in the following manner: One from the Navy, one from the Marine Corps, one from the Army, and one from the Air Force. `(B) Two members appointed by the Secretary of Homeland Security in the following manner: One from the Coast Guard and one from the United States Secret Service. `(C) Two members appointed by the Secretary of the Interior, including one from the National Parks Service. `(4) VACANCIES- A vacancy in a member position under paragraph (3) shall be filled in the same manner in which the original appointment was made.'. (b) Payable Rate of Staff- Section 7(c)(2) of such Act (Public Law 112-272; 126 Stat. 2451) is amended-- (1) in subparagraph (A), by striking the period at the end and inserting `, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates.'; and (2) in subparagraph (B), by striking `level IV' and inserting `level II'. (c) Limitation on Obligation of Federal Funds- (1) LIMITATION- Section 9 of such Act (Public Law 112-272; 126 Stat. 2453) is amended to read as follows: `SEC. 9. LIMITATION ON OBLIGATION OF FEDERAL FUNDS. `No Federal funds may be obligated or expended for the designation, establishment, or enhancement of a memorial or commemorative work by the World War I Centennial Commission.'. (2) CONFORMING AMENDMENT- Section 7(f) of such Act (Public Law 112-272; 126 Stat. 2452) is repealed. (3) CLERICAL AMENDMENT- The item relating to section 9 in the table of contents of such Act (Public Law 112-272; 126 Stat. 2448) is amended to read as follows: `Sec. 9. Limitation on obligation of Federal funds.'.
S.2256 Apr-11-14
STATUS: April 11, 2014: Introduced. S.2256 Northern Cheyenne Lands Act (Introduced in Senate - IS) S 2256 IS 113th CONGRESS2d SessionS. 2256 To direct the Secretary of the Interior to take certain land and mineral rights on the reservation of the Northern Cheyenne Tribe of Montana and other culturally important land into trust for the benefit of the Northern Cheyenne Tribe, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 11, 2014 Mr. WALSH (for himself and Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to take certain land and mineral rights on the reservation of the Northern Cheyenne Tribe of Montana and other culturally important land into trust for the benefit of the Northern Cheyenne Tribe, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Northern Cheyenne Lands Act'. SEC. 2. FINDINGS. Congress finds that-- (1) the Northern Cheyenne Tribe has depended on the land of the Tribe and the land-based resources of the Tribe to support its way of life since time immemorial; (2) the Tribe has made supreme and historic sacrifices to repossess and maintain the homeland of the Tribe, including the Reservation of the Tribe in the State of Montana; (3) the Tribe suffers from tremendous social and economic challenges, including a lack of employment opportunities on the Reservation, which can be improved by strengthening the control of the Tribe over the land base, natural resources, and trust funds of the Tribe; (4) the Tribe and the members of the Tribe are the beneficial owners of more than 95 percent of the surface land of the Reservation and all but approximately 5,000 subsurface acres of the Reservation; (5) the Tribe seeks to obtain ownership of approximately 5,000 subsurface acres on the Reservation that the Tribe does not own as a result of an error made by the United States when the Reservation was expanded in 1900; (6) in 2002, the Tribe agreed by settlement to dismiss a lawsuit against the United States which alleged that the United States failed to protect the Reservation from the impacts of coal development in return for assistance in securing tribal ownership of the subsurface rights described in paragraph (5) substantially in the form of this Act, and to secure mitigation funding to address the impacts of coal development in areas adjacent to the Reservation, among other conditions; (7) to increase tribal ownership of the surface land, the Tribe has purchased approximately 932 acres of land within the Reservation that were, for various reasons, taken out of trust ownership status; (8) the Tribe has purchased approximately 635 acres of land near Bear Butte, South Dakota, which the Tribe considers sacred ground for the members of the Tribe, as well as for members of other Indian tribes; (9) the Tribe seeks to have the land and subsurface within the Reservation and the Bear Butte land described in this section taken into trust by the United States for the benefit of the Tribe; (10) the Tribe seeks clarification, consistent with the 1999 settlement with the United States, that the principal of the funds arising from the Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 (Public Law 102-374; 106 Stat. 1186; 108 Stat. 707), the earnings from which are paid to the Tribe and managed as the `Northern Cheyenne Trust Fund' by the Office of Special Trustee, may be transferred to the Northern Cheyenne Tribe Permanent Fund, which has historically provided strong returns to the Tribe in direct support of tribal self-determination and to offset limited Federal funding of important tribal governmental services; and (11) if the conveyances of land and funds authorized under this Act are carried out, the Tribe has agreed to waive all legal claims against the United States arising out of the longstanding loss of the subsurface rights and the management of the Northern Cheyenne Trust Fund by the United States. SEC. 3. DEFINITIONS. In this Act: (1) FUND- The term `Fund' means the Northern Cheyenne Trust Fund identified in the June 7, 1999 Agreement Settling Certain Issues Relating to the Tongue River Dam Project, which was entered into by the Tribe, the State, and delegates of the Secretary, and managed by the Office of Special Trustee in the Department of the Interior. (2) GREAT NORTHERN PROPERTIES- The term `Great Northern Properties' means the Great Northern Properties Limited Partnership, which is a Delaware limited partnership. (3) PERMANENT FUND- The term `Permanent Fund' means the Northern Cheyenne Tribe Permanent Fund managed by the Tribe pursuant to the Plan for Investment, Management and Use of the Fund, as amended by vote of the tribal membership on November 2, 2010. (4) RESERVATION- The term `Reservation' means the Northern Cheyenne Reservation. (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. (6) STATE- The term `State' means the State of Montana. (7) TRIBE- The term `Tribe' means the Northern Cheyenne Tribe. SEC. 4. TRIBAL FEE LAND TO BE TAKEN INTO TRUST. Not later than 60 days after the date of enactment of this Act, the Secretary shall take the approximately 1,567 acres of land depicted on the map entitled `Northern Cheyenne Lands Act - Fee-to-Trust Lands' and dated March 26, 2014, into trust for the benefit of the Tribe. SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST. (a) Completion of Mineral Conveyances- (1) IN GENERAL- Not later than 60 days after the date on which the Secretary receives the notification described in subsection (c), in a single transaction-- (A) Great Northern Properties shall convey to the Tribe all right, title, and interest of Great Northern Properties, consisting of coal and iron ore mineral interests, underlying the land on the Reservation generally depicted as `Great Northern Properties' on the map entitled `Northern Cheyenne Land Act - Coal Tracts' and dated February 27, 2014; and (B) subject to paragraph (2), the Secretary shall convey to Great Northern Properties all right, title, and interest of the United States in and to the coal mineral interests underlying the land generally depicted as `Bull Mountains' and `East Fork' on the map entitled `Northern