Text: S.395 — 104th Congress (1995-1996)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 104-58 (11/28/1995)

 
[104th Congress Public Law 58]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ58.104]


[[Page 109 STAT. 557]]

Public Law 104-58
104th Congress

                                 An Act


 
To authorize and direct the Secretary of Energy to sell the Alaska Power 
Administration, and to authorize the export of Alaska North Slope crude 
    oil, and for other purposes. <<NOTE: Nov. 28, 1995 -  [S. 395]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

 TITLE I <<NOTE: Alaska Power Administration Asset Sale and Termination 
 Act. 42 USC 7152 note.>> --ALASKA POWER ADMINISTRATION ASSET SALE AND 
TERMINATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Alaska Power Administration Asset 
Sale and Termination Act''.

SEC. 102. DEFINITIONS.

    For purposes of this title:
            (1) The term ``Eklutna'' means the Eklutna Hydroelectric 
        Project and related assets as described in section 4 and Exhibit 
        A of the Eklutna Purchase Agreement.
            (2) The term ``Eklutna Purchase Agreement'' means the August 
        2, 1989, Eklutna Purchase Agreement between the Alaska Power 
        Administration of the Department of Energy and the Eklutna 
        Purchasers, together with any amendments thereto adopted before 
        the enactment of this section.
            (3) The term ``Eklutna Purchasers'' means the Municipality 
        of Anchorage doing business as Municipal Light and Power, the 
        Chugach Electric Association, Inc. and the Matanuska Electric 
        Association, Inc.
            (4) The term ``Snettisham'' means the Snettisham 
        Hydroelectric Project and related assets as described in section 
        4 and Exhibit A of the Snettisham Purchase Agreement.
            (5) The term ``Snettisham Purchase Agreement'' means the 
        February 10, 1989, Snettisham Purchase Agreement between the 
        Alaska Power Administration of the Department of Energy and the 
        Alaska Power Authority and its successors in interest, together 
        with any amendments thereto adopted before the enactment of this 
        section.
            (6) The term ``Snettisham Purchaser'' means the Alaska 
        Industrial Development and Export Authority or a successor State 
        agency or authority.

[[Page 109 STAT. 558]]

SEC. 103. SALE OF EKLUTNA AND SNETTISHAM HYDROELECTRIC PROJECTS.

    (a) Sale of Eklutna.--The Secretary of Energy is authorized and 
directed to sell Eklutna to the Eklutna Purchasers in accordance with 
the terms of this Act and the Eklutna Purchase Agreement.
    (b) Sale of Snettisham.--The Secretary of Energy is authorized and 
directed to sell Snettisham to the Snettisham Purchaser in accordance 
with the terms of this Act and the Snettisham Purchase Agreement.
    (c) Cooperation of Other Agencies.--The heads of other Federal 
departments, agencies, and instrumentalities of the United States shall 
assist the Secretary of Energy in implementing the sales and conveyances 
authorized and directed by this title.
    (d) Proceeds.--Proceeds from the sales required by this title shall 
be deposited in the Treasury of the United States to the credit of 
miscellaneous receipts.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to prepare, survey, and 
acquire Eklutna and Snettisham for sale and conveyance. Such 
preparations and acquisitions shall provide sufficient title to ensure 
the beneficial use, enjoyment, and occupancy by the purchasers.
    (f) Contributed Funds.--Notwithstanding any other provision of law, 
the Alaska Power Administration is authorized to receive, administer, 
and expend such contributed funds as may be provided by the Eklutna 
Purchasers or customers or the Snettisham Purchaser or customers for the 
purposes of upgrading, improving, maintaining, or administering Eklutna 
or Snettisham. Upon the termination of the Alaska Power Administration 
under section 104(f), the Secretary of Energy shall administer and 
expend any remaining balances of such contributed funds for the purposes 
intended by the contributors.

SEC. 104. EXEMPTION AND OTHER PROVISIONS.

