Domestic Energy and Jobs Act - Title I: Keystone XL Permit Approval - Declares that no presidential permit shall be required for a specified pipeline application filed on May 4, 2012, by TransCanada Corporation to the Department of State for the northern portion of the Keystone XL pipeline from the Canadian border to the South Dakota/Nebraska border.
Title II: Impacts of EPA Rules and Actions on Energy Prices - Gasoline Regulations Act of 2012 - Requires the President to establish the Transportation Fuels Regulatory Committee to analyze and report on the cumulative impacts of certain covered rules and actions under the Clean Air Act.
Prohibits the Administrator of the Environmental Protection Agency (EPA) from finalizing the following rules until at least six months after the Committee submits its final report: (1) "Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards" and any successor or substantially similar rule; (2) any rule proposed after March 15, 2012, establishing or revising a performance or emission standard for new stationary sources or hazardous air pollutants that is applicable to petroleum refineries; and (3) any rule revising or supplementing the national ambient air quality standards for ozone under the Clean Air Act. Requires the EPA Administrator to consider feasibility and cost in revising or supplementing any such standards for ozone.
Amends the Clean Air Act to: (1) authorize the Administrator to waive temporarily a control or prohibition governing the use of a regulated fuel or fuel additive following a determination that unusual and extreme fuel additive supply circumstances are the result of a problem with distribution or delivery equipment necessary for the transportation or delivery of fuel or fuel additives, and (2) grant a presumptive approval to a request for a waiver if the Administrator does not approve or deny such request within three days after its receipt.
Amends the Energy Policy Act of 2005 to direct the Administrator and the Secretary of Energy to include biofuels in their joint Fuel System Requirements Harmonization Study, as well as an assessment of the effect of such requirements upon achievement of the renewable fuel standard. Extends from June 1, 2008, to June 1, 2014, the deadline for the report to Congress on the results of the Study.
Title III: Quadrennial Strategic Federal Onshore Energy Production Strategy - Planning for American Energy Act of 2012 - Amends the Mineral Leasing Act to direct the Secretary of the Interior (Secretary) and the Secretary of Agriculture (USDA) to publish every four years a Quadrennial Federal Onshore Energy Production Strategy, which shall direct federal land energy development and department resource allocation in order to promote the energy security of the United States.
Requires the Secretary to determine a domestic strategic production objective for the development of energy resources from federal onshore lands.
Expresses the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy.
Title IV: Onshore Oil and Gas Leasing Certainty - Providing Leasing Certainty for American Energy Act of 2012 - Amends the Mineral Leasing Act to direct the Secretary, in conducting lease sales, to offer for sale at least 25% of the annual nominated acreage not previously made available for lease.
Shields such acreage from review and the test of extraordinary circumstances. Makes such acreage eligible for certain categorical exclusions under the Energy Policy Act of 2005 in connection with review under the National Environmental Policy Act of 1969 (NEPA).
(A categorical exclusion is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which, as a consequence, neither an environmental assessment nor an environmental impact statement is required.)
Directs the Secretary to consider leasing only federal lands that are available for leasing at the time the lease sale occurs.
Prohibits the Secretary from: (1) withdrawing approval of any covered energy project involving a lease issued under the Act without finding a violation by the lessee of lease terms; (2) delaying indefinitely issuance of project approvals, drilling and seismic permits, and rights-of-way for activities under a lease; or (3) cancelling or withdrawing any lease parcel after a competitive lease sale has occurred and a winning bidder has made the last payment for the parcel.
Directs the Secretary to complete the review of any appeal of a lease sale within 60 days after its receipt.
Declares without force or effect Bureau of Land Management Instruction Memorandum 2010-117.
Title V: Streamlined Energy Permitting - Streamlining Permitting of American Energy Act of 2012 - Amends the Mineral Leasing Act to revise requirements for the issuance of permits to drill in energy projects on federal lands.
Authorizes the Secretary of the Interior to extend the initial 30-day permit application review period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant.
Deems a permit application approved if the Secretary has made no decision on it 60 days after its receipt.
Directs the Secretary to collect a single $6,500 permit processing fee per application from each applicant at the time the decision is made whether or not to issue a permit.
Requires that 50% of fees collected as annual wind energy and solar energy right-of-way authorization fees be retained by the Secretary for use by: (1) the Bureau of Land Management (BLM) to process permits, right-of-way applications, and other activities necessary for renewable energy development; and (2) either the U.S. Fish and Wildlife Service or other federal agencies involved in wind and solar permitting reviews in order to facilitate the processing of wind energy and solar energy permit applications on BLM lands.
Requires the Secretary to collect a $5,000 documentation fee to accompany each appeal of an action on a lease, right-of-way, or application for permit to drill.
Requires the Secretary to: (1) establish a Federal Permit Streamlining Project in each BLM Field office with responsibility for issuing permits energy projects on federal land; and (2) enter into a related memorandum of understanding to this end with the Secretary of Agriculture, the EPA Administrator, and the Secretary of the Army, acting through the Chief of Engineers.
Authorizes the Secretary to request the governor of any state with energy projects on federal lands to be a signatory to the memorandum of understanding.
Prohibits the Secretary from requiring a finding of extraordinary circumstances related to a categorical exclusion in administering the Energy Policy Act of 2005 with respect to review under NEPA.
Directs the Secretary, when practicable, to encourage the use of U.S. workers and equipment manufactured in the United States in all construction related to mineral resource development under this title.
Declares venue for any covered civil action to lie in the U.S. district court in which the project or leases exist or are proposed.
Prescribes judicial review procedures for leasing federal lands for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other energy source.
Title VI: Expeditious Oil and Gas Leasing Program in National Petroleum Reserve in Alaska - National Petroleum Reserve Alaska Access Act - Expresses the sense of Congress that: (1) the National Petroleum Reserve (NPR) in Alaska remains explicitly designated to provide oil and natural gas resources to the United States, and (2) it is national policy to actively advance oil and gas development within the NPR.
Amends the Naval Petroleum Reserves Production Act of 1976 to require that the mandatory program of competitive leasing of oil and gas in the NPR include at least one lease sale annually in those NPR areas most likely to produce commercial quantities of oil and natural gas each year during 2011-2021.
Directs the Secretary to facilitate and ensure, according to a specified timeline, permits for all surface development activities (including pipelines and road construction) in order to: (1) develop and bring into production areas within the NPR that are subject to oil and gas leases, and (2) transport oil and gas from and through the NPR to existing transportation or processing infrastructure on the North Slope of Alaska.
Instructs the Secretary to approve, within 180 days after enactment of this Act, and after public comment and consultation with the state of Alaska, right-of-way corridors for the construction of two separate additional bridges and pipeline rights-of-way to facilitate oil and gas development in the NPR.
Requires the Secretary, through the U.S. Geological Survey, to assess all technically recoverable fossil fuel resources within the NPR, including conventional and unconventional oil and natural gas.
Declares without force or effect with respect to this title the designation by EPA of the Colville River Delta as an Aquatic Resource of National Importance.
Title VII: Internet-Based Onshore Oil and Gas Lease Sales - BLM Live Internet Auctions Act - Amends the Mineral Leasing Act to authorize the Secretary to conduct onshore oil and gas lease sales through Internet-based bidding methods.
Title VIII: Advancing Offshore Wind Production - Advancing Offshore Wind Production Act - Exempts projects determined by the Secretary to be an offshore meteorological site testing and monitoring project from environmental impact statement requirements under NEPA.
Defines an "offshore meteorological site testing and monitoring project" as a project administered by the Department of the Interior and carried out on or in the waters of the Outer Continental Shelf (OCS) to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure and that meets specified other requirements.
Directs the Secretary to: (1) require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the OCS obtain a permit and right of way for the project; and (2) decide whether to issue such a permit and right of way within 30 days after receiving an application.
Title IX: Critical Minerals - Directs the Secretary, acting through the Director of the U.S. Geological Survey, to publish in the Federal Register a draft methodology for determining which minerals qualify as critical minerals, based upon an assessment of whether they are subject to potential supply restrictions and important in use.
Directs the President to coordinate federal agency actions to facilitate development and production of domestic resources to meet national critical minerals needs.
Directs the Secretary to conduct a specified national assessment of critical minerals.
Establishes within the Department of the Interior the Critical Minerals Working Group to facilitate federal agency: (1) efforts to optimize efficiencies associated with the permitting of activities that will increase exploration and development of domestic critical minerals; and (2) review of laws, regulations, and policies that discourage investment in domestic critical minerals.
Directs the Secretary of Energy (DOE) to conduct research and development to promote the efficient production, use, recycling of, and alternatives to critical minerals.
Instructs the Secretary of Labor to assess the domestic availability of technically trained personnel necessary for critical mineral enterprises, including skills in the shortest supply.
Directs the Secretaries of the Interior and of Labor to arrange jointly with the National Academy of Sciences (NAS) and the National Academy of Engineering (NAE) to coordinate with the National Science Foundation (NSF) on a study to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain.
Directs the Secretary of the Interior and the NSF to conduct jointly a competitive program of four-year grants to institutions of higher education to implement programs addressing integrated critical mineral education, training, innovation, and workforce development.
Directs the Secretary of State to promote international cooperation with U.S. allies regarding critical mineral supply chain issues.
Repeals the National Critical Materials Act of 1984.
Title X: Miscellaneous - Prohibits the Secretary of the Interior from transferring to the Office of Surface Mining Reclamation and Enforcement any responsibility or authority to perform any function performed on the day before enactment of this Act under the solid minerals leasing program of the Department of the Interior.
Amends the Gulf of Mexico Energy Security Act of 2006 to: (1) shorten from FY2055 to FY2022 the time period during which the maximum amount of distributed qualified OCS shelf revenues available for distribution to certain states remains $500 million, and (2) increase to $750 million the maximum amount of distributed qualified OCS revenues for each of FY2023-FY2055.
Directs the Secretary to carry out Lease Sale 220 off the coast of Virginia within the proposed OCS oil and gas leasing program for the 2012-2017 period.
