[Congressional Record Volume 157, Number 62 (Monday, May 9, 2011)]
[Senate]
[Pages S2783-S2785]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 916. A bill to facilitate appropriate oil and gas development on 
Federal land and waters, to limit dependence of the United States on 
foreign sources of oil and gas, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, today I am introducing the Oil and Gas 
Facilitation Act of 2011. This is a bill to facilitate appropriate oil 
and gas development on Federal land and waters, and to limit the 
dependence of the United States on foreign sources of energy.
  For example, its provisions will increase our understanding of our 
oil and gas resources, coordinate interagency activity on permitting 
for oil and gas development, and facilitate transportation of Alaskan 
oil and natural gas.
  Its provisions are drawn from a bill reported out of the Committee on 
Energy and Natural Resources on a bipartisan basis in the last 
Congress. I look forward to working with my colleagues on both sides of 
the aisle as we move forward on these issues in this Congress.
  Mr. President, I ask unanimous consent that the text of this 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. 916

       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 ``Oil and 
     Gas Facilitation Act of 2011''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                      TITLE I--OIL AND GAS LEASING

Sec. 101. Extension of Oil and Gas Permit Processing Improvement Fund.
Sec. 102. Facilitation of coproduction of geothermal energy on oil and 
              gas leases.

                   TITLE II--OUTER CONTINENTAL SHELF

Sec. 201. Comprehensive inventory of outer Continental Shelf resources.
Sec. 202. Alaska OCS permit processing coordination office.
Sec. 203. Phase-out of mandatory Outer Continental Shelf deep water and 
              deep gas royalty relief for future leases.

                        TITLE III--MISCELLANEOUS

Sec. 301. Facilitation of Alaska natural gas pipeline.
Sec. 302. Exemption of trans-Alaska oil pipeline system from certain 
              requirements.
Sec. 303. Permits for natural gas pipeline in Denali National Park and 
              Preserve.

     SEC. 2. DEFINITION OF SECRETARY.

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

                      TITLE I--OIL AND GAS LEASING

     SEC. 101. EXTENSION OF OIL AND GAS PERMIT PROCESSING 
                   IMPROVEMENT FUND.

       Section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)) 
     is amended by adding at the end the following:
       ``(4) Authorization of appropriations.--There is authorized 
     to be appropriated from the Fund, or to the extent adequate 
     funds in the Fund are not available from miscellaneous 
     receipts of the Treasury, for the coordination and processing 
     of oil and gas use authorizations and for oil and gas 
     inspection and enforcement on onshore Federal land under the 
     jurisdiction of the Pilot Project offices described in 
     section 365(d) of the Energy Policy Act of 2005 (42 U.S.C. 
     15924(d)) $20,000,000 for each of fiscal years 2016 through 
     2020, to remain available until expended.''.

     SEC. 102. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY 
                   ON OIL AND GAS LEASES.

       Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
     1003(b)) is amended by adding at the end the following:
       ``(4) Land subject to oil and gas lease.--Land under an oil 
     and gas lease issued pursuant to the Mineral Leasing Act (30 
     U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired 
     Lands (30 U.S.C. 351 et seq.) that is subject to an approved 
     application for permit to drill and from which oil and gas 
     production is occurring may be available for leasing under 
     subsection (c) by the holder of the oil and gas lease--
       ``(A) on a determination that--
       ``(i) geothermal energy will be produced from a well 
     producing or capable of producing oil and gas; and
       ``(ii) the public interest will be served by the issuance 
     of such a lease; and
       ``(B) in order to provide for the coproduction of 
     geothermal energy with oil and gas.''.

                   TITLE II--OUTER CONTINENTAL SHELF

     SEC. 201. COMPREHENSIVE INVENTORY OF OUTER CONTINENTAL SHELF 
                   RESOURCES.

       (a) In General.--Section 357 of the Energy Policy Act of 
     2005 (42 U.S.C. 15912) is amended--
       (1) in subsection (a)--
       (A) by striking the first sentence of the matter preceding 
     paragraph (1) and inserting the following: ``The Secretary 
     shall conduct a comprehensive inventory of oil and natural 
     gas (including executing or otherwise facilitating seismic 
     studies of resources) and prepare a summary (the latter 
     prepared with the assistance of, and based on information 
     provided by, the heads of appropriate Federal agencies) of 
     the information obtained under paragraph (3), for the waters 
     of the United States Outer Continental Shelf (referred to in 
     this section as the `OCS') in the Atlantic Region, the 
     Eastern Gulf of Mexico, and the Alaska Region.'';
       (B) in paragraph (2)--
       (i) by striking ``3-D'' and inserting ``2-D and 3-D''; and
       (ii) by adding ``and'' at the end; and
       (C) by striking paragraphs (3) through (5) and inserting in 
     the following:
       ``(3) use existing inventories and mapping of marine 
     resources undertaken by the National Oceanographic and 
     Atmospheric Administration and with the assistance of and 
     based on information provided by the Department of Defense 
     and other Federal and State agencies possessing relevant 
     data, and use any available data regarding alternative energy 
     potential, navigation uses, fisheries, aquaculture uses, 
     recreational uses, habitat, conservation, and military 
     uses.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Implementation.--The Secretary shall carry out the 
     inventory and analysis under subsection (a) in 3 phases, with 
     priority given to all or part of applicable planning areas of 
     the outer Continental Shelf--
       ``(1) estimated to have the greatest potential for energy 
     development in barrel of oil equivalent; and
       ``(2) outside of any leased area or area scheduled for 
     leasing prior to calendar year 2011 under any outer 
     Continental Shelf 5-year leasing program or amendment to the 
     program under section 18 of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1344).

