[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9472 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9472
To enhance national security and energy independence through
comprehensive offshore energy resource assessment and mapping, to
establish a framework for the regular review and standardization of
offshore resource exploration methodologies, to streamline the
permitting process for offshore geological and geophysical surveys, and
to provide for related purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 6, 2024
Mr. Hunt (for himself and Mr. Nehls) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committees on Energy and Commerce, Armed Services, and
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To enhance national security and energy independence through
comprehensive offshore energy resource assessment and mapping, to
establish a framework for the regular review and standardization of
offshore resource exploration methodologies, to streamline the
permitting process for offshore geological and geophysical surveys, and
to provide for related 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 ``Comprehensive Offshore Resource
Enhancement Act of 2024'' or the ``CORE Act''.
SEC. 2. SECURITY ASSESSMENT OF OFFSHORE ENERGY RESOURCE RESERVES.
(a) Definitions.--In this section:
(1) Secretaries.--The term ``Secretaries'' means the
Secretary of Energy, the Secretary of the Interior, and the
Secretary of Defense.
(2) Undiscovered resource.--The term ``undiscovered
resource'' means an oil and gas resource postulated, on the
basis of geologic knowledge or theory, to exist outside of
known fields or accumulations.
(b) Resource Security Assessment Collaboration Program.--To enhance
United States national security and energy independence, the
Secretaries shall establish a joint program (referred to in this
section as the ``program'') for offshore geophysical and geological
resource mapping and analysis of domestic resources critical to
national security.
(c) Purpose.--The purpose of the program is to ensure adequate
intelligence on the supply and security of offshore energy resources of
reliance to the domestic population and allied nations, including
natural gas, petroleum (including crude oil and petroleum products),
and critical minerals.
(d) Authority To Enter Into Agreements.--In carrying out the
program, the Secretaries may enter into 1 or more agreements directly
with a third party under such terms and conditions as the Secretaries
determine appropriate.
(e) Reports.--Not later than 1 year after the date of enactment of
this Act, the Secretaries shall submit a one-time report to the
Committee on Energy and Natural Resources and the Committee on Foreign
Relations of the Senate and the Committee on Energy and Commerce, the
Committee on Natural Resources, and the Committee on Foreign Affairs of
the House of Representatives that includes the following:
(1) An assessment of the approximate quantity of
undiscovered resources in each offshore regional planning area
as defined by the 2024-2029 National Outer Continental Shelf
Oil and Gas Leasing Proposed Final Program of September 29,
2023. In carrying out such assessment, the Secretaries shall--
(A) prioritize the acquisition and use of advanced
geophysical and geotechnical data and methods;
(B) acquire and apply new and emerging modeling and
analytic technologies, including data analysis tools,
quantum computing, modeling, and geographic information
systems, to approximate the quantity and establish a
peer-reviewed range of undiscovered resources in each
regional planning area with a discussion of the upper
and lower bound of the estimates with that discussion
to include recommendations as to how to reduce the
range of uncertainty; and
(C) utilize any existing maritime vessels or
deployed capability, including any geoseismic, sonar,
or related mapping technologies.
(2) An assessment of how the unavailability for leasing of
any lands that are withdrawn under section 12 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1341) or part of the
National Marine Sanctuary System established by section 301(c)
of the National Marine Sanctuaries Act (16 U.S.C. 1431(c))
affects--
(A) the exploration, development, and production of
oil and gas;
(B) national security, including the Nation's
ability to supply the Armed Forces, its allies, and
trade partners with petroleum products and related
fuels;
(C) domestic jobs and employment;
(D) the amount of revenue States and coastal
political subdivisions receive pursuant to section 105
of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note); and
(E) the ability of the Secretary of Energy to
acquire and exchange petroleum products for storage in
the Strategic Petroleum Reserve.
(3) An assessment of undiscovered subsea resources,
materials, and anomalies that could be utilized by commercial
or in national security operations, including stone, sand,
gravel, marine minerals, or offshore critical minerals.
(f) Standardization of Existing Reports.--Section 357 of the Energy
Policy Act of 2005 (42 U.S.C. 15912) is amended--
(1) in subsection (a)(1), by striking ``of Mexico and
Canada'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Inclusions.--The inventory and analysis conducted under
subsection (a) shall include the following:
``(1) An assessment of the approximate quantity of
undiscovered resources in each regional planning area as
defined by the 2024-2029 National Outer Continental Shelf Oil
and Gas Leasing Proposed Final Program of September 29, 2023,
which shall include the following:
``(A) A detailed analysis of how the future
production of these undiscovered resources could
influence the United States capacity to competitively
produce, market, and export hydrocarbons on a global
scale. This assessment should consider key market
variables such as global supply and demand dynamics,
projected price points, geopolitical factors, and the
role of United States production in maintaining global
energy security.
