[Congressional Record Volume 160, Number 101 (Thursday, June 26, 2014)]
[House]
[Pages H5772-H5790]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   LOWERING GASOLINE PRICES TO FUEL AN AMERICA THAT WORKS ACT OF 2014


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and include extraneous material on the bill, H.R. 4899.
  The SPEAKER pro tempore (Mr. Yoder). Is there objection to the 
request of the gentleman from Washington?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to House Resolution 641 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the further consideration of the bill, 
H.R. 4899.
  Will the gentlewoman from North Carolina (Ms. Foxx) kindly take the 
chair.

[[Page H5773]]

                              {time}  0915


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill (H.R. 4899) to lower gasoline prices for the American family 
by increasing domestic onshore and offshore energy exploration and 
production, to streamline and improve onshore and offshore energy 
permitting and administration, and for other purposes, with Ms. Foxx 
(Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Wednesday, 
June 25, 2014, all time for general debate had expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  It shall be in order to consider as an original bill for the purpose 
of amendment under the 5-minute rule an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 113-50. That 
amendment in the nature of a substitute shall be considered as read.
  The text of the amendment in the nature of a substitute is as 
follows:

                               H.R. 4899

       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 ``Lowering Gasoline Prices to 
     Fuel an America That Works Act of 2014''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is the following:

Sec. 1. Short title.
Sec. 2. Table of contents.

                   TITLE I--OFFSHORE ENERGY AND JOBS

      Subtitle A--Outer Continental Shelf Leasing Program Reforms

Sec. 10101. Outer Continental Shelf leasing program reforms.
Sec. 10102. Domestic oil and natural gas production goal.
Sec. 10103. Development and submittal of new 5-year oil and gas leasing 
              program.
Sec. 10104. Rule of construction.

      Subtitle B--Directing the President To Conduct New OCS Sales

Sec. 10201. Requirement to conduct proposed oil and gas Lease Sale 220 
              on the Outer Continental Shelf offshore Virginia.
Sec. 10202. South Carolina lease sale.
Sec. 10203. Southern California existing infrastructure lease sale.
Sec. 10204. Environmental impact statement requirement.
Sec. 10205. National defense.
Sec. 10206. Eastern Gulf of Mexico not included.

   Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues

Sec. 10301. Disposition of Outer Continental Shelf revenues to coastal 
              States.

   Subtitle D--Reorganization of Minerals Management Agencies of the 
                       Department of the Interior

Sec. 10401. Establishment of Under Secretary for Energy, Lands, and 
              Minerals and Assistant Secretary of Ocean Energy and 
              Safety.
Sec. 10402. Bureau of Ocean Energy.
Sec. 10403. Ocean Energy Safety Service.
Sec. 10404. Office of Natural Resources revenue.
Sec. 10405. Ethics and drug testing.
Sec. 10406. Abolishment of Minerals Management Service.
Sec. 10407. Conforming amendments to Executive Schedule pay rates.
Sec. 10408. Outer Continental Shelf Energy Safety Advisory Board.
Sec. 10409. Outer Continental Shelf inspection fees.
Sec. 10410. Prohibition on action based on National Ocean Policy 
              developed under Executive Order No. 13547.

                 Subtitle E--United States Territories

Sec. 10501. Application of Outer Continental Shelf Lands Act with 
              respect to territories of the United States.

                  Subtitle F--Miscellaneous Provisions

Sec. 10601. Rules regarding distribution of revenues under Gulf of 
              Mexico Energy Security Act of 2006.
Sec. 10602. Amount of distributed qualified outer Continental Shelf 
              revenues.

                      Subtitle G--Judicial Review

Sec. 10701. Time for filing complaint.
Sec. 10702. District court deadline.
Sec. 10703. Ability to seek appellate review.
Sec. 10704. Limitation on scope of review and relief.
Sec. 10705. Legal fees.
Sec. 10706. Exclusion.
Sec. 10707. Definitions.

          TITLE II--ONSHORE FEDERAL LANDS AND ENERGY SECURITY

           Subtitle A--Federal Lands Jobs and Energy Security

Sec. 21001. Short title.
Sec. 21002. Policies regarding buying, building, and working for 
              America.

           Chapter 1--Onshore Oil and Gas Permit Streamlining

Sec. 21101. Short title.

     subchapter a--application for permits to drill process reform

Sec. 21111. Permit to drill application timeline.

       subchapter b--administrative protest documentation reform

Sec. 21121. Administrative protest documentation reform.

                   subchapter c--permit streamlining

Sec. 21131. Making pilot offices permanent to improve energy permitting 
              on Federal lands.
Sec. 21132. Administration of current law.

                     subchapter d--judicial review

Sec. 21141. Definitions.
Sec. 21142. Exclusive venue for certain civil actions relating to 
              covered energy projects.
Sec. 21143. Timely filing.
Sec. 21144. Expedition in hearing and determining the action.
Sec. 21145. Standard of review.
Sec. 21146. Limitation on injunction and prospective relief.
Sec. 21147. Limitation on attorneys' fees.
Sec. 21148. Legal standing.

         subchapter e--knowing america's oil and gas resources

Sec. 21151. Funding oil and gas resource assessments.

                Chapter 2--Oil and Gas Leasing Certainty

Sec. 21201. Short title.
Sec. 21202. Minimum acreage requirement for onshore lease sales.
Sec. 21203. Leasing certainty.
Sec. 21204. Leasing consistency.
Sec. 21205. Reduce redundant policies.
Sec. 21206. Streamlined congressional notification.

                          Chapter 3--Oil Shale

Sec. 21301. Short title.
Sec. 21302. Effectiveness of oil shale regulations, amendments to 
              resource management plans, and record of decision.
Sec. 21303. Oil shale leasing.

                  Chapter 4--Miscellaneous Provisions

Sec. 21401. Rule of construction.

                Subtitle B--Planning for American Energy

Sec. 22001. Short title.
Sec. 22002. Onshore domestic energy production strategic plan.

        Subtitle C--National Petroleum Reserve in Alaska Access

Sec. 23001. Short title.
Sec. 23002. Sense of Congress and reaffirming national policy for the 
              National Petroleum Reserve in Alaska.
Sec. 23003. National Petroleum Reserve in Alaska: lease sales.
Sec. 23004. National Petroleum Reserve in Alaska: planning and 
              permitting pipeline and road construction.
Sec. 23005. Issuance of a new integrated activity plan and 
              environmental impact statement.
Sec. 23006. Departmental accountability for development.
Sec. 23007. Deadlines under new proposed integrated activity plan.
Sec. 23008. Updated resource assessment.

                 Subtitle D--BLM Live Internet Auctions

Sec. 24001. Short title.
Sec. 24002. Internet-based onshore oil and gas lease sales.

                   TITLE I--OFFSHORE ENERGY AND JOBS

      Subtitle A--Outer Continental Shelf Leasing Program Reforms

     SEC. 10101. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS.

       Section 18(a) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344(a)) is amended by adding at the end the 
     following:
       ``(5)(A) In each oil and gas leasing program under this 
     section, the Secretary shall make available for leasing and 
     conduct lease sales including at least 50 percent of the 
     available unleased acreage within each outer Continental 
     Shelf planning area considered to have the largest 
     undiscovered, technically recoverable oil and gas resources 
     (on a total btu basis) based upon the most recent national 
     geologic assessment of the outer Continental Shelf, with an 
     emphasis on offering the most geologically prospective parts 
     of the planning area.
       ``(B) The Secretary shall include in each proposed oil and 
     gas leasing program under this section any State subdivision 
     of an outer Continental Shelf planning area that the Governor 
     of the State that represents that subdivision requests be 
     made available for leasing. The Secretary may not remove such 
     a subdivision from the program until publication of the final 
     program, and shall include and consider all such subdivisions 
     in any environmental review conducted and statement prepared 
     for such program under section 102(2) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
       ``(C) In this paragraph the term `available unleased 
     acreage' means that portion of the outer Continental Shelf 
     that is not under lease at the time of a proposed lease sale, 
     and that has not otherwise been made unavailable for leasing 
     by law.
       ``(6)(A) In the 5-year oil and gas leasing program, the 
     Secretary shall make available for leasing any outer 
     Continental Shelf planning areas that--
       ``(i) are estimated to contain more than 2,500,000,000 
     barrels of oil; or
       ``(ii) are estimated to contain more than 7,500,000,000,000 
     cubic feet of natural gas.
       ``(B) To determine the planning areas described in 
     subparagraph (A), the Secretary shall

[[Page H5774]]

     use the document entitled `Minerals Management Service 
     Assessment of Undiscovered Technically Recoverable Oil and 
     Gas Resources of the Nation's Outer Continental Shelf, 
     2006'.''.

