U.S. Congress - Text of H.R.4480 as Referred in Senate Streamlining Permitting of American Energy Act of 2012
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Donate NowH.R.4480 - Streamlining Permitting of American Energy Act of 2012
To provide for the development of a plan to increase oil and gas exploration, development, and production under oil and gas leases of Federal lands under the jurisdiction of the Secretary of Agriculture, the Secretary of Energy, the Secretary of the Interior, and the Secretary of Defense in response to a drawdown of petroleum reserves from the Strategic Petroleum Reserve.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 759 | n/a | n/a |
| Reported in House | 1,098 | 8 | 35% |
| Engrossed in House | 9,663 | 17 | 96% |
| Referred in Senate | 9,570 | 5 Show Changes Hide Changes | 1% |
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HR 4480 EHRFSCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 4480CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
June 25, 2012CommentsClose CommentsPermalink
June 25, 2012CommentsClose CommentsPermalink
Received; read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
To provide for the development of a plan to increase oil and gas exploration, development, and production under oil and gas leases of Federal lands under the jurisdiction of the Secretary of Agriculture, the Secretary of Energy, the Secretary of the Interior, and the Secretary of Defense in response to a drawdown of petroleum reserves from the Strategic Petroleum Reserve.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Domestic Energy and Jobs Act’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
TITLE I--INCREASING DOMESTIC OIL AND GAS EXPLORATION, DEVELOPMENT, AND PRODUCTION IN RESPONSE TO STRATEGIC PETROLEUM RESERVE DRAWDOWNS
Sec. 101. Short title.CommentsClose CommentsPermalink
Sec. 102. Plan for increasing domestic oil and gas exploration, development, and production from Federal lands in response to Strategic Petroleum Reserve drawdown.CommentsClose CommentsPermalink
TITLE II--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICES
Sec. 201. Short title.CommentsClose CommentsPermalink
Sec. 202. Transportation Fuels Regulatory Committee.CommentsClose CommentsPermalink
Sec. 203. Analyses.CommentsClose CommentsPermalink
Sec. 204. Reports; public comment.CommentsClose CommentsPermalink
Sec. 205. No final action on certain rules.CommentsClose CommentsPermalink
Sec. 206. Consideration of feasibility and cost in revising or supplementing national ambient air quality standards for ozone.CommentsClose CommentsPermalink
Sec. 207. Fuel requirements waiver and study.CommentsClose CommentsPermalink
TITLE III--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION STRATEGY
Sec. 301. Short title.CommentsClose CommentsPermalink
Sec. 302. Onshore domestic energy production strategic plan.CommentsClose CommentsPermalink
Sec. 303. Definitions.CommentsClose CommentsPermalink
TITLE IV--ONSHORE OIL AND GAS LEASING CERTAINTY
Sec. 401. Short title.CommentsClose CommentsPermalink
Sec. 402. Minimum acreage requirement for onshore lease sales.CommentsClose CommentsPermalink
Sec. 403. Leasing certainty.CommentsClose CommentsPermalink
Sec. 404. Leasing consistency.CommentsClose CommentsPermalink
Sec. 405. Reduce redundant policies.CommentsClose CommentsPermalink
TITLE V--STREAMLINED ENERGY PERMITTING
Sec. 501. Short title.CommentsClose CommentsPermalink
Subtitle A--Application for Permits to Drill Process Reform
Sec. 511. Permit to drill application timeline.CommentsClose CommentsPermalink
Sec. 512. Solar and wind right-of-way rental reform.CommentsClose CommentsPermalink
Subtitle B--Administrative Protest Documentation Reform
Sec. 521. Administrative protest documentation reform.CommentsClose CommentsPermalink
Subtitle C--Permit Streamlining
Sec. 531. Improve Federal energy permit coordination.CommentsClose CommentsPermalink
Sec. 532. Administration of current law.CommentsClose CommentsPermalink
Sec. 533. Policies regarding buying, building, and working for America.CommentsClose CommentsPermalink
Subtitle D--Judicial Review
Sec. 541. Definitions.CommentsClose CommentsPermalink
Sec. 542. Exclusive venue for certain civil actions relating to covered energy projects.CommentsClose CommentsPermalink
Sec. 543. Timely filing.CommentsClose CommentsPermalink
Sec. 544. Expedition in hearing and determining the action.CommentsClose CommentsPermalink
Sec. 545. Standard of review.CommentsClose CommentsPermalink
Sec. 546. Limitation on injunction and prospective relief.CommentsClose CommentsPermalink
Sec. 547. Limitation on attorneys’ fees.CommentsClose CommentsPermalink
Sec. 548. Legal standing.CommentsClose CommentsPermalink
TITLE VI--EXPEDITIOUS PROGRAM OF OIL AND GAS LEASING IN THE NATIONAL PETROLEUM RESERVE IN ALASKA
Sec. 601. Short title.CommentsClose CommentsPermalink
Sec. 602. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska.CommentsClose CommentsPermalink
Sec. 603. National Petroleum Reserve in Alaska: lease sales.CommentsClose CommentsPermalink
Sec. 604. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction.CommentsClose CommentsPermalink
Sec. 605. Departmental Accountability for Development.CommentsClose CommentsPermalink
Sec. 606. Updated resource assessment.CommentsClose CommentsPermalink
Sec. 607. Colville River designation.CommentsClose CommentsPermalink
TITLE VII--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES
Sec. 701. Short title.CommentsClose CommentsPermalink
Sec. 702. Internet-based onshore oil and gas lease sales.CommentsClose CommentsPermalink
TITLE VIII--SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM TEMPERATURE COMMERCIAL REFRIGERATORS
Sec. 801. Service over the counter, self-contained, medium temperature commercial refrigerators.CommentsClose CommentsPermalink
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Limitation on transfer of functions under the Mining Law Program or the Solid Minerals Leasing Program.CommentsClose CommentsPermalink
Sec. 902. Amount of distributed qualified Outer Continental Shelf revenues.CommentsClose CommentsPermalink
Sec. 903. Lease Sale 220 and other lease sales off the coast of Virginia.CommentsClose CommentsPermalink
TITLE X--ADVANCING OFFSHORE WIND PRODUCTION
Sec. 1001. Short title.CommentsClose CommentsPermalink
Sec. 1002. Offshore meteorological site testing and monitoring projects.CommentsClose CommentsPermalink
TITLE I--INCREASING DOMESTIC OIL AND GAS EXPLORATION, DEVELOPMENT, AND PRODUCTION IN RESPONSE TO STRATEGIC PETROLEUM RESERVE DRAWDOWNSCommentsClose CommentsPermalink
TITLE I--INCREASING DOMESTIC OIL AND GAS EXPLORATION, DEVELOPMENT, AND PRODUCTION IN RESPONSE TO STRATEGIC PETROLEUM RESERVE DRAWDOWNSCommentsClose CommentsPermalink
SEC. 101. SHORT TITLE.
