Legislation

Bill Introduced Description
S.2554 Jun-26-14
STATUS: June 26, 2014.--Introduced. June 26, 2014.--Referred to Committee on Energy and Natural Resources. Original measure reported by Senator Landrieu. S. Rept. No. 113-200. June 26, 2014.--Placed on Senate Legislative Calendar [Calendar No. 446] S.2554 Keystone XL Pipeline Approval Act (Placed on Calendar Senate - PCS) S 2554 PCS Calendar No. 446113th CONGRESS2d SessionS. 2554[Report No. 113-200] To approve the Keystone XL Pipeline. IN THE SENATE OF THE UNITED STATESJune 26, 2014 Ms. LANDRIEU, from the Committee on Energy and Natural Resources, reported the following original bill; which was read twice and placed on the calendar A BILL To approve the Keystone XL Pipeline. 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 `Keystone XL Pipeline Approval Act'. SEC. 2. KEYSTONE XL APPROVAL. (a) In General- TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline and cross-border facilities described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State (including any subsequent revision to the pipeline route within the State of Nebraska required or authorized by the State of Nebraska). (b) Environmental Impact Statement- The Final Supplemental Environmental Impact Statement issued by the Secretary of State in January 2014, regarding the pipeline referred to in subsection (a), and the environmental analysis, consultation, and review described in that document (including appendices) shall be considered to fully satisfy-- (1) all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2) any other provision of law that requires Federal agency consultation or review (including the consultation or review required under section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a))) with respect to the pipeline and facilities referred to in subsection (a). (c) Permits- Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities referred to in subsection (a) shall remain in effect. (d) Judicial Review- Except for review in the Supreme Court of the United States, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any civil action for the review of an order or action of a Federal agency regarding the pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, that are approved by this Act (including any order granting a permit or right-of-way, or any other agency action taken to construct or complete the project pursuant to Federal law). (e) Private Property Savings Clause- Nothing in this Act alters any Federal, State, or local process or condition in effect on the date of enactment of this Act that is necessary to secure access from an owner of private property to construct the pipeline and cross-border facilities described in subsection (a). Calendar No. 446 113th CONGRESS2d SessionS. 2554[Report No. 113-200]A BILL To approve the Keystone XL Pipeline. June 26, 2014Read twice and placed on the calendar
S.2544 Jun-26-14
STATUS: June 26, 2014.--Referred to Committee on Energy and Natural Resources. S.2544 To authorize early repayment of obligations to the Bureau of Reclamation within the Northport Irrigation District in the State of Nebraska. (Introduced in Senate - IS) S 2544 IS 113th CONGRESS2d SessionS. 2544 To authorize early repayment of obligations to the Bureau of Reclamation within the Northport Irrigation District in the State of Nebraska. IN THE SENATE OF THE UNITED STATESJune 26, 2014 Mr. JOHANNS (for himself and Mrs. FISCHER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize early repayment of obligations to the Bureau of Reclamation within the Northport Irrigation District in the State of Nebraska. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EARLY REPAYMENT OF CONSTRUCTION COSTS. (a) In General- Notwithstanding section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner within the Northport Irrigation District in the State of Nebraska (referred to in this section as the `district') may repay, at any time, the construction costs of project facilities allocated to the land of the landowner within the district. (b) Applicability of Full-Cost Pricing Limitations- On discharge, in full, of the obligation for repayment of the construction costs that are allocated to all land of the landowner in the district, the land shall not be subject to the ownership and full-cost pricing limitations under the reclamation laws. (c) Certification- On request of a landowner that has repaid, in full, the construction costs described in subsection (a), the Secretary of the Interior shall provide to the landowner a certificate described in section 213(b)(1) of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(b)(1)). (d) Effect- Nothing in this section-- (1) modifies any contractual rights under, or amends or reopens, the reclamation contract between the district and the United States; or (2) modifies any rights, obligations, or relationships between the district and landowners in the district under Nebraska State law.
S.2537 Jun-26-14
STATUS: June 26, 2014.--Referred to Senate Committee on Energy and Natural Resources. S.2537 Red River Private Property Protection Act (Introduced in Senate - IS) S 2537 IS 113th CONGRESS2d SessionS. 2537 To provide legal certainty to property owners along the Red River in Texas, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 26, 2014 Mr. CORNYN (for himself and Mr. CRUZ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide legal certainty to property owners along the Red River in Texas, 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 `Red River Private Property Protection Act'. SEC. 2. FINDINGS. Congress finds as follows: (1) In 1923, the Supreme Court found the border between Texas and Oklahoma to be: `the water-washed and relatively permanent elevation or acclivity at the outer line of the river bed which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the waters within the bed and to preserve the course of the river, and that the boundary intended is on and along the bank at the average or mean level attained by the waters in the periods when they reach and wash the bank without overflowing it. When we speak of the bed, we include all of the area which is kept practically bare of vegetation by the wash of the waters of the river from year to year in their onward course, although parts of it are left dry for months at a time, and we exclude the lateral valleys, which have the characteristics of relatively fast land and usually are covered by upland grasses and vegetation, although temporarily overflowed in exceptional instances when the river is at flood.'. (2) This would become known as the `gradient boundary'. (3) This decision makes clear that, absent water that is physically touching the bank, the high bluff or `ancient bank' along the southern edge of the Red River is not the boundary between Texas and Oklahoma. (4) In 2000, Public Law 106-288 ratified the Red River Boundary Compact agreed to and signed into State law by Texas and Oklahoma that sets the boundary between the States to be the vegetation line on the south bank of the Red River, except for the Texoma area where the boundary is established pursuant to procedures provided for in the Compact. (5) Therefore, the Bureau of Land Management should have no claim to land that is either south of the `gradient boundary' established by the Supreme Court or south of the vegetation line on the southern bank of the Red River pursuant to Public Law 106-288 whereby landowners have proof of their right, title, and interest to the land and have been paying property taxes accordingly. SEC. 3. ISSUANCE OF QUIT CLAIM DEEDS. (a) In General- The Secretary shall relinquish and shall transfer by quit claim deed all right, title, and interest of the United States in and to Red River lands to any claimant who demonstrates to the satisfaction of the Secretary that official county or State records indicate that the claimant holds all right, title, and interest to those lands. (b) Public Notification- The Secretary shall publish in the Federal Register and on official and appropriate Web sites the process to receive written and/or electronic submissions of the documents required under subsection (a). The Secretary shall treat all proper notifications received from the claimant as fulfilling the satisfaction requirements under subsection (a). (c) Standard of Approval- The Secretary shall accept all official county and State records as filed in the county on the date of submission proving right, title, and interest. (d) Time Period for Approval or Disapproval of Request- The Secretary shall approve or disapprove a request for a quit claim deed under subsection (a) not later than 120 days after the date on which the written request is received by the Secretary. If the Secretary fails to approve or disapprove such a request by the end of such 120-day period, the request shall be deemed to be approved. SEC. 4. RESOURCE MANAGEMENT PLAN. The Secretary shall ensure that no parcels of Red River lands are treated as Federal land for the purpose of any resource management plan until the Secretary has ensured that such parcels are not subject to transfer under section 3. SEC. 5. DEFINITIONS. For the purposes of this Act-- (1) the term `Red River lands' means lands along the approximately 539-mile stretch of the Red River between the States of Texas and Oklahoma; and (2) the term `Secretary' means the Secretary of the Interior, acting through the Director of Bureau of Land Management.