``(B) An economic analysis of how the development
and production of these undiscovered resources would
affect domestic employment across the supply chain.
This should include direct, indirect, and induced job
impacts, emphasizing the potential for job creation in
exploration, production, refining, logistics, and
associated industries.
``(C) To the fullest extent practicable, a
comparative analysis of offshore oil and gas
exploration and development practices for each major
offshore producing country shall be conducted within 10
years of the passage of the CORE Act and once every 10
years thereafter. This analysis shall provide the
following:
``(i) Data on the number of offshore acres
offered for lease, including the frequency of
lease auctions, sales, or lease issuances. This
should encompass lease structures, fiscal
terms, and competitive positioning relative to
United States leasing practices.
``(ii) Detailed reporting on the volume of
oil produced, measured in barrels on an annual
basis, including historical trends, production
forecasts, and the influence of technological
advancements on production efficiency and
recovery rates.
``(iii) Detailed reporting on the volume of
gas produced, measured in cubic feet,
accounting for regional market demands, export
capabilities, and contributions to energy
diversification strategies.
``(iv) An assessment of both undiscovered
and discovered offshore oil and gas resources,
including probabilistic estimates of resource
volumes that consider geological,
technological, and market factors impacting
exploration success and resource
recoverability.
``(2) An identification and assessment of how the
unavailability for leasing of any lands that are withdrawn
under section 12 of the Outer Continental Shelf Lands Act (43
U.S.C. 1341) or part of the National Marine Sanctuary System
established by section 301(c) of the National Marine
Sanctuaries Act (16 U.S.C. 1431(c)) affects--
``(A) the exploration, development, and production
of oil and gas;
``(B) national security, including the Nation's
ability to supply the Armed Forces, its allies, and
trade partners with petroleum products and related
fuels;
``(C) domestic jobs and employment;
``(D) the amount of revenue States and coastal
political subdivisions receive pursuant to section 105
of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note); and
``(E) the ability of the Secretary of Energy to
acquire and exchange petroleum products for storage in
the Strategic Petroleum Reserve.'';
(3) in subsection (c), as so redesignated--
(A) by striking ``The Secretary shall submit'' and
inserting ``Not later than 365 days after the date of
enactment of the CORE Act, the Secretary shall
submit''; and
(B) by striking ``, within 6 months of the date of
enactment of the section''; and
(4) by adding at the end the following:
``(d) Updating Assessment Methodology.--
``(1) Assessment.--The Secretary of the Interior shall
periodically conduct an assessment of the costs, benefits, and
accuracy of the models utilized by the Bureau of Ocean Energy
Management to conduct resource assessments. In carrying out
such assessment, the Secretary of the Interior shall jointly
consult with Society of Petroleum Engineers' Resources and
Reserves Committee, the National Petroleum Council, and also
the United States Association for Energy Economics, with
respect to recommending new methodologies, if deficiencies
these groups identified exist in current practices or if
potential benefits could be realized from employing new methods
of analysis. The initial assessment shall be conducted not
later than 1 year after the date of enactment of the CORE Act,
and subsequent assessments not later than every 10 years
thereafter. The National Petroleum Council shall lead joint
consultations with the Secretary of the Interior.
``(2) Report.--Following each assessment conducted under
paragraph (1), the Secretary of the Interior shall update the
assessment methodologies used in the comprehensive inventory of
U.S. Outer Continental Shelf Oil and Natural Gas Resources. The
Secretary shall also prepare a report, based on the timelines
in paragraph (1), which shall include the following:
``(A) A clear, detailed explanation of any updates
made to the assessment methodologies based on the joint
consultations with the Society of Petroleum Engineers'
Resources and Reserves Committee, the National
Petroleum Council, and the United States Association
for Energy Economics.
``(B) An evaluation describing how the updates
improve the accuracy, cost-effectiveness, and
reliability of the resource assessments.
``(C) If any recommended updates are not
incorporated, the report must provide a detailed
explanation of why these updates were not adopted,
including any technical, legal, or practical
constraints that prevented their implementation.''.
SEC. 3. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.