Cheyenne Federal Tracts' and dated February 27, 2014. (2) REQUIREMENT- The Secretary shall ensure that the deed for the conveyance authorized by paragraph (1)(B) shall include a covenant running with the land that-- (A) precludes the coal conveyed from being mined by any method other than underground mining techniques-- (i) until any surface owner (as defined in section 714(e) of Public Law 95-87 (30 U.S.C. 1304(e))) for a specific tract has provided to Great Northern Properties written consent to enter the specific tract and commence surface mining; and (ii) except as determined to be acceptable for further consideration for leasing in the document of the Bureau of Land Management entitled `Billings Resource Area Final EIS and Resource Management Plan' and dated September 1984; and (B) shall not create any property interest in the United States or any surface owner (as defined in section 714(e) of Public Law 95-87 (30 U.S.C. 1304(e))). (b) Treatment of Land Transferred to Tribe- (1) IN GENERAL- At the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe the mineral interests conveyed to the Tribe under subsection (a)(1)(A). (2) NO STATE TAXATION- The mineral interests conveyed to the Tribe under subsection (a)(1)(A) shall not be subject to taxation by the State (including any political subdivision of the State). (c) Revenue Sharing Agreement- The Tribe shall notify the Secretary, in writing, that-- (1) consistent with a settlement agreement entered into between the Tribe and the State in 2002, the Tribe and Great Northern Properties have agreed on a formula for sharing revenue from development of the mineral interests described in subsection (a)(1)(B) if those mineral interests are developed; (2) the revenue sharing agreement remains in effect as of the date of enactment of this Act; and (3) Great Northern Properties has offered to convey the mineral interests described in subsection (a)(1)(A) to the Tribe. (d) Waiver of Legal Claims- As a condition of the conveyances of mineral interests under subsection (a)(1)-- (1) the Tribe shall waive any and all claims relating to the failure of the United States to acquire and take into trust on behalf of the Tribe the mineral interests described in subsection (a)(1)(A), as directed by Congress in 1900; and (2) Great Northern Properties shall waive any and all claims against the United States relating to the value of the coal mineral interests described in subsection (a)(1)(B). (e) Rescission of Mineral Conveyances- If any portion of the mineral interests conveyed under subsection (a)(1) is invalidated by final judgment of a court of the United States-- (1) not later than 1 year after the date on which the final judgment is rendered, the Secretary or Great Northern Properties may agree to rescind the conveyances under subsection (a)(1); and (2) if the conveyances are rescinded under paragraph (1), the waivers under subsection (d) shall no longer apply. SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND TO TRIBE. (a) In General- Not later than 30 days after the date of enactment of this Act, all amounts in the Fund shall be deposited in the Permanent Fund. (b) Use of Amounts- Of the amounts transferred to the Permanent Fund under subsection (a)-- (1) the portion that is attributable to the principal of the Fund shall be maintained in perpetuity; and (2) any interest earned on the amounts described in paragraph (1) shall be used in the same manner as interest earned on amounts in the Permanent Fund may be used. (c) Waiver of Legal Claims- As a condition of the transfer under subsection (a), the Tribe shall waive any and all claims arising from the management of the Fund by the United States. SEC. 7. ELIGIBILITY FOR OTHER FEDERAL BENEFITS. The transfer under section 6 shall not result in the reduction or denial of any Federal service, benefit, or program to the Tribe or to any member of the Tribe to which the Tribe or member is entitled or eligible because of-- (1) the status of the Tribe as a federally recognized Indian tribe; or (2) the status of the member as a member of the Tribe. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as are necessary.
H.Res.2231 Jun-04-13
STATUS: June 4, 2013.--Introduced. June 24, 2013.--Reported to House, amended by the House Committee on Natural Resources. H. Rept. 113-125. June 28, 2013.--Passed in House (235 - 186). July 8, 2013.--Referred to Senate Energy and Natural Resources Committee. H.R.2231 Offshore Energy and Jobs Act (Referred in Senate - RFS) HR 2231 RFS 113th CONGRESS1st Session H. R. 2231IN THE SENATE OF THE UNITED STATESJuly 8, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend the Outer Continental Shelf Lands Act to increase energy exploration and production on the Outer Continental Shelf, provide for equitable revenue sharing for all coastal States, implement the reorganization of the functions of the former Minerals Management Service into distinct and separate agencies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Offshore Energy and Jobs Act'. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS Sec. 101. Outer Continental Shelf leasing program reforms. Sec. 102. Domestic oil and natural gas production goal. Sec. 103. Development and submittal of new 5-year oil and gas leasing program. Sec. 104. Rule of construction. TITLE II--DIRECTING THE PRESIDENT TO CONDUCT NEW OCS SALES IN VIRGINIA, SOUTH CAROLINA, AND CALIFORNIA Sec. 201. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia. Sec. 202. South Carolina lease sale. Sec. 203. Southern California existing infrastructure lease sale. Sec. 204. Environmental impact statement requirement. Sec. 205. National defense. Sec. 206. Eastern Gulf of Mexico not included. TITLE III--EQUITABLE SHARING OF OUTER CONTINENTAL SHELF REVENUES Sec. 301. Disposition of Outer Continental Shelf revenues to coastal States. TITLE IV--REORGANIZATION OF MINERALS MANAGEMENT AGENCIES OF THE DEPARTMENT OF THE INTERIOR Sec. 401. Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety. Sec. 402. Bureau of Ocean Energy. Sec. 403. Ocean Energy Safety Service. Sec. 404. Office of Natural Resources revenue. Sec. 405. Ethics and drug testing. Sec. 406. Abolishment of Minerals Management Service. Sec. 407. Conforming amendments to Executive Schedule pay rates. Sec. 408. Outer Continental Shelf Energy Safety Advisory Board. Sec. 409. Outer Continental Shelf inspection fees. Sec. 410. Prohibition on action based on National Ocean Policy developed under Executive Order No. 13547. TITLE V--UNITED STATES TERRITORIES Sec. 501. Application of Outer Continental Shelf Lands Act with respect to territories of the United States. TITLE VI--MISCELLANEOUS PROVISIONS Sec. 601. Rules regarding distribution of revenues under Gulf of Mexico Energy Security Act of 2006. Sec. 602. Amount of distributed qualified outer Continental Shelf revenues. Sec. 603. Seismic testing in the Atlantic Outer Continental Shelf. TITLE VII--JUDICIAL REVIEW Sec. 701. Time for filing complaint. Sec. 702. District court deadline. Sec. 703. Ability to seek appellate review. Sec. 704. Limitation on scope of review and relief. Sec. 705. Legal fees. Sec. 706. Exclusion. Sec. 707. Definitions. TITLE I--OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS SEC. 101. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS. 