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H.R.4805
National Energy Security Act of 2000 (Introduced in the
House)
SEC. 415. FINDINGS.
The Congress makes the following findings:
(1) Prior to permanent closure of the geologic repository in Yucca Mountain,
Congress must determine whether the spent fuel in the repository should be treated as
waste subject to permanent burial or should be considered an energy resource
that is needed to meet future energy requirements.
(2) Future use of nuclear
energy may require construction of a second geologic repository unless Yucca Mountain can
safely accommodate additional spent fuel. Improved spent fuel strategies may
increase the capacity of Yucca Mountain.
(3) Prior to construction of any second permanent geologic repository , the nation's current
plans for permanent burial of spent fuel should be reevaluated.
SEC. 416. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.
(a) ESTABLISHMENT- There is established an Office of Spent Nuclear Fuel Research (referred to as
the `Office' in this section) within the Office of Nuclear Energy Science and Technology
of the Department of Energy. The Office shall be headed by the Associate
Director of the Office of Nuclear Energy Science and Technology,
who shall be a member of the Senior Executive Service appointed by the
Director of the Office of Nuclear Energy Science and Technology
and compensated at a rate determined by applicable law.
(b) ASSOCIATE DIRECTOR- The Associate Director of the Office of Spent
Nuclear Fuel Research shall be
responsible for carrying out an integrated research, development, and
demonstration program on technologies for treatment, recycling, and disposal
of high-level nuclear
radioactive waste and spent nuclear fuel, subject to the general
supervision of the Secretary of Energy. The Associate Director of the Office
shall report to the Director of the Office of Nuclear Energy Science and Technology.
The first such Associate Director shall be appointed within 90 days of the
date of enactment of this Act.
(c) GRANT AND CONTRACT AUTHORITY- In carrying out the Secretary's
responsibilities under this section, the Secretary may make grants or enter
into contracts for the purposes of the research projects and activities
described in subsection (d)(2).
(d)(1) DUTIES- The Associate Director of the Office shall involve national
laboratories, universities, the commercial nuclear industry, and other
organizations to investigate technologies for the treatment, recycling, and
disposal of spent nuclear fuel
and high-level radioactive waste.
(2) The Associate Director of the Office shall:
(A) develop a research plan to provide recommendations by 2015 for the
treatment, recycling, and disposal of spent nuclear fuel and high-level
radioactive waste;
(B) identify technologies for the treatment, recycling, and disposal of
spent nuclear fuel and
high-level radioactive waste;
(C) conduct research and development activities on such
technologies;
(D) ensure that all activities include as key objectives minimization of
proliferation concerns and risk to health of the general public or site
workers, as well as development of cost-effective technologies;
(E) require research on both reactor- and accelerator-based
transmutation systems;
(F) require research on advanced processing and separations;
(G) encourage that research efforts include participation of
international collaborators;
(H) be authorized to fund international collaborators when they bring
unique capabilities not available in the United States and their host
country is unable to provide for their support;
(I) ensure that research efforts with the Office are coordinated with
research on advance fuel cycles and reactors conducted within the Office of
Nuclear Energy Science and
Technology.
(e) REPORT- The Associate Director of the Office of Spent Nuclear Fuel Research shall annually
prepare and submit a report to the Congress on the activities and expenditures
of the Office, including the process that has been made to achieve the
objectives of subsection (d)(2).
Subtitle D--Coal Resources
SEC. 420. COAL GENERATING CAPACITY.
The Secretary of Energy shall examine existing coal-fired power plants and
submit a report to the Congress within six months from the enactment of this
Act on the potential of such plants for increased generation and any
impediments to achieving such increase. The report shall describe, in detail,
options for improving the efficiency of these plants. The report shall include
recommendations for a program of research, development, demonstration, and
commercial application to develop economically and environmentally acceptable
advanced technologies for current electricity generation facilities using coal
as the primary feedstock, including commercial-scale applications of advanced
clean coal technologies. The report shall also include an assessment of the
costs to develop and demonstrate such technologies and the time required to
undertake such development and demonstration.
