[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>