    (a) Federal Power Act.--(1) After the sales authorized by this Act 
occur, Eklutna and Snettisham, including future modifications, shall 
continue to be exempt from the requirements of Part I of the Federal 
Power Act (16 U.S.C. 791a et seq.), except as provided in subsection 
(b).
    (2) The exemption provided by paragraph (1) shall not affect the 
Memorandum of Agreement entered into among the State of Alaska, the 
Eklutna Purchasers, the Alaska Energy Authority, and Federal fish and 
wildlife agencies regarding the protection, mitigation of, damages to, 
and enhancement of fish and wildlife, dated August 7, 1991, which 
remains in full force and effect.
    (3) Nothing in this title or the Federal Power Act preempts the 
State of Alaska from carrying out the responsibilities and authorities 
of the Memorandum of Agreement.
    (b) Subsequent Transfers.--Except for subsequent assignment of 
interest in Eklutna by the Eklutna Purchasers to the Alaska Electric 
Generation and Transmission Cooperative Inc. pursuant to section 19 of 
the Eklutna Purchase Agreement, upon any subsequent sale or transfer of 
any portion of Eklutna or Snettisham from the Eklutna Purchasers or the 
Snettisham Purchaser to any other person, the exemption set forth in 
paragraph

[[Page 109 STAT. 559]]

(1) of subsection (a) of this section shall cease to apply to such 
portion.
    (c) Review.--(1) <<NOTE: Courts.>>  The United States District Court 
for the District of Alaska shall have jurisdiction to review decisions 
made under the Memorandum of Agreement and to enforce the provisions of 
the Memorandum of Agreement, including the remedy of specific 
performance.

    (2) An action seeking review of a Fish and Wildlife Program 
(``Program'') of the Governor of Alaska under the Memorandum of 
Agreement or challenging actions of any of the parties to the Memorandum 
of Agreement prior to the adoption of the Program shall be brought not 
later than 90 days after the date on which the Program is adopted by the 
Governor of Alaska, or be barred.
    (3) An action seeking review of implementation of the Program shall 
be brought not later than 90 days after the challenged act implementing 
the Program, or be barred.
    (d) Eklutna Lands.--With respect to Eklutna lands described in 
Exhibit A of the Eklutna Purchase Agreement:
            (1) The Secretary of the Interior shall issue rights-of-way 
        to the Alaska Power Administration for subsequent reassignment 
        to the Eklutna Purchasers--
                    (A) at no cost to the Eklutna Purchasers;
                    (B) to remain effective for a period equal to the 
                life of Eklutna as extended by improvements, repairs, 
                renewals, or replacements; and
                    (C) sufficient for the operation of, maintenance of, 
                repair to, and replacement of, and access to, Eklutna 
                facilities located on military lands and lands managed 
                by the Bureau of Land Management, including lands 
                selected by the State of Alaska.
            (2) Fee title to lands at Anchorage Substation shall be 
        transferred to Eklutna Purchasers at no additional cost if the 
        Secretary of the Interior determines that pending claims to, and 
        selections of, those lands are invalid or relinquished.
            (3) With respect to the Eklutna lands identified in 
        paragraph 1 of Exhibit A of the Eklutna Purchase Agreement, the 
        State of Alaska may select, and the Secretary of the Interior 
        shall convey to the State, improved lands under the selection 
        entitlements in section 6 of the Act of July 7, 1958 (commonly 
        referred to as the Alaska Statehood Act, Public Law 85-508; 72 
        Stat. 339), and the North Anchorage Land Agreement dated January 
        31, 1983. This conveyance shall be subject to the rights-of-way 
        provided to the Eklutna Purchasers under paragraph (1).

