dreamproit/uscode huggingface dataset:
42 U.S.C. § 15905 (THE PUBLIC HEALTH AND WELFARE)
§ 15905. Royalty relief for deep water production
(a) In general
Subject to subsections (b) and (c), for each tract located in water depths of greater than 400 meters in the Western and Central Planning Area of the Gulf of Mexico (including the portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude), any oil or gas lease sale under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) occurring during the 5-year period beginning on August 8, 2005, shall use the bidding system authorized under section 8(a)(1)(H) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)).
(b) Suspension of royalties
The suspension of royalties under subsection (a) shall be established at a volume of not less than—
(1) 5,000,000 barrels of oil equivalent for each lease in water depths of 400 to 800 meters;
(2) 9,000,000 barrels of oil equivalent for each lease in water depths of 800 to 1,600 meters;
(3) 12,000,000 barrels of oil equivalent for each lease in water depths of 1,600 to 2,000 meters; and
(4) 16,000,000 barrels of oil equivalent for each lease in water depths greater than 2,000 meters.
(c) Limitation
The Secretary may place limitations on royalty relief granted under this section based on market price.
(Pub. L. 109–58, title III, § 345, Aug. 8, 2005, 119 Stat. 703.)
heading: References in Text
text: The Outer Continental Shelf Lands Act, referred to in subsec. (a), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1331 of Title 43 and Tables.
42 U.S.C. § 15911 (THE PUBLIC HEALTH AND WELFARE)
§ 15911. Denali Commission
(a) Definition of Commission
In this section, the term “Commission” means the Denali Commission established by the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277).
(b) Energy programs
The Commission shall use amounts made available under subsection (d) to carry out energy programs, including—
(1) energy generation and development, including—
(A) fuel cells, hydroelectric, solar, wind, wave, and tidal energy; and
(B) alternative energy sources;
(2) the construction of energy transmission, including interties;
(3) the replacement and cleanup of fuel tanks;
(4) the construction of fuel transportation networks and related facilities;
(5) power cost equalization programs; and
(6) projects using coal as a fuel, including coal gasification projects.
(c) Open meetings
(1) In general
Except as provided in paragraph (2), a meeting of the Commission shall be open to the public if—
(A) the Commission members take action on behalf of the Commission; or
(B) the deliberations of the Commission determine, or result in the joint conduct or disposition of, official Commission business.
(2) Exceptions
Paragraph (1) shall not apply to any portion of a Commission meeting for which the Commission, in public session, votes to close the meeting for the reasons described in paragraph (2), (4), (5), or (6) of subsection (c) of section 552b of title 5.
(3) Public notice
(A) In general
At least 1 week before a meeting of the Commission, the Commission shall make a public announcement of the meeting that describes—
(i) the time, place, and subject matter of the meeting;
(ii) whether the meeting is to be open or closed to the public; and
(iii) the name and telephone number of an appropriate person to respond to requests for information about the meeting.
(B) Additional notice
The Commission shall make a public announcement of any change to the information made available under subparagraph (A) at the earliest practicable time.
(4) Minutes
The Commission shall keep, and make available to the public, a transcript, electronic recording, or minutes from each Commission meeting, except for portions of the meeting closed under paragraph (2).
(d) Authorization of appropriations
There is authorized to be appropriated to the Commission not more than $55,000,000 for each of fiscal years 2006 through 2015 to carry out subsection (b).
(Pub. L. 109–58, title III, § 356, Aug. 8, 2005, 119 Stat. 719.)
heading: References in Text
text: The Denali Commission Act of 1998, referred to in subsec. (a), is title III of Pub. L. 105–277, div. C, Oct. 21, 1998, 112 Stat. 2681–637, which is set out as a note under section 3121 of this title. For complete classification of this Act to the Code, see Tables.
42 U.S.C. § 15912 (THE PUBLIC HEALTH AND WELFARE)
§ 15912. Comprehensive inventory of OCS oil and natural gas resources
(a) In general
The Secretary shall conduct an inventory and analysis of oil and natural gas resources beneath all of the waters of the United States Outer Continental Shelf (“OCS”). The inventory and analysis shall—
(1) use available data on oil and gas resources in areas offshore of Mexico and Canada that will provide information on trends of oil and gas accumulation in areas of the OCS;
(2) use any available technology, except drilling, but including 3–D seismic technology to obtain accurate resource estimates;
(3) analyze how resource estimates in OCS areas have changed over time in regards to gathering geological and geophysical data, initial exploration, or full field development, including areas such as the deepwater and subsalt areas in the Gulf of Mexico;
(4) estimate the effect that understated oil and gas resource inventories have on domestic energy investments; and
(5) identify and explain how legislative, regulatory, and administrative programs or processes restrict or impede the development of identified resources and the extent that they affect domestic supply, such as moratoria, lease terms and conditions, operational stipulations and requirements, approval delays by the Federal Government and coastal States, and local zoning restrictions for onshore processing facilities and pipeline landings.