SEC. 425. COAL LIQUEFACTION.
The Secretary of Energy shall provide grants for the refinement and
demonstration of new technologies for the conversion of coal to liquids. Such
grants shall be for the design and construction of an indirect liquefaction
plant capable of production in commercial quantities. There are authorized to
be appropriated for the purpose of this section such sums as may be necessary
through fiscal year 2004 facilities be sited or modified so as to avoid
unnecessary duplication of roads and pipelines. The regulations issued as
required by section 504 of this title shall include provisions granting
rights-of-way and easements across the Coastal Plain.
TITLE V--IMPROVEMENTS TO FEDERAL OIL AND GAS LEASE
MANAGEMENT
SEC. 501. TITLE.
This title may be cited as the `Federal Oil and Gas Lease Management
Improvement Act of 2000'.
SEC. 502. DEFINITIONS.
(1) APPLICATION FOR A PERMIT TO DRILL- The term `application for a
permit to drill' means a drilling plan including design, mechanical, and
engineering aspects for drilling a well.
(A) IN GENERAL- The term `Federal land' means all land and interests
in land owned by the United States that are subject to the mineral leasing
laws, including mineral resources or mineral estates reserved to the
United States in the conveyance of a surface or nonmineral
estate.
(B) EXCLUSION- The term `Federal land' does not include--
(i) Indian land (as defined in section 3 of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1702)); or
(ii) submerged land on the outer Continental Shelf (as defined in
section 2 of the Outer Continental Shelf Lands Act (43 U.S.C.
1331)).
(3) OIL AND GAS CONSERVATION AUTHORITY- The term `oil and gas
conservation authority' means the agency or agencies in each State
responsible for regulating for conservation purposes operations to explore
for and produce oil and natural gas.
(4) PROJECT- The term `project' means an activity by a lessee, an
operator, or an operating rights owner to explore for, develop, produce, or
transport oil or gas resources.
(5) SECRETARY- The term `Secretary' means--
(A) the Secretary of the Interior, with respect to land under the
administrative jurisdiction of the Department of the Interior;
and
(B) the Secretary of Agriculture, with respect to land under the
administrative jurisdiction of the Department of Agriculture.
(6) SURFACE USE PLAN OF OPERATIONS- The term `surface use plan of
operations' means a plan for surface use, disturbance, and
reclamation.
SEC. 503. NO PROPERTY RIGHT.
Nothing in this title gives a State a property right or interest in any
Federal lease or land.
Subtitle A--State Option To Regulate Oil and Gas Lease Operations on
Federal Land
SEC. 510. TRANSFER OF AUTHORITY.
(a) NOTIFICATION- On or after the date that is 180 days after the date of
enactment of this Act, a State may notify the Secretary of its intent to
accept authority for regulation of operations, as described in subparagraphs
(A) through (K) of subsection (b)(2), under oil and gas leases on Federal land
within the State.
(b) TRANSFER OF AUTHORITY-
(1) IN GENERAL- Effective 180 days after the Secretary receives the
State's notice, authority for
the regulation of oil and gas leasing operations is transferred from the
Secretary to the State.
(2) AUTHORITY INCLUDED- The authority transferred under paragraph (1)
includes--
(A) processing and approving applications for permits to drill,
subject to surface use agreements and other terms and conditions
determined by the Secretary;
(B) production operations;
(G) conversion of a producing well to a water well;
(H) well abandonment procedures;
(J) enforcement activities; and
(c) RETAINED AUTHORITY- The Secretary shall--
(1) retain authority over the issuance of leases and the approval of
surface use plans of operations and project-level environmental analyses;
and
(2) spend appropriated funds to ensure that timely decisions are made
respecting oil and gas leasing, taking into consideration multiple uses of
Federal land, socioeconomic and environmental impacts, and the results of
consultations with State and local government officials.