This title may be cited as the ‘Strategic Energy Production Act of 2012’.CommentsClose CommentsPermalink
SEC. 102. PLAN FOR INCREASING DOMESTIC OIL AND GAS EXPLORATION, DEVELOPMENT, AND PRODUCTION FROM FEDERAL LANDS IN RESPONSE TO STRATEGIC PETROLEUM RESERVE DRAWDOWN.
Section 161 of the Energy Policy and Conservation Act (
‘(k) Plan-CommentsClose CommentsPermalink
‘(1) CONTENTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 180 days after the date on which the Secretary executes, in accordance with the provisions of this section, the first sale after the date of enactment of this subsection of petroleum products in the Reserve the Secretary shall develop a plan to increase the percentage of Federal lands (including submerged lands of the Outer Continental Shelf) under the jurisdiction of the Secretary of Agriculture, the Secretary of Energy, the Secretary of the Interior, and the Secretary of Defense leased for oil and gas exploration, development, and production. The percentage of the total amount of the Federal lands described in the preceding sentence by which the plan developed under this paragraph will increase leasing for oil and gas exploration, development, and production shall be the same as the percentage of petroleum in the Strategic Petroleum Reserve that was drawn down.CommentsClose CommentsPermalink
‘(B) REQUIREMENTS- The plan developed under this paragraph shall--CommentsClose CommentsPermalink
‘(i) be consistent with a national energy policy to meet the present and future energy needs of the Nation consistent with economic goals; andCommentsClose CommentsPermalink
‘(ii) promote the interests of consumers through the provision of an adequate and reliable supply of domestic transportation fuels at the lowest reasonable cost.CommentsClose CommentsPermalink
‘(C) ENERGY INFORMATION- The Secretary shall base the determination of the present and future energy needs of the Nation, for purposes of subparagraph (B)(i), on information from the Energy Information Administration.CommentsClose CommentsPermalink
‘(2) LIMITATION- The plan developed under paragraph (1) shall not provide for oil and gas exploration, development, and production leasing of a total of more than 10 percent of the Federal lands described in paragraph (1)(A).CommentsClose CommentsPermalink
‘(3) CONSULTATION- The Secretary shall develop the plan required by paragraph (1) in consultation with the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Defense. Additionally, in developing the plan, the Secretary shall consult with the American Association of Petroleum Geologists and other State, environmentalist, and oil and gas industry stakeholders to determine the most geologically promising lands for production of oil and natural gas liquids.CommentsClose CommentsPermalink
‘(4) CONCURRENCE- The plan required by paragraph (1) shall not take effect without the concurrence of each of the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Defense with respect to elements of the plan within the jurisdiction, respectively, of the Department of Agriculture, the Department of the Interior, and the Department of Defense.CommentsClose CommentsPermalink
‘(5) COMPLIANCE WITH REQUIREMENTS- Each Federal agency described in paragraph (1)(A) shall comply with any requirements established by the Secretary pursuant to the plan, except that no action shall be taken pursuant to the plan if in the view of the Secretary of Defense such action will adversely affect national security or military activities, including preparedness and training.CommentsClose CommentsPermalink
‘(6) EXCLUSIONS- The lands referred to in paragraph (1)(A) shall not include lands managed under the National Park System or the National Wilderness Preservation System.CommentsClose CommentsPermalink
‘(7) SAVINGS CLAUSE- Nothing in this subsection shall be construed to limit or affect the application of existing restrictions on offshore drilling or requirements for land management under Federal, State, or local law.’.CommentsClose CommentsPermalink
TITLE II--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICESCommentsClose CommentsPermalink
TITLE II--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICESCommentsClose CommentsPermalink
SEC. 201. SHORT TITLE.
This title may be cited as the ‘Gasoline Regulations Act of 2012’.CommentsClose CommentsPermalink
SEC. 202. TRANSPORTATION FUELS REGULATORY COMMITTEE.
(a) Establishment- The President shall establish a committee to be known as the Transportation Fuels Regulatory Committee (in this title referred to as the ‘Committee’) to analyze and report on the cumulative impacts of certain rules and actions of the Environmental Protection Agency on gasoline, diesel fuel, and natural gas prices, in accordance with sections 203 and 204.CommentsClose CommentsPermalink
(b) Members- The Committee shall be composed of the following officials (or their designees):CommentsClose CommentsPermalink
(1) The Secretary of Energy, who shall serve as the Chair of the Committee.CommentsClose CommentsPermalink
(2) The Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration.CommentsClose CommentsPermalink
(3) The Secretary of Commerce, acting through the Chief Economist and the Under Secretary for International Trade.CommentsClose CommentsPermalink
(4) The Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics.CommentsClose CommentsPermalink
(5) The Secretary of the Treasury, acting through the Deputy Assistant Secretary for Environment and Energy of the Department of the Treasury.CommentsClose CommentsPermalink
(6) The Secretary of Agriculture, acting through the Chief Economist.CommentsClose CommentsPermalink
(7) The Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink
(8) The Chairman of the United States International Trade Commission, acting through the Director of the Office of Economics.CommentsClose CommentsPermalink
(9) The Administrator of the Energy Information Administration.CommentsClose CommentsPermalink
(c) Consultation by Chair- In carrying out the functions of the Chair of the Committee, the Chair shall consult with the other members of the Committee.CommentsClose CommentsPermalink
(d) Consultation by Committee- In carrying out this title, the Committee shall consult with the National Energy Technology Laboratory.CommentsClose CommentsPermalink
(e) Termination- The Committee shall terminate 60 days after submitting its final report pursuant to section 204(c).CommentsClose CommentsPermalink
SEC. 203. ANALYSES.
