[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9472 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 9472

     To enhance national security and energy independence through 
   comprehensive offshore energy resource assessment and mapping, to 
  establish a framework for the regular review and standardization of 
    offshore resource exploration methodologies, to streamline the 
permitting process for offshore geological and geophysical surveys, and 
                    to provide for related purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 6, 2024

  Mr. Hunt (for himself and Mr. Nehls) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
addition to the Committees on Energy and Commerce, Armed Services, and 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To enhance national security and energy independence through 
   comprehensive offshore energy resource assessment and mapping, to 
  establish a framework for the regular review and standardization of 
    offshore resource exploration methodologies, to streamline the 
permitting process for offshore geological and geophysical surveys, and 
                    to provide for related purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Offshore Resource 
Enhancement Act of 2024'' or the ``CORE Act''.

SEC. 2. SECURITY ASSESSMENT OF OFFSHORE ENERGY RESOURCE RESERVES.

    (a) Definitions.--In this section:
            (1) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Energy, the Secretary of the Interior, and the 
        Secretary of Defense.
            (2) Undiscovered resource.--The term ``undiscovered 
        resource'' means an oil and gas resource postulated, on the 
        basis of geologic knowledge or theory, to exist outside of 
        known fields or accumulations.
    (b) Resource Security Assessment Collaboration Program.--To enhance 
United States national security and energy independence, the 
Secretaries shall establish a joint program (referred to in this 
section as the ``program'') for offshore geophysical and geological 
resource mapping and analysis of domestic resources critical to 
national security.
    (c) Purpose.--The purpose of the program is to ensure adequate 
intelligence on the supply and security of offshore energy resources of 
reliance to the domestic population and allied nations, including 
natural gas, petroleum (including crude oil and petroleum products), 
and critical minerals.
    (d) Authority To Enter Into Agreements.--In carrying out the 
program, the Secretaries may enter into 1 or more agreements directly 
with a third party under such terms and conditions as the Secretaries 
determine appropriate.
    (e) Reports.--Not later than 1 year after the date of enactment of 
this Act, the Secretaries shall submit a one-time report to the 
Committee on Energy and Natural Resources and the Committee on Foreign 
Relations of the Senate and the Committee on Energy and Commerce, the 
Committee on Natural Resources, and the Committee on Foreign Affairs of 
the House of Representatives that includes the following:
            (1) An assessment of the approximate quantity of 
        undiscovered resources in each offshore regional planning area 
        as defined by the 2024-2029 National Outer Continental Shelf 
        Oil and Gas Leasing Proposed Final Program of September 29, 
        2023. In carrying out such assessment, the Secretaries shall--
                    (A) prioritize the acquisition and use of advanced 
                geophysical and geotechnical data and methods;
                    (B) acquire and apply new and emerging modeling and 
                analytic technologies, including data analysis tools, 
                quantum computing, modeling, and geographic information 
                systems, to approximate the quantity and establish a 
                peer-reviewed range of undiscovered resources in each 
                regional planning area with a discussion of the upper 
                and lower bound of the estimates with that discussion 
                to include recommendations as to how to reduce the 
                range of uncertainty; and
                    (C) utilize any existing maritime vessels or 
                deployed capability, including any geoseismic, sonar, 
                or related mapping technologies.
            (2) An assessment of how the unavailability for leasing of 
        any lands that are withdrawn under section 12 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1341) or part of the 
        National Marine Sanctuary System established by section 301(c) 
        of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)) 
        affects--
                    (A) the exploration, development, and production of 
                oil and gas;
                    (B) national security, including the Nation's 
                ability to supply the Armed Forces, its allies, and 
                trade partners with petroleum products and related 
                fuels;
                    (C) domestic jobs and employment;
                    (D) the amount of revenue States and coastal 
                political subdivisions receive pursuant to section 105 
                of the Gulf of Mexico Energy Security Act of 2006 (43 
                U.S.C. 1331 note); and
                    (E) the ability of the Secretary of Energy to 
                acquire and exchange petroleum products for storage in 
                the Strategic Petroleum Reserve.
            (3) An assessment of undiscovered subsea resources, 
        materials, and anomalies that could be utilized by commercial 
        or in national security operations, including stone, sand, 
        gravel, marine minerals, or offshore critical minerals.
    (f) Standardization of Existing Reports.--Section 357 of the Energy 
Policy Act of 2005 (42 U.S.C. 15912) is amended--
            (1) in subsection (a)(1), by striking ``of Mexico and 
        Canada'';
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following:
    ``(b) Inclusions.--The inventory and analysis conducted under 
subsection (a) shall include the following:
            ``(1) An assessment of the approximate quantity of 
        undiscovered resources in each regional planning area as 
        defined by the 2024-2029 National Outer Continental Shelf Oil 
        and Gas Leasing Proposed Final Program of September 29, 2023, 
        which shall include the following:
                    ``(A) A detailed analysis of how the future 
                production of these undiscovered resources could 
                influence the United States capacity to competitively 
                produce, market, and export hydrocarbons on a global 
                scale. This assessment should consider key market 