SEC. 511. ACTIVITY FOLLOWING TRANSFER OF AUTHORITY.
(a) FEDERAL AGENCIES- Following the transfer of authority, no Federal
agency shall exercise the authority formerly held by the Secretary as to oil
and gas lease operations and related operations on Federal land.
(1) IN GENERAL- Following the transfer of authority, each State shall
enforce its own oil and gas conservation laws and requirements pertaining to
transferred oil and gas lease operations and related operations with due
regard to the national interest in the expedited, environmentally sound
development of oil and gas resources in a manner consistent with oil and gas
conservation principles.
(2) APPEALS- Following a transfer of authority under section 510, an
appeal of any decision made by a State oil and gas conservation authority
shall be made in accordance with State administrative procedures.
(c) PENDING ENFORCEMENT ACTIONS- The Secretary may continue to enforce any
pending actions respecting acts committed before the date on which authority
is transferred to a State under section 510 until those proceedings are
concluded.
(d) PENDING APPLICATIONS-
(1) TRANSFER TO STATE- All applications respecting oil and gas lease
operations and related operations on Federal land pending before the
Secretary on the date on which authority is transferred under section 510
shall be immediately transferred to the oil and gas conservation authority
of the State in which the lease is located.
(2) ACTION BY THE STATE- The oil and gas conservation authority shall
act on the application in accordance with State laws (including regulations)
and requirements.
Subtitle B--Use of Cost Savings From State Regulation
SEC. 521. COMPENSATION FOR COSTS.
(a) IN GENERAL- Subject to the availability of appropriations, the
Secretary shall compensate any State for costs incurred to carry out the
authorities transferred under section 510.
(b) PAYMENT SCHEDULE- Payments shall be made not less frequently than
every quarter.
(c) COST BREAKDOWN REPORT- Each State seeking compensation shall report to
the Secretary a cost breakdown for the authorities transferred.
(d) LIMITATION ON AMOUNT-
(1) IN GENERAL- Compensation to a State may not exceed 50 percent of the
Secretary's allocated cost for oil and gas leasing activities under section
35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)) for the State for fiscal
year 1997.
(2) ADJUSTMENT- The Secretary shall adjust the maximum level of cost
compensation at least once every 2 years to reflect any increases in the
Consumer Price Index (all items, United States city average) as prepared by
the Department of Labor, using 1997 as the baseline year.
SEC. 522. EXCLUSION OF COSTS OF PREPARING PLANNING DOCUMENTS AND
ANALYSES.
Section 35 of the Mineral Leasing Act (30 U.S.C. 191(b)) is amended by
adding at the end the following:
`(6) The Secretary shall not include, for the purpose of calculating the
deduction under paragraph (1), costs of preparing resource management planning
documents and analyses for areas in which mineral leasing is excluded or areas
in which the primary activity under review is not mineral leasing and
development.'.
SEC. 523. RECEIPT SHARING.
Section 35(b)(1) of the Mineral Leasing Act (30 U.S.C. 191(b)(1)) is
amended by striking `paid to States' and inserting `paid to States (other than
States that accept a transfer of authority under section 510 of the Federal
Oil and Gas Lease Management Act of 2000)'.
Subtitle C--Streamlining and Cost Reduction
SEC. 531. APPLICATIONS.
(a) LIMITATION ON COST RECOVERY- Notwithstanding sections 304 and 504 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734, 1764) and
section 9701 of title 31, United State Code, the Secretary shall not recover
the Secretary's costs with respect to applications and other documents
relating to oil and gas leases.
(b) COMPLETION OF PLANNING DOCUMENTS AND ANALYSES-
(1) IN GENERAL- The Secretary shall complete any resource management
planning documents and analyses not later than 90 days after receiving any
offer, application, or request for which a planning document or analysis is
required to be prepared.