Directs the Secretary and the Secretary of Defense (DOD) to work jointly to: (1) preserve the ability of the Armed Forces to maintain an optimum state of readiness through their continued use of OCS energy resources; and (2) allow effective exploration, development, and production of U.S. oil, gas, and renewable energy resources.
Prohibits any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation agreed upon in a certain Memorandum.
Prohibits the Secretary of the Interior, before December 31, 2013, from issuing or approving any proposed or final regulation under the Surface Mining Control and Reclamation Act of 1977 that would adversely impact employment in coal mines in the United States, or cause reductions in the quantity of coal in the United States available for mining or in federal, state, local, and tribal revenues from coal mining.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3445 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3445
To approve the Keystone XL Pipeline, to provide for the development of
a plan to increase oil and gas exploration, development, and production
under oil and gas leases of Federal land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26, 2012
Mr. Hoeven (for himself, Mr. McConnell, Ms. Murkowski, Mr. Barrasso,
Mr. Cornyn, Mr. Vitter, Mr. Thune, Mr. Blunt, Mr. Wicker, Mrs.
Hutchison, Mr. Burr, Mr. Heller, Mr. Risch, Mr. Coats, Mr. Portman, Mr.
Kyl, Mr. Sessions, Mr. Shelby, Mr. Inhofe, Mr. Cochran, Mr. McCain, Mr.
Isakson, Mr. Crapo, Mr. Enzi, Mr. Roberts, Mr. Boozman, Mr. Coburn, Mr.
Johnson of Wisconsin, Mr. Chambliss, Mr. Johanns, and Mr. Lugar)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To approve the Keystone XL Pipeline, to provide for the development of
a plan to increase oil and gas exploration, development, and production
under oil and gas leases of Federal land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Domestic Energy
and Jobs Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--KEYSTONE XL PERMIT APPROVAL
Sec. 101. Keystone XL permit approval.
TITLE II--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICES
Sec. 201. Short title.
Sec. 202. Transportation Fuels Regulatory Committee.
Sec. 203. Analyses.
Sec. 204. Reports; public comment.
Sec. 205. No final action on certain rules.
Sec. 206. Consideration of feasibility and cost in revising or
supplementing national ambient air quality
standards for ozone.
Sec. 207. Fuel requirements waiver and study.
TITLE III--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION
STRATEGY
Sec. 301. Short title.
Sec. 302. Onshore domestic energy production strategic plan.
TITLE IV--ONSHORE OIL AND GAS LEASING CERTAINTY
Sec. 401. Short title.
Sec. 402. Minimum acreage requirement for onshore lease sales.
Sec. 403. Leasing certainty and consistency.
Sec. 404. Reduction of redundant policies.
TITLE V--STREAMLINED ENERGY PERMITTING
Sec. 501. Short title.
Subtitle A--Application for Permits to Drill Process Reform
Sec. 511. Permit to drill application timeline.
Sec. 512. Solar and wind right-of-way rental reform.
Subtitle B--Administrative Appeal Documentation Reform
Sec. 521. Administrative appeal documentation reform.
Subtitle C--Permit Streamlining
Sec. 531. Federal energy permit coordination.
Sec. 532. Administration of current law.
Sec. 533. Policies regarding buying, building, and working for America.
Subtitle D--Judicial Review
Sec. 541. Definitions.
Sec. 542. Exclusive venue for certain civil actions relating to covered
energy projects.
Sec. 543. Timely filing.
Sec. 544. Expedition in hearing and determining the action.
Sec. 545. Standard of review.
Sec. 546. Limitation on injunction and prospective relief.
Sec. 547. Limitation on attorneys' fees.
Sec. 548. Legal standing.
TITLE VI--EXPEDITIOUS OIL AND GAS LEASING PROGRAM IN NATIONAL PETROLEUM
RESERVE IN ALASKA
Sec. 601. Short title.
Sec. 602. Sense of Congress reaffirming national policy regarding
National Petroleum Reserve in Alaska.
Sec. 603. Competitive leasing of oil and gas.
Sec. 604. Planning and permitting pipeline and road construction.
Sec. 605. Departmental accountability for development.
Sec. 606. Updated resource assessment.
Sec. 607. Colville River Delta designation.
TITLE VII--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES
Sec. 701. Short title.
Sec. 702. Internet-based onshore oil and gas lease sales.
TITLE VIII--ADVANCING OFFSHORE WIND PRODUCTION
Sec. 801. Short title.
Sec. 802. Offshore meteorological site testing and monitoring projects.
TITLE IX--CRITICAL MINERALS
Sec. 901. Definitions.
Sec. 902. Designations.
Sec. 903. Policy.
Sec. 904. Resource assessment.
Sec. 905. Permitting.
Sec. 906. Recycling and alternatives.
Sec. 907. Analysis and forecasting.
Sec. 908. Education and workforce.
Sec. 909. International cooperation.
Sec. 910. Repeal, authorization, and offset.
TITLE X--MISCELLANEOUS
Sec. 1001. Limitation on transfer of functions under the Solid Minerals
Leasing Program.
Sec. 1002. Amount of distributed qualified Outer Continental Shelf
revenues.
Sec. 1003. Lease Sale 220 and other lease sales off the coast of
Virginia.
Sec. 1004. Limitation on authority to issue regulations under the
Surface Mining Control and Reclamation Act
of 1977.
TITLE I--KEYSTONE XL PERMIT APPROVAL
SEC. 101. KEYSTONE XL PERMIT APPROVAL.
(a) In General.--Notwithstanding Executive Order No. 13337 (3
U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note),
section 301 of title 3, United States Code, and any other Executive
order or provision of law, no presidential permit shall be required for
the pipeline described in the application filed on May 4, 2012, by
TransCanada Corporation to the Department of State for the northern
portion of the Keystone XL pipeline from the Canadian border to the
South Dakota/Nebraska border.
(b) Environmental Impact Statement.--The final environmental impact
statement issued by the Secretary of State on August 26, 2011,
regarding the pipeline referred to in subsection (a), shall be
considered to satisfy all requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Intrastate Portion.--Nothing in this section affects the
ongoing work of the State of Nebraska with regard to the fully
intrastate portion of the Keystone XL pipeline.
TITLE II--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Gasoline Regulations Act of
2012''.
SEC. 202. TRANSPORTATION FUELS REGULATORY COMMITTEE.
(a) Establishment.--The President shall establish a committee, to
be known as the Transportation Fuels Regulatory Committee (referred to
in this title as the ``Committee''), to analyze and report on the
cumulative impacts of certain rules and actions of the Environmental
Protection Agency on gasoline, diesel fuel, and natural gas prices, in
accordance with sections 203 and 204.
(b) Members.--The Committee shall be composed of the following
officials (or their designees):
(1) The Secretary of Energy, who shall serve as the Chair
of the Committee.
(2) The Secretary of Transportation, acting through the
Administrator of the National Highway Traffic Safety
Administration.
(3) The Secretary of Commerce, acting through the Chief
Economist and the Under Secretary for International Trade.
(4) The Secretary of Labor, acting through the Commissioner
of the Bureau of Labor Statistics.
(5) The Secretary of the Treasury, acting through the
Deputy Assistant Secretary for Environment and Energy of the
Department of the Treasury.
(6) The Secretary of Agriculture, acting through the Chief
Economist.
(7) The Administrator of the Environmental Protection
Agency.
(8) The Chairman of the United States International Trade
Commission, acting through the Director of the Office of
Economics.
(9) The Administrator of the Energy Information
Administration.
(c) Consultation by Chair.--In carrying out the functions of the
Chair of the Committee, the Chair shall consult with the other members
of the Committee.
(d) Consultation by Committee.--In carrying out this title, the
Committee shall consult with the National Energy Technology Laboratory.
(e) Termination.--The Committee shall terminate on the date that is
60 days after the date of submission of the final report of the
Committee pursuant to section 204(c).
SEC. 203. ANALYSES.
(a) Definitions.--In this section:
(1) Covered action.--The term ``covered action'' means any
action, to the extent that the action affects facilities
involved in the production, transportation, or distribution of
gasoline, diesel fuel, or natural gas, taken on or after
January 1, 2009, by the Administrator of the Environmental
Protection Agency, a State, a local government, or a permitting
agency as a result of the application of part C of title I
(relating to prevention of significant deterioration of air
quality), or title V (relating to permitting), of the Clean Air
Act (42 U.S.C. 7401 et seq.), to an air pollutant that is
identified as a greenhouse gas in the rule entitled
``Endangerment and Cause or Contribute Findings for Greenhouse
Gases Under Section 202(a) of the Clean Air Act'' (74 Fed. Reg.
66496 (December 15, 2009)).
(2) Covered rule.--The term ``covered rule'' means the
following rules (and includes any successor or substantially
similar rules):
(A) ``Control of Air Pollution From New Motor
Vehicles: Tier 3 Motor Vehicle Emission and Fuel
Standards'', as described in the Unified Agenda of
Federal Regulatory and Deregulatory Actions under
Regulatory Identification Number 2060-AQ86.
(B) ``National Ambient Air Quality Standards for
Ozone'' (73 Fed. Reg. 16436 (March 27, 2008)).
(C) ``Reconsideration of the 2008 Ozone Primary and
Secondary National Ambient Air Quality Standards'', as
described in the Unified Agenda of Federal Regulatory
and Deregulatory Actions under Regulatory
Identification Number 2060-AP98.
(D) Any rule proposed after March 15, 2012,
establishing or revising a standard of performance or
emission standard under section 111 or 112 of the Clean
Air Act (42 U.S.C. 7411, 7412) applicable to petroleum
refineries.
(E) Any rule proposed after March 15, 2012, to
implement any portion of the renewable fuel program
under section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)).
(F) Any rule proposed after March 15, 2012,
revising or supplementing the national ambient air
quality standards for ozone under section 109 of the
Clean Air Act (42 U.S.C. 7409).
(b) Scope.--The Committee shall conduct analyses, for each of
calendar years 2016 and 2020, of the prospective cumulative impact of
all covered rules and covered actions.