[[Page S2784]]

       ``(c) Plan.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this paragraph, the Secretary shall submit to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Natural Resources of the House of 
     Representatives a report that provides a plan for executing 
     or otherwise facilitating the seismic studies required under 
     this section, including an estimate of the costs to complete 
     the seismic inventory by region and environmental and 
     permitting activities to facilitate expeditious completion.
       ``(2) First phase.--Not later than 2 years after the date 
     of enactment of this paragraph, the Secretary shall submit to 
     Congress a report describing the results of the first phase 
     of the inventory and analysis under subsection (a).
       ``(3) Subsequent phases.--Not later than 2 years after the 
     date on which the report is submitted under paragraph (2) and 
     2 years thereafter, the Secretary shall submit to Congress a 
     report describing the results of the second and third phases, 
     respectively, of the inventory and analysis under subsection 
     (a).
       ``(4) Public availability.--A report submitted under 
     paragraph (2) or (3) shall be--
       ``(A) made publicly available; and
       ``(B) updated not less frequently than once every 5 
     years.''.
       (b) Relationship to 5-Year Program.--The requirement that 
     the Secretary carry out the inventory required by the 
     amendment made by subsection (a) shall not be considered to 
     require, authorize, or provide a basis or justification for 
     delay by the Secretary or any other agency of the issuance of 
     any outer Continental Shelf leasing program or amendment to 
     the program under section 18 of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1344), or any lease sale pursuant to 
     that section.
       (c) Permits.--Nothing in this section or an amendment made 
     by this section--
       (1) precludes the issuance by the Secretary of a permit to 
     conduct geological and geophysical exploration of the outer 
     Continental Shelf in accordance with the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1331 et seq.) and other applicable 
     law; or
       (2) otherwise alters the requirements of applicable law 
     with respect to the issuance of such a permit or any other 
     activities undertaken by the Secretary in connection with the 
     inventory.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, to be available 
     until expended without fiscal year limitation--
       (1) $100,000,000 for each of fiscal years 2012 through 
     2017; and
       (2) $50,000,000 for each of fiscal years 2018 through 2022.

     SEC. 202. ALASKA OCS PERMIT PROCESSING COORDINATION OFFICE.

       (a) Establishment.--The Secretary shall establish a 
     regional joint outer Continental Shelf lease and permit 
     processing office for the Alaska outer Continental Shelf 
     region.
       (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; and
       (D) any other Federal agency that may have a role in 
     permitting activities.
       (2) State participation.--The Secretary shall request that 
     the Governor of Alaska be a signatory to the memorandum of 
     understanding.
       (c) Designation of Qualified Staff.--
       (1) In general.--Not later than 30 days after the date of 
     the signing of the memorandum of understanding under 
     subsection (b), each Federal signatory party shall, if 
     appropriate, assign to the office described in subsection (a) 
     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.
       (2) Duties.--An employee assigned under paragraph (1) 
     shall--
       (A) not later than 90 days after the date of assignment, 
     report to the office described in subsection (a);
       (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.
       (d) Transfer of Funds.--For the purposes of coordination 
     and processing of oil and gas use authorizations for the 
     Alaska 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) any other Federal agency having a role in permitting 
     activities; and
       (5) the State of Alaska.
       (e) Savings Provision.--Nothing in this section affects--
       (1) the operation of any Federal or State law; or
       (2) any delegation of authority made by the head of a 
     Federal agency for employees that are assigned to the 
     coordination office.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,000,000 for 
     each of fiscal years 2012 through 2022, to remain available 
     until expended.

     SEC. 203. PHASE-OUT OF MANDATORY OUTER CONTINENTAL SHELF DEEP 
                   WATER AND DEEP GAS ROYALTY RELIEF FOR FUTURE 
                   LEASES.

       (a) In General.--Sections 344 and 345 of the Energy Policy 
     Act of 2005 (42 U.S.C. 15904, 15905) are repealed.
       (b) Administration.--The Secretary shall not be required to 
     provide for royalty relief in the lease sale terms beginning 
     with the first lease sale held on or after the date of 
     enactment of this Act for which a final notice of sale has 
     not been published.

                        TITLE III--MISCELLANEOUS

     SEC. 301. FACILITATION OF ALASKA NATURAL GAS PIPELINE.

