H.R.4761 - Deep Ocean Energy Resources Act of 2006109th Congress (2005-2006)
Summary: H.R.4761 — 109th Congress (2005-2006)
Passed House amended (06/29/2006)
Deep Ocean Energy Resources Act of 2006 - (Sec. 4) Amends the Outer Continental Shelf Lands Act (OCSLA) to revise the determination of adjacent zones and planning areas in the subsoil and seabed of the outer Continental Shelf (OCS).
(Sec. 5) Prescribes or revises guidelines for: (1) natural gas lease administration; (2) lease grants; (3) treatment of lease receipts from tracts within 100 miles of the Coastline and from tracts beyond 100 miles of the Coastline; and (4) allocations to adjacent or producing states and coastal municipal political subdivisions.
(Sec. 7) Prescribes requirements for receipts sharing from tracts within within or beyond 100 miles from any coastline.
Authorizes the use of shared funds for any purpose as determined by state law, including: (1) reduction of instate college tuition; (2) transportation infrastructure improvements; (3) tax reduction; (4) coastal or environmental restoration; (5) improvement of infrastructure associated with OCS energy production activities; (6) funding of energy demonstration projects and supporting infrastructure for energy projects; and (7) matching funds for other federal programs.
Declares that no state or local government recipient of funds shall be required to account to the federal government for their expenditure, unless otherwise provided by law.
(Sec. 8) Authorizes the President to revise or revoke for a ten-year term any prior withdrawal made by the President.
Prohibits the President from: (1) revising or revoking a withdrawal that is extended by a state; or (2) withdrawing from leasing any area for which a state failed to prohibit, or petition to prohibit, leasing.
Declares that not more than 25% of the acreage of any OCS Planning Area may be withdrawn from leasing in the area of the Outer Continental Shelf more than 100 miles from any coastline.
Prohibits the Secretary from offering, without state request, leases for oil, gas, or natural gas on any area within 50 miles of the coastline that was withdrawn under a certain Memorandum from disposition by leasing in the Atlantic OCS Region, the Pacific OCS Region, or the Gulf of Mexico OCS Region Eastern Planning Area (as depicted on specified maps), or any such area that was not withdrawn under such Memorandum within the Gulf of Mexico OCS Region Eastern Planning Area or within the Florida Straits Planning Area.
Instructs the Secretary to offer for leasing any area between 50 and 100 miles from the coastline that was withdrawn under such Memorandum from disposition by leasing in the Atlantic OCS Region, the Pacific OCS Region, or the Gulf of Mexico OCS Region Eastern Planning Area, as depicted on specified maps, unless an adjacent state petitions for leasing natural gas, oil, or gas by specified deadlines. Requires leasing offers in any areas in that range that were not withdrawn under such Memorandum within the Gulf of Mexico OCS Region Eastern Planning Area or within the Florida Straits Planning Area.
Prescribes procedural guidelines for states to petition for leasing in the Adjacent Zone (that is, to opt out of any withdrawals).
Directs the Secretary to amend the current Five-Year OCS Oil and Gas Leasing Program to include lease sales for at least 75% of the associated areas.
Prescribes requirements for state extensions of the withdrawal from leasing within certain OCS areas.
Prohibits the offer for oil or natural gas leasing of any OCS area located in the Gulf of Mexico east of a specified military mission line.
(Sec. 9) Amends the OCS leasing program to require the Secretary, in each five-year program, to include lease sales that, when viewed as a whole, propose to offer at least 75% of the available unleased acreage within each OCS Planning Area for oil, gas or natural gas leasing.
Directs the Secretary to: (1) provide to each adjacent state a current estimate of proven and potential oil and gas resources located within its adjacent zone; and (2) provide to each such state and its coastal political subdivisions a best-efforts projection of the OCS receipts that the Secretary expects will be shared with them.
(Sec. 10) Prohibits a federal agency from permitting, without the concurrence of the adjacent state, the construction of a crude oil or petroleum products pipeline within the part of the adjacent state's adjacent zone that is withdrawn from oil and gas or natural gas leasing, unless at least 50% of the production projected to be carried by the pipeline within its first 10 years of operation is from areas of the adjacent state's adjacent zone.
Prohibits a state from denying within its adjacent zone or its state waters construction of a natural gas pipeline that will transport OCS natural gas. Permits, however, an adjacent state to prevent a proposed natural gas pipeline landing location if it proposes two alternate landing locations in the adjacent state, acceptable to the adjacent state, and located within 50 miles on either side of the proposed landing location.
