II 

112TH CONGRESS 

1ST SESSION S. 916 

To facilitate appropriate oil and gas development on Federal land and waters, 

to limit the dependence of the United States on foreign sources of 

oil and gas, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2011 

Mr. BINGAMAN introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To facilitate appropriate oil and gas development on Federal 

land and waters, to limit the dependence of the United 

States on foreign sources of oil and gas, 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 ‘‘Oil and Gas Facilitation Act of 2011’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 


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TITLE I—OIL AND GAS LEASING 

Sec. 101. Extension of Oil and Gas Permit Processing Improvement Fund. 

Sec. 102. Facilitation of coproduction of geothermal energy on oil and gas 

leases. 

TITLE II—OUTER CONTINENTAL SHELF 

Sec. 201. Comprehensive inventory of outer Continental Shelf resources. 

Sec. 202. Alaska OCS permit processing coordination office. 

Sec. 203. Phase-out of mandatory Outer Continental Shelf deep water and deep 

gas royalty relief for future leases. 

TITLE III—MISCELLANEOUS 

Sec. 301. Facilitation of Alaska natural gas pipeline. 

Sec. 302. Exemption of trans-Alaska oil pipeline system from certain requirements. 

Sec. 303. Permits for natural gas pipeline in Denali National Park and Preserve. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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

4 TITLE I—OIL AND GAS LEASING 

5 SEC. 101. EXTENSION OF OIL AND GAS PERMIT PROC6 ESSING IMPROVEMENT FUND. 

7 Section 35(c) of the Mineral Leasing Act (30 U.S.C. 

8 191(c)) is amended by adding at the end the following: 

9 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated from the 

11 Fund, or to the extent adequate funds in the Fund 

12 are not available from miscellaneous receipts of the 

13 Treasury, for the coordination and processing of oil 

14 and gas use authorizations and for oil and gas in15 spection and enforcement on onshore Federal land 

16 under the jurisdiction of the Pilot Project offices deVerDate Mar 15 2010 03:44 May 11, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S916.IS S916

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1 scribed in section 365(d) of the Energy Policy Act 

2 of 2005 (42 U.S.C. 15924(d)) $20,000,000 for each 

3 of fiscal years 2016 through 2020, to remain avail4 able until expended.’’. 

5 SEC. 102. FACILITATION OF COPRODUCTION OF GEO6 THERMAL ENERGY ON OIL AND GAS LEASES. 

7 Section 4(b) of the Geothermal Steam Act of 1970 

8 (30 U.S.C. 1003(b)) is amended by adding at the end the 

9 following: 

10 ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— 

11 Land under an oil and gas lease issued pursuant to 

12 the Mineral Leasing Act (30 U.S.C. 181 et seq.) or 

13 the Mineral Leasing Act for Acquired Lands (30 

14 U.S.C. 351 et seq.) that is subject to an approved 

15 application for permit to drill and from which oil 

16 and gas production is occurring may be available for 

17 leasing under subsection (c) by the holder of the oil 

18 and gas lease— 

19 ‘‘(A) on a determination that— 

20 ‘‘(i) geothermal energy will be pro21 duced from a well producing or capable of 

22 producing oil and gas; and 

23 ‘‘(ii) the public interest will be served 

24 by the issuance of such a lease; and 


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1 ‘‘(B) in order to provide for the coproduc2 tion of geothermal energy with oil and gas.’’. 

3 TITLE II—OUTER CONTINENTAL 

4 SHELF 

5 SEC. 201. COMPREHENSIVE INVENTORY OF OUTER CONTI6 NENTAL SHELF RESOURCES. 

7 (a) IN GENERAL.—Section 357 of the Energy Policy 

8 Act of 2005 (42 U.S.C. 15912) is amended— 

9 (1) in subsection (a)— 

10 (A) by striking the first sentence of the 

11 matter preceding paragraph (1) and inserting 

12 the following: ‘‘The Secretary shall conduct a 

13 comprehensive inventory of oil and natural gas 

14 (including executing or otherwise facilitating 

15 seismic studies of resources) and prepare a 

16 summary (the latter prepared with the assist17 ance of, and based on information provided by, 

18 the heads of appropriate Federal agencies) of 

19 the information obtained under paragraph (3), 

20 for the waters of the United States Outer Con21 tinental Shelf (referred to in this section as the 

22 ‘OCS’) in the Atlantic Region, the Eastern Gulf 

23 of Mexico, and the Alaska Region.’’; 

24 (B) in paragraph (2)— 


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1 (i) by striking ‘‘3-D’’ and inserting 

2 ‘‘2-D and 3-D’’; and 

3 (ii) by adding ‘‘and’’ at the end; and 

4 (C) by striking paragraphs (3) through (5) 

