[Congressional Record Volume 157, Number 55 (Thursday, April 14, 2011)]
[Senate]
[Pages S2522-S2523]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BEGICH:
  S. 843. A bill to establish outer Continental Shelf lease and permit 
processing coordination offices, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BEGICH. Mr. President--I wish to speak about legislation I am 
introducing today aimed at streamlining a cumbersome development 
process for offshore oil and gas development adjacent to Alaska.
  About a month ago, President Obama proposed essentially that when he 
called for increased domestic oil and gas development and cutting 
foreign oil imports by a third by 2025. The President even said his 
administration is ``looking at potential new development in Alaska, 
both onshore and offshore.''
  We Alaskans were glad to hear the President use the ``A'' word--
Alaska. As America's energy storehouse for better than a quarter 
century, we are anxious to continue supplying our nation a stable 
source of energy just as we have been doing since oil starting flowing 
through the trans-Alaska pipeline in 1977.
  Simply put, Alaska has enormous untapped oil and gas reserves--an 
estimated 40 to 60 billion barrels of oil on State and Federal lands 
and waters. That is approaching a decade's worth of U.S. consumption.
  We also hold the Nation's largest conventional natural gas reserves--
more than 100 trillion cubic feet of this clean-burning fuel.
  As is always the case, it is the details that matter. While we 
welcome the President's interest in increased energy development in our 
state, his administration--and those which preceded him--have enacted 
roadblocks to this laudable goal.
  In the National Petroleum Reserve-Alaska, ConocoPhillips has been 
working for years to secure a permit to build a bridge into a petroleum 
reserve to development oil--only to be stalled by the Army Corps of 
Engineers and EPA.
  Moving to the offshore, Shell has been working for 5 years and 
invested more than $3 billion for the opportunity to drill exploratory 
wells in Alaska's Beaufort and Chukchi Seas. They got very close last 
year but just when it appeared the development had the green light a 
few weeks ago, an internal EPA Environmental Appeals Board sent the air 
quality permit back to the drawing board.
  Business as usual simply isn't working when it comes to increased oil 
and gas development in my State.
  Accordingly, today I am introducing legislation that would create an 
office of Federal coordination for the Arctic OCS, modeled after 
legislation the late Senator Ted Stevens passed establishing a Federal 
gas pipeline coordinator. This office would have authority to work 
across the agencies causing Alaska so much heartburn today--the EPA, 
Army Corps of Engineers and Interior Department.
  The Federal OCS coordinator would work with the State of Alaska and 
affected local governments to streamline development in the Chukchi and 
Beaufort seas, which hold such promise for future oil and gas 
development.
  Additionally, it would expedite judicial review of claims related to 
Environmental Protection Agency and Department of Interior permits for 
development in this area. Let me be clear, this legislation does not 
prevent citizens from solving disputes in the court system. However, it 
does recognize that America needs this energy and issues surrounding it 
should be solved quickly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 843

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Outer Continental Shelf 
     Permit Processing Coordination Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Coordination office.--The term ``coordination office'' 
     means a regional joint outer Continental Shelf lease and 
     permit processing coordination office established under 
     section 3(a).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. OUTER CONTINENTAL SHELF PERMIT PROCESSING 
                   COORDINATION OFFICES.

