S 3445 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3445CommentsClose CommentsPermalink

To approve the Keystone XL Pipeline, to provide for the development of a plan to increase oil and gas exploration, development, and production under oil and gas leases of Federal land, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

July 26, 2012CommentsClose CommentsPermalink

Mr. HOEVEN (for himself, Mr. MCCONNELL, Ms. MURKOWSKI, Mr. BARRASSO, Mr. CORNYN, Mr. VITTER, Mr. THUNE, Mr. BLUNT, Mr. WICKER, Mrs. HUTCHISON, Mr. BURR, Mr. HELLER, Mr. RISCH, Mr. COATS, Mr. PORTMAN, Mr. KYL, Mr. SESSIONS, Mr. SHELBY, Mr. INHOFE, Mr. COCHRAN, Mr. MCCAIN, Mr. ISAKSON, Mr. CRAPO, Mr. ENZI, Mr. ROBERTS, Mr. BOOZMAN, Mr. COBURN, Mr. JOHNSON of Wisconsin, Mr. CHAMBLISS, Mr. JOHANNS, and Mr. LUGAR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To approve the Keystone XL Pipeline, to provide for the development of a plan to increase oil and gas exploration, development, and production under oil and gas leases of Federal land, and for other purposes.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; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Domestic Energy and Jobs Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--KEYSTONE XL PERMIT APPROVAL

Sec. 101. Keystone XL permit approval.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

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 and consistency.CommentsClose CommentsPermalink





Sec. 404. Reduction of 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 Appeal Documentation Reform

Sec. 521. Administrative appeal documentation reform.CommentsClose CommentsPermalink

Subtitle C--Permit Streamlining

Sec. 531. 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 OIL AND GAS LEASING PROGRAM IN NATIONAL PETROLEUM RESERVE IN ALASKA

Sec. 601. Short title.CommentsClose CommentsPermalink





Sec. 602. Sense of Congress reaffirming national policy regarding National Petroleum Reserve in Alaska.CommentsClose CommentsPermalink





Sec. 603. Competitive leasing of oil and gas.CommentsClose CommentsPermalink





Sec. 604. 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 Delta 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--ADVANCING OFFSHORE WIND PRODUCTION

Sec. 801. Short title.CommentsClose CommentsPermalink





Sec. 802. Offshore meteorological site testing and monitoring projects.CommentsClose CommentsPermalink

TITLE IX--CRITICAL MINERALS

Sec. 901. Definitions.CommentsClose CommentsPermalink





Sec. 902. Designations.CommentsClose CommentsPermalink





Sec. 903. Policy.CommentsClose CommentsPermalink





Sec. 904. Resource assessment.CommentsClose CommentsPermalink





Sec. 905. Permitting.CommentsClose CommentsPermalink





Sec. 906. Recycling and alternatives.CommentsClose CommentsPermalink





Sec. 907. Analysis and forecasting.CommentsClose CommentsPermalink





Sec. 908. Education and workforce.CommentsClose CommentsPermalink





Sec. 909. International cooperation.CommentsClose CommentsPermalink





Sec. 910. Repeal, authorization, and offset.CommentsClose CommentsPermalink

TITLE X--MISCELLANEOUS

Sec. 1001. Limitation on transfer of functions under the Solid Minerals Leasing Program.CommentsClose CommentsPermalink





Sec. 1002. Amount of distributed qualified Outer Continental Shelf revenues.CommentsClose CommentsPermalink





Sec. 1003. Lease Sale 220 and other lease sales off the coast of Virginia.CommentsClose CommentsPermalink





Sec. 1004. Limitation on authority to issue regulations under the Surface Mining Control and Reclamation Act of 1977.CommentsClose CommentsPermalink

TITLE I--KEYSTONE XL PERMIT APPROVALCommentsClose CommentsPermalink

SEC. 101. KEYSTONE XL PERMIT APPROVAL.

(a) In General- Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State for the northern portion of the Keystone XL pipeline from the Canadian border to the South Dakota/Nebraska border.CommentsClose CommentsPermalink





(b) Environmental Impact Statement- The final environmental impact statement issued by the Secretary of State on August 26, 2011, regarding the pipeline referred to in subsection (a), shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





(c) Intrastate Portion- Nothing in this section affects the ongoing work of the State of Nebraska with regard to the fully intrastate portion of the Keystone XL pipeline.CommentsClose 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 (referred to in this title 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 on the date that is 60 days after the date of submission of the final report of the Committee pursuant to section 204(c).CommentsClose CommentsPermalink

SEC. 203. ANALYSES.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) COVERED ACTION- The term ‘covered action’ means any action, to the extent that the 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 (42 U.S.C. 7401 et seq.), to an air pollutant that is identified as a greenhouse gas in the rule entitled ‘Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act’ (74 Fed. Reg. 66496 (December 15, 2009)).CommentsClose CommentsPermalink





(2) COVERED RULE- The term ‘covered rule’ means the following rules (and includes any successor or substantially similar rules):CommentsClose CommentsPermalink





(A) ‘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





(B) ‘National Ambient Air Quality Standards for Ozone’ (73 Fed. Reg. 16436 (March 27, 2008)).CommentsClose CommentsPermalink





(C) ‘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.CommentsClose CommentsPermalink





(D) 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 (42 U.S.C. 7411, 7412) applicable to petroleum refineries.CommentsClose CommentsPermalink





(E) Any rule proposed after March 15, 2012, to implement any portion of the renewable fuel program under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).CommentsClose CommentsPermalink





(F) Any rule proposed after March 15, 2012, revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409).CommentsClose CommentsPermalink





(b) Scope- The Committee shall conduct analyses, for each of calendar years 2016 and 2020, of the prospective cumulative impact of all covered rules and covered actions.CommentsClose CommentsPermalink





(c) Contents- The Committee shall include in each analysis conducted under this section--CommentsClose CommentsPermalink





(1) estimates of the cumulative impacts of the covered rules and covered actions relating 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 oil and gas industries of the United States, particularly relative to that of other nations;CommentsClose CommentsPermalink





(2) an analysis 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; andCommentsClose CommentsPermalink





(4) an analysis and, if feasible, an assessment of--CommentsClose CommentsPermalink





(A) the cumulative impact of the covered rules and covered actions on--CommentsClose CommentsPermalink





(i) consumers;CommentsClose CommentsPermalink





(ii) small businesses;CommentsClose CommentsPermalink





(iii) regional economies;CommentsClose CommentsPermalink





(iv) State, local, and tribal governments;CommentsClose CommentsPermalink





(v) low-income communities;CommentsClose CommentsPermalink





(vi) public health; andCommentsClose CommentsPermalink





(vii) local and industry-specific labor markets; andCommentsClose CommentsPermalink





(B) key uncertainties associated with each topic described in subparagraph (A).CommentsClose CommentsPermalink





(d) 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





(e) Data- In conducting analyses under this section, the Committee shall not be required to create data or to use data that is not readily accessible.CommentsClose CommentsPermalink

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 the date on which the preliminary report is submitted.CommentsClose CommentsPermalink





(c) Final Report- Not later than 60 days after the expiration of the 60-day period described in subsection (b), the Committee shall submit to Congress a final report containing the analyses conducted under section 203, including--CommentsClose CommentsPermalink





(1) any revisions to the analyses made as a result of public comments; andCommentsClose CommentsPermalink





(2) a response to the public 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 180 days after the date 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 (42 U.S.C. 7411, 7412) that is applicable to petroleum refineries.CommentsClose CommentsPermalink





(3) Any rule revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409).CommentsClose CommentsPermalink





(b) Other Rules Not Affected- Subsection (a) shall not affect the finalization of any rule other than the rules described in subsection (a).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 (42 U.S.C. 7409), the Administrator of the Environmental Protection Agency shall take into consideration feasibility and cost.CommentsClose CommentsPermalink

SEC. 207. FUEL REQUIREMENTS WAIVER AND STUDY.