S.2494 Jun-18-14
STATUS June 18, 2014.--Introduced. S.2494 Natural Gas Export Promotion Act of 2014 (Introduced in Senate - IS) S 2494 IS 113th CONGRESS2d SessionS. 2494 To expedite applications to export natural gas, to require the public disclosure of liquefied natural gas export destinations, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 18, 2014 Mr. UDALL of Colorado (for himself, Ms. LANDRIEU, and Mr. BEGICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To expedite applications to export natural gas, to require the public disclosure of liquefied natural gas export destinations, 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 `Natural Gas Export Promotion Act of 2014'. SEC. 2. APPLICATIONS TO EXPORT NATURAL GAS. (a) In General- The Secretary of Energy (referred to in this section as the `Secretary') shall issue a final decision on any application for authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) that is pending on or filed on or after the date of enactment of this Act not later than 45 days after conclusion of the review required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Judicial Review- (1) IN GENERAL- Except for review in the Supreme Court, 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 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. SEC. 3. PUBLIC DISCLOSURE OF EXPORT DESTINATIONS. Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following: `(g) Public Disclosure of Liquefied Natural Gas Export Destinations- `(1) IN GENERAL- In the case of any authorization to export liquefied natural gas, the Secretary of Energy shall require the applicant to report to the Secretary of Energy the names of the one or more countries of destination to which the exported liquefied natural gas is delivered. `(2) TIMING- The applicant shall file the report required under paragraph (1) not later than-- `(A) in the case of the first export, the last day of the month following the month of the first export; and `(B) in the case of subsequent exports, the date that is 30 days after the last day of the applicable month concerning the activity of the previous month. `(3) DISCLOSURE- The Secretary of Energy shall publish the information reported under this subsection on the website of the Department of Energy and otherwise make the information available to the public.'.
S.2470 Jun-12-14
STATUS: June 12, 2014.--Introduced. September 18, 2014.--S.AMDT.3885 Referred to the Committee on Energy and Natural Resources. S.2470 New Mexico Drought Relief Act of 2014 (Introduced in Senate - IS) S 2470 IS 113th CONGRESS2d SessionS. 2470 To provide for drought relief measures in the State of New Mexico, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 12, 2014 Mr. UDALL of New Mexico (for himself and Mr. HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for drought relief measures in the State of New Mexico, 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; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `New Mexico Drought Relief Act of 2014'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Water acquisition program. Sec. 4. Water conservation. Sec. 5. Middle Rio Grande peak flow restoration. Sec. 6. National Academy of Sciences study. Sec. 7. Emergency funding. Sec. 8. Secure Water Act reauthorization. Sec. 9. Reclamation States Emergency Drought Relief Act reauthorization. Sec. 10. Rio Grande Pueblo irrigation infrastructure reauthorization. Sec. 11. Regional conservation partnership program. Sec. 12. Conservation reserve program. Sec. 13. Effect on State law. SEC. 2. DEFINITIONS. In this Act: (1) BASIN- The term `Basin' means each of-- (A) the Upper Rio Grande Basin; (B) the Middle Rio Grande Basin; (C) the Lower Rio Grande Basin; (D) the Lower Pecos River Basin; (E) the Gila River Basin; (F) the Canadian River Basin; (G) the San Francisco River Basin; and (H) the San Juan River Basin. (2) DISTRICT- The term `District' means the Middle Rio Grande Conservancy District. (3) PUEBLO- The term `Pueblo' means each of the following pueblos in the State: (A) Cochiti. (B) Santo Domingo. (C) San Felipe. (D) Santa Ana. (E) Sandia. (F) Isleta. (4) SECRETARIES- The term `Secretaries' means-- (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce; and (C) the Secretary of the Interior. (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. (6) STATE- The term `State' means the State of New Mexico. SEC. 3. WATER ACQUISITION PROGRAM. (a) In General- The Secretary, acting through the Commissioner of Reclamation, shall carry out in the Basins a water acquisition program in coordination with the other appropriate Federal agencies, State agencies, and non-Federal stakeholders, under which the Secretary shall-- (1) make acquisitions of water in the Basins; and (2) take any other actions that the Secretary determines would achieve the purposes of the water acquisition program described in subsection (b). (b) Purposes- The purposes of the water acquisition program are-- (1) to enhance stream flow to benefit fish and wildlife (including endangered species), water quality, and river ecosystem restoration in the Basins; and (2) to enhance stewardship and conservation of working land, water, and watersheds in the Basins, consistent with the purpose described in paragraph (1). (c) Coordination- To assist in developing and administering the program, the Secretary may provide funds to a federally established nonprofit entity with particular expertise in western water transactions. (d) District Projects- Subject to State law, the Secretary may develop programs to provide-- (1) cost-share assistance to the District or agricultural producers and irrigators in the District for making irrigation system improvements that increase system efficiency; (2) for the use of agricultural leasing agreements to allow the District to provide water for the purpose of providing benefits to species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and other river ecosystem benefits; and (3) cost-share assistance to the District to implement infrastructure or operational changes that will allow for effective management of a leasing program, while maintaining adequate water deliveries to other agricultural producers and irrigators. (e) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $30,000,000. SEC. 4. WATER CONSERVATION. (a) In General- The Secretary, in cooperation with the District and in consultation with the Pueblos, may provide funding and technical assistance for the installation of metering and measurement devices and the construction of check structures on irrigation diversions, canals, laterals, ditches, and drains-- (1) to ensure the conservation and efficient use of water within the District by reducing actual consumptive use or not increasing the use of water; and (2) to improve the measurement and allocation of water acquired through the water acquisition program established under section 3. (b) Rio Grande, San Acacia Reach- (1) IN GENERAL- The Secretary shall provide for development of a comprehensive plan for the San Acacia reach to plan, design, construct and prioritize projects that balance river maintenance, water availability, use, and delivery, and ecosystem benefits, including-- (A) planning, permitting, and