    (e) Snettisham Lands.--With respect to the Snettisham lands 
identified in paragraph 1 of Exhibit A of the Snettisham Purchase 
Agreement and Public Land Order No. 5108, the State of Alaska may 
select, and the Secretary of the Interior shall convey to the State of 
Alaska, improved lands under the selection entitlements in section 6 of 
the Act of July 7, 1958 (commonly referred to as the Alaska Statehood 
Act, Public Law 85-508; 72 Stat. 339).
    (f) Termination of Alaska Power Administration.--Not later than one 
year after both of the sales authorized in section 103 have occurred, as 
measured by the Transaction Dates stipulated in the Purchase Agreements, 
the Secretary of Energy shall--
            (1) complete the business of, and close out, the Alaska 
        Power Administration;

[[Page 109 STAT. 560]]

            (2) <<NOTE: Reports.>>  submit to Congress a report 
        documenting the sales; and
            (3) return unobligated balances of funds appropriated for 
        the Alaska Power Administration to the Treasury of the United 
        States.

    (g) <<NOTE: Effective dates. 48 USC 312, 312 note, 312a-312d.>>  
Repeals.--(1) The Act of July 31, 1950 (64 Stat. 382) is repealed 
effective on the date that Eklutna is conveyed to the Eklutna 
Purchasers.

    (2) Section 204 of the Flood Control Act of 1962 (76 Stat. 1193) is 
repealed effective on the date that Snettisham is conveyed to the 
Snettisham Purchaser.
    (3) The Act of August 9, 1955, concerning water resources 
investigation in Alaska (69 Stat. 618), <<NOTE: 42 USC 1962d-12--1962d-
14.>>  is repealed.

    (h) DOE Organization Act.--As of the later of the two dates 
determined in paragraphs (1) and (2) of subsection (g), section 302(a) 
of the Department of Energy Organization Act (42 U.S.C. 7152(a)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraph (C); and
                    (B) by redesignating subparagraphs (D), (E), and (F) 
                as subparagraphs (C), (D), and (E) respectively; and
            (2) in paragraph (2) by striking out ``and the Alaska Power 
        Administration'' and by inserting ``and'' after ``Southwestern 
        Power Administration,''.

    (i) Disposal.--The sales of Eklutna and Snettisham under this title 
are not considered disposal of Federal surplus property under the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484) 
or the Act of October 3, 1944, popularly referred to as the ``Surplus 
Property Act of 1944'' (50 U.S.C. App. 1622).

SEC. 105. OTHER FEDERAL HYDROELECTRIC PROJECTS.

    The provisions of this title regarding the sale of the Alaska Power 
Administration's hydroelectric projects under section 103 and the 
exemption of these projects from Part I of the Federal Power Act under 
section 104 do not apply to other Federal hydroelectric projects.

              TITLE II--EXPORTS OF ALASKAN NORTH SLOPE OIL

<<NOTE: President.>> SEC. 201. EXPORTS OF ALASKAN NORTH SLOPE OIL.

    Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by 
amending subsection (s) to read as follows:

                  ``exports of alaskan north slope oil

    ``(s)(1) Subject to paragraphs (2) through (6) of this subsection 
and notwithstanding any other provision of this Act or any other 
provision of law (including any regulation) applicable to the export of 
oil transported by pipeline over right-of-way granted pursuant to 
section 203 of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 
1652), such oil may be exported unless the President finds that 
exportation of this oil is not in the national interest. The President 
shall make his national interest determination within five months of the 
date of enactment of this subsection. In evaluat

[[Page 109 STAT. 561]]

ing whether exports of this oil are in the national interest, the 
President shall at a minimum consider--
            ``(A) whether exports of this oil would diminish the total 
        quantity or quality of petroleum available to the United States;
            ``(B) the results of an appropriate environmental review, 
        including consideration of appropriate measures to mitigate any 
        potential adverse effects of exports of this oil on the 
        environment, which shall be completed within four months of the 
        date of the enactment of this subsection; and
            ``(C) whether exports of this oil are likely to cause 
        sustained material oil supply shortages or sustained oil prices 
        significantly above world market levels that would cause 
        sustained material adverse employment effects in the United 
        States or that would cause substantial harm to consumers, 
        including noncontiguous States and Pacific territories.

