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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2983 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2983

To amend the Outer Continental Shelf Lands Act to require the Secretary 
of the Interior to conduct offshore oil and gas leasing, to deposit use 
 revenues from such activity into the Inland Waterways Trust Fund and 
            the Highway Trust Fund, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2011

 Mrs. Capito introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
 the Judiciary, Ways and Means, and Transportation and Infrastructure, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL

 
To amend the Outer Continental Shelf Lands Act to require the Secretary 
of the Interior to conduct offshore oil and gas leasing, to deposit use 
 revenues from such activity into the Inland Waterways Trust Fund and 
            the Highway Trust Fund, and for other purposes.

    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 ``Rebuilding 
American Roads Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--OFFSHORE LEASING AND OTHER ENERGY PROVISIONS

                      Subtitle A--Offshore Leasing

Sec. 101. Leasing program considered approved.
Sec. 102. Lease sales.
Sec. 103. Seaward boundaries of States.
Sec. 104. Military operations.
Sec. 105. Coordination with Adjacent States.
Sec. 106. Gulf of Mexico oil and gas.
Sec. 107. Use of revenues.
Sec. 108. Inventory of offshore energy resources.
Sec. 109. Prohibitions on surface occupancy and other appropriate 
                            environmental safeguards.
                 Subtitle B--Expedited Judicial Review

Sec. 121. Definitions.
Sec. 122. Exclusive jurisdiction over causes and claims relating to 
                            covered oil and natural gas activities.
Sec. 123. Time for filing petition; standing.
Sec. 124. Timetable.
Sec. 125. Limitation on scope of review and relief.
Sec. 126. Presidential waiver.
Sec. 127. Legal fees.
Sec. 128. Exclusion.
                  Subtitle C--Other Energy Provisions

Sec. 131. Policies regarding buying and building American.

         TITLE I--OFFSHORE LEASING AND OTHER ENERGY PROVISIONS

                      Subtitle A--Offshore Leasing

SEC. 101. LEASING PROGRAM CONSIDERED APPROVED.

    (a) In General.--The Draft Proposed Outer Continental Shelf Oil and 
Gas Leasing Program 2010-2015 issued by the Secretary of the Interior 
(referred to in this section as the ``Secretary'') under section 18 of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is considered to 
have been approved by the Secretary as a final oil and gas leasing 
program under that section, and is considered to be in full compliance 
with and in accordance with all requirements of the Outer Continental 
Shelf Lands Act.
    (b) Final Environmental Impact Statement.--The Secretary is 
considered to have issued a final environmental impact statement for 
the program described in subsection (a) in accordance with all 
requirements under section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
    (c) Correction of Dates.--The Secretary of the Interior shall 
update the dates and deadlines proscribed in the program described in 
subsection (a) to reflect the time that has passed between the date the 
program was issued and the date of enactment of this Act.

SEC. 102. LEASE SALES.

    (a) Outer Continental Shelf.--
    (b) In General.--Except as provided in paragraph (2), not later 
than 30 days after the date of enactment of this Act and every 270 days 
thereafter, the Secretary of the Interior (referred to in this section 
as the ``Secretary'') shall conduct a lease sale in each outer 
Continental Shelf planning area for which the Secretary determines that 
there is a commercial interest in purchasing Federal oil and gas leases 
for production on the outer Continental Shelf.
    (c) Subsequent Determinations and Sales.--If the Secretary 
determines that there is not a commercial interest in purchasing 
Federal oil and gas leases for production on the outer Continental 
Shelf in a planning area under this subsection, not later than 2 years 
after the date of enactment of the determination and every 2 years 
thereafter, the Secretary shall--
            (1) determine whether there is a commercial interest in 
        purchasing Federal oil and gas leases for production on the 
        outer Continental Shelf in the planning area; and
            (2) if the Secretary determines that there is a commercial 
        interest described in paragraph (1), conduct a lease sale in 
        the planning area.

SEC. 103. SEAWARD BOUNDARIES OF STATES.