(Sec. 11) Declares that, for all programs, lease sales, leases, and actions subject to the National Environmental Policy Act of 1969, lease suspensions and all preliminary activities on OCS tracks are excluded categorically from the need to prepare environmental assessments or environmental impact statements (EIS's). Exempts from further environmental analysis the EIS developed in support of each five-year oil and gas leasing program. Exempts exploration plans from any requirement to prepare an EIS. Limits development and production plans to one EIS every 10 years and environmental assessments only within any 10-year period.
(Sec. 13) Federal Energy Natural Resources Enhancement Act of 2006 - Establishes the Federal Energy Natural Resources Enhancement Program for the monitoring and management of wildlife and fish, and air, water, and other natural resources related to energy and minerals development on federal lands, onshore and offshore.
Authorizes appropriations for FY2007-FY2017.
Requires annual payments of one-third of Program appropriations to the Secretary, and the availability of the other two-thirds to the states, to secure the necessary trained workforce or contractual services to conduct environmental studies, planning, development, monitoring, and post-development management of wildlife and fish and air, water, and other natural resources that may be related to biobased fuel, gas, mineral, oil, wind, or other energy exploration, development, transportation, transmission, and associated activities on federal onshore and offshore lands.
(Sec. 14) Declares without force or effect all provisions of existing federal law that prohibit spending appropriated funds for OCS oil and natural gas leasing and preleasing.
(Sec. 15) Prohibits a federal agency from permitting certain activities on federal OCS or in state waters that are incompatible with either oil or natural gas leasing and substantially full exploration and production of tracts that are geologically prospective for oil or natural gas.
(Sec. 16) Requires the Secretary to repurchase and cancel any qualified federal oil and gas, geothermal, coal, oil shale, tar sands, or other mineral lease, whether onshore or offshore (but excluding OCS oil and gas leases subject to litigation in the Court of Federal Claims on January 1, 2006). Directs the Secretary to publish a final regulation stating the conditions qualifying a lease for repurchase and cancellation, including lessee request after failure to obtain permit approval for specified reasons.
(Sec. 17) Requires the Secretary to accept proposed offsite mitigation measures if the Secretary finds that they generally achieve the purposes for which mitigation measures appertained.
(Sec. 18) Redesignates the Minerals Management Service as the National Ocean Resources and Royalty Service.
(Sec. 19) Rigs to Reefs Act of 2006 - Amends the OCSLA to prescribe requirements for the use of decommissioned offshore oil and gas platforms for an artificial reef, scientific research, or any other use authorized for leases, easements, or rights-of-way for energy and related purposes.
Directs the Secretary to study and report to Congress regarding how removal of offshore oil and gas platforms and other facilities from the OCS would affect existing fish stocks and coral populations.
(Sec. 20) Amends the Energy Policy Act of 2005 to repeal the requirement for a comprehensive inventory of OCS oil and natural gas resources.
(Sec. 21) Redesignates Public Law 98-409 (also known as the Mining and Mineral Resource Institutes Act of 1984) as the Energy and Mineral Schools Reinvestment Act (Act).
Directs the Secretary to provide funds to historic and existing state-chartered recognized petroleum or mining schools to assist programs in petroleum, mining, and mineral engineering education and research.
Establishes the Office of Petroleum and Mining Schools (Office) to administer the Act.
Directs the Secretary to appoint a Committee on Petroleum, Mining, and Mineral Engineering and Energy and Mineral Resource Education to advise the Secretary.
Authorizes grants to schools or institutions of higher learning for career technical education.
Establishes a Physical Science, Engineering, and Technology Scholarship Program to provide financial assistance for education in physical sciences, engineering, and industrial technology, and disciplines both critical to the functions of the Department of the Interior and needed in its workforce.
Requires the Secretary to award a certain percentage of scholarships to persons enrolled in Minority Serving Higher Education Institutions.
Directs the Secretary to require the director of each bureau and office to foster the participation of Minority Serving Higher Education Institutions in any regulatory, land management, science, engineering or industrial technology activity, or any engineering activity carried out by the Department.
Requires a period of obligated service from financial assistance recipients.
Directs the Secretary of Energy to implement a grants award program for institutions of higher education on the basis of competitive, merit-based review to: (1) conduct research on advanced energy technologies with the potential to transform domestic energy systems; and (2) grant graduate traineeships to Ph.D. students who are U.S. citizens to carry out research on advanced energy technologies.
Authorizes appropriations for FY2007-FY2017.
