Arctic Cultural and Coastal Plain Protection Act

Bill: 116-hr-1146
Sponsor: full_name: Rep. Huffman, Jared [D-CA-2]
Introduced: 2019-02-11
Policy area: Public Lands and Natural Resources
Subjects: Alaska

Alaska Natives and Hawaiians

Arctic and polar regions

Human rights

Oil and gas

Wilderness and natural areas, wildlife refuges, wild rivers, habitats

Wildlife conservation and habitat protection
Latest action: action_date: 2019-09-12
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

Summaries:
action_date: 2019-02-11
action_desc: Introduced in House
text: <p><b>Arctic Cultural and Coastal Plain Protection Act</b></p> <p>This bill prohibits the Bureau of Land Management from administering an oil and gas leasing, development, production, and transportation program in and from the Coastal Plain of the Arctic National Wildlife Refuge in Alaska.</p>

action_date: 2019-06-27
action_desc: Reported to House
text: <p><b>Arctic Cultural and Coastal Plain Protection Act</b></p> <p>This bill prohibits the Bureau of Land Management from administering an oil and gas leasing, development, production, and transportation program in and from the Coastal Plain of the Arctic National Wildlife Refuge in Alaska.</p>

action_date: 2019-09-12
action_desc: Passed House
text: <p><b>Arctic Cultural and Coastal Plain Protection Act</b></p> <p>(Sec. 2) This bill prohibits the Bureau of Land Management from administering an oil and gas leasing, development, production, and transportation program in and from the Coastal Plain of the Arctic National Wildlife Refuge in Alaska.</p> <p>(Sec. 3) The bill establishes permanent fees that the Department of the Interior must collect from the operators of offshore oil and gas facilities subject to inspection under current law, including inspection fees for offshore platform facilities and drilling rigs.</p> <p>All fees collected must be deposited into the Ocean Energy Safety Fund established by this bill. Interior may use the funds to administer the inspection program, to the extent that the funds are provided in advance in an appropriations bill.</p> <p>

tv_txt: I 116th CONGRESS 1st Session H. R. 1146 IN THE HOUSE OF REPRESENTATIVES February 11, 2019 Mr. Huffman (for himself, Mr. Fitzpatrick , Mr. Aguilar , Ms. Barragán , Ms. Bass , Mr. Beyer , Mr. Blumenauer , Ms. Bonamici , Mr. Brendan F. Boyle of Pennsylvania , Mr. Brown of Maryland , Ms. Brownley of California , Mr. Carbajal , Mr. Cárdenas , Mr. Cartwright , Mr. Casten of Illinois , Ms. Castor of Florida , Ms. Judy Chu of California , Mr. Cicilline , Ms. Clarke of New York , Mr. Clay , Mr. Cohen , Mr. Welch , Mr. Crow , Mr. DeFazio , Ms. DeGette , Mrs. Demings , Mr. DeSaulnier , Mr. Deutch , Mrs. Dingell , Mr. Michael F. Doyle of Pennsylvania , Ms. Eshoo , Mr. Espaillat , Mr. Gallego , Mr. Garamendi , Mr. Gomez , Ms. Haaland , Mr. Hastings , Ms. Hill of California , Mr. Higgins of Louisiana , Mr. Himes , Ms. Jayapal , Mr. Kennedy , Mr. Kildee , Mr. Kilmer , Mr. Krishnamoorthi , Mrs. Lawrence , Ms. Lee of California , Mr. Levin of California , Mr. Ted Lieu of California , Mr. Lipinski , Ms. Lofgren , Mr. Lowenthal , Mr. Luján , Mr. Lynch , Mr. Sean Patrick Maloney of New York , Ms. Matsui , Ms. McCollum , Mr. McEachin , Mr. McGovern , Mr. McNerney , Ms. Meng , Mr. Morelle , Mr. Moulton , Ms. Mucarsel-Powell , Mr. Nadler , Mrs. Napolitano , Mr. Neguse , Ms. Norton , Ms. Omar , Mr. Panetta , Mr. Peters , Ms. Pingree , Mr. Pocan , Mr. Quigley , Mr. Raskin , Ms. Roybal-Allard , Ms. Schakowsky , Mr. Schiff , Mr. Serrano , Ms. Shalala , Mr. Sires , Mr. Smith of Washington , Mr. Soto , Ms. Speier , Mr. Suozzi , Mr. Tonko , Mr. Van Drew , Ms. Velázquez , Ms. Wasserman Schultz , Mrs. Watson Coleman , Ms. Waters , Ms. Wilson of Florida , Mr. Malinowski , Mr. Rouda , Mr. Ryan , Mr. Connolly , Mrs. Trahan , Mrs. Murphy , Mr. Khanna , Mr. Perlmutter , Mr. Trone , and Mr. Cunningham ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend Public Law 115–97 (commonly known as the Tax Cuts and Jobs Act) to repeal the Arctic National Wildlife Refuge oil and gas program, and for other purposes.