If the President determines that exports of this oil are in the national 
interest, he may impose such terms and conditions (other than a volume 
limitation) as are necessary or appropriate to ensure that such exports 
are consistent with the national interest.
    ``(2) Except in the case of oil exported to a country with which the 
United States entered into a bilateral international oil supply 
agreement before November 26, 1979, or to a country pursuant to the 
International Emergency Oil Sharing Plan of the International Energy 
Agency, any oil transported by pipeline over right-of-way granted 
pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act 
(43 U.S.C. 1652) shall, when exported, be transported by a vessel 
documented under the laws of the United States and owned by a citizen of 
the United States (as determined in accordance with section 2 of the 
Shipping Act, 1916 (46 U.S.C. App. 802)).
    ``(3) Nothing in this subsection shall restrict the authority of the 
President under the Constitution, the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 
U.S.C. 1601 et seq.), or Part B of title II of the Energy Policy and 
Conservation Act (42 U.S.C. 6271-76) to prohibit exports.
    ``(4) <<NOTE: Regulations.>>  The Secretary of Commerce shall issue 
any rules necessary for implementation of the President's national 
interest determination, including any licensing requirements and 
conditions, within 30 days of the date of such determination by the 
President. The Secretary of Commerce shall consult with the Secretary of 
Energy in administering the provisions of this subsection.

    ``(5) If the Secretary of Commerce finds that exporting oil under 
authority of this subsection has caused sustained material oil supply 
shortages or sustained oil prices significantly above world market 
levels and further finds that these supply shortages or price increases 
have caused or are likely to cause sustained material adverse employment 
effects in the United States, the Secretary of Commerce, in consultation 
with the Secretary of Energy, shall recommend, and the President may 
take, appropriate action concerning exports of this oil, which may 
include modifying or revoking authority to export such oil.
    ``(6) Administrative action under this subsection is not subject to 
sections 551 and 553 through 559 of title 5, United States Code.''.

SEC. 202. GAO <<NOTE: 30 USC 185 note.>>  REPORT.

    (a) Review.--The Comptroller General of the United States shall 
conduct a review of energy production in California and Alaska and the 
effects of Alaskan North Slope oil exports, if any, on consumers, 
independent refiners, and shipbuilding and ship repair yards on the West 
Coast and in Hawaii. The Comptroller General shall commence this review 
three years after the date of enactment of this Act and, within twelve 
months after commencing the review, shall provide a report to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources and the Committee on Commerce of the House of 
Representatives.
    (b) Contents of Report.--The report shall contain a statement of the 
principal findings of the review and recommendations for Congress and 
the President to address job loss in the shipbuilding and ship repair 
industry on the West Coast, as well as adverse impacts on consumers and 
refiners on the West Coast and in Hawaii, that the Comptroller General 
attributes to Alaska North Slope oil exports.

SEC. 203. GRANT AUTHORITY.

    (a) In General.--The Secretary of Transportation (``Secretary'') may 
make grants to the Multnomah County Tax Supervising and Conservation 
Commission of Multnomah County, Oregon (``Commission'') in accordance 
with this section, not to exceed the amount determined in subsection 
(b)(2).
    (b) Finding and Determination.--Before making any grant under this 
section not earlier than one year after exports of Alaskan North Slope 
oil commence pursuant to section 201, the Secretary shall--
            (1) find on the basis of substantial evidence that such 
        exports are directly or indirectly a substantial contributing 
        factor to the need to levy port district ad valorem taxes under 
        Oregon Revised Statutes section 294.381; and
            (2) determine the amount of such levy attributable to the 
        export of Alaskan North Slope oil.