(b) Reports
The Secretary shall submit a report to Congress on the inventory of estimates and the analysis of restrictions or impediments, together with any recommendations, within 6 months of August 8, 2005. The report shall be publicly available and updated at least every 5 years.
(Pub. L. 109–58, title III, § 357, Aug. 8, 2005, 119 Stat. 720.)
42 U.S.C. § 15922 (THE PUBLIC HEALTH AND WELFARE)
§ 15922. Consultation regarding oil and gas leasing on public land
(a) In general
Not later than 180 days after August 8, 2005, the Secretary of the Interior and the Secretary of Agriculture shall enter into a memorandum of understanding regarding oil and gas leasing on—
(1) public land under the jurisdiction of the Secretary of the Interior; and
(2) National Forest System land under the jurisdiction of the Secretary of Agriculture.
(b) Contents
The memorandum of understanding shall include provisions that—
(1) establish administrative procedures and lines of authority that ensure timely processing of—
(A) oil and gas lease applications;
(B) surface use plans of operation, including steps for processing surface use plans; and
(C) applications for permits to drill consistent with applicable timelines;
(2) eliminate duplication of effort by providing for coordination of planning and environmental compliance efforts;
(3) ensure that lease stipulations are—
(A) applied consistently;
(B) coordinated between agencies; and
(C) only as restrictive as necessary to protect the resource for which the stipulations are applied;
(4) establish a joint data retrieval system that is capable of—
(A) tracking applications and formal requests made in accordance with procedures of the Federal onshore oil and gas leasing program; and
(B) providing information regarding the status of the applications and requests within the Department of the Interior and the Department of Agriculture; and
(5) establish a joint geographic information system mapping system for use in—
(A) tracking surface resource values to aid in resource management; and
(B) processing surface use plans of operation and applications for permits to drill.
(Pub. L. 109–58, title III, § 363, Aug. 8, 2005, 119 Stat. 722.)
42 U.S.C. § 15923 (THE PUBLIC HEALTH AND WELFARE)
§ 15923. Methodology
The Secretary of the Interior shall use the same assessment methodology across all geological provinces, areas, and regions in preparing and issuing national geological assessments to ensure accurate comparisons of geological resources.
(Pub. L. 109–58, title III, § 364(b), Aug. 8, 2005, 119 Stat. 723.)
42 U.S.C. § 15925 (THE PUBLIC HEALTH AND WELFARE)
§ 15925. Fair market value determinations for linear rights-of-way across public lands and national forests
(a) Update of fee schedule
Not later than 1 year after August 8, 2005—
(1) the Secretary of the Interior shall update section 2806.20 of title 43, Code of Federal Regulations, as in effect on August 8, 2005, to revise the per acre rental fee zone value schedule by State, county, and type of linear right-of-way use to reflect current values of land in each zone; and
(2) the Secretary of Agriculture shall make the same revision for linear rights-of-way granted, issued, or renewed under title V of the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) on National Forest System land.
(b) Fair market value rental determination for linear rights-of-way
The fair market value rent of a linear right-of-way across public lands or National Forest System lands issued under section 504 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764) or section 185 of title 30 shall be determined in accordance with subpart 2806 of title 43, Code of Federal Regulations, as in effect on August 8, 2005 (including the annual or periodic updates specified in the regulations), and as updated in accordance with subsection (a).
(Pub. L. 109–58, title III, § 367, Aug. 8, 2005, 119 Stat. 726.)
heading: References in Text
text: The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(2), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended. Title V of the Act is classified generally to subchapter V (§ 1761 et seq.) of chapter 35 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.
42 U.S.C. § 15926 (THE PUBLIC HEALTH AND WELFARE)
§ 15926. Energy right-of-way corridors on Federal land
(a) Western States
Not later than 2 years after August 8, 2005, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior (in this section referred to collectively as “the Secretaries”), in consultation with the Federal Energy Regulatory Commission, States, tribal or local units of governments as appropriate, affected utility industries, and other interested persons, shall consult with each other and shall—
(1) designate, under their respective authorities, corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in the eleven contiguous Western States (as defined in section 1702(o) of title 43; 1
(2) perform any environmental reviews that may be required to complete the designation of such corridors; and
(3) incorporate the designated corridors into the relevant agency land use and resource management plans or equivalent plans.
(b) Other States
Not later than 4 years after August 8, 2005, the Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested persons, shall jointly—
(1) identify corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in States other than those described in subsection (a); and
(2) schedule prompt action to identify, designate, and incorporate the corridors into the applicable land use plans.