1. Short title This Act may be cited as the Arctic Cultural and Coastal Plain Protection Act . 2. Findings The Congress finds the following: (1) Americans cherish the continued existence of expansive, unspoiled wilderness ecosystems and wildlife found on their public lands and feel a strong moral responsibility to protect this wilderness heritage as an enduring resource to bequeath undisturbed to future generations of Americans. (2) It is widely believed by ecologists, wildlife scientists, public land specialists, and other experts that the wilderness ecosystem centered around and dependent upon the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, represents the very epitome of a primeval wilderness ecosystem and constitutes the greatest wilderness area and diversity of wildlife habitats of its kind in the United States. (3) President Dwight D. Eisenhower initiated protection of the wilderness values of the Arctic coastal plain in 1960 when he set aside 8,900,000 acres establishing the Arctic National Wildlife Range expressly for the purpose of preserving unique wildlife, wilderness and recreational values . (4) When the Arctic National Wildlife Refuge was established in 1980 by paragraph (2) of section 303 of the Alaska National Interest Lands Conservation Act ( Public Law 96–487 ; 94 Stat. 90; 23 16 U.S.C. 668dd note), subparagraph (B) recognized the following four additional purposes of the Arctic National Wildlife Refuge: (A) To conserve fish and wildlife populations and habitats in their natural diversity including the Porcupine caribou herd . (B) To fulfill the international treaty obligations for the United States with respect to fish and wildlife and their habitats . (C) To provide … the opportunity for continued subsistence use by local residents . (D) To ensure … water quality and quantity within the refuge . (5) A majority of Americans have supported and continue to support preserving and protecting the Arctic National Wildlife Refuge, including the Arctic coastal plain, from any industrial development and consider oil and gas exploration and development in particular to be incompatible with the purposes for which this incomparable wilderness ecosystem has been set aside. (6) Canada has taken action to preserve those portions of the wilderness ecosystem of the Arctic that exist on its side of the international border and provides strong legal protection for the habitat of the Porcupine caribou herd that migrates annually through both countries to calve on the Arctic coastal plain. (7) The Gwich’in people of eastern Alaska and Northwestern Canada have relied on the Porcupine caribou herd for millennia and caribou is a vital cultural, spiritual, and nutritional resource for the Gwich’in. (8) The Arctic is being impacted by climate change at unprecedented levels. Temperatures are rising at twice the rate of the rest of the country, and wildlife and habitat that depend on the Arctic are being detrimentally impacted. (9) Title II, section 20001 of Public Law 115–97 (commonly known as the Tax Cuts and Jobs Act) would allow an oil and gas program on the Coastal Plain. Oil and gas activities are not compatible with the protection of this national treasure. (10) Repeal of section 20001 would best protect the unspoiled ecosystem of the Coastal Plain, the human rights of the Gwich’in, and the integrity of the National Wildlife Refuge System. 3. Statement of policy The Congress hereby declares that it is the policy of the United States— (1) to honor the decades of bipartisan efforts that have increasingly protected the great wilderness ecosystem of the Arctic coastal plain; (2) to sustain this natural treasure for the current generation of Americans; (3) to honor and respect the human rights of the Gwich’in; and (4) to do everything possible to protect and preserve this magnificent natural ecosystem so that it may be bequeathed in its unspoiled natural condition to future generations of Americans. 4. Repeal of Arctic National Wildlife Refuge oil and gas program Section 20001 of Public Law 115–97 is hereby repealed.