    (c) Agreement.--Before receiving a grant under this section for the 
relief of port district ad valorem taxes which would otherwise be levied 
under Oregon Revised Statutes section 294.381, the Commission shall 
enter into an agreement with the Secretary to--
            (1) establish a segregated account for the receipt of grant 
        funds;
            (2) deposit and keep grant funds in that account;
            (3) use the funds solely for the purpose of payments in 
        accordance with this subsection, as determined pursuant to 
        Oregon Revised Statutes sections 294.305-565, and computed in 
        accordance with generally accepted accounting principles; and
            (4) terminate such account at the conclusion of payments 
        subject to this subsection and to transfer any amounts, 
        including interest, remaining in such account to the Port of 
        Portland for use in transportation improvements to enhance 
        freight mobility.

    (d) Report.--Within 60 days of issuing a grant under this section, 
the Secretary shall submit any finding and determination made under 
subsection (b), including supporting information, to the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation to carry out subsection 
(a), $15,000,000 for fiscal year 1997, to remain available until October 
1, 2003.

  TITLE III <<NOTE: Outer Continental Shelf Deep Water Royalty Relief 
Act.>> --OUTER CONTINENTAL SHELF DEEP WATER ROYALTY RELIEF

SEC. 301. SHORT TITLE. <<NOTE: 43 USC 1301 note.>> 

    This title may be referred to as the ``Outer Continental Shelf Deep 
Water Royalty Relief Act''.
SEC. 302. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.

    Section 8(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337(a)(3)), is amended--
            (1) by designating the provisions of paragraph (3) as 
        subparagraph (A) of such paragraph (3); and
            (2) by inserting after subparagraph (A), as so designated, 
        the following:

    ``(B) In the Western and Central Planning Areas of the Gulf of 
Mexico and the portion of the Eastern Planning Area of the Gulf of 
Mexico encompassing whole lease blocks lying west of 87 degrees, 30 
minutes West longitude, the Secretary may, in order to--
            ``(i) promote development or increased production on 
        producing or non-producing leases; or
            ``(ii) encourage production of marginal resources on 
        producing or non-producing leases;
        through primary, secondary, or tertiary recovery means, reduce 
        or eliminate any royalty or net profit share set forth in the 
        lease(s). With the lessee's consent, the Secretary may make 
        other modifications to the royalty or net profit share terms of 
        the lease in order to achieve these purposes.

    ``(C)(i) Notwithstanding the provisions of this Act other than this 
subparagraph, with respect to any lease or unit in existence on the date 
of enactment of the Outer Continental Shelf Deep Water Royalty Relief 
Act meeting the requirements of this subparagraph, no royalty payments 
shall be due on new production, as defined in clause (iv) of this 
subparagraph, from any lease or unit located in water depths of 200 
meters or greater in the Western and Central Planning Areas of the Gulf 
of Mexico, including that portion of the Eastern Planning Area of the 
Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 
30 minutes West longitude, until such volume of production as determined 
pursuant to clause (ii) has been produced by the lessee.
    ``(ii) Upon submission of a complete application by the lessee, the 
Secretary shall determine within 180 days of such application whether 
new production from such lease or unit would be economic in the absence 
of the relief from the requirement to pay royalties provided for by 
clause (i) of this subparagraph. In making such determination, the 
Secretary shall consider the increased technological and financial risk 
of deep water development and all costs associated with exploring, 
developing, and producing from the lease. The lessee shall provide 
information required for a complete application to the Secretary prior 
to such determination. The Secretary shall clearly define the 
information required for a complete application under this section. Such 
application may be made on the basis of an individual lease or unit. If 
the Secretary determines that such new production would be economic in 
the absence of the relief from the requirement to pay royalties provided 
for by clause (i) of this subparagraph, the provisions of clause (i) 
shall not apply to such production. If the Secretary determines that 
such new production would not be economic in the absence of the relief 
from the requirement to pay royalties provided for by clause (i), the 
Secretary must determine the volume of production from the lease or unit 
on which no royalties would be due in order to make such new production 
economically viable; except that for new production as defined in clause 
(iv)(I), in no case will that volume be less than 17.5 million barrels 
of oil equivalent in water depths of 200 to 400 meters, 52.5 million 
barrels of oil equivalent in 400-800 meters of water, and 87.5 million 
barrels of oil equivalent in water depths greater than 800 meters. 
Redetermination of the applicability of clause (i) shall be undertaken 
by the Secretary when requested by the lessee prior to the commencement 
of the new production and upon significant change in the factors upon 
which the original determination was made. The Secretary shall make such 
redetermination within 120 days of submission of a complete application. 
The Secretary may extend the time period for making any determination or 
redetermination under this clause for 30 days, or longer if agreed to by 
the applicant, if circumstances so warrant. <<NOTE: Notification.>>  The 
lessee shall be notified in writing of any determination or 
redetermination and the reasons for and assumptions used for such 
determination. Any determination or redetermination under this clause 
shall be a final agency action. The <<NOTE: Courts.>>  Secretary's 
determination or redetermination shall be judicially reviewable under 
section 10(a) of the Administrative Procedures Act (5 U.S.C. 702), only 
for actions filed within 30 days of the Secretary's determination or 
redetermination.