    (a) Seaward Boundaries.--Section 4 of the Submerged Lands Act (43 
U.S.C. 1312) is amended by striking ``three geographical miles'' each 
place it appears and inserting ``9 nautical miles''.
    (b) Conforming Amendments.--Section 2 of the Submerged Lands Act 
(43 U.S.C. 1301) is amended--
            (1) in subsection (a)(2), by striking ``three geographical 
        miles'' and inserting ``9 nautical miles''; and
            (2) in subsection (b)--
                    (A) by striking ``three geographical miles'' and 
                inserting ``9 nautical miles''; and
                    (B) by striking ``three marine leagues'' and 
                inserting ``9 nautical miles''.
    (c) Effect of Amendments.--
            (1) In general.--Subject to paragraphs (2) through (4), the 
        amendments made by this section shall not effect Federal oil 
        and gas mineral rights and should not effect the States' 
        current authority within existing State boundaries.
            (2) Existing leases.--The amendments made by this section 
        shall not affect any Federal oil and gas lease in effect on the 
        date of enactment of this Act.
            (3) Taxation.--
                    (A) In general.--A State may exercise all of the 
                sovereign powers of taxation of the State within the 
                entire extent of the seaward boundaries of the State 
                (as extended by the amendments made by this section).
                    (B) Limitation.--Nothing in this paragraph affects 
                the authority of a State to tax any Federal oil and gas 
                lease in effect on the date of enactment of this Act.

SEC. 104. MILITARY OPERATIONS.

    The Secretary shall consult with the Secretary of Defense regarding 
military operations needs in the Outer Continental Shelf. The Secretary 
shall work with the Secretary of Defense to resolve any conflicts that 
might arise between such operations and leasing under this title. If 
the Secretaries are unable to resolve all such conflicts, any 
unresolved issues shall be referred by the Secretaries to the President 
in a timely fashion for immediate resolution.

SEC. 105. COORDINATION WITH ADJACENT STATES.

    Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1345) is amended--
            (1) in subsection (a) in the first sentence by inserting 
        ``, for any tract located within the Adjacent State's Adjacent 
        Zone,'' after ``government''; and
            (2) by adding the following:
    ``(f)(1) Prior to issuing a permit or approval for the construction 
of a pipeline to transport crude oil, natural gas or associated liquids 
production withdrawn from oil and gas leases on the outer Continental 
Shelf, a Federal agency must seek the concurrence of the Adjacent State 
if the pipeline is to transit the Adjacent State's Adjacent Zone 
between the outer Continental Shelf and landfall. No State may prohibit 
construction of such a pipeline within its Adjacent Zone or its State 
waters. However, an Adjacent State may require routing of such a 
pipeline to one of two alternate landfall locations in the Adjacent 
State, designated by the Adjacent State, located within 60 miles on 
either side of a proposed landfall location.
    ``(2) In this subsection:
            ``(A) The term `Adjacent State' means, with respect to any 
        program, plan, lease sale, leased tract or other activity, 
        proposed, conducted, or approved pursuant to the provisions of 
        this Act, any State the laws of which are declared, pursuant to 
        section 4(a)(2), to be the law of the United States for the 
        portion of the outer Continental Shelf on which such program, 
        plan, lease sale, leased tract, or activity appertains or is, 
        or is proposed to be, conducted. For purposes of this 
        subparagraph, the term `State' includes the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        the Virgin Islands, American Samoa, Guam, and the other 
        territories of the United States.
            ``(B) The term `Adjacent Zone' means, with respect to any 
        program, plan, lease sale, leased tract, or other activity, 
        proposed, conducted, or approved pursuant to the provisions of 
        this Act, the portion of the outer Continental Shelf for which 
        the laws of a particular Adjacent State are declared, pursuant 
        to section 4(a)(2), to be the law of the United States.''.

SEC. 106. GULF OF MEXICO OIL AND GAS.

    (a) Repeal.--Section 104 of division C of the Tax Relief and Health 
Care Act of 2006 (Public Law 109-432; 120 Stat. 3003) is repealed.
    (b) Leasing Plan for the Eastern Gulf of Mexico.--Pursuant to 
sections 101 and 102 of this Act, the Secretary of the Interior shall 
issue a final leasing plan for the Eastern Gulf of Mexico within 180 
days after the date of enactment of this Act for all areas where there 
exists commercial interest in purchasing Federal oil and gas leases for 
production.

SEC. 107. USE OF REVENUES.