tv_txt: IB Union Calendar No. 97 116th CONGRESS 1st Session H. R. 1146 [Report No. 116–133] IN THE HOUSE OF REPRESENTATIVES February 11, 2019 Mr. Huffman (for himself, Mr. Fitzpatrick , Mr. Aguilar , Ms. Barragán , Ms. Bass , Mr. Beyer , Mr. Blumenauer , Ms. Bonamici , Mr. Brendan F. Boyle of Pennsylvania , Mr. Brown of Maryland , Ms. Brownley of California , Mr. Carbajal , Mr. Cárdenas , Mr. Cartwright , Mr. Casten of Illinois , Ms. Castor of Florida , Ms. Judy Chu of California , Mr. Cicilline , Ms. Clarke of New York , Mr. Clay , Mr. Cohen , Mr. Welch , Mr. Crow , Mr. DeFazio , Ms. DeGette , Mrs. Demings , Mr. DeSaulnier , Mr. Deutch , Mrs. Dingell , Mr. Michael F. Doyle of Pennsylvania , Ms. Eshoo , Mr. Espaillat , Mr. Gallego , Mr. Garamendi , Mr. Gomez , Ms. Haaland , Mr. Hastings , Ms. Hill of California , Mr. Higgins of Louisiana , Mr. Himes , Ms. Jayapal , Mr. Kennedy , Mr. Kildee , Mr. Kilmer , Mr. Krishnamoorthi , Mrs. Lawrence , Ms. Lee of California , Mr. Levin of California , Mr. Ted Lieu of California , Mr. Lipinski , Ms. Lofgren , Mr. Lowenthal , Mr. Luján , Mr. Lynch , Mr. Sean Patrick Maloney of New York , Ms. Matsui , Ms. McCollum , Mr. McEachin , Mr. McGovern , Mr. McNerney , Ms. Meng , Mr. Morelle , Mr. Moulton , Ms. Mucarsel-Powell , Mr. Nadler , Mrs. Napolitano , Mr. Neguse , Ms. Norton , Ms. Omar , Mr. Panetta , Mr. Peters , Ms. Pingree , Mr. Pocan , Mr. Quigley , Mr. Raskin , Ms. Roybal-Allard , Ms. Schakowsky , Mr. Schiff , Mr. Serrano , Ms. Shalala , Mr. Sires , Mr. Smith of Washington , Mr. Soto , Ms. Speier , Mr. Suozzi , Mr. Tonko , Mr. Van Drew , Ms. Velázquez , Ms. Wasserman Schultz , Mrs. Watson Coleman , Ms. Waters , Ms. Wilson of Florida , Mr. Malinowski , Mr. Rouda , Mr. Ryan , Mr. Connolly , Mrs. Trahan , Mrs. Murphy , Mr. Khanna , Mr. Perlmutter , Mr. Trone , and Mr. Cunningham ) introduced the following bill; which was referred to the Committee on Natural Resources June 27, 2019 Additional sponsors: Mr. Case , Mr. Higgins of New York , Ms. Moore , Mr. Levin of Michigan , Mrs. Luria , Ms. DelBene , Mrs. Davis of California , Ms. Porter , Mr. García of Illinois , Mrs. Carolyn B. Maloney of New York , Mr. Kim , Mr. Heck , Mr. Takano , Mr. Neal , Mr. Horsford , Mrs. Torres of California , Ms. Wild , Ms. Ocasio-Cortez , Mr. Cox of California , Mr. Delgado , Mr. Golden , Ms. Scanlon , Mr. Phillips , Mr. Pappas , Mr. Crist , Ms. Schrier , Mr. Price of North Carolina , Ms. Clark of Massachusetts , Mr. Cisneros , Ms. Frankel , Mrs. Kirkpatrick , Mr. Grijalva , Mr. Harder of California , Ms. Davids of Kansas , Mr. Kind , Ms. Slotkin , Ms. Kuster of New Hampshire , Mr. Rush , Ms. Dean , Mrs. Bustos , Ms. Spanberger , Mr. Johnson of Georgia , Mr. Schneider , Ms. Blunt Rochester , Mr. Brindisi , Mr. Lawson of Florida , Ms. Pressley , Mr. Schrader , Mr. Pallone , Mr. Cleaver , Mr. Jeffries , Ms. Sherrill , Mr. Foster , Mr. Payne , Ms. Adams , Mrs. Craig , Mr. Swalwell of California , Ms. Sánchez , Mr. Stanton , Mr. Vargas , Mr. Meeks , Mr. Rose of New York , Mr. Cummings , Ms. Wexton , Mr. McAdams , Ms. Stevens , Mr. Loebsack , Ms. Kaptur , Mr. Larsen of Washington , Mr. Yarmuth , Ms. DeLauro , Mr. Langevin , Ms. Jackson Lee , Mr. O'Halleran , Mr. Scott of Virginia , Mr. Keating , Mr. Sarbanes , Mr. Larson of Connecticut , Mr. Gottheimer , Mrs. Beatty , Miss Rice of New York , and Mrs. McBath Deleted sponsor: Mr. Higgins of Louisiana (added February 11, 2019; deleted March 13, 2019) June 27, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on February 11, 2019 A BILL To amend Public Law 115–97 (commonly known as the Tax Cuts and Jobs Act) to repeal the Arctic National Wildlife Refuge oil and gas program, and for other purposes.

