Alaska Taxes

5-16-12

16 May 2012 6:02am

Washington Times Op-Ed Today: Senators Lisa Murkowski and David Vitter.  TransCanada’s decision to reapply for a federal permit to build the Keystone XL pipeline across the U.S.-Canadian border offers President Obama something that rarely comes around - a second chance to do the right thing.


Calgary Herald by Dina O'Meara.  Oil and Gas Producers Keep Eye On Wildfires




Jim Jansen, Oil Taxes, ACES, Keep Alaska Competitive, Photo by Dave Harbour

AP/ADN by Becky Bohrer. Marc Langland, Keep Alaska Competitive, Oil Taxes, ACES, Northrim Bank, Photo by Dave Harbour Marc Langland (NGP Photo-R) and Jim Jansen (NGP Photo-L), co-chairs of the Make Alaska Competitive Coalition, in an email Tuesday, said they are not giving up on pressing for what they call meaningful tax reform, saying the state's economic future is at stake.

AP/ADN by Dan Joling.  "Four groups sue to protect Beluga Whales."  (Comment: Environmental activists within over three dozen resident NGOs in Alaska are working full time to oppose responsible natural resource activity Beluga Whale, Port Woronzof, Anchorage, Alaska, Photo by Dave Harbourin Alaska.  Since Alaska's constitution centers on a sustainable economy based on natural resources, the environmental groups are, in effect, calling for the bankrupting of Alaska.  Alaska's State Senate, by keeping oil taxes at a predatory level are, in effect, however indirectly, working with the environmental activists so intent on shutting down the state's free enterprise sector.  We spied a pod of (at least several dozen) spunky Beluga this past weekend at Point Woronzof (NGP Photo), while photographing a wedding.  Since Beluga populations are stable if not increasing we might have suggested to the headline writer this morning this alternative approach: Groups sue to stop energy production and most human commerce in Cook Inlet, the most populated section of Alaska.  -dh)  


Glen Biegel, KBYR, Talk Show, Photo by Dave HarbourYour author will appear this afternoon on Glen Biegel's (NGP Photo) radio show at 4 p.m. A.D.T..  Call in!    -dh

Shell Canada details BC liquefied natural gas project - Calgary Herald  -  Main callout pointer for calgaryheraldcom .... the province's growing natural gas reserves Thepipeline received a B.C. environmental assessment certificate ... www.calgaryherald.com/business/energy...C.../story.html
Categories:

5-1-12

01 May 2012 8:51am

 

Calgary Herald by Rebecca Penty.  Canada’s largest pipeline company based in Calgary is set to re-apply for U.S. federal approval to build its proposed Alberta-to-Texas Keystone XL oil pipeline while it also examines reconfiguring part of its Canadian mainline gas line into a conduit for oil. A repurposed mainline could deliver up to 800,000 barrels per day, according to the proposal, to eastern Canadian refineries eyeing western crude that’s selling at a bargain to world prices.


Special session ends after House adjourns
Sean Parnell, Governor, Alaska, Special Session Adjourns, ACES, Oil Taxes, AGDC, gas pipeline, bullet line, Photo by Dave HarbourAnchorage Daily News
Sean Parnell (NGP
 Photo) to lower oil taxes and develop a natural gas pipeline was rocky throughout and fizzled to an end Monday evening with no legislation passed on either topic. The state House said it saw no hope of moving the only item still on the agenda, ...
See all stories on this topic »

Game plan: go home
Juneau Empire
By Pat Forgey House leaders abandoned plans to push through their favored natural gas pipelineplan, and Monday joined the Senate in adjourning the special legislative session called by Gov. Sean Parnell last month. In a post-session press conference, ...
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Alaska House adjourns, leaves gas bill unfinished
Herald Times Reporter
Left unresolved was a gas pipeline bill that House members had looked for ways to salvage, but they found little or no support from the Senate. Lawmakers did pass a bill on the special session call regarding human trafficking, but Gov. Sean Parnell ...
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Parnell doesn't plan another special session
Anchorage Daily News
Sean Parnell says he does not plan to call lawmakers into another special session to deal with an in-state gas pipeline bill. The Alaska House adjourned from special session Monday, with leaders venting frustration with the Senate.
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Alaska House decides to follow Senate and adjourn; gas pipeline bill unresolved
Fairbanks Daily News-Miner
by Becky Bohrer / AP JUNEAU, Alaska - The Alaska House adjourned Monday and left an in-stategas pipeline bill unresolved, mirroring the Senate's action last week and marking the end of a tumultuous special session that seemed doomed from the start.
See all stories on this topic »
Alaska special legislative session over
Alaska Dispatch
... Alaska's oil taxes and constructing a small-diameter pipeline to deliver natural gasto Alaska's Railbelt communities all fell apart in the last five days, so many dominoes falling after Gov. Sean Parnell dropped his political bombshell last week.
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Alaska Dispatch
Point Thomson headed back to court yet again?
Alaska Dispatch
Natural gas pipeline advocate and former gubernatorial candidate Bill Walker originally thought Gov.Sean Parnell's administration had inked a decent settlement with the oil giant and its partners -- BP Exploration, ConocoPhillips and Leede Operating ...
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Special Session Falls Apart on 13th Day
KTUU.com
There was no agreement on a much talked about small-diameter natural gas pipeline. At 5:27 PM, The House suddenly and unexpectedly voted to adjourn. Their vote came four days after the Senate had decided to exactly the same thing -- but for different ...
See all stories on this topic »
House leaders struggle to keep session going
Juneau Empire
By Pat Forgey The House of Representatives indicated Friday that it would force the Senate back into session, as House Speaker Mike Chenault, R-Nikiski tries to keep his gas pipeline legislation alive. The Senate adjourned Thursday, but under the state ...
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Gas line bill would not have led to cheap energy anytime soon
Fairbanks Daily News-Miner
by dermotcole The special session fizzled out Monday with House Republicans saying the failure to get an in-state gas pipeline bill passed was a defeat to their efforts to get lower energy costs for Alaskans. From the way they talked, ...
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The Wall Street JournalVirginia Could Be an Energy Power- If Washington Would Let It **Op-ed by Gov. Bob McDonnell
When President Obama endorsed an "all of the above" energy strategy in this year's State of the Union address, he gave the impression that he was finally adopting an aggressive policy. Unfortunately, the president's words are worlds apart from his actions—especially when it comes to developing our nation's abundant offshore oil and natural gas resources. To see that disconnect in action, look at the Commonwealth of Virginia. In 2010, Virginia was poised to become the first state on the East Coast permitted to produce oil and natural gas offshore.
 