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: `(5)(A) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales including at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon 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. `(B) The Secretary shall include in each proposed oil and gas leasing program under this section 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. The Secretary may not remove such a subdivision from the program until publication of the final program, and shall include and consider all such subdivisions in any environmental review conducted and statement prepared for such program under section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). `(C) In this paragraph the term `available unleased acreage' means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law. `(6)(A) In the 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning areas that-- `(i) are estimated to contain more than 2,500,000,000 barrels of oil; or `(ii) are estimated to contain more than 7,500,000,000,000 cubic feet of natural gas. `(B) To determine the planning areas described in subparagraph (A), the Secretary shall use the document entitled `Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation's Outer Continental Shelf, 2006'.'. SEC. 102. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL. Section 18(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(b)) is amended to read as follows: `(b) Domestic Oil and Natural Gas Production Goal- - `(1) IN GENERAL- In developing a 5-year oil and gas leasing program, and subject to paragraph (2), the Secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program. Such goal shall be-- `(A) the best estimate of the possible increase in domestic production of oil and natural gas from the outer Continental Shelf; `(B) focused on meeting domestic demand for oil and natural gas and reducing the dependence of the United States on foreign energy; and `(C) focused on the production increases achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program. `(2) PROGRAM GOAL- For purposes of the 5-year oil and gas leasing program, the production goal referred to in paragraph (1) shall be an increase by 2032 of-- `(A) no less than 3,000,000 barrels in the amount of oil produced per day; and `(B) no less than 10,000,000,000 cubic feet in the amount of natural gas produced per day. `(3) REPORTING- The Secretary shall report annually, beginning at the end of the 5-year period for which the program applies, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of the program in meeting the production goal. The Secretary shall identify in the report projections for production and any problems with leasing, permitting, or production that will prevent meeting the goal.'. SEC. 103. DEVELOPMENT AND SUBMITTAL OF NEW 5-YEAR OIL AND GAS LEASING PROGRAM. (a) In General- The Secretary of the Interior shall-- (1) by not later than July 15, 2014, publish and submit to Congress a new proposed oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) for the 5-year period beginning on such date and ending July 15, 2020; and (2) by not later than July 15, 2015, approve a final oil and gas leasing program under such section for such period. (b) Consideration of All Areas- In preparing such program the Secretary shall include consideration of areas of the Continental Shelf off the coasts of all States (as such term is defined in section 2 of that Act, as amended by this Act), that are subject to leasing under this Act. (c) Technical Correction- Section 18(d)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(d)(3)) is amended by striking `or after eighteen months following the date of enactment of this section, whichever first occurs,'. SEC. 104. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to authorize the issuance of a lease under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to any person designated for the imposition of sanctions pursuant to-- (1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), the Comprehensive Iran Sanctions, Accountability and Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.), section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or the Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.); (2) Executive Order No. 13622 (July 30, 2012), Executive Order No. 13628 (October 9, 2012), or Executive Order No. 13645 (June 3, 2013); (3) Executive Order No. 13224 (September 23, 2001) or Executive Order No. 13338 (May 11, 2004); or (4) the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (22 U.S.C. 2151 note). TITLE II--DIRECTING THE PRESIDENT TO CONDUCT NEW OCS SALES IN VIRGINIA, SOUTH CAROLINA, AND CALIFORNIA SEC. 201. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA. (a) In General- Notwithstanding the exclusion of Lease Sale 220 in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017, the Secretary of the Interior 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 one year after the date of enactment of this Act. (b) Requirement To Make Replacement Lease Blocks Available- For each lease block in a proposed lease sale under this section for which the Secretary of Defense, in consultation with the Secretary of the Interior, under the Memorandum of Agreement referred to in section 205(b), issues a statement proposing deferral from a lease offering due to defense-related activities that are irreconcilable with mineral exploration and development, the Secretary of the Interior, in consultation with the Secretary of Defense, shall make available in the same lease sale one other lease block in the Virginia lease sale planning area that is acceptable for oil and gas exploration and production in order to mitigate conflict. (c) Balancing Military and Energy Production Goals- In recognition that the Outer Continental Shelf oil and gas leasing program and the domestic energy resources produced therefrom are integral to national security, the Secretary of the Interior and the Secretary of Defense shall work jointly in implementing this section in order to ensure achievement of the following common goals: (1) Preserving the ability of the Armed Forces of the United States to maintain an optimum state of readiness through their continued use of the Outer Continental Shelf. (2) Allowing effective exploration, development, and production of our Nation's oil, gas, and renewable energy resources. (d) Definitions- In this section: (1) LEASE SALE 220- The term `Lease Sale 220' means such lease sale referred to in the Request for Comments on the Draft Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010-2015 and Notice of Intent To Prepare an Environmental Impact Statement (EIS) for the Proposed 5-Year Program published January 21, 2009 (74 Fed. Reg. 3631). (2) VIRGINIA LEASE SALE PLANNING AREA- The term `Virginia lease sale planning area' means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that is bounded by-- (A) a northern boundary consisting of a straight line extending from the northernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and (B) a southern boundary consisting of a straight line extending from the southernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude. SEC. 202. SOUTH CAROLINA LEASE SALE. Notwithstanding inclusion of the South Atlantic Outer Continental Shelf Planning Area in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017, the Secretary of the Interior shall conduct a lease sale not later than 2 years after the date of the enactment of this Act for areas off the coast of South Carolina determined by the Secretary to have the most geologically promising hydrocarbon resources and constituting not less than 25 percent of the leasable area within the South Carolina offshore administrative boundaries depicted in the notice entitled `Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from the Submerged Lands Act Boundary seaward to the Limit of the United States Outer Continental Shelf', published January 3, 2006 (71 Fed. Reg. 127). SEC. 203. SOUTHERN CALIFORNIA EXISTING INFRASTRUCTURE LEASE SALE. (a) In General- The Secretary of the Interior shall offer for sale leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of the Southern California OCS Planning Area as soon as practicable, but not later than December 31, 2014. (b) Use of Existing Structures or Onshore-Based Drilling- The Secretary of the Interior shall include in leases offered for sale under this lease sale such terms and conditions as are necessary to require that development and production may occur only from offshore infrastructure in existence on the date of the enactment of this Act or from onshore-based, extended-reach drilling. SEC. 204. