text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  
      (a) Short Title.--This Act may be cited as the ``Oil Subsidy 
  Elimination for New Strategies on Energy Act'' or the ``Oil SENSE 
  Act''.
      (b) Table of Contents.--The table of contents for this Act is as 
  follows:
  
  Sec. 1. Short title; table of contents.
  Sec. 2. Findings.
  TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 
                                    2005
  
  Sec. 101. Termination of certain provisions of the Energy Policy Act of 
                              2005.
                   TITLE II--SUSPENSION OF ROYALTY RELIEF
  
  Sec. 201. Suspension of royalty relief.
  Sec. 202. Renegotiation of existing leases.
             TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES
  
  Sec. 301. Repeal of tax subsidies enacted by the Energy Policy Act of 
                              2005 for oil and gas.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) record highs in oil and natural gas prices have 
          resulted in record profits for oil and natural gas producers 
          and refiners;
              (2) oil prices are projected to remain high for the 
          foreseeable future;
              (3) the Department of the Interior estimates that as much 
          as $66,000,000,000 worth of oil and natural gas taken from the 
          deep waters of the Gulf of Mexico over the next 5 years will be 
          exempt from Government royalty payments, which could amount to 
          the Government losing an estimated $7,000,000,000 to 
          $9,500,000,000 based on anticipated production and current 
          price projections for oil and gas, according to an analysis in 
          the 5-year budget plan of the Department of the Interior;
              (4) the chief executive officers of the top 5 oil companies 
          stated at a November 9, 2005, joint hearing of the Committee on 
          Energy and Natural Resource of the Senate and the Committee on 
          Environment and Public Works of the Senate that their companies 
          did not need the Federal tax incentives provided in the Energy 
          Policy Act of 2005 (42 U.S.C. 15801 et seq.);
              (5) the Statement of Administration Policy of June 14, 
          2005, on the energy bill that would become the Energy Policy 
          Act of 2005 states, ``The President believes that additional 
          taxpayer subsidies for oil-and-gas exploration are unwarranted 
          in today's price environment, and urges the Senate to eliminate 
          the Federal oil-and-gas subsidies and other exploration 
          incentives contained in the bill.''; and
              (6) incentives for the energy industry should be focused on 
          the development of renewable energy resources in the United 
          States that will also promote, jobs, investment, innovation, 
          and economic development in rural, agriculture-dependent areas.
  
  TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 
                                    2005
  
  SEC. 101. TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 
                2005.
  
      (a) In General.--The following provisions of the Energy Policy Act 
  of 2005 are repealed as of the date of enactment of this Act:
              (1) Section 343 (42 U.S.C. 15903) (relating to marginal 
          property production incentives).
              (2) Section 344 (42 U.S.C. 15904) (relating to incentives 
          for natural gas production from deep wells in the shallow 
          waters of the Gulf of Mexico).
              (3) Section 345 (42 U.S.C. 15905) (relating to royalty 
          relief for deep water production).
              (4) Section 346 (Public Law 109-58; 119 Stat. 794) 
          (relating to Alaska offshore royalty suspension).
              (5) Section 357 (42 U.S.C. 15912) (relating to 
          comprehensive inventory of OCS oil and natural gas resources).
              (6) Section 362 (42 U.S.C. 15921) (relating to management 
          of Federal oil and gas leasing programs).
              (7) Subtitle J of title IX (42 U.S.C. 16371 et seq.) 
          (relating to ultra-deepwater and unconventional natural gas and 
          other petroleum resources).
      (b) Termination of Alaska Offshore Royalty Suspension.--
              (1) In general.--Section 8(a)(3)(B) of the Outer 
          Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is 
          amended by striking ``and in the Planning Areas offshore 
          Alaska''.
              (2) Effective date.--The amendment made by this subsection 
          shall take effect as of the date of enactment of this Act.
  
                   TITLE II--SUSPENSION OF ROYALTY RELIEF
  
  SEC. 201. SUSPENSION OF ROYALTY RELIEF.
  
      (a) In General.--Subject to subsection (c), the Secretary of the 
  Interior (referred to in this title as the ``Secretary'') shall suspend 
  the application of any provision of Federal law under which a person 
  would otherwise be provided relief from a requirement to pay a royalty 
  for the production of oil or natural gas from Federal land (including 
  submerged land) occurring after the date of enactment of this Act 
  during any period in which--
              (1) for the production of oil, the average price of crude 
          oil in the United States during the 4-week period immediately 
          preceding the suspension is greater than $34.71 per barrel; and
              (2) for the production of natural gas, the average wellhead 
          price of natural gas in the United States during the 4-week 
          period immediately preceding the suspension is greater than 
          $4.34 per 1,000 cubic feet.
      (b) Determination of Average Prices.--For purposes of subsection 
  (a), the Secretary shall determine average prices, taking into 
  consideration the most recent data reported by the Energy Information 
  Administration.
      (c) Required Adjustment.--For fiscal year 2008 and each subsequent 
  fiscal year, each dollar amount specified in subsection (a) shall be 
  adjusted to reflect changes for the 1-year period ending the preceding 
  November 30 in the Consumer Price Index for All Urban Consumers 
  published by the Bureau of Labor Statistics of the Department of Labor.
  