(c) Contents.--The Committee shall include in each analysis
conducted under this section--
(1) estimates of the cumulative impacts of the covered
rules and covered actions relating to--
(A) any resulting change in the national, State, or
regional price of gasoline, diesel fuel, or natural
gas;
(B) required capital investments and projected
costs for operation and maintenance of new equipment
required to be installed;
(C) global economic competitiveness of the United
States and any loss of domestic refining capacity;
(D) other cumulative costs and cumulative benefits,
including evaluation through a general equilibrium
model approach;
(E) national, State, and regional employment,
including impacts associated with changes in gasoline,
diesel fuel, or natural gas prices and facility
closures; and
(F) any other matters affecting the growth,
stability, and sustainability of the oil and gas
industries of the United States, particularly relative
to that of other nations;
(2) an analysis of key uncertainties and assumptions
associated with each estimate under paragraph (1);
(3) a sensitivity analysis reflecting alternative
assumptions with respect to the aggregate demand for gasoline,
diesel fuel, or natural gas; and
(4) an analysis and, if feasible, an assessment of--
(A) the cumulative impact of the covered rules and
covered actions on--
(i) consumers;
(ii) small businesses;
(iii) regional economies;
(iv) State, local, and tribal governments;
(v) low-income communities;
(vi) public health; and
(vii) local and industry-specific labor
markets; and
(B) key uncertainties associated with each topic
described in subparagraph (A).
(d) Methods.--In conducting analyses under this section, the
Committee shall use the best available methods, consistent with
guidance from the Office of Information and Regulatory Affairs and the
Office of Management and Budget Circular A-4.
(e) Data.--In conducting analyses under this section, the Committee
shall not be required to create data or to use data that is not readily
accessible.
SEC. 204. REPORTS; PUBLIC COMMENT.
(a) Preliminary Report.--Not later than 90 days after the date of
enactment of this Act, the Committee shall make public and submit to
the Committee on Energy and Commerce of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
preliminary report containing the results of the analyses conducted
under section 203.
(b) Public Comment Period.--The Committee shall accept public
comments regarding the preliminary report submitted under subsection
(a) for a period of 60 days after the date on which the preliminary
report is submitted.
(c) Final Report.--Not later than 60 days after the expiration of
the 60-day period described in subsection (b), the Committee shall
submit to Congress a final report containing the analyses conducted
under section 203, including--
(1) any revisions to the analyses made as a result of
public comments; and
(2) a response to the public comments.
SEC. 205. NO FINAL ACTION ON CERTAIN RULES.
(a) In General.--The Administrator of the Environmental Protection
Agency shall not finalize any of the following rules until a date (to
be determined by the Administrator) that is at least 180 days after the
date on which the Committee submits the final report under section
204(c):
(1) ``Control of Air Pollution From New Motor Vehicles:
Tier 3 Motor Vehicle Emission and Fuel Standards'', as
described in the Unified Agenda of Federal Regulatory and
Deregulatory Actions under Regulatory Identification Number
2060-AQ86, and any successor or substantially similar rule.
(2) Any rule proposed after March 15, 2012, establishing or
revising a standard of performance or emission standard under
section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412)
that is applicable to petroleum refineries.
(3) Any rule revising or supplementing the national ambient
air quality standards for ozone under section 109 of the Clean
Air Act (42 U.S.C. 7409).
(b) Other Rules Not Affected.--Subsection (a) shall not affect the
finalization of any rule other than the rules described in subsection
(a).
SEC. 206. CONSIDERATION OF FEASIBILITY AND COST IN REVISING OR
SUPPLEMENTING NATIONAL AMBIENT AIR QUALITY STANDARDS FOR
OZONE.
In revising or supplementing any national primary or secondary
ambient air quality standards for ozone under section 109 of the Clean
Air Act (42 U.S.C. 7409), the Administrator of the Environmental
Protection Agency shall take into consideration feasibility and cost.
SEC. 207. FUEL REQUIREMENTS WAIVER AND STUDY.
(a) Waiver of Fuel Requirements.--Section 211(c)(4)(C) of the Clean
Air Act (42 U.S.C. 7545(c)(4)(C)) is amended--
(1) in clause (ii)(II), by inserting ``a problem with
distribution or delivery equipment necessary for the
transportation or delivery of fuel or fuel additives,'' after
``equipment failure,'';
(2) in clause (iii)(II), by inserting before the semicolon
at the end the following: ``(except that the Administrator may
extend the effectiveness of a waiver for more than 20 days if
the Administrator determines that the conditions under clause
(ii) supporting a waiver determination will exist for more than
20 days)'';
(3) by redesignating the second clause (v) (relating to the
authority of the Administrator to approve certain State
implementation plans) as clause (vi); and
(4) by adding at the end the following:
``(vii) Presumptive Approval.--Notwithstanding any other provision
of this subparagraph, if the Administrator does not approve or deny a
request for a waiver under this subparagraph within 3 days after
receipt of the request, the request shall be deemed to be approved as
received by the Administrator and the applicable fuel standards shall
be deemed to be waived for the period of time requested.''.
(b) Fuel System Requirements Harmonization Study.--Section 1509 of
the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1083) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by inserting ``biofuels,''
after ``oxygenated fuel,''; and
(B) in paragraph (2)--
(i) in subparagraph (B)--
(I) by redesignating clause (ii) as
clause (iii);
(II) in clause (i), by striking
``and'' after the semicolon; and
(III) by inserting after clause (i)
the following:
``(ii) the renewable fuel standard; and'';
and
(ii) in subparagraph (G), by inserting ``or
Tier III'' after ``Tier II''; and
(2) in subsection (b)(1), by striking ``2008'' and
inserting ``2014''.
TITLE III--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION
STRATEGY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Planning for American Energy Act
of 2012''.
SEC. 302. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.
The Mineral Leasing Act is amended--
(1) by redesignating section 44 (30 U.S.C. 181 note) as
section 45; and
(2) by inserting after section 43 (30 U.S.C. 226-3) the
following:
``SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION
STRATEGY.
``(a) Definitions.--In this section:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(2) Strategic and critical energy minerals.--The term
`strategic and critical energy minerals' means--
``(A) minerals that are necessary for the energy
infrastructure of the United States, including
pipelines, refining capacity, electrical power
generation and transmission, and renewable energy
production; and
``(B) minerals that are necessary to support
domestic manufacturing, including materials used in
energy generation, production, and transportation.
``(3) Strategy.--The term `Strategy' means the Quadrennial
Federal Onshore Energy Production Strategy required under this
section.
``(b) Strategy.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Agriculture with regard to land administered by
the Forest Service, shall develop and publish every 4 years a
Quadrennial Federal Onshore Energy Production Strategy.
``(2) Energy security.--The Strategy shall direct Federal
land energy development and department resource allocation to
promote the energy security of the United States.
``(c) Purposes.--
``(1) In general.--In developing a Strategy, the Secretary
shall consult with the Administrator of the Energy Information
Administration on--
``(A) the projected energy demands of the United
States for the 30-year period beginning on the date of
initiation of the Strategy; and
``(B) how energy derived from Federal onshore land
can place the United States on a trajectory to meet
that demand during the 4-year period beginning on the
date of initiation of the Strategy.
``(2) Energy security.--The Secretary shall consider how
Federal land will contribute to ensuring national energy
security, with a goal of increasing energy independence and
production, during the 4-year period beginning on the date of
initiation of the Strategy.
``(d) Objectives.--The Secretary shall establish a domestic
strategic production objective for the development of energy resources
from Federal onshore land that is based on commercial and scientific
data relating to the expected increase in--
``(1) domestic production of oil and natural gas from the
Federal onshore mineral estate, with a focus on land held by
the Bureau of Land Management and the Forest Service;
``(2) domestic coal production from Federal land;
``(3) domestic production of strategic and critical energy
minerals from the Federal onshore mineral estate;
``(4) megawatts for electricity production from each of
wind, solar, biomass, hydropower, and geothermal energy
produced on Federal land administered by the Bureau of Land
Management and the Forest Service;
``(5) unconventional energy production, such as oil shale;
``(6) domestic production of oil, natural gas, coal, and
other renewable sources from tribal land for any federally
recognized Indian tribe that elects to participate in
facilitating energy production on the land of the Indian tribe;
and
``(7) domestic production of geothermal, solar, wind, or
other renewable energy sources on land defined as available
lands under section 203 of the Hawaiian Homes Commission Act,
1920 (42 Stat. 109, chapter 42), and any other land considered
by the Territory or State of Hawaii, as the case may be, to be
available lands.
``(e) Methodology.--The Secretary shall consult with the
Administrator of the Energy Information Administration regarding the
methodology used to arrive at the estimates made by the Secretary to
carry out this section.
``(f) Expansion of Plan.--The Secretary may expand a Strategy to
include other energy production technology sources or advancements in
energy production on Federal land.
``(g) Tribal Objectives.--
``(1) In general.--It is the sense of Congress that
federally recognized Indian tribes may elect to set the
production objectives of the Indian tribes as part of a
Strategy under this section.
``(2) Cooperation.--The Secretary shall work in cooperation
with any federally recognized Indian tribe that elects to
participate in achieving the strategic energy objectives of the
Indian tribe under this subsection.
``(h) Execution of Strategy.--
``(1) Definition of secretary concerned.--In this
subsection, the term `Secretary concerned' means--
``(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
``(B) the Secretary of the Interior, with respect
to land managed by the Bureau of Land Management
(including land held for the benefit of an Indian
tribe).
``(2) Additional land.--The Secretary concerned may make
determinations regarding which additional land under the
jurisdiction of the Secretary concerned will be made available
in order to meet the energy production objectives established
by a Strategy.
``(3) Actions.--The Secretary concerned shall take all
necessary actions to achieve the energy production objectives
established under this section unless the President determines
that it is not in the national security and economic interests
of the United States--
``(A) to increase Federal domestic energy
production; and
``(B) to decrease dependence on foreign sources of
energy.
``(4) Leasing.--In carrying out this subsection, the
Secretary concerned shall only consider leasing Federal land
available for leasing at the time the lease sale occurs.
``(i) State, Federally Recognized Indian Tribes, Local Government,
and Public Input.--In developing a Strategy, the Secretary shall
solicit the input of affected States, federally recognized Indian
tribes, local governments, and the public.
