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Title II — The Alaska Outer Continental Shelf Lease Sale Act

S. 2011 · 114th Congress · Sep 9, 2015 · Lineage

II The Alaska Outer Continental Shelf Lease Sale Act

Sec. 201 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 the schedule of lease sales in the Proposed Final Outer Continental Shelf Oil & Gas Leasing Program (2017–2022), the Secretary shall conduct under the Outer Continental Shelf Lands 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. 202 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. 203 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 subsections (b) and (c), all rentals,”

(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 2016–2026—For each of fiscal years 2016 through 2026, 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 402 of the Offshore Production and Energizing National Security Act of 2015.

“(3) Subsequent fiscal years—For fiscal year 2027 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 402 of the Offshore Production and Energizing National Security Act of 2015; 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. 204 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 leasing program for fiscal years 2023 through 2027, 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. 205 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,”.