(a) Waiver of Fuel Requirements- Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended--CommentsClose CommentsPermalink





(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 (Public Law 109-58; 119 Stat. 1083) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1)(A), by inserting ‘biofuels,’ after ‘oxygenated fuel,’; andCommentsClose 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





‘(ii) the renewable fuel standard; and’; andCommentsClose CommentsPermalink





(ii) 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

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.

The Mineral Leasing Act is amended--CommentsClose CommentsPermalink





(1) by redesignating section 44 (30 U.S.C. 181 note) as section 45; andCommentsClose CommentsPermalink





(2) by inserting after section 43 (30 U.S.C. 226-3) the following:CommentsClose CommentsPermalink

‘SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION STRATEGY.

‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





‘(2) STRATEGIC AND CRITICAL ENERGY MINERALS- The term ‘strategic and critical energy minerals’ means--CommentsClose CommentsPermalink





‘(A) minerals that are necessary for the energy infrastructure of the United States, including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production; andCommentsClose CommentsPermalink





‘(B) minerals that are necessary to support domestic manufacturing, including materials used in energy generation, production, and transportation.CommentsClose CommentsPermalink





‘(3) STRATEGY- The term ‘Strategy’ means the Quadrennial Federal Onshore Energy Production Strategy required under this section.CommentsClose CommentsPermalink





‘(b) Strategy-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary, in consultation with the Secretary of Agriculture with regard to land administered by the Forest Service, shall develop and publish every 4 years a Quadrennial Federal Onshore Energy Production Strategy.CommentsClose CommentsPermalink





‘(2) ENERGY SECURITY- The Strategy shall direct Federal land energy development and department resource allocation to promote the energy security of the United States.CommentsClose CommentsPermalink





‘(c) Purposes-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In developing a Strategy, the Secretary shall consult with the Administrator of the Energy Information Administration on--CommentsClose CommentsPermalink





‘(A) the projected energy demands of the United States for the 30-year period beginning on the date of initiation of the Strategy; andCommentsClose CommentsPermalink





‘(B) how energy derived from Federal onshore land can place the United States on a trajectory to meet that demand during the 4-year period beginning on the date of initiation of the Strategy.CommentsClose CommentsPermalink





‘(2) ENERGY SECURITY- The Secretary shall consider how Federal land will contribute to ensuring national energy security, with a goal of increasing energy independence and production, during the 4-year period beginning on the date of initiation of the Strategy.CommentsClose CommentsPermalink





‘(d) Objectives- The Secretary shall establish a domestic strategic production objective for the development of energy resources from Federal onshore land that is based on commercial and scientific data relating to the expected increase in--CommentsClose CommentsPermalink





‘(1) domestic production of oil and natural gas from the Federal onshore mineral estate, with a focus on land held by the Bureau of Land Management and the Forest Service;CommentsClose CommentsPermalink





‘(2) domestic coal production from Federal land;CommentsClose CommentsPermalink





‘(3) domestic production of strategic and critical energy minerals from the Federal onshore mineral estate;CommentsClose CommentsPermalink





‘(4) megawatts for electricity production from each of wind, solar, biomass, hydropower, and geothermal energy produced on Federal land administered by the Bureau of Land Management and the Forest Service;CommentsClose CommentsPermalink





‘(5) unconventional energy production, such as oil shale;CommentsClose CommentsPermalink





‘(6) domestic production of oil, natural gas, coal, and other renewable sources from tribal land for any federally recognized Indian tribe that elects to participate in facilitating energy production on the land of the Indian tribe; andCommentsClose CommentsPermalink





‘(7) domestic production of geothermal, solar, wind, or other renewable energy sources on land defined as available lands under section 203 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 109, chapter 42), and any other land considered by the Territory or State of Hawaii, as the case may be, to be available lands.CommentsClose CommentsPermalink





‘(e) Methodology- The Secretary shall consult with the Administrator of the Energy Information Administration regarding the methodology used to arrive at the estimates made by the Secretary to carry out this section.CommentsClose CommentsPermalink





‘(f) Expansion of Plan- The Secretary may expand a Strategy to include other energy production technology sources or advancements in energy production on Federal land.CommentsClose CommentsPermalink





‘(g) Tribal Objectives-CommentsClose CommentsPermalink





‘(1) IN GENERAL- It is the sense of Congress that federally recognized Indian tribes may elect to set the production objectives of the Indian tribes as part of a Strategy under this section.CommentsClose CommentsPermalink





‘(2) COOPERATION- The Secretary shall work in cooperation with any federally recognized Indian tribe that elects to participate in achieving the strategic energy objectives of the Indian tribe under this subsection.CommentsClose CommentsPermalink





‘(h) Execution of Strategy-CommentsClose CommentsPermalink





‘(1) DEFINITION OF SECRETARY CONCERNED- In this subsection, the term ‘Secretary concerned’ means--CommentsClose CommentsPermalink





‘(A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; andCommentsClose CommentsPermalink





‘(B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe).CommentsClose CommentsPermalink





‘(2) ADDITIONAL LAND- The Secretary concerned may make determinations regarding which additional land under the jurisdiction of the Secretary concerned will be made available in order to meet the energy production objectives established by a Strategy.CommentsClose CommentsPermalink





‘(3) ACTIONS- The Secretary concerned shall take all necessary actions to achieve the energy production objectives established under this section unless the President determines that it is not in the national security and economic interests of the United States--CommentsClose CommentsPermalink





‘(A) to increase Federal domestic energy production; andCommentsClose CommentsPermalink





‘(B) to decrease dependence on foreign sources of energy.CommentsClose CommentsPermalink





‘(4) LEASING- In carrying out this subsection, the Secretary concerned shall only consider leasing Federal land available for leasing at the time the lease sale occurs.CommentsClose CommentsPermalink





‘(i) State, Federally Recognized Indian Tribes, Local Government, and Public Input- In developing a Strategy, the Secretary shall solicit the input of affected States, federally recognized Indian tribes, local governments, and the public.CommentsClose CommentsPermalink





‘(j) Annual Reports-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report describing the progress made in meeting the production goals of a Strategy.CommentsClose CommentsPermalink





‘(2) CONTENTS- In a report required under this subsection, the Secretary shall--CommentsClose CommentsPermalink





‘(A) make projections for production and capacity installations;CommentsClose CommentsPermalink





‘(B) describe any problems with leasing, permitting, siting, or production that will prevent meeting the production goals of a Strategy; andCommentsClose CommentsPermalink





‘(C) make recommendations to help meet any shortfalls in meeting the production goals.CommentsClose CommentsPermalink





‘(k) Programmatic Environmental Impact Statement-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic environmental impact statement for carrying out this section.CommentsClose CommentsPermalink





‘(2) COMPLIANCE- The programmatic environmental impact statement shall be considered sufficient to comply with all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for all necessary resource management and land use plans associated with the implementation of a Strategy.CommentsClose CommentsPermalink





‘(l) Congressional Review-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 60 days before publishing a proposed Strategy under this section, the Secretary shall submit to Congress and the President the proposed Strategy, together with any comments received from States, federally recognized Indian tribes, and local governments.CommentsClose CommentsPermalink





‘(2) RECOMMENDATIONS- The submission shall indicate why any specific recommendation of a State, federally recognized Indian tribe, or local government was not accepted.CommentsClose CommentsPermalink





‘(m) Administration- Nothing in this section modifies or affects any multiuse plan.CommentsClose CommentsPermalink





‘(n) First Strategy- Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to Congress the first Strategy.’.CommentsClose 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.

Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Sec. 17. (a) All lands’ and inserting the following:CommentsClose CommentsPermalink

‘SEC. 17. LEASE OF OIL AND GAS LAND.

‘(a) Authority-CommentsClose CommentsPermalink





‘(1) IN GENERAL- All land’; andCommentsClose CommentsPermalink





(2) in subsection (a) (as amended by paragraph (1)), by adding at the end the following:CommentsClose CommentsPermalink





‘(2) MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In conducting lease sales under this section, each year, the Secretary shall offer for sale not less than 25 percent of the annual nominated acreage not previously made available for lease.CommentsClose CommentsPermalink





‘(B) REVIEW- The offering of acreage offered for lease under this paragraph shall not be subject to review.CommentsClose CommentsPermalink





‘(C) CATEGORICAL EXCLUSIONS- Acreage offered for lease under this paragraph shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942), except that extraordinary circumstances shall not be required for a categorical exclusion under this paragraph.CommentsClose CommentsPermalink





‘(D) LEASING- In carrying out this subsection, the Secretary shall only consider leasing of Federal land that is available for leasing at the time the lease sale occurs.’.CommentsClose CommentsPermalink

SEC. 403. LEASING CERTAINTY AND CONSISTENCY.

Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) (as amended by section 402) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(3) LEASING CERTAINTY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall not withdraw approval of any covered energy project involving a lease under this Act without finding a violation of the terms of the lease by the lessee.CommentsClose CommentsPermalink





‘(B) DELAY- The Secretary shall not infringe on 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 a lease.CommentsClose CommentsPermalink





‘(C) AVAILABILITY OF NOMINATED AREAS- Not later than 18 months after an area is designated as open under the applicable land use plan, the Secretary shall make available nominated areas for lease under paragraph (2).CommentsClose CommentsPermalink





‘(D) ISSUANCE OF LEASES- Notwithstanding any other provision of law, the Secretary shall issue all leases sold under this Act not later than 60 days after the last payment is made.CommentsClose CommentsPermalink





‘(E) CANCELLATION OR WITHDRAWAL OF LEASE PARCELS- 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) APPEALS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall complete the review of any appeal of a lease sale under this Act not later than 60 days after the receipt of the appeal.CommentsClose CommentsPermalink





‘(ii) CONSTRUCTIVE APPROVAL- If the review of an appeal is not conducted in accordance with clause (i), the appeal shall be considered approved.CommentsClose CommentsPermalink





‘(G) ADDITIONAL STIPULATIONS- The Secretary may not add any additional lease stipulation for a parcel after the parcel is sold unless the Secretary--CommentsClose CommentsPermalink





‘(i) consults with the lessee and obtains the approval of the lessee; orCommentsClose CommentsPermalink





‘(ii) determines that the stipulation is an emergency action that is necessary to conserve the resources of the United States.CommentsClose CommentsPermalink





‘(4) LEASING CONSISTENCY- A Federal land manager shall comply with applicable resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until a new record of decision is signed.’.CommentsClose CommentsPermalink

SEC. 404. REDUCTION OF REDUNDANT POLICIES.

Bureau of Land Management Instruction Memorandum 2010-117 shall have no force or effect.CommentsClose 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

SEC. 511. PERMIT TO DRILL APPLICATION TIMELINE.

Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) APPLICATIONS FOR PERMITS TO DRILL REFORM AND PROCESS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), the Secretary shall decide whether to issue a permit to drill not later than 30 days after the date on which the application for the permit is received by the Secretary.CommentsClose CommentsPermalink





‘(B) EXTENSIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary may extend the period described in subparagraph (A) for up to 2 periods of 15 days each, if the Secretary gives written notice of the delay to the applicant.CommentsClose CommentsPermalink





‘(ii) NOTICE- The notice shall--CommentsClose CommentsPermalink





‘(I) be in the form of a letter from the Secretary or a designee of the Secretary; andCommentsClose CommentsPermalink





‘(II) include--CommentsClose CommentsPermalink

‘(aa) the names and positions of the persons processing the application;CommentsClose CommentsPermalink

‘(bb) the specific reasons for the delay; andCommentsClose CommentsPermalink

‘(cc) a specific date on which a final decision on the application is expected.CommentsClose CommentsPermalink

‘(C) NOTICE OF REASONS FOR DENIAL- If the application is denied, the Secretary shall provide the applicant--CommentsClose CommentsPermalink





‘(i) a written notice that provides--CommentsClose CommentsPermalink





‘(I) clear and comprehensive reasons why the application was not accepted; andCommentsClose CommentsPermalink





‘(II) detailed information concerning any deficiencies; andCommentsClose CommentsPermalink





‘(ii) an opportunity to remedy any deficiencies.CommentsClose CommentsPermalink





‘(D) APPLICATION CONSIDERED 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 for the permit is received by the Secretary, the application shall be considered approved unless applicable reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are incomplete.CommentsClose CommentsPermalink





‘(E) DENIAL OF PERMIT- If the Secretary decides not to issue a permit to drill under this paragraph, 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





‘(F) FEE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Subject to clauses (ii) and (iii) and notwithstanding any other provision of 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 this paragraph.CommentsClose CommentsPermalink





‘(ii) RESUBMITTED APPLICATIONS- The fee described in clause (i) shall not apply to any resubmitted application.CommentsClose CommentsPermalink





‘(iii) TREATMENT OF PERMIT PROCESSING FEE- Subject to appropriation, of all fees collected under this paragraph, 50 percent shall be transferred to the field office where the fees are collected and used to process leases, permits, and appeals under this Act.’.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 (43 U.S.C. 1764(g)), 50 percent shall be retained by the Secretary of the Interior to be used, subject to appropriation--CommentsClose CommentsPermalink





(1) by the Bureau of Land Management to process permits, right-of-way applications, and other activities necessary for renewable development; andCommentsClose CommentsPermalink





(2) at the option of the Secretary of the Interior, by the United States Fish and Wildlife Service or other Federal agencies involved in wind and solar permitting reviews to facilitate the processing of wind energy and solar energy permit applications on Bureau of Land Management land.CommentsClose CommentsPermalink

Subtitle B--Administrative Appeal Documentation ReformCommentsClose CommentsPermalink

SEC. 521. ADMINISTRATIVE APPEAL DOCUMENTATION REFORM.

Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) APPEAL FEE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall collect a $5,000 documentation fee to accompany each appeal of an action on a lease, right-of-way, or application for permit to drill.CommentsClose CommentsPermalink





‘(B) TREATMENT OF FEES- Subject to appropriation, of all fees collected under this paragraph, 50 percent shall remain in the field office where the fees are collected and used to process appeals.’.CommentsClose CommentsPermalink

Subtitle C--Permit StreamliningCommentsClose CommentsPermalink

SEC. 531. FEDERAL ENERGY PERMIT COORDINATION.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) ENERGY PROJECTS- The term ‘energy projects’ means oil, coal, natural gas, and renewable energy projects.CommentsClose CommentsPermalink





(2) PROJECT- The term ‘Project’ means the Federal Permit Streamlining Project established under subsection (b).CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(b) Establishment- The Secretary shall establish a Federal Permit Streamlining Project in each Bureau of Land Management field office with responsibility for issuing permits for energy projects on Federal land.CommentsClose CommentsPermalink





(c) 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 to carry out this section with--CommentsClose CommentsPermalink





(A) the Secretary of Agriculture;CommentsClose CommentsPermalink





(B) the Administrator of the Environmental Protection Agency; andCommentsClose CommentsPermalink





(C) the Secretary of the Army, acting through the Chief of Engineers.CommentsClose CommentsPermalink





(2) STATE PARTICIPATION- The Secretary may request the Governor of any State with energy projects on Federal land to be a signatory to the memorandum of understanding.CommentsClose CommentsPermalink





(d) 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 (c), 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 (16 U.S.C. 1536);CommentsClose CommentsPermalink





(B) permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344);CommentsClose CommentsPermalink





(C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.);CommentsClose CommentsPermalink





(D) planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); andCommentsClose CommentsPermalink





(E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





(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 home office of the employee; andCommentsClose CommentsPermalink





(C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal land.CommentsClose CommentsPermalink





(e) Additional Personnel- The Secretary shall assign to each Bureau of Land Management field office identified under subsection (b) 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 requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).CommentsClose CommentsPermalink





(f) Funding- Funding for the additional personnel shall be derived from the Department of the Interior reforms made by sections 511, 512, and 521 and the amendments made by those sections.CommentsClose CommentsPermalink





(g) 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

SEC. 532. ADMINISTRATION OF CURRENT LAW.

Notwithstanding any other provision of 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 (42 U.S.C. 15942).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

SEC. 541. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) COVERED CIVIL ACTION- The term ‘covered civil action’ means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal land.CommentsClose CommentsPermalink





(2) COVERED ENERGY PROJECT-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘covered energy project’ means the leasing of Federal land 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.CommentsClose CommentsPermalink





(B) EXCLUSION- The term ‘covered energy project’ does not include any disputes between the parties to a lease regarding the obligations under the 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 United States district court for the district in which 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 shall be filed not later than 90 days after the date of the final Federal agency action to which the covered civil action relates.CommentsClose CommentsPermalink

SEC. 544. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

A court shall endeavor to hear and determine any covered civil action as expeditiously as practicable.CommentsClose CommentsPermalink

SEC. 545. STANDARD OF REVIEW.

In any judicial review of a covered civil action--CommentsClose CommentsPermalink





(1) administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct; andCommentsClose CommentsPermalink





(2) 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.

(a) In General- In a covered civil action, a court shall not grant or approve any prospective relief unless the court finds that the relief--CommentsClose CommentsPermalink





(1) is narrowly drawn;CommentsClose CommentsPermalink





(2) extends no further than necessary to correct the violation of a legal requirement; andCommentsClose CommentsPermalink





(3) is the least intrusive means necessary to correct the violation.CommentsClose CommentsPermalink





(b) Preliminary Injunctions-CommentsClose CommentsPermalink





(1) IN GENERAL- A court shall limit the duration of a preliminary injunction to halt a covered energy project to not more than 60 days, unless the court finds clear reasons to extend the injunction.CommentsClose CommentsPermalink





(2) EXTENSIONS- Extensions under paragraph (1) shall--CommentsClose CommentsPermalink





(A) only be in 30-day increments; andCommentsClose CommentsPermalink





(B) require action by the court to renew the injunction.CommentsClose CommentsPermalink

SEC. 547. LIMITATION ON ATTORNEYS’ FEES.

(a) In General- Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the ‘Equal Access to Justice Act’), shall not apply to a covered civil action.CommentsClose CommentsPermalink





(b) Attorney’s Fees and Court Costs- A party in a covered civil action shall not receive payment from the Federal Government for attorney’s fees, expenses, or other court costs.CommentsClose CommentsPermalink

SEC. 548. LEGAL STANDING.

A challenger filing an appeal with the Interior Board of Land Appeals shall meet the same standing requirements as a challenger before a United States district court.CommentsClose CommentsPermalink

TITLE VI--EXPEDITIOUS OIL AND GAS LEASING PROGRAM IN 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 REAFFIRMING NATIONAL POLICY REGARDING NATIONAL PETROLEUM RESERVE IN ALASKA.

It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the National Petroleum Reserve in the State of Alaska (referred to in this title as the ‘Reserve’) 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. COMPETITIVE LEASING OF OIL AND GAS.

Section 107 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a) is amended by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) Competitive Leasing-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the Reserve in accordance with this Act.CommentsClose CommentsPermalink





‘(2) INCLUSIONS- The program under this subsection shall include at least 1 lease sale annually in each area of the Reserve that is most likely to produce commercial quantities of oil and natural gas for each of calendar years 2011 through 2021.’.CommentsClose CommentsPermalink

SEC. 604. 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--CommentsClose CommentsPermalink





(1) to develop and bring into production any areas within the Reserve that are subject to oil and gas leases; andCommentsClose CommentsPermalink





(2) to transport oil and gas from and through the Reserve to existing transportation or processing infrastructure on the North Slope of Alaska.CommentsClose CommentsPermalink





(b) Timelines- The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timelines:CommentsClose CommentsPermalink





(1) EXISTING LEASES- Each permit for construction relating to the transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary of the Interior has issued a permit to drill shall be approved by not later than 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink





(2) REQUESTED PERMITS- Each permit for construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved by not later than 180 days after the date of submission to the Secretary of a request for a permit to drill.CommentsClose CommentsPermalink





(c) Plan- To ensure timely future development of the Reserve, not later than 270 days after the date of 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 to ensure that all leasable tracts in the Reserve are located 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- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations to establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the Reserve.CommentsClose CommentsPermalink





(b) Deadlines- At a minimum, the regulations promulgated pursuant to this section shall--CommentsClose CommentsPermalink





(1) require the Secretary of the Interior to respond, acknowledging receipt of any permit application for development, by not later than 5 business days after the date of receipt of the application; andCommentsClose CommentsPermalink





(2) establish a timeline for the processing of each such application that--CommentsClose CommentsPermalink





(A) specifies deadlines for decisions and actions regarding permit applications; andCommentsClose CommentsPermalink





(B) provides that the period for issuing each permit after the date of submission of the application shall not exceed 60 days, absent the concurrence of the applicant.CommentsClose CommentsPermalink





(c) Actions Required for Failure To Comply With Deadlines- If the Secretary of the Interior fails to comply with any deadline described in subsection (b) with respect to a permit application, the Secretary shall notify the applicant not less frequently than once every 5 days with specific information regarding--CommentsClose CommentsPermalink





(1) the reasons for the permit delay;CommentsClose CommentsPermalink





(2) the name of each specific office of the Department of the Interior responsible for--CommentsClose CommentsPermalink