The Houston Chronicle: Wind could power offshore platforms
Wind power could be an economic solution for fueling offshore oil and gas platforms. At least, it’s an idea being batted around for rigs in Norway. The country’s incentives for cutting emissions have made offshore wind in shallow water a solution that could save companies as much as $2.63 million per megawatt of energy, said Atle Rygg Ardal, a researcher for SINTEF Energy Research of Norway, who presented a paper on the subject Monday at the Offshore Technology Conference in Houston.
 
The price of natural gas jumped by nearly 5 percent Monday after government data showed that producers are making good on promises to cut supplies. Chesapeake Energy Corp., ConocoPhillips and Encana Corp. have each said that they would take some natural gas operations offline this year. They were forced to, in part, because of their own success. U.S. supplies have ballooned to nearly 60 percent above the five-year average, after a wave of new shale drilling delivered more natural gas to the market than people were able to use. The glut pushed natural gas prices to 10-year lows this month, and some experts say the country may eventually run out of places to put it.
 
Wall Street Journal: Obama Rallies Union Support
President Barack Obama used an address to members of building trades unions to slam Republicans in Congress while trying to assure union workers that he wants to put them back on the job – a speech Republicans dismissed as pandering to labor and dodging the issue of a jobs-creating pipeline project that he opposed. Addressing the AFL-CIO’s Building and Construction Trades Department, Mr. Obama said Monday that Republicans have blocked multiple jobs bills that would have put hundreds of thousands of construction workers back to work repairing crumbling roads, schools and transit systems.
 
You wouldn't know it from campaign rhetoric, but gasoline prices have been trending down. Six months out, polls show the presidential race is very close and that the frail economy and jobs still top voter worry lists. Thus even a small drop in gas prices could generate big political ripples. Generally, any slide in gas prices should benefit President Barack Obama more than presumptive GOP challenger Mitt Romney, and vice versa.
 
With the 2012 election season under way, gas prices are on the top of voters' minds. But while political leaders debate options, industry experts disagree that the solution lies in Washington, D.C. Gas prices have been going up since the late 1990s and have ridden a roller coaster over the past four years.
 
With Alaska poised to become the next frontier in offshore drilling this summer, the state’s two senators, Republican Lisa Murkowski and Democrat Mark Begich, find themselves in agreement. It’s an encouraging setting for companies hoping to drill in the Arctic Ocean, but a gloomy prospect for environmentalists concerned about the risks of moving too rapidly toward oil and gas exploration in the harsh conditions off the north coast of Alaska.
 

 

Categories:

4-22-12 - Is Alaska's Legislature Making A Big Mistake?

22 April 2012 7:08am

Today, we are pleased to provide you with a link to Tom Brennan's important commentary... embellished a bit with our own.  -dh

Tom Brennan, Alaska oil taxes, Snowflake Rebellion, Photo by Dave Harbour

Commentary: Tom Brennan's (NGP Photo) commentary below, notes that the Alaska Legislature seems enamored with providing tax credits to companies that explore new, potential petroleum reservoirs on Alaska state lands (i.e. most 'explorers' are relatively new to Alaska and have expressed publicly or privately a concern that if they do discover anything, production in this tax climate will be difficult or impossible).  State law provides subsidies for explorers by over taxing the so-called legacy producers, the three large oil companies, whose risk and diligence caused Alaska to benefit so greatly from Alaska Governor Sean Parnell, Alaska Oil Taxes, ACES, Photo by Dave HarbourAlaska North Slope production.  The short-sightedness of the Legislature's oil wealth redistribution is exposed below, when Brennan points out the significant new production that the three major producers (i.e. and the state)  could monetize from existing reservoirs.  We concur that the Trans Alaska Pipeline System (TAPS) throughput could be sustained for many decades were the tax and investment climate in Alaska to be fully competitive with other oil producing areas--and not among the worst taxing regimes in the free world.  Governor Sean Parnell (NGP Photo) has exercised his leadership and recommended tax reform to the Alaska State Senate, whose republican and democrat coalition leaders continue to vigorously oppose.  

Alaska also has serious challenges with the Federal Government's bending, breaking, abusing the rule of law whenever possible to delay and stop reasonable and traditional natural resource development in Alaska on federal lands.   Governor Sean Parnell and his Attorney General have consistently opposed federal overreach via public comment periods, defensive lawsuits and through use of the "bully pulpit".  Brennan's book, Snowflake Rebellion, anticipates a day in which Alaskans rebel against federal oppression.  

While a Snowflake Rebellion might save Alaska from its federal masters in Washington, it will take a different sort of rebellion to save Alaska from its own, elected leaders.  The first rebellion could be thought of as an "us vs. them" conflict, as in colonial days.  The second rebellion would more closely resemble a civil conflict, as in President Lincoln's day.   Both the state and the federal challenges require the honest analysis, courage and decisive action of citizens to overcome.  -dh

Anchorage Daily Planet by Tom Brennan (NGP Photo).  Any legislator who votes to provide ACES tax relief to Tom Brennan, Anchorage Daily Planet, Snowflake Rebellion, Photo by Dave Harbourcompanies making new North Slope discoveries - but deny it to the legacy field owners - owes the Alaska public an explanation.  This state and its people have a lot at stake in the dispute. The legacy fields are Alaska's heritage, the heart of any future economy. The fields still contain an estimated 4 billion barrels of recoverable oil. The current value of that oil at $120 a barrel is $480 billion. The state's royalty share alone - not counting its tax take - comes to about $85 billion, twice the size of the Alaska Permanent Fund. State taxes of various kinds would reap many billions more.   The state’s tax grab involves esoteric numbers like net profit so I can’t calculate that. But it is safe to say that the total, including royalties, would double or triple that $85 billion.  For reasons that have not been explained, many legislators refuse to pass legislation that would encourage full and prompt development of that resource. They simply say the lower taxes could reduce the state's immediate take by a billion or two a year.  (More....)