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT. (a) In General- For the purposes of this Act, the Secretary of the Interior shall prepare a multisale environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for all lease sales required under this title. (b) Actions To Be Considered- Notwithstanding section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), in such statement-- (1) the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such alternative courses of action; and (2) the Secretary shall only-- (A) identify a preferred action for leasing and not more than one alternative leasing proposal; and (B) analyze the environmental effects and potential mitigation measures for such preferred action and such alternative leasing proposal. SEC. 205. NATIONAL DEFENSE. (a) National Defense Areas- This Act does not affect the existing authority of the Secretary of Defense, with the approval of the President, to designate national defense areas on the Outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)). (b) Prohibition on Conflicts With Military Operations- No person may engage in any exploration, development, or production of oil or natural gas on the Outer Continental Shelf under a lease issued under this Act 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 such exploration, development, or production is conducted. SEC. 206. EASTERN GULF OF MEXICO NOT INCLUDED. Nothing in this Act affects restrictions on oil and gas leasing under the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109-432; 43 U.S.C. 1331 note). TITLE III--EQUITABLE SHARING OF OUTER CONTINENTAL SHELF REVENUES SEC. 301. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO COASTAL STATES. (a) In General- Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended-- (1) in the existing text-- (A) in the first sentence, by striking `All rentals,' and inserting the following: `(c) Disposition of Revenue Under Old Leases- All rentals,'; and (B) in subsection (c) (as designated by the amendment made by subparagraph (A) of this paragraph), by striking `for the period from June 5, 1950, to date, and thereafter' and inserting `in the period beginning June 5, 1950, and ending on the date of enactment of the Offshore Energy and Jobs Act'; (2) by adding after subsection (c) (as so designated) the following: `(d) Definitions- In this section: `(1) COASTAL STATE- The term `coastal State' includes a territory of the United States. `(2) NEW LEASING REVENUES- The term `new leasing revenues'-- `(A) means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production on new areas of the outer Continental Shelf that are authorized to be made available for leasing as a result of enactment of the Offshore Energy and Jobs Act and leasing under that Act; and `(B) does not include amounts received by the United States under any lease of an area located in the boundaries of the Central Gulf of Mexico and Western Gulf of Mexico Outer Continental Shelf Planning Areas on the date of enactment of the Offshore Energy and Jobs Act, including a lease issued before, on, or after such date of enactment.'; and (3) by inserting before subsection (c) (as so designated) the following: `(a) Payment of New Leasing Revenues to Coastal States- `(1) IN GENERAL- Except as provided in paragraph (2), of the amount of new leasing revenues received by the United States each fiscal year, 37.5 percent shall be allocated and paid in accordance with subsection (b) to coastal States that are affected States with respect to the leases under which those revenues are received by the United States. `(2) PHASE-IN- `(A) IN GENERAL- Except as provided in subparagraph (B), paragraph (1) shall be applied-- `(i) with respect to new leasing revenues under leases awarded under the first leasing program under section 18(a) that takes effect after the date of enactment of the Offshore Energy and Jobs Act, by substituting `12.5 percent' for `37.5 percent'; and `(ii) with respect to new leasing revenues under leases awarded under the second leasing program under section 18(a) that takes effect after the date of enactment of the Offshore Energy and Jobs Act, by substituting `25 percent' for `37.5 percent'. `(B) EXEMPTED LEASE SALES- This paragraph shall not apply with respect to any lease issued under title II of the Offshore Energy and Jobs Act. `(b) Allocation of Payments- `(1) IN GENERAL- The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to coastal States in accordance with this subsection each fiscal year shall be allocated among and paid to coastal States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary. `(2) MINIMUM AND MAXIMUM ALLOCATION- The amount allocated to a coastal State under paragraph (1) each fiscal year with respect to a leased tract shall be-- `(A) in the case of a coastal State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; `(B) in the case of any other coastal State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract; and `(C) in the case of a coastal State that is the only coastal State within 200 miles of a leased tract, 100 percent of the total amounts allocated with respect to the leased tract. `(3) ADMINISTRATION- Amounts allocated to a coastal State under this subsection-- `(A) shall be available to the coastal State without further appropriation; `(B) shall remain available until expended; `(C) shall be in addition to any other amounts available to the coastal State under this Act; and `(D) shall be distributed in the fiscal year following receipt. `(4) USE OF FUNDS- `(A) IN GENERAL- Except as provided in subparagraph (B), a coastal State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. `(B) RESTRICTION ON USE FOR MATCHING- Funds allocated and paid to a coastal State under this subsection may not be used as matching funds for any other Federal program.'. (b) Limitation on Application- This section and the amendment made by this section shall not affect the application of section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109-432; (43 U.S.C. 1331 note)), as in effect before the enactment of this Act, with respect to revenues received by the United States under oil and gas leases issued for tracts located in the Western and Central Gulf of Mexico Outer Continental Shelf Planning Areas, including such leases issued on or after the date of the enactment of this Act. TITLE IV--REORGANIZATION OF MINERALS MANAGEMENT AGENCIES OF THE DEPARTMENT OF THE INTERIOR SEC. 401. ESTABLISHMENT OF UNDER SECRETARY FOR ENERGY, LANDS, AND MINERALS AND ASSISTANT SECRETARY OF OCEAN ENERGY AND SAFETY. There shall be in the Department of the Interior-- (1) an Under Secretary for Energy, Lands, and Minerals, who shall-- (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Secretary of the Interior or, if directed by the Secretary, to the Deputy Secretary of the Interior; (C) be paid at the rate payable for level III of the Executive Schedule; and (D) be responsible for-- (i) the safe and responsible development of our energy and mineral resources on Federal