(A) issuing the permit; orCommentsClose CommentsPermalink





(B) monitoring the permit delay; andCommentsClose CommentsPermalink





(3) an estimate of the date on which the permit will be issued.CommentsClose CommentsPermalink





(d) Additional Infrastructure- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, after consultation with the State of Alaska and after providing notice and an opportunity for public comment, shall approve 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 Reserve, including all conventional and unconventional oil and natural gas.CommentsClose CommentsPermalink





(b) Cooperation and Consultation- The resource assessment under 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 under subsection (a) shall be completed by not later than 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink





(d) Funding- In carrying out this section, the United States Geological Survey may cooperatively use resources and funds provided by the State of Alaska.CommentsClose CommentsPermalink

SEC. 607. COLVILLE RIVER DELTA 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 on this title or an amendment made by this title.CommentsClose 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 (30 U.S.C. 226(b)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), in the third sentence, by striking ‘Lease sales’ and inserting ‘Except as provided in subparagraph (C), lease sales’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) In order to diversify and expand the United States onshore leasing program to ensure the best return to Federal taxpayers, to reduce fraud, and to secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods, each of which shall be completed by not later than 7 days after the date of initiation of the sale.’.CommentsClose CommentsPermalink





(b) Report- Not later than 90 days after the tenth Internet-based lease sale conducted pursuant to subparagraph (C) of section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)) (as added by subsection (a)), the Secretary of the Interior shall conduct, and submit to Congress a report describing the results of, an analysis of the first 10 such lease sales, including--CommentsClose CommentsPermalink





(1) estimates of increases or decreases in the lease sales, as compared to sales conducted by oral bidding, in--CommentsClose CommentsPermalink





(A) the number of bidders;CommentsClose CommentsPermalink





(B) the average amount of the bids;CommentsClose CommentsPermalink





(C) the highest amount of the bids; andCommentsClose CommentsPermalink





(D) the lowest amount of the bids;CommentsClose CommentsPermalink





(2) an estimate on the total cost or savings to the Department of the Interior as a result of the sales, as 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--CommentsClose CommentsPermalink





(A) provide an opportunity to better maximize bidder participation;CommentsClose CommentsPermalink





(B) ensure the highest return to Federal taxpayers;CommentsClose CommentsPermalink





(C) minimize opportunities for fraud or collusion; andCommentsClose CommentsPermalink





(D) ensure the security and integrity of the leasing process.CommentsClose CommentsPermalink

TITLE VIII--ADVANCING OFFSHORE WIND PRODUCTIONCommentsClose CommentsPermalink

SEC. 801. SHORT TITLE.

This title may be cited at the ‘Advancing Offshore Wind Production Act’.CommentsClose CommentsPermalink

SEC. 802. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS.

(a) Definition of 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 (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) and administered by the Department of the Interior to test or monitor weather (including energy provided by weather, such as 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 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 require, by regulation, that any applicant seeking to conduct an offshore meteorological site testing and monitoring project shall obtain a permit and right-of-way for the project in accordance with this subsection.CommentsClose CommentsPermalink





(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 by not later than 30 days after the date of receipt of a relevant application.CommentsClose CommentsPermalink





(B) PUBLIC COMMENT AND CONSULTATION- During the 30-day period referred to in subparagraph (A) with respect to an application for a permit and right-of-way under this subsection, the Secretary shall--CommentsClose CommentsPermalink





(i) provide an opportunity for submission of comments regarding the application 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 the issuance of the permit and right-of-way.CommentsClose CommentsPermalink





(C) DENIAL OF PERMIT; OPPORTUNITY TO REMEDY DEFICIENCIES- If an application is denied under this subsection, the Secretary shall provide to the applicant--CommentsClose CommentsPermalink





(i) in writing--CommentsClose CommentsPermalink





(I) a list of clear and comprehensive reasons why the application was denied; andCommentsClose CommentsPermalink





(II) detailed information concerning any deficiencies in the application; andCommentsClose CommentsPermalink





(ii) an opportunity to remedy those deficiencies.CommentsClose CommentsPermalink





(c) NEPA Exclusion- Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to an offshore meteorological site testing and monitoring project.CommentsClose CommentsPermalink





(d) Protection of Information- Any information provided to the Secretary of the Interior under subsection (a)(3) shall be--CommentsClose CommentsPermalink





(1) treated by the Secretary as proprietary information; andCommentsClose CommentsPermalink





(2) protected against disclosure.CommentsClose CommentsPermalink

TITLE IX--CRITICAL MINERALSCommentsClose CommentsPermalink

SEC. 901. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) APPLICABLE COMMITTEES- The term ‘applicable committees’ means--CommentsClose CommentsPermalink





(A) the Committee on Energy and Natural Resources of the Senate;CommentsClose CommentsPermalink





(B) the Committee on Natural Resources of the House of Representatives;CommentsClose CommentsPermalink





(C) the Committee on Energy and Commerce of the House of Representatives; andCommentsClose CommentsPermalink





(D) the Committee on Science, Space, and Technology of the House of Representatives.CommentsClose CommentsPermalink





(2) CLEAN ENERGY TECHNOLOGY- The term ‘clean energy technology’ means a technology related to the production, use, transmission, storage, control, or conservation of energy that--CommentsClose CommentsPermalink





(A) reduces the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, storing, or transporting energy with greater effectiveness in or through the infrastructure of the United States;CommentsClose CommentsPermalink





(B) diversifies the sources of energy supply of the United States to strengthen energy security and to increase supplies with a favorable balance of environmental effects if the entire technology system is considered; orCommentsClose CommentsPermalink





(C) contributes to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or sequestration of energy-related greenhouse gas emissions.CommentsClose CommentsPermalink





(3) CRITICAL MINERAL-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘critical mineral’ means any mineral designated as a critical mineral pursuant to section 902.CommentsClose CommentsPermalink





(B) EXCLUSIONS- The term ‘critical mineral’ does not include coal, oil, natural gas, or any other fossil fuels.CommentsClose CommentsPermalink





(4) CRITICAL MINERAL MANUFACTURING- The term ‘critical mineral manufacturing’ means--CommentsClose CommentsPermalink





(A) the production, processing, refining, alloying, separation, concentration, magnetic sintering, melting, or beneficiation of critical minerals within the United States;CommentsClose CommentsPermalink





(B) the fabrication, assembly, or production, within the United States, of clean energy technologies (including technologies related to wind, solar, and geothermal energy, efficient lighting, electrical superconducting materials, permanent magnet motors, batteries, and other energy storage devices), military equipment, and consumer electronics, or components necessary for applications; orCommentsClose CommentsPermalink





(C) any other value-added, manufacturing-related use of critical minerals undertaken within the United States.CommentsClose CommentsPermalink





(5) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).CommentsClose CommentsPermalink





(6) MILITARY EQUIPMENT- The term ‘military equipment’ means equipment used directly by the Armed Forces to carry out military operations.CommentsClose CommentsPermalink





(7) RARE EARTH ELEMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘rare earth element’ means the chemical elements in the periodic table from lanthanum (atomic number 57) up to and including lutetium (atomic number 71).CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘rare earth element’ includes the similar chemical elements yttrium (atomic number 39) and scandium (atomic number 21).CommentsClose CommentsPermalink





(8) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior--CommentsClose CommentsPermalink





(A) acting through the Director of the United States Geological Survey; andCommentsClose CommentsPermalink





