[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4899 Engrossed in House (EH)]
113th CONGRESS
2d Session
H. R. 4899
_______________________________________________________________________
AN ACT
To lower gasoline prices for the American family by increasing domestic
onshore and offshore energy exploration and production, to streamline
and improve onshore and offshore energy permitting and administration,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lowering Gasoline Prices to Fuel an
America That Works Act of 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is the following:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--OFFSHORE ENERGY AND JOBS
Subtitle A--Outer Continental Shelf Leasing Program Reforms
Sec. 10101. Outer Continental Shelf leasing program reforms.
Sec. 10102. Domestic oil and natural gas production goal.
Sec. 10103. Development and submittal of new 5-year oil and gas leasing
program.
Sec. 10104. Rule of construction.
Sec. 10105. Addition of lease sales after finalization of 5-year plan.
Subtitle B--Directing the President To Conduct New OCS Sales
Sec. 10201. Requirement to conduct proposed oil and gas Lease Sale 220
on the Outer Continental Shelf offshore
Virginia.
Sec. 10202. South Carolina lease sale.
Sec. 10203. Southern California existing infrastructure lease sale.
Sec. 10204. Environmental impact statement requirement.
Sec. 10205. National defense.
Sec. 10206. Eastern Gulf of Mexico not included.
Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues
Sec. 10301. Disposition of Outer Continental Shelf revenues to coastal
States.
Subtitle D--Reorganization of Minerals Management Agencies of the
Department of the Interior
Sec. 10401. Establishment of Under Secretary for Energy, Lands, and
Minerals and Assistant Secretary of Ocean
Energy and Safety.
Sec. 10402. Bureau of Ocean Energy.
Sec. 10403. Ocean Energy Safety Service.
Sec. 10404. Office of Natural Resources revenue.
Sec. 10405. Ethics and drug testing.
Sec. 10406. Abolishment of Minerals Management Service.
Sec. 10407. Conforming amendments to Executive Schedule pay rates.
Sec. 10408. Outer Continental Shelf Energy Safety Advisory Board.
Sec. 10409. Outer Continental Shelf inspection fees.
Sec. 10410. Prohibition on action based on National Ocean Policy
developed under Executive Order No. 13547.
Subtitle E--United States Territories
Sec. 10501. Application of Outer Continental Shelf Lands Act with
respect to territories of the United
States.
Subtitle F--Miscellaneous Provisions
Sec. 10601. Rules regarding distribution of revenues under Gulf of
Mexico Energy Security Act of 2006.
Sec. 10602. Amount of distributed qualified outer Continental Shelf
revenues.
Sec. 10603. South Atlantic Outer Continental Shelf Planning Area
defined.
Sec. 10604. Enhancing geological and geophysical information for
America's energy future.
Subtitle G--Judicial Review
Sec. 10701. Time for filing complaint.
Sec. 10702. District court deadline.
Sec. 10703. Ability to seek appellate review.
Sec. 10704. Limitation on scope of review and relief.
Sec. 10705. Legal fees.
Sec. 10706. Exclusion.
Sec. 10707. Definitions.
TITLE II--ONSHORE FEDERAL LANDS AND ENERGY SECURITY
Subtitle A--Federal Lands Jobs and Energy Security
Sec. 21001. Short title.
Sec. 21002. Policies regarding buying, building, and working for
America.
Chapter 1--Onshore Oil and Gas Permit Streamlining
Sec. 21101. Short title.
subchapter a--application for permits to drill process reform
Sec. 21111. Permit to drill application timeline.
subchapter b--administrative protest documentation reform
Sec. 21121. Administrative protest documentation reform.
subchapter c--permit streamlining
Sec. 21131. Making pilot offices permanent to improve energy permitting
on Federal lands.
Sec. 21132. Administration of current law.
subchapter d--judicial review
Sec. 21141. Definitions.
Sec. 21142. Exclusive venue for certain civil actions relating to
covered energy projects.
Sec. 21143. Timely filing.
Sec. 21144. Expedition in hearing and determining the action.
Sec. 21145. Standard of review.
Sec. 21146. Limitation on injunction and prospective relief.
Sec. 21147. Limitation on attorneys' fees.
Sec. 21148. Legal standing.
subchapter e--knowing america's oil and gas resources
Sec. 21151. Funding oil and gas resource assessments.
Chapter 2--Oil and Gas Leasing Certainty
Sec. 21201. Short title.
Sec. 21202. Minimum acreage requirement for onshore lease sales.
Sec. 21203. Leasing certainty.
Sec. 21204. Leasing consistency.
Sec. 21205. Reduce redundant policies.
Sec. 21206. Streamlined congressional notification.
Chapter 3--Oil Shale
Sec. 21301. Short title.
Sec. 21302. Effectiveness of oil shale regulations, amendments to
resource management plans, and record of
decision.
Sec. 21303. Oil shale leasing.
Chapter 4--Miscellaneous Provisions
Sec. 21401. Rule of construction.
Subtitle B--Planning for American Energy
Sec. 22001. Short title.
Sec. 22002. Onshore domestic energy production strategic plan.
Subtitle C--National Petroleum Reserve in Alaska Access
Sec. 23001. Short title.
Sec. 23002. Sense of Congress and reaffirming national policy for the
National Petroleum Reserve in Alaska.
Sec. 23003. National Petroleum Reserve in Alaska: lease sales.
Sec. 23004. National Petroleum Reserve in Alaska: planning and
permitting pipeline and road construction.
Sec. 23005. Issuance of a new integrated activity plan and
environmental impact statement.
Sec. 23006. Departmental accountability for development.
Sec. 23007. Deadlines under new proposed integrated activity plan.
Sec. 23008. Updated resource assessment.
Subtitle D--BLM Live Internet Auctions
Sec. 24001. Short title.
Sec. 24002. Internet-based onshore oil and gas lease sales.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 30101. Establishment of Office of Energy Employment and Training.
TITLE I--OFFSHORE ENERGY AND JOBS
Subtitle A--Outer Continental Shelf Leasing Program Reforms
SEC. 10101. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS.
Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(a)) is amended by adding at the end the following:
``(5)(A) In each oil and gas leasing program under this
section, the Secretary shall make available for leasing and
conduct lease sales including at least 50 percent of the
available unleased acreage within each outer Continental Shelf
planning area considered to have the largest undiscovered,
technically recoverable oil and gas resources (on a total btu
basis) based upon the most recent national geologic assessment
of the outer Continental Shelf, with an emphasis on offering
the most geologically prospective parts of the planning area.
``(B) The Secretary shall include in each proposed oil and
gas leasing program under this section any State subdivision of
an outer Continental Shelf planning area that the Governor of
the State that represents that subdivision requests be made
available for leasing. The Secretary may not remove such a
subdivision from the program until publication of the final
program, and shall include and consider all such subdivisions
in any environmental review conducted and statement prepared
for such program under section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
``(C) In this paragraph the term `available unleased
acreage' means that portion of the outer Continental Shelf that
is not under lease at the time of a proposed lease sale, and
that has not otherwise been made unavailable for leasing by
law.
``(6)(A) In the 5-year oil and gas leasing program, the
Secretary shall make available for leasing any outer
Continental Shelf planning areas that--
``(i) are estimated to contain more than
2,500,000,000 barrels of oil; or
``(ii) are estimated to contain more than
7,500,000,000,000 cubic feet of natural gas.
``(B) To determine the planning areas described in
subparagraph (A), the Secretary shall use the document entitled
`Minerals Management Service Assessment of Undiscovered
Technically Recoverable Oil and Gas Resources of the Nation's
Outer Continental Shelf, 2006'.''.
SEC. 10102. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.
Section 18(b) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(b)) is amended to read as follows:
``(b) Domestic Oil and Natural Gas Production Goal.---
``(1) In general.--In developing a 5-year oil and gas
leasing program, and subject to paragraph (2), the Secretary
shall determine a domestic strategic production goal for the
development of oil and natural gas as a result of that program.
Such goal shall be--
``(A) the best estimate of the possible increase in
domestic production of oil and natural gas from the
outer Continental Shelf;
``(B) focused on meeting domestic demand for oil
and natural gas and reducing the dependence of the
United States on foreign energy; and
``(C) focused on the production increases achieved
by the leasing program at the end of the 15-year period
beginning on the effective date of the program.
``(2) Program goal.--For purposes of the 5-year oil and gas
leasing program, the production goal referred to in paragraph
(1) shall be an increase by 2032 of--
``(A) no less than 3,000,000 barrels in the amount
of oil produced per day; and
``(B) no less than 10,000,000,000 cubic feet in the
amount of natural gas produced per day.
``(3) Reporting.--The Secretary shall report annually,
beginning at the end of the 5-year period for which the program
applies, to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate on the progress of the program in
meeting the production goal. The Secretary shall identify in
the report projections for production and any problems with
leasing, permitting, or production that will prevent meeting
the goal.''.
SEC. 10103. DEVELOPMENT AND SUBMITTAL OF NEW 5-YEAR OIL AND GAS LEASING
PROGRAM.
(a) In General.--The Secretary of the Interior shall--
(1) by not later than July 15, 2015, publish and submit to
Congress a new proposed oil and gas leasing program under
section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) for the 5-year period beginning on such date and ending
July 15, 2021; and
(2) by not later than July 15, 2016, approve a final oil
and gas leasing program under such section for such period.
(b) Consideration of All Areas.--In preparing such program the
Secretary shall include consideration of areas of the Continental Shelf
off the coasts of all States (as such term is defined in section 2 of
that Act, as amended by this title), that are subject to leasing under
this title.
(c) Technical Correction.--Section 18(d)(3) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1344(d)(3)) is amended by
striking ``or after eighteen months following the date of enactment of
this section, whichever first occurs,''.
SEC. 10104. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to authorize the issuance
of a lease under the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.) to any person designated for the imposition of sanctions
pursuant to--
(1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note),
the Comprehensive Iran Sanctions, Accountability and
Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran
Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8701 et seq.), section 1245 of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or
the Iran Freedom and Counter-Proliferation Act of 2012 (22
U.S.C. 8801 et seq.);
(2) Executive Order No. 13622 (July 30, 2012), Executive
Order No. 13628 (October 9, 2012), or Executive Order No. 13645
(June 3, 2013);
(3) Executive Order No. 13224 (September 23, 2001) or
Executive Order No. 13338 (May 11, 2004); or
(4) the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (22 U.S.C. 2151 note).
SEC. 10105. ADDITION OF LEASE SALES AFTER FINALIZATION OF 5-YEAR PLAN.