lands in appropriate accordance with United States energy demands; and (ii) ensuring multiple-use missions of the Department of the Interior that promote the safe and sustained development of energy and minerals resources on public lands (as that term is defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)); (2) an Assistant Secretary of Ocean Energy and Safety, who shall-- (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on the Outer Continental Shelf of the United States; and (3) an Assistant Secretary of Land and Minerals Management, who shall-- (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on public lands and other Federal onshore lands under the jurisdiction of the Department of the Interior, including implementation of the Mineral Leasing Act (30 U.S.C. 181 et seq.) and the Surface Mining Control and Reclamation Act (30 U.S.C. 1201 et seq.) and administration of the Office of Surface Mining. SEC. 402. BUREAU OF OCEAN ENERGY. (a) Establishment- There is established in the Department of the Interior a Bureau of Ocean Energy (referred to in this section as the `Bureau'), which shall-- (1) be headed by a Director of Ocean Energy (referred to in this section as the `Director'); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director- (1) APPOINTMENT- The Director shall be appointed by the Secretary of the Interior. (2) COMPENSATION- The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties- (1) IN GENERAL- The Secretary of the Interior shall carry out through the Bureau all functions, powers, and duties vested in the Secretary relating to the administration of a comprehensive program of offshore mineral and renewable energy resources management. (2) SPECIFIC AUTHORITIES- The Director shall promulgate and implement regulations-- (A) for the proper issuance of leases for the exploration, development, and production of nonrenewable and renewable energy and mineral resources on the Outer Continental Shelf; (B) relating to resource identification, access, evaluation, and utilization; (C) for development of leasing plans, lease sales, and issuance of leases for such resources; and (D) regarding issuance of environmental impact statements related to leasing and post leasing activities including exploration, development, and production, and the use of third party contracting for necessary environmental analysis for the development of such resources. (3) LIMITATION- The Secretary shall not carry out through the Bureau any function, power, or duty that is-- (A) required by section 403 to be carried out through the Ocean Energy Safety Service; or (B) required by section 404 to be carried out through the Office of Natural Resources Revenue. (d) Responsibilities of Land Management Agencies- Nothing in this section shall affect the authorities of the Bureau of Land Management under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or of the Forest Service under the National Forest Management Act of 1976 (Public Law 94-588). SEC. 403. OCEAN ENERGY SAFETY SERVICE. (a) Establishment- There is established in the Department of the Interior an Ocean Energy Safety Service (referred to in this section as the `Service'), which shall-- (1) be headed by a Director of Energy Safety (referred to in this section as the `Director'); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director- (1) APPOINTMENT- The Director shall be appointed by the Secretary of the Interior. (2) COMPENSATION- The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties- (1) IN GENERAL- The Secretary of the Interior shall carry out through the Service all functions, powers, and duties vested in the Secretary relating to the administration of safety and environmental enforcement activities related to offshore mineral and renewable energy resources on the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) including the authority to develop, promulgate, and enforce regulations to ensure the safe and sound exploration, development, and production of mineral and renewable energy resources on the Outer Continental Shelf in a timely fashion. (2) SPECIFIC AUTHORITIES- The Director shall be responsible for all safety activities related to exploration and development of renewable and mineral resources on the Outer Continental Shelf, including-- (A) exploration, development, production, and ongoing inspections of infrastructure; (B) the suspending or prohibiting, on a temporary basis, any operation or activity, including production under leases held on the Outer Continental Shelf, in accordance with section 5(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(1)); (C) cancelling any lease, permit, or right-of-way on the Outer Continental Shelf, in accordance with section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)); (D) compelling compliance with applicable Federal laws and regulations relating to worker safety and other matters; (E) requiring comprehensive safety and environmental management programs for persons engaged in activities connected with the exploration, development, and production of mineral or renewable energy resources; (F) developing and implementing regulations for Federal employees to carry out any inspection or investigation to ascertain compliance with applicable regulations, including health, safety, or environmental regulations; (G) implementing the Offshore Technology Research and Risk Assessment Program under section 21 of the Outer Continental Shelf Lands Act (43 U.S.C. 1347); (H) summoning witnesses and directing the production of evidence; (I) levying fines and penalties and disqualifying operators; (J) carrying out any safety, response, and removal preparedness functions; and (K) the processing of permits, exploration plans, development plans. (d) Employees- (1) IN GENERAL- The Secretary shall ensure that the inspection force of the Bureau consists of qualified, trained employees who meet qualification requirements and adhere to the highest professional and ethical standards. (2) QUALIFICATIONS- The qualification requirements referred to in paragraph (1)-- (A) shall be determined by the Secretary, subject to subparagraph (B); and (B) shall include-- (i) three years of practical experience in oil and gas exploration, development, or production; or (ii) a degree in an appropriate field of engineering from an accredited institution of higher learning. (3) ASSIGNMENT- In assigning oil and gas inspectors to the inspection and investigation of individual operations, the Secretary shall give due consideration to the extent possible to their previous experience in the particular type of oil and gas operation in which such inspections are to be made. (4) BACKGROUND CHECKS- The Director shall require that an individual to be hired as an inspection officer undergo an employment investigation (including a criminal history record check). (5) LANGUAGE REQUIREMENTS- Individuals hired as inspectors must be able to read, speak, and write English well enough to-- (A) carry out written and oral instructions regarding the proper performance of inspection duties; and (B) write inspection reports and statements and log entries in the English language. (6) VETERANS PREFERENCE- The Director shall provide a preference for the hiring of an individual as a inspection officer if the individual is a member or former member of the Armed Forces and is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member of the Armed Forces. (7) ANNUAL PROFICIENCY REVIEW- (A) ANNUAL PROFICIENCY REVIEW- The Director shall provide that an annual evaluation of each individual assigned inspection duties is conducted and documented. (B) CONTINUATION OF EMPLOYMENT- An individual