(a) Incidental Take Regulations.--Notwithstanding any other
provision of law, the National Marine Fisheries Service and the
National Oceanic and Atmospheric Administration shall maintain
incidental take regulations under the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.) governing the issuance of Letters of
Authorization for Outer Continental Shelf geophysical and geological
surveys. These regulations shall not expire, nor require renewal every
5 years, but be maintained and updated as necessary through the
requirements of subchapter II of chapter 5 and chapter 7 of title 5,
United States Code (commonly known as the ``Administrative Procedure
Act''). The regulations governing Outer Continental Shelf geophysical
and geological surveys referenced in this subsection (section 217 of
title 50, Code of Federal Regulations), issued by the National Marine
Fisheries Service effective on May 24, 2024, shall not expire on April
19, 2026.
(b) Geological and Geophysical Survey Licensing.--
(1) In general.--The Secretary of the Interior shall
authorize geological and geophysical surveys related to oil and
gas activities on the Gulf of Mexico Outer Continental Shelf
within 30 days of receipt of a completed application and shall,
as applicable to survey type, comply with the mitigation and
monitoring measures in subsections (a), (b), (c), (d), (f), and
(g) of section 217.184 of title 50, Code of Federal Regulations
(as in effect on January 1, 2022), and section 217.185 of title
50, Code of Federal Regulations (as in effect on January 1,
2022). In issuing permits for these surveys, the Secretary
shall not require an applicant to obtain a letter of
authorization. Any permit authorizing a geological or
geophysical survey shall be extended for a period of no more
than 12 months within 30 days of receipt of a written request
from the permittee.
(2) Compliance with other acts.--Geological and geophysical
surveys authorized pursuant to this subsection are deemed to be
in full compliance with the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), and implementing regulations.
(c) Judicial Review and Enforcement.--
(1) Definitions.--In this subsection:
(A) Agency document.--The term ``agency document''
means, with respect to a geophysical or geoseismic
survey project, a record of decision, categorical
exclusion, environmental document, or programmatic
environmental document.
(B) NEPA terms.--The terms ``categorical
exclusion'', ``environmental document'', and
``programmatic environmental document'' have the
meanings given such terms, respectively, in section 111
of the National Environmental Policy Act of 1969 (42
U.S.C. 4336e).
(2) In general.--A court shall not enjoin an offshore oil
and gas geophysical or geoseismic survey project if the court
determines that the plaintiff is unable to demonstrate that the
claim of the plaintiff is likely to succeed on the merits.
(3) Considerations in injunctive relief.--While considering
any request for an injunction that applies to any agency action
as part of an offshore oil and gas geophysical or geoseismic
survey project, the court reviewing the agency action shall
only consider deficiencies by an agency pursuant to law. The
court may remand the geophysical or geoseismic survey project
to the applicable agency with instruction to correct (including
specific directions) the errors or deficiencies within 30 days.
An activity under the geophysical or geoseismic survey project
may be carried out so long as such activity does not affect the
errors or deficiencies described in this paragraph.
(4) Review.--Unless the court finds that the applicable
agency entirely failed to publish a required environmental
assessment or environmental impact statement, on remand--
(A) the court shall not require such agency to
prepare a new environmental assessment or environmental
impact statement; and
(B) such agency may use another format, including a
memorandum or errata sheet, to document any new
analysis required.
(5) Limitations on claims.--Notwithstanding any other
provision of law, a claim arising under Federal law seeking
judicial review of a geophysical or geoseismic survey project
shall be barred unless--
(A) with respect to an agency document noticed in
the Federal Register, such claim is filed not later
than 120 days after the date of publication of a notice
in the Federal Register of agency intent to carry out
the geophysical or geoseismic survey project, unless a
shorter period is specified in such Federal law;
(B) in the case of an agency document not described
in paragraph (3), such claim is filed not later than
120 days after the date that is the earlier of--
(i) the date on which such agency document
is published; and
(ii) the date on which such agency document
is noticed; and
(C) in the case of an authorization or action for
which there was a public comment period, such claim--
(i) is filed by a party that--
(I) participated in the
administrative proceedings regarding
such geophysical or geoseismic survey
project; and
(II) submitted a comment during
such public comment period and such
comment was sufficiently detailed to
put the applicable agency on notice of
the issue upon which the party seeks
judicial review; and
(ii) is related to such comment.
(6) District court review.--A district court shall have no
more than 30 days from the date a petition is filed to issue a
decision under this section.
(7) Appeals court review.--An appeals court shall have no
more than 30 days to issue a decision on an appeal of a
district court's ruling under this section.
(d) Reporting and Accountability.--The Secretary concerned shall
publish online public reports monthly detailing the number of permit
applications received, the average processing time of such
applications, and instances of noncompliance beginning 1 calendar year
after the date of the enactment of this Act.
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