construction of a pumping station at Bosque del Apache National Wildlife Refuge for the purpose of more efficiently using water to provide-- (i) a stable supply for the Refuge; and (ii) additional water to the Rio Grande for the benefit of the endangered silvery minnow and Southwestern willow flycatcher; (B) planning, permitting, and construction of a channel realignment project near the Rio Grande mile-83 for the purpose addressing channel aggradation while maintaining floodplain connectivity; (C) planning, permitting, and construction of a controlled outlet for the low flow conveyance channel to the Rio Grande between Fort Craig, New Mexico and Rio Grande mile-60 for the purpose of water use and delivery, enhancement and development of habitat areas, and possible creation of a single-channel river ecosystem; (D) planning, permitting, and modification or possible removal of the San Acacia Diversion Dam for purposes of reducing habitat fragmentation and securing fish passage, including channel restoration as necessary, while ensuring adequate water supplies for irrigators; and (E) development of a San Acacia reach study to identify additional projects and maintenance activities with water use and delivery and ecosystem benefits and prioritize implementation of all projects and activities. (2) PUBLIC PARTICIPATION- In carrying out this subsection, the Secretary shall provide a process for public participation and comment during plan development and alternative analysis. (c) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $18,000,000. SEC. 5. MIDDLE RIO GRANDE PEAK FLOW RESTORATION. (a) In General- During the 5-year period beginning on the date of enactment of this Act, the Secretary of the Army shall continue the temporary deviation in the operation of Cochiti Lake and Jemez Canyon Dam that was initiated in 2009 to evaluate the benefits of a potential permanent reauthorization of the reservoirs. (b) Goals- The deviation mandated under subsection (a) shall provide for the detention and release of native Rio Grande water and San Juan-Chama Project water with the goals of-- (1) restoring natural river processes to the Rio Grande, including a Spring peak flow to the Rio Grande; (2) increasing the spawning and recruitment of endangered Rio Grande silvery minnows; (3) creating overbanking flows that are necessary-- (A) to maintain a healthy bosque; and (B) to support habitat for the Southwestern willow flycatcher and other wildlife; and (4) maintaining channel capacity. (c) Monitoring- The Secretary of the Army, in cooperation with the Secretary and other members of the Middle Rio Grande Endangered Species Collaborative Program, shall-- (1) monitor the environmental effects, benefits, and results of the deviation mandated under this section; and (2) compile any data necessary to evaluate the need for further amendment to the authorizations and water control manuals for Cochiti Lake or Jemez Canyon Dam. (d) Consultation Required- Before implementing the proposed deviation under this section, as required by the applicable water control manuals, the Secretary of the Army shall first obtain approval from-- (1) Pueblo de Cochiti regarding the effect of the deviation on the easement of Pueblo de Cochiti; (2) Pueblo of Santa Ana; and (3) the Rio Grande Compact Commission. (e) Reports- The Secretary of the Army shall prepare and submit to Congress-- (1) for each year in which the deviation is being carried out under this section, annual reports that describe the data compiled under subsection (c)(2); and (2) at the end of the period described in subsection (a), a final, cumulative report that summarizes the data obtained during that period. SEC. 6. NATIONAL ACADEMY OF SCIENCES STUDY. (a) In General- Not later than 60 days after the date of enactment of this Act, the Secretary of the Army and the Secretary shall enter into an arrangement with the National Academy of Sciences to carry out a study on water and reservoir management and operation issues along the Rio Grande (including the Heron, El Vado, Abiquiu, Cochiti, Jemez Canyon, Elephant Butte, and Caballo Dams and Reservoirs), which shall include-- (1) an evaluation of existing Rio Grande reservoir authorizations and legal requirements; (2) a summary of-- (A) the physical-hydrologic understanding of existing Rio Grande reservoir operations; and (B) any potential constraints on the Rio Grande reservoir in light of climate change projections; (3) an identification of opportunities to optimize water management to benefit the Rio Grande ecosystem, irrigators and municipal users, and to promote water conservation through reauthorization of, reoperation of, or physical improvements to the reservoirs; (4) an evaluation of the physical-hydrologic feasibility of the identified future reservoir management scenarios; (5) an identification of water use, supply, and accounting impacts to other stakeholders in the State; (6) consideration of operations such as-- (A) the storage of supplemental water acquired by and under the control of the Bureau of Reclamation; (B) the carryover storage of San Juan-Chama Project contract water and Pueblo Prior and Paramount operation water; (C) changes in timing of water released to offset municipal pumping; (D) changes in the timing of storage and release of floodwaters; (E) the reduction of evaporative losses from reservoirs; (F) conservation of water resulting from irrigation operation changes; (G) the impacts of deliveries of New Mexico Rio Grande Compact water; (H) the impacts of management and operations on recreation and hydropower; (I) the impacts of management and operations on the Rio Grande ecosystem and the habitats that support species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (J) any other factors the Academy determines to be necessary for purposes of fully evaluating opportunities to achieve greater water conservation, drought resiliency, and ecological health; and (7) recommendations for future management scenarios and measures that Congress should take to assist the agencies in establishing more flexible operating procedures to improve the performance of reservoir operations in accommodating multiple purposes. (b) Cosponsors- The Secretary of the Army and the Secretary may solicit cosponsors for the study under subsection (a), as appropriate, including State or private organizations. (c) Public Availability of Study- On the date on which the National Academy of Sciences completes the study under this section, the National Academy of Sciences shall make available to the public the results of the study. (d) Report- Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary of the Army and the Secretary a report that contains a summary of the results of the study conducted under this section. (e) Due Deference- The Secretary of the Army and the Secretary shall provide for due deference to the study and report prepared under this section in water management activities undertaken by the Secretary of the Army and the Secretary in the Rio Grande. SEC. 7. EMERGENCY FUNDING. (a) Financial Assistance- (1) IN GENERAL- Financial assistance may be made available under the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2201 