(B) in consultation with (as appropriate)--CommentsClose CommentsPermalink





(i) the Secretary of Energy;CommentsClose CommentsPermalink





(ii) the Secretary of Defense;CommentsClose CommentsPermalink





(iii) the Secretary of Commerce;CommentsClose CommentsPermalink





(iv) the Secretary of State;CommentsClose CommentsPermalink





(v) the Secretary of Agriculture;CommentsClose CommentsPermalink





(vi) the United States Trade Representative; andCommentsClose CommentsPermalink





(vii) the heads of other applicable Federal agencies.CommentsClose CommentsPermalink





(9) STATE- The term ‘State’ means--CommentsClose CommentsPermalink





(A) a State;CommentsClose CommentsPermalink





(B) the Commonwealth of Puerto Rico; andCommentsClose CommentsPermalink





(C) any other territory or possession of the United States.CommentsClose CommentsPermalink





(10) VALUE-ADDED- The term ‘value-added’ means, with respect to an activity, an activity that changes the form, fit, or function of a product, service, raw material, or physical good so that the resultant market price is greater than the cost of making the changes.CommentsClose CommentsPermalink





(11) WORKING GROUP- The term ‘Working Group’ means the Critical Minerals Working Group established under section 905(a).CommentsClose CommentsPermalink

SEC. 902. DESIGNATIONS.

(a) Draft Methodology- Not later than 30 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register for public comment a draft methodology for determining which minerals qualify as critical minerals based on an assessment of whether the minerals are--CommentsClose CommentsPermalink





(1) subject to potential supply restrictions (including restrictions associated with foreign political risk, abrupt demand growth, military conflict, and anti-competitive or protectionist behaviors); andCommentsClose CommentsPermalink





(2) important in use (including clean energy technology-, defense-, agriculture-, and health care-related applications).CommentsClose CommentsPermalink





(b) Availability of Data- If available data is insufficient to provide a quantitative basis for the methodology developed under this section, qualitative evidence may be used.CommentsClose CommentsPermalink





(c) Final Methodology- After reviewing public comments on the draft methodology under subsection (a) and updating the draft methodology as appropriate, the Secretary shall enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering to obtain, not later than 120 days after the date of enactment of this Act--CommentsClose CommentsPermalink





(1) a review of the methodology; andCommentsClose CommentsPermalink





(2) recommendations for improving the methodology.CommentsClose CommentsPermalink





(d) Final Methodology- After reviewing the recommendations under subsection (c), not later than 150 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a description of the final methodology for determining which minerals qualify as critical minerals.CommentsClose CommentsPermalink





(e) Designations- Not later than 180 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a list of minerals designated as critical, pursuant to the final methodology under subsection (d), for purposes of carrying out this title.CommentsClose CommentsPermalink





(f) Subsequent Review- The methodology and designations developed under subsections (d) and (e) shall be updated at least every 5 years, or in more regular intervals if considered appropriate by the Secretary.CommentsClose CommentsPermalink





(g) Notice- On finalization of the methodology under subsection (d), the list under subsection (e), or any update to the list under subsection (f), the Secretary shall submit to the applicable committees written notice of the action.CommentsClose CommentsPermalink

SEC. 903. POLICY.

(a) Policy- It is the policy of the United States to promote an adequate, reliable, domestic, and stable supply of critical minerals, produced in an environmentally responsible manner, in order to strengthen and sustain the economic security, and the manufacturing, industrial, energy, technological, and competitive stature, of the United States.CommentsClose CommentsPermalink





(b) Coordination- The President, acting through the Executive Office of the President, shall coordinate the actions of Federal agencies under this and other Acts--CommentsClose CommentsPermalink





(1) to encourage Federal agencies to facilitate the availability, development, and environmentally responsible production of domestic resources to meet national critical minerals needs;CommentsClose CommentsPermalink





(2) to minimize duplication, needless paperwork, and delays in the administration of applicable laws (including regulations) and the issuance of permits and authorizations necessary to explore for, develop, and produce critical minerals and to construct and operate critical mineral manufacturing facilities in an environmentally responsible manner;CommentsClose CommentsPermalink





(3) to promote the development of economically stable and environmentally responsible domestic critical mineral production and manufacturing;CommentsClose CommentsPermalink





(4) to establish an analytical and forecasting capability for identifying critical mineral demand, supply, and other market dynamics relevant to policy formulation so that informed actions may be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts;CommentsClose CommentsPermalink





(5) to strengthen educational and research capabilities and workforce training;CommentsClose CommentsPermalink





(6) to bolster international cooperation through technology transfer, information sharing, and other means;CommentsClose CommentsPermalink





(7) to promote the efficient production, use, and recycling of critical minerals;CommentsClose CommentsPermalink





(8) to develop alternatives to critical minerals; andCommentsClose CommentsPermalink





(9) to establish contingencies for the production of, or access to, critical minerals for which viable sources do not exist within the United States.CommentsClose CommentsPermalink

SEC. 904. RESOURCE ASSESSMENT.

(a) In General- Not later than 4 years after the date of enactment of this Act, in consultation with applicable State (including geological surveys), local, academic, industry, and other entities, the Secretary shall complete a comprehensive national assessment of each critical mineral that--CommentsClose CommentsPermalink





(1) identifies and quantifies known critical mineral resources, using all available public and private information and datasets, including exploration histories;CommentsClose CommentsPermalink





(2) estimates the cost of production of the critical mineral resources identified and quantified under this section, using all available public and private information and datasets, including exploration histories;CommentsClose CommentsPermalink





(3) provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the United States, including probability estimates of tonnage and grade, using all available public and private information and datasets, including exploration histories;CommentsClose CommentsPermalink





(4) provides qualitative information on the environmental attributes of the critical mineral resources identified under this section; andCommentsClose CommentsPermalink





(5) pays particular attention to the identification and quantification of critical mineral resources on Federal land that is open to location and entry for exploration, development, and other uses.CommentsClose CommentsPermalink





(b) Field Work- If existing information and datasets prove insufficient to complete the assessment under this section and there is no reasonable opportunity to obtain the information and datasets from nongovernmental entities, the Secretary may carry out field work (including drilling, remote sensing, geophysical surveys, geological mapping, and geochemical sampling and analysis) to supplement existing information and datasets available for determining the existence of critical minerals on--CommentsClose CommentsPermalink





(1) Federal land that is open to location and entry for exploration, development, and other uses;CommentsClose CommentsPermalink





(2) tribal land, at the request and with the written permission of the Indian tribe with jurisdiction over the land; andCommentsClose CommentsPermalink





(3) State land, at the request and with the written permission of the Governor of the State.CommentsClose CommentsPermalink





(c) Technical Assistance- At the request of the Governor of a State or an Indian tribe, the Secretary may provide technical assistance to State governments and Indian tribes conducting critical mineral resource assessments on non-Federal land.CommentsClose CommentsPermalink





(d) Financial Assistance- The Secretary may make grants to State governments, or Indian tribes and economic development entities of Indian tribes, to cover the costs associated with assessments of critical mineral resources on State or tribal land, as applicable.CommentsClose CommentsPermalink





(e) Report- Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the applicable committees a report describing the results of the assessment conducted under this section.CommentsClose CommentsPermalink





(f) Prioritization-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may sequence the completion of resource assessments for each critical mineral such that critical materials considered to be most critical under the methodology established pursuant to section 902 are completed first.CommentsClose CommentsPermalink





(2) REPORTING- If the Secretary sequences the completion of resource assessments for each critical material, the Secretary shall submit a report under subsection (e) on an iterative basis over the 4-year period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink





(g) Updates- The Secretary shall periodically update the assessment conducted under this section based on--CommentsClose CommentsPermalink





(1) the generation of new information or datasets by the Federal Government; orCommentsClose CommentsPermalink





(2) the receipt of new information or datasets from critical mineral producers, State geological surveys, academic institutions, trade associations, or other entities or individuals.CommentsClose CommentsPermalink

SEC. 905. PERMITTING.