Categories:

4-17-12 Could America Experience Dictatorship This Summer?

17 April 2012 2:55am

The US Coast Guard definitely recognizes that the Arctic presents a daunting challenge and the Canadian military of course sees the Arctic as a core concern.


 

Obama’s Quiet Executive Order: Reaffirming and Expanding Presidential Powers

Commentary by

Dave Harbour

(See Similar, Shorter Master Resource Version Here)

We wonder how many of our readers knew that one month ago, the President signed an updated Executive Order (E.O.) -- giving himself access to dictatorial powers -- under the guise of 'national defense' and under authority of the Defense Production Act of 1950.  Upon activation, these powers will control public and private means of production, including energy, mining, timber, fishing and manufacturing production.  And more....

We are suspicious of White House motives because if the reasons for this E.O. (Reprinted below) were noble, we would have been treated to a transparent, presidential announcement and/or press conference.  

This recent action could really be referred to as an update of E.O. 11858 executed on May 7, 1975.  The president authorizes himself to take almost complete control of the country without Congressional assent or budget authority using national defense or even the peacetime preparation for national defense as an excuse for assuming dictatorial powers (See Sec102.  PolicyThe United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national defense equipment in peacetime and in times of national emergency.)

The E.O. goes on under Sec103.  General Functions  to direct, "Executive departments and agencies (agencies) responsible for plans and programs relating to national defense (as defined in section 801(j) of this order), or for resources and services needed to support such plans and programs...to (a)  identify requirements for the full spectrum of emergencies, including essential military and civilian demand; (b)  assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel; (c)  be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements...."

Put These Headlines In Context Of An Administration Building A Case For Why America's Economy Requires Centralized Federal Controls:

CBSObama seeks to confront oil market manipulation

Under pressure to take action on rising gasoline prices, President Obama on Tuesday will ask Congress to implement a plan that entails strengthening federal supervision of oil markets and increasing penalties for market manipulation, a senior administration official confirms to CBS News. The White House plan is more likely to draw sharp election-year distinctions with Republicans than have an immediate effect on prices at the pump.
 
President Obama, facing political problems over high gas prices, will announce a plan today "to increase oversight and crack down on manipulation in oil markets," the White House announced. "At a time when American consumers are feeling pain at the pump, it is critically important to ensure that illegal manipulation, fraud and market rigging are not contributing to gas price increases," said the announcement.
 
In a bid to put Republican rivals on the back foot, President Barack Obama on Tuesday called for Congress to give greater powers and more money to the nation’s commodities regulator in what is shaping up as a major election issue. With gas prices at $4 a gallon, Obama has been on the defensive, with Republican critics saying the administration has been too slow to approve domestic oil projects that could reduce prices.
 
Huffington Post by Jim Garrison.  President Obama's National Defense Resources Preparedness Executive Order of March 16 does to the country as a whole what the 2012 National Defense Authorization Act did to the Constitution in particular -- completely eviscerates any due process or judicial oversight for any action by the Government deemed in the interest of "national security." Like the NDAA, the new Executive Order puts the government completely above the law, which, in a democracy, is never supposed to happen. The United States is essentially now under martial law without the exigencies of a national emergency. 
 

The President doesn't have to wait for the Congress to declare a war or fund a national emergency.  He could  (in our words) "deem an emergency to exist or 'potentially exist' and state in the preamble to a forthcoming directive that, while the country does not face an actual, imminent national security threat, we must prepare for potential threats.  He could, accordingly, assume control of all transportation facilities, food stores and supplies, energy and natural resource production, national water supplies and the nation's health care systems.  Since the E.O. gives authority to control 'services', in his  capacity as Commander-in-Chief of the Armed Forces, he could also assume authority over state and local fire and police services."  If employees of these organizations wished to continue receiving paychecks, they would, of course, comply with federal demands made of them.  Any pensions administered by these organizations could provide adequate, indirect control over pensioners. 

The heads of agencies shall, under this E.O.,  become heads of massive central planning and enforcement efforts, such as those that existed in previous, failed authoritarian societies.  

The principle players in controlling the new American economy and its parts and enforcing this new 'rule by agency', shall include the Departments of Homeland Security (National Defense); Commerce (Means of production and manufacturing base, and all other materials, services, and facilities, including construction materials); the Secretary of Agriculture  (food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer); the Secretary of Energy (controlling public and private energy activity?);  the Secretary of Health and Human Services (health resources, making debate over Obamacare a moot point?); the Secretary of Transportation (all forms of civil transportation, whether publicly or privately owned?); the Secretary of Defense (water resources--meaning that some of its military functions will fall under Homeland Security? )

The above agencies "shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions."

If agencies disagree over which should exercise what control (the U.S. Military and CIA come to mind here), "then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism."

The free market will experience indentured servitude to federal agencies, as "...the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution of any material (including applicable services) in the civilian market.

If agencies run short of cash, no problem, no need to bother Congress.  Just guarantee a loan and charge it to the next generation with approval of the Secretary of Treasury.   Sec302.  LoansTo reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092, to make loans thereunder.  Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB.

And if readers weren't completely sure that the intent of the President's E.O. is to be able to confiscate property, note Sec308.  Government-Owned EquipmentThe head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to: (a)  procure and install additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government owned equipment in plants, factories, or other industrial facilities owned by private persons(b)  provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093....