``(j) Annual Reports.--
``(1) In general.--The Secretary shall submit to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
an annual report describing the progress made in meeting the
production goals of a Strategy.
``(2) Contents.--In a report required under this
subsection, the Secretary shall--
``(A) make projections for production and capacity
installations;
``(B) describe any problems with leasing,
permitting, siting, or production that will prevent
meeting the production goals of a Strategy; and
``(C) make recommendations to help meet any
shortfalls in meeting the production goals.
``(k) Programmatic Environmental Impact Statement.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, in accordance with section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic
environmental impact statement for carrying out this section.
``(2) Compliance.--The programmatic environmental impact
statement shall be considered sufficient to comply with all
requirements under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for all necessary resource
management and land use plans associated with the
implementation of a Strategy.
``(l) Congressional Review.--
``(1) In general.--Not later than 60 days before publishing
a proposed Strategy under this section, the Secretary shall
submit to Congress and the President the proposed Strategy,
together with any comments received from States, federally
recognized Indian tribes, and local governments.
``(2) Recommendations.--The submission shall indicate why
any specific recommendation of a State, federally recognized
Indian tribe, or local government was not accepted.
``(m) Administration.--Nothing in this section modifies or affects
any multiuse plan.
``(n) First Strategy.--Not later than 18 months after the date of
enactment of this subsection, the Secretary shall submit to Congress
the first Strategy.''.
TITLE IV--ONSHORE OIL AND GAS LEASING CERTAINTY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Providing Leasing Certainty for
American Energy Act of 2012''.
SEC. 402. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended--
(1) by striking ``Sec. 17. (a) All lands'' and inserting
the following:
``SEC. 17. LEASE OF OIL AND GAS LAND.
``(a) Authority.--
``(1) In general.--All land''; and
(2) in subsection (a) (as amended by paragraph (1)), by
adding at the end the following:
``(2) Minimum acreage requirement for onshore lease
sales.--
``(A) In general.--In conducting lease sales under
this section, each year, the Secretary shall offer for
sale not less than 25 percent of the annual nominated
acreage not previously made available for lease.
``(B) Review.--The offering of acreage offered for
lease under this paragraph shall not be subject to
review.
``(C) Categorical exclusions.--Acreage offered for
lease under this paragraph shall be eligible for
categorical exclusions under section 390 of the Energy
Policy Act of 2005 (42 U.S.C. 15942), except that
extraordinary circumstances shall not be required for a
categorical exclusion under this paragraph.
``(D) Leasing.--In carrying out this subsection,
the Secretary shall only consider leasing of Federal
land that is available for leasing at the time the
lease sale occurs.''.
SEC. 403. LEASING CERTAINTY AND CONSISTENCY.
Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) (as
amended by section 402) is amended by adding at the end the following:
``(3) Leasing certainty.--
``(A) In general.--The Secretary shall not withdraw
approval of any covered energy project involving a
lease under this Act without finding a violation of the
terms of the lease by the lessee.
``(B) Delay.--The Secretary shall not infringe on
lease rights under leases issued under this Act by
indefinitely delaying issuance of project approvals,
drilling and seismic permits, and rights-of-way for
activities under a lease.
``(C) Availability of nominated areas.--Not later
than 18 months after an area is designated as open
under the applicable land use plan, the Secretary shall
make available nominated areas for lease under
paragraph (2).
``(D) Issuance of leases.--Notwithstanding any
other provision of law, the Secretary shall issue all
leases sold under this Act not later than 60 days after
the last payment is made.
``(E) Cancellation or withdrawal of lease
parcels.--The Secretary shall not cancel or withdraw
any lease parcel after a competitive lease sale has
occurred and a winning bidder has submitted the last
payment for the parcel.
``(F) Appeals.--
``(i) In general.--The Secretary shall
complete the review of any appeal of a lease
sale under this Act not later than 60 days
after the receipt of the appeal.
``(ii) Constructive approval.--If the
review of an appeal is not conducted in
accordance with clause (i), the appeal shall be
considered approved.
``(G) Additional stipulations.--The Secretary may
not add any additional lease stipulation for a parcel
after the parcel is sold unless the Secretary--
``(i) consults with the lessee and obtains
the approval of the lessee; or
``(ii) determines that the stipulation is
an emergency action that is necessary to
conserve the resources of the United States.
``(4) Leasing consistency.--A Federal land manager shall
comply with applicable resource management plans and continue
to actively lease in areas designated as open when resource
management plans are being amended or revised, until a new
record of decision is signed.''.
SEC. 404. REDUCTION OF REDUNDANT POLICIES.
Bureau of Land Management Instruction Memorandum 2010-117 shall
have no force or effect.
TITLE V--STREAMLINED ENERGY PERMITTING
SEC. 501. SHORT TITLE.
This title may be cited as the ``Streamlining Permitting of
American Energy Act of 2012''.
Subtitle A--Application for Permits to Drill Process Reform
SEC. 511. PERMIT TO DRILL APPLICATION TIMELINE.
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is
amended by striking paragraph (2) and inserting the following:
``(2) Applications for permits to drill reform and
process.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall decide whether to issue a permit to
drill not later than 30 days after the date on which
the application for the permit is received by the
Secretary.
``(B) Extensions.--
``(i) In general.--The Secretary may extend
the period described in subparagraph (A) for up
to 2 periods of 15 days each, if the Secretary
gives written notice of the delay to the
applicant.
``(ii) Notice.--The notice shall--
``(I) be in the form of a letter
from the Secretary or a designee of the
Secretary; and
``(II) include--
``(aa) the names and
positions of the persons
processing the application;
``(bb) the specific reasons
for the delay; and
``(cc) a specific date on
which a final decision on the
application is expected.
``(C) Notice of reasons for denial.--If the
application is denied, the Secretary shall provide the
applicant--
``(i) a written notice that provides--
``(I) clear and comprehensive
reasons why the application was not
accepted; and
``(II) detailed information
concerning any deficiencies; and
``(ii) an opportunity to remedy any
deficiencies.
``(D) Application considered approved.--If the
Secretary has not made a decision on the application by
the end of the 60-day period beginning on the date the
application for the permit is received by the
Secretary, the application shall be considered approved
unless applicable reviews under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) are incomplete.
``(E) Denial of permit.--If the Secretary decides
not to issue a permit to drill under this paragraph,
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.
``(F) Fee.--
``(i) In general.--Subject to clauses (ii)
and (iii) and notwithstanding any other
provision of law, the Secretary shall collect a
single $6,500 permit processing fee per
application from each applicant at the time the
final decision is made whether to issue a
permit under this paragraph.
``(ii) Resubmitted applications.--The fee
described in clause (i) shall not apply to any
resubmitted application.
``(iii) Treatment of permit processing
fee.--Subject to appropriation, of all fees
collected under this paragraph, 50 percent
shall be transferred to the field office where
the fees are collected and used to process
leases, permits, and appeals under this Act.''.
SEC. 512. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.
Notwithstanding any other provision of law, each fiscal year, of
fees collected as annual wind energy and solar energy right-of-way
authorization fees required under section 504(g) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1764(g)), 50 percent shall
be retained by the Secretary of the Interior to be used, subject to
appropriation--
(1) by the Bureau of Land Management to process permits,
right-of-way applications, and other activities necessary for
renewable development; and
(2) at the option of the Secretary of the Interior, by the
United States Fish and Wildlife Service or other Federal
agencies involved in wind and solar permitting reviews to
facilitate the processing of wind energy and solar energy
permit applications on Bureau of Land Management land.
Subtitle B--Administrative Appeal Documentation Reform
SEC. 521. ADMINISTRATIVE APPEAL DOCUMENTATION REFORM.
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is
amended by adding at the end the following:
``(4) Appeal fee.--
``(A) In general.--The Secretary shall collect a
$5,000 documentation fee to accompany each appeal of an
action on a lease, right-of-way, or application for
permit to drill.
``(B) Treatment of fees.--Subject to appropriation,
of all fees collected under this paragraph, 50 percent
shall remain in the field office where the fees are
collected and used to process appeals.''.
Subtitle C--Permit Streamlining
SEC. 531. FEDERAL ENERGY PERMIT COORDINATION.
(a) Definitions.--In this section:
(1) Energy projects.--The term ``energy projects'' means
oil, coal, natural gas, and renewable energy projects.
(2) Project.--The term ``Project'' means the Federal Permit
Streamlining Project established under subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Establishment.--The Secretary shall establish a Federal Permit
Streamlining Project in each Bureau of Land Management field office
with responsibility for issuing permits for energy projects on Federal
land.
(c) 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 to carry out this section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Secretary of the Army, acting through the
Chief of Engineers.
(2) State participation.--The Secretary may request the
Governor of any State with energy projects on Federal land to
be a signatory to the memorandum of understanding.
(d) 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
(c), all Federal signatory parties shall, if appropriate,
assign to each of the Bureau of Land Management field offices
an employee who has expertise in the regulatory issues relating
to the office in which the employee is employed, including, as
applicable, particular expertise in--
(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
home office of the employee; and
(C) participate as part of the team of personnel
working on proposed energy projects, planning, and
environmental analyses on Federal land.
(e) Additional Personnel.--The Secretary shall assign to each
Bureau of Land Management field office identified under subsection (b)
any additional personnel that are necessary to ensure the effective
approval and implementation of energy projects administered by the
Bureau of Land Management field offices, including inspection and
enforcement relating to energy development on Federal land, in
accordance with the multiple-use requirements of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(f) Funding.--Funding for the additional personnel shall be derived
from the Department of the Interior reforms made by sections 511, 512,
and 521 and the amendments made by those sections.
(g) 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.
SEC. 532. ADMINISTRATION OF CURRENT LAW.
Notwithstanding any other provision of law, the Secretary of the
Interior shall not require a finding of extraordinary circumstances in
administering section 390 of the Energy Policy Act of 2005 (42 U.S.C.
15942).
SEC. 533. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.
(a) Congressional Intent.--It is the intent of Congress that--
(1) this title will support a healthy and growing United
States domestic energy sector that, in turn, helps to
reinvigorate American manufacturing, transportation, and
service sectors by employing the vast talents of United States
workers to assist in the development of energy from domestic
sources; and
(2) Congress will monitor the deployment of personnel and
material onshore under this title to encourage the development
of American technology and manufacturing to enable United
States workers to benefit from this title through good jobs and
careers, as well as the establishment of important industrial
facilities to support expanded access to American energy
resources.
