Text: H.R.5874 — 109th Congress (2005-2006)All Information (Except Text)

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Introduced in House (07/25/2006)


109th CONGRESS
2d Session
H. R. 5874


To direct the Secretary of the Interior to suspend the application of any provision of Federal law under which any person is given relief from any requirement to pay royalty for production oil or natural gas from Federal lands (including submerged lands), for production occurring in any period in which the market price of production exceeds certain prices, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

July 25, 2006

Mr. Carnahan introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Resources and Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To direct the Secretary of the Interior to suspend the application of any provision of Federal law under which any person is given relief from any requirement to pay royalty for production oil or natural gas from Federal lands (including submerged lands), for production occurring in any period in which the market price of production exceeds certain prices, and for other purposes.

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

SECTION 1. Short title.

This Act may be cited as the “Consumer Relief and Investment in Our Future Act”.

SEC. 2. Requirement to suspend royalty relief.

(a) Requirement to suspend.—The Secretary of the Interior shall suspend the application of any provision of Federal law under which any person is given relief from any requirement to pay royalty for production oil or natural gas from Federal lands (including submerged lands), for production occurring in any period after the date of the enactment of this Act with respect to which—

(1) in the case of production of oil, the average price of crude oil in the United States over the most recent 4 consecutive weeks is greater than $34.71 per barrel; and

(2) in the case of production of natural gas, the average wellhead price of natural gas in the United States over the most recent 4 consecutive weeks is greater than $4.34 per thousand cubic feet.

(b) Determination of Market Price.—The Secretary shall determine average prices for purposes of subsection (a) based on the most recent data reported by the Energy Information Administration of the Department of Energy.

SEC. 3. Renegotiation of existing leases.

(a) Requirement.—The Secretary of the Interior shall seek to renegotiate each existing lease authorizing production of oil or natural gas on Federal land (including submerged land) that was issued by the Department of the Interior before the date of the enactment of this Act as necessary to modify the terms of such lease to ensure that any suspension of a requirement to pay royalties under such lease does not apply to production referred to in section 2(a).

(b) Failure to renegotiate and modify.—After the end of the 1-year period beginning on the date of the enactment of this Act, a person who is a lessee under an existing lease referred to in subsection (a) shall not be eligible to enter into any new lease that authorizes production of oil or natural gas on Federal land (including submerged land), and shall not be eligible to obtain by sale or other transfer any lease issued before the end of such period, unless such person renegotiates such existing lease and enters into an agreement with the Secretary that modifies the terms of the existing lease as provided in subsection (a).

SEC. 4. Use of royalties received as result of suspension of royalty relief.

(a) Deposit of royalties.—Amounts received by the United States as royalty for production of oil or natural gas from Federal lands (including submerged lands) shall be deposited into a separate account in the Treasury.

(b) Availability of deposited amounts.—Amounts in the account referred to in subsection (a) shall be available to the Secretary of Energy, without further appropriation, to be divided equally among the following programs:

(1) The biomass programs administered by the Assistant Secretary of Energy for Energy Efficiency and Renewable Energy.

(2) The FreedomCAR and Vehicle Technologies Program administered by the Assistant Secretary of Energy for Energy Efficiency and Renewable Energy, 25 percent of which shall be for the Clean Cities Program.

(3) The Hydrogen, Fuel Cells, and Infrastructure Program administered by the Assistant Secretary of Energy for Energy Efficiency and Renewable Energy.

SEC. 5. Advanced technology program.

There are authorized to be appropriated to the Secretary of Commerce for the National Institute of Standards and Technology’s Advanced Technology Program—

(1) $464,000,000 for fiscal year 2007;

(2) $823,000,000 for fiscal year 2008;

(3) $1,092,000,000 for fiscal year 2009;

(4) $1,156,000,000 for fiscal year 2010;

(5) $1,151,000,000 for fiscal year 2011;

(6) $1,052,000,000 for fiscal year 2012;

(7) $1,177,000,000 for fiscal year 2013;

(8) $1,132,000,000 for fiscal year 2014; and

(9) $1,149,000,000 for fiscal year 2015.

SEC. 6. Windfall profits tax.

(a) In general.—Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end the following new chapter:

“CHAPTER 56WINDFALL PROFITS ON CRUDE OIL

“Sec. 5896. Imposition of tax.

“Sec. 5897. Windfall profit; removal price; base price; qualified investment.

“Sec. 5898. Special rules and definitions.

“SEC. 5896. Imposition of tax.

“(a) In general.—In addition to any other tax imposed under this title, there is hereby imposed on any integrated oil company (as defined in section 291(b)(4)) an excise tax equal to the excess of—

“(1) the amount equal to 50 percent of the windfall profit from all barrels of taxable crude oil removed from the property during each taxable year, over

“(2) the amount of qualified investment by such company during such taxable year.

“(b) Fractional part of barrel.—In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel.

“(c) Tax paid by producer.—The tax imposed by this section shall be paid by the producer of the taxable crude oil.