    ``(iii) In the event that the Secretary fails to make the 
determination or redetermination called for in clause (ii) upon 
application by the lessee within the time period, together with any 
extension thereof, provided for by clause (ii), no royalty payments 
shall be due on new production as follows:
            ``(I) For new production, as defined in clause (iv)(I) of 
        this subparagraph, no royalty shall be due on such production 
        according to the schedule of minimum volumes specified in clause 
        (ii) of this subparagraph.
            ``(II) For new production, as defined in clause (iv)(II) of 
        this subparagraph, no royalty shall be due on such production 
        for one year following the start of such production.

    ``(iv) For purposes of this subparagraph, the term `new production' 
is--
            ``(I) any production from a lease from which no royalties 
        are due on production, other than test production, prior to the 
        date of enactment of the Outer Continental Shelf Deep Water 
        Royalty Relief Act; or
            ``(II) any production resulting from lease development 
        activities pursuant to a Development Operations Coordination 
        Document, or supplement thereto that would expand production 
        significantly beyond the level anticipated in the Development 
        Operations Coordination Document, approved by the Secretary 
        after the date of enactment of the Outer Continental Shelf Deep 
        Water Royalty Relief Act.

    ``(v) During the production of volumes determined pursuant to 
clauses (ii) or (iii) of this subparagraph, in any year during which the 
arithmetic average of the closing prices on the New York Mercantile 
Exchange for light sweet crude oil exceeds $28.00 per barrel, any 
production of oil will be subject to royalties at the lease stipulated 
royalty rate. Any production subject to this clause shall be counted 
toward the production volume determined pursuant to clause (ii) or 
(iii). Estimated royalty payments will be made if such average of the 
closing prices for the previous year exceeds $28.00. After the end of 
the calendar year, when the new average price can be calculated, lessees 
will pay any royalties due, with interest but without penalty, or can 
apply for a refund, with interest, of any overpayment.
    ``(vi) During the production of volumes determined pursuant to 
clause (ii) or (iii) of this subparagraph, in any year during which the 
arithmetic average of the closing prices on the New York Mercantile 
Exchange for natural gas exceeds $3.50 per million British thermal 
units, any production of natural gas will be subject to royalties at the 
lease stipulated royalty rate. Any production subject to this clause 
shall be counted toward the production volume determined pursuant to 
clauses (ii) or (iii). Estimated royalty payments will be made if such 
average of the closing prices for the previous year exceeds $3.50. After 
the end of the calendar year, when the new average price can be 
calculated, lessees will pay any royalties due, with interest but 
without penalty, or can apply for a refund, with interest, of any 
overpayment.
    ``(vii) The prices referred to in clauses (v) and (vi) of this 
subparagraph shall be changed during any calendar year after 1994 by the 
percentage, if any, by which the implicit price deflator for the gross 
domestic product changed during the preceding calendar year.''.

SEC. 303. NEW LEASES.