       Section 116 of the Alaska Natural Gas Pipeline Act (15 
     U.S.C. 720n) is amended--
       (1) in subsection (a)(3)--
       (A) in the first sentence, by inserting before the period 
     at the end the following: ``, except that a holder of a 
     certificate may request the Secretary to extend the period to 
     issue Federal guarantee instruments for not more than 180 
     days following the date of resolution of any reopening, 
     contest, or other proceeding relating to the certificate''; 
     and
       (B) in the second sentence, by inserting before the period 
     at the end the following: ``, or connecting to pipeline 
     infrastructure capable of delivering commercially economic 
     quantities of natural gas to the continental United States'';
       (2) in subsection (b)--
       (A) by striking paragraph (2);
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and
       (C) in paragraph (2) (as so redesignated), by striking 
     ``and completion guarantees'';
       (3) in subsection (c)(2), by striking ``$18,000,000,000'' 
     and inserting ``$30,000,000,000'';
       (4) in subsection (d)--
       (A) in the first sentence of paragraph (1), by inserting 
     before the period at the end the following: ``, except that 
     an issued loan guarantee instrument shall apply to not less 
     than 80 percent of project costs unless by previous consent 
     of the borrower''; and
       (B) in paragraph (2), by striking ``An eligible'' and 
     inserting ``A''; and
       (5) in subsection (g)--
       (A) by striking paragraph (2);
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and
       (C) in paragraph (2) (as so redesignated), by inserting 
     before the period at the end the following: ``under 
     subsection (a)(3), including direct lending from the Federal 
     Financing Bank of all or a part of the amount to the holder, 
     in lieu of a guarantee''.

     SEC. 302. EXEMPTION OF TRANS-ALASKA OIL PIPELINE SYSTEM FROM 
                   CERTAIN REQUIREMENTS.

       The Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 
     et seq.) is amended by adding at the end the following:

     ``SEC. 208. EXEMPTION OF TRANS-ALASKA OIL PIPELINE SYSTEM 
                   FROM CERTAIN REQUIREMENTS.

       ``(a) In General.--Except as provided in subsection (b), no 
     part of the trans-Alaska oil pipeline system shall be 
     considered to be a district, site, building, structure, or 
     object for purposes of section 106 of the National Historic 
     Preservation Act (16 U.S.C. 470f), regardless of whether all 
     or part of the trans-Alaska oil pipeline system may otherwise 
     be listed on, or eligible for listing on, the National 
     Register of Historic Places.
       ``(b) Individual Elements.--
       ``(1) In general.--Subject to subsection (c), the Secretary 
     of the Interior may identify up to 3 sections of the trans-
     Alaska oil pipeline system that possess national or 
     exceptional historic significance, and that should remain 
     after the pipeline is no longer used for the purpose of oil 
     transportation.
       ``(2) Historic site.--Any sections identified under 
     paragraph (1) shall be considered to be a historic site.
       ``(3) Views.--In making the identification under this 
     subsection, the Secretary shall consider the views of--
       ``(A) the owners of the pipeline;
       ``(B) the State Historic Preservation Officer;
       ``(C) the Advisory Council on Historic Preservation; and
       ``(D) the Federal Coordinator for Alaska Natural Gas 
     Transportation Projects.
       ``(c) Construction, Maintenance, Restoration, and 
     Rehabilitation Activities.--Subsection (b) does not prohibit 
     the owners of the trans-Alaska oil pipeline system from 
     carrying out construction, maintenance, restoration, or 
     rehabilitation activities on or for a section of the system 
     described in subsection (b).''.

     SEC. 303. PERMITS FOR NATURAL GAS PIPELINE IN DENALI NATIONAL 
                   PARK AND PRESERVE.

       (a) Definitions.--In this section:
       (1) Appurtenance.--
       (A) In general.--The term ``appurtenance'' includes 
     cathodic protection or test stations, valves, signage, and 
     buried communication and electric cables relating to the 
     operation of high-pressure natural gas transmission.
       (B) Exclusions.--The term ``appurtenance'' does not include 
     compressor stations.
       (2) Park.--The term ``Park'' means the Denali National Park 
     and Preserve in the State of Alaska.
       (b) Permit.--The Secretary may issue right-of-way permits 
     for--

[[Page S2785]]

       (1) a high-pressure natural gas transmission pipeline 
     (including appurtenances) in non-wilderness areas within the 
     boundary of Denali National Park within, along, or near the 
     approximately 7-mile segment of the George Parks Highway that 
     runs through the Park; and
       (2) any distribution and transmission pipelines and 
     appurtenances that the Secretary determines to be necessary 
     to provide natural gas supply to the Park.
       (c) Terms and Conditions.--A permit authorized under 
     subsection (b)--
       (1) may be issued only--
       (A) if the permit is consistent with the laws (including 
     regulations) generally applicable to utility rights-of-way 
     within units of the National Park System;
       (B) in accordance with section 1106(a) of the Alaska 
     National Interest Lands Conservation Act (16 U.S.C. 3166(a)); 
     and
       (C) if, following an appropriate analysis prepared in 
     compliance with the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), the route of the right-of-way is 
     the route through the Park with the least adverse 
     environmental effects for the Park; and
       (2) shall be subject to such terms and conditions as the 
     Secretary determines to be necessary.
                                 ______