OPENS Alaska Act of 2017

To provide for reforms of the administration of the outer Continental Shelf of the United States, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Offshore Production and Energizing National Security Alaska Act of 2017 OPENS Alaska Act of 2017 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I— The Alaska Outer Continental Shelf Lease Sale Act Sec. 101. Mineral leasing in certain areas on the Arctic outer Continental Shelf. Sec. 102. Lease sales in Nearshore Beaufort Sea Planning Area, Cook Inlet Planning Area. Sec. 103. Lease terms of certain Chukchi and Beaufort leases. Sec. 104. Distribution of revenue to Alaska. Sec. 105. Inclusion of Beaufort, Nearshore Beaufort, Cook Inlet, and Chukchi lease sales in 5-year leasing programs. Sec. 106. North Slope science initiative. TITLE II—Tribal Resilience Program Sec. 201. Tribal Resilience Program. Sec. 202. Tribal Resilience Fund. 2. Definition of Secretary In this Act, the term Secretary I The Alaska Outer Continental Shelf Lease Sale Act 101. Mineral leasing in certain areas on the Arctic outer Continental Shelf The Presidential Memorandum entitled Withdrawal of Certain Portions of the United States Arctic Outer Continental Shelf from Mineral Leasing 43 U.S.C. 1341(a) 102. Lease sales in Nearshore Beaufort Sea Planning Area, Cook Inlet Planning Area (a) Establishment of Nearshore Beaufort Sea Planning Area (1) In general The Secretary shall establish a planning area for purposes of conducting lease sales under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 Nearshore Beaufort Sea Planning Area (2) Definition of Nearshore Beaufort Sea Planning Area The Secretary shall define the Nearshore Beaufort Sea Planning Area as the area of the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 (b) Lease sales Notwithstanding section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 43 U.S.C. 1331 (1) in the Nearshore Beaufort Sea Planning Area, 1 lease sale in each of fiscal years 2018, 2019, and 2020; and (2) in the Cook Inlet Planning Area, 1 lease sale in each of fiscal years 2018, 2019, and 2020. 103. Lease terms of certain Chukchi and Beaufort leases (a) In general Section 8(b)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(b)(2) (1) in subparagraph (A), by striking or (2) in subparagraph (B), by striking ; ; or (3) by adding at the end the following: (C) in the case of an oil and gas lease in the Beaufort Planning Area or the portion of the Chukchi Planning Area that is beyond 3 nautical miles of the seaward boundary of the State of Alaska, 20 years; . (b) Extension of existing leases (1) In general The Secretary, with the consent of the holder of a covered lease described in paragraph (2), may extend the initial term of the covered lease to 20 years. (2) Description of covered lease (A) In general A covered lease referred to in paragraph (1) is a lease for oil and gas production in effect on the date of enactment of this Act that was issued under section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 (B) Exclusion A covered lease referred to in paragraph (1) does not include any lease in the Nearshore Beaufort Sea Planning Area. 104. Distribution of revenue to Alaska Section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 (1) by striking All rentals, (a) In general Except as provided in subsection (b), all rentals, ; and (2) by adding at the end the following: (b) Distribution of revenue to Alaska (1) Definitions In this subsection: (A) Coastal political subdivision The term coastal political subdivision (i) all or part of which lies within the coastal zone of the State (as defined in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 (ii) (I) the closest coastal point of which is not more than 200 nautical miles from the geographical center of any leased tract in the Alaska outer Continental Shelf region; or (II) (aa) the closest point of which is more than 200 nautical miles from the geographical center of a leased tract in the Alaska outer Continental Shelf region; and (bb) that is determined by the State to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers. (B) Institution of higher education The term institution of higher education 20 U.S.C. 1002 (C) Qualified revenues (i) In general The term qualified revenues (ii) Exclusions The term qualified revenues (D) State The term State (E) Workforce investment board The term workforce investment board 29 U.S.C. 2811 (2) Fiscal years 2017–2027 For each of fiscal years 2017 through 2027, the Secretary shall deposit— (A) 75 percent of qualified revenues in the general fund of the Treasury; (B) 7.5 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to the State; (C) 7.5 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to coastal political subdivisions; (D) 2.5 percent of qualified revenues in a special account in the Treasury, to be used to carry out the North Slope Science Initiative established under section 348(a)(1) of the Energy Policy Act of 2005 ( 42 U.S.C. 15906(a)(1) (E) 2.5 percent of qualified revenues in a special account in the Treasury, to be used by the Secretary to provide grants on a competitive basis to eligible institutions of higher