Section 18(d) of the Outer Continental Shelf Lands Act (43
U.S.C.1344(d)) is amended--
(1) in paragraph (3), by striking ``After'' and inserting
``Except as provided in paragraph (4), after''; and
(2) by adding at the end the following:
``(4) The Secretary may add to the areas included in an approved
leasing program additional areas to be made available for leasing under
the program, if all review and documents required under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332) have
been completed with respect to leasing of each such additional area
within the 5-year period preceding such addition.''.
Subtitle B--Directing the President To Conduct New OCS Sales
SEC. 10201. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220
ON THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.
(a) In General.--Notwithstanding the exclusion of Lease Sale 220 in
the Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017,
the Secretary of the Interior shall conduct offshore oil and gas Lease
Sale 220 under section 8 of the Outer Continental Shelf Lands Act (43
U.S.C. 1337) as soon as practicable, but not later than one year after
the date of enactment of this Act.
(b) Requirement To Make Replacement Lease Blocks Available.--For
each lease block in a proposed lease sale under this section for which
the Secretary of Defense, in consultation with the Secretary of the
Interior, under the Memorandum of Agreement referred to in section
10205(b), issues a statement proposing deferral from a lease offering
due to defense-related activities that are irreconcilable with mineral
exploration and development, the Secretary of the Interior, in
consultation with the Secretary of Defense, shall make available in the
same lease sale one other lease block in the Virginia lease sale
planning area that is acceptable for oil and gas exploration and
production in order to mitigate conflict.
(c) Balancing Military and Energy Production Goals.--In recognition
that the Outer Continental Shelf oil and gas leasing program and the
domestic energy resources produced therefrom are integral to national
security, the Secretary of the Interior and the Secretary of Defense
shall work jointly in implementing this section in order to ensure
achievement of the following common goals:
(1) Preserving the ability of the Armed Forces of the
United States to maintain an optimum state of readiness through
their continued use of the Outer Continental Shelf.
(2) Allowing effective exploration, development, and
production of our Nation's oil, gas, and renewable energy
resources.
(d) Definitions.--In this section:
(1) Lease sale 220.--The term ``Lease Sale 220'' means such
lease sale referred to in the Request for Comments on the Draft
Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas
Leasing Program for 2010-2015 and Notice of Intent To Prepare
an Environmental Impact Statement (EIS) for the Proposed 5-Year
Program published January 21, 2009 (74 Fed. Reg. 3631).
(2) Virginia lease sale planning area.--The term ``Virginia
lease sale planning area'' means the area of the outer
Continental Shelf (as that term is defined in the Outer
Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that is
bounded by--
(A) a northern boundary consisting of a straight
line extending from the northernmost point of
Virginia's seaward boundary to the point on the seaward
boundary of the United States exclusive economic zone
located at 37 degrees 17 minutes 1 second North
latitude, 71 degrees 5 minutes 16 seconds West
longitude; and
(B) a southern boundary consisting of a straight
line extending from the southernmost point of
Virginia's seaward boundary to the point on the seaward
boundary of the United States exclusive economic zone
located at 36 degrees 31 minutes 58 seconds North
latitude, 71 degrees 30 minutes 1 second West
longitude.
SEC. 10202. SOUTH CAROLINA LEASE SALE.
Notwithstanding exclusion of the South Atlantic Outer Continental
Shelf Planning Area from the Final Outer Continental Shelf Oil & Gas
Leasing Program 2012-2017, the Secretary of the Interior shall conduct
a lease sale not later than 2 years after the date of the enactment of
this Act for areas off the coast of South Carolina determined by the
Secretary to have the most geologically promising hydrocarbon resources
and constituting not less than 25 percent of the leasable area within
the South Carolina offshore administrative boundaries depicted in the
notice entitled ``Federal Outer Continental Shelf (OCS) Administrative
Boundaries Extending from the Submerged Lands Act Boundary seaward to
the Limit of the United States Outer Continental Shelf'', published
January 3, 2006 (71 Fed. Reg. 127).
SEC. 10203. SOUTHERN CALIFORNIA EXISTING INFRASTRUCTURE LEASE SALE.
(a) In General.--The Secretary of the Interior shall offer for sale
leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of
the Southern California OCS Planning Area as soon as practicable, but
not later than December 31, 2015.
(b) Use of Existing Structures or Onshore-Based Drilling.--The
Secretary of the Interior shall include in leases offered for sale
under this lease sale such terms and conditions as are necessary to
require that development and production may occur only from offshore
infrastructure in existence on the date of the enactment of this Act or
from onshore-based, extended-reach drilling.
SEC. 10204. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.
(a) In General.--For the purposes of this title, the Secretary of
the Interior shall prepare a multisale environmental impact statement
under section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) for all lease sales required under this subtitle.
(b) Actions To Be Considered.--Notwithstanding section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332), in such
statement--
(1) the Secretary is not required to identify nonleasing
alternative courses of action or to analyze the environmental
effects of such alternative courses of action; and
(2) the Secretary shall only--
(A) identify a preferred action for leasing and not
more than one alternative leasing proposal; and
(B) analyze the environmental effects and potential
mitigation measures for such preferred action and such
alternative leasing proposal.
SEC. 10205. NATIONAL DEFENSE.
(a) National Defense Areas.--This title does not affect the
existing authority of the Secretary of Defense, with the approval of
the President, to designate national defense areas on the Outer
Continental Shelf pursuant to section 12(d) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1341(d)).
(b) Prohibition on Conflicts With Military Operations.--No person
may engage in any exploration, development, or production of oil or
natural gas on the Outer Continental Shelf under a lease issued under
this title that would conflict with any military operation, as
determined in accordance with the Memorandum of Agreement between the
Department of Defense and the Department of the Interior on Mutual
Concerns on the Outer Continental Shelf signed July 20, 1983, and any
revision or replacement for that agreement that is agreed to by the
Secretary of Defense and the Secretary of the Interior after that date
but before the date of issuance of the lease under which such
exploration, development, or production is conducted.
SEC. 10206. EASTERN GULF OF MEXICO NOT INCLUDED.
Nothing in this title affects restrictions on oil and gas leasing
under the Gulf of Mexico Energy Security Act of 2006 (title I of
division C of Public Law 109-432; 43 U.S.C. 1331 note).
Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues
SEC. 10301. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO COASTAL
STATES.
(a) In General.--Section 9 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1338) is amended--
(1) in the existing text--
(A) in the first sentence, by striking ``All
rentals,'' and inserting the following:
``(c) Disposition of Revenue Under Old Leases.--All rentals,''; and
(B) in subsection (c) (as designated by the
amendment made by subparagraph (A) of this paragraph),
by striking ``for the period from June 5, 1950, to
date, and thereafter'' and inserting ``in the period
beginning June 5, 1950, and ending on the date of
enactment of the Lowering Gasoline Prices to Fuel an
America That Works Act of 2014'';
(2) by adding after subsection (c) (as so designated) the
following:
``(d) Definitions.--In this section:
``(1) Coastal state.--The term `coastal State' includes a
territory of the United States.
``(2) New leasing revenues.--The term `new leasing
revenues'--
``(A) means amounts received by the United States
as bonuses, rents, and royalties under leases for oil
and gas, wind, tidal, or other energy exploration,
development, and production on new areas of the outer
Continental Shelf that are authorized to be made
available for leasing as a result of enactment of the
Lowering Gasoline Prices to Fuel an America That Works
Act of 2014 and leasing under that Act; and
``(B) does not include amounts received by the
United States under any lease of an area located in the
boundaries of the Central Gulf of Mexico and Western
Gulf of Mexico Outer Continental Shelf Planning Areas
on the date of enactment of the Lowering Gasoline
Prices to Fuel an America That Works Act of 2014,
including a lease issued before, on, or after such date
of enactment.''; and
(3) by inserting before subsection (c) (as so designated)
the following:
``(a) Payment of New Leasing Revenues to Coastal States.--
``(1) In general.--Except as provided in paragraph (2), of
the amount of new leasing revenues received by the United
States each fiscal year, 37.5 percent shall be allocated and
paid in accordance with subsection (b) to coastal States that
are affected States with respect to the leases under which
those revenues are received by the United States.
``(2) Phase-in.--
``(A) In general.--Except as provided in
subparagraph (B), paragraph (1) shall be applied--
``(i) with respect to new leasing revenues
under leases awarded under the first leasing
program under section 18(a) that takes effect
after the date of enactment of the Lowering
Gasoline Prices to Fuel an America That Works
Act of 2014, by substituting `12.5 percent' for
`37.5 percent'; and
``(ii) with respect to new leasing revenues
under leases awarded under the second leasing
program under section 18(a) that takes effect
after the date of enactment of the Lowering
Gasoline Prices to Fuel an America That Works
Act of 2014, by substituting `25 percent' for
`37.5 percent'.
``(B) Exempted lease sales.--This paragraph shall
not apply with respect to any lease issued under
subtitle B of the Lowering Gasoline Prices to Fuel an
America That Works Act of 2014.
``(b) Allocation of Payments.--
``(1) In general.--The amount of new leasing revenues
received by the United States with respect to a leased tract
that are required to be paid to coastal States in accordance
with this subsection each fiscal year shall be allocated among
and paid to coastal States that are within 200 miles of the
leased tract, in amounts that are inversely proportional to the
respective distances between the point on the coastline of each
such State that is closest to the geographic center of the
lease tract, as determined by the Secretary.
``(2) Minimum and maximum allocation.--The amount allocated
to a coastal State under paragraph (1) each fiscal year with
respect to a leased tract shall be--
``(A) in the case of a coastal State that is the
nearest State to the geographic center of the leased
tract, not less than 25 percent of the total amounts
allocated with respect to the leased tract;
``(B) in the case of any other coastal State, not
less than 10 percent, and not more than 15 percent, of
the total amounts allocated with respect to the leased
tract; and
``(C) in the case of a coastal State that is the
only coastal State within 200 miles of a leased tract,
100 percent of the total amounts allocated with respect
to the leased tract.
``(3) Administration.--Amounts allocated to a coastal State
under this subsection--
``(A) shall be available to the coastal State
without further appropriation;
``(B) shall remain available until expended;
``(C) shall be in addition to any other amounts
available to the coastal State under this Act; and
``(D) shall be distributed in the fiscal year
following receipt.
``(4) Use of funds.--
``(A) In general.--Except as provided in
subparagraph (B), a coastal State may use funds
allocated and paid to it under this subsection for any
purpose as determined by the laws of that State.
``(B) Restriction on use for matching.--Funds
allocated and paid to a coastal State under this
subsection may not be used as matching funds for any
other Federal program.''.