     SEC. 10102. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

       Section 18(b) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344(b)) is amended to read as follows:
       ``(b) Domestic Oil and Natural Gas Production Goal.---
       ``(1) In general.--In developing a 5-year oil and gas 
     leasing program, and subject to paragraph (2), the Secretary 
     shall determine a domestic strategic production goal for the 
     development of oil and natural gas as a result of that 
     program. Such goal shall be--
       ``(A) the best estimate of the possible increase in 
     domestic production of oil and natural gas from the outer 
     Continental Shelf;
       ``(B) focused on meeting domestic demand for oil and 
     natural gas and reducing the dependence of the United States 
     on foreign energy; and
       ``(C) focused on the production increases achieved by the 
     leasing program at the end of the 15-year period beginning on 
     the effective date of the program.
       ``(2) Program goal.--For purposes of the 5-year oil and gas 
     leasing program, the production goal referred to in paragraph 
     (1) shall be an increase by 2032 of--
       ``(A) no less than 3,000,000 barrels in the amount of oil 
     produced per day; and
       ``(B) no less than 10,000,000,000 cubic feet in the amount 
     of natural gas produced per day.
       ``(3) Reporting.--The Secretary shall report annually, 
     beginning at the end of the 5-year period for which the 
     program applies, to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate on the progress of the 
     program in meeting the production goal. The Secretary shall 
     identify in the report projections for production and any 
     problems with leasing, permitting, or production that will 
     prevent meeting the goal.''.

     SEC. 10103. DEVELOPMENT AND SUBMITTAL OF NEW 5-YEAR OIL AND 
                   GAS LEASING PROGRAM.

       (a) In General.--The Secretary of the Interior shall--
       (1) by not later than July 15, 2015, publish and submit to 
     Congress a new proposed oil and gas leasing program under 
     section 18 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344) for the 5-year period beginning on such date and 
     ending July 15, 2021; and
       (2) by not later than July 15, 2016, approve a final oil 
     and gas leasing program under such section for such period.
       (b) Consideration of All Areas.--In preparing such program 
     the Secretary shall include consideration of areas of the 
     Continental Shelf off the coasts of all States (as such term 
     is defined in section 2 of that Act, as amended by this 
     title), that are subject to leasing under this title.
       (c) Technical Correction.--Section 18(d)(3) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1344(d)(3)) is amended 
     by striking ``or after eighteen months following the date of 
     enactment of this section, whichever first occurs,''.

     SEC. 10104. RULE OF CONSTRUCTION.

       Nothing in this title shall be construed to authorize the 
     issuance of a lease under the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1331 et seq.) to any person designated for the 
     imposition of sanctions pursuant to--
       (1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), 
     the Comprehensive Iran Sanctions, Accountability and 
     Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran 
     Threat Reduction and Syria Human Rights Act of 2012 (22 
     U.S.C. 8701 et seq.), section 1245 of the National Defense 
     Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or 
     the Iran Freedom and Counter-Proliferation Act of 2012 (22 
     U.S.C. 8801 et seq.);
       (2) Executive Order No. 13622 (July 30, 2012), Executive 
     Order No. 13628 (October 9, 2012), or Executive Order No. 
     13645 (June 3, 2013);
       (3) Executive Order No. 13224 (September 23, 2001) or 
     Executive Order No. 13338 (May 11, 2004); or
       (4) the Syria Accountability and Lebanese Sovereignty 
     Restoration Act of 2003 (22 U.S.C. 2151 note).

      Subtitle B--Directing the President To Conduct New OCS Sales

     SEC. 10201. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE 
                   SALE 220 ON THE OUTER CONTINENTAL SHELF 
                   OFFSHORE VIRGINIA.

       (a) In General.--Notwithstanding the exclusion of Lease 
     Sale 220 in the Final Outer Continental Shelf Oil & Gas 
     Leasing Program 2012-2017, the Secretary of the Interior 
     shall conduct offshore oil and gas Lease Sale 220 under 
     section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1337) as soon as practicable, but not later than one year 
     after the date of enactment of this Act.
       (b) Requirement To Make Replacement Lease Blocks 
     Available.--For each lease block in a proposed lease sale 
     under this section for which the Secretary of Defense, in 
     consultation with the Secretary of the Interior, under the 
     Memorandum of Agreement referred to in section 10205(b), 
     issues a statement proposing deferral from a lease offering 
     due to defense-related activities that are irreconcilable 
     with mineral exploration and development, the Secretary of 
     the Interior, in consultation with the Secretary of Defense, 
     shall make available in the same lease sale one other lease 
     block in the Virginia lease sale planning area that is 
     acceptable for oil and gas exploration and production in 
     order to mitigate conflict.
       (c) Balancing Military and Energy Production Goals.--In 
     recognition that the Outer Continental Shelf oil and gas 
     leasing program and the domestic energy resources produced 
     therefrom are integral to national security, the Secretary of 
     the Interior and the Secretary of Defense shall work jointly 
     in implementing this section in order to ensure achievement 
     of the following common goals:
       (1) Preserving the ability of the Armed Forces of the 
     United States to maintain an optimum state of readiness 
     through their continued use of the Outer Continental Shelf.
       (2) Allowing effective exploration, development, and 
     production of our Nation's oil, gas, and renewable energy 
     resources.
       (d) Definitions.--In this section:
       (1) Lease sale 220.--The term ``Lease Sale 220'' means such 
     lease sale referred to in the Request for Comments on the 
     Draft Proposed 5-Year Outer Continental Shelf (OCS) Oil and 
     Gas Leasing Program for 2010-2015 and Notice of Intent To 
     Prepare an Environmental Impact Statement (EIS) for the 
     Proposed 5-Year Program published January 21, 2009 (74 Fed. 
     Reg. 3631).
       (2) Virginia lease sale planning area.--The term ``Virginia 
     lease sale planning area'' means the area of the outer 
     Continental Shelf (as that term is defined in the Outer 
     Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that is 
     bounded by--
       (A) a northern boundary consisting of a straight line 
     extending from the northernmost point of Virginia's seaward 
     boundary to the point on the seaward boundary of the United 
     States exclusive economic zone located at 37 degrees 17 
     minutes 1 second North latitude, 71 degrees 5 minutes 16 
     seconds West longitude; and
       (B) a southern boundary consisting of a straight line 
     extending from the southernmost point of Virginia's seaward 
     boundary to the point on the seaward boundary of the United 
     States exclusive economic zone located at 36 degrees 31 
     minutes 58 seconds North latitude, 71 degrees 30 minutes 1 
     second West longitude.

     SEC. 10202. SOUTH CAROLINA LEASE SALE.

       Notwithstanding exclusion of the South Atlantic Outer 
     Continental Shelf Planning Area from the Final Outer 
     Continental Shelf Oil & Gas Leasing Program 2012-2017, the 
     Secretary of the Interior shall conduct a lease sale not 
     later than 2 years after the date of the enactment of this 
     Act for areas off the coast of South Carolina determined by 
     the Secretary to have the most geologically promising 
     hydrocarbon resources and constituting not less than 25 
     percent of the leasable area within the South Carolina 
     offshore administrative boundaries depicted in the notice 
     entitled ``Federal Outer Continental Shelf (OCS) 
     Administrative Boundaries Extending from the Submerged Lands 
     Act Boundary seaward to the Limit of the United States Outer 
     Continental Shelf'', published January 3, 2006 (71 Fed. Reg. 
     127).

     SEC. 10203. SOUTHERN CALIFORNIA EXISTING INFRASTRUCTURE LEASE 
                   SALE.

       (a) In General.--The Secretary of the Interior shall offer 
     for sale leases of tracts in the Santa Maria and Santa 
     Barbara/Ventura Basins of the Southern California OCS 
     Planning Area as soon as practicable, but not later than 
     December 31, 2015.
       (b) Use of Existing Structures or Onshore-Based Drilling.--
     The Secretary of the Interior shall include in leases offered 
     for sale under this lease sale such terms and conditions as 
     are necessary to require that development and production may 
     occur only from offshore infrastructure in existence on the 
     date of the enactment of this Act or from onshore-based, 
     extended-reach drilling.

     SEC. 10204. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.

       (a) In General.--For the purposes of this title, the 
     Secretary of the Interior shall prepare a multisale 
     environmental impact statement under section 102 of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4332) 
     for all lease sales required under this subtitle.
       (b) Actions To Be Considered.--Notwithstanding section 102 
     of the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332), in such statement--
       (1) the Secretary is not required to identify nonleasing 
     alternative courses of action or to analyze the environmental 
     effects of such alternative courses of action; and
       (2) the Secretary shall only--
       (A) identify a preferred action for leasing and not more 
     than one alternative leasing proposal; and
       (B) analyze the environmental effects and potential 
     mitigation measures for such preferred action and such 
     alternative leasing proposal.

     SEC. 10205. NATIONAL DEFENSE.

       (a) National Defense Areas.--This title does not affect the 
     existing authority of the Secretary of Defense, with the 
     approval of the President, to designate national defense 
     areas on the Outer Continental Shelf pursuant to section 
     12(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1341(d)).
       (b) Prohibition on Conflicts With Military Operations.--No 
     person may engage in any exploration, development, or 
     production of oil or natural gas on the Outer Continental 
     Shelf under a lease issued under this title that would 
     conflict with any military operation, as determined in 
     accordance with the 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 any revision or replacement for that agreement 
     that is agreed to by the Secretary of Defense and the 
     Secretary of the Interior after that date but before the date 
     of issuance of the lease under which such exploration, 
     development, or production is conducted.