    (a) In General.--Section 8(g) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337(g)) is amended--
            (1) in paragraph (2) by striking ``Notwithstanding'' and 
        inserting ``Except as provided in paragraph (6), and 
        notwithstanding'';
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8); and
            (3) by inserting after paragraph (5) the following:
            ``(6) Bonus bids, royalties, rentals, and other sums under 
        qualified leases.--
                    ``(A) In general.--Of the amounts received by the 
                United States as bonus bids, royalties, rentals, and 
                other sums collected under any new qualified lease on 
                submerged lands made available for leasing under this 
                Act by the enactment of the Rebuilding American Roads 
                Act--
                            ``(i) 4 percent shall be available to the 
                        Secretary of the Interior for coordination of 
                        cleanup and inspection of tracts leased under 
                        this Act;
                            ``(ii) $500,000,000 shall be deposited each 
                        fiscal year into the Inland Waterways Trust 
                        Fund for maintenance and construction along the 
                        inland waterway system; and
                            ``(iii) the remainder shall be deposited 
                        into the Highway Trust Fund and used for 
                        maintenance and construction of highways, 
                        bridges, and tunnels.
                    ``(B) Qualified lease defined.--In this paragraph 
                the term `qualified lease' means a natural gas or oil 
                lease made available under this Act granted after the 
                date of the enactment of the Rebuilding American Roads 
                Act, for an area that is available for leasing as a 
                result of enactment of section 101 of that Act.
                    ``(C) Application.--This paragraph shall apply to 
                bonus bids and royalties received by the United States 
                under qualified leases after implementation of sections 
                105 and 106 of the Rebuilding American Roads Act.
                    ``(D) Existing revenues.--All revenues, including 
                bonus bids, royalties, rentals, and other sums, 
                collected from leases issued under this Act prior to 
                the enactment Rebuilding American Roads Act, shall not 
                be affected by the provisions of that Act.''.
    (b) Establishment of State Seaward Boundaries.--Section 4(a)(2)(A) 
of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is 
amended in the first sentence by striking ``, and the President'' and 
all that follows through the end of the sentence and inserting the 
following: ``. Such extended lines are deemed to be as indicated on the 
maps for each Outer Continental Shelf region entitled `Alaska Outer 
Continental Shelf Region State Adjacent Zone and Outer Continental 
Shelf Planning Areas', `Pacific Outer Continental Shelf Region State 
Adjacent Zones and Outer Continental Shelf Planning Areas', `Gulf of 
Mexico Outer Continental Shelf Region State Adjacent Zones and Outer 
Continental Shelf Planning Areas', and `Atlantic Outer Continental 
Shelf Region State Adjacent Zones and Outer Continental Shelf Planning 
Areas', all of which are dated September 2005 and on file in the Office 
of the Director, Minerals Management Service. The preceding sentence 
shall not apply with respect to the treatment under section 105 of the 
Gulf of Mexico Energy Security Act of 2006 (title I of division C of 
Public Law 109-432) of qualified outer Continental Shelf revenues 
deposited and disbursed under subsection (a)(2) of that section.''.

SEC. 108. INVENTORY OF OFFSHORE ENERGY RESOURCES.

    (a) In General.--The Secretary of the Interior (in this section 
referred to as the ``Secretary'') shall promptly prepare an inventory 
of offshore energy resources of the United States, including through 
conduct of geological and geophysical explorations by private industry 
in all of the United States outer Continental Shelf areas of the 
Atlantic Ocean and the Pacific Ocean under part 251 of title 30, Code 
of Federal Regulations (or successor regulations).
    (b) Environmental Studies.--Not later than 180 days after the date 
of enactment of this Act, the Secretary shall complete any 
environmental studies necessary to gather information essential to an 
accurate inventory, including geological and geophysical explorations 
under part 251 of title 30, Code of Federal Regulations (or successor 
regulations).
    (c) Effect on Oil and Gas Leasing.--No inventory that is conducted 
under this section or any other Federal law (including regulations) 
shall restrict, limit, delay, or otherwise adversely affect--
            (1) the development of any Outer Continental Shelf leasing 
        program under section 18 of the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1344); or
            (2) any leasing, exploration, development, or production of 
        any Federal offshore oil and gas leases.
    (d) Funding.--
            (1) In general.--Notwithstanding paragraph (6) of section 
        8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1337(g)), as amended by this Act, the Secretary of the Treasury 
        shall make a 1-time transfer to the Secretary, without further 
        appropriation and from royalties collected by the United States 
        in conjunction with the production of oil and gas, of such sums 
        as are necessary for the Secretary to carry out this section.
            (2) Limitation.--The amount transferred under paragraph (1) 
        shall not exceed $50,000,000.
            (3) Relationship to other law.--Paragraph (6) of section 
        8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1337(g)), as amended by this Act, shall be applied with respect 
        to amounts remaining after the transfer required by this 
        subsection.

