II 

Calendar No. 217 

114TH CONGRESS 

1ST SESSION S. 2011 

[Report No. 114–137] 

To provide for reforms of the administration of the Outer Continental Shelf 

of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2015 

Ms. MURKOWSKI, 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 provide for reforms of the administration of the Outer 

Continental Shelf of the United States, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Offshore Production and Energizing National Security 

6 Act of 2015’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—THE GULF OF MEXICO OFFSHORE ENERGY AND JOBS 

ACT OF 2015 

Sec. 101. Outer Continental Shelf leasing program reforms. 

Sec. 102. Moratorium on oil and gas leasing in certain areas of the Gulf of 

Mexico. 

Sec. 103. Requirement to implement proposed 2017–2022 oil and gas leasing 

program. 

Sec. 104. Disposition of outer Continental Shelf revenues to Gulf producing 

States. 

Sec. 105. National defense. 

Sec. 106. Environmental impact statement requirement. 

Sec. 107. State authorization. 

Sec. 108. Air emissions from outer Continental Shelf activities. 

Sec. 109. Offshore certainty. 

Sec. 110. Continuous operations rule. 

Sec. 111. GAO report on cumulative cost of regulation for offshore energy production. 

TITLE II— THE ALASKA OUTER CONTINENTAL SHELF LEASE 

SALE ACT 

Sec. 201. Lease sales in Nearshore Beaufort Sea Planning Area, Cook Inlet 

Planning Area. 

Sec. 202. Lease terms of certain Chukchi and Beaufort leases. 

Sec. 203. Distribution of revenue to Alaska. 

Sec. 204. Inclusion of Beaufort, Nearshore Beaufort, Cook Inlet, and Chukchi 

lease sales in 5-year leasing programs. 

Sec. 205. North Slope science initiative. 

TITLE III—THE SOUTHERN ATLANTIC ENERGY SECURITY ACT 

Sec. 301. Definitions. 

Sec. 302. Preserving coastal viewsheds. 

Sec. 303. 2017–2022 leasing program. 

Sec. 304. Balancing of military and energy production goals. 

Sec. 305. Disposition of revenues to Atlantic States. 

Sec. 306. Enhancing geological and geophysical education for America’s energy 

future. 

Sec. 307. Atlantic regional office. 

TITLE IV—TRIBAL RESILIENCE PROGRAM 

Sec. 401. Tribal Resilience Program. 

Sec. 402. Tribal Resilience Fund. 

TITLE V—MISCELLANEOUS 

Sec. 501. Access to markets. 

Sec. 502. Reports. 


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1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Interior. 

4 TITLE I—THE GULF OF MEXICO 

5 OFFSHORE ENERGY AND 

6 JOBS ACT OF 2015 

7 SEC. 101. OUTER CONTINENTAL SHELF LEASING PROGRAM 

8 REFORMS. 

9 Section 18(a) of the Outer Continental Shelf Lands 

10 Act (43 U.S.C. 1344(a)) is amended by adding at the end 

11 the following: 

12 ‘‘(5)(A) In this paragraph, the term ‘available 

13 unleased acreage’ means that portion of the outer 

14 Continental Shelf that is not under lease at the time 

15 of a proposed lease sale, and that has not otherwise 

16 been made unavailable for leasing by law in the Gulf 

17 of Mexico. 

18 ‘‘(B) In each oil and gas leasing program under 

19 this section, the Secretary shall make available for 

20 leasing, and conduct lease sales including, the avail21 able unleased acreage within each outer Continental 

22 Shelf planning area in the Gulf of Mexico considered 

23 to have the largest undiscovered, technically recover24 able oil and gas resources (on a total btu basis) 

25 based on the most recent national geologic assess26 ment of the outer Continental Shelf, with an emphaVerDate Sep 11 2014 23:56 Sep 09, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2011.PCS S2011

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1 sis on offering the most geologically prospective 

2 parts of the planning area. 

3 ‘‘(6)(A) The Secretary shall include in each 

4 proposed oil and gas leasing program under this sec5 tion any State subdivision of an outer Continental 

6 Shelf planning area in the Gulf of Mexico that the 

7 Governor of the State that represents that subdivi8 sion requests be made available for leasing. 

9 ‘‘(B) The Secretary may not remove a subdivi10 sion described in subparagraph (A) from the pro11 gram until publication of the final program. 

12 ‘‘(7)(A) The Secretary shall make available for 

13 leasing under each 5-year oil and gas leasing pro14 gram under this section any outer Continental Shelf 

15 planning area in the Gulf of Mexico that— 

16 ‘‘(i) is estimated to contain more than 

17 2,500,000,000 barrels of oil; or 

18 ‘‘(ii) is estimated to contain more than 

19 7,500,000,000,000 cubic feet of natural gas. 

20 ‘‘(B) To determine which planning areas meet 

21 the criteria described in subparagraph (A), the Sec22 retary shall use the document entitled ‘Bureau of 

23 Ocean Energy Management Assessment of Undis24 covered Technically Recoverable Oil and Gas ReVerDate Sep 11 2014 23:56 Sep 09, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2011.PCS S2011

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1 sources of the Nation’s Outer Continental Shelf, 

2 2011’.’’. 

3 SEC. 102. MORATORIUM ON OIL AND GAS LEASING IN CER4 TAIN AREAS OF THE GULF OF MEXICO. 

5 (a) DEFINITION OF MILITARY MISSION LINE.—Sec6 tion 102 of the Gulf of Mexico Energy Security Act of 

7 2006 (43 U.S.C. 1331 note; Public Law 109–432) is 

8 amended by striking paragraph (8) and inserting the fol9 lowing: 

10 ‘‘(8) MILITARY MISSION LINE.—The term ‘Mili11 tary Mission Line’ means the western border of the 

12 Eastern Planning Area extending from the State of 

13 Florida waters to the point that is 50 miles south 

14 in the Gulf of Mexico.’’. 

15 (b) MORATORIUM.—Section 104(a) of the Gulf of 

16 Mexico Energy Security Act of 2006 (43 U.S.C. 1331 

17 note; Public Law 109–432) is amended— 

18 (1) in paragraph (2), by striking ‘‘125’’ and in19 serting ‘‘50’’; and 

20 (2) by striking paragraph (3) and inserting the 

21 following: 

22 ‘‘(3) any area in the Central Planning Area 

23 that is within— 

24 ‘‘(A) the 181 Area; and 


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1 ‘‘(B) 50 miles off the coastline of the State 

2 of Florida.’’. 

3 SEC. 103. REQUIREMENT TO IMPLEMENT PROPOSED 2017– 

4 2022 OIL AND GAS LEASING PROGRAM. 

5 (a) IN GENERAL.—Except as otherwise provided in 

6 this title and the amendments made by this title, the Sec7 retary shall implement the Proposed Final Outer Conti8 nental Shelf Oil & Gas Leasing Program (2017–2022) in 

9 accordance with the schedule for conducting oil and gas 

10 lease sales set forth in that proposed program, the Outer 

11 Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), and 

12 other applicable law. 

13 (b) MODIFIED AND ADDITIONAL LEASE SALES.— 

14 Notwithstanding subsection (a) and the schedule of lease 

15 sales in the Proposed Final Outer Continental Shelf Oil 

16 & Gas Leasing Program (2017–2022), the Secretary shall 

17 conduct under the Outer Continental Shelf Lands Act (43 

18 U.S.C. 1331 et seq.) certain oil and gas lease sales in OCS 

19 Planning Areas in accordance with the schedule set forth 

20 in following table: 

Lease Sale No. OCS Planning Area Fiscal 

Year 

300 ............................................ Eastern Gulf of Mexico ............... 2018 

301 ............................................ Eastern Gulf of Mexico ............... 2019 

302 ............................................ Eastern Gulf of Mexico ............... 2020. 