(c) Ongoing responsibilities
The Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested parties, shall establish procedures under their respective authorities that—
(1) ensure that additional corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land are promptly identified and designated as necessary; and
(2) expedite applications to construct or modify oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities within such corridors, taking into account prior analyses and environmental reviews undertaken during the designation of such corridors.
(d) Considerations
In carrying out this section, the Secretaries shall take into account the need for upgraded and new electricity transmission and distribution facilities to—
(1) improve reliability;
(2) relieve congestion; and
(3) enhance the capability of the national grid to deliver electricity.
(e) Specifications of corridor
A corridor designated under this section shall, at a minimum, specify the centerline, width, and compatible uses of the corridor.
(Pub. L. 109–58, title III, § 368, Aug. 8, 2005, 119 Stat. 727.)
42 U.S.C. § 15941 (THE PUBLIC HEALTH AND WELFARE)
§ 15941. Great Lakes oil and gas drilling ban
No Federal or State permit or lease shall be issued for new oil and gas slant, directional, or offshore drilling in or under one or more of the Great Lakes.
(Pub. L. 109–58, title III, § 386, Aug. 8, 2005, 119 Stat. 744.)
42 U.S.C. § 15942 (THE PUBLIC HEALTH AND WELFARE)
§ 15942. NEPA review
(a) NEPA review
Action by the Secretary of the Interior in managing the public lands, or the Secretary of Agriculture in managing National Forest System Lands, with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of a categorical exclusion under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] (NEPA) would apply if the activity is conducted pursuant to the Mineral Leasing Act [30 U.S.C. 181 et seq.] for the purpose of exploration or development of oil or gas.
(b) Activities described
The activities referred to in subsection (a) are the following:
(1) Individual surface disturbances of less than 5 acres so long as the total surface disturbance on the lease is not greater than 150 acres and site-specific analysis in a document prepared pursuant to NEPA has been previously completed.
(2) Drilling an oil or gas well at a location or well pad site at which drilling has occurred previously within 5 years prior to the date of spudding the well.
(3) Drilling an oil or gas well within a developed field for which an approved land use plan or any environmental document prepared pursuant to NEPA analyzed such drilling as a reasonably foreseeable activity, so long as such plan or document was approved within 5 years prior to the date of spudding the well.
(4) Placement of a pipeline in an approved right-of-way corridor, so long as the corridor was approved within 5 years prior to the date of placement of the pipeline.
(5) Maintenance of a minor activity, other than any construction or major renovation or a building or facility.
(Pub. L. 109–58, title III, § 390, Aug. 8, 2005, 119 Stat. 747.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.
The Mineral Leasing Act, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.
42 U.S.C. § 15951 (THE PUBLIC HEALTH AND WELFARE)
§ 15951. Findings and definitions
(a) Findings
Congress finds that—
(1) it serves the national interest to increase petroleum refining capacity for gasoline, heating oil, diesel fuel, jet fuel, kerosene, and petrochemical feedstocks wherever located within the United States, to bring more supply to the markets for the use of the American people;
(2) United States demand for refined petroleum products currently exceeds the country’s petroleum refining capacity to produce such products;
(3) this excess demand has been met with increased imports;
(4) due to lack of capacity, refined petroleum product imports are expected to grow from 7.9 percent to 10.7 percent of total refined product by 2025;
(5) refiners are still subject to significant environmental and other regulations and face several new requirements under the Clean Air Act (42 U.S.C. 7401 et seq.) over the next decade; and
(6) better coordination of Federal and State regulatory reviews may help facilitate siting and construction of new refineries to meet the demand in the United States for refined products.
(b) Definitions
In this part:
(1) Administrator
The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) State
The term “State” means—
(A) a State;
(B) the Commonwealth of Puerto Rico; and
(C) any other territory or possession of the United States.
(Pub. L. 109–58, title III, § 391, Aug. 8, 2005, 119 Stat. 748.)
heading: References in Text
text: The Clean Air Act, referred to in subsec. (a)(5), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.
42 U.S.C. § 15952 (THE PUBLIC HEALTH AND WELFARE)
§ 15952. Federal-State regulatory coordination and assistance
(a) In general
At the request of the Governor of a State, the Administrator may enter into a refinery permitting cooperative agreement with the State, under which each party to the agreement identifies steps, including timelines, that it will take to streamline the consideration of Federal and State environmental permits for a new refinery.
(b) Authority under agreement
The Administrator shall be authorized to—
(1) accept from a refiner a consolidated application for all permits required from the Environmental Protection Agency, to the extent consistent with other applicable law;
(2) enter into memoranda of agreement with other Federal agencies to coordinate consideration of refinery applications and permits among Federal agencies; and
(3) enter into memoranda of agreement with a State, under which Federal and State review of refinery permit applications will be coordinated and concurrently considered, to the extent practicable.