et seq.), title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), and any other applicable Federal law (including regulations), to be divided among each applicable program at the discretion of the Secretaries for eligible water projects to assist the State and other Western States address drought-related impacts to water supplies or any other immediate water-related crisis or conflict. (2) ADDITIONAL AVAILABILITY- Financial assistance may be made available under this section to organizations and entities, including tribal governments, that are engaged in collaborative processes to restore the environment or are part of a basin-wide solution for restoration. (b) Types of Assistance- Assistance under subsection (a) shall include a range of projects, including-- (1) the installation of pumps, temporary barriers, or operable gates for water diversion and fish protection; (2) the installation of drought-relief groundwater wells for Indian tribes and in wildlife refuges and other areas; (3) the acquisition or assistance in the acquisition of water from willing sellers to enhance stream flow for the benefit of fish and wildlife (including endangered species), water quality, river ecosystem restoration, and other beneficial purposes; (4) agricultural and urban conservation and efficiency projects providing multiple water supply benefits; (5) exchanges with any water district willing to provide water to meet the emergency water needs of other water districts in return for the delivery of equivalent quantities of water later that year or in future years; (6) maintenance of cover crops to prevent public health impacts from severe dust storms; (7) emergency pumping projects for critical health and safety purposes; (8) activities to reduce water demand consistent with a comprehensive program for environmental restoration and settlement of water rights claims; (9) the use of new or innovative on-farm water conservation technologies or methods that may-- (A) assist in sustaining permanent crops in areas with severe water shortages; and (B) make water available for other beneficial uses; (10) activities that protect, restore, or enhance fish and wildlife habitat or otherwise improve environmental conditions, including water quantity or quality concerns and improved fish passage; (11) activities reducing or preventing groundwater depletion or promoting groundwater recharge; (12) technical assistance to improve existing irrigation practices to provide water supply benefits; (13) the investigation of, and pilot projects for, brackish water development and aquifer storage and recovery; (14) the lining of irrigation ditches and canals to reduce water loss and improve efficiency; (15) assistance to municipal water management entities for water supply planning in preparation for and in response to dry, critically dry, and below normal water years, including-- (A) hydrological forecasting; (B) identification of alternative water supply sources; and (C) guidance on potential water transfer partners; and (16) any other assistance the Secretary determines to be necessary to increase available water supplies, maintain the health of river ecosystems, or mitigate drought impacts. SEC. 8. SECURE WATER ACT REAUTHORIZATION. Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(H)-- (i) in clause (i), by striking `or' after the semicolon at the end; (ii) in clause (ii), by striking the period at the end and inserting `; or'; and (iii) by adding at the end the following: `(iii) to plan for or address the impacts of drought.'; and (B) in paragraph (3)(E), by adding at the end the following: `(v) AUTHORITY OF COMMISSIONER- The Commissioner of Reclamation may, at the discretion of the Commissioner-- `(I) waive any cost-share requirements to address emergency drought situations; `(II) prioritize projects based on the ability of the projects-- `(aa) to expeditiously yield multiple water supply benefits during periods of drought; or `(bb) to prevent any other immediate water-related crisis or conflict; and `(III) give priority to projects demonstrating innovative conservation tools or methods that balance instream and out-of-stream water supply needs, including water conservation and water marketing.'; and (2) in subsection (e), by striking `$200,000,000' and inserting `$300,000,000'. SEC. 9. RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT REAUTHORIZATION. Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) is amended-- (1) by striking `$90,000,000' and inserting `$190,000,000'; and (2) by striking `2012' and inserting `2018'. SEC. 10. RIO GRANDE PUEBLO IRRIGATION INFRASTRUCTURE REAUTHORIZATION. Section 9106 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1304) is amended-- (1) in subsection (c)(4), by striking `2 years after the date of enactment of this Act' and inserting `December 31, 2016'; and (2) in subsection (g)(2)-- (A) by striking `$6,000,000' and inserting `$12,000,000'; and (B) by striking `2010 through 2019' and inserting `2015 through 2024'. SEC. 11. REGIONAL CONSERVATION PARTNERSHIP PROGRAM. The Secretary of Agriculture may allocate financial assistance made available under subtitle I of title XII of the Food Security Act of 1985 (16 U.S.C. 3871 et seq.) to establish special conservation initiatives at the local, State, or regional level to assist producers in implementing eligible activities on agricultural land in the western States for the purposes of-- (1) mitigating the effects of drought on agricultural production and the environment; (2) improving water quality and quantity, including reducing groundwater depletion; (3) restoring, enhancing, and preserving fish and wildlife habitat; and (4) promoting innovative and collaborative conservation tools and approaches. SEC. 12. CONSERVATION RESERVE PROGRAM. (a) Conservation Priority Areas- Section 1231(f) of the Food Security Act of 1985 (16 U.S.C. 3831(f)) is amended-- (1) in paragraph (2), by striking `or' and all that follows through the period at the end and inserting `, water quantity, or habitat impacts related to agricultural production activities.'; (2) in paragraph (3), by striking `or' and all that follows through the period at the end and inserting `, water quantity, or habitat impacts related to agricultural production activities.'; and (3) in paragraph (4), by striking `water quality and habitat benefits' and inserting `water quality, water quantity, and habitat benefits'. (b) Special Conservation Reserve Enhancement Program- Section 1234(g)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3834(g)(2)(B)) is amended by inserting `, including improving water conservation and drought mitigation' before the period at the end. SEC. 13. EFFECT ON STATE LAW. (a) In General- An action taken by any of the Secretaries or other entity under this Act or an amendment made by this Act shall comply with applicable State laws in effect on the date of enactment of this Act, including a law described in subsection (b). (b) State Law- Nothing in this Act or an amendment made by this Act affects, is intended to affect, or interferes with a law of the State relating to the control, appropriation, use, or distribution of water, or any vested right acquired under the law.