We believe that were this E.O. honorably intended, the White House would have announced its presence and explained the need for it to the American people a month ago.  We believe that the White House would not have gone to the trouble to construct a way in wartime or peace to have total control of America without Congressional consent, unless it intended to activate that plan.  We believe the White House is now positioned to announce that because of some upcoming news item, 'significant justification exists for activating the E.O.'   What might constitute "significant justification"?   Subjective excuses abound: a declaration of shortage of rare earth and strategic minerals; domestic chaos as we have seen with the 'occupy' movement supported by the White House; a disruption in middle eastern oil deliveries; high gasoline prices; a 'convenient' environmental accident; loss the American dollar reserve currency status; etc.  Effectively, then, the country will be secured under a dictatorship.

The energy industry and Alaska's resources could play an important role in the rise of the 'New America" under authority of this E.O..  The environmental activists so important to White House agendas before now, could become irrelevant under this E.O. -- or redirected to control certain government agencies -- and one could imagine government controlled oil and gas, mining, timber and fishing activity to replace private initiative and efficient operation of the free market.

Here is how Executive Orders came to exist.

Here is the national coverage now beginning to build into a huge issue which the mainstream media will no longer be able to ignore and which will give Mitt Romney new reason for leading a much more aggressive presidential campaign. 

Ann Barnhardt

With news now breaking quickly about this E.O. and its ramifications, we expect activation of its provisions could occur soon, before the public has time to panic and before an organized opposition has time to 1) believe that this could be happening in America, and 2) create an effective defense that can withstand the criticism that it is "defying a lawful Executive Order of the President".

We urge all concerned citizens, however, to not underestimate this Commander-in-Chief's creative use of the E.O., particularly one that might declare that, "due to potential national security concerns, the national elections in November have been postponed until November of 2013."

If the President wanted to allay the concerns arising from a plain reading of the E.O., he need only hold a press conference and explain 1) why this E.O. does not in fact enable the assumption of dictatorial powers, or 2) why this E.O. is intended to and can only be used to coordinate America's assets in the event of a true national emergency -- supported and funded by Congress.  Absent such a revelation, we should remain vigilant.

In this Brave New World, no federal initiative from this point forward should be dismissed as "too extreme, too anti-American, or too impossible."

Write us here, if you agree or disagree with our analysis of this E.O., together with the reasons for your reaction.

God Bless America.

(See reader responses here.)


The Arctic Institute.  

 

The Arctic Institute.  We heard that the Russian and Norwegian navies are preparing for joint exercise POMOR-2012, which will take place in Russian and Norwegian waters and be focused on anti-terror and anti-piracy operations (Barents Observer), while the Russian Border Patrol and the US Coast Guard had a series of meetings in Juneau this week, after which they signed a "document of understanding" covering cooperation on fisheries and law enforcement, among other issues (Juneau Empire). The US Coast Guard definitely recognizes that the Arctic presents a daunting challenge (Sea PowerSan Francisco Chronicle), and the Canadian military of course sees the Arctic as a core concern. See an overview of Canada's largest ongoing military deals HERE from the CBC. Also in Canada, 150 soldiers, divers and rangers are taking part in Operation Nunalivut 2012, working on a couple of different possible scenarios (Nunatsiaq Online). Side note: had you heard about a project to install underwater listening devices along the Northwest Passage (redicecreations.com)? 


White House.  

 

Presidential Executive Order:  http://www.whitehouse.gov/the-press-office/2012/03/16/executive-order-national-defense-resources-preparedness

 

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The White House

Office of the Press Secretary

Executive Order -- National Defense Resources Preparedness

 

EXECUTIVE ORDER

NATIONAL DEFENSE RESOURCES PREPAREDNESS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and section 301 of title 3, United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:

PART I  -  PURPOSE, POLICY, AND IMPLEMENTATION

Section 101.  Purpose.  This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the "Act").

Sec102.  Policy.  The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national defense equipment in peacetime and in times of national emergency.  The domestic industrial and technological base is the foundation for national defense preparedness.  The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States.

Sec103.  General Functions.  Executive departments and agencies (agencies) responsible for plans and programs relating to national defense (as defined in section 801(j) of this order), or for resources and services needed to support such plans and programs, shall:

(a)  identify requirements for the full spectrum of emergencies, including essential military and civilian demand;

(b)  assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;

(c)  be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements;

(d)  improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements; and

(e)  foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, services, components, and equipment to enhance industrial base efficiency and responsiveness.

Sec104.  Implementation.  (a)  The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation of national defense resource preparedness policy and shall make recommendations to the President on the use of authorities under the Act.

(b)  The Secretary of Homeland Security shall:

(1)  advise the President on issues of national defense resource preparedness and on the use of the authorities and functions delegated by this order;

(2)  provide for the central coordination of the plans and programs incident to authorities and functions delegated under this order, and provide guidance to agencies assigned functions under this order, developed in consultation with such agencies; and

(3)  report to the President periodically concerning all program activities conducted pursuant to this order.

(c)  The Defense Production Act Committee, described in section 701 of this order, shall:

(1)  in a manner consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b), advise the President through the Assistant to the President and National Security Advisor, the Assistant to the President for Homeland Security and Counterterrorism, and the Assistant to the President for Economic Policy on the effective use of the authorities under the Act; and

(2)  prepare and coordinate an annual report to the Congress pursuant to section 722(d) of the Act, 50 U.S.C. App. 2171(d).

(d)  The Secretary of Commerce, in cooperation with the Secretary of Defense, the Secretary of Homeland Security, and other agencies, shall:

(1)  analyze potential effects of national emergencies on actual production capability, taking into account the entire production system, including shortages of resources, and develop recommended preparedness measures to strengthen capabilities for production increases in national emergencies; and

(2)  perform industry analyses to assess capabilities of the industrial base to support the national defense, and develop policy recommendations to improve the international competitiveness of specific domestic industries and their abilities to meet national defense program needs.