(b) Limitation on Application.--This section and the amendment made
by this section shall not affect the application of section 105 of the
Gulf of Mexico Energy Security Act of 2006 (title I of division C of
Public Law 109-432; (43 U.S.C. 1331 note)), as in effect before the
enactment of this Act, with respect to revenues received by the United
States under oil and gas leases issued for tracts located in the
Western and Central Gulf of Mexico Outer Continental Shelf Planning
Areas, including such leases issued on or after the date of the
enactment of this Act.
Subtitle D--Reorganization of Minerals Management Agencies of the
Department of the Interior
SEC. 10401. ESTABLISHMENT OF UNDER SECRETARY FOR ENERGY, LANDS, AND
MINERALS AND ASSISTANT SECRETARY OF OCEAN ENERGY AND
SAFETY.
There shall be in the Department of the Interior--
(1) an Under Secretary for Energy, Lands, and Minerals, who
shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Secretary of the Interior or, if
directed by the Secretary, to the Deputy Secretary of
the Interior;
(C) be paid at the rate payable for level III of
the Executive Schedule; and
(D) be responsible for--
(i) the safe and responsible development of
our energy and mineral resources on Federal
lands in appropriate accordance with United
States energy demands; and
(ii) ensuring multiple-use missions of the
Department of the Interior that promote the
safe and sustained development of energy and
minerals resources on public lands (as that
term is defined in the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.));
(2) an Assistant Secretary of Ocean Energy and Safety, who
shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Under Secretary for Energy,
Lands, and Minerals;
(C) be paid at the rate payable for level IV of the
Executive Schedule; and
(D) be responsible for ensuring safe and efficient
development of energy and minerals on the Outer
Continental Shelf of the United States; and
(3) an Assistant Secretary of Land and Minerals Management,
who shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Under Secretary for Energy,
Lands, and Minerals;
(C) be paid at the rate payable for level IV of the
Executive Schedule; and
(D) be responsible for ensuring safe and efficient
development of energy and minerals on public lands and
other Federal onshore lands under the jurisdiction of
the Department of the Interior, including
implementation of the Mineral Leasing Act (30 U.S.C.
181 et seq.) and the Surface Mining Control and
Reclamation Act (30 U.S.C. 1201 et seq.) and
administration of the Office of Surface Mining.
SEC. 10402. BUREAU OF OCEAN ENERGY.
(a) Establishment.--There is established in the Department of the
Interior a Bureau of Ocean Energy (referred to in this section as the
``Bureau''), which shall--
(1) be headed by a Director of Ocean Energy (referred to in
this section as the ``Director''); and
(2) be administered under the direction of the Assistant
Secretary of Ocean Energy and Safety.
(b) Director.--
(1) Appointment.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out through the Bureau all functions, powers, and duties vested
in the Secretary relating to the administration of a
comprehensive program of offshore mineral and renewable energy
resources management.
(2) Specific authorities.--The Director shall promulgate
and implement regulations--
(A) for the proper issuance of leases for the
exploration, development, and production of
nonrenewable and renewable energy and mineral resources
on the Outer Continental Shelf;
(B) relating to resource identification, access,
evaluation, and utilization;
(C) for development of leasing plans, lease sales,
and issuance of leases for such resources; and
(D) regarding issuance of environmental impact
statements related to leasing and post leasing
activities including exploration, development, and
production, and the use of third party contracting for
necessary environmental analysis for the development of
such resources.
(3) Limitation.--The Secretary shall not carry out through
the Bureau any function, power, or duty that is--
(A) required by section 10403 to be carried out
through the Ocean Energy Safety Service; or
(B) required by section 10404 to be carried out
through the Office of Natural Resources Revenue.
(d) Responsibilities of Land Management Agencies.--Nothing in this
section shall affect the authorities of the Bureau of Land Management
under the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) or of the Forest Service under the National Forest
Management Act of 1976 (Public Law 94-588).
SEC. 10403. OCEAN ENERGY SAFETY SERVICE.
(a) Establishment.--There is established in the Department of the
Interior an Ocean Energy Safety Service (referred to in this section as
the ``Service''), which shall--
(1) be headed by a Director of Energy Safety (referred to
in this section as the ``Director''); and
(2) be administered under the direction of the Assistant
Secretary of Ocean Energy and Safety.
(b) Director.--
(1) Appointment.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out through the Service all functions, powers, and duties
vested in the Secretary relating to the administration of
safety and environmental enforcement activities related to
offshore mineral and renewable energy resources on the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) including the authority to
develop, promulgate, and enforce regulations to ensure the safe
and sound exploration, development, and production of mineral
and renewable energy resources on the Outer Continental Shelf
in a timely fashion.
(2) Specific authorities.--The Director shall be
responsible for all safety activities related to exploration
and development of renewable and mineral resources on the Outer
Continental Shelf, including--
(A) exploration, development, production, and
ongoing inspections of infrastructure;
(B) the suspending or prohibiting, on a temporary
basis, any operation or activity, including production
under leases held on the Outer Continental Shelf, in
accordance with section 5(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1334(a)(1));
(C) cancelling any lease, permit, or right-of-way
on the Outer Continental Shelf, in accordance with
section 5(a)(2) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1334(a)(2));
(D) compelling compliance with applicable Federal
laws and regulations relating to worker safety and
other matters;
(E) requiring comprehensive safety and
environmental management programs for persons engaged
in activities connected with the exploration,
development, and production of mineral or renewable
energy resources;
(F) developing and implementing regulations for
Federal employees to carry out any inspection or
investigation to ascertain compliance with applicable
regulations, including health, safety, or environmental
regulations;
(G) implementing the Offshore Technology Research
and Risk Assessment Program under section 21 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1347);
(H) summoning witnesses and directing the
production of evidence;
(I) levying fines and penalties and disqualifying
operators;
(J) carrying out any safety, response, and removal
preparedness functions; and
(K) the processing of permits, exploration plans,
development plans.
(d) Employees.--
(1) In general.--The Secretary shall ensure that the
inspection force of the Bureau consists of qualified, trained
employees who meet qualification requirements and adhere to the
highest professional and ethical standards.
(2) Qualifications.--The qualification requirements
referred to in paragraph (1)--
(A) shall be determined by the Secretary, subject
to subparagraph (B); and
(B) shall include--
(i) 3 years of practical experience in oil
and gas exploration, development, or
production; or
(ii) a degree in an appropriate field of
engineering from an accredited institution of
higher learning.
(3) Assignment.--In assigning oil and gas inspectors to the
inspection and investigation of individual operations, the
Secretary shall give due consideration to the extent possible
to their previous experience in the particular type of oil and
gas operation in which such inspections are to be made.
(4) Background checks.--The Director shall require that an
individual to be hired as an inspection officer undergo an
employment investigation (including a criminal history record
check).
(5) Language requirements.--Individuals hired as inspectors
must be able to read, speak, and write English well enough to--
(A) carry out written and oral instructions
regarding the proper performance of inspection duties;
and
(B) write inspection reports and statements and log
entries in the English language.
(6) Veterans preference.--The Director shall provide a
preference for the hiring of an individual as a inspection
officer if the individual is a member or former member of the
Armed Forces and is entitled, under statute, to retired,
retirement, or retainer pay on account of service as a member
of the Armed Forces.
(7) Annual proficiency review.--
(A) Annual proficiency review.--The Director shall
provide that an annual evaluation of each individual
assigned inspection duties is conducted and documented.
(B) Continuation of employment.--An individual
employed as an inspector may not continue to be
employed in that capacity unless the evaluation
demonstrates that the individual--
(i) continues to meet all qualifications
and standards;
(ii) has a satisfactory record of
performance and attention to duty based on the
standards and requirements in the inspection
program; and
(iii) demonstrates the current knowledge
and skills necessary to courteously,
vigilantly, and effectively perform inspection
functions.
(8) Limitation on right to strike.--Any individual that
conducts permitting or inspections under this section may not
participate in a strike, or assert the right to strike.
(9) Personnel authority.--Notwithstanding any other
provision of law, the Director may employ, appoint, discipline
and terminate for cause, and fix the compensation, terms, and
conditions of employment of Federal service for individuals as
the employees of the Service in order to restore and maintain
the trust of the people of the United States in the
accountability of the management of our Nation's energy safety
program.
(10) Training academy.--
(A) In general.--The Secretary shall establish and
maintain a National Offshore Energy Safety Academy
(referred to in this paragraph as the ``Academy'') as
an agency of the Ocean Energy Safety Service.
(B) Functions of academy.--The Secretary, through
the Academy, shall be responsible for--
(i) the initial and continued training of
both newly hired and experienced offshore oil
and gas inspectors in all aspects of health,
safety, environmental, and operational
inspections;
(ii) the training of technical support
personnel of the Bureau;
(iii) any other training programs for
offshore oil and gas inspectors, Bureau
personnel, Department personnel, or other
persons as the Secretary shall designate; and
(iv) certification of the successful
completion of training programs for newly hired
and experienced offshore oil and gas
inspectors.
(C) Cooperative agreements.--
(i) In general.--In performing functions
under this paragraph, and subject to clause
(ii), the Secretary may enter into cooperative
educational and training agreements with
educational institutions, related Federal
academies, other Federal agencies, State
governments, safety training firms, and oil and
gas operators and related industries.
(ii) Training requirement.--Such training
shall be conducted by the Academy in accordance
with curriculum needs and assignment of
instructional personnel established by the
Secretary.
(11) Use of department personnel.--In performing functions
under this subsection, the Secretary shall use, to the extent
practicable, the facilities and personnel of the Department of
the Interior. The Secretary may appoint or assign to the
Academy such officers and employees as the Secretary considers
necessary for the performance of the duties and functions of
the Academy.
(12) Additional training programs.--
(A) In general.--The Secretary shall work with
appropriate educational institutions, operators, and
representatives of oil and gas workers to develop and
maintain adequate programs with educational
institutions and oil and gas operators that are
designed--
(i) to enable persons to qualify for
positions in the administration of this title;
and
(ii) to provide for the continuing
education of inspectors or other appropriate
Department of the Interior personnel.
(B) Financial and technical assistance.--The
Secretary may provide financial and technical
assistance to educational institutions in carrying out
this paragraph.
(e) Limitation.--The Secretary shall not carry out through the
Service any function, power, or duty that is--
(1) required by section 10402 to be carried out through
Bureau of Ocean Energy; or
(2) required by section 10404 to be carried out through the
Office of Natural Resources Revenue.
SEC. 10404. OFFICE OF NATURAL RESOURCES REVENUE.