     SEC. 10206. EASTERN GULF OF MEXICO NOT INCLUDED.

       Nothing in this title affects restrictions on oil and gas 
     leasing under the Gulf of Mexico Energy Security Act of 2006 
     (title I of division C of Public Law 109-432; 43 U.S.C. 1331 
     note).

[[Page H5775]]

   Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues

     SEC. 10301. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES 
                   TO COASTAL STATES.

       (a) In General.--Section 9 of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1338) is amended--
       (1) in the existing text--
       (A) in the first sentence, by striking ``All rentals,'' and 
     inserting the following:
       ``(c) Disposition of Revenue Under Old Leases.--All 
     rentals,''; and
       (B) in subsection (c) (as designated by the amendment made 
     by subparagraph (A) of this paragraph), by striking ``for the 
     period from June 5, 1950, to date, and thereafter'' and 
     inserting ``in the period beginning June 5, 1950, and ending 
     on the date of enactment of the Lowering Gasoline Prices to 
     Fuel an America That Works Act of 2014'';
       (2) by adding after subsection (c) (as so designated) the 
     following:
       ``(d)  Definitions.--In this section:
       ``(1) Coastal state.--The term `coastal State' includes a 
     territory of the United States.
       ``(2) New leasing revenues.--The term `new leasing 
     revenues'--
       ``(A) means amounts received by the United States as 
     bonuses, rents, and royalties under leases for oil and gas, 
     wind, tidal, or other energy exploration, development, and 
     production on new areas of the outer Continental Shelf that 
     are authorized to be made available for leasing as a result 
     of enactment of the Lowering Gasoline Prices to Fuel an 
     America That Works Act of 2014 and leasing under that Act; 
     and
       ``(B) does not include amounts received by the United 
     States under any lease of an area located in the boundaries 
     of the Central Gulf of Mexico and Western Gulf of Mexico 
     Outer Continental Shelf Planning Areas on the date of 
     enactment of the Lowering Gasoline Prices to Fuel an America 
     That Works Act of 2014, including a lease issued before, on, 
     or after such date of enactment.''; and
       (3) by inserting before subsection (c) (as so designated) 
     the following:
       ``(a) Payment of New Leasing Revenues to Coastal States.--
       ``(1) In general.--Except as provided in paragraph (2), of 
     the amount of new leasing revenues received by the United 
     States each fiscal year, 37.5 percent shall be allocated and 
     paid in accordance with subsection (b) to coastal States that 
     are affected States with respect to the leases under which 
     those revenues are received by the United States.
       ``(2) Phase-in.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     paragraph (1) shall be applied--
       ``(i) with respect to new leasing revenues under leases 
     awarded under the first leasing program under section 18(a) 
     that takes effect after the date of enactment of the Lowering 
     Gasoline Prices to Fuel an America That Works Act of 2014, by 
     substituting `12.5 percent' for `37.5 percent'; and
       ``(ii) with respect to new leasing revenues under leases 
     awarded under the second leasing program under section 18(a) 
     that takes effect after the date of enactment of the Lowering 
     Gasoline Prices to Fuel an America That Works Act of 2014, by 
     substituting `25 percent' for `37.5 percent'.
       ``(B) Exempted lease sales.--This paragraph shall not apply 
     with respect to any lease issued under subtitle B of the 
     Lowering Gasoline Prices to Fuel an America That Works Act of 
     2014.
       ``(b) Allocation of Payments.--
       ``(1) In general.--The amount of new leasing revenues 
     received by the United States with respect to a leased tract 
     that are required to be paid to coastal States in accordance 
     with this subsection each fiscal year shall be allocated 
     among and paid to coastal States that are within 200 miles of 
     the leased tract, in amounts that are inversely proportional 
     to the respective distances between the point on the 
     coastline of each such State that is closest to the 
     geographic center of the lease tract, as determined by the 
     Secretary.
       ``(2) Minimum and maximum allocation.--The amount allocated 
     to a coastal State under paragraph (1) each fiscal year with 
     respect to a leased tract shall be--
       ``(A) in the case of a coastal State that is the nearest 
     State to the geographic center of the leased tract, not less 
     than 25 percent of the total amounts allocated with respect 
     to the leased tract;
       ``(B) in the case of any other coastal State, not less than 
     10 percent, and not more than 15 percent, of the total 
     amounts allocated with respect to the leased tract; and
       ``(C) in the case of a coastal State that is the only 
     coastal State within 200 miles of a leased tract, 100 percent 
     of the total amounts allocated with respect to the leased 
     tract.
       ``(3) Administration.--Amounts allocated to a coastal State 
     under this subsection--
       ``(A) shall be available to the coastal State without 
     further appropriation;
       ``(B) shall remain available until expended;
       ``(C) shall be in addition to any other amounts available 
     to the coastal State under this Act; and
       ``(D) shall be distributed in the fiscal year following 
     receipt.
       ``(4) Use of funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a coastal State may use funds allocated and paid to it under 
     this subsection for any purpose as determined by the laws of 
     that State.
       ``(B) Restriction on use for matching.--Funds allocated and 
     paid to a coastal State under this subsection may not be used 
     as matching funds for any other Federal program.''.
       (b) Limitation on Application.--This section and the 
     amendment made by this section shall not affect the 
     application of section 105 of the Gulf of Mexico Energy 
     Security Act of 2006 (title I of division C of Public Law 
     109-432; (43 U.S.C. 1331 note)), as in effect before the 
     enactment of this Act, with respect to revenues received by 
     the United States under oil and gas leases issued for tracts 
     located in the Western and Central Gulf of Mexico Outer 
     Continental Shelf Planning Areas, including such leases 
     issued on or after the date of the enactment of this Act.

   Subtitle D--Reorganization of Minerals Management Agencies of the 
                       Department of the Interior

     SEC. 10401. ESTABLISHMENT OF UNDER SECRETARY FOR ENERGY, 
                   LANDS, AND MINERALS AND ASSISTANT SECRETARY OF 
                   OCEAN ENERGY AND SAFETY.

       There shall be in the Department of the Interior--
       (1) an Under Secretary for Energy, Lands, and Minerals, who 
     shall--
       (A) be appointed by the President, by and with the advise 
     and consent of the Senate;
       (B) report to the Secretary of the Interior or, if directed 
     by the Secretary, to the Deputy Secretary of the Interior;
       (C) be paid at the rate payable for level III of the 
     Executive Schedule; and
       (D) be responsible for--
       (i) the safe and responsible development of our energy and 
     mineral resources on Federal lands in appropriate accordance 
     with United States energy demands; and
       (ii) ensuring multiple-use missions of the Department of 
     the Interior that promote the safe and sustained development 
     of energy and minerals resources on public lands (as that 
     term is defined in the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1701 et seq.));
       (2) an Assistant Secretary of Ocean Energy and Safety, who 
     shall--
       (A) be appointed by the President, by and with the advise 
     and consent of the Senate;
       (B) report to the Under Secretary for Energy, Lands, and 
     Minerals;
       (C) be paid at the rate payable for level IV of the 
     Executive Schedule; and
       (D) be responsible for ensuring safe and efficient 
     development of energy and minerals on the Outer Continental 
     Shelf of the United States; and
       (3) an Assistant Secretary of Land and Minerals Management, 
     who shall--
       (A) be appointed by the President, by and with the advise 
     and consent of the Senate;
       (B) report to the Under Secretary for Energy, Lands, and 
     Minerals;
       (C) be paid at the rate payable for level IV of the 
     Executive Schedule; and
       (D) be responsible for ensuring safe and efficient 
     development of energy and minerals on public lands and other 
     Federal onshore lands under the jurisdiction of the 
     Department of the Interior, including implementation of the 
     Mineral Leasing Act (30 U.S.C. 181 et seq.) and the Surface 
     Mining Control and Reclamation Act (30 U.S.C. 1201 et seq.) 
     and administration of the Office of Surface Mining.

     SEC. 10402. BUREAU OF OCEAN ENERGY.

       (a) Establishment.--There is established in the Department 
     of the Interior a Bureau of Ocean Energy (referred to in this 
     section as the ``Bureau''), which shall--
       (1) be headed by a Director of Ocean Energy (referred to in 
     this section as the ``Director''); and
       (2) be administered under the direction of the Assistant 
     Secretary of Ocean Energy and Safety.
       (b) Director.--
       (1) Appointment.--The Director shall be appointed by the 
     Secretary of the Interior.
       (2) Compensation.--The Director shall be compensated at the 
     rate provided for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (c) Duties.--
       (1) In general.--The Secretary of the Interior shall carry 
     out through the Bureau all functions, powers, and duties 
     vested in the Secretary relating to the administration of a 
     comprehensive program of offshore mineral and renewable 
     energy resources management.
       (2) Specific authorities.--The Director shall promulgate 
     and implement regulations--
       (A) for the proper issuance of leases for the exploration, 
     development, and production of nonrenewable and renewable 
     energy and mineral resources on the Outer Continental Shelf;
       (B) relating to resource identification, access, 
     evaluation, and utilization;
       (C) for development of leasing plans, lease sales, and 
     issuance of leases for such resources; and
       (D) regarding issuance of environmental impact statements 
     related to leasing and post leasing activities including 
     exploration, development, and production, and the use of 
     third party contracting for necessary environmental analysis 
     for the development of such resources.
       (3) Limitation.--The Secretary shall not carry out through 
     the Bureau any function, power, or duty that is--
       (A) required by section 10403 to be carried out through the 
     Ocean Energy Safety Service; or
       (B) required by section 10404 to be carried out through the 
     Office of Natural Resources Revenue.
       (d) Responsibilities of Land Management Agencies.--Nothing 
     in this section shall affect the authorities of the Bureau of 
     Land Management under the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1701 et seq.) or of the Forest Service 
     under the National Forest Management Act of 1976 (Public Law 
     94-588).

