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eral determines to be appropriate or necessary to en-
1
able the Attorney General to make the determination
2
under paragraph (2).
3
‘‘(4) A
PPLICABILITY
.—This subsection shall not
4
apply to such classes or type of licenses as the Com-
5
mission, with the approval of the Attorney General,
6
determines would not significantly affect the activities
7
of a licensee under the antitrust laws.’’.
8
(b) C
ONFORMING
A
MENDMENT
.—Section 105c. of the
9
Atomic Energy Act of 1954 (42 U.S.C. 2135(c)) is amended
10
by adding at the end the following:
11
‘‘(9) A
PPLICABILITY
.—This subsection does not
12
apply to an application for a license to construct or
13
operate a utilization facility under section 103 or
14
104b. that is filed on or after the date of enactment
15
of subsection d.’’.
16
SEC. 532. DECOMMISSIONING.
17
(a) A
UTHORITY
O
VER
F
ORMER
L
ICENSEES FOR
D
E
-
18
COMMISSIONING
F
UNDING
.—Section 161i. of the Atomic
19
Energy Act of 1954 (42 U.S.C. 2201(i)) is amended—
20
(1) by striking ‘‘and (3)’’ and inserting ‘‘(3)’’;
21
and
22
(2) by inserting before the semicolon at the end
23
the following: ‘‘, and (4) to ensure that sufficient
24
funds will be available for the decommissioning of
25
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any production or utilization facility licensed under
1
section 103 or 104b., including standards and restric-
2
tions governing the control, maintenance, use, and
3
disbursement by any former licensee under this Act
4
that has control over any fund for the decommis-
5
sioning of the facility’’.
6
(b) T
REATMENT OF
N
UCLEAR
R
EACTOR
F
INANCIAL
7
O
BLIGATIONS
.—Section 523 of title 11, United States Code,
8
is amended by adding at the end the following:
9
‘‘(f) T
REATMENT OF
N
UCLEAR
R
EACTOR
F
INANCIAL
10
O
BLIGATIONS
.—Notwithstanding any other provision of
11
this title—
12
‘‘(1) any funds or other assets held by a licensee
13
or former licensee of the Nuclear Regulatory Commis-
14
sion, or by any other person, to satisfy the responsi-
15
bility of the licensee, former licensee, or any other per-
16
son to comply with a regulation or order of the Nu-
17
clear Regulatory Commission governing the decon-
18
tamination and decommissioning of a nuclear power
19
reactor licensed under section 103 or 104b. of the
20
Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b))
21
shall not be used to satisfy the claim of any creditor
22
in any proceeding under this title, other than a claim
23
resulting from an activity undertaken to satisfy that
24
responsibility, until the decontamination and decom-
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missioning of the nuclear power reactor is completed
1
to the satisfaction of the Nuclear Regulatory Commis-
2
sion;
3
‘‘(2) obligations of licensees, former licensees, or
4
any other person to use funds or other assets to satisfy
5
a responsibility described in paragraph (1) may not
6
be rejected, avoided, or discharged in any proceeding
7
under this title or in any liquidation, reorganization,
8
receivership, or other insolvency proceeding under
9
Federal or State law; and
10
‘‘(3) private insurance premiums and standard
11
deferred premiums held and maintained in accord-
12
ance with section 170b. of the Atomic Energy Act of
13
1954 (42 U.S.C. 2210(b)) shall not be used to satisfy
14
the claim of any creditor in any proceeding under
15
this title, until the indemnification agreement exe-
16
cuted in accordance with section 170c. of that Act (42
17
U.S.C. 2210(c)) is terminated.’’.
18
Subtitle E—NRC Personnel Crisis
19
SEC. 541. ELIMINATION OF PENSION OFFSET.
20
Section 161 of the Atomic Energy Act of 1954 (42
21
U.S.C. 2201) is amended by adding at the end the following:
22
‘‘y. exempt from the application of sections 8344 and
23
8468 of title 5, United States Code, an annuitant who was
24
formerly an employee of the Commission who is hired by
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the Commission as a consultant, if the Commission finds
1
that the annuitant has a skill that is critical to the perform-
2
ance of the duties of the Commission.’’.
3
SEC. 542. NRC TRAINING PROGRAM.
4
(a) I
N
G
ENERAL
.—In order to maintain the human
5
resource investment and infrastructure of the United States
6
in the nuclear sciences, health physics, and engineering
7
fields, in accordance with the statutory authorities of the
8
Commission relating to the civilian nuclear energy pro-
9
gram, the Nuclear Regulatory Commission shall carry out
10
a training and fellowship program to address shortages of
11
individuals with critical safety skills.