“SEC. 5897. Windfall profit; removal price; base price; qualified investment.

“(a) General rule.—For purposes of this chapter, the term ‘windfall profit’ means the excess of the removal price of the barrel of taxable crude oil over the base price of such barrel.

“(b) Removal price.—For purposes of this chapter—

“(1) IN GENERAL.—Except as otherwise provided in this subsection, the term ‘removal price’ means the amount for which the barrel of taxable crude oil is sold.

“(2) SALES BETWEEN RELATED PERSONS.—In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613.

“(3) OIL REMOVED FROM PROPERTY BEFORE SALE.—If crude oil is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613.

“(4) REFINING BEGUN ON PROPERTY.—If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property—

“(A) such oil shall be treated as removed on the day such manufacture or conversion begins, and

“(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613.

“(5) PROPERTY.—The term ‘property’ has the meaning given such term by section 614.

“(c) Base price defined.—For purposes of this chapter, the term ‘base price’ means $40 for each barrel of taxable crude oil.

“(d) Qualified investment.—For purposes of this chapter, the term ‘qualified investment’ means any amount paid or incurred with respect to any qualified facility described in paragraph (1), (2), (3), or (4) of section 45(d) (determined without regard to any placed in service date).

“SEC. 5898. Special rules and definitions.

“(a) Withholding and deposit of tax.—The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil.

“(b) Records and information.—Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe.

“(c) Return of windfall profit tax.—The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896.

“(d) Definitions.—For purposes of this chapter—

“(1) PRODUCER.—The term ‘producer’ means the holder of the economic interest with respect to the crude oil.

“(2) CRUDE OIL.—

“(A) IN GENERAL.—The term ‘crude oil’ includes crude oil condensates and natural gasoline.

“(B) EXCLUSION OF NEWLY DISCOVERED OIL.—Such term shall not include any oil produced from a well drilled after the date of the enactment of the Consumer Relief and Investment in Our Future Act, except with respect to any oil produced from a well drilled after such date on any proven oil or gas property (within the meaning of section 613A(c)(9)(A)).

“(3) BARREL.—The term ‘barrel’ means 42 United States gallons.

“(e) Adjustment of removal price.—In determining the removal price of oil from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil removed.

“(f) Regulations.—The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.

“(g) Termination.—This chapter shall not apply to taxable crude oil removed after the date which is 1 year after the date of the enactment of this section.”.

(b) Transfer of windfall profit tax receipts to highway trust fund.—Paragraph (1) of section 9503(b) of the Internal Revenue Code of 1986 is amended by striking “and” at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting “, and”, and by inserting after subparagraph (E) the following new subparagraph:

“(F) section 5896 (relating to windfall profits tax on crude oil).”.

(c) Deductibility of windfall profit tax.—The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph:

“(6) The windfall profit tax imposed by section 5896.”.

(d) Clerical amendment.—The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

“CHAPTER 56. WINDFALL PROFIT ON CRUDE OIL.”.

(e) Effective date.—

(1) IN GENERAL.—The amendments made by this section shall apply to crude oil removed after the date of the enactment of this Act, in taxable years ending after such date.

(2) TRANSITIONAL RULES.—For the period ending on the date which is one year after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary’s delegate shall prescribe rules relating to the administration of chapter 56 of the Internal Revenue Code of 1986. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 56 of such Code (or in so much of subtitle F of such Code as relates to such chapter 56).

SEC. 7. Reduction of fuel taxes on highway motor fuels.

(a) In general.—Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on motor and aviation fuels) is amended by adding at the end the following new subsection:

“(f) Reduction of highway motor fuel taxes.—

“(1) IN GENERAL.—During the reduction period, the rate of tax imposed by section 4041 (other than subsection (d) thereof) or 4081(a)(2)(A) on highway motor fuel shall be reduced by 10 cents per gallon.

“(2) DEFINITIONS AND SPECIAL RULE.—For purposes of this subsection—

“(A) REDUCTION PERIOD.—The term ‘reduction period’ means the 1-year period beginning on the date of enactment of the Consumer Relief and Investment in Our Future Act.

“(B) HIGHWAY MOTOR FUEL.—The term ‘highway motor fuel’ means any fuel subject to tax under section 4041 or 4081 other than aviation gasoline and aviation-grade kerosene.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

(c) Maintenance of trust funds deposits; amounts appropriated to trust funds treated as taxes.—

(1) IN GENERAL.—There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) to the Highway Trust Fund an amount equal to the excess (if any) of—

(A) the amount (but for this subsection) of reduced revenues received in the Highway Trust Fund as a result of a reduction in a rate of tax by reason of section 4081(f)(1) of the Internal Revenue Code of 1986 (as added by subsection (a), over

(B) amounts appropriated to the Highway Trust Fund by section 9503(b)(1)(F) of the Internal Revenue Code of 1986 (relating to windfall profits tax on crude oil).