(2) PREPARATION BY APPLICANT OR LESSEE- If the Secretary is unable to
complete the document or analysis within the time prescribed by
paragraph
(1), the Secretary shall notify the applicant or lessee of the opportunity to
prepare the required document or analysis for the agency's review and use in
decisionmaking.
(c) REIMBURSEMENT FOR COSTS OF NEPA ANALYSES, DOCUMENTATION, AND STUDIES-
If--
(1) adequate funding to enable the Secretary to timely prepare a
project-level analysis required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to an oil or gas lease is not
appropriated; and
(2) the lessee, operator, or operating rights owner voluntarily pays for
the cost of the required analysis, documentation, or related study;
the Secretary shall reimburse the lessee, operator, or operating rights
owner for its costs through royalty credits attributable to the lease, unit
agreement, or project area.
SEC. 532. TIMELY ISSUANCE OF DECISIONS.
(a) IN GENERAL- The Secretary shall ensure the timely issuance of Federal
agency decisions respecting oil and gas leasing and operations on Federal
land.
(1) DEADLINE- The Secretary shall accept or reject an offer to lease not
later than 90 days after the filing of the offer.
(2) FAILURE TO MEET DEADLINE- If an offer is not acted upon within that
time, the offer is deemed to have been accepted.
(c) APPLICATION FOR PERMIT TO DRILL-
(1) DEADLINE- The Secretary and a State that has accepted a transfer of
authority under section 510 shall approve or disapprove an application for
permit to drill not later than 30 days after receiving a complete
application.
(2) FAILURE TO MEET DEADLINE- If the application is not acted on within
the time prescribed by paragraph (1), the application is deemed to have been
approved.
(d) SURFACE USE PLAN OF OPERATIONS- The Secretary shall approve or
disapprove a surface use plan of operations not later than 30 days after
receipt of a complete plan.
(e) ADMINISTRATIVE APPEALS-
(1) DEADLINE- From the time that a Federal oil and gas lessee or
operator files a notice of administrative appeal of a decision or order of
an officer or employee of the Department of the Interior or the Forest
Service respecting a Federal oil and gas Federal lease, the Secretary shall
have 2 years in which to issue a final decision in the appeal.
(2) FAILURE TO MEET DEADLINE- If no final decision has been issued
within the time prescribed by paragraph (1), the appeal is deemed to have
been granted.
SEC. 533. ELIMINATION OF UNWARRANTED DENIALS AND STAYS.
(a) IN GENERAL- The Secretary shall ensure that unwarranted denials and
stays of lease issuance and unwarranted restrictions on lease operations are
eliminated from the administration of oil and gas leasing on Federal land.
(b) LAND DESIGNATED FOR MULTIPLE USE-
(1) IN GENERAL- Land designated as available for multiple use under
Bureau of Land Management resource management plans and Forest Service
leasing analyses shall be available for oil and gas leasing without lease
stipulations more stringent than restrictions on surface use and operations
imposed under the laws (including regulations) of the State in which the
lands are located unless the Secretary includes in the decision approving
the management plan or leasing analysis a written explanation why more
stringent stipulations are warranted.
(2) APPEAL- Any decision to require a more stringent stipulation shall
be administratively appealable and, following a final agency decision, shall
be subject to judicial review.
(c) REJECTION OF OFFER TO LEASE-
(1) IN GENERAL- If the Secretary rejects an offer to lease on the ground
that the land is unavailable for leasing, the Secretary shall provide a
written, detailed explanation of the reasons the land is unavailable for
leasing.
(2) PREVIOUS RESOURCE MANAGEMENT DECISION- If the determination of
unavailability is based on a previous resource management decision, the
explanation shall include a careful assessment of whether the reasons
underlying the previous decision are still persuasive.
(3) SEGREGATION OF AVAILABLE LAND FROM UNAVAILABLE LAND- The Secretary
may not reject an offer to lease land available for leasing on the ground
that the offer includes land unavailable for leasing, and the Secretary
shall
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