(a) Scope- The Committee shall conduct analyses, for each of the calendar years 2016 and 2020, of the cumulative impact of all covered rules, in combination with covered actions.CommentsClose CommentsPermalink
(b) Contents- The Committee shall include in each analysis conducted under this section the following:CommentsClose CommentsPermalink
(1) Estimates of the cumulative impacts of the covered rules and covered actions with regard to--CommentsClose CommentsPermalink
(A) any resulting change in the national, State, or regional price of gasoline, diesel fuel, or natural gas;CommentsClose CommentsPermalink
(B) required capital investments and projected costs for operation and maintenance of new equipment required to be installed;CommentsClose CommentsPermalink
(C) global economic competitiveness of the United States and any loss of domestic refining capacity;CommentsClose CommentsPermalink
(D) other cumulative costs and cumulative benefits, including evaluation through a general equilibrium model approach;CommentsClose CommentsPermalink
(E) national, State, and regional employment, including impacts associated with changes in gasoline, diesel fuel, or natural gas prices and facility closures; andCommentsClose CommentsPermalink
(F) any other matters affecting the growth, stability, and sustainability of the Nation’s oil and gas industries, particularly relative to that of other nations.CommentsClose CommentsPermalink
(2) Discussion of key uncertainties and assumptions associated with each estimate under paragraph (1).CommentsClose CommentsPermalink
(3) A sensitivity analysis reflecting alternative assumptions with respect to the aggregate demand for gasoline, diesel fuel, or natural gas.CommentsClose CommentsPermalink
(4) Discussion, and where feasible an assessment, of the cumulative impact of the covered rules and covered actions on--CommentsClose CommentsPermalink
(A) consumers;CommentsClose CommentsPermalink
(B) small businesses;CommentsClose CommentsPermalink
(C) regional economies;CommentsClose CommentsPermalink
(D) State, local, and tribal governments;CommentsClose CommentsPermalink
(E) low-income communities;CommentsClose CommentsPermalink
(F) public health; andCommentsClose CommentsPermalink
(G) local and industry-specific labor markets,CommentsClose CommentsPermalink
as well as key uncertainties associated with each topic listed in subparagraphs (A) through (G).CommentsClose CommentsPermalink
(c) Methods- In conducting analyses under this section, the Committee shall use the best available methods, consistent with guidance from the Office of Information and Regulatory Affairs and the Office of Management and Budget Circular A-4.CommentsClose CommentsPermalink
(d) Data- In conducting analyses under this section, the Committee is not required to create data or to use data that is not readily accessible.CommentsClose CommentsPermalink
(e) Covered Rules- In this section, the term ‘covered rule’ means the following rules (and includes any successor or substantially similar rules):CommentsClose CommentsPermalink
(1) ‘Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards’, as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060-AQ86.CommentsClose CommentsPermalink
(2) Any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard under section 111 or 112 of the Clean Air Act (
(3) Any rule proposed after March 15, 2012, for implementation of the Renewable Fuel Program under section 211(o) of the Clean Air Act (
(4) ‘National Ambient Air Quality Standards for Ozone’, published at 73 Federal Register 16436 (March 27, 2008); ‘Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards’, as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060-AP98; and any subsequent rule revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (
(f) Covered Actions- In this section, the term ‘covered action’ means any action, to the extent such action affects facilities involved in the production, transportation, or distribution of gasoline, diesel fuel, or natural gas, taken on or after January 1, 2009, by the Administrator of the Environmental Protection Agency, a State, a local government, or a permitting agency as a result of the application of part C of title I (relating to prevention of significant deterioration of air quality), or title V (relating to permitting), of the Clean Air Act (
SEC. 204. REPORTS; PUBLIC COMMENT.
(a) Preliminary Report- Not later than 90 days after the date of enactment of this Act, the Committee shall make public and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a preliminary report containing the results of the analyses conducted under section 203.CommentsClose CommentsPermalink
(b) Public Comment Period- The Committee shall accept public comments regarding the preliminary report submitted under subsection (a) for a period of 60 days after such submission.CommentsClose CommentsPermalink
(c) Final Report- Not later than 60 days after the close of the public comment period under subsection (b), the Committee shall submit to Congress a final report containing the analyses conducted under section 203, including any revisions to such analyses made as a result of public comments, and a response to such comments.CommentsClose CommentsPermalink
SEC. 205. NO FINAL ACTION ON CERTAIN RULES.
(a) In General- The Administrator of the Environmental Protection Agency shall not finalize any of the following rules until a date (to be determined by the Administrator) that is at least 6 months after the day on which the Committee submits the final report under section 204(c):CommentsClose CommentsPermalink
(1) ‘Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards’, as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060-AQ86, and any successor or substantially similar rule.CommentsClose CommentsPermalink
(2) Any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard under section 111 or 112 of the Clean Air Act (
(3) Any rule revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (
(b) Other Rules Not Affected- Subsection (a) shall not affect the finalization of any rule other than the rules described in such subsection.CommentsClose CommentsPermalink
SEC. 206. CONSIDERATION OF FEASIBILITY AND COST IN REVISING OR SUPPLEMENTING NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE.
In revising or supplementing any national primary or secondary ambient air quality standards for ozone under section 109 of the Clean Air Act (
SEC. 207. FUEL REQUIREMENTS WAIVER AND STUDY.