(c) State assistance
The Administrator is authorized to provide financial assistance to State governments to facilitate the hiring of additional personnel with expertise in fields relevant to consideration of refinery permits.
(d) Other assistance
The Administrator is authorized to provide technical, legal, or other assistance to State governments to facilitate their review of applications to build new refineries.
(Pub. L. 109–58, title III, § 392, Aug. 8, 2005, 119 Stat. 749.)
42 U.S.C. § 15961 (THE PUBLIC HEALTH AND WELFARE)
§ 15961. Authorization of appropriations
(a) Clean coal power initiative
There are authorized to be appropriated to the Secretary to carry out the activities authorized by this part $200,000,000 for each of fiscal years 2006 through 2014, to remain available until expended.
(b) Report
The Secretary shall submit to Congress the report required by this subsection not later than March 31, 2007. The report shall include, with respect to subsection (a), a plan containing—
(1) a detailed assessment of whether the aggregate funding levels provided under subsection (a) are the appropriate funding levels for that program;
(2) a detailed description of how proposals will be solicited and evaluated, including a list of all activities expected to be undertaken;
(3) a detailed list of technical milestones for each coal and related technology that will be pursued; and
(4) a detailed description of how the program will avoid problems enumerated in Government Accountability Office reports on the Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that failed either financially or scientifically.
(Pub. L. 109–58, title IV, § 401, Aug. 8, 2005, 119 Stat. 749.)
42 U.S.C. § 15963 (THE PUBLIC HEALTH AND WELFARE)
§ 15963. Report
Not later than 1 year after August 8, 2005, and once every 2 years thereafter through 2014, the Secretary, in consultation with other appropriate Federal agencies, shall submit to Congress a report describing—
(1) the technical milestones set forth in section 15962 of this title and how those milestones ensure progress toward meeting the requirements of subsections (b)(1)(B) and (b)(2) of section 15962 of this title; and
(2) the status of projects funded under this part.
(Pub. L. 109–58, title IV, § 403, Aug. 8, 2005, 119 Stat. 753.)
42 U.S.C. § 15964 (THE PUBLIC HEALTH AND WELFARE)
§ 15964. Clean coal centers of excellence
(a) In general
As part of the clean coal power initiative, the Secretary shall award competitive, merit-based grants to institutions of higher education for the establishment of centers of excellence for energy systems of the future.
(b) Basis for grants
The Secretary shall award grants under this section to institutions of higher education that show the greatest potential for advancing new clean coal technologies.
(Pub. L. 109–58, title IV, § 404, Aug. 8, 2005, 119 Stat. 753.)
42 U.S.C. § 15965 (THE PUBLIC HEALTH AND WELFARE)
§ 15965. Time limit for award; extension
If a Clean Coal Power Initiative project selected after March 11, 2009, for negotiation under this or any other Act in any fiscal year, is not awarded within 2 years from the date the application was selected, negotiations shall cease and the Federal funds committed to the application shall be retained by the Department for future coal-related research, development and demonstration projects, except that the time limit may be extended at the Secretary’s discretion for matters outside the control of the applicant, or if the Secretary determines that extension of the time limit is in the public interest.
(Pub. L. 111–8, div. C, title III, Mar. 11, 2009, 123 Stat. 616.)
heading: Codification
text: Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the Energy Policy Act of 2005 which comprises this chapter.
42 U.S.C. § 15971 (THE PUBLIC HEALTH AND WELFARE)
§ 15971. Integrated coal/renewable energy system
(a) In general
Subject to the availability of appropriations, the Secretary may provide loan guarantees for a project to produce energy from coal of less than 7,000 Btu/lb. using appropriate advanced integrated gasification combined cycle technology, including repowering of existing facilities, that—
(1) is combined with wind and other renewable sources;
(2) minimizes and offers the potential to sequester carbon dioxide emissions; and
(3) provides a ready source of hydrogen for near-site fuel cell demonstrations.
(b) Requirements
The facility—
(1) may be built in stages;
(2) shall have a combined output of at least 200 megawatts at successively more competitive rates; and
(3) shall be located in the Upper Great Plains.
(c) Technical criteria
Technical criteria described in section 15962(b) of this title shall apply to the facility.
(d) Investment tax credits
(1) In general
The loan guarantees provided under this section do not preclude the facility from receiving an allocation for investment tax credits under section 48A of title 26.
(2) Other funding
Use of the investment tax credit described in paragraph (1) does not prohibit the use of other clean coal program funding.
(Pub. L. 109–58, title IV, § 411, Aug. 8, 2005, 119 Stat. 754.)