(a) Critical Minerals Working Group-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established within the Department of the Interior a working group to be known as the ‘Critical Minerals Working Group’, which shall report to the President and the applicable committees through the Secretary.CommentsClose CommentsPermalink





(2) COMPOSITION- The Working Group shall be composed of the following:CommentsClose CommentsPermalink





(A) The Secretary of the Interior (or a designee), who shall serve as chair of the Working Group.CommentsClose CommentsPermalink





(B) A Presidential designee from the Executive Office of the President, who shall serve as vice-chair of the Working Group.CommentsClose CommentsPermalink





(C) The Secretary of Energy (or a designee).CommentsClose CommentsPermalink





(D) The Secretary of Agriculture (or a designee).CommentsClose CommentsPermalink





(E) The Secretary of Defense (or a designee).CommentsClose CommentsPermalink





(F) The Secretary of Commerce (or a designee).CommentsClose CommentsPermalink





(G) The Secretary of State (or a designee).CommentsClose CommentsPermalink





(H) The United States Trade Representative (or a designee).CommentsClose CommentsPermalink





(I) The Administrator of the Environmental Protection Agency (or a designee).CommentsClose CommentsPermalink





(J) The Chief of Engineers of the Corps of Engineers (or a designee).CommentsClose CommentsPermalink





(b) Consultation- The Working Group shall operate in consultation with private sector, academic, and other applicable stakeholders with experience related to--CommentsClose CommentsPermalink





(1) critical minerals exploration;CommentsClose CommentsPermalink





(2) critical minerals permitting;CommentsClose CommentsPermalink





(3) critical minerals production; andCommentsClose CommentsPermalink





(4) critical minerals manufacturing.CommentsClose CommentsPermalink





(c) Duties- The Working Group shall--CommentsClose CommentsPermalink





(1) facilitate Federal agency efforts to optimize efficiencies associated with the permitting of activities that will increase exploration and development of domestic critical minerals, while maintaining environmental standards;CommentsClose CommentsPermalink





(2) facilitate Federal agency review of laws (including regulations) and policies that discourage investment in exploration and development of domestic critical minerals;CommentsClose CommentsPermalink





(3) assess whether Federal policies adversely impact the global competitiveness of the domestic critical minerals exploration and development sector (including taxes, fees, regulatory burdens, and access restrictions);CommentsClose CommentsPermalink





(4) evaluate the sufficiency of existing mechanisms for the provision of tenure on Federal land and the role of the mechanisms in attracting capital investment for the exploration and development of domestic critical minerals; andCommentsClose CommentsPermalink





(5) generate such other information and take such other actions as the Working Group considers appropriate to achieve the policy described in section 903(a).CommentsClose CommentsPermalink





(d) Report- Not later than 300 days after the date of enactment of this Act, the Working Group shall submit to the applicable committees a report that--CommentsClose CommentsPermalink





(1) describes the results of actions taken under subsection (c);CommentsClose CommentsPermalink





(2) evaluates the amount of time typically required (including the range derived from minimum and maximum durations, mean, median, variance, and other statistical measures or representations) to complete each step (including those aspects outside the control of the executive branch of the Federal Government, such as judicial review, applicant decisions, or State and local government involvement) associated with the processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land, which shall serve as a baseline for the performance metric developed and finalized under subsections (e) and (f), respectively;CommentsClose CommentsPermalink





(3) identifies measures (including regulatory changes and legislative proposals) that would optimize efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals; andCommentsClose CommentsPermalink





(4) identifies options (including cost recovery paid by applicants) for ensuring adequate staffing of divisions, field offices, or other entities responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land.CommentsClose CommentsPermalink





(e) Draft Performance Metric- Not later than 330 days after the date of enactment of this Act, and on completion of the report required under subsection (d), the Working Group shall publish in the Federal Register for public comment a draft description of a performance metric for evaluating the progress made by the executive branch of the Federal Government on matters within the control of that branch towards optimizing efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals.CommentsClose CommentsPermalink





(f) Final Performance Metric- Not later than 1 year after the date of enactment of this Act, and after consideration of any public comments received under subsection (e), the Working Group shall publish in the Federal Register a description of the final performance metric.CommentsClose CommentsPermalink





(g) Annual Report- Not later than 2 years after the date of enactment of this Act and annually thereafter, using the final performance metric under subsection (f), the Working Group shall submit to the applicable committees, as part of the budget request of the Department of the Interior for each fiscal year, each report that--CommentsClose CommentsPermalink





(1) describes the progress made by the executive branch of the Federal Government on matters within the control of that branch towards optimizing efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals; andCommentsClose CommentsPermalink





(2) compares the United States to other countries in terms of permitting efficiency, environmental standards, and other criteria relevant to a globally competitive economic sector.CommentsClose CommentsPermalink





(h) Report of Small Business Administration- Not later than 300 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the applicable committees a report that assesses the performance of Federal agencies in--CommentsClose CommentsPermalink





(1) complying with chapter 6 of title 5, United States Code (commonly known as the ‘Regulatory Flexibility Act’), in promulgating regulations applicable to the critical minerals industry; andCommentsClose CommentsPermalink





(2) performing an analysis of regulations applicable to the critical minerals industry that may be outmoded, inefficient, duplicative, or excessively burdensome.CommentsClose CommentsPermalink





(i) Judicial Review-CommentsClose CommentsPermalink





(1) IN GENERAL- Nothing in this section affects any judicial review of an agency action under any other provision of law.CommentsClose CommentsPermalink





(2) CONSTRUCTION- This section--CommentsClose CommentsPermalink





(A) is intended to improve the internal management of the Federal Government; andCommentsClose CommentsPermalink





(B) does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States (including an agency, instrumentality, officer, or employee) or any other person.CommentsClose CommentsPermalink

SEC. 906. RECYCLING AND ALTERNATIVES.