(b) Requirement.--The Secretary of the Interior shall, when
possible and practicable, encourage the use of United States workers
and equipment manufactured in the United States in all construction
related to mineral resource development under this title.
Subtitle D--Judicial Review
SEC. 541. DEFINITIONS.
In this title:
(1) Covered civil action.--The term ``covered civil
action'' means a civil action containing a claim under section
702 of title 5, United States Code, regarding agency action (as
defined for the purposes of that section) affecting a covered
energy project on Federal land.
(2) Covered energy project.--
(A) In general.--The term ``covered energy
project'' means the leasing of Federal land of the
United States for the exploration, development,
production, processing, or transmission of oil, natural
gas, wind, or any other source of energy, and any
action under such a lease.
(B) Exclusion.--The term ``covered energy project''
does not include any disputes between the parties to a
lease regarding the obligations under the lease,
including regarding any alleged breach of the lease.
SEC. 542. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED
ENERGY PROJECTS.
Venue for any covered civil action shall lie in the United States
district court for the district in which the project or leases exist or
are proposed.
SEC. 543. TIMELY FILING.
To ensure timely redress by the courts, a covered civil action
shall be filed not later than 90 days after the date of the final
Federal agency action to which the covered civil action relates.
SEC. 544. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
A court shall endeavor to hear and determine any covered civil
action as expeditiously as practicable.
SEC. 545. STANDARD OF REVIEW.
In any judicial review of a covered civil action--
(1) administrative findings and conclusions relating to the
challenged Federal action or decision shall be presumed to be
correct; and
(2) the presumption may be rebutted only by the
preponderance of the evidence contained in the administrative
record.
SEC. 546. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.
(a) In General.--In a covered civil action, a court shall not grant
or approve any prospective relief unless the court finds that the
relief--
(1) is narrowly drawn;
(2) extends no further than necessary to correct the
violation of a legal requirement; and
(3) is the least intrusive means necessary to correct the
violation.
(b) Preliminary Injunctions.--
(1) In general.--A court shall limit the duration of a
preliminary injunction to halt a covered energy project to not
more than 60 days, unless the court finds clear reasons to
extend the injunction.
(2) Extensions.--Extensions under paragraph (1) shall--
(A) only be in 30-day increments; and
(B) require action by the court to renew the
injunction.
SEC. 547. LIMITATION ON ATTORNEYS' FEES.
(a) In General.--Sections 504 of title 5 and 2412 of title 28,
United States Code (commonly known as the ``Equal Access to Justice
Act''), shall not apply to a covered civil action.
(b) Attorney's Fees and Court Costs.--A party in a covered civil
action shall not receive payment from the Federal Government for
attorney's fees, expenses, or other court costs.
SEC. 548. LEGAL STANDING.
A challenger filing an appeal with the Interior Board of Land
Appeals shall meet the same standing requirements as a challenger
before a United States district court.
TITLE VI--EXPEDITIOUS OIL AND GAS LEASING PROGRAM IN NATIONAL PETROLEUM
RESERVE IN ALASKA
SEC. 601. SHORT TITLE.
This title may be cited as the ``National Petroleum Reserve Alaska
Access Act''.
SEC. 602. SENSE OF CONGRESS REAFFIRMING NATIONAL POLICY REGARDING
NATIONAL PETROLEUM RESERVE IN ALASKA.
It is the sense of Congress that--
(1) the National Petroleum Reserve in the State of Alaska
(referred to in this title as the ``Reserve'') remains
explicitly designated, both in name and legal status, for
purposes of providing oil and natural gas resources to the
United States; 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. 603. COMPETITIVE LEASING OF OIL AND GAS.
Section 107 of the Naval Petroleum Reserves Production Act of 1976
(42 U.S.C. 6506a) is amended by striking subsection (a) and inserting
the following:
``(a) Competitive Leasing.--
``(1) In general.--The Secretary shall conduct an
expeditious program of competitive leasing of oil and gas in
the Reserve in accordance with this Act.
``(2) Inclusions.--The program under this subsection shall
include at least 1 lease sale annually in each area of the
Reserve that is most likely to produce commercial quantities of
oil and natural gas for each of calendar years 2011 through
2021.''.
SEC. 604. PLANNING AND PERMITTING PIPELINE AND ROAD CONSTRUCTION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Interior, in consultation with the Secretary of
Transportation, shall facilitate and ensure permits, in an
environmentally responsible manner, for all surface development
activities, including for the construction of pipelines and roads,
necessary--
(1) to develop and bring into production any areas within
the Reserve that are subject to oil and gas leases; and
(2) to transport oil and gas from and through the Reserve
to existing transportation or processing infrastructure on the
North Slope of Alaska.
(b) Timelines.--The Secretary shall ensure that any Federal
permitting agency shall issue permits in accordance with the following
timelines:
(1) Existing leases.--Each permit for construction relating
to the transportation of oil and natural gas produced under
existing Federal oil and gas leases with respect to which the
Secretary of the Interior has issued a permit to drill shall be
approved by not later than 60 days after the date of enactment
of this Act.
(2) Requested permits.--Each permit for construction for
transportation of oil and natural gas produced under Federal
oil and gas leases shall be approved by not later than 180 days
after the date of submission to the Secretary of a request for
a permit to drill.
(c) Plan.--To ensure timely future development of the Reserve, not
later than 270 days after the date of enactment of this Act, the
Secretary of the Interior shall submit to Congress a plan for approved
rights-of-way for a plan for pipeline, road, and any other surface
infrastructure that may be necessary infrastructure to ensure that all
leasable tracts in the Reserve are located within 25 miles of an
approved road and pipeline right-of-way that can serve future
development of the Reserve.
SEC. 605. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall promulgate
regulations to establish clear requirements to ensure that the
Department of the Interior is supporting development of oil and gas
leases in the Reserve.
(b) Deadlines.--At a minimum, the regulations promulgated pursuant
to this section shall--
(1) require the Secretary of the Interior to respond,
acknowledging receipt of any permit application for
development, by not later than 5 business days after the date
of receipt of the application; and
(2) establish a timeline for the processing of each such
application that--
(A) specifies deadlines for decisions and actions
regarding permit applications; and
(B) provides that the period for issuing each
permit after the date of submission of the application
shall not exceed 60 days, absent the concurrence of the
applicant.
(c) Actions Required for Failure To Comply With Deadlines.--If the
Secretary of the Interior fails to comply with any deadline described
in subsection (b) with respect to a permit application, the Secretary
shall notify the applicant not less frequently than once every 5 days
with specific information regarding--
(1) the reasons for the permit delay;
(2) the name of each specific office of the Department of
the Interior responsible for--
(A) issuing the permit; or
(B) monitoring the permit delay; and
(3) an estimate of the date on which the permit will be
issued.
(d) Additional Infrastructure.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the Interior, after
consultation with the State of Alaska and after providing notice and an
opportunity for public comment, shall approve right-of-way corridors
for the construction of 2 separate additional bridges and pipeline
rights-of-way to help facilitate timely oil and gas development of the
Reserve.
SEC. 606. UPDATED RESOURCE ASSESSMENT.
(a) In General.--The Secretary of the Interior shall complete a
comprehensive assessment of all technically recoverable fossil fuel
resources within the Reserve, including all conventional and
unconventional oil and natural gas.
(b) Cooperation and Consultation.--The resource assessment under
subsection (a) shall be carried out by the United States Geological
Survey in cooperation and consultation with the State of Alaska and the
American Association of Petroleum Geologists.
(c) Timing.--The resource assessment under subsection (a) shall be
completed by not later than 2 years after the date of enactment of this
Act.
(d) Funding.--In carrying out this section, the United States
Geological Survey may cooperatively use resources and funds provided by
the State of Alaska.
SEC. 607. COLVILLE RIVER DELTA DESIGNATION.
The designation by the Environmental Protection Agency of the
Colville River Delta as an aquatic resource of national importance
shall have no force or effect on this title or an amendment made by
this title.
TITLE VII--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES
SEC. 701. SHORT TITLE.
This title may be cited as the ``BLM Live Internet Auctions Act''.
SEC. 702. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES.
(a) Authorization.--Section 17(b)(1) of the Mineral Leasing Act (30
U.S.C. 226(b)(1)) is amended--
(1) in subparagraph (A), in the third sentence, by striking
``Lease sales'' and inserting ``Except as provided in
subparagraph (C), lease sales''; and
(2) by adding at the end the following:
``(C) In order to diversify and expand the United States onshore
leasing program to ensure the best return to Federal taxpayers, to
reduce fraud, and to secure the leasing process, the Secretary may
conduct onshore lease sales through Internet-based bidding methods,
each of which shall be completed by not later than 7 days after the
date of initiation of the sale.''.
(b) Report.--Not later than 90 days after the tenth Internet-based
lease sale conducted pursuant to subparagraph (C) of section 17(b)(1)
of the Mineral Leasing Act (30 U.S.C. 226(b)(1)) (as added by
subsection (a)), the Secretary of the Interior shall conduct, and
submit to Congress a report describing the results of, an analysis of
the first 10 such lease sales, including--
(1) estimates of increases or decreases in the lease sales,
as compared to sales conducted by oral bidding, in--
(A) the number of bidders;
(B) the average amount of the bids;
(C) the highest amount of the bids; and
(D) the lowest amount of the bids;
(2) an estimate on the total cost or savings to the
Department of the Interior as a result of the sales, as
compared to sales conducted by oral bidding; and
(3) an evaluation of the demonstrated or expected
effectiveness of different structures for lease sales, which
may--
(A) provide an opportunity to better maximize
bidder participation;
(B) ensure the highest return to Federal taxpayers;
(C) minimize opportunities for fraud or collusion;
and
(D) ensure the security and integrity of the
leasing process.
TITLE VIII--ADVANCING OFFSHORE WIND PRODUCTION
SEC. 801. SHORT TITLE.