SEC. 109. PROHIBITIONS ON SURFACE OCCUPANCY AND OTHER APPROPRIATE 
              ENVIRONMENTAL SAFEGUARDS.

    (a) Regulations.--
            (1) In general.--
                    (A) Environmental safeguards.--The Secretary of the 
                Interior shall promulgate regulations that establish 
                appropriate environmental safeguards for the 
                exploration and production of oil and natural gas on 
                the outer Continental Shelf.
                    (B) Safety protocols.--All operations, including 
                under any permit issued pursuant to an application for 
                a permit to drill or an application for a permit to 
                sidetrack, that has been approved by the Minerals 
                Management Service or the Bureau of Ocean Energy 
                Management, Regulation and Enforcement, for purposes of 
                outer Continental Shelf energy exploration or 
                development and production, shall be carried out in 
                accordance with the safety protocols contained in part 
                250 of title 30, Code of Federal Regulations.
            (2) Requirements.--The regulations shall include provisions 
        ensuring that--
                    (A) no surface facility shall be installed for the 
                purpose of production of oil or gas resources in any 
                area that is within 10 miles from the shore of any 
                coastal State, in any area of the outer Continental 
                Shelf that has not previously been made available for 
                oil and gas leasing;
                    (B) only temporary surface facilities are installed 
                for areas that are located--
                            (i) beyond 10 miles from the shore from the 
                        shore of any coastal State, in any area of the 
                        Outer Continental Shelf that has not previously 
                        been made available for oil and gas leasing; 
                        and
                            (ii) not more than 20 miles from the shore;
                    (C) the impact of offshore production facilities on 
                coastal vistas is otherwise mitigated; and
                    (D) onshore facilities that are able to draw upon 
                the resources of the outer Continental Shelf within 10 
                miles of shore are allowed.
    (b) Conforming Amendment.--Section 105 of the Department of the 
Interior, Environment, and Related Agencies Appropriations Act, 2006 
(Public Law 109-54; 119 Stat. 521) (as amended by section 103(d) of the 
Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public 
Law 109-432)) is amended by inserting ``and any other area that the 
Secretary of the Interior may offer for leasing, preleasing, or any 
related activity under section 104 of that Act'' after ``2006)''.

                 Subtitle B--Expedited Judicial Review

SEC. 121. DEFINITIONS.

    In this subtitle:
            (1) Authorizing leasing statute.--The term ``authorizing 
        leasing statute'' means the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1331 et seq.), the Mineral Leasing Act (30 U.S.C. 
        181 et seq.), the Mineral Leasing Act for Acquired Lands (30 
        U.S.C. 351 et seq.), and any other law of the United States 
        directing or authorizing the leasing of Federal lands for oil 
        and gas production or transmission.
            (2) Covered oil and natural gas activity.--The term 
        ``covered oil and natural gas activity'' means--
                    (A) the leasing of any lands pursuant to an 
                authorizing leasing statute for the exploration, 
                development, production, processing, or transmission of 
                oil, natural gas, or associated hydrocarbons, including 
                actions or decisions relating to the selection of which 
                lands may or shall be made available for such leasing; 
                and
                    (B) any activity taken or proposed to be taken 
                pursuant or in relation to such leases, including their 
                suspension, and any environmental analyses relating to 
                such activity.

SEC. 122. EXCLUSIVE JURISDICTION OVER CAUSES AND CLAIMS RELATING TO 
              COVERED OIL AND NATURAL GAS ACTIVITIES.