       (a) Establishment.--The Secretary shall establish--
       (1) a regional joint outer Continental Shelf lease and 
     permit processing coordination office for the Alaska region 
     of the outer Continental Shelf; and
       (2) subject to subsection (c)--
       (A) a regional joint outer Continental Shelf lease and 
     permit processing coordination office for the Atlantic region 
     of the outer Continental Shelf; and
       (B) a regional joint outer Continental Shelf lease and 
     permit processing coordination office for the Pacific region 
     of the outer Continental Shelf.
       (b) Memorandum of Understanding.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall enter into a 
     memorandum of understanding for the purposes of carrying out 
     this section with--
       (A) the Secretary of Commerce;
       (B) the Chief of Engineers;
       (C) the Administrator of the Environmental Protection 
     Agency;
       (D) the head of any other Federal agency that may have a 
     role in permitting activities; and
       (E) in the case of the coordination office described in 
     subsection (a)(1), the head of each borough government that 
     is located adjacent to any active lease area.
       (2) State participation.--The Secretary shall request that 
     the Governor of a State adjacent to the applicable outer 
     Continental Shelf region be a signatory to the memorandum of 
     understanding.
       (c) Date of Establishment.--A coordination office described 
     in subparagraph (A) or (B) of subsection (a)(2) shall not be 
     established until the date on which a proposed lease sale is 
     conducted for the Atlantic or Pacific region of the outer 
     Continental Shelf, as applicable.
       (d) Designation of Qualified Staff.--
       (1) In general.--Each Federal signatory party shall, if 
     appropriate, assign to each of the coordination offices an 
     employee who has expertise in the regulatory issues 
     administered by the office in which the employee is employed 
     relating to leasing and the permitting of oil and gas 
     activities on the outer Continental Shelf by the date that 
     is--
       (A) in the case of the coordination office described in 
     subsection (a)(1), not later than 30 days after the date of 
     the signing of the memorandum of understanding relating to 
     the applicable coordination office under subsection (b); or
       (B) in the case of a coordination office established under 
     subsection (a)(2), not later than 30 days after the date of 
     establishment of the applicable coordination office under 
     subsection (c).
       (2) Duties.--An employee assigned under paragraph (1) 
     shall--
       (A) not later than 90 days after the date of assignment, 
     report to the applicable coordination office;
       (B) be responsible for all issues relating to the 
     jurisdiction of the home office or agency of the employee; 
     and
       (C) participate as part of the applicable team of personnel 
     working on proposed oil and gas leasing and permitting, 
     including planning and environmental analyses.
       (e) Transfer of Funds.--For the purposes of coordination 
     and processing of oil and gas use authorizations for the 
     applicable outer Continental Shelf region, the Secretary may 
     authorize the expenditure or transfer of such funds as are 
     necessary to--
       (1) the Secretary of Commerce;
       (2) the Chief of Engineers;
       (3) the Administrator of the Environmental Protection 
     Agency;
       (4) the head of any other Federal agency having a role in 
     permitting activities;
       (5) any State adjacent to the applicable outer Continental 
     Shelf region; and
       (6) in the case of the coordination office described in 
     subsection (a)(1), the head of each borough government that 
     is located adjacent to any active lease area.
       (f) Effect.--Nothing in this section--
       (1) authorizes the establishment of a regional joint outer 
     Continental Shelf lease and permit processing coordination 
     office for the Gulf of Mexico region of the outer Continental 
     Shelf;
       (2) affects the operation of any Federal or State law; or
       (3) affects any delegation of authority made by the head of 
     a Federal agency for

[[Page S2523]]

     employees that are assigned to a coordination office.
       (g) Funding.--
       (1) In general.--There is authorized to be appropriated 
     $2,000,000 for the coordination office described in 
     subsection (a)(1) for each of fiscal years 2011 through 2021, 
     to remain available until expended.
       (2) Other coordination offices.--Notwithstanding any other 
     provision of law--
       (A) of the amounts received by the Secretary from the sale 
     of bonus bids in the Atlantic region of the outer Continental 
     Shelf Continental Shelf region, $2,000,000 shall be made 
     available for the applicable coordination office described in 
     subsection (A)(2)(A) for the fiscal year; and
       (B) of the amounts received by the Secretary from the sale 
     of bonus bids in the Pacific region of the outer Continental 
     Shelf Continental Shelf region, $2,000,000 shall be made 
     available for the applicable coordination office described in 
     subsection (A)(2)(B) for the fiscal year.

     SEC. 4. JUDICIAL REVIEW.

       (a) Exclusive Jurisdiction.--Except for review by the 
     Supreme Court on writ of certiorari, the United States Court 
     of Appeals for the District of Columbia Circuit shall have 
     original and exclusive jurisdiction to review any claim 
     relating to an action by the Administrator of the 
     Environmental Protection Agency or the Secretary of the 
     Interior with respect to the review, approval, denial, or 
     issuance of an oil or natural gas lease or permit in the area 
     of the outer Continental Shelf described in section 3(a)(1).
       (b) Deadline for Filing Claim.--A claim described in 
     subsection (a) may be brought not later than 60 days after 
     the date of the action giving rise to the claim.
       (c) Expedited Consideration.--The United States Court of 
     Appeals for the District of Columbia Circuit shall set any 
     action brought under subsection (a) for expedited 
     consideration, taking into account the national interest of 
     enhancing national energy security by providing access to the 
     significant oil and natural gas resources in the area of the 
     outer Continental Shelf described in section 3(a)(1) that are 
     needed to meet the anticipated demand for oil and natural 
     gas.
                                 ______