This title may be cited at the ``Advancing Offshore Wind Production
Act''.
SEC. 802. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS.
(a) Definition of Offshore Meteorological Site Testing and
Monitoring Project.--In this section, the term ``offshore
meteorological site testing and monitoring project'' means a project
carried out on or in the waters of the outer Continental Shelf (as
defined in section 2 of the Outer Continental Shelf Lands Act (43
U.S.C. 1331)) and administered by the Department of the Interior to
test or monitor weather (including energy provided by weather, such as
wind, tidal, current, and solar energy) using towers, buoys, or other
temporary ocean infrastructure, that--
(1) causes--
(A) less than 1 acre of surface or seafloor
disruption at the location of each meteorological tower
or other device; and
(B) not more than 5 acres of surface or seafloor
disruption within the proposed area affected by the
project (including hazards to navigation);
(2) is decommissioned not more than 5 years after the date
of commencement of the project, including--
(A) removal of towers, buoys, or other temporary
ocean infrastructure from the project site; and
(B) restoration of the project site to
approximately the original condition of the site; and
(3) provides meteorological information obtained by the
project to the Secretary of the Interior.
(b) Offshore Meteorological Project Permitting.--
(1) In general.--The Secretary of the Interior shall
require, by regulation, that any applicant seeking to conduct
an offshore meteorological site testing and monitoring project
shall obtain a permit and right-of-way for the project in
accordance with this subsection.
(2) Permit and right-of-way timeline and conditions.--
(A) Deadline for approval.--The Secretary shall
decide whether to issue a permit and right-of-way for
an offshore meteorological site testing and monitoring
project by not later than 30 days after the date of
receipt of a relevant application.
(B) Public comment and consultation.--During the
30-day period referred to in subparagraph (A) with
respect to an application for a permit and right-of-way
under this subsection, the Secretary shall--
(i) provide an opportunity for submission
of comments regarding the application by the
public; and
(ii) consult with the Secretary of Defense,
the Commandant of the Coast Guard, and the
heads of other Federal, State, and local
agencies that would be affected by the issuance
of the permit and right-of-way.
(C) Denial of permit; opportunity to remedy
deficiencies.--If an application is denied under this
subsection, the Secretary shall provide to the
applicant--
(i) in writing--
(I) a list of clear and
comprehensive reasons why the
application was denied; and
(II) detailed information
concerning any deficiencies in the
application; and
(ii) an opportunity to remedy those
deficiencies.
(c) NEPA Exclusion.--Section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply
with respect to an offshore meteorological site testing and monitoring
project.
(d) Protection of Information.--Any information provided to the
Secretary of the Interior under subsection (a)(3) shall be--
(1) treated by the Secretary as proprietary information;
and
(2) protected against disclosure.
TITLE IX--CRITICAL MINERALS
SEC. 901. DEFINITIONS.
In this title:
(1) Applicable committees.--The term ``applicable
committees'' means--
(A) the Committee on Energy and Natural Resources
of the Senate;
(B) the Committee on Natural Resources of the House
of Representatives;
(C) the Committee on Energy and Commerce of the
House of Representatives; and
(D) the Committee on Science, Space, and Technology
of the House of Representatives.
(2) Clean energy technology.--The term ``clean energy
technology'' means a technology related to the production, use,
transmission, storage, control, or conservation of energy
that--
(A) reduces the need for additional energy supplies
by using existing energy supplies with greater
efficiency or by transmitting, distributing, storing,
or transporting energy with greater effectiveness in or
through the infrastructure of the United States;
(B) diversifies the sources of energy supply of the
United States to strengthen energy security and to
increase supplies with a favorable balance of
environmental effects if the entire technology system
is considered; or
(C) contributes to a stabilization of atmospheric
greenhouse gas concentrations through reduction,
avoidance, or sequestration of energy-related
greenhouse gas emissions.
(3) Critical mineral.--
(A) In general.--The term ``critical mineral''
means any mineral designated as a critical mineral
pursuant to section 902.
(B) Exclusions.--The term ``critical mineral'' does
not include coal, oil, natural gas, or any other fossil
fuels.
(4) Critical mineral manufacturing.--The term ``critical
mineral manufacturing'' means--
(A) the production, processing, refining, alloying,
separation, concentration, magnetic sintering, melting,
or beneficiation of critical minerals within the United
States;
(B) the fabrication, assembly, or production,
within the United States, of clean energy technologies
(including technologies related to wind, solar, and
geothermal energy, efficient lighting, electrical
superconducting materials, permanent magnet motors,
batteries, and other energy storage devices), military
equipment, and consumer electronics, or components
necessary for applications; or
(C) any other value-added, manufacturing-related
use of critical minerals undertaken within the United
States.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(6) Military equipment.--The term ``military equipment''
means equipment used directly by the Armed Forces to carry out
military operations.
(7) Rare earth element.--
(A) In general.--The term ``rare earth element''
means the chemical elements in the periodic table from
lanthanum (atomic number 57) up to and including
lutetium (atomic number 71).
(B) Inclusions.--The term ``rare earth element''
includes the similar chemical elements yttrium (atomic
number 39) and scandium (atomic number 21).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior--
(A) acting through the Director of the United
States Geological Survey; and
(B) in consultation with (as appropriate)--
(i) the Secretary of Energy;
(ii) the Secretary of Defense;
(iii) the Secretary of Commerce;
(iv) the Secretary of State;
(v) the Secretary of Agriculture;
(vi) the United States Trade
Representative; and
(vii) the heads of other applicable Federal
agencies.
(9) State.--The term ``State'' means--
(A) a State;
(B) the Commonwealth of Puerto Rico; and
(C) any other territory or possession of the United
States.
(10) Value-added.--The term ``value-added'' means, with
respect to an activity, an activity that changes the form, fit,
or function of a product, service, raw material, or physical
good so that the resultant market price is greater than the
cost of making the changes.
(11) Working group.--The term ``Working Group'' means the
Critical Minerals Working Group established under section
905(a).
SEC. 902. DESIGNATIONS.
(a) Draft Methodology.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall publish in the Federal
Register for public comment a draft methodology for determining which
minerals qualify as critical minerals based on an assessment of whether
the minerals are--
(1) subject to potential supply restrictions (including
restrictions associated with foreign political risk, abrupt
demand growth, military conflict, and anti-competitive or
protectionist behaviors); and
(2) important in use (including clean energy technology-,
defense-, agriculture-, and health care-related applications).
(b) Availability of Data.--If available data is insufficient to
provide a quantitative basis for the methodology developed under this
section, qualitative evidence may be used.
(c) Final Methodology.--After reviewing public comments on the
draft methodology under subsection (a) and updating the draft
methodology as appropriate, the Secretary shall enter into an
arrangement with the National Academy of Sciences and the National
Academy of Engineering to obtain, not later than 120 days after the
date of enactment of this Act--
(1) a review of the methodology; and
(2) recommendations for improving the methodology.
(d) Final Methodology.--After reviewing the recommendations under
subsection (c), not later than 150 days after the date of enactment of
this Act, the Secretary shall publish in the Federal Register a
description of the final methodology for determining which minerals
qualify as critical minerals.
(e) Designations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish in the Federal
Register a list of minerals designated as critical, pursuant to the
final methodology under subsection (d), for purposes of carrying out
this title.
(f) Subsequent Review.--The methodology and designations developed
under subsections (d) and (e) shall be updated at least every 5 years,
or in more regular intervals if considered appropriate by the
Secretary.
(g) Notice.--On finalization of the methodology under subsection
(d), the list under subsection (e), or any update to the list under
subsection (f), the Secretary shall submit to the applicable committees
written notice of the action.
SEC. 903. POLICY.
(a) Policy.--It is the policy of the United States to promote an
adequate, reliable, domestic, and stable supply of critical minerals,
produced in an environmentally responsible manner, in order to
strengthen and sustain the economic security, and the manufacturing,
industrial, energy, technological, and competitive stature, of the
United States.
(b) Coordination.--The President, acting through the Executive
Office of the President, shall coordinate the actions of Federal
agencies under this and other Acts--
(1) to encourage Federal agencies to facilitate the
availability, development, and environmentally responsible
production of domestic resources to meet national critical
minerals needs;
(2) to minimize duplication, needless paperwork, and delays
in the administration of applicable laws (including
regulations) and the issuance of permits and authorizations
necessary to explore for, develop, and produce critical
minerals and to construct and operate critical mineral
manufacturing facilities in an environmentally responsible
manner;
(3) to promote the development of economically stable and
environmentally responsible domestic critical mineral
production and manufacturing;
(4) to establish an analytical and forecasting capability
for identifying critical mineral demand, supply, and other
market dynamics relevant to policy formulation so that informed
actions may be taken to avoid supply shortages, mitigate price
volatility, and prepare for demand growth and other market
shifts;
(5) to strengthen educational and research capabilities and
workforce training;
(6) to bolster international cooperation through technology
transfer, information sharing, and other means;
(7) to promote the efficient production, use, and recycling
of critical minerals;
(8) to develop alternatives to critical minerals; and
(9) to establish contingencies for the production of, or
access to, critical minerals for which viable sources do not
exist within the United States.
SEC. 904. RESOURCE ASSESSMENT.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, in consultation with applicable State (including
geological surveys), local, academic, industry, and other entities, the
Secretary shall complete a comprehensive national assessment of each
critical mineral that--
(1) identifies and quantifies known critical mineral
resources, using all available public and private information
and datasets, including exploration histories;
(2) estimates the cost of production of the critical
mineral resources identified and quantified under this section,
using all available public and private information and
datasets, including exploration histories;
(3) provides a quantitative and qualitative assessment of
undiscovered critical mineral resources throughout the United
States, including probability estimates of tonnage and grade,
using all available public and private information and
datasets, including exploration histories;
(4) provides qualitative information on the environmental
attributes of the critical mineral resources identified under
this section; and
(5) pays particular attention to the identification and
quantification of critical mineral resources on Federal land
that is open to location and entry for exploration,
development, and other uses.