PART II  -  PRIORITIES AND ALLOCATIONS

Sec201.  Priorities and Allocations Authorities.  (a)  The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071, to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads:

(1)  the Secretary of Agriculture with respect to food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer;

(2)  the Secretary of Energy with respect to all forms of energy;

(3)  the Secretary of Health and Human Services with respect to health resources;

(4)  the Secretary of Transportation with respect to all forms of civil transportation;

(5)  the Secretary of Defense with respect to water resources; and

(6)  the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials.

(b)  The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions.  Each Secretary shall authorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for materials, services, and facilities needed in support of programs approved under section 202 of this order.

(c)  Each resource department shall act, as necessary and appropriate, upon requests for special priorities assistance, as defined by section 801(l) of this order, in a time frame consistent with the urgency of the need at hand.  In situations where there are competing program requirements for limited resources, the resource department shall consult with the Secretary who made the required determination under section 202 of this order.  Such Secretary shall coordinate with and identify for the resource department which program requirements to prioritize on the basis of operational urgency.  In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which program requirements should receive priority on the basis of operational urgency.

(d)  If agreement cannot be reached between two such Secretaries, then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.

(e)  The Secretary of each resource department, when necessary, shall make the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b).  This finding shall be submitted for the President's approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.  Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution of any material (including applicable services) in the civilian market.

Sec202.  Determinations.  Except as provided in section 201(e) of this order, the authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense:

(a)  by the Secretary of Defense with respect to military production and construction, military assistance to foreign nations, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities;

(b)  by the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and

(c)  by the Secretary of Homeland Security with respect to all other national defense programs, including civil defense and continuity of Government.

Sec203.  Maximizing Domestic Energy Supplies.  The authorities of the President under section 101(c)(1) (2) of the Act, 50 U.S.C. App. 2071(c)(1) (2), are delegated to the Secretary of Commerce, with the exception that the authority to make findings that materials (including equipment), services, and facilities are critical and essential, as described in section 101(c)(2)(A) of the Act, 50 U.S.C. App. 2071(c)(2)(A), is delegated to the Secretary of Energy.

Sec204.  Chemical and Biological Warfare.  The authority of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b), is delegated to the Secretary of Defense.  This authority may not be further delegated by the Secretary.

PART III  -  EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

Sec301.  Loan Guarantees.  (a)  To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense, as defined in section 801(h) of this order, is authorized pursuant to section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by private institutions.

(b)  Each guaranteeing agency is designated and authorized to:  (1) act as fiscal agent in the making of its own guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act; and (2) contract with any Federal Reserve Bank to assist the agency in serving as fiscal agent.

(c)  Terms and conditions of guarantees under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget (OMB).  The guaranteeing agency is authorized, following such consultation, to prescribe:  (1) either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with such guarantee contracts; and (2) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection therewith.

Sec302.  Loans.  To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092, to make loans thereunder.  Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB.

Sec303.  Additional Authorities.  (a)  To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303 of the Act, 50 U.S.C. App. 2093, to make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for Government use or resale, and to make provision for the development of production capabilities, and for the increased use of emerging technologies in security program applications, and to enable rapid transition of emerging technologies.

(b)  Materials acquired under section 303 of the Act, 50 U.S.C. App. 2093, that exceed the needs of the programs under the Act may be transferred to the National Defense Stockpile, if, in the judgment of the Secretary of Defense as the National Defense Stockpile Manager, such transfers are in the public interest.

Sec304.  Subsidy Payments.  To ensure the supply of raw or nonprocessed materials from high cost sources, or to ensure maximum production or supply in any area at stable prices of any materials in light of a temporary increase in transportation cost, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(c) of the Act, 50 U.S.C. App. 2093(c), to make subsidy payments, after consultation with the Secretary of the Treasury and the Director of OMB.

Sec305.  Determinations and Findings.  (a)  Pursuant to budget authority provided by an appropriations act in advance for credit assistance under section 301 or 302 of the Act, 50 U.S.C. App. 2091, 2092, and consistent with the Federal Credit Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head of each agency engaged in procurement for the national defense is delegated the authority to make the determinations set forth in sections 301(a)(2) and 302(b)(2) of the Act, in consultation with the Secretary making the required determination under section 202 of this order; provided, that such determinations shall be made after due consideration of the provisions of OMB Circular A 129 and the credit subsidy score for the relevant loan or loan guarantee as approved by OMB pursuant to FCRA.

(b)  Other than any determination by the President under section 303(a)(7)(b) of the Act, the head of each agency engaged in procurement for the national defense is delegated the authority to make the required determinations, judgments, certifications, findings, and notifications defined under section 303 of the Act, 50 U.S.C. App. 2093, in consultation with the Secretary making the required determination under section 202 of this order.

Sec306.  Strategic and Critical Materials.  The Secretary of Defense, and the Secretary of the Interior in consultation with the Secretary of Defense as the National Defense Stockpile Manager, are each delegated the authority of the President under section 303(a)(1)(B) of the Act, 50 U.S.C. App. 2093(a)(1)(B), to encourage the exploration, development, and mining of strategic and critical materials and other materials.

Sec307.  Substitutes.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(g) of the Act, 50 U.S.C. App. 2093(g), to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other resources to aid the national defense.

Sec308.  Government-Owned Equipment.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to:

(a)  procure and install additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government owned equipment in plants, factories, or other industrial facilities owned by private persons;

(b)  provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093; and

(c)  sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to the owners of such plants, factories, or other industrial facilities.

Sec309.  Defense Production Act Fund.  The Secretary of Defense is designated the Defense Production Act Fund Manager, in accordance with section 304(f) of the Act, 50 U.S.C. App. 2094(f), and shall carry out the duties specified in section 304 of the Act, in consultation with the agency heads having approved, and appropriated funds for, projects under title III of the Act.

Sec310.  Critical Items.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to ensure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency.  Appropriate action may include restricting contract solicitations to reliable sources, restricting contract solicitations to domestic sources (pursuant to statutory authority), stockpiling critical components, and developing substitutes for critical components or critical technology items.

Sec311.  Strengthening Domestic Capability.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a), to utilize the authority of title III of the Act or any other provision of law to provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States.