(a) Establishment.--There is established in the Department of the
Interior an Office of Natural Resources Revenue (referred to in this
section as the ``Office'') to be headed by a Director of Natural
Resources Revenue (referred to in this section as the ``Director'').
(b) Appointment and Compensation.--
(1) In general.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for Level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out, through the Office, all functions, powers, and duties
vested in the Secretary and relating to the administration of
offshore royalty and revenue management functions.
(2) Specific authorities.--The Secretary shall carry out,
through the Office, all functions, powers, and duties
previously assigned to the Minerals Management Service
(including the authority to develop, promulgate, and enforce
regulations) regarding offshore royalty and revenue collection;
royalty and revenue distribution; auditing and compliance;
investigation and enforcement of royalty and revenue
regulations; and asset management for onshore and offshore
activities.
(d) Limitation.--The Secretary shall not carry out through the
Office any function, power, or duty that is--
(1) required by section 10402 to be carried out through
Bureau of Ocean Energy; or
(2) required by section 10403 to be carried out through the
Ocean Energy Safety Service.
SEC. 10405. ETHICS AND DRUG TESTING.
(a) Certification.--The Secretary of the Interior shall certify
annually that all Department of the Interior officers and employees
having regular, direct contact with lessees, contractors,
concessionaires, and other businesses interested before the Government
as a function of their official duties, or conducting investigations,
issuing permits, or responsible for oversight of energy programs, are
in full compliance with all Federal employee ethics laws and
regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.)
and part 2635 of title 5, Code of Federal Regulations, and all guidance
issued under subsection (c).
(b) Drug Testing.--The Secretary shall conduct a random drug
testing program of all Department of the Interior personnel referred to
in subsection (a).
(c) Guidance.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall issue supplementary ethics and drug
testing guidance for the employees for which certification is required
under subsection (a). The Secretary shall update the supplementary
ethics guidance not less than once every 3 years thereafter.
SEC. 10406. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE.
(a) Abolishment.--The Minerals Management Service is abolished.
(b) Completed Administrative Actions.--
(1) In general.--Completed administrative actions of the
Minerals Management Service shall not be affected by the
enactment of this Act, but shall continue in effect according
to their terms until amended, modified, superseded, terminated,
set aside, or revoked in accordance with law by an officer of
the United States or a court of competent jurisdiction, or by
operation of law.
(2) Completed administrative action defined.--For purposes
of paragraph (1), the term ``completed administrative action''
includes orders, determinations, memoranda of understanding,
memoranda of agreements, rules, regulations, personnel actions,
permits, agreements, grants, contracts, certificates, licenses,
registrations, and privileges.
(c) Pending Proceedings.--Subject to the authority of the Secretary
of the Interior and the officers of the Department of the Interior
under this title--
(1) pending proceedings in the Minerals Management Service,
including notices of proposed rulemaking, and applications for
licenses, permits, certificates, grants, and financial
assistance, shall continue, notwithstanding the enactment of
this Act or the vesting of functions of the Service in another
agency, unless discontinued or modified under the same terms
and conditions and to the same extent that such discontinuance
or modification could have occurred if this title had not been
enacted; and
(2) orders issued in such proceedings, and appeals
therefrom, and payments made pursuant to such orders, shall
issue in the same manner and on the same terms as if this title
had not been enacted, and any such orders shall continue in
effect until amended, modified, superseded, terminated, set
aside, or revoked by an officer of the United States or a court
of competent jurisdiction, or by operation of law.
(d) Pending Civil Actions.--Subject to the authority of the
Secretary of the Interior or any officer of the Department of the
Interior under this title, pending civil actions shall continue
notwithstanding the enactment of this Act, and in such civil actions,
proceedings shall be had, appeals taken, and judgments rendered and
enforced in the same manner and with the same effect as if such
enactment had not occurred.
(e) References.--References relating to the Minerals Management
Service in statutes, Executive orders, rules, regulations, directives,
or delegations of authority that precede the effective date of this Act
are deemed to refer, as appropriate, to the Department, to its
officers, employees, or agents, or to its corresponding organizational
units or functions. Statutory reporting requirements that applied in
relation to the Minerals Management Service immediately before the
effective date of this title shall continue to apply.
SEC. 10407. CONFORMING AMENDMENTS TO EXECUTIVE SCHEDULE PAY RATES.
(a) Under Secretary for Energy, Lands, and Minerals.--Section 5314
of title 5, United States Code, is amended by inserting after the item
relating to ``Under Secretaries of the Treasury (3).'' the following:
``Under Secretary for Energy, Lands, and Minerals,
Department of the Interior.''.
(b) Assistant Secretaries.--Section 5315 of title 5, United States
Code, is amended by striking ``Assistant Secretaries of the Interior
(6).'' and inserting the following:
``Assistant Secretaries, Department of the Interior (7).''.
(c) Directors.--Section 5316 of title 5, United States Code, is
amended by striking ``Director, Bureau of Mines, Department of the
Interior.'' and inserting the following new items:
``Director, Bureau of Ocean Energy, Department of the
Interior.
``Director, Ocean Energy Safety Service, Department of the
Interior.
``Director, Office of Natural Resources Revenue, Department
of the Interior.''.
SEC. 10408. OUTER CONTINENTAL SHELF ENERGY SAFETY ADVISORY BOARD.
(a) Establishment.--The Secretary of the Interior shall establish,
under the Federal Advisory Committee Act, an Outer Continental Shelf
Energy Safety Advisory Board (referred to in this section as the
``Board'')--
(1) to provide the Secretary and the Directors established
by this title with independent scientific and technical advice
on safe, responsible, and timely mineral and renewable energy
exploration, development, and production activities; and
(2) to review operations of the National Offshore Energy
Health and Safety Academy established under section 10403(d),
including submitting to the Secretary recommendations of
curriculum to ensure training scientific and technical
advancements.
(b) Membership.--
(1) Size.--The Board shall consist of not more than 11
members, who--
(A) shall be appointed by the Secretary based on
their expertise in oil and gas drilling, well design,
operations, well containment and oil spill response;
and
(B) must have significant scientific, engineering,
management, and other credentials and a history of
working in the field related to safe energy
exploration, development, and production activities.
(2) Consultation and nominations.--The Secretary shall
consult with the National Academy of Sciences and the National
Academy of Engineering to identify potential candidates for the
Board and shall take nominations from the public.
(3) Term.--The Secretary shall appoint Board members to
staggered terms of not more than 4 years, and shall not appoint
a member for more than 2 consecutive terms.
(4) Balance.--In appointing members to the Board, the
Secretary shall ensure a balanced representation of industry
and research interests.
(c) Chair.--The Secretary shall appoint the Chair for the Board
from among its members.
(d) Meetings.--The Board shall meet not less than 3 times per year
and shall host, at least once per year, a public forum to review and
assess the overall energy safety performance of Outer Continental Shelf
mineral and renewable energy resource activities.
(e) Offshore Drilling Safety Assessments and Recommendations.--As
part of its duties under this section, the Board shall, by not later
than 180 days after the date of enactment of this section and every 5
years thereafter, submit to the Secretary a report that--
(1) assesses offshore oil and gas well control
technologies, practices, voluntary standards, and regulations
in the United States and elsewhere; and
(2) as appropriate, recommends modifications to the
regulations issued under this title to ensure adequate
protection of safety and the environment, including
recommendations on how to reduce regulations and administrative
actions that are duplicative or unnecessary.
(f) Reports.--Reports of the Board shall be submitted by the Board
to the Committee on Natural Resources of the House or Representatives
and the Committee on Energy and Natural Resources of the Senate and
made available to the public in electronically accessible form.
(g) Travel Expenses.--Members of the Board, other than full-time
employees of the Federal Government, while attending meeting of the
Board or while otherwise serving at the request of the Secretary or the
Director while serving away from their homes or regular places of
business, may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United States
Code, for individuals in the Government serving without pay.
SEC. 10409. OUTER CONTINENTAL SHELF INSPECTION FEES.
Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C.
1348) is amended by adding at the end of the section the following:
``(g) Inspection Fees.--
``(1) Establishment.--The Secretary of the Interior shall
collect from the operators of facilities subject to inspection
under subsection (c) non-refundable fees for such inspections--
``(A) at an aggregate level equal to the amount
necessary to offset the annual expenses of inspections
of outer Continental Shelf facilities (including mobile
offshore drilling units) by the Department of the
Interior; and
``(B) using a schedule that reflects the
differences in complexity among the classes of
facilities to be inspected.
``(2) Ocean energy safety fund.--There is established in
the Treasury a fund, to be known as the `Ocean Energy
Enforcement Fund' (referred to in this subsection as the
`Fund'), into which shall be deposited all amounts collected as
fees under paragraph (1) and which shall be available as
provided under paragraph (3).
``(3) Availability of fees.--
``(A) In general.--Notwithstanding section 3302 of
title 31, United States Code, all amounts deposited in
the Fund--
``(i) shall be credited as offsetting
collections;
``(ii) shall be available for expenditure
for purposes of carrying out inspections of
outer Continental Shelf facilities (including
mobile offshore drilling units) and the
administration of the inspection program under
this section;
``(iii) shall be available only to the
extent provided for in advance in an
appropriations Act; and
``(iv) shall remain available until
expended.
``(B) Use for field offices.--Not less than 75
percent of amounts in the Fund may be appropriated for
use only for the respective Department of the Interior
field offices where the amounts were originally
assessed as fees.
``(4) Initial fees.--Fees shall be established under this
subsection for the fiscal year in which this subsection takes
effect and the subsequent 10 years, and shall not be raised
without advise and consent of the Congress, except as
determined by the Secretary to be appropriate as an adjustment
equal to the percentage by which the Consumer Price Index for
the month of June of the calendar year preceding the adjustment
exceeds the Consumer Price Index for the month of June of the
calendar year in which the claim was determined or last
adjusted.
``(5) Annual fees.--Annual fees shall be collected under
this subsection for facilities that are above the waterline,
excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2013 shall be--
``(A) $10,500 for facilities with no wells, but
with processing equipment or gathering lines;
``(B) $17,000 for facilities with 1 to 10 wells,
with any combination of active or inactive wells; and
``(C) $31,500 for facilities with more than 10
wells, with any combination of active or inactive
wells.
``(6) Fees for drilling rigs.--Fees for drilling rigs shall
be assessed under this subsection for all inspections completed
in fiscal years 2015 through 2024. Fees for fiscal year 2015
shall be--
``(A) $30,500 per inspection for rigs operating in
water depths of 1,000 feet or more; and
``(B) $16,700 per inspection for rigs operating in
water depths of less than 1,000 feet.