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1 (c) LEASE SALES DESCRIBED.—For purposes of sub2 section (b), lease sale numbers 300, 301, and 302 shall 

3 be conducted— 

4 (1) for lease tracts in the Eastern Planning 

5 Area, as determined by and at the discretion of the 

6 Secretary, subject to subparagraph (3); 

7 (2) during the year specified for each such lease 

8 sale in the table contained in subsection (b); and 

9 (3) in accordance with the applicable provisions 

10 of this title. 

11 SEC. 104. DISPOSITION OF OUTER CONTINENTAL SHELF 

12 REVENUES TO GULF PRODUCING STATES. 

13 (a) DEFINITIONS.—Section 102 of the Gulf of Mexico 

14 Energy Security Act of 2006 (43 U.S.C. 1331 note; Public 

15 Law 109–432) is amended— 

16 (1) by striking paragraph (7) and inserting the 

17 following: 

18 ‘‘(7) GULF PRODUCING STATE.—The term ‘Gulf 

19 producing State’ means— 

20 ‘‘(A) each of the States of Alabama, Lou21 isiana, Mississippi, and Texas; and 

22 ‘‘(B) effective beginning in fiscal year 

23 2017, the State of Florida.’’; and 

24 (2) in paragraph (9)(A)— 


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1 (A) in clause (i)(II), by striking ‘‘and’’ at 

2 the end; and 

3 (B) by striking clause (ii) and inserting the 

4 following: 

5 ‘‘(ii) in the case of fiscal year 2017 

6 and each fiscal year thereafter, all rentals, 

7 royalties, bonus bids, and other sums due 

8 and payable to the United States received 

9 on or after October 1, 2016, from leases 

10 entered into on or after December 20, 

11 2006 in— 

12 ‘‘(I) areas in the 181 Area lo13 cated in the Eastern Planning Region; 

14 ‘‘(II) the 181 South Area; 

15 ‘‘(III) the Central Planning Area, 

16 as described in paragraph (6)(A)(ii); 

17 and 

18 ‘‘(IV) the Western Planning 

19 Area, as described in paragraph 

20 (6)(A)(iii); and 

21 ‘‘(iii) in the case of fiscal year 2017 

22 and each fiscal year thereafter, all eligible 

23 rentals, royalties, bonus bids, and other 

24 sums due and payable to the United States 

25 from leases entered into on or after OctoVerDate Sep 11 2014 23:56 Sep 09, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2011.PCS S2011

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1 ber 1, 2016, in the Eastern Planning Area, 

2 as described in paragraph (6)(A)(i).’’. 

3 (b) DISPOSITION OF REVENUES.—Section 105(a) of 

4 the Gulf of Mexico Energy Security Act of 2006 (43 

5 U.S.C. 1331 note; Public Law 109–432) is amended— 

6 (1) in paragraph (1), by striking ‘‘and’’ at the 

7 end; 

8 (2) by striking paragraph (2) and inserting the 

9 following: 

10 ‘‘(2) in the case of qualified outer Continental 

11 Shelf revenues described in section 102(9)(A)(ii) 

12 generated from outer Continental Shelf areas adja13 cent to the Gulf producing States described in sec14 tion 102(7)(A), 50 percent in a special account in 

15 the Treasury from which the Secretary shall dis16 burse— 

17 ‘‘(A) 75 percent to those Gulf producing 

18 States in accordance with subsection (b); and 

19 ‘‘(B) 25 percent to provide financial assist20 ance to States in accordance with section 

21 200305 of title 54, United States Code, which 

22 shall be considered income to the Land and 

23 Water Conservation Fund for purposes of sec24 tion 200302 of that title.’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(3) in the case of qualified outer Continental 

2 Shelf revenues described in section 102(9)(A)(iii) 

3 generated from outer Continental Shelf areas adja4 cent to the Gulf producing States described in sec5 tion 102(7), 50 percent in a special account in the 

6 Treasury from which the Secretary shall disburse— 

7 ‘‘(A) 75 percent to those Gulf producing 

8 States in accordance with subsection (b); and 

9 ‘‘(B) 25 percent to provide financial assist10 ance to States in accordance with section 

11 200305 of title 54, United States Code, which 

12 shall be considered income to the Land and 

13 Water Conservation Fund for purposes of sec14 tion 200302 of that title.’’. 

15 (c) ALLOCATION AMONG GULF PRODUCING

16 STATES.—Section 105(b)(2) of the Gulf of Mexico Energy 

17 Security Act of 2006 (43 U.S.C. 1331 note; Public Law 

18 109–432) is amended— 

19 (1) subparagraph (A)— 

20 (A) in clauses (i) and (ii), by inserting ‘‘, 

21 as described in section 102(7)(A),’’ after ‘‘Gulf 

22 producing State’’ each place it appears; 

23 (B) in clause (i), by striking ‘‘and’’ at the 

24 end; 


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1 (C) in clause (ii), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(iii) the amount made available 

5 under subsection (a)(3)(A) from any lease 

6 entered into within the Eastern Planning 

7 Area, as described in section 102(6)(A)(i), 

8 shall be allocated to each Gulf producing 

9 State, as described in section 102(7), in 

10 amounts that are inversely proportional to 

11 the respective distances between the point 

12 on the coastline of each Gulf producing 

13 State, as described in section 102(7), that 

14 is closest to the geographic center of each 

15 historical lease site and the geographic 

16 center of the historical lease site, as deter17 mined by the Secretary.’’; and 

18 (2) in subparagraph (B), by striking ‘‘each fis19 cal year under subparagraph (A)’’ and inserting ‘‘de20 scribed in section 102(7)(A) each fiscal year under 

21 clauses (i) and (ii) of subparagraph (A)’’. 

22 (d) LIMITATION ON AMOUNT OF DISTRIBUTED

23 QUALIFIED OUTER CONTINENTAL SHELF REVENUES.— 

24 Section 105(f) of the Gulf of Mexico Energy Security Act 

25 of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is 


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1 amended by striking paragraph (1) and inserting the fol2 lowing: 

3 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

4 the total amount of qualified outer Continental Shelf 

5 revenues described in section 102(9)(A)(ii) that are 

6 made available under subsection (a)(2)(A) shall not 

7 exceed— 

8 ‘‘(A) for fiscal year 2017, $500,000,000; 

9 ‘‘(B) for each of fiscal years 2018 through 

10 2025, $699,000,000; and 

11 ‘‘(C) for each of fiscal years 2026 through 

12 2055, $999,000,000.’’. 

13 SEC. 105. NATIONAL DEFENSE. 

14 (a) NATIONAL DEFENSE AREAS.—Nothing in this 

15 title or an amendment made by this title affects the au16 thority of the Secretary of Defense, with the approval of 

17 the President, to designate national defense areas on the 

18 outer Continental Shelf pursuant to section 12(d) of the 

19 Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)). 

20 (b) PROHIBITION ON CONFLICTS WITH MILITARY

21 OPERATIONS.—No person may engage in any exploration, 

22 development, or production of oil or natural gas on the 

23 outer Continental Shelf under a lease issued under this 

24 title that would conflict with any military operation, as 

25 determined in accordance with— 


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1 (1) the agreement entitled ‘‘Memorandum of 

2 Agreement between the Department of Defense and 

3 the Department of the Interior on Mutual Concerns 

4 on the Outer Continental Shelf’’ signed July 20, 

5 1983; and 

6 (2) any revision or replacement of that agree7 ment that is agreed to by the Secretary of Defense 

8 and the Secretary after that date but before the date 

9 of issuance of the lease under which the exploration, 

10 development, or production is conducted. 

11 SEC. 106. ENVIRONMENTAL IMPACT STATEMENT REQUIRE12 MENT. 

13 (a) IN GENERAL.—For purposes of this title and in 

14 order to conduct lease sales in accordance with the lease 

15 sale schedule established by this title, the Secretary shall 

16 prepare a multisale environmental impact statement under 

17 section 102 of the National Environmental Policy Act of 

18 1969 (42 U.S.C. 4332) for all lease sales required under 

19 this title that are not included in the Proposed Final 

20 Outer Continental Shelf Oil & Gas Leasing Program 

21 (2017–2022). 