12
(b) A
UTHORIZATION OF
A
PPROPRIATIONS
.—
13
(1) I
N GENERAL
.—There are authorized to be ap-
14
propriated to carry out this section $1,000,000 for
15
each of fiscal years 2003 through 2006.
16
(2) A
VAILABILITY
.—Funds made available under
17
paragraph (1) shall remain available until expended.
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DIVISION B—DOMESTIC OIL AND
1
GAS PRODUCTION AND
2
TRANSPORTATION
3
TITLE VI—OIL AND GAS
4
PRODUCTION
5
SEC. 601. PERMANENT AUTHORITY TO OPERATE THE STRA-
6
TEGIC PETROLEUM RESERVE.
7
(a) A
MENDMENT TO
T
ITLE
I
OF THE
E
NERGY
P
OLICY
8
AND
C
ONSERVATION
A
CT
.—Title I of the Energy Policy and
9
Conservation Act (42 U.S.C. 6211 et seq.) is amended—
10
(1) by striking section 166 (42 U.S.C. 6246) and
11
inserting—
12
‘‘S
EC
. 166. There are authorized to be appropriated
13
to the Secretary such sums as may be necessary to carry
14
out this part, to remain available until expended.’’; and
15
(2) by striking part E (42 U.S.C. 6251; relating
16
to the expiration of title I of the Act) and its heading.
17
(b) A
MENDMENT TO
T
ITLE
II
OF THE
E
NERGY
P
OLICY
18
AND
C
ONSERVATION
A
CT
.—Title II of the Energy Policy
19
and Conservation Act (42 U.S.C. 6271 et seq.) is
20
amended—
21
(1) by striking section 256(h) (42 U.S.C.
22
6276(h)) and inserting—
23
‘‘(h) A
UTHORIZATION
OF
A
PPROPRIATIONS
.—There
24
are authorized to be appropriated to the Secretary such
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sums as may be necessary to carry out this part, to remain
1
available until expended.’’;
2
(2) by striking section 273(e) (42 U.S.C. 6283(e);
3
relating to the expiration of summer fill and fuel
4
budgeting programs); and
5
(3) by striking part D (42 U.S.C. 6285; relating
6
to the expiration of title II of the Act) and its head-
7
ing.
8
(c) T
ECHNICAL
A
MENDMENTS
.—The table of contents
9
for the Energy Policy and Conservation Act is amended by
10
striking the items relating to part D of title I and part
11
D of title II.
12
SEC. 602. FEDERAL ONSHORE LEASING PROGRAMS FOR OIL
13
AND GAS.
14
(a) T
IMELY
A
CTION ON
L
EASES AND
P
ERMITS
.—To
15
ensure timely action on oil and gas leases and applications
16
for permits to drill on lands otherwise available for leasing,
17
the Secretary of the Interior shall—
18
(1) ensure expeditious compliance with the re-
19
quirements of section 102(2)(C) of the National Envi-
20
ronmental Policy Act of 1969 (42 U.S.C. 4332(2)(C));
21
(2) improve consultation and coordination with
22
the States; and
23
(3) improve the collection, storage, and retrieval
24
of information related to such leasing activities.
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(b) I
MPROVED
E
NFORCEMENT
.—The Secretary shall
1
improve inspection and enforcement of oil and gas activi-
2
ties, including enforcement of terms and conditions in per-
3
mits to drill.
4
(c) A
UTHORIZATION OF
A
PPROPRIATIONS
.—For each
5
of the fiscal years 2003 through 2006, in addition to
6
amounts otherwise authorized to be appropriated for the
7
purpose of carrying out section 17 of the Mineral Leasing
8
Act (30 U.S.C. 226), there are authorized to be appro-
9
priated to the Secretary of the Interior—
10
(1) $40,000,000 for the purpose of carrying out
11
paragraphs (1) through (3) of subsection (a); and
12
(2) $20,000,000 for the purpose of carrying out
13
subsection (b).
14
SEC. 603. OIL AND GAS LEASE ACREAGE LIMITATIONS.
15
Section 27(d)(1) of the Mineral Leasing Act (30 U.S.C.
16
184(d)(1)) is amended by inserting after ‘‘acreage held in
17
special tar sand areas’’ the following: ‘‘as well as acreage
18
under any lease any portion of which has been committed
19
to a federally approved unit or cooperative plan or
20
communitization agreement, or for which royalty, includ-
21
ing compensatory royalty or royalty in kind, was paid in
22
the preceding calendar year,’’.
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SEC. 604. ORPHANED AND ABANDONED WELLS ON FEDERAL
1
LAND.