``(7) Billing.--The Secretary shall bill designated
operators under paragraph (5) within 60 days after the date of
the inspection, with payment required within 30 days of
billing. The Secretary shall bill designated operators under
paragraph (6) within 30 days of the end of the month in which
the inspection occurred, with payment required within 30 days
after billing.
``(8) Sunset.--No fee may be collected under this
subsection for any fiscal year after fiscal year 2024.
``(9) Annual reports.--
``(A) In general.--Not later than 60 days after the
end of each fiscal year beginning with fiscal year
2015, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report on the operation of the Fund
during the fiscal year.
``(B) Contents.--Each report shall include, for the
fiscal year covered by the report, the following:
``(i) A statement of the amounts deposited
into the Fund.
``(ii) A description of the expenditures
made from the Fund for the fiscal year,
including the purpose of the expenditures and
the additional hiring of personnel.
``(iii) A statement of the balance
remaining in the Fund at the end of the fiscal
year.
``(iv) An accounting of pace of permit
approvals.
``(v) If fee increases are proposed after
the initial 10-year period referred to in
paragraph (5), a proper accounting of the
potential adverse economic impacts such fee
increases will have on offshore economic
activity and overall production, conducted by
the Secretary.
``(vi) Recommendations to increase the
efficacy and efficiency of offshore
inspections.
``(vii) Any corrective actions levied upon
offshore inspectors as a result of any form of
misconduct.''.
SEC. 10410. PROHIBITION ON ACTION BASED ON NATIONAL OCEAN POLICY
DEVELOPED UNDER EXECUTIVE ORDER NO. 13547.
(a) Prohibition.--The Bureau of Ocean Energy and the Ocean Energy
Safety Service may not develop, propose, finalize, administer, or
implement, any limitation on activities under their jurisdiction as a
result of the coastal and marine spatial planning component of the
National Ocean Policy developed under Executive Order No. 13547.
(b) Report on Expenditures.--Not later than 60 days after the date
of enactment of this Act, the President shall submit a report to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate identifying all
Federal expenditures in fiscal years 2011, 2012, 2013, and 2014 by the
Bureau of Ocean Energy and the Ocean Energy Safety Service and their
predecessor agencies, by agency, account, and any pertinent
subaccounts, for the development, administration, or implementation of
the coastal and marine spatial planning component of the National Ocean
Policy developed under Executive Order No. 13547, including staff time,
travel, and other related expenses.
Subtitle E--United States Territories
SEC. 10501. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH
RESPECT TO TERRITORIES OF THE UNITED STATES.
Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)
is amended--
(1) in paragraph (a), by inserting after ``control'' the
following: ``or lying within the United States exclusive
economic zone and the Continental Shelf adjacent to any
territory of the United States'';
(2) in paragraph (p), by striking ``and'' after the
semicolon at the end;
(3) in paragraph (q), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(r) The term `State' includes each territory of the United
States.''.
Subtitle F--Miscellaneous Provisions
SEC. 10601. RULES REGARDING DISTRIBUTION OF REVENUES UNDER GULF OF
MEXICO ENERGY SECURITY ACT OF 2006.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of the Interior shall issue rules to provide
more clarity, certainty, and stability to the revenue streams
contemplated by the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note).
(b) Contents.--The rules shall include clarification of the timing
and methods of disbursements of funds under section 105(b)(2) of such
Act.
SEC. 10602. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF
REVENUES.
Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006
(title I of division C of Public Law 109-432; 43 U.S.C. 1331 note)
shall be applied by substituting ``2024, and shall not exceed
$999,999,999 for each of fiscal years 2025 through 2055'' for ``2055''.
SEC. 10603. SOUTH ATLANTIC OUTER CONTINENTAL SHELF PLANNING AREA
DEFINED.
For the purposes of this Act, the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.), and any regulations or 5-year plan issued
under that Act, the term ``South Atlantic Outer Continental Shelf
Planning Area'' means the area of the outer Continental Shelf (as
defined in section 2 of that Act (43 U.S.C. 1331)) that is located
between the northern lateral seaward administrative boundary of the
State of Virginia and the southernmost lateral seaward administrative
boundary of the State of Georgia.
SEC. 10604. ENHANCING GEOLOGICAL AND GEOPHYSICAL INFORMATION FOR
AMERICA'S ENERGY FUTURE.
Section 11 of the Outer Continental Shelf lands Act (43 U.S.C.
1340) is amended by adding at the end the following:
``(i) Enhancing Geological and Geophysical Information for
America's Energy Future.--
``(1) The Secretary, acting through the Director of the
Bureau of Ocean Energy Management, shall facilitate and support
the practical study of geology and geophysics to better
understand the oil, gas, and other hydrocarbon potential in the
South Atlantic Outer Continental Shelf Planning Area by
entering into partnerships to conduct geological and
geophysical activities on the outer Continental Shelf.
``(2)(A) No later than 180 days after the date of enactment
of the Lowering Gasoline Prices to Fuel an America That Works
Act of 2014, the Governors of the States of Georgia, South
Carolina, North Carolina, and Virginia may each nominate for
participation in the partnerships--
``(i) one institution of higher education located
within the Governor's State; and
``(ii) one institution of higher education within
the Governor's State that is a historically black
college or university, as defined in section 631(a) of
the Higher Education Act of 1965 (20 U.S.C. 1132(a)).
``(B) In making nominations, the Governors shall give
preference to those institutions of higher education that
demonstrate a vigorous rate of admission of veterans of the
Armed Forces of the United States.
``(3) The Secretary shall only select as a partner a
nominee that the Secretary determines demonstrates excellence
in geophysical sciences curriculum, engineering curriculum, or
information technology or other technical studies relating to
seismic research (including data processing).
``(4) Notwithstanding subsection (d), nominees selected as
partners by the Secretary may conduct geological and
geophysical activities under this section after filing a notice
with the Secretary 30-days prior to commencement of the
activity without any further authorization by the Secretary
except those activities that use solid or liquid explosives
shall require a permit. The Secretary may not charge any fee
for the provision of data or other information collected under
this authority, other than the cost of duplicating any data or
information provided. Nominees selected as partners under this
section shall provide to the Secretary any data or other
information collected under this subsection within 60 days
after completion of an initial analysis of the data or other
information collected, if so requested by the Secretary.
``(5) Data or other information produced as a result of
activities conducted by nominees selected as partners under
this subsection shall not be used or shared for commercial
purposes by the nominee, may not be produced for proprietary
use or sale, and shall be made available by the Secretary to
the public.
``(6) 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 reports
on the data or other information produced under the
partnerships under this section. Such reports shall be made no
less frequently than every 180 days following the conduct of
the first geological and geophysical activities under this
section.
``(7) In this subsection the term `geological and
geophysical activities' means any oil- or gas-related
investigation conducted on the outer Continental Shelf,
including geophysical surveys where magnetic, gravity, seismic,
or other systems are used to detect or imply the presence of
oil or gas.''.
Subtitle G--Judicial Review
SEC. 10701. TIME FOR FILING COMPLAINT.
(a) In General.--Any cause of action that arises from a covered
energy decision must be filed not later than the end of the 60-day
period beginning on the date of the covered energy decision. Any cause
of action not filed within this time period shall be barred.
(b) Exception.--Subsection (a) shall not apply to a cause of action
brought by a party to a covered energy lease.
SEC. 10702. DISTRICT COURT DEADLINE.
(a) In General.--All proceedings that are subject to section
10701--
(1) shall be brought in the United States district court
for the district in which the Federal property for which a
covered energy lease is issued is located or the United States
District Court of the District of Columbia;
(2) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause or claim is
filed; and
(3) shall take precedence over all other pending matters
before the district court.
(b) Failure To Comply With Deadline.--If an interlocutory or final
judgment, decree, or order has not been issued by the district court by
the deadline described under this section, the cause or claim shall be
dismissed with prejudice and all rights relating to such cause or claim
shall be terminated.
SEC. 10703. ABILITY TO SEEK APPELLATE REVIEW.
An interlocutory or final judgment, decree, or order of the
district court in a proceeding that is subject to section 10701 may be
reviewed by the U.S. Court of Appeals for the District of Columbia
Circuit. The D.C. Circuit shall resolve any such appeal as
expeditiously as possible and, in any event, not more than 180 days
after such interlocutory or final judgment, decree, or order of the
district court was issued.
SEC. 10704. LIMITATION ON SCOPE OF REVIEW AND RELIEF.
(a) Administrative Findings and Conclusions.--In any judicial
review of any Federal action under this subtitle, any administrative
findings and conclusions relating to the challenged Federal action
shall be presumed to be correct unless shown otherwise by clear and
convincing evidence contained in the administrative record.
(b) Limitation on Prospective Relief.--In any judicial review of
any action, or failure to act, under this subtitle, the Court shall not
grant or approve any prospective relief unless the Court finds that
such relief is narrowly drawn, extends no further than necessary to
correct the violation of a Federal law requirement, and is the least
intrusive means necessary to correct the violation concerned.
SEC. 10705. LEGAL FEES.
Any person filing a petition seeking judicial review of any action,
or failure to act, under this subtitle who is not a prevailing party
shall pay to the prevailing parties (including intervening parties),
other than the United States, fees and other expenses incurred by that
party in connection with the judicial review, unless the Court finds
that the position of the person was substantially justified or that
special circumstances make an award unjust.
SEC. 10706. EXCLUSION.
This subtitle shall not apply with respect to disputes between the
parties to a lease issued pursuant to an authorizing leasing statute
regarding the obligations of such lease or the alleged breach thereof.
SEC. 10707. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Covered energy decision.--The term ``covered energy
decision'' means any action or decision by a Federal official
regarding the issuance of a covered energy lease.
(2) Covered energy lease.--The term ``covered energy
lease'' means any lease under this title or under an oil and
gas leasing program under this title.
TITLE II--ONSHORE FEDERAL LANDS AND ENERGY SECURITY
Subtitle A--Federal Lands Jobs and Energy Security
SEC. 21001. SHORT TITLE.
This subtitle may be cited as the ``Federal Lands Jobs and Energy
Security Act''.
SEC. 21002. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR
AMERICA.
(a) Congressional Intent.--It is the intent of the Congress that--
(1) this subtitle 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;
(2) to ensure a robust onshore energy production industry
and ensure that the benefits of development support local
communities, under this subtitle, the Secretary shall make
every effort to promote the development of onshore American
energy, and shall take into consideration the socioeconomic
impacts, infrastructure requirements, and fiscal stability for
local communities located within areas containing onshore
energy resources; and
(3) the Congress will monitor the deployment of personnel
and material onshore to encourage the development of American
manufacturing to enable United States workers to benefit from
this subtitle through good jobs and careers, as well as the
establishment of important industrial facilities to support
expanded access to American resources.