employed as an inspector may not continue to be employed in that capacity unless the evaluation demonstrates that the individual-- (i) continues to meet all qualifications and standards; (ii) has a satisfactory record of performance and attention to duty based on the standards and requirements in the inspection program; and (iii) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform inspection functions. (8) LIMITATION ON RIGHT TO STRIKE- Any individual that conducts permitting or inspections under this section may not participate in a strike, or assert the right to strike. (9) PERSONNEL AUTHORITY- Notwithstanding any other provision of law, the Director may employ, appoint, discipline and terminate for cause, and fix the compensation, terms, and conditions of employment of Federal service for individuals as the employees of the Service in order to restore and maintain the trust of the people of the United States in the accountability of the management of our Nation's energy safety program. (10) TRAINING ACADEMY- (A) IN GENERAL- The Secretary shall establish and maintain a National Offshore Energy Safety Academy (referred to in this paragraph as the `Academy') as an agency of the Ocean Energy Safety Service. (B) FUNCTIONS OF ACADEMY- The Secretary, through the Academy, shall be responsible for-- (i) the initial and continued training of both newly hired and experienced offshore oil and gas inspectors in all aspects of health, safety, environmental, and operational inspections; (ii) the training of technical support personnel of the Bureau; (iii) any other training programs for offshore oil and gas inspectors, Bureau personnel, Department personnel, or other persons as the Secretary shall designate; and (iv) certification of the successful completion of training programs for newly hired and experienced offshore oil and gas inspectors. (C) COOPERATIVE AGREEMENTS- (i) IN GENERAL- In performing functions under this paragraph, and subject to clause (ii), the Secretary may enter into cooperative educational and training agreements with educational institutions, related Federal academies, other Federal agencies, State governments, safety training firms, and oil and gas operators and related industries. (ii) TRAINING REQUIREMENT- Such training shall be conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the Secretary. (11) USE OF DEPARTMENT PERSONNEL- In performing functions under this subsection, the Secretary shall use, to the extent practicable, the facilities and personnel of the Department of the Interior. The Secretary may appoint or assign to the Academy such officers and employees as the Secretary considers necessary for the performance of the duties and functions of the Academy. (12) ADDITIONAL TRAINING PROGRAMS- (A) IN GENERAL- The Secretary shall work with appropriate educational institutions, operators, and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and gas operators that are designed-- (i) to enable persons to qualify for positions in the administration of this Act; and (ii) to provide for the continuing education of inspectors or other appropriate Department of the Interior personnel. (B) FINANCIAL AND TECHNICAL ASSISTANCE- The Secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph. (e) Limitation- The Secretary shall not carry out through the Service any function, power, or duty that is-- (1) required by section 402 to be carried out through Bureau of Ocean Energy; or (2) required by section 404 to be carried out through the Office of Natural Resources Revenue. SEC. 404. OFFICE OF NATURAL RESOURCES REVENUE. (a) Establishment- There is established in the Department of the Interior an Office of Natural Resources Revenue (referred to in this section as the `Office') to be headed by a Director of Natural Resources Revenue (referred to in this section as the `Director'). (b) Appointment and Compensation- (1) IN GENERAL- The Director shall be appointed by the Secretary of the Interior. (2) COMPENSATION- The Director shall be compensated at the rate provided for Level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties- (1) IN GENERAL- The Secretary of the Interior shall carry out, through the Office, all functions, powers, and duties vested in the Secretary and relating to the administration of offshore royalty and revenue management functions. (2) SPECIFIC AUTHORITIES- The Secretary shall carry out, through the Office, all functions, powers, and duties previously assigned to the Minerals Management Service (including the authority to develop, promulgate, and enforce regulations) regarding offshore royalty and revenue collection; royalty and revenue distribution; auditing and compliance; investigation and enforcement of royalty and revenue regulations; and asset management for onshore and offshore activities. (d) Limitation- The Secretary shall not carry out through the Office any function, power, or duty that is-- (1) required by section 402 to be carried out through Bureau of Ocean Energy; or (2) required by section 403 to be carried out through the Ocean Energy Safety Service. SEC. 405. ETHICS AND DRUG TESTING. (a) Certification- The Secretary of the Interior shall certify annually that all Department of the Interior officers and employees having regular, direct contact with lessees, contractors, concessionaires, and other businesses interested before the Government as a function of their official duties, or conducting investigations, issuing permits, or responsible for oversight of energy programs, are in full compliance with all Federal employee ethics laws and regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.) and part 2635 of title 5, Code of Federal Regulations, and all guidance issued under subsection (c). (b) Drug Testing- The Secretary shall conduct a random drug testing program of all Department of the Interior personnel referred to in subsection (a). (c) Guidance- Not later than 90 days after the date of enactment of this Act, the Secretary shall issue supplementary ethics and drug testing guidance for the employees for which certification is required under subsection (a). The Secretary shall update the supplementary ethics guidance not less than once every 3 years thereafter. SEC. 406. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE. (a) Abolishment- The Minerals Management Service is abolished. (b) Completed Administrative Actions- (1) IN GENERAL- Completed administrative actions of the Minerals Management Service shall not be affected by the enactment of this Act, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law. (2) COMPLETED ADMINISTRATIVE ACTION DEFINED- For purposes of paragraph (1), the term `completed administrative action' includes orders, determinations, memoranda of understanding, memoranda of agreements, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges. (c) Pending Proceedings- Subject to the authority of the Secretary of the Interior and the officers of the Department of the Interior under this Act-- (1) pending proceedings in the Minerals Management Service, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue, notwithstanding the enactment of this Act or the vesting of functions of the Service in another agency, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance or modification could have occurred if this Act had not been enacted; and (2) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this Act had not been enacted, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law. (d) Pending Civil Actions- Subject to the authority of the Secretary of the Interior or any officer of the Department of the Interior under this Act, pending civil actions shall continue notwithstanding the enactment of this Act, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment had not occurred. (e) References- References relating to the Minerals Management Service in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of this Act are deemed to refer, as appropriate, to the Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to the Minerals Management Service immediately before the effective date of this Act shall continue to apply. SEC. 407. CONFORMING AMENDMENTS TO EXECUTIVE SCHEDULE PAY RATES. (a) Under Secretary for Energy, Lands, and Minerals- Section 5314 of title 5, United States Code, is amended by inserting after the item relating to `Under Secretaries of the Treasury (3).' the following: `Under Secretary for Energy, Lands, and Minerals, Department of the Interior.'