22 (b) ACTIONS TO BE CONSIDERED.—Notwithstanding 

23 section 102 of the National Environmental Policy Act of 

24 1969 (42 U.S.C. 4332), with respect to the statement de25 scribed in subsection (a), the Secretary— 


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1 (1) shall not be required— 

2 (A) to identify nonleasing alternative 

3 courses of action; or 

4 (B) to analyze the environmental effects of 

5 any alternative courses of action; and 

6 (2) shall only be required— 

7 (A) to identify— 

8 (i) a preferred action for leasing; and 

9 (ii) not more than 1 alternative leas10 ing proposal; and 

11 (B) to analyze the environmental effects 

12 and potential mitigation measures for the pre13 ferred action and alternative leasing proposal 

14 identified under subparagraph (A). 

15 SEC. 107. STATE AUTHORIZATION. 

16 Prior to publishing the programmatic environmental 

17 impact statement relating to any Proposed Final Outer 

18 Continental Shelf Oil and Gas Leasing Program, a State 

19 shall have the option to enter into the offshore oil and 

20 gas leasing and development program described in that 

21 Proposed Final Outer Continental Shelf Oil and Gas Leas22 ing Program if— 

23 (1) the legislature of that State enacts a law 

24 approving entering into the program; and 


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1 (2) that resolution is signed by the Governor of 

2 the State. 

3 SEC. 108. AIR EMISSIONS FROM OUTER CONTINENTAL 

4 SHELF ACTIVITIES. 

5 Section 328 of the Clean Air Act (42 U.S.C. 7627) 

6 is amended— 

7 (1) in subsection (a), in the first sentence, by 

8 striking ‘‘, and along the United States Gulf Coast 

9 off the State of Florida eastward of longitude 87 de10 grees and 30 minutes’’; and 

11 (2) in subsection (b), by inserting ‘‘the United 

12 States Gulf Coast off the State of Florida,’’ after 

13 ‘‘Mississippi,’’. 

14 SEC. 109. OFFSHORE CERTAINTY. 

15 (a) DEFINITIONS.—In this section: 

16 (1) HARASSMENT.—The term ‘‘harassment’’ 

17 has the meaning given the term in section 3 of the 

18 Marine Mammal Protection Act of 1972 (16 U.S.C. 

19 1362). 

20 (2) REQUEST FOR INCIDENTAL HARASSMENT

21 AUTHORIZATION.—The term ‘‘request for incidental 

22 harassment authorization’’ means a request sub23 mitted to the Secretary by a United States citizen 

24 who engages in a specified activity within a specific 


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1 geographic region for the incidental, but not inten2 tional, taking by harassment of marine mammals. 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Commerce or the Secretary of the 

5 Interior, as applicable. 

6 (b) REQUESTS FOR INCIDENTAL HARASSMENT AU7 THORIZATION.—The Secretary shall— 

8 (1) accept as adequate and complete a written 

9 request for incidental harassment authorization not 

10 later than 45 days after the date of submission of 

11 the request for incidental harassment authorization; 

12 or 

13 (2) provide to the requester, not later than 30 

14 days after the date of submission of the request for 

15 incidental harassment authorization, a written notice 

16 of any additional information required to complete 

17 the request for incidental harassment authorization. 

18 (c) ACTION ON SUBMISSION OF ADDITIONAL INFOR19 MATION.— 

20 (1) IN GENERAL.—Subject to paragraph (2), 

21 not later than 30 days after receipt of the additional 

22 information requested under subsection (b)(2), the 

23 Secretary shall provide the requestor a written deter24 mination as to whether the request for incidental 

25 harassment authorization is adequate and complete. 


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1 (2) REASON FOR DENIAL.—If the Secretary de2 termines that the request for incidental harassment 

3 authorization is not adequate and complete, the re4 quest shall be considered to be denied and the Sec5 retary shall include in the written determination pro6 vided under paragraph (1) an explanation of the rea7 sons for the denial. 

8 (d) FAILURE TO RESPOND.—If the Secretary fails to 

9 respond to a request for incidental harassment authoriza10 tion in accordance with an applicable deadline under sub11 section (b) or (c), the request for incidental harassment 

12 authorization shall be considered to be adequate and com13 plete as of the date of the applicable deadline. 

14 (e) TREATMENT OF COMPLETE REQUESTS FOR INCI15 DENTAL HARASSMENT AUTHORIZATION.—Not later than 

16 45 days after a request for incidental harassment author17 ization is considered to be adequate and complete under 

18 subsection (b)(1), (c)(1), or (d), the Secretary shall com19 ply with the procedures required by section 

20 101(a)(5)(D)(iii) of the Marine Mammal Protection Act 

21 of 1972 (16 U.S.C. 1371(a)(5)(D)(iii)). 

22 (f) COORDINATION WITH ENDANGERED SPECIES

23 ACT OF 1973 REVIEWS.— 

24 (1) IN GENERAL.—Issuance of an authorization 

25 for incidental taking by the Secretary under section 


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1 101(a)(5)(D) of the Marine Mammal Protection Act 

2 of 1972 (16 U.S.C. 1371(a)(5)(D)) shall not be— 

3 (A) considered to be— 

4 (i) an action likely to jeopardize the 

5 continued existence of any endangered spe6 cies or threatened species; or 

7 (ii) an action likely to result in the de8 struction or adverse modification of critical 

9 habitat; or 

10 (B) subject to the requirements of section 

11 7 of the Endangered Species Act of 1973 (16 

12 U.S.C. 1536). 

13 (2) NOT A PROHIBITED TAKING.—Any taking 

14 made in compliance with an authorization for inci15 dental taking issued by the Secretary under section 

16 101(a)(5)(D) of the Marine Mammal Protection Act 

17 of 1972 (16 U.S.C. 1371(a)(5)(D)) shall not be con18 sidered to be a prohibited taking of the species 

19 under section 9(a)(1) of the Endangered Species Act 

20 of 1973 (16 U.S.C. 1538(a)(1)). 

21 SEC. 110. CONTINUOUS OPERATIONS RULE. 

22 The Secretary shall amend the regulation issued 

23 under section 250.180 of title 30, Code of Federal Regula24 tions, so that any requirement in that regulation for conVerDate Sep 11 2014 23:56 Sep 09, 2015 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2011.PCS S2011

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1 tinuous operation is for a period of 365 days instead of 

2 180 days. 

3 SEC. 111. GAO REPORT ON CUMULATIVE COST OF REGULA4 TION FOR OFFSHORE ENERGY PRODUCTION. 

5 The Comptroller General of the United States shall— 

6 (1) conduct more accurate estimates of the cost 

7 of complying with major Federal rules relating to 

8 offshore energy development and production activi9 ties on the outer Continental Shelf; and 

10 (2) submit to the appropriate committees of 

11 Congress a report describing the results of the esti12 mates calculated under paragraph (1). 

13 TITLE II— THE ALASKA OUTER 

14 CONTINENTAL SHELF LEASE 

15 SALE ACT 

16 SEC. 201. LEASE SALES IN NEARSHORE BEAUFORT SEA 

17 PLANNING AREA, COOK INLET PLANNING 

18 AREA. 

19 (a) ESTABLISHMENT OF NEARSHORE BEAUFORT

20 SEA PLANNING AREA.— 

21 (1) IN GENERAL.—The Secretary shall establish 

22 a planning area for purposes of conducting lease 

23 sales under the Outer Continental Shelf Lands Act 

24 (43 U.S.C. 1331 et seq.), to be known as the ‘‘NearVerDate Sep 11 2014 23:56 Sep 09, 2015 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2011.PCS S2011

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1 shore Beaufort Sea Planning Area’’ and to be de2 fined in accordance with paragraph (2). 