     SEC. 10403. OCEAN ENERGY SAFETY SERVICE.

       (a) Establishment.--There is established in the Department 
     of the Interior an Ocean Energy Safety Service (referred to 
     in this section as the ``Service''), which shall--

[[Page H5776]]

       (1) be headed by a Director of Energy Safety (referred to 
     in this section as the ``Director''); and
       (2) be administered under the direction of the Assistant 
     Secretary of Ocean Energy and Safety.
       (b) Director.--
       (1) Appointment.--The Director shall be appointed by the 
     Secretary of the Interior.
       (2) Compensation.--The Director shall be compensated at the 
     rate provided for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (c) Duties.--
       (1) In general.--The Secretary of the Interior shall carry 
     out through the Service all functions, powers, and duties 
     vested in the Secretary relating to the administration of 
     safety and environmental enforcement activities related to 
     offshore mineral and renewable energy resources on the Outer 
     Continental Shelf pursuant to the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1331 et seq.) including the authority to 
     develop, promulgate, and enforce regulations to ensure the 
     safe and sound exploration, development, and production of 
     mineral and renewable energy resources on the Outer 
     Continental Shelf in a timely fashion.
       (2) Specific authorities.--The Director shall be 
     responsible for all safety activities related to exploration 
     and development of renewable and mineral resources on the 
     Outer Continental Shelf, including--
       (A) exploration, development, production, and ongoing 
     inspections of infrastructure;
       (B) the suspending or prohibiting, on a temporary basis, 
     any operation or activity, including production under leases 
     held on the Outer Continental Shelf, in accordance with 
     section 5(a)(1) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1334(a)(1));
       (C) cancelling any lease, permit, or right-of-way on the 
     Outer Continental Shelf, in accordance with section 5(a)(2) 
     of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1334(a)(2));
       (D) compelling compliance with applicable Federal laws and 
     regulations relating to worker safety and other matters;
       (E) requiring comprehensive safety and environmental 
     management programs for persons engaged in activities 
     connected with the exploration, development, and production 
     of mineral or renewable energy resources;
       (F) developing and implementing regulations for Federal 
     employees to carry out any inspection or investigation to 
     ascertain compliance with applicable regulations, including 
     health, safety, or environmental regulations;
       (G) implementing the Offshore Technology Research and Risk 
     Assessment Program under section 21 of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1347);
       (H) summoning witnesses and directing the production of 
     evidence;
       (I) levying fines and penalties and disqualifying 
     operators;
       (J) carrying out any safety, response, and removal 
     preparedness functions; and
       (K) the processing of permits, exploration plans, 
     development plans.
       (d) Employees.--
       (1) In general.--The Secretary shall ensure that the 
     inspection force of the Bureau consists of qualified, trained 
     employees who meet qualification requirements and adhere to 
     the highest professional and ethical standards.
       (2) Qualifications.--The qualification requirements 
     referred to in paragraph (1)--
       (A) shall be determined by the Secretary, subject to 
     subparagraph (B); and
       (B) shall include--
       (i) 3 years of practical experience in oil and gas 
     exploration, development, or production; or
       (ii) a degree in an appropriate field of engineering from 
     an accredited institution of higher learning.
       (3) Assignment.--In assigning oil and gas inspectors to the 
     inspection and investigation of individual operations, the 
     Secretary shall give due consideration to the extent possible 
     to their previous experience in the particular type of oil 
     and gas operation in which such inspections are to be made.
       (4) Background checks.--The Director shall require that an 
     individual to be hired as an inspection officer undergo an 
     employment investigation (including a criminal history record 
     check).
       (5) Language requirements.--Individuals hired as inspectors 
     must be able to read, speak, and write English well enough 
     to--
       (A) carry out written and oral instructions regarding the 
     proper performance of inspection duties; and
       (B) write inspection reports and statements and log entries 
     in the English language.
       (6) Veterans preference.--The Director shall provide a 
     preference for the hiring of an individual as a inspection 
     officer if the individual is a member or former member of the 
     Armed Forces and is entitled, under statute, to retired, 
     retirement, or retainer pay on account of service as a member 
     of the Armed Forces.
       (7) Annual proficiency review.--
       (A) Annual proficiency review.--The Director shall provide 
     that an annual evaluation of each individual assigned 
     inspection duties is conducted and documented.
       (B) Continuation of employment.--An individual employed as 
     an inspector may not continue to be employed in that capacity 
     unless the evaluation demonstrates that the individual--
       (i) continues to meet all qualifications and standards;
       (ii) has a satisfactory record of performance and attention 
     to duty based on the standards and requirements in the 
     inspection program; and
       (iii) demonstrates the current knowledge and skills 
     necessary to courteously, vigilantly, and effectively perform 
     inspection functions.
       (8) Limitation on right to strike.--Any individual that 
     conducts permitting or inspections under this section may not 
     participate in a strike, or assert the right to strike.
       (9) Personnel authority.--Notwithstanding any other 
     provision of law, the Director may employ, appoint, 
     discipline and terminate for cause, and fix the compensation, 
     terms, and conditions of employment of Federal service for 
     individuals as the employees of the Service in order to 
     restore and maintain the trust of the people of the United 
     States in the accountability of the management of our 
     Nation's energy safety program.
       (10) Training academy.--
       (A) In general.--The Secretary shall establish and maintain 
     a National Offshore Energy Safety Academy (referred to in 
     this paragraph as the ``Academy'') as an agency of the Ocean 
     Energy Safety Service.
       (B) Functions of academy.--The Secretary, through the 
     Academy, shall be responsible for--
       (i) the initial and continued training of both newly hired 
     and experienced offshore oil and gas inspectors in all 
     aspects of health, safety, environmental, and operational 
     inspections;
       (ii) the training of technical support personnel of the 
     Bureau;
       (iii) any other training programs for offshore oil and gas 
     inspectors, Bureau personnel, Department personnel, or other 
     persons as the Secretary shall designate; and
       (iv) certification of the successful completion of training 
     programs for newly hired and experienced offshore oil and gas 
     inspectors.
       (C) Cooperative agreements.--
       (i) In general.--In performing functions under this 
     paragraph, and subject to clause (ii), the Secretary may 
     enter into cooperative educational and training agreements 
     with educational institutions, related Federal academies, 
     other Federal agencies, State governments, safety training 
     firms, and oil and gas operators and related industries.
       (ii) Training requirement.--Such training shall be 
     conducted by the Academy in accordance with curriculum needs 
     and assignment of instructional personnel established by the 
     Secretary.
       (11) Use of department personnel.--In performing functions 
     under this subsection, the Secretary shall use, to the extent 
     practicable, the facilities and personnel of the Department 
     of the Interior. The Secretary may appoint or assign to the 
     Academy such officers and employees as the Secretary 
     considers necessary for the performance of the duties and 
     functions of the Academy.
       (12) Additional training programs.--
       (A) In general.--The Secretary shall work with appropriate 
     educational institutions, operators, and representatives of 
     oil and gas workers to develop and maintain adequate programs 
     with educational institutions and oil and gas operators that 
     are designed--
       (i) to enable persons to qualify for positions in the 
     administration of this title; and
       (ii) to provide for the continuing education of inspectors 
     or other appropriate Department of the Interior personnel.
       (B) Financial and technical assistance.--The Secretary may 
     provide financial and technical assistance to educational 
     institutions in carrying out this paragraph.
       (e) Limitation.--The Secretary shall not carry out through 
     the Service any function, power, or duty that is--
       (1) required by section 10402 to be carried out through 
     Bureau of Ocean Energy; or
       (2) required by section 10404 to be carried out through the 
     Office of Natural Resources Revenue.

     SEC. 10404. OFFICE OF NATURAL RESOURCES REVENUE.