                variables such as global supply and demand dynamics, 
                projected price points, geopolitical factors, and the 
                role of United States production in maintaining global 
                energy security.
                    ``(B) An economic analysis of how the development 
                and production of these undiscovered resources would 
                affect domestic employment across the supply chain. 
                This should include direct, indirect, and induced job 
                impacts, emphasizing the potential for job creation in 
                exploration, production, refining, logistics, and 
                associated industries.
                    ``(C) To the fullest extent practicable, a 
                comparative analysis of offshore oil and gas 
                exploration and development practices for each major 
                offshore producing country shall be conducted within 10 
                years of the passage of the CORE Act and once every 10 
                years thereafter. This analysis shall provide the 
                following:
                            ``(i) Data on the number of offshore acres 
                        offered for lease, including the frequency of 
                        lease auctions, sales, or lease issuances. This 
                        should encompass lease structures, fiscal 
                        terms, and competitive positioning relative to 
                        United States leasing practices.
                            ``(ii) Detailed reporting on the volume of 
                        oil produced, measured in barrels on an annual 
                        basis, including historical trends, production 
                        forecasts, and the influence of technological 
                        advancements on production efficiency and 
                        recovery rates.
                            ``(iii) Detailed reporting on the volume of 
                        gas produced, measured in cubic feet, 
                        accounting for regional market demands, export 
                        capabilities, and contributions to energy 
                        diversification strategies.
                            ``(iv) An assessment of both undiscovered 
                        and discovered offshore oil and gas resources, 
                        including probabilistic estimates of resource 
                        volumes that consider geological, 
                        technological, and market factors impacting 
                        exploration success and resource 
                        recoverability.
            ``(2) An identification and assessment of how the 
        unavailability for leasing of any lands that are withdrawn 
        under section 12 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1341) or part of the National Marine Sanctuary System 
        established by section 301(c) of the National Marine 
        Sanctuaries Act (16 U.S.C. 1431(c)) affects--
                    ``(A) the exploration, development, and production 
                of oil and gas;
                    ``(B) national security, including the Nation's 
                ability to supply the Armed Forces, its allies, and 
                trade partners with petroleum products and related 
                fuels;
                    ``(C) domestic jobs and employment;
                    ``(D) the amount of revenue States and coastal 
                political subdivisions receive pursuant to section 105 
                of the Gulf of Mexico Energy Security Act of 2006 (43 
                U.S.C. 1331 note); and
                    ``(E) the ability of the Secretary of Energy to 
                acquire and exchange petroleum products for storage in 
                the Strategic Petroleum Reserve.'';
            (3) in subsection (c), as so redesignated--
                    (A) by striking ``The Secretary shall submit'' and 
                inserting ``Not later than 365 days after the date of 
                enactment of the CORE Act, the Secretary shall 
                submit''; and
                    (B) by striking ``, within 6 months of the date of 
                enactment of the section''; and
            (4) by adding at the end the following:
    ``(d) Updating Assessment Methodology.--
            ``(1) Assessment.--The Secretary of the Interior shall 
        periodically conduct an assessment of the costs, benefits, and 
        accuracy of the models utilized by the Bureau of Ocean Energy 
        Management to conduct resource assessments. In carrying out 
        such assessment, the Secretary of the Interior shall jointly 
        consult with Society of Petroleum Engineers' Resources and 
        Reserves Committee, the National Petroleum Council, and also 
        the United States Association for Energy Economics, with 
        respect to recommending new methodologies, if deficiencies 
        these groups identified exist in current practices or if 
        potential benefits could be realized from employing new methods 
        of analysis. The initial assessment shall be conducted not 
        later than 1 year after the date of enactment of the CORE Act, 
        and subsequent assessments not later than every 10 years 
        thereafter. The National Petroleum Council shall lead joint 
        consultations with the Secretary of the Interior.
            ``(2) Report.--Following each assessment conducted under 
        paragraph (1), the Secretary of the Interior shall update the 
        assessment methodologies used in the comprehensive inventory of 
        U.S. Outer Continental Shelf Oil and Natural Gas Resources. The 
        Secretary shall also prepare a report, based on the timelines 
        in paragraph (1), which shall include the following:
                    ``(A) A clear, detailed explanation of any updates 
                made to the assessment methodologies based on the joint 
                consultations with the Society of Petroleum Engineers' 
                Resources and Reserves Committee, the National 
                Petroleum Council, and the United States Association 
                for Energy Economics.
                    ``(B) An evaluation describing how the updates 
                improve the accuracy, cost-effectiveness, and 
                reliability of the resource assessments.
                    ``(C) If any recommended updates are not 
                incorporated, the report must provide a detailed 
                explanation of why these updates were not adopted, 
                including any technical, legal, or practical 
                constraints that prevented their implementation.''.

SEC. 3. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.