3 (2) DEFINITION OF NEARSHORE BEAUFORT SEA

4 PLANNING AREA.—The Secretary shall define the 

5 Nearshore Beaufort Sea Planning Area as the area 

6 of the outer Continental Shelf (as defined in section 

7 2 of the Outer Continental Shelf Lands Act (43 

8 U.S.C. 1331)) consisting of the portion of the Beau9 fort Planning Area located within 3 nautical miles of 

10 the seaward boundary of Alaska. 

11 (b) LEASE SALES.—Notwithstanding the schedule of 

12 lease sales in the Proposed Final Outer Continental Shelf 

13 Oil & Gas Leasing Program (2017–2022), the Secretary 

14 shall conduct under the Outer Continental Shelf Lands 

15 Act (43 U.S.C. 1331 et seq.)— 

16 (1) in the Nearshore Beaufort Sea Planning 

17 Area, 1 lease sale in each of fiscal years 2018, 2019, 

18 and 2020; and 

19 (2) in the Cook Inlet Planning Area, 1 lease 

20 sale in each of fiscal years 2018, 2019, and 2020. 

21 SEC. 202. LEASE TERMS OF CERTAIN CHUKCHI AND BEAU22 FORT LEASES. 

23 (a) IN GENERAL.—Section 8(b)(2) of the Outer Con24 tinental Shelf Lands Act (43 U.S.C. 1337(b)(2)) is 

25 amended— 


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1 (1) in subparagraph (A), by striking ‘‘or’’ at 

2 the end; 

3 (2) in subparagraph (B), by striking ‘‘;’’ and 

4 inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(C) in the case of an oil and gas lease in 

7 the Beaufort Planning Area or the portion of 

8 the Chukchi Planning Area that is beyond 3 

9 nautical miles of the seaward boundary of the 

10 State of Alaska, 20 years;’’. 

11 (b) EXTENSION OF EXISTING LEASES.— 

12 (1) IN GENERAL.—The Secretary, with the con13 sent of the holder of a covered lease described in 

14 paragraph (2), may extend the initial term of the 

15 covered lease to 20 years. 

16 (2) DESCRIPTION OF COVERED LEASE.— 

17 (A) IN GENERAL.—A covered lease re18 ferred to in paragraph (1) is a lease for oil and 

19 gas production in effect on the date of enact20 ment of this Act that was issued under section 

21 8 of the Outer Continental Shelf Lands Act (43 

22 U.S.C. 1337) for a portion of the Beaufort 

23 Planning Area or Chukchi Planning Area that 

24 is beyond 3 nautical miles of the seaward 

25 boundary of the State. 


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1 (B) EXCLUSION.—A covered lease referred 

2 to in paragraph (1) does not include any lease 

3 in the Nearshore Beaufort Sea Planning Area. 

4 SEC. 203. DISTRIBUTION OF REVENUE TO ALASKA. 

5 Section 9 of the Outer Continental Shelf Lands Act 

6 (43 U.S.C. 1338) is amended— 

7 (1) by striking ‘‘All rentals,’’ and inserting the 

8 following: 

9 ‘‘(a) IN GENERAL.—Except as provided in sub10 sections (b) and (c), all rentals,’’; and 

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

12 ‘‘(b) DISTRIBUTION OF REVENUE TO ALASKA.— 

13 ‘‘(1) DEFINITIONS.—In this subsection: 

14 ‘‘(A) COASTAL POLITICAL SUBDIVISION.— 

15 The term ‘coastal political subdivision’ means a 

16 county-equivalent subdivision of the State— 

17 ‘‘(i) all or part of which lies within the 

18 coastal zone of the State (as defined in 

19 section 304 of the Coastal Zone Manage20 ment Act of 1972 (16 U.S.C. 1453)); and 

21 ‘‘(ii)(I) the closest coastal point of 

22 which is not more than 200 nautical miles 

23 from the geographical center of any leased 

24 tract in the Alaska outer Continental Shelf 

25 region; or 


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1 ‘‘(II)(aa) the closest point of which is 

2 more than 200 nautical miles from the 

3 geographical center of a leased tract in the 

4 Alaska outer Continental Shelf region; and 

5 ‘‘(bb) that is determined by the State 

6 to be a significant staging area for oil and 

7 gas servicing, supply vessels, operations, 

8 suppliers, or workers. 

9 ‘‘(B) INSTITUTION OF HIGHER EDU10 CATION.—The term ‘institution of higher edu11 cation’ has the meaning given the term in sec12 tion 102 of the Higher Education Act of 1965 

13 (20 U.S.C. 1002). 

14 ‘‘(C) QUALIFIED REVENUES.— 

15 ‘‘(i) IN GENERAL.—The term ‘quali16 fied revenues’ means all revenues derived 

17 from all rentals, royalties, bonus bids, and 

18 other sums due and payable to the United 

19 States from energy development in the 

20 Alaska outer Continental Shelf region. 

21 ‘‘(ii) EXCLUSIONS.—The term ‘quali22 fied revenues’ does not include revenues 

23 generated from leases subject to section 

24 8(g). 


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1 ‘‘(D) STATE.—The term ‘State’ means the 

2 State of Alaska. 

3 ‘‘(E) WORKFORCE INVESTMENT BOARD.— 

4 The term ‘workforce investment board’ means a 

5 State or local workforce investment board es6 tablished under subtitle B of title I of the 

7 Workforce Investment Act of 1998 (29 U.S.C. 

8 2811 et seq.). 

9 ‘‘(2) FISCAL YEARS 2016–2026.—For each of fis10 cal years 2016 through 2026, the Secretary shall de11 posit— 

12 ‘‘(A) 75 percent of qualified revenues in 

13 the general fund of the Treasury; 

14 ‘‘(B) 7.5 percent of qualified revenues in a 

15 special account in the Treasury, to be distrib16 uted by the Secretary to the State; 

17 ‘‘(C) 7.5 percent of qualified revenues in a 

18 special account in the Treasury, to be distrib19 uted by the Secretary to coastal political sub20 divisions; 

21 ‘‘(D) 2.5 percent of qualified revenues in a 

22 special account in the Treasury, to be used to 

23 carry out the North Slope Science Initiative es24 tablished under section 348(a)(1) of the Energy 

25 Policy Act of 2005 (42 U.S.C. 15906(a)(1)); 


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1 ‘‘(E) 2.5 percent of qualified revenues in a 

2 special account in the Treasury, to be used by 

3 the Secretary to provide grants on a competitive 

4 basis to eligible institutions of higher education 

5 and workforce investment boards in the State 

6 to establish and providing funding for— 

7 ‘‘(i) programs to ensure an adequately 

8 skilled workforce to construct, operate, or 

9 maintain oil or gas pipelines; or 

10 ‘‘(ii) programs to ensure an ade11 quately skilled workforce to operate, main12 tain, and perform all environmental proc13 esses relating to existing or future oil and 

14 gas infrastructure; 

15 ‘‘(F) 2.5 percent of qualified revenues in a 

16 special account in the Treasury to provide fi17 nancial assistance for— 

18 ‘‘(i) offshore leasing and development 

19 programs in the State; and 

20 ‘‘(ii) the development of rights-of-way 

21 for pipelines to transport oil or gas pro22 duced offshore through land under the ju23 risdiction of the Secretary in the State; 

24 and 


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1 ‘‘(G) 2.5 percent of qualified revenues in 

2 the Tribal Resilience Fund established by sec3 tion 402 of the Offshore Production and Ener4 gizing National Security Act of 2015. 

5 ‘‘(3) SUBSEQUENT FISCAL YEARS.—For fiscal 

6 year 2027 and each subsequent fiscal year, the Sec7 retary shall deposit— 

8 ‘‘(A) 50 percent of qualified revenues in 

9 general fund of the Treasury; 

10 ‘‘(B) 30 percent of qualified revenues in a 

11 special account in the Treasury, to be distrib12 uted by the Secretary to the State; 

13 ‘‘(C) 12.5 percent of qualified revenues in 

14 the Tribal Resilience Fund established by sec15 tion 402 of the Offshore Production and Ener16 gizing National Security Act of 2015; and 

17 ‘‘(D) 7.5 in a special account in the Treas18 ury, to be distributed by the Secretary to coast19 al political subdivisions. 