(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 subtitle.
CHAPTER 1--ONSHORE OIL AND GAS PERMIT STREAMLINING
SEC. 21101. SHORT TITLE.
This chapter may be cited as the ``Streamlining Permitting of
American Energy Act of 2014''.
Subchapter A--Application for Permits to Drill Process Reform
SEC. 21111. PERMIT TO DRILL APPLICATION TIMELINE.
Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2))
is amended to read as follows:
``(2) Applications for permits to drill reform and
process.--
``(A) Timeline.--The Secretary shall decide whether
to issue a permit to drill within 30 days after
receiving an application for the permit. The Secretary
may extend such period for up to 2 periods of 15 days
each, if the Secretary has given written notice of the
delay to the applicant. The notice shall be in the form
of a letter from the Secretary or a designee of the
Secretary, and shall include the names and titles of
the persons processing the application, the specific
reasons for the delay, and a specific date a final
decision on the application is expected.
``(B) Notice of reasons for denial.--If the
application is denied, the Secretary shall provide the
applicant--
``(i) in writing, clear and comprehensive
reasons why the application was not accepted
and detailed information concerning any
deficiencies; and
``(ii) an opportunity to remedy any
deficiencies.
``(C) Application deemed approved.--If the
Secretary has not made a decision on the application by
the end of the 60-day period beginning on the date the
application is received by the Secretary, the
application is deemed approved, except in cases in
which existing reviews under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
are incomplete.
``(D) Denial of permit.--If the Secretary decides
not to issue a permit to drill in accordance with
subparagraph (A), the Secretary shall--
``(i) provide to the applicant a
description of the reasons for the denial of
the permit;
``(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; and
``(iii) issue or deny any resubmitted
application not later than 10 days after the
date the application is submitted to the
Secretary.
``(E) Fee.--
``(i) In general.--Notwithstanding any
other law, the Secretary shall collect a single
$6,500 permit processing fee per application
from each applicant at the time the final
decision is made whether to issue a permit
under subparagraph (A). This fee shall not
apply to any resubmitted application.
``(ii) Treatment of permit processing
fee.--Of all fees collected under this
paragraph, 50 percent shall be transferred to
the field office where they are collected and
used to process protests, leases, and permits
under this Act subject to appropriation.''.
Subchapter B--Administrative Protest Documentation Reform
SEC. 21121. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is
further amended by adding at the end the following:
``(4) Protest fee.--
``(A) In general.--The Secretary shall collect a
$5,000 documentation fee to accompany each protest for
a lease, right of way, or application for permit to
drill.
``(B) Treatment of fees.--Of all fees collected
under this paragraph, 50 percent shall remain in the
field office where they are collected and used to
process protests subject to appropriation.''.
Subchapter C--Permit Streamlining
SEC. 21131. MAKING PILOT OFFICES PERMANENT TO IMPROVE ENERGY PERMITTING
ON FEDERAL LANDS.
(a) Establishment.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall establish a Federal Permit
Streamlining Project (referred to in this section as the ``Project'')
in every Bureau of Land Management field office with responsibility for
permitting energy projects on Federal land.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Chief of the Army Corps of Engineers.
(2) State participation.--The Secretary may request that
the Governor of any State with energy projects on Federal lands
to be a signatory to the memorandum of understanding.
(c) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date of
the signing of the memorandum of understanding under subsection
(b), all Federal signatory parties shall, if appropriate,
assign to each of the Bureau of Land Management field offices
an employee who has expertise in the regulatory issues relating
to the office in which the employee is employed, including, as
applicable, particular expertise in--
(A) the consultations and the preparation of
biological opinions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) planning under the National Forest Management
Act of 1976 (16 U.S.C. 472a et seq.); and
(E) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(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;
(B) be responsible for all issues relating to the
energy projects that arise under the authorities of the
employee's home agency; and
(C) participate as part of the team of personnel
working on proposed energy projects, planning, and
environmental analyses on Federal lands.
(d) Additional Personnel.--The Secretary shall assign to each
Bureau of Land Management field office identified in subsection (a) any
additional personnel that are necessary to ensure the effective
approval and implementation of energy projects administered by the
Bureau of Land Management field offices, including inspection and
enforcement relating to energy development on Federal land, in
accordance with the multiple use mandate of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) Funding.--Funding for the additional personnel shall come from
the Department of the Interior reforms identified in sections 21111 and
21121.
(f) Savings Provision.--Nothing in this section affects--
(1) the operation of any Federal or State law; or
(2) any delegation of authority made by the head of a
Federal agency whose employees are participating in the
Project.
(g) Definition.--For purposes of this section the term ``energy
projects'' includes oil, natural gas, and other energy projects as
defined by the Secretary.
SEC. 21132. ADMINISTRATION OF CURRENT LAW.
Notwithstanding any other law, the Secretary of the Interior shall
not require a finding of extraordinary circumstances in administering
section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942).
Subchapter D--Judicial Review
SEC. 21141. DEFINITIONS.
In this subchapter--
(1) 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
lands of the United States; and
(2) the term ``covered energy project'' means the leasing
of Federal lands of the United States for the exploration,
development, production, processing, or transmission of oil,
natural gas, or any other source of energy, and any action
under such a lease, except that the term does not include any
disputes between the parties to a lease regarding the
obligations under such lease, including regarding any alleged
breach of the lease.
SEC. 21142. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO
COVERED ENERGY PROJECTS.
Venue for any covered civil action shall lie in the district court
where the project or leases exist or are proposed.
SEC. 21143. TIMELY FILING.
To ensure timely redress by the courts, a covered civil action must
be filed no later than the end of the 90-day period beginning on the
date of the final Federal agency action to which it relates.
SEC. 21144. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 21145. STANDARD OF REVIEW.
In any judicial review of a covered civil action, administrative
findings and conclusions relating to the challenged Federal action or
decision shall be presumed to be correct, and the presumption may be
rebutted only by the preponderance of the evidence contained in the
administrative record.
SEC. 21146. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation. In addition, courts shall limit the duration of
preliminary injunctions to halt covered energy projects to no more than
60 days, unless the court finds clear reasons to extend the injunction.
In such cases of extensions, such extensions shall only be in 30-day
increments and shall require action by the court to renew the
injunction.
SEC. 21147. LIMITATION ON ATTORNEYS' FEES.
Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code, (together commonly called the Equal Access to
Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.
SEC. 21148. LEGAL STANDING.
Challengers filing appeals with the Department of the Interior
Board of Land Appeals shall meet the same standing requirements as
challengers before a United States district court.
Subchapter E--Knowing America's Oil and Gas Resources
SEC. 21151. FUNDING OIL AND GAS RESOURCE ASSESSMENTS.
(a) In General.--The Secretary of the Interior shall provide
matching funding for joint projects with States to conduct oil and gas
resource assessments on Federal lands with significant oil and gas
potential.
(b) Cost Sharing.--The Federal share of the cost of activities
under this section shall not exceed 50 percent.
(c) Resource Assessment.--Any resource assessment under this
section shall be conducted by a State, in consultation with the United
States Geological Survey.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section a total of
$50,000,000 for fiscal years 2015 through 2018.
CHAPTER 2--OIL AND GAS LEASING CERTAINTY
SEC. 21201. SHORT TITLE.
This chapter may be cited as the ``Providing Leasing Certainty for
American Energy Act of 2014''.
SEC. 21202. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES.
In conducting lease sales as required by section 17(a) of the
Mineral Leasing Act (30 U.S.C. 226(a)), each year the Secretary of the
Interior shall perform the following:
(1) The Secretary shall offer for sale no less than 25
percent of the annual nominated acreage not previously made
available for lease. Acreage offered for lease pursuant to this
paragraph shall not be subject to protest and shall be eligible
for categorical exclusions under section 390 of the Energy
Policy Act of 2005 (42 U.S.C. 15942), except that it shall not
be subject to the test of extraordinary circumstances.
(2) In administering this section, the Secretary shall only
consider leasing of Federal lands that are available for
leasing at the time the lease sale occurs.
SEC. 21203. LEASING CERTAINTY.
Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) is
amended by inserting ``(1)'' before ``All lands'', and by adding at the
end the following:
``(2)(A) The Secretary shall not withdraw any covered energy
project issued under this Act without finding a violation of the terms
of the lease by the lessee.
``(B) The Secretary shall not infringe upon lease rights under
leases issued under this Act by indefinitely delaying issuance of
project approvals, drilling and seismic permits, and rights of way for
activities under such a lease.
``(C) No later than 18 months after an area is designated as open
under the current land use plan the Secretary shall make available
nominated areas for lease under the criteria in section 2.
``(D) Notwithstanding any other law, the Secretary shall issue all
leases sold no later than 60 days after the last payment is made.
``(E) The Secretary shall not cancel or withdraw any lease parcel
after a competitive lease sale has occurred and a winning bidder has
submitted the last payment for the parcel.
``(F) After the conclusion of the public comment period for a
planned competitive lease sale, the Secretary shall not cancel, defer,
or withdraw any lease parcel announced to be auctioned in the lease
sale.
``(G) Not later than 60 days after a lease sale held under this
Act, the Secretary shall adjudicate any lease protests filed following
a lease sale. If after 60 days any protest is left unsettled, said
protest is automatically denied and appeal rights of the protestor
begin.
``(H) No additional lease stipulations may be added after the
parcel is sold without consultation and agreement of the lessee, unless
the Secretary deems such stipulations as emergency actions to conserve
the resources of the United States.''.
SEC. 21204. LEASING CONSISTENCY.
Federal land managers must follow existing resource management
plans and continue to actively lease in areas designated as open when
resource management plans are being amended or revised, until such time
as a new record of decision is signed.
SEC. 21205. REDUCE REDUNDANT POLICIES.
Bureau of Land Management Instruction Memorandum 2010-117 shall
have no force or effect.
SEC. 21206. STREAMLINED CONGRESSIONAL NOTIFICATION.
Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) is
amended in the matter following paragraph (4) by striking ``at least
thirty days in advance of the reinstatement'' and inserting ``in an
annual report''.
CHAPTER 3--OIL SHALE
SEC. 21301. SHORT TITLE.
This chapter may be cited as the ``Protecting Investment in Oil
Shale the Next Generation of Environmental, Energy, and Resource
Security Act'' or the ``PIONEERS Act''.
SEC. 21302. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO
RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION.