S.2440 Jun-05-14
STATUS: June 5, 2014.--Introduced. June 10, 2014.--Mr. Tester added as cosponsor. June 18, 2014.--Mr. Hatch added as cosponsor. July 17, 2014.--Mr. Bennet added as cosponsor. July 29, 2014.--Full committee hearing held. September 16, 2014.--Passed Senate with amendments by Unanimous Consent. S.AMDT.3822 S.2440 BLM Permit Processing Improvement Act of 2014 (Introduced in Senate - IS) S 2440 IS 113th CONGRESS2d SessionS. 2440 To expand and extend the program to improve permit coordination by the Bureau of Land Management, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 5, 2014 Mr. UDALL of New Mexico (for himself, Mr. BARRASSO, Mr. HEINRICH, Mr. HOEVEN, Mr. ENZI, Mr. UDALL of Colorado, Mr. HELLER, Mr. WALSH, Mr. INHOFE, and Ms. HEITKAMP) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To expand and extend the program to improve permit coordination by the Bureau of Land Management, 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 `BLM Permit Processing Improvement Act of 2014'. SEC. 2. PROGRAM TO IMPROVE FEDERAL PERMIT COORDINATION. Section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924) is amended-- (1) in the section heading, by striking `pilot'; (2) by striking `Pilot Project' each place it appears and inserting `Project'; (3) in subsection (b)(2), by striking `Wyoming, Montana, Colorado, Utah, and New Mexico' and inserting `the States in which Project offices are located'; (4) in subsection (d)-- (A) in the subsection heading, by striking `Pilot'; and (B) by adding at the end the following: `(8) Any other State, district, or field office of the Bureau of Land Management determined by the Secretary.'; (5) by striking subsection (e) and inserting the following: `(e) Report to Congress- Not later than February 1 of the first fiscal year beginning after the date of enactment of the BLM Permit Processing Improvement Act of 2014 and each February 1 thereafter, the Secretary shall report to the Chairman and ranking minority Member of the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, which shall include-- `(1) the allocation of funds to each Project office for the previous fiscal year; and `(2) the accomplishments of each Project office relating to the coordination and processing of oil and gas use authorizations during that fiscal year.'; (6) in subsection (h), by striking paragraph (6) and inserting the following: `(6) the States in which Project offices are located.'; (7) by striking subsection (i); and (8) by redesignating subsection (j) as subsection (i). SEC. 3. BLM OIL AND GAS PERMIT PROCESSING FEE. Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following: `(d) BLM Oil and Gas Permit Processing Fee- `(1) IN GENERAL- Notwithstanding any other provision of law, for each of fiscal years 2016 through 2026, the Secretary, acting through the Director of the Bureau of Land Management, shall collect a fee for each new application for a permit to drill that is submitted to the Secretary. `(2) AMOUNT- The amount of the fee shall be $9,500 for each new application, as indexed for United States dollar inflation from October 1, 2015 (as measured by the Consumer Price Index). `(3) USE- Of the fees collected under this subsection for a fiscal year, the Secretary shall transfer-- `(A) for each of fiscal years 2016 through 2019-- `(i) 15 percent to the field offices that collected the fees and used to process protests, leases, and permits under this Act, subject to appropriation; and `(ii) 85 percent to the BLM Permit Processing Improvement Fund established under subsection (c)(2)(B) (referred to in this subsection as the `Fund'); and `(B) for each of fiscal years 2020 through 2026, all of the fees to the Fund. `(4) ADDITIONAL COSTS- During each of fiscal years of 2016 through 2026, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for permits to drill.'. SEC. 4. BLM PERMIT PROCESSING IMPROVEMENT FUND. (a) In General- Section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)) is amended by striking paragraph (3) and inserting the following: `(3) USE OF FUND- `(A) IN GENERAL- The Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal land. `(B) ACCOUNTS- The Secretary shall divide the Fund into-- `(i) a Rental Account (referred to in this subsection as the `Rental Account') comprised of rental receipts collected under this section; and `(ii) a Fee Account (referred to in this subsection as the `Fee Account') comprised of fees collected under subsection (d). `(4) RENTAL ACCOUNT- `(A) IN GENERAL- The Secretary shall use the Rental Account for-- `(i) the coordination and processing of oil and gas use authorizations on onshore Federal land under the jurisdiction of the Project offices identified under section 365(d) of the Energy Policy Act of 2005 (42 U.S.C. 15924(d)); and `(ii) training programs for development of expertise related to coordinating and processing oil and gas use authorizations. `(B) ALLOCATION- In determining the allocation of the Rental Account among Project offices for a fiscal year, the Secretary shall consider-- `(i) the number of applications for permit to drill received in a Project office during the previous fiscal year; `(ii) the backlog of applications described in clause (i) in a Project office; `(iii) publicly available industry forecasts for development of oil and gas resources under the jurisdiction of a Project office; and `(iv) any opportunities for partnership with local industry organizations and educational institutions in developing training programs to facilitate the coordination and processing of oil and gas use authorizations. `(5) FEE ACCOUNT- `(A) IN GENERAL- The Secretary shall use the Fee Account for the coordination and processing of oil and gas use authorizations on onshore Federal land. `(B) ALLOCATION- The Secretary shall transfer not less than 75 percent of the revenues collected by an office for the processing of applications for permits to the State office of the State in which the fees were collected.'. (b) Interest on Overpayment Adjustment- Section 111(h) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1721(h)) is amended in the first sentence by striking `the rate' and all that follows through the period at the end of the sentence and inserting `a rate equal to the sum of the Federal short-term rate determined under section 6621(b) of the Internal Revenue Code of 1986 plus 1 percentage point.'. SEC. 5. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled `Budgetary Effects of PAYGO Legislation' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.
S.2431 Jun-04-14
STATUS: June 4, 2014.--Introduced. S.2431 West Hunter Street Baptist Church Study Act (Introduced in Senate - IS) S 2431 IS 113th CONGRESS2d SessionS. 2431 To direct the Secretary of the Interior to conduct a special resource study of the West Hunter Street Baptist Church in Atlanta, Georgia, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 4, 2014 Mr. ISAKSON (for himself and Mr. CHAMBLISS) 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 conduct a special resource study of the West Hunter Street Baptist Church in Atlanta, Georgia, 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 `West Hunter Street Baptist Church Study Act'. SEC. 2. SPECIAL RESOURCE STUDY. (a) Study- The Secretary of the Interior shall conduct a special resource study of the historic West Hunter Street Baptist Church, located at 775 Martin Luther King Jr. Drive, SW., Atlanta, Georgia. (b) Contents- In conducting the study under subsection (a), the Secretary shall-- (1) evaluate the national significance of the site; (2) determine the suitability and feasibility of designating the area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the site by Federal, State, or local governmental entities, or private and nonprofit organizations; (4) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations or any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Applicable Law- The study required under subsection (a) shall be conducted in accordance with section 8 of Public Law 91-383 (16 U.S.C. 1a-5; commonly known as the `National Park Service General Authorities Act'). (d) Report- Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the results of the study and any conclusions and recommendations of the Secretary.
