118 HR 9472 IH: Comprehensive Offshore Resource Enhancement Act of 2024
U.S. House of Representatives
2024-09-06
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I
118th CONGRESS
2d Session
H. R. 9472
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.
1.

Short title
This Act may be cited as the “Comprehensive Offshore Resource Enhancement Act of 2024” or the “CORE Act”.
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.”.
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.