    (a) Incidental Take Regulations.--Notwithstanding any other 
provision of law, the National Marine Fisheries Service and the 
National Oceanic and Atmospheric Administration shall maintain 
incidental take regulations under the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1361 et seq.) governing the issuance of Letters of 
Authorization for Outer Continental Shelf geophysical and geological 
surveys. These regulations shall not expire, nor require renewal every 
5 years, but be maintained and updated as necessary through the 
requirements of subchapter II of chapter 5 and chapter 7 of title 5, 
United States Code (commonly known as the ``Administrative Procedure 
Act''). The regulations governing Outer Continental Shelf geophysical 
and geological surveys referenced in this subsection (section 217 of 
title 50, Code of Federal Regulations), issued by the National Marine 
Fisheries Service effective on May 24, 2024, shall not expire on April 
19, 2026.
    (b) Geological and Geophysical Survey Licensing.--
            (1) In general.--The Secretary of the Interior shall 
        authorize geological and geophysical surveys related to oil and 
        gas activities on the Gulf of Mexico Outer Continental Shelf 
        within 30 days of receipt of a completed application and shall, 
        as applicable to survey type, comply with the mitigation and 
        monitoring measures in subsections (a), (b), (c), (d), (f), and 
        (g) of section 217.184 of title 50, Code of Federal Regulations 
        (as in effect on January 1, 2022), and section 217.185 of title 
        50, Code of Federal Regulations (as in effect on January 1, 
        2022). In issuing permits for these surveys, the Secretary 
        shall not require an applicant to obtain a letter of 
        authorization. Any permit authorizing a geological or 
        geophysical survey shall be extended for a period of no more 
        than 12 months within 30 days of receipt of a written request 
        from the permittee.
            (2) Compliance with other acts.--Geological and geophysical 
        surveys authorized pursuant to this subsection are deemed to be 
        in full compliance with the Marine Mammal Protection Act of 
        1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.), and implementing regulations.
    (c) Judicial Review and Enforcement.--
            (1) Definitions.--In this subsection:
                    (A) Agency document.--The term ``agency document'' 
                means, with respect to a geophysical or geoseismic 
                survey project, a record of decision, categorical 
                exclusion, environmental document, or programmatic 
                environmental document.
                    (B) NEPA terms.--The terms ``categorical 
                exclusion'', ``environmental document'', and 
                ``programmatic environmental document'' have the 
                meanings given such terms, respectively, in section 111 
                of the National Environmental Policy Act of 1969 (42 
                U.S.C. 4336e).
            (2) In general.--A court shall not enjoin an offshore oil 
        and gas geophysical or geoseismic survey project if the court 
        determines that the plaintiff is unable to demonstrate that the 
        claim of the plaintiff is likely to succeed on the merits.
            (3) Considerations in injunctive relief.--While considering 
        any request for an injunction that applies to any agency action 
        as part of an offshore oil and gas geophysical or geoseismic 
        survey project, the court reviewing the agency action shall 
        only consider deficiencies by an agency pursuant to law. The 
        court may remand the geophysical or geoseismic survey project 
        to the applicable agency with instruction to correct (including 
        specific directions) the errors or deficiencies within 30 days. 
        An activity under the geophysical or geoseismic survey project 
        may be carried out so long as such activity does not affect the 
        errors or deficiencies described in this paragraph.
            (4) Review.--Unless the court finds that the applicable 
        agency entirely failed to publish a required environmental 
        assessment or environmental impact statement, on remand--
                    (A) the court shall not require such agency to 
                prepare a new environmental assessment or environmental 
                impact statement; and
                    (B) such agency may use another format, including a 
                memorandum or errata sheet, to document any new 
                analysis required.
            (5) Limitations on claims.--Notwithstanding any other 
        provision of law, a claim arising under Federal law seeking 
        judicial review of a geophysical or geoseismic survey project 
        shall be barred unless--
                    (A) with respect to an agency document noticed in 
                the Federal Register, such claim is filed not later 
                than 120 days after the date of publication of a notice 
                in the Federal Register of agency intent to carry out 
                the geophysical or geoseismic survey project, unless a 
                shorter period is specified in such Federal law;
                    (B) in the case of an agency document not described 
                in paragraph (3), such claim is filed not later than 
                120 days after the date that is the earlier of--
                            (i) the date on which such agency document 
                        is published; and
                            (ii) the date on which such agency document 
                        is noticed; and
                    (C) in the case of an authorization or action for 
                which there was a public comment period, such claim--
                            (i) is filed by a party that--
                                    (I) participated in the 
                                administrative proceedings regarding 
                                such geophysical or geoseismic survey 
                                project; and
                                    (II) submitted a comment during 
                                such public comment period and such 
                                comment was sufficiently detailed to 
                                put the applicable agency on notice of 
                                the issue upon which the party seeks 
                                judicial review; and
                            (ii) is related to such comment.
            (6) District court review.--A district court shall have no 
        more than 30 days from the date a petition is filed to issue a 
        decision under this section.
            (7) Appeals court review.--An appeals court shall have no 
        more than 30 days to issue a decision on an appeal of a 
        district court's ruling under this section.
    (d) Reporting and Accountability.--The Secretary concerned shall 
publish online public reports monthly detailing the number of permit 
applications received, the average processing time of such 
applications, and instances of noncompliance beginning 1 calendar year 
after the date of the enactment of this Act.
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