H.Res.2430 Jun-19-13
STATUS June 19, 2013.--Introduced in House July 22, 2014.--Passed in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. July 23, 2014.--Referred to Senate Committee on Energy and Natural Resources. H.R.2430 Hinchliffe Stadium Heritage Act (Referred in Senate - RFS) HR 2430 RFS 113th CONGRESS2d Session H. R. 2430IN THE SENATE OF THE UNITED STATESJuly 23, 2014 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To adjust the boundaries of Paterson Great Falls National Historical Park to include Hinchliffe Stadium, 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 `Hinchliffe Stadium Heritage Act'. SEC. 2. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK BOUNDARY ADJUSTMENT. Section 7001 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 410lll) is amended as follows: (1) In subsection (b)(3)-- (A) by striking `The Park shall' and inserting `(A) The Park shall'; (B) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively; and (C) by adding at the end the following: `(B) In addition to the lands described in subparagraph (A), the Park shall include the approximately 6 acres of land containing Hinchliffe Stadium and generally depicted as the `Boundary Modification Area' on the map entitled `Paterson Great Falls National Historical Park, Proposed Boundary Modification', numbered T03/120,155, and dated April 2014, which shall be administered as part of the Park in accordance with subsection (c)(1) and section 3 of the Hinchliffe Stadium Heritage Act.'. (2) In subsection (b)(4), by striking `The Map' and inserting `The Map and the map referred to in paragraph (3)(B)'. (3) In subsection (c)(4)-- (A) in subparagraph (A), by striking `The Secretary' and inserting `Except as provided in subparagraphs (B) and (C), the Secretary'; and (B) by inserting after subparagraph (B) the following: `(C) HINCHLIFFE STADIUM- The Secretary may not acquire fee title to Hinchliffe Stadium, but may acquire a preservation easement in Hinchliffe Stadium if the Secretary determines that doing so will facilitate resource protection of the stadium.'. SEC. 3. ADDITIONAL CONSIDERATIONS FOR HINCHLIFFE STADIUM. In administering the approximately 6 acres of land containing Hinchliffe Stadium and generally depicted as the `Boundary Modification Area' on the map entitled `Paterson Great Falls National Historical Park, Proposed Boundary Modification', numbered T03/120,155, and dated April 2014, the Secretary of the Interior-- (1) may not include non-Federal property within the approximately 6 acres of land as part of Paterson Great Falls National Historical Park without the written consent of the owner; (2) may not acquire by condemnation any land or interests in land within the approximately 6 acres of land; and (3) shall not construe this Act or the amendments made by this Act to create buffer zones outside the boundaries of the Paterson Great Falls National Historical Park. That activities or uses can be seen, heard or detected from areas within the approximately 6 acres of land added to the Paterson Great Falls National Historical Park by this Act shall not preclude, limit, control, regulate or determine the conduct or management of activities or uses outside of the Paterson Great Falls National Historical Park. Passed the House of Representatives July 22, 2014. Attest: KAREN L. HAAS, Clerk.
S.2427 Jun-04-14
STATUS: June 4, 2014.--Introduced. S.2427 Water Supply Permitting Coordination Act (Introduced in Senate - IS) S 2427 IS 113th CONGRESS2d SessionS. 2427 To authorize the Secretary of the Interior to coordinate Federal and State permitting processes related to the construction of new surface water storage projects on lands under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture and to designate the Bureau of Reclamation as the lead agency for permit processing, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 4, 2014 Mr. BARRASSO (for himself and Mr. ENZI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to coordinate Federal and State permitting processes related to the construction of new surface water storage projects on lands under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture and to designate the Bureau of Reclamation as the lead agency for permit processing, 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 `Water Supply Permitting Coordination Act'. SEC. 2. DEFINITIONS. In this Act: (1) SECRETARY- The term `Secretary' means the Secretary of the Interior. (2) BUREAU- The term `Bureau' means the Bureau of Reclamation. (3) QUALIFYING PROJECTS- The term `qualifying projects' means new surface water storage projects constructed on lands administered by the Department of the Interior or the Department of Agriculture, exclusive of any easement, right-of-way, lease, or any private holding. (4) COOPERATING AGENCIES- The term `cooperating agency' means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a qualifying project under applicable Federal laws and regulations, or a State agency subject to section 3(c). SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES. (a) Establishment of Lead Agency- The Bureau of Reclamation is established as the lead agency for purposes of coordinating all reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to construct qualifying projects. (b) Identification and Establishment of Cooperating Agencies- The Commissioner of the Bureau shall-- (1) identify, as early as practicable upon receipt of an application for a qualifying project, any Federal agency that may have jurisdiction over a review, analysis, opinion, statement, permit, license, approval, or decision required for a qualifying project under applicable Federal laws and regulations; and (2) notify any such agency, within a reasonable timeframe, that the agency has been designated as a cooperating agency in regards to the qualifying project unless that agency responds to the Bureau in writing, within a timeframe set forth by the Bureau, notifying the Bureau that the agency-- (A) has no jurisdiction or authority with respect to the qualifying project; (B) has no expertise or information relevant to the qualifying project or any review, analysis, opinion, statement, permit, license, or other approval or decision associated therewith; or (C) does not intend to submit comments on the qualifying project or conduct any review of such a project or make any decision with respect to such project in a manner other than in cooperation with the Bureau. (c) State Authority- A State in which a qualifying project is being considered may choose, consistent with State law-- (1) to participate as a cooperating agency; and (2) to make subject to the processes of this Act all State agencies that-- (A) have jurisdiction over the qualifying project; (B) are required to conduct or issue a review, analysis, or opinion for the qualifying project; or (C) are required to make a determination on issuing a permit, license, or approval for the water resource project. SEC. 4. BUREAU RESPONSIBILITIES. (a) In General- The principal responsibilities of the Bureau under this Act are to-- (1) serve as the point of contact for applicants, State agencies, Indian tribes, and others regarding proposed projects; (2) coordinate preparation of unified environmental documentation that will serve as the basis for all Federal decisions necessary to authorize the use of Federal lands for qualifying projects; and (3) coordinate all Federal agency reviews necessary for project development and construction of qualifying projects. (b) Coordination Process- The Bureau shall have the following coordination responsibilities: (1) PRE-APPLICATION COORDINATION- Notify cooperating agencies of proposed qualifying projects not later than 30 days after receipt of a proposal and facilitate a preapplication meeting for prospective applicants, relevant Federal and State agencies, and Indian tribes to-- (A) explain applicable processes, data requirements, and applicant submissions necessary to complete the required Federal agency reviews within the timeframe established; and (B) establish the schedule for the qualifying project. (2) CONSULTATION WITH COOPERATING AGENCIES- Consult with the cooperating agencies throughout the Federal agency review process, identify and obtain relevant data in a timely manner, and set necessary deadlines for cooperating agencies. (3) SCHEDULE- Work with the qualifying project applicant and cooperating agencies to establish a project schedule. In establishing the schedule, the Bureau shall consider, among other factors-- (A) the responsibilities of cooperating agencies under applicable laws and regulations; (B) the resources available to the cooperating agencies and the non-Federal