       (a) Establishment.--There is established in the Department 
     of the Interior an Office of Natural Resources Revenue 
     (referred to in this section as the ``Office'') to be headed 
     by a Director of Natural Resources Revenue (referred to in 
     this section as the ``Director'').
       (b) Appointment and Compensation.--
       (1) In general.--The Director shall be appointed by the 
     Secretary of the Interior.
       (2) Compensation.--The Director shall be compensated at the 
     rate provided for Level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (c) Duties.--
       (1) In general.--The Secretary of the Interior shall carry 
     out, through the Office, all functions, powers, and duties 
     vested in the Secretary and relating to the administration of 
     offshore royalty and revenue management functions.
       (2) Specific authorities.--The Secretary shall carry out, 
     through the Office, all functions, powers, and duties 
     previously assigned to the Minerals Management Service 
     (including the authority to develop, promulgate, and enforce 
     regulations) regarding offshore royalty and revenue 
     collection; royalty and revenue distribution; auditing and 
     compliance; investigation and enforcement of royalty and 
     revenue regulations; and asset management for onshore and 
     offshore activities.
       (d) Limitation.--The Secretary shall not carry out through 
     the Office any function, power, or duty that is--
       (1) required by section 10402 to be carried out through 
     Bureau of Ocean Energy; or
       (2) required by section 10403 to be carried out through the 
     Ocean Energy Safety Service.

     SEC. 10405. ETHICS AND DRUG TESTING.

       (a) Certification.--The Secretary of the Interior shall 
     certify annually that all Department of the Interior officers 
     and employees having regular, direct contact with lessees, 
     contractors, concessionaires, and other businesses interested 
     before the Government as a function of their official duties, 
     or conducting investigations, issuing permits, or responsible 
     for oversight of energy programs, are in full compliance with 
     all Federal employee ethics laws and regulations under the 
     Ethics in Government Act of 1978 (5

[[Page H5777]]

     U.S.C. App.) and part 2635 of title 5, Code of Federal 
     Regulations, and all guidance issued under subsection (c).
       (b) Drug Testing.--The Secretary shall conduct a random 
     drug testing program of all Department of the Interior 
     personnel referred to in subsection (a).
       (c) Guidance.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall issue 
     supplementary ethics and drug testing guidance for the 
     employees for which certification is required under 
     subsection (a). The Secretary shall update the supplementary 
     ethics guidance not less than once every 3 years thereafter.

     SEC. 10406. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE.

       (a) Abolishment.--The Minerals Management Service is 
     abolished.
       (b) Completed Administrative Actions.--
       (1) In general.--Completed administrative actions of the 
     Minerals Management Service shall not be affected by the 
     enactment of this Act, but shall continue in effect according 
     to their terms until amended, modified, superseded, 
     terminated, set aside, or revoked in accordance with law by 
     an officer of the United States or a court of competent 
     jurisdiction, or by operation of law.
       (2) Completed administrative action defined.--For purposes 
     of paragraph (1), the term ``completed administrative 
     action'' includes orders, determinations, memoranda of 
     understanding, memoranda of agreements, rules, regulations, 
     personnel actions, permits, agreements, grants, contracts, 
     certificates, licenses, registrations, and privileges.
       (c) Pending Proceedings.--Subject to the authority of the 
     Secretary of the Interior and the officers of the Department 
     of the Interior under this title--
       (1) pending proceedings in the Minerals Management Service, 
     including notices of proposed rulemaking, and applications 
     for licenses, permits, certificates, grants, and financial 
     assistance, shall continue, notwithstanding the enactment of 
     this Act or the vesting of functions of the Service in 
     another agency, unless discontinued or modified under the 
     same terms and conditions and to the same extent that such 
     discontinuance or modification could have occurred if this 
     title had not been enacted; and
       (2) orders issued in such proceedings, and appeals 
     therefrom, and payments made pursuant to such orders, shall 
     issue in the same manner and on the same terms as if this 
     title had not been enacted, and any such orders shall 
     continue in effect until amended, modified, superseded, 
     terminated, set aside, or revoked by an officer of the United 
     States or a court of competent jurisdiction, or by operation 
     of law.
       (d) Pending Civil Actions.--Subject to the authority of the 
     Secretary of the Interior or any officer of the Department of 
     the Interior under this title, pending civil actions shall 
     continue notwithstanding the enactment of this Act, and in 
     such civil actions, proceedings shall be had, appeals taken, 
     and judgments rendered and enforced in the same manner and 
     with the same effect as if such enactment had not occurred.
       (e) References.--References relating to the Minerals 
     Management Service in statutes, Executive orders, rules, 
     regulations, directives, or delegations of authority that 
     precede the effective date of this Act are deemed to refer, 
     as appropriate, to the Department, to its officers, 
     employees, or agents, or to its corresponding organizational 
     units or functions. Statutory reporting requirements that 
     applied in relation to the Minerals Management Service 
     immediately before the effective date of this title shall 
     continue to apply.

     SEC. 10407. CONFORMING AMENDMENTS TO EXECUTIVE SCHEDULE PAY 
                   RATES.

       (a) Under Secretary for Energy, Lands, and Minerals.--
     Section 5314 of title 5, United States Code, is amended by 
     inserting after the item relating to ``Under Secretaries of 
     the Treasury (3).'' the following:
       ``Under Secretary for Energy, Lands, and Minerals, 
     Department of the Interior.''.
       (b) Assistant Secretaries.--Section 5315 of title 5, United 
     States Code, is amended by striking ``Assistant Secretaries 
     of the Interior (6).'' and inserting the following:
       ``Assistant Secretaries, Department of the Interior (7).''.
       (c) Directors.--Section 5316 of title 5, United States 
     Code, is amended by striking ``Director, Bureau of Mines, 
     Department of the Interior.'' and inserting the following new 
     items:
       ``Director, Bureau of Ocean Energy, Department of the 
     Interior.
       ``Director, Ocean Energy Safety Service, Department of the 
     Interior.
       ``Director, Office of Natural Resources Revenue, Department 
     of the Interior.''.

     SEC. 10408. OUTER CONTINENTAL SHELF ENERGY SAFETY ADVISORY 
                   BOARD.

       (a) Establishment.--The Secretary of the Interior shall 
     establish, under the Federal Advisory Committee Act, an Outer 
     Continental Shelf Energy Safety Advisory Board (referred to 
     in this section as the ``Board'')--
       (1) to provide the Secretary and the Directors established 
     by this title with independent scientific and technical 
     advice on safe, responsible, and timely mineral and renewable 
     energy exploration, development, and production activities; 
     and
       (2) to review operations of the National Offshore Energy 
     Health and Safety Academy established under section 10403(d), 
     including submitting to the Secretary recommendations of 
     curriculum to ensure training scientific and technical 
     advancements.
       (b) Membership.--
       (1) Size.--The Board shall consist of not more than 11 
     members, who--
       (A) shall be appointed by the Secretary based on their 
     expertise in oil and gas drilling, well design, operations, 
     well containment and oil spill response; and
       (B) must have significant scientific, engineering, 
     management, and other credentials and a history of working in 
     the field related to safe energy exploration, development, 
     and production activities.
       (2) Consultation and nominations.--The Secretary shall 
     consult with the National Academy of Sciences and the 
     National Academy of Engineering to identify potential 
     candidates for the Board and shall take nominations from the 
     public.
       (3) Term.--The Secretary shall appoint Board members to 
     staggered terms of not more than 4 years, and shall not 
     appoint a member for more than 2 consecutive terms.
       (4) Balance.--In appointing members to the Board, the 
     Secretary shall ensure a balanced representation of industry 
     and research interests.
       (c) Chair.--The Secretary shall appoint the Chair for the 
     Board from among its members.
       (d) Meetings.--The Board shall meet not less than 3 times 
     per year and shall host, at least once per year, a public 
     forum to review and assess the overall energy safety 
     performance of Outer Continental Shelf mineral and renewable 
     energy resource activities.
       (e) Offshore Drilling Safety Assessments and 
     Recommendations.--As part of its duties under this section, 
     the Board shall, by not later than 180 days after the date of 
     enactment of this section and every 5 years thereafter, 
     submit to the Secretary a report that--
       (1) assesses offshore oil and gas well control 
     technologies, practices, voluntary standards, and regulations 
     in the United States and elsewhere; and
       (2) as appropriate, recommends modifications to the 
     regulations issued under this title to ensure adequate 
     protection of safety and the environment, including 
     recommendations on how to reduce regulations and 
     administrative actions that are duplicative or unnecessary.
       (f) Reports.--Reports of the Board shall be submitted by 
     the Board to the Committee on Natural Resources of the House 
     or Representatives and the Committee on Energy and Natural 
     Resources of the Senate and made available to the public in 
     electronically accessible form.
       (g) Travel Expenses.--Members of the Board, other than 
     full-time employees of the Federal Government, while 
     attending meeting of the Board or while otherwise serving at 
     the request of the Secretary or the Director while serving 
     away from their homes or regular places of business, may be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code, for individuals in the Government serving 
     without pay.

     SEC. 10409. OUTER CONTINENTAL SHELF INSPECTION FEES.