20 ‘‘(4) ALLOCATION AMONG COASTAL POLITICAL

21 SUBDIVISIONS.—Of the amount paid by the Sec22 retary to coastal political subdivisions under para23 graph (2)(C) or (3)(D)— 

24 ‘‘(A) 90 percent shall be allocated in 

25 amounts (based on a formula established by the 


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1 Secretary by regulation) that are inversely pro2 portional to the respective distances between 

3 the point in each coastal political subdivision 

4 that is closest to the geographic center of the 

5 applicable leased tract and not more than 200 

6 miles from the geographic center of the leased 

7 tract; and 

8 ‘‘(B) 10 percent shall be divided equally 

9 among each coastal political subdivision that— 

10 ‘‘(i) is more than 200 nautical miles 

11 from the geographic center of a leased 

12 tract; and 

13 ‘‘(ii) the State of Alaska determines to 

14 be a significant staging area for oil and 

15 gas servicing, supply vessels, operations, 

16 suppliers, or workers. 

17 ‘‘(5) TIMING.—The amounts required to be de18 posited under paragraphs (2) and (3) for the appli19 cable fiscal year shall be made available in accord20 ance with those paragraphs during the fiscal year 

21 immediately following the applicable fiscal year. 

22 ‘‘(6) ADMINISTRATION.—Amounts made avail23 able under paragraphs (2) and (3) shall— 


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1 ‘‘(A) be made available, without further 

2 appropriation, in accordance with this sub3 section; 

4 ‘‘(B) remain available until expended; and 

5 ‘‘(C) be in addition to any amounts appro6 priated under any other provision of law.’’. 

7 SEC. 204. INCLUSION OF BEAUFORT, NEARSHORE BEAU8 FORT, COOK INLET, AND CHUKCHI LEASE 

9 SALES IN 5-YEAR LEASING PROGRAMS. 

10 Section 18 of the Outer Continental Shelf Lands Act 

11 (43 U.S.C. 1344) is amended by adding at the end the 

12 following: 

13 ‘‘(i) INCLUSION OF CERTAIN LEASE SALES.—Effec14 tive starting with the leasing program for fiscal years 

15 2023 through 2027, the Secretary shall include in any 

16 leasing program prepared in accordance with this section 

17 provisions for the conduct of at least 3 lease sales in each 

18 of the Beaufort Planning Area and the Chukchi Planning 

19 Area, and annual lease sales in the Nearshore Beaufort 

20 Sea Planning Area and the Cook Inlet Planning Area dur21 ing the term of the leasing program.’’. 

22 SEC. 205. NORTH SLOPE SCIENCE INITIATIVE. 

23 Section 348 of the Energy Policy Act of 2005 (42 

24 U.S.C. 15906) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1), by inserting ‘‘(re2 ferred to in this section as the ‘Secretary’)’’ 

3 after ‘‘Secretary of the Interior’’; and 

4 (B) in paragraph (2), by inserting ‘‘(in5 cluding the Beaufort and Chukchi seas)’’ after 

6 ‘‘North Slope of Alaska’’; 

7 (2) in subsection (b)— 

8 (A) in paragraph (1), by inserting ‘‘(in9 cluding the Beaufort and Chukchi seas)’’ after 

10 ‘‘North Slope’’; and 

11 (B) in paragraph (2), by striking ‘‘develop 

12 an understanding of’’ and inserting ‘‘identify’’; 

13 and 

14 (3) in subsection (c)(2), by inserting ‘‘the 

15 Northwest Arctic Borough, the NANA Regional Cor16 poration,’’ after ‘‘Arctic Slope Regional Corpora17 tion,’’. 

18 TITLE III—THE SOUTHERN AT19 LANTIC ENERGY SECURITY 

20 ACT 

21 SEC. 301. DEFINITIONS. 

22 In this title: 

23 (1) DIRECTOR.—The term ‘‘Director’’ means 

24 the Director of the Bureau of Ocean Energy Man25 agement. 


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1 (2) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’ has the 

3 meaning given the term in section 102 of the Higher 

4 Education Act of 1965 (20 U.S.C. 1002). 

5 (3) QUALIFIED REVENUES.—The term ‘‘quali6 fied revenues’’ has the meaning given the term in 

7 section 9(c)(1) of the Outer Continental Shelf Lands 

8 Act (43 U.S.C. 1338(c)(1)). 

9 (4) SOUTH ATLANTIC PLANNING AREA.—The 

10 term ‘‘South Atlantic planning area’’ means the area 

11 of the outer Continental Shelf (as defined in section 

12 2 of the Outer Continental Shelf Lands Act (43 

13 U.S.C. 1331)) that is located between the northern 

14 lateral seaward administrative boundary of the Com15 monwealth of Virginia and the southernmost lateral 

16 seaward administrative boundary of the State of 

17 Georgia. 

18 (5) STATE.—The term ‘‘State’’ means any of 

19 the following States: 

20 (A) Georgia. 

21 (B) North Carolina. 

22 (C) South Carolina. 

23 (D) Virginia. 


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1 SEC. 302. PRESERVING COASTAL VIEWSHEDS. 

2 (a) IN GENERAL.—Prior to conducting a lease sale 

3 authorized under this title that would offer leases within 

4 30 nautical miles of the coastline, the Secretary shall con5 sult with the Governor of each potentially affected State 

6 to establish appropriate lease stipulations for the manage7 ment of the surface occupancy of the areas between the 

8 coastline and 30 nautical miles to mitigate any potential 

9 concerns regarding impacts to coastal viewsheds. 

10 (b) CONSIDERATIONS FOR PRODUCTION FACILI11 TIES.—The Secretary and the State shall consider— 

12 (1) restricting the installation of permanent 

13 surface production facilities above the waterline for 

14 the purpose of production of oil or gas resources in 

15 any area that is within 12 nautical miles seaward 

16 from the coastline of the State; and 

17 (2) allowing only subsurface production facili18 ties to be installed in areas that are located between 

19 the point that is 12 nautical miles from seaward 

20 from the coastline of the State and the point that 

21 is 30 nautical miles seaward from the coastline of 

22 the State. 

23 (c) DEVELOPMENT AND PRODUCTION PLAN AP24 PROVAL.—If permanent surface facilities are proposed to 

25 be installed within 30 nautical miles of the coastline, the 

26 Secretary shall not grant approval of the development and 


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1 production plan unless it is determined that the facility 

2 is designed so that the impacts on coastal viewsheds are 

3 minimized, to the maximum extent practicable. 

4 (d) ONSHORE ACCESS TO LEASES NOT RE5 STRICTED.—Notwithstanding any other provision of this 

6 section, onshore facilities associated with the drilling, de7 velopment, and production of the oil and gas resources of 

8 the South Atlantic planning area within 12 nautical miles 

9 seaward of the coastline of a State are allowed. 

10 (e) TEMPORARY ACTIVITIES NOT AFFECTED.—Noth11 ing described in subsection (a), (b), or (c) restricts, or 

12 gives the States authority to restrict, temporary surface 

13 activities related to operations associated with outer Conti14 nental Shelf oil and gas leases. 

15 SEC. 303. 2017–2022 LEASING PROGRAM. 

16 The Secretary shall— 

17 (1) include the South Atlantic planning area in 

18 the outer Continental Shelf leasing program for fis19 cal years 2017 through 2022 prepared under section 

20 18 of the Outer Continental Shelf Lands Act (43 

21 U.S.C. 1344); and 

22 (2) conduct in the South Atlantic planning 

23 area— 

24 (A) 1 lease sale during fiscal year 2021; 

25 and 


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1 (B) 2 lease sales during fiscal year 2022. 