(Sec. 22) Prohibits the Secretary from charging fees applicable to actions on federal onshore and offshore oil, gas, coal, geothermal, and other mineral leases, including transportation of any production from such leases, if the fees were not established in final regulations prior to the date of lease issuance.
(Sec. 23) Locates the headquarters for the Gulf of Mexico Region permanently within the state of Louisiana within 25 miles of the center of Jackson Square, New Orleans, Louisiana.
Requires the Secretary to establish the headquarters for the Atlantic OCS Region and the headquarters for the Pacific OCS Region within a state bordering those Regions that petitions by January 1, 2008, for oil and gas or natural gas leasing covering at least 40% of the area of its Adjacent Zone within 100 miles of the coastline.
Requires such Atlantic and Pacific OCS Regions headquarters to be located within 25 miles of the coastline.
(Sec. 24) National Geo Fund Act of 2006 - Provides for the management of geologic programs and mapping, geophysical and seismic studies, seismic monitoring programs, and the preservation and use of geologic and geophysical data, geothermal and geopressure energy resource management, unconventional energy resources management, and renewable energy management associated with ocean wave, current, and thermal resources.
Directs the Secretary to establish a program for production of: (1) fuels from strategic unconventional resources; and (2) oil and gas resources using CO2 enhanced recovery. Specifies mandatory pilot projects in Texas, Colorado, Utah, Wyoming, Alabama, Mississippi, Tennessee, and the Ohio River valley.
Directs the Secretary to identify and report to congress on incentives to foster recovery of unconventional fuels by private industry within the United States, including long-term contracts for the purchase of unconventional fuels for defense purposes, federal grants and loan guarantees for capital expenditures, and favorable terms for leasing government lands containing unconventional resources.
Authorizes appropriations for FY2007-FY2011.
Directs the Secretary to implement a grant program in support of geothermal and geopressure oil and gas energy production, including organic rankine cycle systems.
Authorizes appropriations for FY2007-FY2011.
Amends the Geothermal Steam Act of 1970 to permit certain leaseholders and unit plan operators to utilize geothermal resources co-produced with the minerals for which the lease was issued in order to generate electricity to operate the lease.
Directs the Secretary to establish a grant program: (1) for facilities for coal-to-liquids, petroleum coke-to-liquids, oil shale, tar sands, heavy oil, and Alaska natural gas-to-liquids; and (2) to assess the production of low-rank coal water fuel.
Authorizes appropriations for FY2007-FY2013.
Directs the Secretary to establish a grant program for the production of renewable energy from ocean waves, currents, and thermal resources.
Authorizes appropriations for FY2007-FY2011.
(Sec. 25) Grants the lessee of an existing oil and gas lease located completely within 100 miles of the coastline within the California or Florida Adjacent Zones the option, without compensation, of exchanging such lease for a new oil and gas lease having a primary term of five years.
Authorizes lessee to select any unleased tract on the OCS that is in an area available for leasing.
Authorizes such a lessee, upon state permission, to convert its existing oil and gas lease into a natural gas lease having a primary term of five years and covering the same area as the existing lease or another area within the same state's Adjacent Zone within 100 miles of the coastline.
(Sec. 26) Amends OCSLA to repeal the coastal impact assistance program.
(Sec. 27) Amends the Energy Policy Act of 2005 to repeal the requirement for payments for oil shale and tar sands leases.
Amends the Mineral Leasing Act to prescribe requirements for: (1) treatment of revenues received from an oil shale or tar sands lease; and (2) their allocation to states and local political subdivisions.
(Sec. 28) Amends OCSLA to make OCS receipts available for payments under the Secure Rural Schools and Community Self-Determination Act of 2000 (SRSCSA).
Conditions the availability of such receipts for a fiscal year on reauthorization of SRSCSA title I, and extension of the authority to initiate projects under SRSCSA titles II and III, through at least that fiscal year.
(Sec. 29) Expresses the intention of Congress that this Act result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America's workforce to assist in the development of affordable energy from the OCS.
States that Congress intends to monitor the deployment of personnel and material in the OCS to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.
Amends the OCSLA to declare that documentary, registry, and manning regulations issued by the Secretary of the Department in which the Coast Guard is operating shall be supplemental and complimentary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the OCS subsoil and seabed under the OCSLA, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim.
(Sec. 30) Amends OCSLA to allocate specified OCS Receipts to the Secretary of the Treasury to make payments to the Washington Metropolitan Area Transit Authority (WMATA) to finance capital and preventive maintenance projects included in a certain WMATA Capital Improvement Program.