[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3214 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3214
To promote domestic energy production, to require onshore oil and
natural gas lease sales, development of renewable energy on public
lands, and offshore oil and natural gas and wind lease sales, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 16, 2021
Mr. Daines (for himself, Mrs. Hyde-Smith, Mr. Marshall, Ms. Lummis, and
Mr. Lankford) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To promote domestic energy production, to require onshore oil and
natural gas lease sales, development of renewable energy on public
lands, and offshore oil and natural gas and wind lease sales, 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 ``Supporting Made in America Renewable
and Traditional Energy Act'' or the ``SMART Energy Act''.
SEC. 2. OIL AND NATURAL GAS AND WIND LEASING; PRIORITY AREAS FOR
RENEWABLE ENERGY PROJECTS.
(a) Onshore Lease Sales and Renewable Energy Projects.--
(1) Requirement to immediately resume onshore and offshore
oil and gas lease sales.--
(A) In general.--The Secretary of the Interior
(referred to in this Act as the ``Secretary'') shall
immediately resume oil and gas lease sales in
compliance with the Mineral Leasing Act (30 U.S.C. 181
et seq.).
(B) Requirement.--The Secretary shall ensure that
any oil and gas lease sale under subparagraph (A) is
conducted immediately on completion of all applicable
scoping, public comment, and environmental analysis
requirements under the Mineral Leasing Act (30 U.S.C.
181 et seq.) and the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) Annual lease sales.--
(A) In general.--Notwithstanding any other
provision of law, in accordance with the Mineral
Leasing Act (30 U.S.C. 181 et seq.), beginning in
fiscal year 2022, the Secretary shall conduct a minimum
of 4 oil and natural gas lease sales annually in each
of the following States:
(i) Wyoming.
(ii) New Mexico.
(iii) Colorado.
(iv) Utah.
(v) Montana.
(vi) North Dakota.
(vii) Oklahoma.
(viii) Nevada.
(ix) Any other State in which there is land
available for oil and natural gas leasing under
that Act.
(B) Requirement.--In conducting a lease sale under
subparagraph (A) in a State described in that
subparagraph, the Secretary shall offer all parcels
eligible for oil and gas development under the resource
management plan in effect for the State.
(C) Replacement sales.--If, for any reason, a lease
sale under subparagraph (A) for a calendar year is
canceled, delayed, or deferred, including for a lack of
eligible parcels, the Secretary shall conduct a
replacement sale during the same calendar year.
(3) Priority areas for geothermal, solar, and wind energy
projects.--Not later than 2 years after the date of enactment
of this Act, the Secretary, in consultation with the Secretary
of Energy, shall establish priority areas on public lands (as
defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) for geothermal, solar,
and wind energy projects, consistent with--
(A) the principles of multiple use (as defined in
that section); and
(B) the national goals for renewable energy
production established pursuant to section 3104 of the
Energy Act of 2020 (43 U.S.C. 3004), including the
minimum production goal described in subsection (b) of
that section.
(b) Offshore Lease Sales.--
(1) In general.--The Secretary shall conduct all lease
sales described in the 2017-2022 Outer Continental Shelf Oil
and Gas Leasing Proposed Final Program (November 2016) that
have not been conducted as of the date of enactment of this Act
by not later than December 31, 2022.
(2) Gulf of mexico region annual lease sales.--
Notwithstanding any other provision of law, beginning in fiscal
year 2022, the Secretary shall conduct a minimum of 2 region-
wide oil and natural gas lease sales annually in the Gulf of
Mexico Region of the outer Continental Shelf, which shall
include the following areas described in the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016):
(A) The Central Gulf of Mexico Planning Area.
(B) The Western Gulf of Mexico Planning Area.
(3) Alaska region annual lease sales.--Notwithstanding any
other provision of law, beginning in fiscal year 2022, the
Secretary shall conduct a minimum of 2 region-wide oil and
natural gas lease sales annually in the Alaska Region of the
outer Continental Shelf, as described in the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016).
(4) Atlantic region and pacific region annual lease
sales.--
(A) In general.--The Secretary shall immediately
review and make proposals for the offshore wind leasing
program for the Atlantic and Pacific Regions of the
outer Continental Shelf in order to reach the goal of
conducting a minimum of 2 region-wide wind lease sales
annually in each of the Atlantic and Pacific Regions of
the outer Continental Shelf.
(B) Requirement.--The Secretary shall ensure that
the proposals for offshore wind leasing under
subparagraph (A) take into consideration the locally
affected coastal communities.
(5) Requirements.--In conducting lease sales under
paragraphs (2), (3), and (4), the Secretary shall--
(A) issue leases to the highest responsible
qualified bidder or bidders; and
(B) include in each lease sale all unleased areas
that are not subject to restrictions as of the date of
the lease sale.
(6) Outer continental shelf oil and gas leasing program.--
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended--
(A) in subsection (a), in the first sentence of the
matter preceding paragraph (1), by striking
``subsections (c) and (d) of this section'' and
inserting ``subsections (c) through (f)'';
(B) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(C) by inserting after subsection (e) the
following:
``(f) Subsequent Leasing Programs.--
``(1) In general.--Not later than 36 months after
conducting the first lease sale under an oil and gas leasing
program prepared pursuant to this section, the Secretary shall
begin preparing the subsequent oil and gas leasing program
under this section.
``(2) Requirement.--Each subsequent oil and gas leasing
program under this section shall be approved not later than 180
days before the expiration of the previous oil and gas leasing
program.''.
(c) Prohibition.--
(1) In general.--The President shall not, through Executive
order or any other administrative procedure, unreasonably
pause, cancel, delay, defer, or otherwise impede or circumvent
the Federal energy mineral leasing processes under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) or a related
rulemaking process required by subchapter II of chapter 5, and
chapter 7, of title 5, United States Code (commonly known as
the ``Administrative Procedure Act''), without Congressional
approval.
(2) Rebuttable presumption.--There shall be a rebuttable
presumption that any attempt by the President to pause, cancel,
delay, defer, or otherwise impede or circumvent any Federal
energy mineral leasing process under the Mineral Leasing Act
(30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) or a related rulemaking process
required by subchapter II of chapter 5, and chapter 7, of title
5, United States Code (commonly known as the ``Administrative
Procedure Act''), without Congressional approval, is a
violation of the applicable law.
SEC. 3. REQUIREMENT TO SUBMIT DOCUMENTS AND COMMUNICATIONS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, 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 all documents and communications
relating to the comprehensive review of Federal oil and gas permitting
and leasing practices required under section 208 of Executive Order
14008 (86 Fed. Reg. 7624 (February 1, 2021); relating to tackling the
climate crisis at home and abroad).
(b) Inclusions.--The submission under subsection (a) shall include
all documents and communications submitted to the Secretary by members
of the public in response to any public meeting or forum relating to
the comprehensive review described in that subsection.
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