. (b) Assistant Secretaries- Section 5315 of title 5, United States Code, is amended by striking `Assistant Secretaries of the Interior (6).' and inserting the following: `Assistant Secretaries, Department of the Interior (7).'. (c) Directors- Section 5316 of title 5, United States Code, is amended by striking `Director, Bureau of Mines, Department of the Interior.' and inserting the following new items: `Director, Bureau of Ocean Energy, Department of the Interior. `Director, Ocean Energy Safety Service, Department of the Interior. `Director, Office of Natural Resources Revenue, Department of the Interior.'. SEC. 408. OUTER CONTINENTAL SHELF ENERGY SAFETY ADVISORY BOARD. (a) Establishment- The Secretary of the Interior shall establish, under the Federal Advisory Committee Act, an Outer Continental Shelf Energy Safety Advisory Board (referred to in this section as the `Board')-- (1) to provide the Secretary and the Directors established by this Act with independent scientific and technical advice on safe, responsible, and timely mineral and renewable energy exploration, development, and production activities; and (2) to review operations of the National Offshore Energy Health and Safety Academy established under section 403(d), including submitting to the Secretary recommendations of curriculum to ensure training scientific and technical advancements. (b) Membership- (1) SIZE- The Board shall consist of not more than 11 members, who-- (A) shall be appointed by the Secretary based on their expertise in oil and gas drilling, well design, operations, well containment and oil spill response; and (B) must have significant scientific, engineering, management, and other credentials and a history of working in the field related to safe energy exploration, development, and production activities. (2) CONSULTATION AND NOMINATIONS- The Secretary shall consult with the National Academy of Sciences and the National Academy of Engineering to identify potential candidates for the Board and shall take nominations from the public. (3) TERM- The Secretary shall appoint Board members to staggered terms of not more than 4 years, and shall not appoint a member for more than 2 consecutive terms. (4) BALANCE- In appointing members to the Board, the Secretary shall ensure a balanced representation of industry and research interests. (c) Chair- The Secretary shall appoint the Chair for the Board from among its members. (d) Meetings- The Board shall meet not less than 3 times per year and shall host, at least once per year, a public forum to review and assess the overall energy safety performance of Outer Continental Shelf mineral and renewable energy resource activities. (e) Offshore Drilling Safety Assessments and Recommendations- As part of its duties under this section, the Board shall, by not later than 180 days after the date of enactment of this section and every 5 years thereafter, submit to the Secretary a report that-- (1) assesses offshore oil and gas well control technologies, practices, voluntary standards, and regulations in the United States and elsewhere; and (2) as appropriate, recommends modifications to the regulations issued under this Act to ensure adequate protection of safety and the environment, including recommendations on how to reduce regulations and administrative actions that are duplicative or unnecessary. (f) Reports- Reports of the Board shall be submitted by the Board to the Committee on Natural Resources of the House or Representatives and the Committee on Energy and Natural Resources of the Senate and made available to the public in electronically accessible form. (g) Travel Expenses- Members of the Board, other than full-time employees of the Federal Government, while attending meeting of the Board or while otherwise serving at the request of the Secretary or the Director while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. SEC. 409. OUTER CONTINENTAL SHELF INSPECTION FEES. Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C. 1348) is amended by adding at the end of the section the following: `(g) Inspection Fees- `(1) ESTABLISHMENT- The Secretary of the Interior shall collect from the operators of facilities subject to inspection under subsection (c) non-refundable fees for such inspections-- `(A) at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer Continental Shelf facilities (including mobile offshore drilling units) by the Department of the Interior; and `(B) using a schedule that reflects the differences in complexity among the classes of facilities to be inspected. `(2) OCEAN ENERGY SAFETY FUND- There is established in the Treasury a fund, to be known as the `Ocean Energy Enforcement Fund' (referred to in this subsection as the `Fund'), into which shall be deposited all amounts collected as fees under paragraph (1) and which shall be available as provided under paragraph (3). `(3) AVAILABILITY OF FEES- `(A) IN GENERAL- Notwithstanding section 3302 of title 31, United States Code, all amounts deposited in the Fund-- `(i) shall be credited as offsetting collections; `(ii) shall be available for expenditure for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and the administration of the inspection program under this section; `(iii) shall be available only to the extent provided for in advance in an appropriations Act; and `(iv) shall remain available until expended. `(B) USE FOR FIELD OFFICES- Not less than 75 percent of amounts in the Fund may be appropriated for use only for the respective Department of the Interior field offices where the amounts were originally assessed as fees. `(4) INITIAL FEES- Fees shall be established under this subsection for the fiscal year in which this subsection takes effect and the subsequent 10 years, and shall not be raised without advise and consent of the Congress, except as determined by the Secretary to be appropriate as an adjustment equal to the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the claim was determined or last adjusted. `(5) ANNUAL FEES- Annual fees shall be collected under this subsection for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2013 shall be-- `(A) $10,500 for facilities with no wells, but with processing equipment or gathering lines; `(B) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and `(C) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. `(6) FEES FOR DRILLING RIGS- Fees for drilling rigs shall be assessed under this subsection for all inspections completed in fiscal years 2013 through 2022. Fees for fiscal year 2013 shall be-- `(A) $30,500 per inspection for rigs operating in water depths of 1,000 feet or more; and `(B) $16,700 per inspection for rigs operating in water depths of less than 1,000 feet. `(7) BILLING- The Secretary shall bill designated operators under paragraph (5) within 60 days after the date of the inspection, with