education and workforce investment boards in the State to establish and providing funding for— (i) programs to ensure an adequately skilled workforce to construct, operate, or maintain oil or gas pipelines; or (ii) programs to ensure an adequately skilled workforce to operate, maintain, and perform all environmental processes relating to existing or future oil and gas infrastructure; (F) 2.5 percent of qualified revenues in a special account in the Treasury to provide financial assistance for— (i) offshore leasing and development programs in the State; and (ii) the development of rights-of-way for pipelines to transport oil or gas produced offshore through land under the jurisdiction of the Secretary in the State; and (G) 2.5 percent of qualified revenues in the Tribal Resilience Fund established by section 202 of the Offshore Production and Energizing National Security Alaska Act of 2017 (3) Subsequent fiscal years For fiscal year 2028 and each subsequent fiscal year, the Secretary shall deposit— (A) 50 percent of qualified revenues in general fund of the Treasury; (B) 30 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to the State; (C) 12.5 percent of qualified revenues in the Tribal Resilience Fund established by section 202 of the Offshore Production and Energizing National Security Alaska Act of 2017 (D) 7.5 in a special account in the Treasury, to be distributed by the Secretary to coastal political subdivisions. (4) Allocation among coastal political subdivisions Of the amount paid by the Secretary to coastal political subdivisions under paragraph (2)(C) or (3)(D)— (A) 90 percent shall be allocated in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point in each coastal political subdivision that is closest to the geographic center of the applicable leased tract and not more than 200 miles from the geographic center of the leased tract; and (B) 10 percent shall be divided equally among each coastal political subdivision that— (i) is more than 200 nautical miles from the geographic center of a leased tract; and (ii) the State of Alaska determines to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers. (5) Timing The amounts required to be deposited under paragraphs (2) and (3) for the applicable fiscal year shall be made available in accordance with those paragraphs during the fiscal year immediately following the applicable fiscal year. (6) Administration Amounts made available under paragraphs (2) and (3) shall— (A) be made available, without further appropriation, in accordance with this subsection; (B) remain available until expended; and (C) be in addition to any amounts appropriated under any other provision of law. . 105. Inclusion of Beaufort, Nearshore Beaufort, Cook Inlet, and Chukchi lease sales in 5-year leasing programs Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 (i) Inclusion of certain lease sales Effective starting with the first leasing program prepared after the date of enactment of the Offshore Production and Energizing National Security Alaska Act of 2017 . 106. North Slope science initiative Section 348 of the Energy Policy Act of 2005 ( 42 U.S.C. 15906 (1) in subsection (a)— (A) in paragraph (1), by inserting (referred to in this section as the Secretary Secretary of the Interior (B) in paragraph (2), by inserting (including the Beaufort and Chukchi seas) North Slope of Alaska (2) in subsection (b)— (A) in paragraph (1), by inserting (including the Beaufort and Chukchi seas) North Slope (B) in paragraph (2), by striking develop an understanding of identify (3) in subsection (c)(2), by inserting the Northwest Arctic Borough, the NANA Regional Corporation, Arctic Slope Regional Corporation, II Tribal Resilience Program 201. Tribal Resilience Program (a) Definition of Indian tribe In this section, the term Indian tribe Indian Self-Determination and Education Assistance Act 25 U.S.C. 5304 (b) Establishment The Secretary shall establish a program— (1) to improve the resilience of Indian tribes to the effects of a changing climate; (2) to support Native American leaders in building strong, resilient communities; and (3) to ensure the development of modern, cost-effective infrastructure. (c) Grants Subject to the availability of appropriations and amounts in the Tribal Resilience Fund established by section 202(a), in carrying out the program described in subsection (b), the Secretary shall make adaptation grants, in amounts not to exceed $200,000,000 total per fiscal year, to Indian tribes for eligible activities described in subsection (d). (d) Eligible activities An Indian tribe receiving a grant under subsection (c) may only use grant funds for one or more of the following eligible activities: (1) Development and delivery of adaptation training. (2) Adaptation planning, vulnerability assessments, emergency preparedness planning, and monitoring. (3) Capacity building through travel support for training, technical sessions, and cooperative management forums. (4) Travel support for participation in ocean and coastal planning. (5) Development of science-based information and tools to enable adaptive resource management and the ability to plan for resilience. (6) Relocation