(2) SPECIAL RULES.—Amounts appropriated by paragraph (1) to the Highway Trust Fund—

(A) shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred had subsection (a) not been enacted, and

(B) shall be treated for all purposes of Federal law as taxes received under the appropriate section referred to in such section 4081(f)(1).

(d) Floor stock refunds.—

(1) IN GENERAL.—If—

(A) before the tax rate reduction date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and

(B) on such date such fuel is held by a dealer and has not been used and is intended for sale,

there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ‘taxpayer’) an amount equal to the excess of the tax paid by the taxpayer over the tax which would be imposed on such fuel had the taxable event occurred on such date.

(2) TIME FOR FILING CLAIMS.—No credit or refund shall be allowed or made under this subsection unless—

(A) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax rate reduction date based on a request submitted to the taxpayer before the date which is 3 months after the tax rate reduction date by the dealer who held the highway motor fuel on such date, and

(B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund.

(3) EXCEPTION FOR FUEL HELD IN RETAIL STOCKS.—No credit or refund shall be allowed under this section with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail.

(4) DEFINITIONS.—For purposes of this subsection—

(A) TAX RATE REDUCTION DATE.—The term “tax rate reduction date” means the first day of the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986 (as added by subsection (a))).

(B) OTHER TERMS.—The terms “dealer” and “held by a dealer” have the respective meanings given to such terms by section 6412 of such Code.

(5) CERTAIN RULES TO APPLY.—Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection.

(e) Floor stocks tax.—

(1) IMPOSITION OF TAX.—In the case of any highway motor fuel which is held on the tax restoration date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such fuel had the taxable event occurred on such date over the tax (if any) previously paid (and not credited or refunded) on such fuel.

(2) LIABILITY FOR TAX AND METHOD OF PAYMENT.—

(A) LIABILITY FOR TAX.—The person holding highway motor fuel on the tax restoration date to which the tax imposed by paragraph (1) applies shall be liable for such tax.

(B) METHOD OF PAYMENT.—The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe.

(C) TIME FOR PAYMENT.—The tax imposed by paragraph (1) shall be paid on or before the 45th day after the tax restoration date.

(3) DEFINITIONS.—For purposes of this subsection—

(A) TAX RESTORATION DATE.—The term “tax restoration date” means the first day after the end of the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986).

(B) HIGHWAY MOTOR FUEL.—The term “highway motor fuel” has the meaning given to such term by section 4081(f) of such Code.

(C) HELD BY A PERSON.—A highway motor fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made).

(D) SECRETARY.—The term “Secretary” means the Secretary of the Treasury or the Secretary’s delegate.

(4) EXCEPTION FOR EXEMPT USES.—The tax imposed by paragraph (1) shall not apply to any highway motor fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable for such use.

(5) EXCEPTION FOR CERTAIN AMOUNTS OF FUEL.—

(A) IN GENERAL.—No tax shall be imposed by paragraph (1) on any highway motor fuel held on the tax restoration date by any person if the aggregate amount of such highway motor fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph.

(B) EXEMPT FUEL.—For purposes of subparagraph (A), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4).

(C) CONTROLLED GROUPS.—For purposes of this subsection—

(i) CORPORATIONS.—

(I) IN GENERAL.—All persons treated as a controlled group shall be treated as 1 person.

(II) CONTROLLED GROUP.—The term “controlled group” has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase “more than 50 percent” shall be substituted for the phrase “at least 80 percent” each place it appears in such subsection.

(ii) NONINCORPORATED PERSONS UNDER COMMON CONTROL.—Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation.

(6) OTHER LAWS APPLICABLE.—All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such sections.

SEC. 8. Repeal of certain tax provisions of the Energy Policy Act of 2005.

(a) Repeal.—The following provisions, and amendments made by such provisions, of the Energy Policy Act of 2005 are hereby repealed:

(1) Section 1306 (relating to credit for production from advanced nuclear power facilities).

(2) Section 1307 (relating to credit for investment in clean coal facilities).

(3) Section 1308 (relating to electric transmission property treated as 15-year property).

(4) Section 1309 (relating to expansion of amortization for certain atmospheric pollution control facilities in connection with plants first placed in service after 1975).

(5) Section 1310 (relating to modifications to special rules for nuclear decommissioning costs).

(6) Section 1321 (relating to extension of credit for producing fuel from a non-conventional source for facilities producing coke or coke gas).

(7) Section 1323 (relating to temporary expensing for equipment used in refining of liquid fuels).

(8) Section 1325 (relating to natural gas distribution lines treated as 15-year property).

(9) Section 1326 (relating to natural gas gathering lines treated as 7-year property).

(10) Section 1328 (relating to determination of small refiner exception to oil depletion deduction).

(11) Section 1329 (relating to amortization of geological and geophysical expenditures).

(b) Administration of Internal Revenue Code of 1986.—The Internal Revenue Code of 1986 shall be applied and administered as if the provisions, and amendments, specified in subsection (a) had never been enacted.