5 and inserting in the following: 

6 ‘‘(3) use existing inventories and mapping of 

7 marine resources undertaken by the National Ocean8 ographic and Atmospheric Administration and with 

9 the assistance of and based on information provided 

10 by the Department of Defense and other Federal 

11 and State agencies possessing relevant data, and use 

12 any available data regarding alternative energy po13 tential, navigation uses, fisheries, aquaculture uses, 

14 recreational uses, habitat, conservation, and military 

15 uses.’’; and 

16 (2) by striking subsection (b) and inserting the 

17 following: 

18 ‘‘(b) IMPLEMENTATION.—The Secretary shall carry 

19 out the inventory and analysis under subsection (a) in 3 

20 phases, with priority given to all or part of applicable plan21 ning areas of the outer Continental Shelf— 

22 ‘‘(1) estimated to have the greatest potential for 

23 energy development in barrel of oil equivalent; and 

24 ‘‘(2) outside of any leased area or area sched25 uled for leasing prior to calendar year 2011 under 


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1 any outer Continental Shelf 5-year leasing program 

2 or amendment to the program under section 18 of 

3 the Outer Continental Shelf Lands Act (43 U.S.C. 

4 1344). 

5 ‘‘(c) PLAN.— 

6 ‘‘(1) IN GENERAL.—Not later than 90 days 

7 after the date of enactment of this paragraph, the 

8 Secretary shall submit to the Committee on Energy 

9 and Natural Resources of the Senate and the Com10 mittee on Natural Resources of the House of Rep11 resentatives a report that provides a plan for exe12 cuting or otherwise facilitating the seismic studies 

13 required under this section, including an estimate of 

14 the costs to complete the seismic inventory by region 

15 and environmental and permitting activities to facili16 tate expeditious completion. 

17 ‘‘(2) FIRST PHASE.—Not later than 2 years 

18 after the date of enactment of this paragraph, the 

19 Secretary shall submit to Congress a report describ20 ing the results of the first phase of the inventory 

21 and analysis under subsection (a). 

22 ‘‘(3) SUBSEQUENT PHASES.—Not later than 2 

23 years after the date on which the report is submitted 

24 under paragraph (2) and 2 years thereafter, the Sec25 retary shall submit to Congress a report describing 


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1 the results of the second and third phases, respec2 tively, of the inventory and analysis under subsection 

3 (a). 

4 ‘‘(4) PUBLIC AVAILABILITY.—A report sub5 mitted under paragraph (2) or (3) shall be— 

6 ‘‘(A) made publicly available; and 

7 ‘‘(B) updated not less frequently than once 

8 every 5 years.’’. 

9 (b) RELATIONSHIP TO 5-YEAR PROGRAM.—The re10 quirement that the Secretary carry out the inventory re11 quired by the amendment made by subsection (a) shall not 

12 be considered to require, authorize, or provide a basis or 

13 justification for delay by the Secretary or any other agency 

14 of the issuance of any outer Continental Shelf leasing pro15 gram or amendment to the program under section 18 of 

16 the Outer Continental Shelf Lands Act (43 U.S.C. 1344), 

17 or any lease sale pursuant to that section. 

18 (c) PERMITS.—Nothing in this section or an amend19 ment made by this section— 

20 (1) precludes the issuance by the Secretary of 

21 a permit to conduct geological and geophysical explo22 ration of the outer Continental Shelf in accordance 

23 with the Outer Continental Shelf Lands Act (43 

24 U.S.C. 1331 et seq.) and other applicable law; or 


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1 (2) otherwise alters the requirements of applica2 ble law with respect to the issuance of such a permit 

3 or any other activities undertaken by the Secretary 

4 in connection with the inventory. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this section, 

7 to be available until expended without fiscal year limita8 tion— 

9 (1) $100,000,000 for each of fiscal years 2012 

10 through 2017; and 

11 (2) $50,000,000 for each of fiscal years 2018 

12 through 2022. 

13 SEC. 202. ALASKA OCS PERMIT PROCESSING COORDINA14 TION OFFICE. 

15 (a) ESTABLISHMENT.—The Secretary shall establish 

16 a regional joint outer Continental Shelf lease and permit 

17 processing office for the Alaska outer Continental Shelf 

18 region. 

19 (b) MEMORANDUM OF UNDERSTANDING.— 

20 (1) IN GENERAL.—Not later than 90 days after 

21 the date of enactment of this Act, the Secretary 

22 shall enter into a memorandum of understanding for 

23 the purposes of carrying out this section with— 

24 (A) the Secretary of Commerce; 

25 (B) the Chief of Engineers; 


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1 (C) the Administrator of the Environ2 mental Protection Agency; and 

3 (D) any other Federal agency that may 

4 have a role in permitting activities. 