(a) Waiver of Fuel Requirements- Section 211(c)(4)(C) of the Clean Air Act (
(1) in clause (ii)(II), by inserting ‘a problem with distribution or delivery equipment necessary for the transportation or delivery of fuel or fuel additives,’ after ‘equipment failure,’;CommentsClose CommentsPermalink
(2) in clause (iii)(II), by inserting before the semicolon at the end the following: ‘(except that the Administrator may extend the effectiveness of a waiver for more than 20 days if the Administrator determines that the conditions under clause (ii) supporting a waiver determination will exist for more than 20 days)’;CommentsClose CommentsPermalink
(3) by redesignating the second clause (v) (relating to the authority of the Administrator to approve certain State implementation plans) as clause (vi); andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(vii) Presumptive Approval- Notwithstanding any other provision of this subparagraph, if the Administrator does not approve or deny a request for a waiver under this subparagraph within 3 days after receipt of the request, the request shall be deemed to be approved as received by the Administrator and the applicable fuel standards shall be deemed to be waived for the period of time requested.’.CommentsClose CommentsPermalink
(b) Fuel System Requirements Harmonization Study- Section 1509 of the Energy Policy Act of 2005 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1)(A), by inserting ‘biofuels,’ after ‘oxygenated fuel,’;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (B)--CommentsClose CommentsPermalink
(I) by redesignating clause (ii) as clause (iii);CommentsClose CommentsPermalink
(II) in clause (i), by striking ‘and’ after the semicolon; andCommentsClose CommentsPermalink
(III) by inserting after clause (i) the following:CommentsClose CommentsPermalink
‘(i) the renewable fuel standard; and’; andCommentsClose CommentsPermalink
(IV) in subparagraph (G), by inserting ‘or Tier III’ after ‘Tier II’; andCommentsClose CommentsPermalink
(2) in subsection (b)(1), by striking ‘2008’ and inserting ‘2014’.CommentsClose CommentsPermalink
TITLE III--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION STRATEGYCommentsClose CommentsPermalink
TITLE III--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION STRATEGYCommentsClose CommentsPermalink
SEC. 301. SHORT TITLE.
This title may be cited as the ‘Planning for American Energy Act of 2012’.CommentsClose CommentsPermalink
SEC. 302. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.
(a) In General- The Mineral Leasing Act (
‘SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION STRATEGY.
‘(a) In General-CommentsClose CommentsPermalink
‘(1) The Secretary of the Interior (hereafter in this section referred to as ‘Secretary’), in consultation with the Secretary of Agriculture with regard to lands administered by the Forest Service, shall develop and publish every 4 years a Quadrennial Federal Onshore Energy Production Strategy. This Strategy shall direct Federal land energy development and department resource allocation in order to promote the energy security of the United States.CommentsClose CommentsPermalink
‘(2) In developing this Strategy, the Secretary shall consult with the Administrator of the Energy Information Administration on the projected energy demands of the United States for the next 30-year period, and how energy derived from Federal onshore lands can put the United States on a trajectory to meet that demand during the next 4-year period. The Secretary shall consider how Federal lands will contribute to ensuring national energy security, with a goal for increasing energy independence and production, during the next 4-year period.CommentsClose CommentsPermalink
‘(3) The Secretary shall determine a domestic strategic production objective for the development of energy resources from Federal onshore lands. Such objective shall be--CommentsClose CommentsPermalink
‘(A) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil and natural gas from the Federal onshore mineral estate, with a focus on lands held by the Bureau of Land Management and the Forest Service;CommentsClose CommentsPermalink
‘(B) the best estimate, based upon commercial and scientific data, of the expected increase in domestic coal production from Federal lands;CommentsClose CommentsPermalink
‘(C) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of strategic and critical energy minerals from the Federal onshore mineral estate;CommentsClose CommentsPermalink
‘(D) the best estimate, based upon commercial and scientific data, of the expected increase in megawatts for electricity production from each of the following sources: wind, solar, biomass, hydropower, and geothermal energy produced on Federal lands administered by the Bureau of Land Management and the Forest Service;CommentsClose CommentsPermalink
‘(E) the best estimate, based upon commercial and scientific data, of the expected increase in unconventional energy production, such as oil shale;CommentsClose CommentsPermalink
‘(F) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil, natural gas, coal, and other renewable sources from tribal lands for any federally recognized Indian tribe that elects to participate in facilitating energy production on its lands; andCommentsClose CommentsPermalink
‘(G) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of geothermal, solar, wind, or other renewable energy sources on lands defined as ‘available lands’ by section 203 of the Hawaiian Homes Commission Act, 1920, and any other lands deemed by the Territory or State of Hawaii, as the case may be, to be included within that definition.CommentsClose CommentsPermalink
‘(4) The Secretary shall consult with the Administrator of the Energy Information Administration regarding the methodology used to arrive at its estimates for purposes of this section.CommentsClose CommentsPermalink
‘(5) The Secretary has the authority to expand the energy development plan to include other energy production technology sources or advancements in energy on Federal lands.CommentsClose CommentsPermalink
‘(b) Tribal Objectives- It is the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy under this section. The Secretary shall work in cooperation with any federally recognized Indian tribe that elects to participate in achieving its own strategic energy objectives designated under this subsection.CommentsClose CommentsPermalink
‘(c) Execution of the Strategy- The relevant Secretary shall have all necessary authority to make determinations regarding which additional lands will be made available in order to meet the production objectives established by strategies under this section. The Secretary shall also take all necessary actions to achieve these production objectives unless the President determines that it is not in the national security and economic interests of the United States to increase Federal domestic energy production and to further decrease dependence upon foreign sources of energy. In administering this section, the relevant Secretary shall only consider leasing Federal lands available for leasing at the time the lease sale occurs.CommentsClose CommentsPermalink
‘(d) State, Federally Recognized Indian Tribes, Local Government, and Public Input- In developing each strategy, the Secretary shall solicit the input of affected States, federally recognized Indian tribes, local governments, and the public.CommentsClose CommentsPermalink
‘(e) Reporting- The Secretary shall report annually to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of meeting the production goals set forth in the strategy. The Secretary shall identify in the report projections for production and capacity installations and any problems with leasing, permitting, siting, or production that will prevent meeting the goal. In addition, the Secretary shall make suggestions to help meet any shortfalls in meeting the production goals.CommentsClose CommentsPermalink
‘(f) Programmatic Environmental Impact Statement- Not later than 12 months after the date of enactment of this section, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (
), the Secretary shall complete a programmatic environmental impact statement. This programmatic environmental impact statement will be deemed sufficient to comply with all requirements under that Act for all necessary resource management and land use plans associated with the implementation of the strategy.CommentsClose CommentsPermalink 42 U.S.C. 4332(2)(C) ‘(g) Congressional Review- At least 60 days prior to publishing a proposed strategy under this section, the Secretary shall submit it to the President and the Congress, together with any comments received from States, federally recognized Indian tribes, and local governments. Such submission shall indicate why any specific recommendation of a State, federally recognized Indian tribe, or local government was not accepted.’.CommentsClose CommentsPermalink
(b) First Quadrennial Strategy- Not later than 18 months after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress the first Quadrennial Federal Onshore Energy Production Strategy under the amendment made by subsection (a).CommentsClose CommentsPermalink
SEC. 303. DEFINITIONS.