qualifying project sponsor, as applicable; (C) the overall size and complexity of the qualifying project; (D) the overall schedule for and cost of the qualifying project; and (E) the sensitivity of the natural and historic resources that may be affected by the qualifying project. (4) ENVIRONMENTAL COMPLIANCE- Prepare a unified environmental review document for each qualifying project application, incorporating a single environmental record on which all cooperating agencies with authority to issue approvals for a given qualifying project shall base project approval decisions. Help ensure that cooperating agencies make necessary decisions, within their respective authorities, regarding Federal approvals in accordance with the following timelines: (A) Not later than one year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) Not later than one year and 30 days after the close of the public comment period for a draft environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), when an environmental impact statement is required under the same. (5) CONSOLIDATED ADMINISTRATIVE RECORD- Maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions. (6) PROJECT DATA RECORDS- To the extent practicable and consistent with Federal law, ensure that all project data is submitted and maintained in generally accessible electronic format, compile, and where authorized under existing law, make available such project data to cooperating agencies, the qualifying project applicant, and to the public. (7) PROJECT MANAGER- Appoint a project manager for each qualifying project. The project manager shall have authority to oversee the project and to facilitate the issuance of the relevant final authorizing documents, and shall be responsible for ensuring fulfillment of all Bureau responsibilities set forth in this section and all cooperating agency responsibilities under section 5. SEC. 5. COOPERATING AGENCY RESPONSIBILITIES. (a) Adherence to Bureau Schedule- Upon notification of an application for a qualifying project, all cooperating agencies shall submit to the Bureau a timeframe under which the cooperating agency reasonably considers it will be able to complete its authorizing responsibilities. The Bureau shall use the timeframe submitted under this subsection to establish the project schedule under section 4, and the cooperating agencies shall adhere to the project schedule established by the Bureau. (b) Environmental Record- Cooperating agencies shall submit to the Bureau all environmental review material produced or compiled in the course of carrying out activities required under Federal law consistent with the project schedule established by the Bureau. (c) Data Submission- To the extent practicable and consistent with Federal law, the cooperating agencies shall submit all relevant project data to the Bureau in a generally accessible electronic format subject to the project schedule set forth by the Bureau. SEC. 6. FUNDING TO PROCESS PERMITS. (a) In General- The Secretary, after public notice in accordance with the Administrative Procedures Act (5 U.S.C. 553), may accept and expend funds contributed by a non-Federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project or activity for a public purpose under the jurisdiction of the Department of the Interior. (b) Effect on Permitting- (1) IN GENERAL- In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally. (2) EVALUATION OF PERMITS- In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall-- (A) be reviewed by the Regional Director of the Bureau of Reclamation, or the Regional Director's designee, of the region in which the qualifying project or activity is located; and (B) use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section. (3) IMPARTIAL DECISIONMAKING- In carrying out this section, the Secretary and the cooperating agencies receiving funds under this section for qualifying projects shall ensure that the use of the funds accepted under this section for such projects shall not-- (A) impact impartial decisionmaking with respect to the issuance of permits, either substantively or procedurally; or (B) diminish, modify, or otherwise affect the statutory or regulatory authorities of such agencies. (c) Limitation on Use of Funds- None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A). (d) Public Availability- The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public, including on the Internet.
S.2409 May-22-14
STATUS: May 22, 2014.--Introduced. June 4, 2014.--Mr. Begich added as cosponsor. S.2409 American Energy Independence and Security Act of 2014 (Introduced in Senate - IS) S 2409 IS 113th CONGRESS2d SessionS. 2409 To authorize the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain in Alaska. IN THE SENATE OF THE UNITED STATESMay 22, 2014 Ms. MURKOWSKI introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain in Alaska. 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 `American Energy Independence and Security Act of 2014'. SEC. 2. DEFINITIONS. In this Act: (1) COASTAL PLAIN- The term `Coastal Plain' means the area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) FEDERAL AGREEMENT- The term `Federal Agreement' means the Federal Agreement and Grant Right-of-Way for the Trans-Alaska Pipeline issued on January 23, 1974, in accordance with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.). (3) FINAL STATEMENT- The term `Final Statement' means the final legislative environmental impact statement on the Coastal Plain, dated April 1987, and prepared pursuant to-- (A) section 1002 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3142); and (B) section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (4) MAP- The term `map' means the map entitled `Arctic National Wildlife Refuge', dated September 2005, and prepared by the United States Geological Survey. (5) SECRETARY- The term `Secretary' means-- (A) the Secretary of the Interior; or (B) the designee of the Secretary. SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN. (a) In General- (1) AUTHORIZATION- Congress authorizes the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain. (2) ACTIONS- The Secretary shall take such actions as are necessary-- (A) to establish and implement, in accordance with this Act, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (B) to administer this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that-- (i) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; and (ii) require the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this Act in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal- (1) REPEAL- Section 1003 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3143) is repealed. (2) CONFORMING AMENDMENT- The table of contents contained in section 1 of that Act (16 U.S.C. 3101 note) is amended by striking the item relating to section 1003. (c) Compliance With Requirements Under Certain Other Laws- (1) COMPATIBILITY- For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.)-- (A) the oil and gas preleasing and leasing program, and activities authorized by this section in the Coastal Plain, shall be considered to be compatible with the purposes for which the Arctic National Wildlife Refuge was established; and (B) no further findings or decisions shall be required to implement that program and those activities. (2) ADEQUACY OF THE DEPARTMENT OF THE INTERIOR'S LEGISLATIVE ENVIRONMENTAL IMPACT STATEMENT- The Final Statement shall be considered to satisfy the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that apply with respect to preleasing, including exploration programs and actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this Act before the conduct of the first lease sale. (3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS- (A) IN GENERAL- Before conducting the first lease sale under this Act, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the actions authorized by this Act that are not referred to in paragraph (2). (B) IDENTIFICATION AND ANALYSIS- Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not-- (i) identify nonleasing alternative courses of action; or (ii) analyze the environmental effects of those courses of action. (C) IDENTIFICATION OF PREFERRED ACTION- Not later than 1 year after the date of enactment of this Act, the Secretary shall identify only a preferred action and a single leasing alternative for the first lease sale authorized under this Act. (D) EFFECT OF COMPLIANCE- Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this Act. (d) Relationship to State and Local Authority- Nothing in this Act expands or limits any State or local regulatory authority. (e) Limitation on Closed Areas- The Secretary shall not close land within the Coastal