2 SEC. 304. BALANCING OF MILITARY AND ENERGY PRODUC3 TION GOALS. 

4 (a) IN GENERAL.—In recognition that the outer Con5 tinental Shelf oil and gas leasing program and the domes6 tic energy resources produced under the program are inte7 gral to national security, the Secretary and the Secretary 

8 of Defense shall work jointly in implementing lease sales 

9 under this title— 

10 (1) to preserve the ability of the Armed Forces 

11 of the United States to maintain an optimum state 

12 of readiness through their continued use of the outer 

13 Continental Shelf; and 

14 (2) to allow effective exploration, development, 

15 and production of the oil, gas, and renewable energy 

16 resources of the United States. 

17 (b) PROHIBITION ON CONFLICTS WITH MILITARY

18 OPERATIONS.—No person may engage in any exploration, 

19 development, or production of oil or natural gas on the 

20 outer Continental Shelf under a lease issued under this 

21 title that the President determines would conflict with any 

22 military operation, as determined in accordance with— 

23 (1) the agreement entitled ‘‘Memorandum of 

24 Agreement between the Department of Defense and 

25 the Department of the Interior on Mutual Concerns 


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1 on the Outer Continental Shelf’’ signed July 20, 

2 1983; and 

3 (2) any revision or replacement for the agree4 ment described in paragraph (1) that is agreed to by 

5 the Secretary of Defense and the Secretary after 

6 that date but before the date of issuance of the lease 

7 under which the exploration, development, or pro8 duction is conducted. 

9 SEC. 305. DISPOSITION OF REVENUES TO ATLANTIC 

10 STATES. 

11 Section 9 of the Outer Continental Shelf Lands Act 

12 (43 U.S.C. 1338) (as amended by section 203(2)) is 

13 amended by adding at the end the following: 

14 ‘‘(c) DISTRIBUTION OF REVENUE TO ATLANTIC

15 STATES.— 

16 ‘‘(1) DEFINITIONS.—In this subsection: 

17 ‘‘(A) ATLANTIC STATE.—The term ‘Atlan18 tic State’ means a State adjacent to the South 

19 Atlantic Planning Area. 

20 ‘‘(B) QUALIFIED REVENUES.— 

21 ‘‘(i) IN GENERAL.—The term ‘quali22 fied revenues’ means all revenues derived 

23 from all rentals, royalties, bonus bids, and 

24 other sums due and payable to the United 


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1 States from energy development in the At2 lantic planning region. 

3 ‘‘(ii) EXCLUSIONS.—The term ‘quali4 fied revenues’ does not include revenues 

5 generated from leases subject to section 

6 8(g). 

7 ‘‘(2) DEPOSIT.—For fiscal year 2017 and each 

8 fiscal year thereafter, the Secretary shall deposit— 

9 ‘‘(A) 62.5 percent of any qualified reve10 nues in the general fund of the Treasury, of 

11 which— 

12 ‘‘(i) 5 percent shall be allocated to the 

13 Department of Energy for projects that 

14 enhance the safety, security, resilience, and 

15 reliability of energy supply, research, 

16 transmission, storage, or distribution infra17 structure; 

18 ‘‘(ii) 5 percent shall be allocated to 

19 the Energy Efficiency and Renewable En20 ergy program at the Department of En21 ergy; and 

22 ‘‘(iii) 2.5 percent shall be allocated to 

23 high priority deferred maintenance needs 

24 of the National Park Service that support 


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1 critical infrastructure and visitor services; 

2 and 

3 ‘‘(B) 37.5 percent of any qualified reve4 nues in a special account in the Treasury from 

5 which the Secretary shall disburse amounts to 

6 the Atlantic States in accordance with para7 graph (3). 

8 ‘‘(3) ALLOCATION TO STATES.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graphs (B) and (C), effective for fiscal year 

11 2017 and each fiscal year thereafter, the Sec12 retary of the Treasury shall allocate the quali13 fied revenues described in paragraph (2)(B) to 

14 each Atlantic State in amounts (based on a for15 mula established by the Secretary, by regula16 tion) that are inversely proportional to the re17 spective distances between— 

18 ‘‘(i) the point on the coastline of each 

19 Atlantic State that is closest to the geo20 graphical center of the applicable leased 

21 tract; and 

22 ‘‘(ii) the geographical center of that 

23 leased tract. 

24 ‘‘(B) MINIMUM ALLOCATION.—The 

25 amount allocated to an Atlantic State for each 


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1 fiscal year under subparagraph (A) shall be not 

2 less than 10 percent of the amounts available 

3 under paragraph (2)(B). 

4 ‘‘(C) STATE ALLOCATION.—Of the 

5 amounts received by a State under subpara6 graph (A), the Atlantic State may use, at the 

7 discretion of the Governor of the State— 

8 ‘‘(i) 10 percent— 

9 ‘‘(I) to enhance State land and 

10 water conservation efforts; 

11 ‘‘(II) to improve State public 

12 transportation projects; 

13 ‘‘(III) to establish alternative, re14 newable, and clean energy production 

15 and generation within each State; and 

16 ‘‘(IV) to enhance beach nourish17 ment and costal dredging; and 

18 ‘‘(ii) 2.5 percent to enhance geological 

19 and geophysical education for the energy 

20 future of the United States in accordance 

21 with section 306 of the Offshore Produc22 tion and Energizing National Security Act 

23 of 2015.’’. 


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1 SEC. 306. ENHANCING GEOLOGICAL AND GEOPHYSICAL 

2 EDUCATION FOR AMERICA’S ENERGY FU3 TURE. 

4 (a) IN GENERAL.—The Secretary, acting through the 

5 Director, shall partner with institutions of higher edu6 cation selected under subsection (c) to facilitate the prac7 tical study of geological and geophysical sciences of areas 

8 on the Atlantic region of the outer Continental Shelf and 

9 elsewhere on the Continental Shelf of the United States. 

10 (b) FOCUS.—Activities conducted by institutions of 

11 higher education under this section shall focus all geologi12 cal and geophysical scientific research on obtaining a bet13 ter understanding of hydrocarbon potential in the South 

14 Atlantic planning area while fostering the study of the ge15 ological and geophysical sciences at institutions of higher 

16 education in the United States. 

17 (c) SELECTION OF INSTITUTIONS.— 

18 (1) SELECTION.—Not later than 180 days after 

19 the date of enactment of this Act, the Governor of 

20 each State may nominate for participation in a part21 nership— 

22 (A) 1 institution of higher education lo23 cated in the State; and 

24 (B) 1 institution of higher education that 

25 is a historically Black college or university (as 

26 defined in section 631(a) of the Higher EduVerDate Sep 11 2014 23:56 Sep 09, 2015 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S2011.PCS S2011

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1 cation Act of 1965 (20 U.S.C. 1132(a))) lo2 cated in the State. 

3 (2) PREFERENCE.—In making nominations 

4 under paragraph (1), each Governor shall give pref5 erence to those institutions of higher education 

6 that— 

7 (A) demonstrate a vigorous rate of admis8 sions of veterans of the Armed Forces of the 

9 United States; and 

10 (B) meet the criteria described in para11 graph (3). 

12 (3) CRITERIA.—The Governor shall select as a 

13 partner any institution of higher education nomi14 nated under paragraph (1) that the Governor deter15 mines demonstrates excellence in 1 or more of the 

16 following criteria: 

17 (A) Geophysical sciences curriculum. 

18 (B) Engineering curriculum. 

19 (C) Information technology or other tech20 nical studies related to seismic research, includ21 ing data processing. 

22 (d) RESEARCH AUTHORITY.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), an institution of higher education selected 

25 under subsection (c)(3) may conduct research under 


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1 this section on the expiration of the 30-day period 

2 beginning on the date on which the institution of 

3 higher education submits to the South Atlantic Re4 gional Director of the Bureau of Ocean Energy 

5 Management a notice of the research. 

6 (2) PERMIT REQUIRED.—An institution of high7 er education may not conduct research under this 

8 section that uses any solid or liquid explosive, except 

9 as authorized by a permit issued by the Director. 