(b) Field Work.--If existing information and datasets prove
insufficient to complete the assessment under this section and there is
no reasonable opportunity to obtain the information and datasets from
nongovernmental entities, the Secretary may carry out field work
(including drilling, remote sensing, geophysical surveys, geological
mapping, and geochemical sampling and analysis) to supplement existing
information and datasets available for determining the existence of
critical minerals on--
(1) Federal land that is open to location and entry for
exploration, development, and other uses;
(2) tribal land, at the request and with the written
permission of the Indian tribe with jurisdiction over the land;
and
(3) State land, at the request and with the written
permission of the Governor of the State.
(c) Technical Assistance.--At the request of the Governor of a
State or an Indian tribe, the Secretary may provide technical
assistance to State governments and Indian tribes conducting critical
mineral resource assessments on non-Federal land.
(d) Financial Assistance.--The Secretary may make grants to State
governments, or Indian tribes and economic development entities of
Indian tribes, to cover the costs associated with assessments of
critical mineral resources on State or tribal land, as applicable.
(e) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary shall submit to the applicable committees a
report describing the results of the assessment conducted under this
section.
(f) Prioritization.--
(1) In general.--The Secretary may sequence the completion
of resource assessments for each critical mineral such that
critical materials considered to be most critical under the
methodology established pursuant to section 902 are completed
first.
(2) Reporting.--If the Secretary sequences the completion
of resource assessments for each critical material, the
Secretary shall submit a report under subsection (e) on an
iterative basis over the 4-year period beginning on the date of
enactment of this Act.
(g) Updates.--The Secretary shall periodically update the
assessment conducted under this section based on--
(1) the generation of new information or datasets by the
Federal Government; or
(2) the receipt of new information or datasets from
critical mineral producers, State geological surveys, academic
institutions, trade associations, or other entities or
individuals.
SEC. 905. PERMITTING.
(a) Critical Minerals Working Group.--
(1) In general.--There is established within the Department
of the Interior a working group to be known as the ``Critical
Minerals Working Group'', which shall report to the President
and the applicable committees through the Secretary.
(2) Composition.--The Working Group shall be composed of
the following:
(A) The Secretary of the Interior (or a designee),
who shall serve as chair of the Working Group.
(B) A Presidential designee from the Executive
Office of the President, who shall serve as vice-chair
of the Working Group.
(C) The Secretary of Energy (or a designee).
(D) The Secretary of Agriculture (or a designee).
(E) The Secretary of Defense (or a designee).
(F) The Secretary of Commerce (or a designee).
(G) The Secretary of State (or a designee).
(H) The United States Trade Representative (or a
designee).
(I) The Administrator of the Environmental
Protection Agency (or a designee).
(J) The Chief of Engineers of the Corps of
Engineers (or a designee).
(b) Consultation.--The Working Group shall operate in consultation
with private sector, academic, and other applicable stakeholders with
experience related to--
(1) critical minerals exploration;
(2) critical minerals permitting;
(3) critical minerals production; and
(4) critical minerals manufacturing.
(c) Duties.--The Working Group shall--
(1) facilitate Federal agency efforts to optimize
efficiencies associated with the permitting of activities that
will increase exploration and development of domestic critical
minerals, while maintaining environmental standards;
(2) facilitate Federal agency review of laws (including
regulations) and policies that discourage investment in
exploration and development of domestic critical minerals;
(3) assess whether Federal policies adversely impact the
global competitiveness of the domestic critical minerals
exploration and development sector (including taxes, fees,
regulatory burdens, and access restrictions);
(4) evaluate the sufficiency of existing mechanisms for the
provision of tenure on Federal land and the role of the
mechanisms in attracting capital investment for the exploration
and development of domestic critical minerals; and
(5) generate such other information and take such other
actions as the Working Group considers appropriate to achieve
the policy described in section 903(a).
(d) Report.--Not later than 300 days after the date of enactment of
this Act, the Working Group shall submit to the applicable committees a
report that--
(1) describes the results of actions taken under subsection
(c);
(2) evaluates the amount of time typically required
(including the range derived from minimum and maximum
durations, mean, median, variance, and other statistical
measures or representations) to complete each step (including
those aspects outside the control of the executive branch of
the Federal Government, such as judicial review, applicant
decisions, or State and local government involvement)
associated with the processing of applications, operating
plans, leases, licenses, permits, and other use authorizations
for critical mineral-related activities on Federal land, which
shall serve as a baseline for the performance metric developed
and finalized under subsections (e) and (f), respectively;
(3) identifies measures (including regulatory changes and
legislative proposals) that would optimize efficiencies, while
maintaining environmental standards, associated with the
permitting of activities that will increase exploration and
development of domestic critical minerals; and
(4) identifies options (including cost recovery paid by
applicants) for ensuring adequate staffing of divisions, field
offices, or other entities responsible for the consideration of
applications, operating plans, leases, licenses, permits, and
other use authorizations for critical mineral-related
activities on Federal land.
(e) Draft Performance Metric.--Not later than 330 days after the
date of enactment of this Act, and on completion of the report required
under subsection (d), the Working Group shall publish in the Federal
Register for public comment a draft description of a performance metric
for evaluating the progress made by the executive branch of the Federal
Government on matters within the control of that branch towards
optimizing efficiencies, while maintaining environmental standards,
associated with the permitting of activities that will increase
exploration and development of domestic critical minerals.
(f) Final Performance Metric.--Not later than 1 year after the date
of enactment of this Act, and after consideration of any public
comments received under subsection (e), the Working Group shall publish
in the Federal Register a description of the final performance metric.
(g) Annual Report.--Not later than 2 years after the date of
enactment of this Act and annually thereafter, using the final
performance metric under subsection (f), the Working Group shall submit
to the applicable committees, as part of the budget request of the
Department of the Interior for each fiscal year, each report that--
(1) describes the progress made by the executive branch of
the Federal Government on matters within the control of that
branch towards optimizing efficiencies, while maintaining
environmental standards, associated with the permitting of
activities that will increase exploration and development of
domestic critical minerals; and
(2) compares the United States to other countries in terms
of permitting efficiency, environmental standards, and other
criteria relevant to a globally competitive economic sector.
(h) Report of Small Business Administration.--Not later than 300
days after the date of enactment of this Act, the Administrator of the
Small Business Administration shall submit to the applicable committees
a report that assesses the performance of Federal agencies in--
(1) complying with chapter 6 of title 5, United States Code
(commonly known as the ``Regulatory Flexibility Act''), in
promulgating regulations applicable to the critical minerals
industry; and
(2) performing an analysis of regulations applicable to the
critical minerals industry that may be outmoded, inefficient,
duplicative, or excessively burdensome.
(i) Judicial Review.--
(1) In general.--Nothing in this section affects any
judicial review of an agency action under any other provision
of law.
(2) Construction.--This section--
(A) is intended to improve the internal management
of the Federal Government; and
(B) does not create any right or benefit,
substantive or procedural, enforceable at law or equity
by a party against the United States (including an
agency, instrumentality, officer, or employee) or any
other person.
SEC. 906. RECYCLING AND ALTERNATIVES.
(a) Establishment.--The Secretary of Energy shall conduct a program
of research and development to promote the efficient production, use,
and recycling of, and alternatives to, critical minerals.
(b) Cooperation.--In carrying out the program, the Secretary of
Energy shall cooperate with appropriate--
(1) Federal agencies and National Laboratories;
(2) critical mineral producers;
(3) critical mineral manufacturers;
(4) trade associations;
(5) academic institutions;
(6) small businesses; and
(7) other relevant entities or individuals.
(c) Activities.--Under the program, the Secretary of Energy shall
carry out activities that include the identification and development
of--
(1) advanced critical mineral production or processing
technologies that decrease the environmental impact, and costs
of production, of such activities;
(2) techniques and practices that minimize or lead to more
efficient use of critical minerals;
(3) techniques and practices that facilitate the recycling
of critical minerals, including options for improving the rates
of collection of post-consumer products containing critical
minerals;
(4) commercial markets, advanced storage methods, energy
applications, and other beneficial uses of critical minerals
processing byproducts; and
(5) alternative minerals, metals, and materials,
particularly those available in abundance within the United
States and not subject to potential supply restrictions, that
lessen the need for critical minerals.
(d) Report.--Not later than 2 years after the date of enactment of
this Act and every 5 years thereafter, the Secretaries shall submit to
the applicable committees a report summarizing the activities,
findings, and progress of the program.
SEC. 907. ANALYSIS AND FORECASTING.
(a) Capabilities.--In order to evaluate existing critical mineral
policies and inform future actions that may be taken to avoid supply
shortages, mitigate price volatility, and prepare for demand growth and
other market shifts, the Secretary, in consultation with academic
institutions, the Energy Information Administration, and others in
order to maximize the application of existing competencies related to
developing and maintaining computer-models and similar analytical
tools, shall conduct and publish the results of an annual report that
includes--
(1) as part of the annually published Mineral Commodity
Summaries from the United States Geological Survey, a
comprehensive review of critical mineral production,
consumption, and recycling patterns, including--
(A) the quantity of each critical mineral
domestically produced during the preceding year;
(B) the quantity of each critical mineral
domestically consumed during the preceding year;
(C) market price data for each critical mineral;
(D) an assessment of--
(i) critical mineral requirements to meet
the national security, energy, economic,
industrial, technological, and other needs of
the United States during the preceding year;
(ii) the reliance of the United States on
foreign sources to meet those needs during the
preceding year; and
(iii) the implications of any supply
shortages, restrictions, or disruptions during
the preceding year;
(E) the quantity of each critical mineral
domestically recycled during the preceding year;
(F) the market penetration during the preceding
year of alternatives to each critical mineral;
(G) a discussion of applicable international trends
associated with the discovery, production, consumption,
use, costs of production, prices, and recycling of each
critical mineral as well as the development of
alternatives to critical minerals; and
(H) such other data, analyses, and evaluations as
the Secretary finds are necessary to achieve the
purposes of this section; and
(2) a comprehensive forecast, entitled the ``Annual
Critical Minerals Outlook'', of projected critical mineral
production, consumption, and recycling patterns, including--
(A) the quantity of each critical mineral projected
to be domestically produced over the subsequent 1-year,
5-year, and 10-year periods;
(B) the quantity of each critical mineral projected
to be domestically consumed over the subsequent 1-year,
5-year, and 10-year periods;
(C) market price projections for each critical
mineral, to the maximum extent practicable and based on
the best available information;
(D) an assessment of--
(i) critical mineral requirements to meet
projected national security, energy, economic,
industrial, technological, and other needs of
the United States;
(ii) the projected reliance of the United
States on foreign sources to meet those needs;
and
(iii) the projected implications of
potential supply shortages, restrictions, or
disruptions;
(E) the quantity of each critical mineral projected
to be domestically recycled over the subsequent 1-year,
5-year, and 10-year periods;
(F) the market penetration of alternatives to each
critical mineral projected to take place over the
subsequent 1-year, 5-year, and 10-year periods;
(G) a discussion of reasonably foreseeable
international trends associated with the discovery,
production, consumption, use, costs of production,
prices, and recycling of each critical mineral as well
as the development of alternatives to critical
minerals; and
(H) such other projections relating to each
critical mineral as the Secretary determines to be
necessary to achieve the purposes of this section.