(a) Regulations.--Notwithstanding any other law or regulation to
the contrary, the final regulations regarding oil shale management
published by the Bureau of Land Management on November 18, 2008 (73
Fed. Reg. 69,414) are deemed to satisfy all legal and procedural
requirements under any law, including the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of the
Interior shall implement those regulations, including the oil shale
leasing program authorized by the regulations, without any other
administrative action necessary.
(b) Amendments to Resource Management Plans and Record of
Decision.--Notwithstanding any other law or regulation to the contrary,
the November 17, 2008 U.S. Bureau of Land Management Approved Resource
Management Plan Amendments/Record of Decision for Oil Shale and Tar
Sands Resources to Address Land Use Allocations in Colorado, Utah, and
Wyoming and Final Programmatic Environmental Impact Statement are
deemed to satisfy all legal and procedural requirements under any law,
including the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), and the Secretary of the Interior shall implement the
oil shale leasing program authorized by the regulations referred to in
subsection (a) in those areas covered by the resource management plans
amended by such amendments, and covered by such record of decision,
without any other administrative action necessary.
SEC. 21303. OIL SHALE LEASING.
(a) Additional Research and Development Lease Sales.--The Secretary
of the Interior shall hold a lease sale within 180 days after the date
of enactment of this Act offering an additional 10 parcels for lease
for research, development, and demonstration of oil shale resources,
under the terms offered in the solicitation of bids for such leases
published on January 15, 2009 (74 Fed. Reg. 10).
(b) Commercial Lease Sales.--No later than January 1, 2016, the
Secretary of the Interior shall hold no less than 5 separate commercial
lease sales in areas considered to have the most potential for oil
shale development, as determined by the Secretary, in areas nominated
through public comment. Each lease sale shall be for an area of not
less than 25,000 acres, and in multiple lease blocs.
CHAPTER 4--MISCELLANEOUS PROVISIONS
SEC. 21401. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to authorize the
issuance of a lease under the Mineral Leasing Act (30 U.S.C. 181 et
seq.) to any person designated for the imposition of sanctions pursuant
to--
(1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note),
the Comprehensive Iran Sanctions, Accountability and
Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran
Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8701 et seq.), section 1245 of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or
the Iran Freedom and Counter-Proliferation Act of 2012 (22
U.S.C. 8801 et seq.);
(2) Executive Order No. 13622 (July 30, 2012), Executive
Order No. 13628 (October 9, 2012), or Executive Order No. 13645
(June 3, 2013);
(3) Executive Order No. 13224 (September 23, 2001) or
Executive Order No. 13338 (May 11, 2004); or
(4) the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (22 U.S.C. 2151 note).
Subtitle B--Planning for American Energy
SEC. 22001. SHORT TITLE.
This subtitle may be cited as the ``Planning for American Energy
Act of 2014''.
SEC. 22002. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.
(a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is
amended by redesignating section 44 as section 45, and by inserting
after section 43 the following:
``SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION
STRATEGY.
``(a) In General.--
``(1) The Secretary of the Interior (hereafter in this
section referred to as `Secretary'), in consultation with the
Secretary of Agriculture with regard to lands administered by
the Forest Service, shall develop and publish every 4 years a
Quadrennial Federal Onshore Energy Production Strategy. This
Strategy shall direct Federal land energy development and
department resource allocation in order to promote the energy
and national security of the United States in accordance with
Bureau of Land Management's mission of promoting the multiple
use of Federal lands as set forth in the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.).
``(2) In developing this Strategy, the Secretary shall
consult with the Administrator of the Energy Information
Administration on the projected energy demands of the United
States for the next 30-year period, and how energy derived from
Federal onshore lands can put the United States on a trajectory
to meet that demand during the next 4-year period. The
Secretary shall consider how Federal lands will contribute to
ensuring national energy security, with a goal for increasing
energy independence and production, during the next 4-year
period.
``(3) The Secretary shall determine a domestic strategic
production objective for the development of energy resources
from Federal onshore lands. Such objective shall be--
``(A) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of oil and natural gas from the Federal
onshore mineral estate, with a focus on lands held by
the Bureau of Land Management and the Forest Service;
``(B) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
coal production from Federal lands;
``(C) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of strategic and critical energy minerals
from the Federal onshore mineral estate;
``(D) the best estimate, based upon commercial and
scientific data, of the expected increase in megawatts
for electricity production from each of the following
sources: wind, solar, biomass, hydropower, and
geothermal energy produced on Federal lands
administered by the Bureau of Land Management and the
Forest Service;
``(E) the best estimate, based upon commercial and
scientific data, of the expected increase in
unconventional energy production, such as oil shale;
``(F) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of oil, natural gas, coal, and other
renewable sources from tribal lands for any federally
recognized Indian tribe that elects to participate in
facilitating energy production on its lands;
``(G) the best estimate, based upon commercial and
scientific data, of the expected increase in production
of helium on Federal lands administered by the Bureau
of Land Management and the Forest Service; and
``(H) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of geothermal, solar, wind, or other
renewable energy sources from `available lands' (as
such term is defined in section 203 of the Hawaiian
Homes Commission Act, 1920 (42 Stat. 108 et seq.), and
including any other lands deemed by the Territory or
State of Hawaii, as the case may be, to be included
within that definition) that the agency or department
of the government of the State of Hawaii that is
responsible for the administration of such lands
selects to be used for such energy production.
``(4) The Secretary shall consult with the Administrator of
the Energy Information Administration regarding the methodology
used to arrive at its estimates for purposes of this section.
``(5) The Secretary has the authority to expand the energy
development plan to include other energy production technology
sources or advancements in energy on Federal lands.
``(6) The Secretary shall include in the Strategy a plan
for addressing new demands for transmission lines and pipelines
for distribution of oil and gas across Federal lands to ensure
that energy produced can be distributed to areas of need.
``(b) Tribal Objectives.--It is the sense of Congress that
federally recognized Indian tribes may elect to set their own
production objectives as part of the Strategy under this section. The
Secretary shall work in cooperation with any federally recognized
Indian tribe that elects to participate in achieving its own strategic
energy objectives designated under this subsection.
``(c) Execution of the Strategy.--The relevant Secretary shall have
all necessary authority to make determinations regarding which
additional lands will be made available in order to meet the production
objectives established by strategies under this section. The Secretary
shall also take all necessary actions to achieve these production
objectives unless the President determines that it is not in the
national security and economic interests of the United States to
increase Federal domestic energy production and to further decrease
dependence upon foreign sources of energy. In administering this
section, the relevant Secretary shall only consider leasing Federal
lands available for leasing at the time the lease sale occurs.
``(d) State, Federally Recognized Indian Tribes, Local Government,
and Public Input.--In developing each strategy, the Secretary shall
solicit the input of affected States, federally recognized Indian
tribes, local governments, and the public.
``(e) Reporting.--The Secretary shall report annually to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate on the progress
of meeting the production goals set forth in the strategy. The
Secretary shall identify in the report projections for production and
capacity installations and any problems with leasing, permitting,
siting, or production that will prevent meeting the goal. In addition,
the Secretary shall make suggestions to help meet any shortfalls in
meeting the production goals.
``(f) Programmatic Environmental Impact Statement.--Not later than
12 months after the date of enactment of this section, in accordance
with section 102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic
environmental impact statement. This programmatic environmental impact
statement will be deemed sufficient to comply with all requirements
under that Act for all necessary resource management and land use plans
associated with the implementation of the strategy.
``(g) Congressional Review.--At least 60 days prior to publishing a
proposed strategy under this section, the Secretary shall submit it to
the President and the Congress, together with any comments received
from States, federally recognized Indian tribes, and local governments.
Such submission shall indicate why any specific recommendation of a
State, federally recognized Indian tribe, or local government was not
accepted.
``(h) Strategic and Critical Energy Minerals Defined.--For purposes
of this section, the term `strategic and critical energy minerals'
means those that are necessary for the Nation's energy infrastructure
including pipelines, refining capacity, electrical power generation and
transmission, and renewable energy production and those that are
necessary to support domestic manufacturing, including but not limited
to, materials used in energy generation, production, and
transportation.''.
(b) First Quadrennial Strategy.--Not later than 18 months after the
date of enactment of this Act, the Secretary of the Interior shall
submit to Congress the first Quadrennial Federal Onshore Energy
Production Strategy under the amendment made by subsection (a).
Subtitle C--National Petroleum Reserve in Alaska Access
SEC. 23001. SHORT TITLE.
This subtitle may be cited as the ``National Petroleum Reserve
Alaska Access Act''.
SEC. 23002. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE
NATIONAL PETROLEUM RESERVE IN ALASKA.
It is the sense of Congress that--
(1) the National Petroleum Reserve in Alaska remains
explicitly designated, both in name and legal status, for
purposes of providing oil and natural gas resources to the
United States; and
(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.
SEC. 23003. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.
Section 107(a) of the Naval Petroleum Reserves Production Act of
1976 (42 U.S.C. 6506a(a)) is amended to read as follows:
``(a) In General.--The Secretary shall conduct an expeditious
program of competitive leasing of oil and gas in the reserve in
accordance with this Act. Such program shall include at least one lease
sale annually in those areas of the reserve most likely to produce
commercial quantities of oil and natural gas each year in the period
2014 through 2024.''.
SEC. 23004. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND
PERMITTING PIPELINE AND ROAD CONSTRUCTION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Interior, in consultation with other appropriate
Federal agencies, shall facilitate and ensure permits, in a timely and
environmentally responsible manner, for all surface development
activities, including for the construction of pipelines and roads,
necessary to--
(1) develop and bring into production any areas within the
National Petroleum Reserve in Alaska that are subject to oil
and gas leases; and
(2) transport oil and gas from and through the National
Petroleum Reserve in Alaska in the most direct manner possible
to existing transportation or processing infrastructure on the
North Slope of Alaska.
(b) Timeline.--The Secretary shall ensure that any Federal
permitting agency shall issue permits in accordance with the following
timeline:
(1) Permits for such construction for transportation of oil
and natural gas produced under existing Federal oil and gas
leases with respect to which the Secretary has issued a permit
to drill shall be approved within 60 days after the date of
enactment of this Act.
(2) Permits for such construction for transportation of oil
and natural gas produced under Federal oil and gas leases shall
be approved within 6 months after the submission to the
Secretary of a request for a permit to drill.
(c) Plan.--To ensure timely future development of the Reserve,
within 270 days after the date of the enactment of this Act, the
Secretary of the Interior shall submit to Congress a plan for approved
rights-of-way for a plan for pipeline, road, and any other surface
infrastructure that may be necessary infrastructure that will ensure
that all leasable tracts in the Reserve are within 25 miles of an
approved road and pipeline right-of-way that can serve future
development of the Reserve.