10 (e) DATA.— 

11 (1) IN GENERAL.—The geological and geo12 physical activities conducted under this section— 

13 (A) shall be considered to be scientific re14 search and data produced by the activities; 

15 (B) shall not be used or shared for com16 mercial purposes; 

17 (C) shall not be produced for proprietary 

18 use or sale; and 

19 (D) shall be made available by the Director 

20 to the public. 

21 (2) SUBMISSION OF DATA TO BOEM.—Not later 

22 than 60 days after completion of initial analysis of 

23 data collected under this section by an institution of 

24 higher education selected under subsection (c)(3), 

25 the institution of higher education shall share with 


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1 the Director any data collected requested by the Di2 rector. 

3 (3) FEES.—The Director may not charge any 

4 fee for the provision of data produced in research 

5 under this section, other than a data reprocessing 

6 fee to pay the cost of duplicating the data. 

7 (f) REPORT.—Not less frequently than once every 

8 180 days, the Director shall submit to the Committee on 

9 Energy and Natural Resources of the Senate and the 

10 Committee on Natural Resources of the House of Rep11 resentatives a report on the data derived from partner12 ships under this section. 

13 SEC. 307. ATLANTIC REGIONAL OFFICE. 

14 Not later than the last day of the outer Continental 

15 Shelf leasing program for fiscal years 2012 through 2017 

16 prepared under section 18 of the Outer Continental Shelf 

17 Lands Act (43 U.S.C. 1344), the Director shall establish 

18 an Atlantic regional office in an area that is— 

19 (1) included in the outer Continental Shelf leas20 ing program for fiscal years 2017 through 2022 pre21 pared under section 18 of that Act (43 U.S.C. 

22 1344); and 

23 (2) determined by the Director to have the 

24 highest potential for resource development. 


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1 TITLE IV—TRIBAL RESILIENCE 

2 PROGRAM 

3 SEC. 401. TRIBAL RESILIENCE PROGRAM. 

4 (a) DEFINITION OF INDIAN TRIBE.—In this section, 

5 the term ‘‘Indian tribe’’ has the meaning given the term 

6 in section 4 of the Indian Self-Determination and Edu7 cation Assistance Act (25 U.S.C. 450b). 

8 (b) ESTABLISHMENT.—The Secretary shall establish 

9 a program— 

10 (1) to improve the resilience of Indian tribes to 

11 the effects of a changing climate; 

12 (2) to support Native American leaders in 

13 building strong, resilient communities; and 

14 (3) to ensure the development of modern, cost15 effective infrastructure. 

16 (c) GRANTS.—Subject to the availability of appro17 priations and amounts in the Tribal Resilience Fund es18 tablished by section 402(a), in carrying out the program 

19 described in subsection (b), the Secretary shall make ad20 aptation grants, in amounts not to exceed $200,000,000 

21 total per fiscal year, to Indian tribes for eligible activities 

22 described in subsection (d). 

23 (d) ELIGIBLE ACTIVITIES.—An Indian tribe receiving 

24 a grant under subsection (c) may only use grant funds 

25 for 1 or more of the following eligible activities: 


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1 (1) Development and delivery of adaptation 

2 training. 

3 (2) Adaptation planning, vulnerability assess4 ments, emergency preparedness planning, and moni5 toring. 

6 (3) Capacity building through travel support for 

7 training, technical sessions, and cooperative manage8 ment forums. 

9 (4) Travel support for participation in ocean 

10 and coastal planning. 

11 (5) Development of science-based information 

12 and tools to enable adaptive resource management 

13 and the ability to plan for resilience. 

14 (6) Relocation of villages or other communities 

15 experiencing or susceptible to coastal or river ero16 sion. 

17 (7) Construction of infrastructure to support 

18 emergency evacuations. 

19 (8) Restoration or repair of infrastructure dam20 aged by melting permafrost or coastal or river ero21 sion. 

22 (9) Installation and management of energy sys23 tems that reduce energy costs and greenhouse gas 

24 emissions compared to the energy systems in use be25 fore that installation and management. 


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1 (10) Construction and maintenance of social or 

2 cultural infrastructure that the Secretary determines 

3 supports resilience. 

4 (e) APPLICATIONS.—An Indian tribe desiring an ad5 aptation grant under subsection (c) shall submit to the 

6 Secretary an application at such time, in such manner, 

7 and containing such information as the Secretary may re8 quire, including a description of the eligible activities to 

9 be undertaken using the grant. 

10 (f) CAPITAL PROJECTS.—Of amounts made available 

11 to carry out this program, not less than 90 percent shall 

12 be used for the engineering, design, and construction or 

13 implementation of capital projects. 

14 (g) INTERAGENCY COOPERATION.—The Secretary 

15 and the Administrator of the Environmental Protection 

16 Agency shall establish under the White House Council on 

17 Native American Affairs an interagency subgroup on trib18 al resilience— 

19 (1) to work with Indian tribes to collect and 

20 share data and information, including traditional ec21 ological knowledge, about how the effects of a chang22 ing climate are relevant to Indian tribes and Alaska 

23 Natives; and 

24 (2) to identify opportunities for the Federal 

25 Government to improve collaboration and assist with 


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1 adaptation and mitigation efforts that promote resil2 ience. 

3 (h) TRIBAL RESILIENCE LIAISON.—The Secretary 

4 shall establish a tribal resilience liaison— 

5 (1) to coordinate with Indian tribes and rel6 evant Federal agencies; and 

7 (2) to help ensure tribal engagement in climate 

8 conversations at the Federal level. 

9 SEC. 402. TRIBAL RESILIENCE FUND. 

10 (a) ESTABLISHMENT.—There is established in the 

11 Treasury a fund, to be known as the ‘‘Tribal Resilience 

12 Fund’’ (referred to in this section as the ‘‘Fund’’). 

13 (b) DEPOSITS.—The Fund shall consist of the fol14 lowing: 

15 (1) Amounts made available through an appro16 priation Act for deposit in the Fund. 

17 (2) Amounts deposited into the Fund under 

18 paragraphs (2)(G) and (3)(C) of subsection (b) of 

19 section 9 of the Outer Continental Shelf Lands Act 

20 (43 U.S.C. 1338) (as added by section 203(2)). 

21 (c) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—In addition to the amounts 

23 estimated by the Secretary to be deposited in the 

24 Fund under subsection (b), there are authorized to 

25 be appropriated annually to the Fund out of any 


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1 money in the Treasury not otherwise appropriated 

2 such amounts as are necessary to make the income 

3 of the Fund not more than $200,000,000 for fiscal 

4 year 2027 and each fiscal year thereafter. 

5 (2) RECEIPTS UNDER OUTER CONTINENTAL

6 SHELF LANDS ACT.—To the extent that amounts ap7 propriated under paragraph (1) and deposited under 

8 subsection (b) are not sufficient to make the total 

9 annual income of the Fund equivalent to the 

10 amounts provided in paragraph (1), an amount suf11 ficient to cover the remainder shall be credited to 

12 the Fund from revenues due and payable to the 

13 United States for deposit in the Treasury as mis14 cellaneous receipts under the Outer Continental 

15 Shelf Lands Act (43 U.S.C. 1331 et seq.). 

16 (3) AVAILABILITY OF DEPOSITS.— 

17 (A) IN GENERAL.—Amounts deposited in 

18 the Fund under this subsection shall remain 

19 available until expended, without fiscal year 

20 limitation. 

21 (B) USE.—Amounts deposited in the Fund 

22 under this subsection and made available for 

23 obligation or expenditure from the Fund may 

24 be obligated or expended only to carry out the 

25 Tribal Resilience Program under section 401. 


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1 TITLE V—MISCELLANEOUS 

2 SEC. 501. ACCESS TO MARKETS. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, to promote the efficient exploration, produc5 tion, storage, supply, and distribution of energy resources, 

6 any domestic crude oil or condensate (other than crude 

7 oil stored in the Strategic Petroleum Reserve) may be ex8 ported without a Federal license to countries not subject 

9 to sanctions by the United States. 