2
(a) E
STABLISHMENT
.—(1) The Secretary of the Inte-
3
rior, in cooperation with the Secretary of Agriculture, shall
4
establish a program to ensure within 3 years after the date
5
of enactment of this Act, remediation, reclamation, and clo-
6
sure of orphaned oil and gas wells located on lands admin-
7
istered by the land management agencies within the De-
8
partment of the Interior and the United States Forest Serv-
9
ice that are—
10
(A) abandoned;
11
(B) orphaned; or
12
(C) idled for more than 5 years and having no
13
beneficial use.
14
(2) The program shall include a means of ranking crit-
15
ical sites for priority in remediation based on potential en-
16
vironmental harm, other land use priorities, and public
17
health and safety.
18
(3) The program shall provide that responsible parties
19
be identified wherever possible and that the costs of remedi-
20
ation be recovered.
21
(4) In carrying out the program, the Secretary of the
22
Interior shall work cooperatively with the Secretary of Agri-
23
culture and the States within which the Federal lands are
24
located, and shall consult with the Secretary of Energy, and
25
the Interstate Oil and Gas Compact Commission.
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(b) P
LAN
.—Within 6 months from the date of enact-
1
ment of this section, the Secretary of the Interior, in co-
2
operation with the Secretary of Agriculture, shall prepare
3
a plan for carrying out the program established under sub-
4
section (a). Copies of the plan shall be transmitted to the
5
Committee on Energy and Natural Resources of the Senate
6
and the Committee on Resources of the House of Representa-
7
tives.
8
(c) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are
9
authorized to be appropriated to the Secretary of the Inte-
10
rior $5,000,000 for each of fiscal years 2003 through 2005
11
to carry out the activities provided for in this section.
12
SEC. 605. ORPHANED AND ABANDONED OIL AND GAS WELL
13
PROGRAM.
14
(a) E
STABLISHMENT
.—The Secretary of Energy shall
15
establish a program to provide technical assistance to the
16
various oil and gas producing States to facilitate State ef-
17
forts over a 10-year period to ensure a practical and eco-
18
nomical remedy for environmental problems caused by or-
19
phaned and abandoned exploration or production well sites
20
on State and private lands. The Secretary shall work with
21
the States, through the Interstate Oil and Gas Compact
22
Commission, to assist the States in quantifying and miti-
23
gating environmental risks of onshore abandoned and or-
24
phaned wells on State and private lands.
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(b) P
ROGRAM
E
LEMENTS
.—The program should
1
include—
2
(1) mechanisms to facilitate identification of re-
3
sponsible parties wherever possible;
4
(2) criteria for ranking critical sites based on
5
factors such as other land use priorities, potential en-
6
vironmental harm and public visibility; and
7
(3) information and training programs on best
8
practices for remediation of different types of sites.
9
(c) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are
10
authorized to be appropriated to the Secretary of Energy
11
for the activities under this section $5,000,000 for each of
12
fiscal years 2003 through 2005 to carry out the provisions
13
of this section.
14
SEC. 606. OFFSHORE DEVELOPMENT.
15
Section 5 of the Outer Continental Shelf Lands Act
16
of 1953 (43 U.S.C. 1334) is amended by adding at the end
17
the following:
18
‘‘(k) S
USPENSION OF
O
PERATIONS FOR
S
UBSALT
E
X
-
19
PLORATION
.—Notwithstanding any other provision of law
20
or regulation, the Secretary may grant a request for a sus-
21
pension of operations under any lease to allow the lessee
22
to reprocess or reinterpret geologic or geophysical data be-
23
neath allocthonous salt sheets, when in the Secretary’s judg-
24
ment such suspension is necessary to prevent waste caused
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by the drilling of unnecessary wells, and to maximize ulti-
1
mate recovery of hydrocarbon resources under the lease.
2
Such suspension shall be limited to the minimum period
3
of time the Secretary determines is necessary to achieve the
4
objectives of this subsection.’’.
5
SEC. 607. COALBED METHANE STUDY.
6
(a) S
TUDY
.—The National Academy of Sciences shall
7
conduct a study on the effects of coalbed methane production
8
on surface and water resources.
9
(b) D
ATA
A
NALYSIS
.—The study shall analyze avail-
10
able hydrogeologic and water quality data, along with other
11
pertinent
environmental
or
other
information
to
12
determine—
13
(1) adverse effects associated with surface or sub-
14
surface disposal of waters produced during extraction
15
of coalbed methane;
16
(2) depletion of groundwater aquifers or drink-
17
ing water sources associated with production of coal-
18
bed methane;
19
(3) any other significant adverse impacts to sur-
20
face or water resources associated with production of
21
coalbed methane; and
22
(4) production techniques or other factors that
23
can mitigate adverse impacts from coalbed methane
24
development.
25
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