       Section 22 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1348) is amended by adding at the end of the section 
     the following:
       ``(g) Inspection Fees.--
       ``(1) Establishment.--The Secretary of the Interior shall 
     collect from the operators of facilities subject to 
     inspection under subsection (c) non-refundable fees for such 
     inspections--
       ``(A) at an aggregate level equal to the amount necessary 
     to offset the annual expenses of inspections of outer 
     Continental Shelf facilities (including mobile offshore 
     drilling units) by the Department of the Interior; and
       ``(B) using a schedule that reflects the differences in 
     complexity among the classes of facilities to be inspected.
       ``(2) Ocean energy safety fund.--There is established in 
     the Treasury a fund, to be known as the `Ocean Energy 
     Enforcement Fund' (referred to in this subsection as the 
     `Fund'), into which shall be deposited all amounts collected 
     as fees under paragraph (1) and which shall be available as 
     provided under paragraph (3).
       ``(3) Availability of fees.--
       ``(A) In general.--Notwithstanding section 3302 of title 
     31, United States Code, all amounts deposited in the Fund--
       ``(i) shall be credited as offsetting collections;
       ``(ii) shall be available for expenditure for purposes of 
     carrying out inspections of outer Continental Shelf 
     facilities (including mobile offshore drilling units) and the 
     administration of the inspection program under this section;
       ``(iii) shall be available only to the extent provided for 
     in advance in an appropriations Act; and
       ``(iv) shall remain available until expended.
       ``(B) Use for field offices.--Not less than 75 percent of 
     amounts in the Fund may be appropriated for use only for the 
     respective Department of the Interior field offices where the 
     amounts were originally assessed as fees.
       ``(4) Initial fees.--Fees shall be established under this 
     subsection for the fiscal year in which this subsection takes 
     effect and the subsequent 10 years, and shall not be raised 
     without advise and consent of the Congress, except as 
     determined by the Secretary to be appropriate as an 
     adjustment equal to the percentage by which the Consumer 
     Price Index for the month of June of the calendar year 
     preceding the adjustment exceeds the Consumer Price Index for 
     the month of June of the calendar year in which the claim was 
     determined or last adjusted.
       ``(5) Annual fees.--Annual fees shall be collected under 
     this subsection for facilities that are above the waterline, 
     excluding drilling rigs, and are in place at the start of the 
     fiscal year. Fees for fiscal year 2013 shall be--
       ``(A) $10,500 for facilities with no wells, but with 
     processing equipment or gathering lines;
       ``(B) $17,000 for facilities with 1 to 10 wells, with any 
     combination of active or inactive wells; and
       ``(C) $31,500 for facilities with more than 10 wells, with 
     any combination of active or inactive wells.
       ``(6) Fees for drilling rigs.--Fees for drilling rigs shall 
     be assessed under this subsection

[[Page H5778]]

     for all inspections completed in fiscal years 2015 through 
     2024. Fees for fiscal year 2015 shall be--
       ``(A) $30,500 per inspection for rigs operating in water 
     depths of 1,000 feet or more; and
       ``(B) $16,700 per inspection for rigs operating in water 
     depths of less than 1,000 feet.
       ``(7) Billing.--The Secretary shall bill designated 
     operators under paragraph (5) within 60 days after the date 
     of the inspection, with payment required within 30 days of 
     billing. The Secretary shall bill designated operators under 
     paragraph (6) within 30 days of the end of the month in which 
     the inspection occurred, with payment required within 30 days 
     after billing.
       ``(8) Sunset.--No fee may be collected under this 
     subsection for any fiscal year after fiscal year 2024.
       ``(9) Annual reports.--
       ``(A) In general.--Not later than 60 days after the end of 
     each fiscal year beginning with fiscal year 2015, the 
     Secretary shall submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report on the 
     operation of the Fund during the fiscal year.
       ``(B) Contents.--Each report shall include, for the fiscal 
     year covered by the report, the following:
       ``(i) A statement of the amounts deposited into the Fund.
       ``(ii) A description of the expenditures made from the Fund 
     for the fiscal year, including the purpose of the 
     expenditures and the additional hiring of personnel.
       ``(iii) A statement of the balance remaining in the Fund at 
     the end of the fiscal year.
       ``(iv) An accounting of pace of permit approvals.
       ``(v) If fee increases are proposed after the initial 10-
     year period referred to in paragraph (5), a proper accounting 
     of the potential adverse economic impacts such fee increases 
     will have on offshore economic activity and overall 
     production, conducted by the Secretary.
       ``(vi) Recommendations to increase the efficacy and 
     efficiency of offshore inspections.
       ``(vii) Any corrective actions levied upon offshore 
     inspectors as a result of any form of misconduct.''.

     SEC. 10410. PROHIBITION ON ACTION BASED ON NATIONAL OCEAN 
                   POLICY DEVELOPED UNDER EXECUTIVE ORDER NO. 
                   13547.

       (a) Prohibition.--The Bureau of Ocean Energy and the Ocean 
     Energy Safety Service may not develop, propose, finalize, 
     administer, or implement, any limitation on activities under 
     their jurisdiction as a result of the coastal and marine 
     spatial planning component of the National Ocean Policy 
     developed under Executive Order No. 13547.
       (b) Report on Expenditures.--Not later than 60 days after 
     the date of enactment of this Act, the President shall submit 
     a report to the Committee on Natural Resources of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate identifying all Federal expenditures 
     in fiscal years 2011, 2012, 2013, and 2014 by the Bureau of 
     Ocean Energy and the Ocean Energy Safety Service and their 
     predecessor agencies, by agency, account, and any pertinent 
     subaccounts, for the development, administration, or 
     implementation of the coastal and marine spatial planning 
     component of the National Ocean Policy developed under 
     Executive Order No. 13547, including staff time, travel, and 
     other related expenses.

                 Subtitle E--United States Territories

     SEC. 10501. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT 
                   WITH RESPECT TO TERRITORIES OF THE UNITED 
                   STATES.

       Section 2 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1331) is amended--
       (1) in paragraph (a), by inserting after ``control'' the 
     following: ``or lying within the United States exclusive 
     economic zone and the Continental Shelf adjacent to any 
     territory of the United States'';
       (2) in paragraph (p), by striking ``and'' after the 
     semicolon at the end;
       (3) in paragraph (q), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(r) The term `State' includes each territory of the 
     United States.''.

                  Subtitle F--Miscellaneous Provisions

     SEC. 10601. RULES REGARDING DISTRIBUTION OF REVENUES UNDER 
                   GULF OF MEXICO ENERGY SECURITY ACT OF 2006.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     issue rules to provide more clarity, certainty, and stability 
     to the revenue streams contemplated by the Gulf of Mexico 
     Energy Security Act of 2006 (43 U.S.C. 1331 note).
       (b) Contents.--The rules shall include clarification of the 
     timing and methods of disbursements of funds under section 
     105(b)(2) of such Act.

     SEC. 10602. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL 
                   SHELF REVENUES.

       Section 105(f)(1) of the Gulf of Mexico Energy Security Act 
     of 2006 (title I of division C of Public Law 109-432; 43 
     U.S.C. 1331 note) shall be applied by substituting ``2024, 
     and shall not exceed $999,999,999 for each of fiscal years 
     2025 through 2055'' for ``2055''.

                      Subtitle G--Judicial Review

     SEC. 10701. TIME FOR FILING COMPLAINT.

       (a) In General.--Any cause of action that arises from a 
     covered energy decision must be filed not later than the end 
     of the 60-day period beginning on the date of the covered 
     energy decision. Any cause of action not filed within this 
     time period shall be barred.
       (b) Exception.--Subsection (a) shall not apply to a cause 
     of action brought by a party to a covered energy lease.

     SEC. 10702. DISTRICT COURT DEADLINE.

       (a) In General.--All proceedings that are subject to 
     section 10701--
       (1) shall be brought in the United States district court 
     for the district in which the Federal property for which a 
     covered energy lease is issued is located or the United 
     States District Court of the District of Columbia;
       (2) shall be resolved as expeditiously as possible, and in 
     any event not more than 180 days after such cause or claim is 
     filed; and
       (3) shall take precedence over all other pending matters 
     before the district court.
       (b) Failure to Comply With Deadline.--If an interlocutory 
     or final judgment, decree, or order has not been issued by 
     the district court by the deadline described under this 
     section, the cause or claim shall be dismissed with prejudice 
     and all rights relating to such cause or claim shall be 
     terminated.

     SEC. 10703. ABILITY TO SEEK APPELLATE REVIEW.

       An interlocutory or final judgment, decree, or order of the 
     district court in a proceeding that is subject to section 
     10701 may be reviewed by the U.S. Court of Appeals for the 
     District of Columbia Circuit. The D.C. Circuit shall resolve 
     any such appeal as expeditiously as possible and, in any 
     event, not more than 180 days after such interlocutory or 
     final judgment, decree, or order of the district court was 
     issued.

     SEC. 10704. LIMITATION ON SCOPE OF REVIEW AND RELIEF.

       (a) Administrative Findings and Conclusions.--In any 
     judicial review of any Federal action under this subtitle, 
     any administrative findings and conclusions relating to the 
     challenged Federal action shall be presumed to be correct 
     unless shown otherwise by clear and convincing evidence 
     contained in the administrative record.
       (b) Limitation on Prospective Relief.--In any judicial 
     review of any action, or failure to act, under this subtitle, 
     the Court shall not grant or approve any prospective relief 
     unless the Court finds that such relief is narrowly drawn, 
     extends no further than necessary to correct the violation of 
     a Federal law requirement, and is the least intrusive means 
     necessary to correct the violation concerned.

     SEC. 10705. LEGAL FEES.