5 (2) STATE PARTICIPATION.—The Secretary 

6 shall request that the Governor of Alaska be a signa7 tory to the memorandum of understanding. 

8 (c) DESIGNATION OF QUALIFIED STAFF.— 

9 (1) IN GENERAL.—Not later than 30 days after 

10 the date of the signing of the memorandum of un11 derstanding under subsection (b), each Federal sig12 natory party shall, if appropriate, assign to the of13 fice described in subsection (a) an employee who has 

14 expertise in the regulatory issues administered by 

15 the office in which the employee is employed relating 

16 to leasing and the permitting of oil and gas activities 

17 on the outer Continental Shelf. 

18 (2) DUTIES.—An employee assigned under 

19 paragraph (1) shall— 

20 (A) not later than 90 days after the date 

21 of assignment, report to the office described in 

22 subsection (a); 

23 (B) be responsible for all issues relating to 

24 the jurisdiction of the home office or agency of 

25 the employee; and 


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1 (C) participate as part of the applicable 

2 team of personnel working on proposed oil and 

3 gas leasing and permitting, including planning 

4 and environmental analyses. 

5 (d) TRANSFER OF FUNDS.—For the purposes of co6 ordination and processing of oil and gas use authorizations 

7 for the Alaska outer Continental Shelf region, the Sec8 retary may authorize the expenditure or transfer of such 

9 funds as are necessary to— 

10 (1) the Secretary of Commerce; 

11 (2) the Chief of Engineers; 

12 (3) the Administrator of the Environmental 

13 Protection Agency; 

14 (4) any other Federal agency having a role in 

15 permitting activities; and 

16 (5) the State of Alaska. 

17 (e) SAVINGS PROVISION.—Nothing in this section af18 fects— 

19 (1) the operation of any Federal or State law; 

20 or 

21 (2) any delegation of authority made by the 

22 head of a Federal agency for employees that are as23 signed to the coordination office. 

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section 


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1 $2,000,000 for each of fiscal years 2012 through 2022, 

2 to remain available until expended. 

3 SEC. 203. PHASE-OUT OF MANDATORY OUTER CONTI4 NENTAL SHELF DEEP WATER AND DEEP GAS 

5 ROYALTY RELIEF FOR FUTURE LEASES. 

6 (a) IN GENERAL.—Sections 344 and 345 of the En7 ergy Policy Act of 2005 (42 U.S.C. 15904, 15905) are 

8 repealed. 

9 (b) ADMINISTRATION.—The Secretary shall not be 

10 required to provide for royalty relief in the lease sale terms 

11 beginning with the first lease sale held on or after the date 

12 of enactment of this Act for which a final notice of sale 

13 has not been published. 

14 TITLE III—MISCELLANEOUS 

15 SEC. 301. FACILITATION OF ALASKA NATURAL GAS PIPE16 LINE. 

17 Section 116 of the Alaska Natural Gas Pipeline Act 

18 (15 U.S.C. 720n) is amended— 

19 (1) in subsection (a)(3)— 

20 (A) in the first sentence, by inserting be21 fore the period at the end the following: ‘‘, ex22 cept that a holder of a certificate may request 

23 the Secretary to extend the period to issue Fed24 eral guarantee instruments for not more than 

25 180 days following the date of resolution of any 


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1 reopening, contest, or other proceeding relating 

2 to the certificate’’; and 

3 (B) in the second sentence, by inserting 

4 before the period at the end the following: ‘‘, or 

5 connecting to pipeline infrastructure capable of 

6 delivering commercially economic quantities of 

7 natural gas to the continental United States’’; 

8 (2) in subsection (b)— 

9 (A) by striking paragraph (2); 

10 (B) by redesignating paragraphs (3) and 

11 (4) as paragraphs (2) and (3), respectively; and 

12 (C) in paragraph (2) (as so redesignated), 

13 by striking ‘‘and completion guarantees’’; 

14 (3) in subsection (c)(2), by striking 

15 ‘‘$18,000,000,000’’ and inserting 

16 ‘‘$30,000,000,000’’; 

17 (4) in subsection (d)— 

18 (A) in the first sentence of paragraph (1), 

19 by inserting before the period at the end the 

20 following: ‘‘, except that an issued loan guar21 antee instrument shall apply to not less than 80 

22 percent of project costs unless by previous con23 sent of the borrower’’; and 

24 (B) in paragraph (2), by striking ‘‘An eli25 gible’’ and inserting ‘‘A’’; and 


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1 (5) in subsection (g)— 

2 (A) by striking paragraph (2); 