Plain to oil and gas leasing or to exploration, development, or production except in accordance with this Act. (f) Regulations- Not later than 1 year after the date of enactment of this Act, in consultation with the State of Alaska, the North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, the Secretary shall promulgate such regulations as are necessary to carry out this Act. SEC. 4. LEASE SALES. (a) In General- Land may be leased pursuant to this Act to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.). (b) Procedures- The Secretary shall, by regulation, establish procedures for-- (1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in a lease sale; (2) the holding of lease sales after the nomination process described in paragraph (1); and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease Sale Bids- Bidding for leases under this Act shall be by sealed competitive cash bonus bids. (d) Acreage Minimum in First Sale- For the first lease sale under this Act, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres. (e) Timing of Lease Sales- The Secretary shall-- (1) not later than 18 months after the date of enactment of this Act, conduct the first lease sale under this Act; (2) not later than 1 year after the date on which the first lease sale is conducted under paragraph (1), conduct a second lease sale under this Act; and (3) conduct additional sales at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales. SEC. 5. GRANT OF LEASES BY THE SECRETARY. (a) In General- Upon payment by a lessee of such bonus as may be accepted by the Secretary, the Secretary shall grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 4 a lease for any land on the Coastal Plain. (b) Subsequent Transfers- (1) IN GENERAL- No lease issued under this Act may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. (2) CONDITION FOR APPROVAL- Before granting any approval described in paragraph (1), the Secretary shall consult with and give due consideration to the opinion of the Attorney General. SEC. 6. LEASE TERMS AND CONDITIONS. (a) In General- An oil or gas lease issued pursuant to this Act shall-- (1) provide for the payment of a royalty of not less than 12 1/2 percent of the amount or value of the production removed or sold from the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary, after consultation with the State of Alaska, North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, may close, on a seasonal basis, such portions of the Coastal Plain to exploratory drilling activities as are necessary to protect caribou calving areas and other species of fish and wildlife; (3) require that each lessee of land within the Coastal Plain shall be fully responsible and liable for the reclamation of land within the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities within the Coastal Plain conducted by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability described in paragraph (3) to another person without the express written approval of the Secretary; (5) provide that the standard of reclamation for land required to be reclaimed under this Act shall be, to the maximum extent practicable-- (A) a condition capable of supporting the uses that the land was capable of supporting prior to any exploration, development, or production activities; or (B) upon application by the lessee, to a higher or better standard, as approved by the Secretary; (6) contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 3(a)(2); and (7) provide that each lessee, and each agent and contractor of a lessee, shall use their best efforts to provide a fair share of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State of Alaska, as determined by the level of obligation previously agreed to in the Federal Agreement. (b) Project Labor Agreements- The Secretary, as a term and condition of each lease under this Act, and in recognizing the proprietary interest of the Federal Government in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this Act (including the special concerns of the parties to those leases), shall require that each lessee, and each agent and contractor of a lessee, under this Act negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease. SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION. (a) No Significant Adverse Effect Standard To Govern Authorized Coastal Plain Activities- In accordance with section 3, the Secretary shall administer this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, or other provisions that-- (1) ensure, to the maximum extent practicable, that oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; (2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and (3) ensure that the maximum surface acreage covered in connection with the leasing program by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain. (b) Site-Specific Assessment and Mitigation- The Secretary shall require, with respect to any proposed drilling and related activities on the Coastal Plain, that-- (1) a site-specific environmental analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the maximum extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan occur after consultation with-- (A) each agency having jurisdiction over matters mitigated by the plan; (B) the State of Alaska; (C) North Slope Borough, Alaska; and (D) the Arctic Slope Regional Corporation. (c) Regulations To Protect Coastal Plain Fish and Wildlife Resources, Subsistence Users, and the Environment- Before implementing the leasing program authorized by this Act, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, or other measures designed to ensure, to the maximum extent practicable, that the activities carried out on the Coastal Plain under this Act are conducted in a manner consistent with the purposes and environmental requirements of this Act. (d) Compliance With Federal and State Environmental Laws and Other Requirements- The regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this Act shall require-- (1) compliance with all applicable provisions of Federal and State environmental law (including regulations); and (2) implementation of and compliance with-- (A) standards that are at least as effective as the safety and environmental mitigation measures, as described in items 1 through 29 on pages 167 through 169 of the Final Statement; (B) reclamation and rehabilitation requirements in accordance with this Act for the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment on completion of oil and gas production operations, except in a case in which the Secretary determines that those facilities, structures, or equipment-- (i) would assist in the management of the Arctic National Wildlife Refuge; and (ii) are donated to the United States for that purpose; and (C) reasonable stipulations for protection of cultural and archaeological resources. (e) Access to Public Land- The Secretary shall-- (1) manage public land in the Coastal Plain in accordance with subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and (2) ensure that local residents shall have reasonable access to public land in the Coastal Plain for traditional uses. SEC. 8. FEDERAL AND STATE DISTRIBUTION OF REVENUES. (a) In General- Notwithstanding any other provision of law, of the amount of bonus, rental, and royalty revenues from oil and gas leasing and operations authorized under this Act-- (1) 50 percent shall be paid to the State of Alaska; and (2) the balance shall be deposited in the Treasury of the United States. (b) Payments to Alaska- Payments to the State of Alaska under this section shall be made on a monthly basis. SEC. 9. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN. For purposes of section 1102(4)(A) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3162(4)(A)), any rights-of-way or easements across the Coastal Plain for the exploration, development, production, or transportation of oil and gas shall be considered to be established incident to the management of the Coastal Plain under this section. SEC. 10. CONVEYANCE. Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on title to land, and to clarify land ownership patterns in the Coastal Plain, the Secretary shall-- (1) to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), as determined by the Secretary, convey to that Corporation the surface estate of the land described in paragraph (1) of Public Land Order 6959, in accordance with the terms and conditions of the agreement between the Secretary, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation, dated January 22, 1993; and (2) convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under the agreement between that corporation and the United States, dated August 9, 1983.