  SEC. 202. RENEGOTIATION OF EXISTING LEASES.
  
      (a) Requirement.--The Secretary shall renegotiate each lease 
  authorizing production of oil or natural gas on Federal land (including 
  submerged land) issued by the Secretary before the date of enactment of 
  this Act as the Secretary determines to be necessary to modify the 
  terms of the lease to ensure that a suspension of a requirement to pay 
  royalties under the lease does not apply to production described in 
  section 201(a).
      (b) Failure to Renegotiate and Modify.--Beginning on the date that 
  is 1 year after the date of enactment of this Act, a lessee under a 
  lease described in subsection (a) shall not be eligible--
              (1) to enter into a new lease described in that subsection; 
          or
              (2) to obtain by sale or other transfer any lease issued 
          before that date, unless the lessee--
                      (A) renegotiates the lease; and
                      (B) enters into an agreement with the Secretary to 
                  modify the terms of the lease in accordance with 
                  subsection (a).
  
             TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES
  
  SEC. 301. REPEAL OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005 
                PROVIDING TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY.
  
      (a) Repeal of Election to Expense Certain Refineries.--
              (1) In general.--Subparagraph (B) of section 179C(c)(1) of 
          the Internal Revenue Code of 1986 (relating to qualified 
          refinery property) is amended by striking ``January 1, 2012'' 
          and inserting ``the date of the enactment of the Oil Subsidy 
          Elimination for New Strategies on Energy Act''.
              (2) Effective date.--The amendment made by paragraph (1) 
          shall apply to property placed in service after the date of the 
          enactment of this Act.
      (b) Repeal of Treatment of Natural Gas Distribution Lines as 15-
  Year Property.--
              (1) In general.--Clause (viii) of section 168(e)(3)(E) of 
          such Code (relating to 15-year property) is amended by striking 
          ``January 1, 2011'' and inserting ``the Oil Subsidy Elimination 
          for New Strategies on Energy Act''.
              (2) Effective date.--The amendment made by paragraph (1) 
          shall apply to property placed in service after the date of the 
          enactment of this Act.
      (c) Repeal of Treatment of Natural Gas Gathering Lines as 7-Year 
  Property.--
              (1) In general.--Clause (iv) of section 168(e)(3)(C) of 
          such Code (relating to 7-year property) is amended by inserting 
          ``and which is placed in service before the date of the 
          enactment of the Oil Subsidy Elimination for New Strategies on 
          Energy Act'' after ``April 11, 2005,''.
              (2) Effective date.--The amendment made by paragraph (1) 
          shall apply to property placed in service after the date of the 
          enactment of this Act.
      (d) Repeal of New Rule for Determining Small Refiner Exception to 
  Oil Depletion Deduction.--
              (1) In general.--Paragraph (4) of section 613A(d) of such 
          Code (relating to certain refiners excluded) is amended to read 
          as follows:
              ``(4) Certain refiners excluded.--If the taxpayer or a 
          related person engages in the refining of crude oil, subsection 
          (c) shall not apply to such taxpayer if on any day during the 
          taxable year the refinery runs of the taxpayer and such person 
          exceed 50,000 barrels.''.
              (2) Effective date.--The amendment made by paragraph (1) 
          shall apply to taxable years beginning after the date of the 
          enactment of this Act.
      (e) Repeal of Amortization of Geological and Geophysical 
  Expenditures.--
              (1) In general.--Section 167 of such Code (relating to 
          depreciation) is amended by striking subsection (h) and 
          redesignating subsection (i) as subsection (h).
              (2) Conforming amendment.--Section 263A(c)(3) of such Code 
          is amended by striking ``167(h),''.
              (3) Effective date.--The amendments made by this subsection 
          shall apply to amounts paid or incurred after the date of the 
          enactment of this Act.
target: Oil Subsidy Elimination for New Strategies on Energy Act or the Oil SENSE Act - Repeals provisions of the Energy Policy Act of 2005 relating to: (1) incentives for production from marginal oil wells; (2) incentives for natural gas production in the Gulf of Mexico; (3) royalty relief for deep water production; (4) Alaska offshore royalty suspension; (5) the inventory of Outer Continental Shelf oil and natural gas resources; (6) management of federal oil and gas leasing programs; and (7) ultra-deepwater and unconventional natural gas and other petroleum resources.
  
  Requires the Secretary of the Interior to: (1) suspend royalty relief for producers of oil or natural gas on federal lands during periods in which oil and natural gas production is at certain levels; and (2) renegotiate certain existing leases for oil and natural gas production on federal land.
  
  Repeals provisions of the Internal Revenue Code relating to: (1) the election to expense certain costs associated with liquid fuel refineries; (2) accelerated depreciation of natural gas distribution lines and natural gas gathering lines; and (3) accelerated amortization of geological and geophysical expenditures. Reduces the daily barrel production requirement (from 75,000 to 50,000) applicable to small refiners eligible for the exemption from limitations on the oil and gas depletion allowance.
feat_title: A bill to suspend royalty relief, to repeal certain provisions of the Energy Policy Act of 2005, and to amend the Internal Revenue Code of 1986 to repeal certain tax incentives for the oil and gas industry.