1. Short title This Act may be cited as the Arctic Cultural and Coastal Plain Protection Act . 2. Repeal of Arctic National Wildlife Refuge oil and gas program Section 20001 of Public Law 115–97 ( 16 U.S.C. 3143 note) is hereby repealed.

June 27, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 116th CONGRESS 1st Session H. R. 1146 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend Public Law 115–97 (commonly known as the Tax Cuts and Jobs Act) to repeal the Arctic National Wildlife Refuge oil and gas program, and for other purposes.

1. Short title This Act may be cited as the Arctic Cultural and Coastal Plain Protection Act . 2. Repeal of Arctic National Wildlife Refuge oil and gas program Section 20001 of Public Law 115–97 ( 16 U.S.C. 3143 note) is hereby repealed. 3. Inspection Fee Collection Section 22 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1348 ) is amended by adding at the end the following: (g) Inspection fees (1) Establishment The Secretary of the Interior shall collect from the operators of facilities subject to inspection under subsection (c) non-refundable fees for such inspections— (A) at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer Continental Shelf facilities (including mobile offshore drilling units) by the Secretary of the Interior; and (B) using a schedule that reflects the differences in complexity among the classes of facilities to be inspected. (2) Ocean Energy Safety Fund There is established in the Treasury a fund, to be known as the Ocean Energy Safety Fund (referred to in this subsection as the Fund ), into which shall be deposited all amounts collected as fees under paragraph (1) and which shall be available as provided under paragraph (3). (3) Availability of fees Notwithstanding section 3302 of title 31, United States Code, all amounts deposited in the Fund— (A) shall be credited as offsetting collections; (B) shall be available for expenditure for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and the administration of the inspection program under this section; (C) shall be available only to the extent provided for in advance in an appropriations Act; and (D) shall remain available until expended. (4) Adjustment for inflation For each fiscal year beginning after fiscal year 2020, the Secretary shall adjust each dollar amount specified in this subsection for inflation based on the change in the Consumer Price Index from fiscal year 2020. (5) Annual fees Annual fees shall be collected under this subsection for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2020 shall be— (A) $25,300 for facilities with no wells, but with processing equipment or gathering lines; (B) $40,700 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (C) $75,900 for facilities with more than 10 wells, with any combination of active or inactive wells. (6) Fees for drilling rigs Fees shall be collected under this subsection for drilling rigs on a per inspection basis. Fees for fiscal year 2020 shall be— (A) $73,700 per inspection for rigs operating in water depths of 500 feet or more; and (B) $40,700 per inspection for rigs operating in water depths of less than 500 feet. (7) Fees for non-rig units Fees shall be collected under this subsection for well operations conducted via non-rig units as outlined in subparts D, E, F, and Q of part 250 of title 30, Code of Federal Regulations, on a per inspection basis. Fees for fiscal year 2020 shall be— (A) $29,172 per inspection for non-rig units operating in water depths of 2,500 feet or more; (B) $25,366 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and (C) $9,834 per inspection for non-rig units operating in water depths of less than 500 feet. (8) Billing The Secretary shall bill designated operators under paragraph (5) annually, with payment required within 30 days of billing. The Secretary shall bill designated operators under paragraph (6) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days after billing. . 4. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 12, 2019. Cheryl L. Johnson, Clerk.

