Library / Laws / 113th / s / S. 199 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 199
IN THE SENATE OF THE UNITED STATES
January 31, 2013
Mr. Begich introduced
the following bill; which was read twice and referred to the
Committee on Energy and Natural
Resources
A BILL
To amend the Outer Continental Shelf Lands Act to require
that oil produced from Federal leases in certain Arctic waters be transported
by pipeline to onshore facilities and to provide for the sharing of certain
outer Continental Shelf revenues from areas in the Alaska Adjacent
Zone.
1.
Short
title
This Act may be cited as
the Alaska Adjacent Zone Safe Oil
Transport and Revenue Sharing Act.
2.
Production of
oil from certain arctic offshore leases
Section 5 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1334) is amended by adding at the end the
following:
(k)
Oil
transportation in arctic waters
The Secretary shall—
(1) require that oil
produced from Federal leases in Arctic waters in the Chukchi Sea planning area,
Beaufort Sea planning area, or Hope Basin planning area be transported by
pipeline to onshore facilities; and
(2) provide for, and
issue appropriate permits for, the transportation of oil from Federal leases in
Arctic waters in preproduction phases (including exploration) by means other
than
pipeline.
.
3.
Revenue sharing
from areas in Alaska Adjacent zone
Section 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344) is amended by adding at the end the
following:
(i)
Revenue Sharing
From Areas in Alaska Adjacent Zone
(1)
Definitions
In
this subsection:
(A)
Coastal
political subdivision
The term coastal political
subdivision means a county-equivalent subdivision of the State all or
part of which—
(i) lies within the
coastal zone (as defined in section 304 of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453)); and
(ii) the closest
point of which is not more than 300 statute miles from the geographical center
of any leased tract.
(B)
Distance
The
term distance means minimum great circle distance.
(C)
Indian
tribe
The term Indian tribe means an Alaska Native
entity recognized and eligible to receive services from the Bureau of Indian
Affairs, the headquarters of which is located within 300 miles of the
geographical center of a leased tract.
(D)
Leased
tract
The term leased tract means a tract leased
under this Act for the purpose of drilling for, developing, and producing oil
or natural gas resources.
(E)
Renewable
energy
The term renewable energy means solar, wind,
ocean, current, wave, tidal, or geothermal energy.
(F)
State
The
term State means the State of Alaska.
(2)
Revenue
sharing
Subject to paragraphs (3), (4), and (5), effective
beginning on the date of enactment of this subsection, the State shall, without
further appropriation or action, receive 37.5 percent of all revenues derived
from all rentals, royalties, bonus bids, and other sums due and payable to the
United States from energy development in any area of the Alaska Adjacent Zone,
including from all sources of renewable energy leased, developed, or produced
in any area in the Alaska Adjacent Zone.
(3)
Allocation
among coastal political subdivisions of the State
(A)
In
general
The Secretary shall pay 25 percent of any allocable share
of the State, as determined under paragraph (2), directly to coastal political
subdivisions.
(B)
Allocation
(i)
In
general
For each leased tract used to calculate the allocation of
the State, the Secretary shall pay the coastal political subdivisions within
300 miles of the geographical center of the leased tract based on the relative
distance of the coastal political subdivisions from the leased tract in
accordance with this subparagraph.
(ii)
Distances
For
each coastal political subdivision, the Secretary shall determine the distance
between the point on the coastal political subdivision coastline closest to the
geographical center of the leased tract and the geographical center of the
tract.
(iii)
Payments
The
Secretary shall divide and allocate the qualified outer Continental Shelf
revenues derived from the leased tract among coastal political subdivisions in
amounts that are inversely proportional to the applicable distances determined
under clause (ii).
(4)
Allocation
among Regional Corporations
(A)
In
general
The Secretary shall pay 25 percent of any allocable share
of the State, as determined under this subsection, directly to certain Regional
Corporations established under section 7(a) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(a)).
(B)
Allocation
(i)
In
general
For each leased tract used to calculate the allocation of
the State, the Secretary shall pay the Regional Corporations, after determining
those Native villages within the region of the Regional Corporation which are
within 300 miles of the geographical center of the leased tract based on the
relative distance of such villages from the leased tract, in accordance with
this paragraph.
(ii)
Distances
For
each such village, the Secretary shall determine the distance between the point
in the village closest to the geographical center of the leased tract and the
geographical center of the tract.
(iii)
Payments
The
Secretary shall divide and allocate the qualified outer Continental Shelf
revenues derived from the leased tract among the qualifying Regional
Corporations in amounts that are inversely proportional to the distances of all
of the Native villages within each qualifying region.
(iv)
Revenues
All
revenues received by each Regional Corporation under clause (iii) shall
be—
(I) treated by the
Regional Corporation as revenue subject to the distribution requirements of
section 7(i)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C.
1606(i)(1)(A)); and
(II) divided annually
by the Regional Corporation among all 12 Regional Corporations in accordance
with section 7(i) of that Act.
(v)
Further
distribution to village corporations
A Regional Corporation
receiving revenues under clause (iii) or (iv)(II) shall further distribute 50
percent of the revenues received to the Village Corporations in the region and
the class of stockholders who are not residents of those villages in accordance
with section 7(j) of that Act (43 U.S.C. 1606(j)).
(5)
Allocation
among Indian tribes
(A)
In
general
The Secretary shall pay 10 percent of any allocable share
of the State, as determined under this subsection, directly to Indian
tribes.
(B)
Allocation
(i)
In
general
For each leased tract used to calculate the allocation of
the State, the Secretary shall pay Indian tribes based on the relative distance
of the headquarters of the Indian tribes from the leased tract, in accordance
with this subparagraph.
(ii)
Distances
For
each Indian tribe, the Secretary shall determine the distance between the
location of the headquarters of the Indian tribe and the geographical center of
the tract.
(iii)
Payments
The
Secretary shall divide and allocate the qualified outer Continental Shelf
revenues derived from the leased tract among the Indian tribes in amounts that
are inversely proportional to the distances described in clause (ii).
(6)
Conservation
royalty
After making distributions under paragraph (2) and
section 31, the Secretary shall, without further appropriation or action,
distribute a conservation royalty equal to 15 percent of Federal royalty
revenues derived from an area leased under this subsection from all areas
leased under this subsection for any year, into the land and water conservation
fund established under section 2 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–5) to provide financial assistance to States under
section 6 of that Act (16 U.S.C. 460l–8).
(7)
Deficit
reduction
After making distributions in accordance with paragraph
(2) and in accordance with section 31, the Secretary shall, without further
appropriation or action, distribute an amount equal to 7.5 percent of Federal
royalty revenues derived from an area leased under this subsection from all
areas leased under this subsection for any year, into direct Federal deficit
reduction.
.
4.
Imposition of
excise tax on bitumen transported into the United States
(a)
In
general
Subsection (a) of
section 4612 of the Internal Revenue Code of 1986 is amended—
(1) in paragraph (1),
by striking and natural gasoline and inserting , natural
gasoline, and bitumen, and
(2) by inserting at
the end the following new paragraph:
(10)
Bitumen
The
term bitumen includes diluted bitumen, bituminous mixtures, or any
oil manufactured from bitumen or a bituminous
mixture.
.
(b)
Effective
date
The amendments made by this section shall apply to oil and
petroleum products received or entered after December 31, 2013.