Sec312.  Modernization of Equipment.  The head of each agency engaged in procurement for the national defense, in accordance with section 108(b) of the Act, 50 U.S.C. App. 2078(b), may utilize the authority of title III of the Act to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of the Act.  In considering title III projects, the head of each agency engaged in procurement for the national defense shall provide a strong preference for proposals submitted by a small business supplier or subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2).

PART IV  -  VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES

Sec401.  Delegations.  The authority of the President under sections 708(c) and (d) of the Act, 50 U.S.C. App. 2158(c), (d), is delegated to the heads of agencies otherwise delegated authority under this order.  The status of the use of such delegations shall be furnished to the Secretary of Homeland Security.

Sec402.  Advisory Committees.  The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services.

Sec403.  Regulations.  The Secretary of Homeland Security, after approval of the Attorney General, and after consultation by the Attorney General with the Chairman of the Federal Trade Commission, shall promulgate rules pursuant to section 708(e) of the Act, 50 U.S.C. App. 2158(e), incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out.  Such rules may be adopted by other agencies to fulfill the rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e).

PART V  -  EMPLOYMENT OF PERSONNEL

Sec501.  National Defense Executive Reserve.  (a) In accordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e), there is established in the executive branch a National Defense Executive Reserve (NDER) composed of persons of recognized expertise from various segments of the private sector and from Government (except full time Federal employees) for training for employment in executive positions in the Federal Government in the event of a national defense emergency.

(b)  The Secretary of Homeland Security shall issue necessary guidance for the NDER program, including appropriate guidance for establishment, recruitment, training, monitoring, and activation of NDER units and shall be responsible for the overall coordination of the NDER program.  The authority of the President under section 710(e) of the Act, 50 U.S.C. App. 2160(e), to determine periods of national defense emergency is delegated to the Secretary of Homeland Security.

(c)  The head of any agency may implement section 501(a) of this order with respect to NDER operations in such agency.

(d)  The head of each agency with an NDER unit may exercise the authority under section 703 of the Act, 50 U.S.C. App. 2153, to employ civilian personnel when activating all or a part of its NDER unit.  The exercise of this authority shall be subject to the provisions of sections 501(e) and (f) of this order and shall not be redelegated.

(e)  The head of an agency may activate an NDER unit, in whole or in part, upon the written determination of the Secretary of Homeland Security that an emergency affecting the national defense exists and that the activation of the unit is necessary to carry out the emergency program functions of the agency.

(f)  Prior to activating the NDER unit, the head of the agency shall notify, in writing, the Assistant to the President for Homeland Security and Counterterrorism of the impending activation.

Sec502.  Consultants.  The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations.  The authority delegated by this section may not be redelegated.

PART VI  -  LABOR REQUIREMENTS

Sec601.  Secretary of Labor.  (a)  The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall:

(1)  collect and maintain data necessary to make a continuing appraisal of the Nation's workforce needs for purposes of national defense;

(2)  upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services;

(3)  upon request from the head of an agency with authority under this order, consult with that agency with respect to:  (i) the effect of contemplated actions on labor demand and utilization; (ii) the relation of labor demand to materials and facilities requirements; and (iii) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;

(4)  upon request from the head of an agency with authority under this order:  (i) formulate plans, programs, and policies for meeting the labor requirements of actions to be taken for national defense purposes; and (ii) estimate training needs to help address national defense requirements and promote necessary and appropriate training programs; and

(5)  develop and implement an effective labor management relations policy to support the activities and programs under this order, with the cooperation of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service.

(b)  All agencies shall cooperate with the Secretary of Labor, upon request, for the purposes of this section, to the extent permitted by law.

PART VII  -  DEFENSE PRODUCTION ACT COMMITTEE

Sec701.  The Defense Production Act Committee.  (a)  The Defense Production Act Committee (Committee) shall be composed of the following members, in accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b):

(1)   The Secretary of State;

(2)   The Secretary of the Treasury;

(3)   The Secretary of Defense;

(4)   The Attorney General;

(5)   The Secretary of the Interior;

(6)   The Secretary of Agriculture;

(7)   The Secretary of Commerce;

(8)   The Secretary of Labor;

(9)   The Secretary of Health and Human Services;

(10)  The Secretary of Transportation;

(11)  The Secretary of Energy;

(12)  The Secretary of Homeland Security; 

(13)  The Director of National Intelligence;

(14)  The Director of the Central Intelligence Agency;

(15)  The Chair of the Council of Economic Advisers;

(16)  The Administrator of the National Aeronautics and Space Administration; and

(17)  The Administrator of General Services.

(b)  The Director of OMB and the Director of the Office of Science and Technology Policy shall be invited to participate in all Committee meetings and activities in an advisory role.  The Chairperson, as designated by the President pursuant to section 722 of the Act, 50 U.S.C. App. 2171, may invite the heads of other agencies or offices to participate in Committee meetings and activities in an advisory role, as appropriate.

Sec702.  Offsets.  The Secretary of Commerce shall prepare and submit to the Congress the annual report required by section 723 of the Act, 50 U.S.C. App. 2172, in consultation with the Secretaries of State, the Treasury, Defense, and Labor, the United States Trade Representative, the Director of National Intelligence, and the heads of other agencies as appropriate.  The heads of agencies shall provide the Secretary of Commerce with such information as may be necessary for the effective performance of this function.

PART VIII  -  GENERAL PROVISIONS

Sec801.  Definitions.  In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152, the following definitions apply throughout this order:

(a)  "Civil transportation" includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities.  "Civil transportation" also shall include direction, control, and coordination of civil transportation capacity regardless of ownership.  "Civil transportation" shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly.

(b)  "Energy" means all forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy.

(c)  "Farm equipment" means equipment, machinery, and repair parts manufactured for use on farms in connection with the production or preparation for market use of food resources.

(d)  "Fertilizer" means any product or combination of products that contain one or more of the elements nitrogen, phosphorus, and potassium for use as a plant nutrient.