tv_txt: IIB 116th CONGRESS 1st Session H. R. 1146 IN THE SENATE OF THE UNITED STATES September 12, 2019 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend Public Law 115–97 (commonly known as the Tax Cuts and Jobs Act) to repeal the Arctic National Wildlife Refuge oil and gas program, and for other purposes.

1. Short title This Act may be cited as the Arctic Cultural and Coastal Plain Protection Act . 2. Repeal of Arctic National Wildlife Refuge oil and gas program Section 20001 of Public Law 115–97 ( 16 U.S.C. 3143 note) is hereby repealed. 3. Inspection Fee Collection Section 22 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1348 ) is amended by adding at the end the following: (g) Inspection fees (1) Establishment The Secretary of the Interior shall collect from the operators of facilities subject to inspection under subsection (c) non-refundable fees for such inspections— (A) at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer Continental Shelf facilities (including mobile offshore drilling units) by the Secretary of the Interior; and (B) using a schedule that reflects the differences in complexity among the classes of facilities to be inspected. (2) Ocean Energy Safety Fund There is established in the Treasury a fund, to be known as the Ocean Energy Safety Fund (referred to in this subsection as the Fund ), into which shall be deposited all amounts collected as fees under paragraph (1) and which shall be available as provided under paragraph (3). (3) Availability of fees Notwithstanding section 3302 of title 31, United States Code, all amounts deposited in the Fund— (A) shall be credited as offsetting collections; (B) shall be available for expenditure for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and the administration of the inspection program under this section; (C) shall be available only to the extent provided for in advance in an appropriations Act; and (D) shall remain available until expended. (4) Adjustment for inflation For each fiscal year beginning after fiscal year 2020, the Secretary shall adjust each dollar amount specified in this subsection for inflation based on the change in the Consumer Price Index from fiscal year 2020. (5) Annual fees Annual fees shall be collected under this subsection for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2020 shall be— (A) $25,300 for facilities with no wells, but with processing equipment or gathering lines; (B) $40,700 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (C) $75,900 for facilities with more than 10 wells, with any combination of active or inactive wells. (6) Fees for drilling rigs Fees shall be collected under this subsection for drilling rigs on a per inspection basis. Fees for fiscal year 2020 shall be— (A) $73,700 per inspection for rigs operating in water depths of 500 feet or more; and (B) $40,700 per inspection for rigs operating in water depths of less than 500 feet. (7) Fees for non-rig units Fees shall be collected under this subsection for well operations conducted via non-rig units as outlined in subparts D, E, F, and Q of part 250 of title 30, Code of Federal Regulations, on a per inspection basis. Fees for fiscal year 2020 shall be— (A) $29,172 per inspection for non-rig units operating in water depths of 2,500 feet or more; (B) $25,366 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and (C) $9,834 per inspection for non-rig units operating in water depths of less than 500 feet. (8) Billing The Secretary shall bill designated operators under paragraph (5) annually, with payment required within 30 days of billing. The Secretary shall bill designated operators under paragraph (6) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days after billing. . 4. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 12, 2019. Cheryl L. Johnson, Clerk