For purposes of this title, the term ‘strategic and critical energy minerals’ means those that are necessary for the Nation’s energy infrastructure including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production and those that are necessary to support domestic manufacturing, including but not limited to, materials used in energy generation, production, and transportation.CommentsClose CommentsPermalink
TITLE IV--ONSHORE OIL AND GAS LEASING CERTAINTYCommentsClose CommentsPermalink
TITLE IV--ONSHORE OIL AND GAS LEASING CERTAINTYCommentsClose CommentsPermalink
SEC. 401. SHORT TITLE.
This title may be cited as the ‘Providing Leasing Certainty for American Energy Act of 2012’.CommentsClose CommentsPermalink
SEC. 402. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES.
In conducting lease sales as required by section 17(a) of the Mineral Leasing Act (
(1) The Secretary shall offer for sale no less than 25 percent of the annual nominated acreage not previously made available for lease. Acreage offered for lease pursuant to this paragraph shall not be subject to protest and shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 (
(2) In administering this section, the Secretary shall only consider leasing of Federal lands that are available for leasing at the time the lease sale occurs.CommentsClose CommentsPermalink
SEC. 403. LEASING CERTAINTY.
Section 17(a) of the Mineral Leasing Act (
‘(2)(A) The Secretary shall not withdraw any covered energy project issued under this Act without finding a violation of the terms of the lease by the lessee.CommentsClose CommentsPermalink
‘(B) The Secretary shall not infringe upon lease rights under leases issued under this Act by indefinitely delaying issuance of project approvals, drilling and seismic permits, and rights of way for activities under such a lease.CommentsClose CommentsPermalink
‘(C) No later than 18 months after an area is designated as open under the current land use plan the Secretary shall make available nominated areas for lease under the criteria in section 2.CommentsClose CommentsPermalink
‘(D) Notwithstanding any other law, the Secretary shall issue all leases sold no later than 60 days after the last payment is made.CommentsClose CommentsPermalink
‘(E) The Secretary shall not cancel or withdraw any lease parcel after a competitive lease sale has occurred and a winning bidder has submitted the last payment for the parcel.CommentsClose CommentsPermalink
‘(F) Not later than 60 days after a lease sale held under this Act, the Secretary shall adjudicate any lease protests filed following a lease sale. If after 60 days any protest is left unsettled, said protest is automatically denied and appeal rights of the protestor begin.CommentsClose CommentsPermalink
‘(G) No additional lease stipulations may be added after the parcel is sold without consultation and agreement of the lessee, unless the Secretary deems such stipulations as emergency actions to conserve the resources of the United States.’.CommentsClose CommentsPermalink
SEC. 404. LEASING CONSISTENCY.
Federal land managers must follow existing resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until such time as a new record of decision is signed.CommentsClose CommentsPermalink
SEC. 405. REDUCE REDUNDANT POLICIES.
Bureau of Land Management Instruction Memorandum 2010-117 shall have no force or effect.CommentsClose CommentsPermalink
TITLE V--STREAMLINED ENERGY PERMITTINGCommentsClose CommentsPermalink
TITLE V--STREAMLINED ENERGY PERMITTINGCommentsClose CommentsPermalink
SEC. 501. SHORT TITLE.
This title may be cited as the ‘Streamlining Permitting of American Energy Act of 2012’.CommentsClose CommentsPermalink
Subtitle A--Application for Permits to Drill Process ReformCommentsClose CommentsPermalink
Subtitle A--Application for Permits to Drill Process ReformCommentsClose CommentsPermalink
SEC. 511. PERMIT TO DRILL APPLICATION TIMELINE.
Section 17(p)(2) of the Mineral Leasing Act (
‘(2) APPLICATIONS FOR PERMITS TO DRILL REFORM AND PROCESS-CommentsClose CommentsPermalink
‘(A) TIMELINE- The Secretary shall decide whether to issue a permit to drill within 30 days after receiving an application for the permit. The Secretary may extend such period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. The notice shall be in the form of a letter from the Secretary or a designee of the Secretary, and shall include the names and titles of the persons processing the application, the specific reasons for the delay, and a specific date a final decision on the application is expected.CommentsClose CommentsPermalink
‘(B) NOTICE OF REASONS FOR DENIAL- If the application is denied, the Secretary shall provide the applicant--CommentsClose CommentsPermalink
‘(i) in writing, clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; andCommentsClose CommentsPermalink
‘(ii) an opportunity to remedy any deficiencies.CommentsClose CommentsPermalink
‘(C) APPLICATION DEEMED APPROVED- If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application is deemed approved, except in cases in which existing reviews under the National Environmental Policy Act of 1969 or Endangered Species Act of 1973 are incomplete.CommentsClose CommentsPermalink
‘(D) DENIAL OF PERMIT- If the Secretary decides not to issue a permit to drill in accordance with subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink
‘(i) provide to the applicant a description of the reasons for the denial of the permit;CommentsClose CommentsPermalink
‘(ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; andCommentsClose CommentsPermalink
‘(iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary.CommentsClose CommentsPermalink
‘(E) FEE-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Notwithstanding any other law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). This fee shall not apply to any resubmitted application.CommentsClose CommentsPermalink
‘(ii) TREATMENT OF PERMIT PROCESSING FEE- Of all fees collected under this paragraph, 50 percent shall be transferred to the field office where they are collected and used to process protests, leases, and permits under this Act subject to appropriation.’.CommentsClose CommentsPermalink
SEC. 512. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.