payment required within 30 days of billing. The Secretary shall bill designated operators under paragraph (6) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days after billing. `(8) SUNSET- No fee may be collected under this subsection for any fiscal year after fiscal year 2022. `(9) ANNUAL REPORTS- `(A) IN GENERAL- Not later than 60 days after the end of each fiscal year beginning with fiscal year 2013, 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 on the operation of the Fund during the fiscal year. `(B) CONTENTS- Each report shall include, for the fiscal year covered by the report, the following: `(i) A statement of the amounts deposited into the Fund. `(ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures and the additional hiring of personnel. `(iii) A statement of the balance remaining in the Fund at the end of the fiscal year. `(iv) An accounting of pace of permit approvals. `(v) If fee increases are proposed after the initial 10-year period referred to in paragraph (5), a proper accounting of the potential adverse economic impacts such fee increases will have on offshore economic activity and overall production, conducted by the Secretary. `(vi) Recommendations to increase the efficacy and efficiency of offshore inspections. `(vii) Any corrective actions levied upon offshore inspectors as a result of any form of misconduct.'. SEC. 410. PROHIBITION ON ACTION BASED ON NATIONAL OCEAN POLICY DEVELOPED UNDER EXECUTIVE ORDER NO. 13547. (a) Prohibition- The Bureau of Ocean Energy and the Ocean Energy Safety Service may not develop, propose, finalize, administer, or implement, any limitation on activities under their jurisdiction as a result of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547. (b) Report on Expenditures- Not later than 60 days after the date of enactment of this Act, the President shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate identifying all Federal expenditures in fiscal years 2011, 2012, and 2013, by the Bureau of Ocean Energy and the Ocean Energy Safety Service and their predecessor agencies, by agency, account, and any pertinent subaccounts, for the development, administration, or implementation of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547, including staff time, travel, and other related expenses. TITLE V--UNITED STATES TERRITORIES SEC. 501. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT TO TERRITORIES OF THE UNITED STATES. Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended-- (1) in paragraph (a), by inserting after `control' the following: `or lying within the United States exclusive economic zone and the Continental Shelf adjacent to any territory of the United States'; (2) in paragraph (p), by striking `and' after the semicolon at the end; (3) in paragraph (q), by striking the period at the end and inserting `; and'; and (4) by adding at the end the following: `(r) The term `State' includes each territory of the United States.'. TITLE VI--MISCELLANEOUS PROVISIONS SEC. 601. RULES REGARDING DISTRIBUTION OF REVENUES UNDER GULF OF MEXICO ENERGY SECURITY ACT OF 2006. (a) In General- Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall issue rules to provide more clarity, certainty, and stability to the revenue streams contemplated by the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note). (b) Contents- The rules shall include clarification of the timing and methods of disbursements of funds under section 105(b)(2) of such Act. SEC. 602. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF REVENUES. Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109-432; 43 U.S.C. 1331 note) shall be applied by substituting `2023, and shall not exceed $999,999,999 for each of fiscal years 2024 through 2055' for `2055'. SEC. 603. SEISMIC TESTING IN THE ATLANTIC OUTER CONTINENTAL SHELF. Not later than December 31, 2013, the Bureau of Ocean Energy Management shall publish a record of decision on the Atlantic G&G Programmatic Final Environmental Impact Statement. TITLE VII--JUDICIAL REVIEW SEC. 701. TIME FOR FILING COMPLAINT. (a) In General- Any cause of action that arises from a covered energy decision must be filed not later than the end of the 60-day period beginning on the date of the covered energy decision. Any cause of action not filed within this time period shall be barred. (b) Exception- Subsection (a) shall not apply to a cause of action brought by a party to a covered energy lease. SEC. 702. DISTRICT COURT DEADLINE. (a) In General- All proceedings that are subject to section 701-- (1) shall be brought in the United States district court for the district in which the Federal property for which a covered energy lease is issued is located or the United States District Court of the District of Columbia; (2) shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause or claim is filed; and (3) shall take precedence over all other pending matters before the district court. (b) Failure to Comply With Deadline- If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline described under this section, the cause or claim shall be dismissed with prejudice and all rights relating to such cause or claim shall be terminated. SEC. 703. ABILITY TO SEEK APPELLATE REVIEW. An interlocutory or final judgment, decree, or order of the district court in a proceeding that is subject to section 701 may be reviewed by the U.S. Court of Appeals for the District of Columbia Circuit. The D.C. Circuit shall resolve any such appeal as expeditiously as possible and, in any event, not more than 180 days after such interlocutory or final judgment, decree, or order of the district court was issued. SEC. 704. LIMITATION ON SCOPE OF REVIEW AND RELIEF. (a) Administrative Findings and Conclusions- In any judicial review of any Federal action under this title, 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. (b) Limitation on Prospective Relief- In any judicial review of any action, or failure to act, under this title, 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. SEC. 705. LEGAL FEES. Any person filing a petition seeking judicial review of any action, or failure to act, under this title 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. SEC. 706. EXCLUSION. This title shall not apply with respect 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. SEC. 707. DEFINITIONS. In this title, the following definitions apply: (1) COVERED ENERGY DECISION- The term `covered energy decision' means any action or decision by a Federal official regarding the issuance of a covered energy lease. (2) COVERED ENERGY LEASE- The term `covered energy lease' means any lease under this Act or under an oil and gas leasing program under this Act. Passed the House of Representatives June 28, 2013. Attest: KAREN L. HAAS, Clerk.
S.2221 Apr-08-14
STATUS: April 8, 2014.--Introduced. April 11, 2014.--Mrs. Stabenow added as cosponsor. July 23, 2014.--Hearing by subcommittee. (56) S.2221 MotorCities National Heritage Area Extension Act (Introduced in Senate - IS) S 2221 IS 113th CONGRESS2d SessionS. 2221 To extend the authorization for the Automobile National Heritage Area in Michigan. IN THE SENATE OF THE UNITED STATESApril 8, 2014 Mr. LEVIN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To extend the authorization for the Automobile National Heritage Area in Michigan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `MotorCities National Heritage Area Extension Act'. SEC. 2. AUTOMOBILE NATIONAL HERITAGE AREA AUTHORIZATION EXTENDED. Section 109 of the Automobile National Heritage Area Act (16 U.S.C. 461 note; Public Law 105-355) is amended by striking `September 30, 2014' and inserting `September 30, 2030'.