(e)  "Food resources" means all commodities and products, (simple, mixed, or compound), or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption.  "Food resources" also means potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product.

(f)  "Food resource facilities" means plants, machinery, vehicles (including on farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, and for the domestic distribution of farm equipment and fertilizer (excluding transportation thereof).

(g)  "Functions" include powers, duties, authority, responsibilities, and discretion.

(h)  "Head of each agency engaged in procurement for the national defense" means the heads of the Departments of State, Justice, the Interior, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, the National Aeronautics and Space Administration, the General Services Administration, and all other agencies with authority delegated under section 201 of this order.

(i)  "Health resources" means drugs, biological products, medical devices, materials, facilities, health supplies, services and equipment required to diagnose, mitigate or prevent the impairment of, improve, treat, cure, or restore the physical or mental health conditions of the population.

(j)  "National defense" means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity.  Such term includes emergency preparedness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection and restoration.

(k)  "Offsets" means compensation practices required as a condition of purchase in either government to government or commercial sales of defense articles and/or defense services as defined by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22 C.F.R. 120.1 130.17.

(l)  "Special priorities assistance" means action by resource departments to assist with expediting deliveries, placing rated orders, locating suppliers, resolving production or delivery conflicts between various rated orders, addressing problems that arise in the fulfillment of a rated order or other action authorized by a delegated agency, and determining the validity of rated orders.

(m)  "Strategic and critical materials" means materials (including energy) that (1) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (2) are not found or produced in the United States in sufficient quantities to meet such need and are vulnerable to the termination or reduction of the availability of the material.

(n)  "Water resources" means all usable water, from all sources, within the jurisdiction of the United States, that can be managed, controlled, and allocated to meet emergency requirements, except "water resources" does not include usable water that qualifies as "food resources."

Sec802.  General.  (a)  Except as otherwise provided in section 802(c) of this order, the authorities vested in the President by title VII of the Act, 50 U.S.C. App. 2151 et seq., are delegated to the head of each agency in carrying out the delegated authorities under the Act and this order, by the Secretary of Labor in carrying out part VI of this order, and by the Secretary of the Treasury in exercising the functions assigned in Executive Order 11858, as amended.

(b)  The authorities that may be exercised and performed pursuant to section 802(a) of this order shall include:

(1)  the power to redelegate authorities, and to authorize the successive redelegation of authorities to agencies, officers, and employees of the Government; and

(2)  the power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155, with respect to (i) authorities delegated in parts II, III, and section 702 of this order, and (ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858, as amended, provided that the subpoena power referenced in subsections (i) and (ii) shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer identified in section 802(a) of this order or by such other person or persons as the officer shall designate.

(c)  Excluded from the authorities delegated by section 802(a) of this order are authorities delegated by parts IV and V of this order, authorities in section 721 and 722 of the Act, 50 U.S.C. App. 2170 2171, and the authority with respect to fixing compensation under section 703 of the Act, 50 U.S.C. App. 2153.

Sec803.  Authority.  (a)  Executive Order 12919 of June 3, 1994, and sections 401(3) (4) of Executive Order 12656 of November 18, 1988, are revoked.  All other previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent with this order or are subsequently amended or revoked under proper authority.  Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act.

(b)  Nothing in this order shall affect the authorities assigned under Executive Order 11858 of May 7, 1975, as amended, except as provided in section 802 of this order.

(c)  Nothing in this order shall affect the authorities assigned under Executive Order 12472 of April 3, 1984, as amended.

Sec804.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,

         March 16, 2012

 

Categories:

4-16-12 - "In Alaska Is A Deal A Deal?"

16 April 2012 12:59am

Environment issues largely missing from election campaign - Edmonton Journal - That mash-up of debates has pushed the cleanup of oilsands tailings ponds or greenhouse gas emissions off the agenda, apart from campaign promises made by NDP leader Brian Mason and Alberta Liberal leader Raj Sherman, both of whom are polling low among ...


Governor Sean Parnell Calls For Special Session Re: Gas Pipeline, Oil Taxes and Human Trafficking


See Our Friday Editorial On Business Investment Climate and a Tax Foundation Report


In  Alaska, Is A Deal A Deal?

Commentary by Dave Harbour

Today's Anchorage Daily News Editorial does not encourage Alaska's elected leaders to improve the investment climate and compete with the world's oil suppliers: rather, the Daily News advocates blackmail (i.e. "Invest As We Wish or We Will Continue to Punish You") or bribery (i.e. "If we pull back on progressivity, what exactly do we gain, and on what schedule?").  Note that this hostile, dictatorial, "pay to play" approach occurs while billions in taxpayers' assets are already committed to Alaska, long after lease sale agreements and monies have exchanged hands.  We suspect that if we asked, "Why would Alaska want to treat investors this way," tax and spend advocates would answer, "Because we can."  That attitude is anti-American, anti-free enterprise, and anti-Alaska Constitution because it causes investors to lose faith in Alaska resource development upon which the Constitution predicated Alaska's livelihood.  Mistreating investors is also anti-children, for it frightens investors from wanting to invest now in ways that could employ and sustain our kids later.   Instead, Alaska's legislative leaders should, like Governor Parnell, be seeking to make Alaska competitive, radiating good will and good faith to the world's natural resource investors.   Perhaps the legislature should adopt a natural resource slogan, "In Alaska, A Deal's A Deal".  


Anchorage Daily Planet by Tom Brennan, two stories: 

1.  Brooks RangeKen Thompson, Brooks Range Petroleum, Photo by Dave Harbour Petroleum Corp. has the kind of problem that most independent oil companies would like to have. It made a discovery so large that the company and its partner have begun shopping for another partner with deeper pockets.  Brooks Range is headed up by Ken Thompson (NGP Photo), a former president of ARCO Alaska. When Thompson retired from ARCO, he decided to stay in Alaska and put together a venture capital firm to fund oil and gas exploration operations.