Notwithstanding any other provision of law, each fiscal year, of fees collected as annual wind energy and solar energy right-of-way authorization fees required under section 504(g) of the Federal Land Policy and Management Act of 1976 (
Subtitle B--Administrative Protest Documentation ReformCommentsClose CommentsPermalink
Subtitle B--Administrative Protest Documentation ReformCommentsClose CommentsPermalink
SEC. 521. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.
Section 17(p) of the Mineral Leasing Act (
‘(4) PROTEST FEE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill.CommentsClose CommentsPermalink
‘(B) TREATMENT OF FEES- Of all fees collected under this paragraph, 50 percent shall remain in the field office where they are collected and used to process protests subject to appropriation.’.CommentsClose CommentsPermalink
Subtitle C--Permit StreamliningCommentsClose CommentsPermalink
Subtitle C--Permit StreamliningCommentsClose CommentsPermalink
SEC. 531. IMPROVE FEDERAL ENERGY PERMIT COORDINATION.
(a) Establishment- The Secretary of the Interior (referred to in this section as the ‘Secretary’) shall establish a Federal Permit Streamlining Project (referred to in this section as the ‘Project’) in every Bureau of Land Management field office with responsibility for permitting energy projects on Federal land.CommentsClose CommentsPermalink
(b) Memorandum of Understanding-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with--CommentsClose CommentsPermalink
(A) the Secretary of Agriculture;CommentsClose CommentsPermalink
(B) the Administrator of the Environmental Protection Agency; andCommentsClose CommentsPermalink
(C) the Chief of the Army Corps of Engineers.CommentsClose CommentsPermalink
(2) STATE PARTICIPATION- The Secretary may request that the Governor of any State with energy projects on Federal lands to be a signatory to the memorandum of understanding.CommentsClose CommentsPermalink
(c) Designation of Qualified Staff-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in--CommentsClose CommentsPermalink
(A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (
(B) permits under section 404 of Federal Water Pollution Control Act (
(C) regulatory matters under the Clean Air Act (
(D) planning under the National Forest Management Act of 1976 (
(E) the preparation of analyses under the National Environmental Policy Act of 1969 (
(2) DUTIES- Each employee assigned under paragraph (1) shall--CommentsClose CommentsPermalink
(A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned;CommentsClose CommentsPermalink
(B) be responsible for all issues relating to the energy projects that arise under the authorities of the employee’s home agency; andCommentsClose CommentsPermalink
(C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal lands.CommentsClose CommentsPermalink
(d) Additional Personnel- The Secretary shall assign to each Bureau of Land Management field office identified in subsection (a) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (
(e) Funding- Funding for the additional personnel shall come from the Department of the Interior reforms identified in sections 511, 512, and 521.CommentsClose CommentsPermalink
(f) Savings Provision- Nothing in this section affects--CommentsClose CommentsPermalink
(1) the operation of any Federal or State law; orCommentsClose CommentsPermalink
(2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project.CommentsClose CommentsPermalink
(g) Definition- For purposes of this section the term ‘energy projects’ means oil, natural gas and renewable energy projects.CommentsClose CommentsPermalink
SEC. 532. ADMINISTRATION OF CURRENT LAW.
Notwithstanding any other law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005.CommentsClose CommentsPermalink
SEC. 533. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.
(a) Congressional Intent- It is the intent of Congress that--CommentsClose CommentsPermalink
(1) this title will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; andCommentsClose CommentsPermalink
(2) Congress will monitor the deployment of personnel and material onshore under this title to encourage the development of American technology and manufacturing to enable United States workers to benefit from this title through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American energy resources.CommentsClose CommentsPermalink
(b) Requirement- The Secretary of the Interior shall, when possible and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral resource development under this title.CommentsClose CommentsPermalink
Subtitle D--Judicial ReviewCommentsClose CommentsPermalink
Subtitle D--Judicial ReviewCommentsClose CommentsPermalink
SEC. 541. DEFINITIONS.
In this title--CommentsClose CommentsPermalink
(1) the term ‘covered civil action’ means a civil action containing a claim under
(2) the term ‘covered energy project’ means the leasing of Federal lands of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy, and any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease.CommentsClose CommentsPermalink
SEC. 542. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED ENERGY PROJECTS.
Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed.CommentsClose CommentsPermalink
SEC. 543. TIMELY FILING.
To ensure timely redress by the courts, a covered civil action must be filed no later than the end of the 90-day period beginning on the date of the final Federal agency action to which it relates.CommentsClose CommentsPermalink
SEC. 544. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil action as expeditiously as possible.CommentsClose CommentsPermalink
SEC. 545. STANDARD OF REVIEW.
In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record.CommentsClose CommentsPermalink
SEC. 546. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. In addition, courts shall limit the duration of preliminary injunctions to halt covered energy projects to no more than 60 days, unless the court finds clear reasons to extend the injunction. In such cases of extensions, such extensions shall only be in 30-day increments and shall require action by the court to renew the injunction.CommentsClose CommentsPermalink
SEC. 547. LIMITATION ON ATTORNEYS’ FEES.
Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code, (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys’ fees, expenses, and other court costs.CommentsClose CommentsPermalink
SEC. 548. LEGAL STANDING.
Challengers filing appeals with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as challengers before a United States district court.CommentsClose CommentsPermalink
TITLE VI--EXPEDITIOUS PROGRAM OF OIL AND GAS LEASING IN THE NATIONAL PETROLEUM RESERVE IN ALASKACommentsClose CommentsPermalink
TITLE VI--EXPEDITIOUS PROGRAM OF OIL AND GAS LEASING IN THE NATIONAL PETROLEUM RESERVE IN ALASKACommentsClose CommentsPermalink
SEC. 601. SHORT TITLE.