3 (B) by redesignating paragraphs (3) and 

4 (4) as paragraphs (2) and (3), respectively; and 

5 (C) in paragraph (2) (as so redesignated), 

6 by inserting before the period at the end the 

7 following: ‘‘under subsection (a)(3), including 

8 direct lending from the Federal Financing 

9 Bank of all or a part of the amount to the hold10 er, in lieu of a guarantee’’. 

11 SEC. 302. EXEMPTION OF TRANS-ALASKA OIL PIPELINE 

12 SYSTEM FROM CERTAIN REQUIREMENTS. 

13 The Trans-Alaska Pipeline Authorization Act (43 

14 U.S.C. 1651 et seq.) is amended by adding at the end 

15 the following: 

16 ‘‘SEC. 208. EXEMPTION OF TRANS-ALASKA OIL PIPELINE 

17 SYSTEM FROM CERTAIN REQUIREMENTS. 

18 ‘‘(a) IN GENERAL.—Except as provided in subsection 

19 (b), no part of the trans-Alaska oil pipeline system shall 

20 be considered to be a district, site, building, structure, or 

21 object for purposes of section 106 of the National Historic 

22 Preservation Act (16 U.S.C. 470f), regardless of whether 

23 all or part of the trans-Alaska oil pipeline system may oth24 erwise be listed on, or eligible for listing on, the National 

25 Register of Historic Places. 


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1 ‘‘(b) INDIVIDUAL ELEMENTS.— 

2 ‘‘(1) IN GENERAL.—Subject to subsection (c), 

3 the Secretary of the Interior may identify up to 3 

4 sections of the trans-Alaska oil pipeline system that 

5 possess national or exceptional historic significance, 

6 and that should remain after the pipeline is no 

7 longer used for the purpose of oil transportation. 

8 ‘‘(2) HISTORIC SITE.—Any sections identified 

9 under paragraph (1) shall be considered to be a his10 toric site. 

11 ‘‘(3) VIEWS.—In making the identification 

12 under this subsection, the Secretary shall consider 

13 the views of— 

14 ‘‘(A) the owners of the pipeline; 

15 ‘‘(B) the State Historic Preservation Offi16 cer; 

17 ‘‘(C) the Advisory Council on Historic 

18 Preservation; and 

19 ‘‘(D) the Federal Coordinator for Alaska 

20 Natural Gas Transportation Projects. 

21 ‘‘(c) CONSTRUCTION, MAINTENANCE, RESTORATION, 

22 AND REHABILITATION ACTIVITIES.—Subsection (b) does 

23 not prohibit the owners of the trans-Alaska oil pipeline 

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1 toration, or rehabilitation activities on or for a section of 

2 the system described in subsection (b).’’. 

3 SEC. 303. PERMITS FOR NATURAL GAS PIPELINE IN DENALI 

4 NATIONAL PARK AND PRESERVE. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPURTENANCE.— 

7 (A) IN GENERAL.—The term ‘‘appur8 tenance’’ includes cathodic protection or test 

9 stations, valves, signage, and buried commu10 nication and electric cables relating to the oper11 ation of high-pressure natural gas transmission. 

12 (B) EXCLUSIONS.—The term ‘‘appur13 tenance’’ does not include compressor stations. 

14 (2) PARK.—The term ‘‘Park’’ means the Denali 

15 National Park and Preserve in the State of Alaska. 

16 (b) PERMIT.—The Secretary may issue right-of-way 

17 permits for— 

18 (1) a high-pressure natural gas transmission 

19 pipeline (including appurtenances) in non-wilderness 

20 areas within the boundary of Denali National Park 

21 within, along, or near the approximately 7-mile seg22 ment of the George Parks Highway that runs 

23 through the Park; and 

24 (2) any distribution and transmission pipelines 

25 and appurtenances that the Secretary determines to 


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1 be necessary to provide natural gas supply to the 

2 Park. 

3 (c) TERMS AND CONDITIONS.—A permit authorized 

4 under subsection (b)— 

5 (1) may be issued only— 

6 (A) if the permit is consistent with the 

7 laws (including regulations) generally applicable 

8 to utility rights-of-way within units of the Na9 tional Park System; 

10 (B) in accordance with section 1106(a) of 

11 the Alaska National Interest Lands Conserva12 tion Act (16 U.S.C. 3166(a)); and 

13 (C) if, following an appropriate analysis 

14 prepared in compliance with the National Envi15 ronmental Policy Act of 1969 (42 U.S.C. 4321 

16 et seq.), the route of the right-of-way is the 

17 route through the Park with the least adverse 

18 environmental effects for the Park; and 

19 (2) shall be subject to such terms and condi20 tions as the Secretary determines to be necessary. 

Æ 


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