of villages or other communities experiencing or susceptible to coastal or river erosion. (7) Construction of infrastructure to support emergency evacuations. (8) Restoration or repair of infrastructure damaged by melting permafrost or coastal or river erosion. (9) Installation and management of energy systems that reduce energy costs and greenhouse gas emissions compared to the energy systems in use before that installation and management. (10) Construction and maintenance of social or cultural infrastructure that the Secretary determines supports resilience. (e) Applications An Indian tribe desiring an adaptation grant under subsection (c) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the eligible activities to be undertaken using the grant. (f) Capital projects Of amounts made available to carry out this program, not less than 90 percent shall be used for the engineering, design, and construction or implementation of capital projects. (g) Interagency cooperation The Secretary and the Administrator of the Environmental Protection Agency shall establish under the White House Council on Native American Affairs an interagency subgroup on tribal resilience— (1) to work with Indian tribes to collect and share data and information, including traditional ecological knowledge, about how the effects of a changing climate are relevant to Indian tribes and Alaska Natives; and (2) to identify opportunities for the Federal Government to improve collaboration and assist with adaptation and mitigation efforts that promote resilience. (h) Tribal resilience liaison The Secretary shall establish a tribal resilience liaison— (1) to coordinate with Indian tribes and relevant Federal agencies; and (2) to help ensure tribal engagement in climate conversations at the Federal level. 202. Tribal Resilience Fund (a) Establishment There is established in the Treasury a fund, to be known as the Tribal Resilience Fund Fund (b) Deposits The Fund shall consist of the following: (1) Amounts made available through an appropriation Act for deposit in the Fund. (2) Amounts deposited into the Fund under paragraphs (2)(G) and (3)(C) of subsection (b) of section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 (c) Authorization of appropriations (1) In general In addition to the amounts estimated by the Secretary to be deposited in the Fund under subsection (b), there are authorized to be appropriated annually to the Fund out of any money in the Treasury not otherwise appropriated such amounts as are necessary to make the income of the Fund not more than $200,000,000 for fiscal year 2028 and each fiscal year thereafter. (2) Receipts under outer continental shelf lands act To the extent that amounts appropriated under paragraph (1) and deposited under subsection (b) are not sufficient to make the total annual income of the Fund equivalent to the amounts provided in paragraph (1), an amount sufficient to cover the remainder shall be credited to the Fund from revenues due and payable to the United States for deposit in the Treasury as miscellaneous receipts under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 (3) Availability of deposits (A) In general Amounts deposited in the Fund under this subsection shall remain available until expended, without fiscal year limitation. (B) Use Amounts deposited in the Fund under this subsection and made available for obligation or expenditure from the Fund may be obligated or expended only to carry out the Tribal Resilience Program under section 201.

Summary: Offshore Production and Energizing National Security Alaska Act of 2017 or the OPENS Alaska Act of 2017 This bill nullifies the memorandum issued by the President on December 20, 2016, entitled "Withdrawal of Certain Portions of the United States Arctic Outer Continental Shelf from Mineral Leasing." The bill also nullifies any other presidential action to prohibit mineral leasing in certain portions of the Arctic Outer Continental Shelf. The bill directs the Department of the Interior to establish a Nearshore Beaufort Sea Planning Area in the Outer Continental Shelf within three nautical miles of the seaward boundary of Alaska and conduct one oil and gas lease sale under the Outer Continental Shelf Lands Act (OCSLA) in such planning area and the Cook Inlet Planning Area in each of FY2018-FY2020. Oil and gas leases under the OCSLA shall have an initial 20-year lease period if they are located in the portion of the Beaufort Planning Area or the Chukchi Planning Area beyond 3 nautical miles of the seaward boundary of Alaska. The OCSLA is amended to establish a scheme for revenue allocation between the Treasury and the state of Alaska. Interior shall include in any leasing program at least three lease sales in each of the Beaufort Planning Area and the Chukchi Planning Area, as well as annual lease sales in the Nearshore Beaufort Sea Planning Area and the Cook Inlet Planning Area. Interior shall establish a grant program for activities to improve the resilience of Indian tribes to the effects of climate change, build Native American communities, and aid the modernization of infrastructure. The bill also establishes the Tribal Resilience Fund.