    Section 8(a)(1) of the Outer Continental Shelf Lands Act, as amended 
(43 U.S.C. 1337(a)(1)) is amended--
            (1) by redesignating subparagraph (H) as subparagraph (I);
            (2) by striking ``or'' at the end of subparagraph (G); and
            (3) by inserting after subparagraph (G) the following new 
        subparagraph:
            ``(H) cash bonus bid with royalty at no less than 12 and \1/
        2\ per centum fixed by the Secretary in amount or value of 
        production saved, removed, or sold, and with suspension of 
        royalties for a period, volume, or value of production 
        determined by the Secretary, which suspensions may vary based on 
        the price of production from the lease; or''.

SEC. 304. LEASE SALES. <<NOTE: 43 USC 1337 note.>> 

    For all tracts located in water depths of 200 meters or greater in 
the Western and Central Planning Area of the Gulf of Mexico, including 
that portion of the Eastern Planning Area of the Gulf of Mexico 
encompassing whole lease blocks lying west of 87 degrees, 30 minutes 
West longitude, any lease sale within five years of the date of 
enactment of this title, shall use the bidding system authorized in 
section 8(a)(1)(H) of the Outer Continental Shelf Lands Act, as amended 
by this title, except that the suspension of royalties shall be set at a 
volume of not less than the following:
            (1) 17.5 million barrels of oil equivalent for leases in 
        water depths of 200 to 400 meters;
            (2) 52.5 million barrels of oil equivalent for leases in 400 
        to 800 meters of water; and
            (3) 87.5 million barrels of oil equivalent for leases in 
        water depths greater than 800 meters.

SEC. 305. REGULATIONS. <<NOTE: 43 USC 1337 note.>> 

    The Secretary shall promulgate such rules and regulations as are 
necessary to implement the provisions of this title within 180 days 
after the enactment of this Act.

SEC. 306. SAVINGS CLAUSE. <<NOTE: 43 USC 1337 note.>> 

    Nothing in this title shall be construed to affect any offshore pre-
leasing, leasing, or development moratorium, including any moratorium 
applicable to the Eastern Planning Area of the Gulf of Mexico located 
off the Gulf Coast of Florida.

                         TITLE IV--MISCELLANEOUS

SEC. 401. EMERGENCY RESPONSE PLAN. <<NOTE: Maritime affairs. Coast 
            Guard.>> 

    (a) In General.--Within 15 months after the date of the enactment of 
this Act, the Commandant of the Coast Guard shall submit a plan to 
Congress on the most cost-effective means of implementing an 
international private-sector tug-of-opportunity system, including a 
coordinated system of communication, using existing towing vessels to 
provide timely emergency response to a vessel in distress transiting the 
waters within the boundaries of the Olympic Coast National Marine 
Sanctuary or the Strait of Juan de Fuca.
    (b) <<NOTE: Canada.>>  Coordination.--In carrying out this section, 
the Commandant, in consultation with the Secretaries of State and 
Transportation, shall coordinate with the Canadian Government and the 
United States and Canadian maritime industries.

    (c) Access to Information.--If necessary, the Commandant shall allow 
United States nonprofit maritime organizations access to United States 
Coast Guard radar imagery and transponder information to identify and 
deploy towing vessels for the purpose of facilitating emergency 
response.
  
    (d) Towing Vessel Defined.--For the purpose of this section, the 
term ``towing vessel'' has the meaning given that term by section 
2101(40) of title 46, United States Code.

    Approved November 28, 1995.

LEGISLATIVE HISTORY--S. 395 (H.R. 70) (H.R. 1122):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 104-139, Pt. 1, accompanying H.R. 70 and 104-187, 
Pt. 1, accompanying H.R. 1122 (both from Comm. on Resources), and 104-
312 (Comm. of Conference).
SENATE REPORTS: No. 104-78 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 141 (1995):
            May 15, 16, considered and passed Senate.
            July 24, H.R. 70 considered and passed House.
            July 25, S. 395 considered and passed House, amended.
            Nov. 8, House agreed to conference report.
            Nov. 14, Senate agreed to conference report.

                                  <all>

Share This