SEC. 23005. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND
ENVIRONMENTAL IMPACT STATEMENT.
(a) Issuance of New Integrated Activity Plan.--The Secretary of the
Interior shall, within 180 days after the date of enactment of this
Act, issue--
(1) a new proposed integrated activity plan from among the
non-adopted alternatives in the National Petroleum Reserve
Alaska Integrated Activity Plan Record of Decision issued by
the Secretary of the Interior and dated February 21, 2013; and
(2) an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the
National Petroleum Reserve-Alaska to promote efficient and
maximum development of oil and natural gas resources of such
reserve.
(b) Nullification of Existing Record of Decision, IAP, and EIS.--
Except as provided in subsection (a), the National Petroleum Reserve-
Alaska Integrated Activity Plan Record of Decision issued by the
Secretary of the Interior and dated February 21, 2013, including the
integrated activity plan and environmental impact statement referred to
in that record of decision, shall have no force or effect.
SEC. 23006. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.
The Secretary of the Interior shall issue regulations not later
than 180 days after the date of enactment of this Act that establish
clear requirements to ensure that the Department of the Interior is
supporting development of oil and gas leases in the National Petroleum
Reserve-Alaska.
SEC. 23007. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN.
At a minimum, the new proposed integrated activity plan issued
under section 23005(a)(1) shall--
(1) require the Department of the Interior to respond
within 5 business days to a person who submits an application
for a permit for development of oil and natural gas leases in
the National Petroleum Reserve-Alaska acknowledging receipt of
such application; and
(2) establish a timeline for the processing of each such
application, that--
(A) specifies deadlines for decisions and actions
on permit applications; and
(B) provide that the period for issuing each permit
after submission of such an application shall not
exceed 60 days without the concurrence of the
applicant.
SEC. 23008. UPDATED RESOURCE ASSESSMENT.
(a) In General.--The Secretary of the Interior shall complete a
comprehensive assessment of all technically recoverable fossil fuel
resources within the National Petroleum Reserve in Alaska, including
all conventional and unconventional oil and natural gas.
(b) Cooperation and Consultation.--The resource assessment required
by subsection (a) shall be carried out by the United States Geological
Survey in cooperation and consultation with the State of Alaska and the
American Association of Petroleum Geologists.
(c) Timing.--The resource assessment required by subsection (a)
shall be completed within 24 months of the date of the enactment of
this Act.
(d) Funding.--The United States Geological Survey may, in carrying
out the duties under this section, cooperatively use resources and
funds provided by the State of Alaska.
Subtitle D--BLM Live Internet Auctions
SEC. 24001. SHORT TITLE.
This subtitle may be cited as the ``BLM Live Internet Auctions
Act''.
SEC. 24002. 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--
(1) in subparagraph (A), in the third sentence, by
inserting ``, except as provided in subparagraph (C)'' after
``by oral bidding''; and
(2) by adding at the end the following:
``(C) In order to diversify and expand the Nation's onshore leasing
program to ensure the best return to the Federal taxpayer, reduce
fraud, and secure the leasing process, the Secretary may conduct
onshore lease sales through Internet-based bidding methods. Each
individual Internet-based lease sale shall conclude within 7 days.''.
(b) Report.--Not later than 90 days after the tenth Internet-based
lease sale conducted under the amendment made by subsection (a), the
Secretary of the Interior shall analyze the first 10 such lease sales
and report to Congress the findings of the analysis. The report shall
include--
(1) estimates on increases or decreases in such lease
sales, compared to sales conducted by oral bidding, in--
(A) the number of bidders;
(B) the average amount of bid;
(C) the highest amount bid; and
(D) the lowest bid;
(2) an estimate on the total cost or savings to the
Department of the Interior as a result of such sales, compared
to sales conducted by oral bidding; and
(3) an evaluation of the demonstrated or expected
effectiveness of different structures for lease sales which may
provide an opportunity to better maximize bidder participation,
ensure the highest return to the Federal taxpayers, minimize
opportunities for fraud or collusion, and ensure the security
and integrity of the leasing process.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 30101. ESTABLISHMENT OF OFFICE OF ENERGY EMPLOYMENT AND TRAINING.
(a) Establishment.--The Secretary of the Interior shall establish
an Office of Energy Employment and Training, which shall oversee the
hiring and training efforts of the Department of the Interior's energy
planning, permitting, and regulatory agencies.
(b) Director.--
(1) In general.--The Office shall be under the direction of
a Deputy Assistant Secretary for Energy Employment and
Training, who shall report directly to the Assistant Secretary
for Energy, Lands and Minerals Management, and shall be fully
employed to carry out the functions of the Office.
(2) Duties.--The Deputy Assistant Secretary for Energy
Employment and Training shall perform the following functions:
(A) Develop and implement systems to track the
Department's hiring of trained skilled workers in the
energy permitting and inspection agencies.
(B) Design and recommend to the Secretary programs
and policies aimed at expanding the Department's hiring
of women, minorities, and veterans into the
Department's workforce dealing with energy permitting
and inspection programs. Such programs and policies
shall include--
(i) recruiting at historically black
colleges and universities, Hispanic-serving
institutions, women's colleges, and colleges
that typically serve majority minority
populations;
(ii) sponsoring and recruiting at job fairs
in urban communities;
(iii) placing employment advertisements in
newspapers and magazines oriented toward
minorities, veterans, and women;
(iv) partnering with organizations that are
focused on developing opportunities for
minorities, veterans, and women to be placed in
Departmental internships, summer employment,
and full-time positions relating to energy;
(v) where feasible, partnering with inner-
city high schools, girls' high schools, and
high schools with majority minority populations
to demonstrate career opportunities and the
path to those opportunities available at the
Department;
(vi) coordinating with the Department of
Veterans Affairs and the Department of Defense
in the hiring of veterans; and
(vii) any other mass media communications
that the Deputy Assistant Secretary determines
necessary to advertise, promote, or educate
about opportunities at the Department.
(C) Develop standards for--
(i) equal employment opportunity and the
racial, ethnic, and gender diversity of the
workforce and senior management of the
Department; and
(ii) increased participation of minority-
owned, veteran-owned, and women-owned
businesses in the programs and contracts with
the Department.
(D) Review and propose for adoption the best
practices of entities regulated by the Department with
regards to hiring and diversity policies, and publish
those best practices for public review.
(c) Reports.--The Secretary shall submit to Congress an annual
report regarding the actions taken by the Department of the Interior
agency and the Office pursuant to this section, which shall include--
(1) a statement of the total amounts paid by the Department
to minority contractors;
(2) the successes achieved and challenges faced by the
Department in operating minority, veteran or service-disabled
veteran, and women outreach programs;
(3) the challenges the Department may face in hiring
minority, veteran, and women employees and contracting with
veteran or service-disabled veteran, minority-owned, and women-
owned businesses; and
(4) any other information, findings, conclusions, and
recommendations for legislative or Department action, as the
Director determines appropriate.
(d) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Minority.--The term ``minority'' means United States
citizens who are Asian Indian American, Asian Pacific American,
Black American, Hispanic American, or Native American.
(2) Minority-owned business.--The term ``minority-owned
business'' means a for-profit enterprise, regardless of size,
physically located in the United States or its trust
territories, that is owned, operated, and controlled by
minority group members. ``Minority group members'' are United
States citizens who are Asian Indian American, Asian Pacific
American, Black American, Hispanic American, or Native American
(terminology in NMSDC categories). Ownership by minority
individuals means the business is at least 51 percent owned by
such individuals or, in the case of a publicly owned business,
at least 51 percent of the stock is owned by one or more such
individuals. Further, the management and daily operations are
controlled by those minority group members. For purposes of
NMSDC's program, a minority group member is an individual who
is a United States citizen with at least \1/4\ or 25 percent
minimum (documentation to support claim of 25 percent required
from applicant) of one or more of the following:
(A) Asian Indian American, which is a United States
citizen whose origins are from India, Pakistan, or
Bangladesh.
(B) Asian Pacific American, which is a United
States citizen whose origins are from Japan, China,
Indonesia, Malaysia, Taiwan, Korea, Vietnam, Laos,
Cambodia, the Philippines, Thailand, Samoa, Guam, the
United States Trust Territories of the Pacific, or the
Northern Marianas.
(C) Black American, which is a United States
citizen having origins in any of the Black racial
groups of Africa.
(D) Hispanic American, which is a United States
citizen of true-born Hispanic heritage, from any of the
Spanish-speaking areas of the following regions:
Mexico, Central America, South America, and the
Caribbean Basin only.
(E) Native American, which means a United States
citizen enrolled to a federally recognized tribe, or a
Native as defined under the Alaska Native Claims
Settlement Act.
(3) NMSDC.--The term ``NMSDC'' means the National Minority
Supplier Development Council.
(4) Women-owned business.--The term ``women-owned
business'' means a business that can verify through evidence
documentation that 51 percent or more is women-owned, managed,
and controlled. The business must be open for at least 6
months. The business owner must be a United States citizen or
legal resident alien. Evidence must indicate that--
(A) the contribution of capital or expertise by the
woman business owner is real and substantial and in
proportion to the interest owned;
(B) the woman business owner directs or causes the
direction of management, policy, fiscal, and
operational matters; and
(C) the woman business owner has the ability to
perform in the area of specialty or expertise without
reliance on either the finances or resources of a firm
that is not owned by a woman.
(5) Service disabled veteran.--The term ``Service Disabled
Veteran'' must have a service-connected disability that has
been determined by the Department of Veterans Affairs or
Department of Defense. The SDVOSBC must be small under the
North American Industry Classification System (NAICS) code
assigned to the procurement; the SDV must unconditionally own
51 percent of the SDVOSBC; the SDVO must control the management
and daily operations of the SDVOSBC; and the SDV must hold the
highest officer position in the SDVOSBC.
(6) Veteran-owned business.--The term ``veteran-owned
business'' means a business that can verify through evidence
documentation that 51 percent or more is veteran-owned,
managed, and controlled. The business must be open for at least
6 months. The business owner must be a United States citizen or
legal resident alien and honorably or service-connected
disability discharged from service.
Passed the House of Representatives June 26, 2014.
Attest:
Clerk.
113th CONGRESS
2d Session
H. R. 4899
_______________________________________________________________________
AN ACT
To lower gasoline prices for the American family by increasing domestic
onshore and offshore energy exploration and production, to streamline
and improve onshore and offshore energy permitting and administration,
and for other purposes.