2.  Alaska has a lot of balls in the air right now. And revision of the ACES oil tax is just one of them. An important one, certainly, but there are more.  One big one, obviously, is consideration by the major North Slope leaseholders of a gas pipeline to the Southcentral Alaska Coast and an LNG plant and port facilities to prepare gas for shipment on LNG tankers.  The project would supply Pacific Rim markets where gas prices, at least for now, are quite a bit above those in the U.S., where abundant shale gas has driven prices down. Whether the differential will hold is an interesting question. One major utility in Tokyo is already looking at plans to tanker LNG from the U.S. East Coast.

Governor calling special session on 3 issues -  Coshocton Tribune
Parnell issued a special session call shortly after the House and Senate adjourned their regular session early Monday. Also on the call are HB9, a bill meant to further advance an in-state natural gas pipeline project, and HB359, Parnell's bill to ...
See all stories on this topic »
Oil tax battle rages as Parnell calls for special session - Alaska Dispatch
Sean Parnell called for a special legislative session to start Wednesday, which will focus on oil taxes, an in-state, natural gas pipeline bill, and sex trafficking legislation. The Senate had passed a bill Saturday night that would provide substantial ...
See all stories on this topic »

Alaska Dispatch
House guts Senate oil tax proposal - Anchorage Daily News
Sean Parnell call a special session? Parnell had said he would if the Senate passed an oil tax bill, to give the House time to vet it. But that's before an oil tax overhaul stalled in the Senate bipartisan majority caucus, and the caucus went another ...
See all stories on this topic »
House guts Senate oil tax plan, OKs film credit - Fairbanks Daily News-Miner
The only remaining question was: Will Gov. Sean Parnell call a special session? Parnell had said he would if the Senate passed an oil tax bill, to give the House time to vet it. But that's before an oil tax overhaul stalled in the Senate bipartisan ...
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Stalled oil tax, gasline bills to be heard in new session - Juneau Empire
They ended without taking action on oil taxes, one of Parnell's top priorities, or a small natural gas pipeline, one of House Speaker Mike Chenault, R-Nikiski's top priorities. Those two issues and a popular crime bill caught in the last-minute ...
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Legislature adjourns; special session up next - Anchorage Daily News
By RICHARD MAUER JUNEAU -- After working overtime into early Monday to complete their work, legislators were told by Gov. Sean Parnell that they in fact were not done. He proclaimed a special session starting Wednesday at 1 pm Parnell issued his order ...
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Alaska state House tries to kill Senate oil tax reform - Alaska Dispatch
Sean Parnell, along with many members of the House, had been calling for. A top official at Armstrong Oil & Gas Inc., one of Alaska's new independent oil producers, urged the House to pass the bill. Parnell, however, didn't support the bill because it ...
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As Clock Ticks, Pipeline, Education, Retirement & Autism Bills Linger - KTUU.com
... natural gas pipeline project. Chenault told the Senate Community and Regional Affairs Committee its rewrite of HB9 "neutered" the ability of the Alaska Gasline Development Corp., or AGDC, to advance a project. Earlier this week, Gov. Sean Parnell ...
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Senate passes oil tax reform bill - Anchorage Daily News
... a small-diameter gas pipeline from the North Slope to Southcentral Alaska. In a prepared statement, Gov. Sean Parnell's spokeswoman, Sharon Leighow, said, "HB 276 maintains status quo decline for at least 10 years. We can't afford that.
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Alaska Senate takes new tack on oil taxes - Appleton Post Crescent
Sean Parnell will call lawmakers back into special session to deal with oil taxes. Parnell said earlier this week that he would, if the Senate passed an oil tax bill in the Legislature's last days to give the House time to vet a bill.
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Our view: Oil tax deadlock - Anchorage Daily News
Sean Parnell and the House majority, both of which were too quick on the trigger, with too little information, in last year's session -- proposing to give up billions in tax revenues for not much more than a vague promise from the oil industry.
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Senate Passes Tax Credit for "New" Oil -- Bill Now Heads to House - KTUU.com
But it would extend a 30% tax credit for explorers who find and produce new fields. The measure is far less generous than what Governor Sean Parnell has been asking for. And those who back it say it will help re-fill the Trans Alaska Pipeline.
See all stories on this topic »

Categories:

4-15-12

15 April 2012 11:55am

ADN by Richard Mauer: The Senate on Saturday grabbed a modest, slow-moving bill encouraging petroleum drilling in the state's Interior, boosted it to the top of its agenda and stuffed it with a key piece of the oil tax reform it had been unable to pass in a much larger bill.


 
Sponsored by Rep. Peggy Wilson
Co-Sponsors: Rep. LynnRep. CostelloRep. KawasakiRep. KerttulaRep. JohnsonRep. Tuck

Ak Legislative Majority Ak Legislative Majority
Rep. Peggy Wilson R-2
Ak Legislative Majority
Rep. Peggy Wilson (R-2)
House Majority Whip
Chair, (H) TRA Com. 
Ak Majority Organization
Ak Majority Organization
An Act relating to fiscal notes for bills directing or resulting in the adoption, amendment, or repeal of regulations, and to the notice required for the proposed adoption, amendment, or repeal of a regulation; and providing for an effective date.

Posted: April 10, 2012 : vSCS CSHB 216(STA) - 27-LS0701-L
Bill Version: SCS CSHB 216(STA)
Status: Await Transmit To Gov : 2012-04-14
Contact: Sheila Finkenbinder, 465-6887

HB 216 will accomplish two goals relating to changes to state regulations; increasing the speed with which regulations are written, and describing in plain, easy-to-understand language all regulations that are adopted, amended or repealed. 

Legislators and the public have often been frustrated by the fact that months, or even years, sometimes pass between the time that a bill is passed by the legislature and the time the regulation is implemented. The result is; Alaska residents, businesses and legislators are confused about what the change means. As an example: as we were looking at the governor's 

House Bill 110, on oil taxes, we didn't have proof of what regulations were currently being enforced because the ACES regulations hadn't even been written - three years after we passed the legislation....  (Read more here....)

 

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