       Any person filing a petition seeking judicial review of any 
     action, or failure to act, under this subtitle who is not a 
     prevailing party shall pay to the prevailing parties 
     (including intervening parties), other than the United 
     States, fees and other expenses incurred by that party in 
     connection with the judicial review, unless the Court finds 
     that the position of the person was substantially justified 
     or that special circumstances make an award unjust.

     SEC. 10706. EXCLUSION.

       This subtitle shall not apply with respect to disputes 
     between the parties to a lease issued pursuant to an 
     authorizing leasing statute regarding the obligations of such 
     lease or the alleged breach thereof.

     SEC. 10707. DEFINITIONS.

       In this subtitle, the following definitions apply:
       (1) Covered energy decision.--The term ``covered energy 
     decision'' means any action or decision by a Federal official 
     regarding the issuance of a covered energy lease.
       (2) Covered energy lease.--The term ``covered energy 
     lease'' means any lease under this title or under an oil and 
     gas leasing program under this title.

          TITLE II--ONSHORE FEDERAL LANDS AND ENERGY SECURITY

           Subtitle A--Federal Lands Jobs and Energy Security

     SEC. 21001. SHORT TITLE.

       This subtitle may be cited as the ``Federal Lands Jobs and 
     Energy Security Act''.

     SEC. 21002. POLICIES REGARDING BUYING, BUILDING, AND WORKING 
                   FOR AMERICA.

       (a) Congressional Intent.--It is the intent of the Congress 
     that--
       (1) this subtitle 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;
       (2) to ensure a robust onshore energy production industry 
     and ensure that the benefits of development support local 
     communities, under this subtitle, the Secretary shall make 
     every effort to promote the development of onshore American 
     energy, and shall take into consideration the socioeconomic 
     impacts, infrastructure requirements, and fiscal stability 
     for local communities located within areas containing onshore 
     energy resources; and
       (3) the Congress will monitor the deployment of personnel 
     and material onshore to encourage the development of American 
     manufacturing to enable United States workers to benefit from 
     this subtitle through good jobs and careers, as well as the 
     establishment of important industrial facilities to support 
     expanded access to American 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 subtitle.

           CHAPTER 1--ONSHORE OIL AND GAS PERMIT STREAMLINING

     SEC. 21101. SHORT TITLE.

       This chapter may be cited as the ``Streamlining Permitting 
     of American Energy Act of 2014''.

[[Page H5779]]

     Subchapter A--Application for Permits to Drill Process Reform

     SEC. 21111. PERMIT TO DRILL APPLICATION TIMELINE.

       Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 
     226(p)(2)) is amended to read as follows:
       ``(2) Applications for permits to drill reform and 
     process.--
       ``(A) Timeline.--The Secretary shall decide whether to 
     issue a permit to drill within 30 days after receiving an 
     application for the permit. The Secretary may extend such 
     period for up to 2 periods of 15 days each, if the Secretary 
     has given written notice of the delay to the applicant. The 
     notice shall be in the form of a letter from the Secretary or 
     a designee of the Secretary, and shall include the names and 
     titles of the persons processing the application, the 
     specific reasons for the delay, and a specific date a final 
     decision on the application is expected.
       ``(B) Notice of reasons for denial.--If the application is 
     denied, the Secretary shall provide the applicant--
       ``(i) in writing, clear and comprehensive reasons why the 
     application was not accepted and detailed information 
     concerning any deficiencies; and
       ``(ii) an opportunity to remedy any deficiencies.
       ``(C) Application deemed 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 is received 
     by the Secretary, the application is deemed approved, except 
     in cases in which existing reviews under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are 
     incomplete.
       ``(D) Denial of permit.--If the Secretary decides not to 
     issue a permit to drill in accordance with subparagraph (A), 
     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.
       ``(E) Fee.--
       ``(i) In general.--Notwithstanding any other 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 subparagraph 
     (A). This fee shall not apply to any resubmitted application.
       ``(ii) Treatment of permit processing fee.--Of all fees 
     collected under this paragraph, 50 percent shall be 
     transferred to the field office where they are collected and 
     used to process protests, leases, and permits under this Act 
     subject to appropriation.''.

       Subchapter B--Administrative Protest Documentation Reform

     SEC. 21121. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.

       Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) 
     is further amended by adding at the end the following:
       ``(4) Protest fee.--
       ``(A) In general.--The Secretary shall collect a $5,000 
     documentation fee to accompany each protest for a lease, 
     right of way, or application for permit to drill.
       ``(B) Treatment of fees.--Of all fees collected under this 
     paragraph, 50 percent shall remain in the field office where 
     they are collected and used to process protests subject to 
     appropriation.''.

                   Subchapter C--Permit Streamlining

     SEC. 21131. MAKING PILOT OFFICES PERMANENT TO IMPROVE ENERGY 
                   PERMITTING ON FEDERAL LANDS.

       (a) Establishment.--The Secretary of the Interior (referred 
     to in this section as the ``Secretary'') shall establish a 
     Federal Permit Streamlining Project (referred to in this 
     section as the ``Project'') in every Bureau of Land 
     Management field office with responsibility for permitting 
     energy projects on Federal land.
       (b) 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 for purposes of this section 
     with--
       (A) the Secretary of Agriculture;
       (B) the Administrator of the Environmental Protection 
     Agency; and
       (C) the Chief of the Army Corps of Engineers.
       (2) State participation.--The Secretary may request that 
     the Governor of any State with energy projects on Federal 
     lands to be a signatory to the memorandum of understanding.
       (c) 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 (b), 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 employee's 
     home agency; and
       (C) participate as part of the team of personnel working on 
     proposed energy projects, planning, and environmental 
     analyses on Federal lands.
       (d) Additional Personnel.--The Secretary shall assign to 
     each Bureau of Land Management field office identified in 
     subsection (a) 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 mandate of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.).
       (e) Funding.--Funding for the additional personnel shall 
     come from the Department of the Interior reforms identified 
     in sections 21111 and 21121.
       (f) 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.
       (g) Definition.--For purposes of this section the term 
     ``energy projects'' includes oil, natural gas, and other 
     energy projects as defined by the Secretary.

     SEC. 21132. ADMINISTRATION OF CURRENT LAW.

       Notwithstanding any other 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).

                     Subchapter D--Judicial Review

     SEC. 21141. DEFINITIONS.

       In this subchapter--
       (1) 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 lands of the United States; and
       (2) the term ``covered energy project'' means the leasing 
     of Federal lands of the United States for the exploration, 
     development, production, processing, or transmission of oil, 
     natural gas, or any other source of energy, and any action 
     under such a lease, except that the term does not include any 
     disputes between the parties to a lease regarding the 
     obligations under such lease, including regarding any alleged 
     breach of the lease.

     SEC. 21142. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS 
                   RELATING TO COVERED ENERGY PROJECTS.

       Venue for any covered civil action shall lie in the 
     district court where the project or leases exist or are 
     proposed.

     SEC. 21143. TIMELY FILING.

       To ensure timely redress by the courts, a covered civil 
     action must be filed no later than the end of the 90-day 
     period beginning on the date of the final Federal agency 
     action to which it relates.

     SEC. 21144. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

       The court shall endeavor to hear and determine any covered 
     civil action as expeditiously as possible.

     SEC. 21145. STANDARD OF REVIEW.

       In any judicial review of a covered civil action, 
     administrative findings and conclusions relating to the 
     challenged Federal action or decision shall be presumed to be 
     correct, and the presumption may be rebutted only by the 
     preponderance of the evidence contained in the administrative 
     record.

     SEC. 21146. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

       In a covered civil action, the court shall not grant or 
     approve any prospective relief unless the court finds that 
     such relief is narrowly drawn, extends no further than 
     necessary to correct the violation of a legal requirement, 
     and is the least intrusive means necessary to correct that 
     violation. In addition, courts shall limit the duration of 
     preliminary injunctions to halt covered energy projects to no 
     more than 60 days, unless the court finds clear reasons to 
     extend the injunction. In such cases of extensions, such 
     extensions shall only be in 30-day increments and shall 
     require action by the court to renew the injunction.

     SEC. 21147. LIMITATION ON ATTORNEYS' FEES.

       Sections 504 of title 5, United States Code, and 2412 of 
     title 28, United States Code, (together commonly called the 
     Equal Access to Justice Act) do not apply to a covered civil 
     action, nor shall any party in such a covered civil action 
     receive payment from the Federal Government for their 
     attorneys' fees, expenses, and other court costs.

     SEC. 21148. LEGAL STANDING.

       Challengers filing appeals with the Department of the 
     Interior Board of Land Appeals shall meet the same standing 
     requirements as challengers before a United States district 
     court.

         Subchapter E--Knowing America's Oil and Gas Resources

     SEC. 21151. FUNDING OIL AND GAS RESOURCE ASSESSMENTS.

       (a) In General.--The Secretary of the Interior shall 
     provide matching funding for joint projects with States to 
     conduct oil and gas resource assessments on Federal lands 
     with significant oil and gas potential.
       (b) Cost Sharing.--The Federal share of the cost of 
     activities under this section shall not exceed 50 percent.
       (c) Resource Assessment.--Any resource assessment under 
     this section shall be conducted by a State, in consultation 
     with the United States Geological Survey.