(a) Establishment- The Secretary of Energy shall conduct a program of research and development to promote the efficient production, use, and recycling of, and alternatives to, critical minerals.CommentsClose CommentsPermalink





(b) Cooperation- In carrying out the program, the Secretary of Energy shall cooperate with appropriate--CommentsClose CommentsPermalink





(1) Federal agencies and National Laboratories;CommentsClose CommentsPermalink





(2) critical mineral producers;CommentsClose CommentsPermalink





(3) critical mineral manufacturers;CommentsClose CommentsPermalink





(4) trade associations;CommentsClose CommentsPermalink





(5) academic institutions;CommentsClose CommentsPermalink





(6) small businesses; andCommentsClose CommentsPermalink





(7) other relevant entities or individuals.CommentsClose CommentsPermalink





(c) Activities- Under the program, the Secretary of Energy shall carry out activities that include the identification and development of--CommentsClose CommentsPermalink





(1) advanced critical mineral production or processing technologies that decrease the environmental impact, and costs of production, of such activities;CommentsClose CommentsPermalink





(2) techniques and practices that minimize or lead to more efficient use of critical minerals;CommentsClose CommentsPermalink





(3) techniques and practices that facilitate the recycling of critical minerals, including options for improving the rates of collection of post-consumer products containing critical minerals;CommentsClose CommentsPermalink





(4) commercial markets, advanced storage methods, energy applications, and other beneficial uses of critical minerals processing byproducts; andCommentsClose CommentsPermalink





(5) alternative minerals, metals, and materials, particularly those available in abundance within the United States and not subject to potential supply restrictions, that lessen the need for critical minerals.CommentsClose CommentsPermalink





(d) Report- Not later than 2 years after the date of enactment of this Act and every 5 years thereafter, the Secretaries shall submit to the applicable committees a report summarizing the activities, findings, and progress of the program.CommentsClose CommentsPermalink

SEC. 907. ANALYSIS AND FORECASTING.

(a) Capabilities- In order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts, the Secretary, in consultation with academic institutions, the Energy Information Administration, and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools, shall conduct and publish the results of an annual report that includes--CommentsClose CommentsPermalink





(1) as part of the annually published Mineral Commodity Summaries from the United States Geological Survey, a comprehensive review of critical mineral production, consumption, and recycling patterns, including--CommentsClose CommentsPermalink





(A) the quantity of each critical mineral domestically produced during the preceding year;CommentsClose CommentsPermalink





(B) the quantity of each critical mineral domestically consumed during the preceding year;CommentsClose CommentsPermalink





(C) market price data for each critical mineral;CommentsClose CommentsPermalink





(D) an assessment of--CommentsClose CommentsPermalink





(i) critical mineral requirements to meet the national security, energy, economic, industrial, technological, and other needs of the United States during the preceding year;CommentsClose CommentsPermalink





(ii) the reliance of the United States on foreign sources to meet those needs during the preceding year; andCommentsClose CommentsPermalink





(iii) the implications of any supply shortages, restrictions, or disruptions during the preceding year;CommentsClose CommentsPermalink





(E) the quantity of each critical mineral domestically recycled during the preceding year;CommentsClose CommentsPermalink





(F) the market penetration during the preceding year of alternatives to each critical mineral;CommentsClose CommentsPermalink





(G) a discussion of applicable international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; andCommentsClose CommentsPermalink





(H) such other data, analyses, and evaluations as the Secretary finds are necessary to achieve the purposes of this section; andCommentsClose CommentsPermalink





(2) a comprehensive forecast, entitled the ‘Annual Critical Minerals Outlook’, of projected critical mineral production, consumption, and recycling patterns, including--CommentsClose CommentsPermalink





(A) the quantity of each critical mineral projected to be domestically produced over the subsequent 1-year, 5-year, and 10-year periods;CommentsClose CommentsPermalink





(B) the quantity of each critical mineral projected to be domestically consumed over the subsequent 1-year, 5-year, and 10-year periods;CommentsClose CommentsPermalink





(C) market price projections for each critical mineral, to the maximum extent practicable and based on the best available information;CommentsClose CommentsPermalink





(D) an assessment of--CommentsClose CommentsPermalink





(i) critical mineral requirements to meet projected national security, energy, economic, industrial, technological, and other needs of the United States;CommentsClose CommentsPermalink





(ii) the projected reliance of the United States on foreign sources to meet those needs; andCommentsClose CommentsPermalink





(iii) the projected implications of potential supply shortages, restrictions, or disruptions;CommentsClose CommentsPermalink





(E) the quantity of each critical mineral projected to be domestically recycled over the subsequent 1-year, 5-year, and 10-year periods;CommentsClose CommentsPermalink





(F) the market penetration of alternatives to each critical mineral projected to take place over the subsequent 1-year, 5-year, and 10-year periods;CommentsClose CommentsPermalink





(G) a discussion of reasonably foreseeable international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; andCommentsClose CommentsPermalink





(H) such other projections relating to each critical mineral as the Secretary determines to be necessary to achieve the purposes of this section.CommentsClose CommentsPermalink





(b) Proprietary Information- In preparing a report described in subsection (a), the Secretary shall ensure that--CommentsClose CommentsPermalink





(1) no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person who supplied the information is not discernible and is not material to the intended uses of the information;CommentsClose CommentsPermalink





(2) no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information; andCommentsClose CommentsPermalink





(3) procedures are established to require the withholding of any information or data collected for the report if the Secretary determines that withholding is necessary to protect proprietary information, including any trade secrets or other confidential information.CommentsClose CommentsPermalink

SEC. 908. EDUCATION AND WORKFORCE.

(a) Workforce Assessment- Not later than 300 days after the date of enactment of this Act, the Secretary of Labor (in consultation with the Secretary of the Interior, the Director of the National Science Foundation, and employers in the critical minerals sector) shall submit to Congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral assessment, production, manufacturing, recycling, analysis, forecasting, education, and research, including an analysis of--CommentsClose CommentsPermalink





(1) skills that are in the shortest supply as of the date of the assessment;CommentsClose CommentsPermalink





(2) skills that are projected to be in short supply in the future;CommentsClose CommentsPermalink





(3) the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce;CommentsClose CommentsPermalink





(4) the effectiveness of training and education programs in addressing skills shortages;CommentsClose CommentsPermalink





(5) opportunities to hire locally for new and existing critical mineral activities;CommentsClose CommentsPermalink





(6) the sufficiency of personnel within relevant areas of the Federal Government for achieving the policy described in section 903(a); andCommentsClose CommentsPermalink





(7) the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry.CommentsClose CommentsPermalink





(b) Curriculum Study-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary and the Secretary of Labor shall jointly enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering under which the Academies shall coordinate with the National Science Foundation on conducting a study--CommentsClose CommentsPermalink





(A) to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the United States to increase domestic, critical mineral exploration, development, and manufacturing;CommentsClose CommentsPermalink





(B) to address undergraduate and graduate education, especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic, critical mineral exploration, development, and manufacturing;CommentsClose CommentsPermalink





(C) to develop guidelines for proposals from institutions of higher education with substantial capabilities in the required disciplines to improve the critical mineral supply chain and advance the capacity of the United States to increase domestic, critical mineral exploration, development, and manufacturing; andCommentsClose CommentsPermalink





(D) to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the grant program described in subsection (c).CommentsClose CommentsPermalink





(2) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a description of the results of the study required under paragraph (1).CommentsClose CommentsPermalink





(c) Grant Program-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- The Secretary and the National Science Foundation shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive 4-year grants for--CommentsClose CommentsPermalink





(A) startup costs for newly designated faculty positions in integrated critical mineral education, research, innovation, training, and workforce development programs consistent with subsection (b);CommentsClose CommentsPermalink





(B) internships, scholarships, and fellowships for students enrolled in critical mineral programs; andCommentsClose CommentsPermalink





(C) equipment necessary for integrated critical mineral innovation, training, and workforce development programs.CommentsClose CommentsPermalink





(2) RENEWAL- A grant under this subsection shall be renewable for up to 2 additional 3-year terms based on performance criteria outlined under subsection (b)(1)(D).CommentsClose CommentsPermalink