    Notwithstanding any other provision of law, any Federal action 
approving any covered oil and natural gas activity shall be subject to 
judicial review only--
            (1) in the United States Court of Appeals for the District 
        of Columbia Circuit; and
            (2) after the person filing a petition seeking such 
        judicial review has exhausted all available administrative 
        remedies with respect to such Federal action.

SEC. 123. TIME FOR FILING PETITION; STANDING.

    (a) In General.--All petitions referred to in section 122 must be 
filed within 30 days after the latter of the challenged Federal action 
or the exhaustion of all available administrative remedies with respect 
to such Federal action. A claim or challenge shall be barred unless it 
is filed within the time specified.
    (b) Standing.--No person whose legal rights will not be directly 
and adversely affected by the challenged action, and who is not within 
the zone of interest protected by each Act under which the challenge is 
brought, shall have standing to file any petition referred to in 
section 122.

SEC. 124. TIMETABLE.

    The United States Court of Appeals for the District of Columbia 
Circuit shall complete all judicial review, including rendering a 
judgment, before the end of the 120-day period beginning on the date on 
which a petition referred to in section 122 is filed, unless all 
parties to such proceeding agree to an extension of such period.

SEC. 125. LIMITATION ON SCOPE OF REVIEW AND RELIEF.

    (a) Administrative Findings and Conclusions.--In any judicial 
review referred to in section 122, any administrative findings and 
conclusions relating to the challenged Federal action shall be presumed 
to be correct unless shown otherwise by clear and convincing evidence 
contained in the administrative record.
    (b) Limitation on Prospective Relief.--In any judicial review 
referred to in section 122, the Court shall not grant or approve any 
prospective relief unless the court finds that such relief is narrowly 
drawn, extends no further than necessary to correct the violation of a 
Federal law requirement, and is the least intrusive means necessary to 
correct the violation concerned.

SEC. 126. PRESIDENTIAL WAIVER.

    Notwithstanding any other provision of law, the President may waive 
any legal requirement relating to the approval of any covered oil and 
natural gas activity if the President determines in the President's 
sole discretion that such activity is important to the national 
interest and outweighs such legal requirement.

SEC. 127. LEGAL FEES.

    Any person filing a petition referred to in section 122 who is not 
a prevailing party shall pay to the prevailing parties (including 
intervening parties), other than the United States, fees and other 
expenses incurred by that party in connection with the judicial review, 
unless the Court finds that the position of the person was 
substantially justified or that special circumstances make an award 
unjust.

SEC. 128. EXCLUSION.

    Section 122 shall not apply to disputes between the parties to a 
lease issued pursuant to an authorizing leasing statute regarding the 
obligations of such lease or the alleged breach thereof.

                  Subtitle C--Other Energy Provisions

SEC. 131. POLICIES REGARDING BUYING AND BUILDING AMERICAN.

    (a) Intent of Congress.--It is the intent of the Congress that this 
Act, among other things, result in a healthy and growing American 
industrial, manufacturing, transportation, and service sector employing 
the vast talents of America's workforce to assist in the development of 
energy from domestic sources. Moreover, the Congress intends to monitor 
the deployment of personnel and material onshore and offshore to 
encourage the development of American technology and manufacturing to 
enable United States workers to benefit from this Act by good jobs and 
careers, as well as the establishment of important industrial 
facilities to support expanded access to American resources.
    (b) Safeguard for Extraordinary Ability.--Section 30(a) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the 
matter preceding paragraph (1) by striking ``regulations which'' and 
inserting ``regulations that shall be supplemental and complimentary 
with and under no circumstances a substitution for the provisions of 
the Constitution and laws of the United States extended to the subsoil 
and seabed of the outer Continental Shelf pursuant to section 4 of this 
Act, except insofar as such laws would otherwise apply to individuals 
who have extraordinary ability in the sciences, arts, education, or 
business, which has been demonstrated by sustained national or 
international acclaim, and that''.
    (c) Work Standards.--All construction, repair, or alteration of 
public buildings and public works of the Government and buildings or 
works financed or otherwise assisted in whole or in part under this Act 
by a loan, loan guarantee, grant, annual contribution, credit 
enhancement, or any other form of Federal assistance authorized under 
this Act shall be performed in accordance with the standards applicable 
to comparable activity under any other provision of law, without regard 
to the form or type of Federal assistance provided thereunder.
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