Title: OPENS Alaska Act of 2017
Policy area: Energy

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.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 883 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 883

 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

                April 6 (legislative day, April 4), 2017

 Ms. Murkowski (for herself and Mr. Sullivan) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for reforms of the administration of the outer Continental 
          Shelf of the United States, 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 ``Offshore 
Production and Energizing National Security Alaska Act of 2017'' or the 
``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.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior.

      TITLE I-- THE ALASKA OUTER CONTINENTAL SHELF LEASE SALE ACT

SEC. 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'' issued on December 20, 2016, and any other 
substantially similar memorandum, Executive order, or other action by 
the President issued or taken before, on, or after the date of 
enactment of this Act to withdraw from mineral leasing the areas of the 
outer Continental Shelf described in that memorandum (as in effect on 
the day before the date of enactment of this Act) under section 12(a) 
of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)) shall have 
no force or effect.

SEC. 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 et seq.), to be 
        known as the ``Nearshore Beaufort Sea Planning Area'' and to be 
        defined in accordance with paragraph (2).
            (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)) consisting of the portion of the Beaufort Planning Area 
        located within 3 nautical miles of the seaward boundary of 
        Alaska.
    (b) Lease Sales.--Notwithstanding section 18 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary shall 
conduct under that Act (43 U.S.C. 1331 et seq.)--
            (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.

SEC. 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)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking ``;'' and inserting 
        ``; or''; and
            (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) for a portion of the 
                Beaufort Planning Area or Chukchi Planning Area that is 
                beyond 3 nautical miles of the seaward boundary of the 
                State.
                    (B) Exclusion.--A covered lease referred to in 
                paragraph (1) does not include any lease in the 
                Nearshore Beaufort Sea Planning Area.

SEC. 104. DISTRIBUTION OF REVENUE TO ALASKA.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
is amended--
            (1) by striking ``All rentals,'' and inserting the 
        following:
    ``(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' means a county-
                equivalent subdivision of the State--
                            ``(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)); and
                            ``(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' has the meaning given 
                the term in section 102 of the Higher Education Act of 
                1965 (20 U.S.C. 1002).
                    ``(C) Qualified revenues.--
                            ``(i) In general.--The term `qualified 
                        revenues' means all revenues derived from all 
                        rentals, royalties, bonus bids, and other sums 
                        due and payable to the United States from 
                        energy development in the Alaska outer 
                        Continental Shelf region.
                            ``(ii) Exclusions.--The term `qualified 
                        revenues' does not include revenues generated 
                        from leases subject to section 8(g).
                    ``(D) State.--The term `State' means the State of 
                Alaska.
                    ``(E) Workforce investment board.--The term 
                `workforce investment board' means a State or local 
                workforce investment board established under subtitle B 
                of title I of the Workforce Investment Act of 1998 (29 
                U.S.C. 2811 et seq.).
            ``(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; and
                    ``(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.''.

SEC. 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) is amended by adding at the end the following:
    ``(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, the Secretary shall include in any leasing program prepared in 
accordance with this section provisions for the conduct of at least 3 
lease sales in each of the Beaufort Planning Area and the Chukchi 
Planning Area, and annual lease sales in the Nearshore Beaufort Sea 
Planning Area and the Cook Inlet Planning Area during the term of the 
leasing program.''.

SEC. 106. NORTH SLOPE SCIENCE INITIATIVE.

    Section 348 of the Energy Policy Act of 2005 (42 U.S.C. 15906) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``(referred to 
                in this section as the `Secretary')'' after ``Secretary 
                of the Interior''; and
                    (B) in paragraph (2), by inserting ``(including the 
                Beaufort and Chukchi seas)'' after ``North Slope of 
                Alaska'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``(including the 
                Beaufort and Chukchi seas)'' after ``North Slope''; and
                    (B) in paragraph (2), by striking ``develop an 
                understanding of'' and inserting ``identify''; and
            (3) in subsection (c)(2), by inserting ``the Northwest 
        Arctic Borough, the NANA Regional Corporation,'' after ``Arctic 
        Slope Regional Corporation,''.

                  TITLE II--TRIBAL RESILIENCE PROGRAM

SEC. 201. TRIBAL RESILIENCE PROGRAM.

    (a) Definition of Indian Tribe.--In this section, the term ``Indian 
tribe'' has the meaning given the term in section 4 of the 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.

SEC. 202. TRIBAL RESILIENCE FUND.

    (a) Establishment.--There is established in the Treasury a fund, to 
be known as the ``Tribal Resilience Fund'' (referred to in this section 
as the ``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) (as added by 
        section 104(2)).
    (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 et seq.).
            (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.
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