(b) Proprietary Information.--In preparing a report described in
subsection (a), the Secretary shall ensure that--
(1) no person uses the information and data collected for
the report for a purpose other than the development of or
reporting of aggregate data in a manner such that the identity
of the person who supplied the information is not discernible
and is not material to the intended uses of the information;
(2) no person discloses any information or data collected
for the report unless the information or data has been
transformed into a statistical or aggregate form that does not
allow the identification of the person who supplied particular
information; and
(3) procedures are established to require the withholding
of any information or data collected for the report if the
Secretary determines that withholding is necessary to protect
proprietary information, including any trade secrets or other
confidential information.
SEC. 908. EDUCATION AND WORKFORCE.
(a) Workforce Assessment.--Not later than 300 days after the date
of enactment of this Act, the Secretary of Labor (in consultation with
the Secretary of the Interior, the Director of the National Science
Foundation, and employers in the critical minerals sector) shall submit
to Congress an assessment of the domestic availability of technically
trained personnel necessary for critical mineral assessment,
production, manufacturing, recycling, analysis, forecasting, education,
and research, including an analysis of--
(1) skills that are in the shortest supply as of the date
of the assessment;
(2) skills that are projected to be in short supply in the
future;
(3) the demographics of the critical minerals industry and
how the demographics will evolve under the influence of factors
such as an aging workforce;
(4) the effectiveness of training and education programs in
addressing skills shortages;
(5) opportunities to hire locally for new and existing
critical mineral activities;
(6) the sufficiency of personnel within relevant areas of
the Federal Government for achieving the policy described in
section 903(a); and
(7) the potential need for new training programs to have a
measurable effect on the supply of trained workers in the
critical minerals industry.
(b) Curriculum Study.--
(1) In general.--The Secretary and the Secretary of Labor
shall jointly enter into an arrangement with the National
Academy of Sciences and the National Academy of Engineering
under which the Academies shall coordinate with the National
Science Foundation on conducting a study--
(A) to design an interdisciplinary program on
critical minerals that will support the critical
mineral supply chain and improve the ability of the
United States to increase domestic, critical mineral
exploration, development, and manufacturing;
(B) to address undergraduate and graduate
education, especially to assist in the development of
graduate level programs of research and instruction
that lead to advanced degrees with an emphasis on the
critical mineral supply chain or other positions that
will increase domestic, critical mineral exploration,
development, and manufacturing;
(C) to develop guidelines for proposals from
institutions of higher education with substantial
capabilities in the required disciplines to improve the
critical mineral supply chain and advance the capacity
of the United States to increase domestic, critical
mineral exploration, development, and manufacturing;
and
(D) to outline criteria for evaluating performance
and recommendations for the amount of funding that will
be necessary to establish and carry out the grant
program described in subsection (c).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
description of the results of the study required under
paragraph (1).
(c) Grant Program.--
(1) Establishment.--The Secretary and the National Science
Foundation shall jointly conduct a competitive grant program
under which institutions of higher education may apply for and
receive 4-year grants for--
(A) startup costs for newly designated faculty
positions in integrated critical mineral education,
research, innovation, training, and workforce
development programs consistent with subsection (b);
(B) internships, scholarships, and fellowships for
students enrolled in critical mineral programs; and
(C) equipment necessary for integrated critical
mineral innovation, training, and workforce development
programs.
(2) Renewal.--A grant under this subsection shall be
renewable for up to 2 additional 3-year terms based on
performance criteria outlined under subsection (b)(1)(D).
SEC. 909. INTERNATIONAL COOPERATION.
(a) Establishment.--The Secretary of State, in coordination with
the Secretary, shall carry out a program to promote international
cooperation on critical mineral supply chain issues with allies of the
United States.
(b) Activities.--Under the program, the Secretary of State may work
with allies of the United States--
(1) to increase the global, responsible production of
critical minerals, if a determination is made by the Secretary
of State that there is no viable production capacity for the
critical minerals within the United States;
(2) to improve the efficiency and environmental performance
of extraction techniques;
(3) to increase the recycling of, and deployment of
alternatives to, critical minerals;
(4) to assist in the development and transfer of critical
mineral extraction, processing, and manufacturing technologies
that would have a beneficial impact on world commodity markets
and the environment;
(5) to strengthen and maintain intellectual property
protections; and
(6) to facilitate the collection of information necessary
for analyses and forecasts conducted pursuant to section 907.
SEC. 910. REPEAL, AUTHORIZATION, AND OFFSET.
(a) Repeal.--
(1) In general.--The National Critical Materials Act of
1984 (30 U.S.C. 1801 et seq.) is repealed.
(2) Conforming amendment.--Section 3(d) of the National
Superconductivity and Competitiveness Act of 1988 (15 U.S.C.
5202(d)) is amended in the first sentence by striking ``, with
the assistance of the National Critical Materials Council as
specified in the National Critical Materials Act of 1984 (30
U.S.C. 1801 et seq.),''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this title and the amendments made by this
title $30,000,000.
(c) Authorization Offset.--Section 207(c) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17022(c)) is amended
by inserting before the period at the end the following: ``, except
that the amount authorized to be appropriated to carry out this section
not appropriated as of the date of enactment of the Domestic Energy and
Jobs Act shall be reduced by $30,000,000''.
TITLE X--MISCELLANEOUS
SEC. 1001. LIMITATION ON TRANSFER OF FUNCTIONS UNDER THE SOLID MINERALS
LEASING PROGRAM.
The Secretary of the Interior may not transfer to the Office of
Surface Mining Reclamation and Enforcement any responsibility or
authority to perform any function performed on the day before the date
of enactment of this Act under the solid minerals leasing program of
the Department of the Interior, including--
(1) any function under--
(A) sections 2318 through 2352 of the Revised
Statutes (commonly known as the ``Mining Law of 1872'')
(30 U.S.C. 21 et seq.);
(B) the Act of July 31, 1947 (commonly known as the
``Materials Act of 1947'') (30 U.S.C. 601 et seq.);
(C) the Mineral Leasing Act (30 U.S.C. 181 et
seq.); or
(D) the Mineral Leasing Act for Acquired Lands (30
U.S.C. 351 et seq.);
(2) any function relating to management of mineral
development on Federal land and acquired land under section 302
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1732); and
(3) any function performed under the mining law
administration program of the Bureau of Land Management.
SEC. 1002. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF
REVENUES.
Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006
(43 U.S.C. 1331 note; Public Law 109-432) is amended by striking
``2055'' and inserting ``2022, and shall not exceed $750,000,000 for
each of fiscal years 2023 through 2055''.
SEC. 1003. LEASE SALE 220 AND OTHER LEASE SALES OFF THE COAST OF
VIRGINIA.
(a) Inclusion in Leasing Programs.--The Secretary of the Interior
shall--
(1) as soon as practicable after, but not later than 10
days after, the date of enactment of this Act, revise the
proposed outer Continental Shelf oil and gas leasing program
for the 2012-2017 period to include in the program Lease Sale
220 off the coast of Virginia; and
(2) include the outer Continental Shelf off the coast of
Virginia in the leasing program for each 5-year period after
the 2012-2017 period.
(b) Conduct of Lease Sale.--As soon as practicable, but not later
than 1 year, after the date of enactment of this Act, the Secretary of
the Interior shall carry out under section 8 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337) Lease Sale 220.
(c) Balancing Military and Energy Production Goals.--
(1) Joint goals.--In recognition that the outer Continental
Shelf oil and gas leasing program and the domestic energy
resources produced under that program are integral to national
security, the Secretary of the Interior and the Secretary of
Defense shall work jointly in implementing this section--
(A) to preserve the ability of the Armed Forces to
maintain an optimum state of readiness through their
continued use of energy resources of the outer
Continental Shelf; and
(B) to allow effective exploration, development,
and production of the oil, gas, and renewable energy
resources of the United States.
(2) Prohibition on conflicts with military operations.--No
person may engage in any exploration, development, or
production of oil or natural gas off the coast of Virginia that
would conflict with any military operation, as determined in
accordance with--
(A) the agreement entitled ``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
(B) any revision to, or replacement of, the
agreement described in subparagraph (A) that is agreed
to by the Secretary of Defense and the Secretary of the
Interior after July 20, 1983, but before the date of
issuance of the lease under which the exploration,
development, or production is conducted.
(3) National defense areas.--The United States reserves the
right to designate by and through the Secretary of Defense,
with the approval of the President, national defense areas on
the outer Continental Shelf under section 12(d) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1341(d)).
SEC. 1004. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE
SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977.
The Secretary of the Interior may not, before December 31, 2013,
issue or approve any proposed or final regulation under the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.)
that would--
(1) adversely impact employment in coal mines in the United
States;
(2) cause a reduction in revenue received by the Federal
Government or any State, tribal, or local government, by
reducing, through regulation, the quantity of coal in the
United States that is available for mining;
(3) reduce the quantity of coal available for domestic
consumption or for export;
(4) designate any area as unsuitable for surface coal
mining and reclamation operations; or
(5) expose the United States to liability for taking the
value of privately owned coal through regulation.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5488-5489)
Read twice and referred to the Committee on Energy and Natural Resources.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line