10 (b) SAVINGS CLAUSE.—Nothing in this section limits 

11 the authority of the President under the Constitution, the 

12 International Emergency Economic Powers Act (50 

13 U.S.C. 1701 et seq.), the National Emergencies Act (50 

14 U.S.C. 1601 et seq.), or part B of title II of the Energy 

15 Policy and Conservation Act (42 U.S.C. 6271 et seq.) to 

16 prohibit exports. 

17 (c) FINDINGS.—Congress finds that— 

18 (1) the United States has enjoyed a renaissance 

19 in energy production— 

20 (A) increasing domestic investment and 

21 jobs; and 

22 (B) establishing the United States as a 

23 world leader in crude oil production; 

24 (2) the United States upholds a commitment to 

25 free trade and open markets and has consistently 


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1 opposed attempts by other nations to restrict the 

2 free flow of energy; 

3 (3) independent studies have concluded that al4 lowing the export of domestically produced crude 

5 oil— 

6 (A) will increase the globally available sup7 ply of crude oil; and 

8 (B) will tend to reduce domestic prices for 

9 gasoline and other refined petroleum products 

10 in the United States; 

11 (4) gasoline and other refined petroleum prod12 ucts are already eligible for export from the United 

13 States without restriction; 

14 (5) gasoline prices in the United States reflect 

15 the price paid on the global market for crude oil and 

16 not a separate crude oil price in the United States; 

17 (6) exports of crude oil produced in the United 

18 States would provide an alternative stable supplier 

19 for crude oil to allies of the United States around 

20 the world— 

21 (A) allowing United States crude oil ex22 ports to compete on equal footing with other 

23 international crudes; 

24 (B) allowing United States crude oil ex25 ports to compete with and potentially displace 


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1 crude oil exports from Iran, as potential easing 

2 of sanctions could lead to Iran regaining mar3 ket share; 

4 (C) facilitating assistance to the countries 

5 of Europe and Eurasia to diversify their energy 

6 sources and achieve energy security by pro7 viding another option to protect against possible 

8 unstable supply flows; and 

9 (D) allowing the United States to use na10 tional energy policy to further United States in11 terests abroad; and 

12 (7) the United States should remove all restric13 tions on the export of domestically produced crude 

14 oil or crude oil of any origin, which will increase eco15 nomic benefits, enhance energy security, improve the 

16 trade deficit, and promote key national security in17 terests of the United States domestically and around 

18 the world. 

19 (d) EXCEPTIONS AND PRESIDENTIAL AUTHORITY.— 

20 (1) IN GENERAL.—The President may impose 

21 export licensing requirements or other restrictions 

22 on the export of crude oil from the United States for 

23 a period of not more than 1 year, if— 


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1 (A) the President declares a national emer2 gency and formally notices the declaration of a 

3 national emergency in the Federal Register; 

4 (B) the export licensing requirements or 

5 other restrictions on the export of crude oil 

6 from the United States under this section apply 

7 to 1 or more countries, persons, or organiza8 tions in the context of sanctions or trade re9 strictions imposed by the United States for rea10 sons of national security by the Executive au11 thority of the President or by Congress; or 

12 (C) the Secretary of Commerce, in con13 sultation with the Secretary of Energy, finds 

14 and reports to the President that— 

15 (i) the export of crude oil pursuant to 

16 this section has caused sustained material 

17 oil supply shortages or sustained oil prices 

18 significantly above world market levels that 

19 are directly attributable to the export of 

20 crude oil produced in the United States; 

21 and 

22 (ii) those supply shortages or price in23 creases have caused or are likely to cause 

24 sustained material adverse employment ef25 fects in the United States. 


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1 (2) RENEWAL.—Any requirement or restriction 

2 imposed pursuant to paragraph (1) may be renewed 

3 for 1 or more additional periods of not more than 

4 1 year each. 

5 (e) GAO REVIEW AND REPORT.— 

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date of enactment of this Act, and annually 

8 thereafter for 2 years, the Comptroller General of 

9 the United States shall conduct a review of— 

10 (A) energy production in the United 

11 States; and 

12 (B) the effects, if any, of crude oil exports 

13 from the United States on consumers, inde14 pendent refiners, and shipbuilding and ship re15 pair yards. 

16 (2) CONTENTS OF REPORT.—Not later than 1 

17 year after commencing each review under paragraph 

18 (1), the Comptroller General of the United States 

19 shall submit to the Committees on Energy and Nat20 ural Resources, Banking, Housing, and Urban Af21 fairs, Commerce, Science, and Transportation, and 

22 Foreign Relations of the Senate and the Committees 

23 on Natural Resources, Energy and Commerce, Fi24 nancial Services, and Foreign Affairs of the House 

25 of Representatives a report that includes— 


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1 (A) a statement of the principal findings of 

2 the review; and 

3 (B) recommendations for Congress and the 

4 President to address any job loss in the ship5 building and ship repair industry or adverse im6 pacts on consumers and refiners that the 

7 Comptroller General of the United States at8 tributes to unencumbered crude oil exports in 

9 the United States. 

10 SEC. 502. REPORTS. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary of the depart13 ment in which the Bureau of Safety and Environmental 

14 Enforcement (referred to in this section as the ‘‘BSEE’’) 

15 is operating (referred to in this section as the ‘‘Secretary’’) 

16 shall submit to the Committees on Appropriations and En17 ergy and Natural Resources of the Senate and the Com18 mittees on Appropriations and Natural Resources of the 

19 House of Representatives an analysis of the proposed reg20 ulations and rules of the BSEE relating to— 

21 (1) offshore oil and gas drilling, completions, 

22 workovers, and decommissioning, including the pro23 posed rule entitled ‘‘Oil and Gas and Sulphur Oper24 ations in the Outer Continental Shelf—Blowout PreVerDate Sep 11 2014 23:56 Sep 09, 2015 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S2011.PCS S2011

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1 venter Systems and Well Control’’ (80 Fed. Reg. 

2 21504 (April 17, 2015)); and 

3 (2) exploratory drilling activities on the Arctic 

4 Continental Shelf of the United States, including the 

5 proposed rule entitled ‘‘Oil and Gas and Sulphur 

6 Operations on the Outer Continental Shelf—Re7 quirements for Exploratory Drilling on the Arctic 

8 Outer Continental Shelf’’ (80 Fed. Reg. 21670 

9 (April 20, 2015)). 

10 (b) CONTENTS OF ANALYSIS.—The analysis under 

11 subsection (a) shall include— 

12 (1) a discussion of any new operational, man13 agement, design and construction, financial, and 

14 other mandates that would be imposed on contrac15 tors and operators; 

16 (2) an estimate of all associated direct and indi17 rect operational, management, personnel, training, 

18 record keeping, and other costs; and 

19 (3) an identification and justification of im20 provements to safety claimed in the proposed regula21 tion or rule. 

22 (c) LIMITATIONS.—With respect to the proposed reg23 ulations and rules described in subsection (a)(1), the Sec24 retary shall not— 


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1 (1) issue any proposed, interim, or final regula2 tion or rule earlier than 180 days after the submis3 sion of the report required by subsection (a); or 

4 (2) issue any final regulation or rule prior to 

5 issuing revised proposed regulations or rules that 

6 take into account the findings from the report and 

7 providing notice and an opportunity for public com8 ment. 


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Calendar No. 217 

114TH CONGRESS 

1ST SESSION S. 2011 

[Report No. 114–137] 

A BILL 

To provide for reforms of the administration of the 

and for other purposes. Outer Continental Shelf of the United States, 

SEPTEMBER 9, 2015 

Read twice and placed on the calendar 


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