This title may be cited as the ‘National Petroleum Reserve Alaska Access Act’.CommentsClose CommentsPermalink
SEC. 602. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE NATIONAL PETROLEUM RESERVE IN ALASKA.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; andCommentsClose CommentsPermalink
(2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve.CommentsClose CommentsPermalink
SEC. 603. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.
Section 107(a) of the Naval Petroleum Reserves Production Act of 1976 (
‘(a) In General- The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the reserve in accordance with this Act. Such program shall include at least one lease sale annually in those areas of the reserve most likely to produce commercial quantities of oil and natural gas each year in the period 2011 through 2021.’.CommentsClose CommentsPermalink
SEC. 604. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND PERMITTING PIPELINE AND ROAD CONSTRUCTION.
(a) In General- Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with the Secretary of Transportation, shall facilitate and ensure permits, in an environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary to--CommentsClose CommentsPermalink
(1) develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; andCommentsClose CommentsPermalink
(2) transport oil and gas from and through the National Petroleum Reserve in Alaska to existing transportation or processing infrastructure on the North Slope of Alaska.CommentsClose CommentsPermalink
(b) Timeline- The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline:CommentsClose CommentsPermalink
(1) Permits for such construction for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved within 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink
(2) Permits for such construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved within 6 months after the submission to the Secretary of a request for a permit to drill.CommentsClose CommentsPermalink
(c) Plan- To ensure timely future development of the Reserve, within 270 days after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve.CommentsClose CommentsPermalink
SEC. 605. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.
(a) In General- The Secretary of the Interior shall issue regulations within 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve in Alaska.CommentsClose CommentsPermalink
(b) Deadlines- At a minimum, the regulations shall--CommentsClose CommentsPermalink
(1) require the Department to respond within 5 business days acknowledging receipt of any permit application for such development; andCommentsClose CommentsPermalink
(2) establish a timeline for the processing of each such application, that--CommentsClose CommentsPermalink
(A) specifies deadlines for decisions and actions on permit applications; andCommentsClose CommentsPermalink
(B) provide that the period for issuing each permit after submission of such an application shall not exceed 60 days without the concurrence of the applicant.CommentsClose CommentsPermalink
(c) Actions Required for Failure To Comply With Deadlines- If the Department fails to comply with any deadline under subsection (b) with respect to a permit application, the Secretary shall notify the applicant every 5 days with specific information regarding the reasons for the permit delay, the name of the specific Department office or offices responsible for issuing the permit and for monitoring the permit delay, and an estimate of the time that the permit will be issued.CommentsClose CommentsPermalink
(d) Additional Infrastructure- Within 180 days after the date of enactment of this Act, the Secretary of the Interior shall approve, after consultation with the State of Alaska and public comment, right-of-way corridors for the construction of 2 separate additional bridges and pipeline rights-of-way to help facilitate timely oil and gas development of the Reserve.CommentsClose CommentsPermalink
SEC. 606. UPDATED RESOURCE ASSESSMENT.
(a) In General- The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas.CommentsClose CommentsPermalink
(b) Cooperation and Consultation- The resource assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists.CommentsClose CommentsPermalink
(c) Timing- The resource assessment required by subsection (a) shall be completed within 24 months after the date of the enactment of this Act.CommentsClose CommentsPermalink
(d) Funding- The United States Geological Survey may, in carrying out the duties under this section, cooperatively use resources and funds provided by the State of Alaska.CommentsClose CommentsPermalink
SEC. 607. COLVILLE RIVER DESIGNATION.
The designation by the Environmental Protection Agency of the Colville River Delta as an Aquatic Resource of National Importance shall have no force or effect.CommentsClose CommentsPermalink
TITLE VII--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALESCommentsClose CommentsPermalink
TITLE VII--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALESCommentsClose CommentsPermalink
SEC. 701. SHORT TITLE.
This title may be cited as the ‘BLM Live Internet Auctions Act’.CommentsClose CommentsPermalink
SEC. 702. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES.
(a) Authorization- Section 17(b)(1) of the Mineral Leasing Act (
(1) in subparagraph (A), in the third sentence, by inserting ‘, except as provided in subparagraph (C)’ after ‘by oral bidding’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(C) In order to diversify and expand the Nation’s onshore leasing program to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods. Each individual Internet-based lease sale shall conclude within 7 days.’.CommentsClose CommentsPermalink
(b) Report- Not later than 90 days after the tenth Internet-based lease sale conducted under the amendment made by subsection (a), the Secretary of the Interior shall analyze the first 10 such lease sales and report to Congress the findings of the analysis. The report shall include--CommentsClose CommentsPermalink
(1) estimates on increases or decreases in such lease sales, compared to sales conducted by oral bidding, in--CommentsClose CommentsPermalink
(A) the number of bidders;CommentsClose CommentsPermalink
(B) the average amount of bid;CommentsClose CommentsPermalink
(C) the highest amount bid; andCommentsClose CommentsPermalink
(D) the lowest bid;CommentsClose CommentsPermalink
(2) an estimate on the total cost or savings to the Department of the Interior as a result of such sales, compared to sales conducted by oral bidding; andCommentsClose CommentsPermalink
(3) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better maximize bidder participation, ensure the highest return to the Federal taxpayers, minimize opportunities for fraud or collusion, and ensure the security and integrity of the leasing process.CommentsClose CommentsPermalink
TITLE VIII--SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM TEMPERATURE COMMERCIAL REFRIGERATORSCommentsClose CommentsPermalink
TITLE VIII--SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM TEMPERATURE COMMERCIAL REFRIGERATORSCommentsClose CommentsPermalink
SEC. 801. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM TEMPERATURE COMMERCIAL REFRIGERATORS.
Section 342(c) of the Energy Policy and Conservation Act (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink
‘(B) The term ‘(SOC-SC-M)’ means a medium temperature commercial refrigerator--CommentsClose CommentsPermalink
‘(i) with a self-contained condensing unit and equipped with sliding or hinged doors in the back intended for use by sales personnel, and with glass or other transparent material in the front for displaying merchandise; andCommentsClose CommentsPermalink
‘(ii) that has a height not greater than 66 inches and is intended to serve as a counter for transactions between sales personnel and customers.CommentsClose CommentsPermalink
‘(C) The term ‘TDA’ means the total display area (ft2 ) of the refrigerated case, as defined in Air-Conditioning, Heating, and Refrigeration Institute Standard 1200.’;CommentsClose CommentsPermalink
(2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink
‘(4) Each SOC-SC-M manufactured on or after the date which is 6 months after the date of enactment of the Better Use of Refrigerator Regulations Act shall have a total daily energy consumption (in kilowatt hours per day) of not more than 0.6 x TDA + 1.0.’.CommentsClose CommentsPermalink
TITLE IX--MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink
TITLE IX--MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink
SEC. 901. LIMITATION ON TRANSFER OF FUNCTIONS UNDER THE MINING LAW PROGRAM OR THE SOLID MINERALS LEASING PROGRAM.
The Secretary of the Interior may not transfer to the Office of Surface Mining Reclamation and Enforcement any responsibility or authority to perform any function performed immediately before the enactment of this Act under the Solid Minerals Program of the Department of the Interior, including--CommentsClose CommentsPermalink
(1) any such function under--CommentsClose CommentsPermalink
(A) the laws popularly known as the Mining Law of 1872 (
(B) the Act of July 31, 1947 (chapter 406;
(C) the Minerals Leasing Act (
(D) the Mineral Leasing Act for Acquired Lands (
(2) any such function relating to management of mineral development on Federal lands and acquired lands under section 302 of the Federal Land Policy and Management Act of 1976 (
(3) any function performed under the Mining Law Program.CommentsClose CommentsPermalink
SEC. 902. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF REVENUES.
Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of
SEC. 903. LEASE SALE 220 AND OTHER LEASE SALES OFF THE COAST OF VIRGINIA.
(a) Inclusion in Leasing Programs- The Secretary of the Interior shall--CommentsClose CommentsPermalink
(1) upon enactment of this Act, revise the proposed Outer Continental Shelf oil and gas leasing program for the 2012-2017 period to include in such program Lease Sale 220 off the coast of Virginia; andCommentsClose CommentsPermalink
(2) include the Outer Continental Shelf off the coast of Virginia in the leasing program for each 5-year period after the 2012-2017 period.CommentsClose CommentsPermalink
(b) Conduct of Lease Sale- As soon as practicable, but not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall carry out under section 8 of the Outer Continental Shelf Lands Act (
(c) Balancing Military and Energy Production Goals-CommentsClose CommentsPermalink
(1) JOINT GOALS- In recognition that the Outer Continental Shelf oil and gas leasing program and the domestic energy resources produced therefrom are integral to national security, the Secretary of the Interior and the Secretary of Defense shall work jointly in implementing this section in order to ensure achievement of the following common goals:CommentsClose CommentsPermalink
(A) Preserving the ability of the Armed Forces of the United States to maintain an optimum state of readiness through their continued use of the Outer Continental Shelf.CommentsClose CommentsPermalink
(B) Allowing effective exploration, development, and production of our Nation’s oil, gas, and renewable energy resources.CommentsClose CommentsPermalink
(2) PROHIBITION ON CONFLICTS WITH MILITARY OPERATIONS- No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted.CommentsClose CommentsPermalink
(3) NATIONAL DEFENSE AREAS- The United States reserves the right to designate by and through the Secretary of Defense, with the approval of the President, national defense areas on the Outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act (
TITLE X--ADVANCING OFFSHORE WIND PRODUCTIONCommentsClose CommentsPermalink
TITLE X--ADVANCING OFFSHORE WIND PRODUCTIONCommentsClose CommentsPermalink
SEC. 1001. SHORT TITLE.
This title may be cited at the ‘Advancing Offshore Wind Production Act’.CommentsClose CommentsPermalink
SEC. 1002. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS.
(a) Definition of an Offshore Meteorological Site Testing and Monitoring Project- In this section, the term ‘offshore meteorological site testing and monitoring project’ means a project carried out on or in the waters of the Outer Continental Shelf administered by the Department of the Interior to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that--CommentsClose CommentsPermalink
(1) causes--CommentsClose CommentsPermalink
(A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; andCommentsClose CommentsPermalink
(B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by for the project (including hazards to navigation);CommentsClose CommentsPermalink
(2) is decommissioned not more than 5 years after the date of commencement of the project, including--CommentsClose CommentsPermalink
(A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; andCommentsClose CommentsPermalink
(B) restoration of the project site to approximately the original condition of the site; andCommentsClose CommentsPermalink
(3) provides meteorological information obtained by the project to the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Offshore Meteorological Project Permitting-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of the Interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (
(2) PERMIT AND RIGHT OF WAY TIMELINE AND CONDITIONS-CommentsClose CommentsPermalink
(A) DEADLINE FOR APPROVAL- The Secretary shall decide whether to issue a permit and right of way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application.CommentsClose CommentsPermalink
(B) PUBLIC COMMENT AND CONSULTATION- During the period referred to in subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink
(i) provide an opportunity for submission of comments by the public; andCommentsClose CommentsPermalink
(ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right of way.CommentsClose CommentsPermalink
(C) DENIAL OF PERMIT; OPPORTUNITY TO REMEDY DEFICIENCIES- If the application is denied, the Secretary shall provide the applicant--CommentsClose CommentsPermalink
(i) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; andCommentsClose CommentsPermalink
(ii) an opportunity to remedy such deficiencies.CommentsClose CommentsPermalink
(c) NEPA Exclusion- Section 102(2)(C) of the National Environmental Policy Act of 1969 (
(d) Protection of Information- The information provided to the Secretary of the Interior pursuant to subsection (a)(3) shall be treated by the Secretary as proprietary information and protected against disclosure.CommentsClose CommentsPermalink
Passed the House of Representatives June 21, 2012.CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Clerk. 112th CONGRESS 2d Session H. R. 4480 AN ACT
Clerk.CommentsClose CommentsPermalink
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