[[Page H5780]]

       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     a total of $50,000,000 for fiscal years 2015 through 2018.

                CHAPTER 2--OIL AND GAS LEASING CERTAINTY

     SEC. 21201. SHORT TITLE.

       This chapter may be cited as the ``Providing Leasing 
     Certainty for American Energy Act of 2014''.

     SEC. 21202. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE 
                   SALES.

       In conducting lease sales as required by section 17(a) of 
     the Mineral Leasing Act (30 U.S.C. 226(a)), each year the 
     Secretary of the Interior shall perform the following:
       (1) The Secretary shall offer for sale no less than 25 
     percent of the annual nominated acreage not previously made 
     available for lease. Acreage offered for lease pursuant to 
     this paragraph shall not be subject to protest and shall be 
     eligible for categorical exclusions under section 390 of the 
     Energy Policy Act of 2005 (42 U.S.C. 15942), except that it 
     shall not be subject to the test of extraordinary 
     circumstances.
       (2) In administering this section, the Secretary shall only 
     consider leasing of Federal lands that are available for 
     leasing at the time the lease sale occurs.

     SEC. 21203. LEASING CERTAINTY.

       Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) 
     is amended by inserting ``(1)'' before ``All lands'', and by 
     adding at the end the following:
       ``(2)(A) The Secretary shall not withdraw any covered 
     energy project issued under this Act without finding a 
     violation of the terms of the lease by the lessee.
       ``(B) The Secretary shall not infringe upon 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 such a lease.
       ``(C) No later than 18 months after an area is designated 
     as open under the current land use plan the Secretary shall 
     make available nominated areas for lease under the criteria 
     in section 2.
       ``(D) Notwithstanding any other law, the Secretary shall 
     issue all leases sold no later than 60 days after the last 
     payment is made.
       ``(E) 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) Not later than 60 days after a lease sale held under 
     this Act, the Secretary shall adjudicate any lease protests 
     filed following a lease sale. If after 60 days any protest is 
     left unsettled, said protest is automatically denied and 
     appeal rights of the protestor begin.
       ``(G) No additional lease stipulations may be added after 
     the parcel is sold without consultation and agreement of the 
     lessee, unless the Secretary deems such stipulations as 
     emergency actions to conserve the resources of the United 
     States.''.

     SEC. 21204. LEASING CONSISTENCY.

       Federal land managers must follow existing resource 
     management plans and continue to actively lease in areas 
     designated as open when resource management plans are being 
     amended or revised, until such time as a new record of 
     decision is signed.

     SEC. 21205. REDUCE REDUNDANT POLICIES.

       Bureau of Land Management Instruction Memorandum 2010-117 
     shall have no force or effect.

     SEC. 21206. STREAMLINED CONGRESSIONAL NOTIFICATION.

       Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) 
     is amended in the matter following paragraph (4) by striking 
     ``at least thirty days in advance of the reinstatement'' and 
     inserting ``in an annual report''.

                          CHAPTER 3--OIL SHALE

     SEC. 21301. SHORT TITLE.

       This chapter may be cited as the ``Protecting Investment in 
     Oil Shale the Next Generation of Environmental, Energy, and 
     Resource Security Act'' or the ``PIONEERS Act''.

     SEC. 21302. EFFECTIVENESS OF OIL SHALE REGULATIONS, 
                   AMENDMENTS TO RESOURCE MANAGEMENT PLANS, AND 
                   RECORD OF DECISION.

       (a) Regulations.--Notwithstanding any other law or 
     regulation to the contrary, the final regulations regarding 
     oil shale management published by the Bureau of Land 
     Management on November 18, 2008 (73 Fed. Reg. 69,414) are 
     deemed to satisfy all legal and procedural requirements under 
     any law, including the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.), and the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     and the Secretary of the Interior shall implement those 
     regulations, including the oil shale leasing program 
     authorized by the regulations, without any other 
     administrative action necessary.
       (b) Amendments to Resource Management Plans and Record of 
     Decision.--Notwithstanding any other law or regulation to the 
     contrary, the November 17, 2008 U.S. Bureau of Land 
     Management Approved Resource Management Plan Amendments/
     Record of Decision for Oil Shale and Tar Sands Resources to 
     Address Land Use Allocations in Colorado, Utah, and Wyoming 
     and Final Programmatic Environmental Impact Statement are 
     deemed to satisfy all legal and procedural requirements under 
     any law, including the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.), and the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     and the Secretary of the Interior shall implement the oil 
     shale leasing program authorized by the regulations referred 
     to in subsection (a) in those areas covered by the resource 
     management plans amended by such amendments, and covered by 
     such record of decision, without any other administrative 
     action necessary.

     SEC. 21303. OIL SHALE LEASING.

       (a) Additional Research and Development Lease Sales.--The 
     Secretary of the Interior shall hold a lease sale within 180 
     days after the date of enactment of this Act offering an 
     additional 10 parcels for lease for research, development, 
     and demonstration of oil shale resources, under the terms 
     offered in the solicitation of bids for such leases published 
     on January 15, 2009 (74 Fed. Reg. 10).
       (b) Commercial Lease Sales.--No later than January 1, 2016, 
     the Secretary of the Interior shall hold no less than 5 
     separate commercial lease sales in areas considered to have 
     the most potential for oil shale development, as determined 
     by the Secretary, in areas nominated through public comment. 
     Each lease sale shall be for an area of not less than 25,000 
     acres, and in multiple lease blocs.

                  CHAPTER 4--MISCELLANEOUS PROVISIONS

     SEC. 21401. RULE OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to authorize 
     the issuance of a lease under the Mineral Leasing Act (30 
     U.S.C. 181 et seq.) to any person designated for the 
     imposition of sanctions pursuant to--
       (1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), 
     the Comprehensive Iran Sanctions, Accountability and 
     Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran 
     Threat Reduction and Syria Human Rights Act of 2012 (22 
     U.S.C. 8701 et seq.), section 1245 of the National Defense 
     Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or 
     the Iran Freedom and Counter-Proliferation Act of 2012 (22 
     U.S.C. 8801 et seq.);
       (2) Executive Order No. 13622 (July 30, 2012), Executive 
     Order No. 13628 (October 9, 2012), or Executive Order No. 
     13645 (June 3, 2013);
       (3) Executive Order No. 13224 (September 23, 2001) or 
     Executive Order No. 13338 (May 11, 2004); or
       (4) the Syria Accountability and Lebanese Sovereignty 
     Restoration Act of 2003 (22 U.S.C. 2151 note).

                Subtitle B--Planning for American Energy

     SEC. 22001. SHORT TITLE.

       This subtitle may be cited as the ``Planning for American 
     Energy Act of 2014''.

     SEC. 22002. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC 
                   PLAN.

       (a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et 
     seq.) is amended by redesignating section 44 as section 45, 
     and by inserting after section 43 the following:

     ``SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY 
                   PRODUCTION STRATEGY.

       ``(a) In General.--
       ``(1) The Secretary of the Interior (hereafter in this 
     section referred to as `Secretary'), in consultation with the 
     Secretary of Agriculture with regard to lands administered by 
     the Forest Service, shall develop and publish every 4 years a 
     Quadrennial Federal Onshore Energy Production Strategy. This 
     Strategy shall direct Federal land energy development and 
     department resource allocation in order to promote the energy 
     and national security of the United States in accordance with 
     Bureau of Land Management's mission of promoting the multiple 
     use of Federal lands as set forth in the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1701 et seq.).
       ``(2) In developing this Strategy, the Secretary shall 
     consult with the Administrator of the Energy Information 
     Administration on the projected energy demands of the United 
     States for the next 30-year period, and how energy derived 
     from Federal onshore lands can put the United States on a 
     trajectory to meet that demand during the next 4-year period. 
     The Secretary shall consider how Federal lands will 
     contribute to ensuring national energy security, with a goal 
     for increasing energy independence and production, during the 
     next 4-year period.
       ``(3) The Secretary shall determine a domestic strategic 
     production objective for the development of energy resources 
     from Federal onshore lands. Such objective shall be--
       ``(A) the best estimate, based upon commercial and 
     scientific data, of the expected increase in domestic 
     production of oil and natural gas from the Federal onshore 
     mineral estate, with a focus on lands held by the Bureau of 
     Land Management and the Forest Service;
       ``(B) the best estimate, based upon commercial and 
     scientific data, of the expected increase in domestic coal 
     production from Federal lands;
       ``(C) the best estimate, based upon commercial and 
     scientific data, of the expected increase in domestic 
     production of strategic and critical energy minerals from the 
     Federal onshore mineral estate;
       ``(D) the best estimate, based upon commercial and 
     scientific data, of the expected increase in megawatts for 
     electricity production from each of the following sources: 
     wind, solar, biomass, hydropower, and geothermal energy 
     produced on Federal lands administered by the Bureau of Land 
     Management and the Forest Service;
       ``(E) the best estimate, based upon commercial and 
     scientific data, of the expected increase in unconventional 
     energy production, such as oil shale;
       ``(F) the best estimate, based upon commercial and 
     scientific data, of the expected increase in domestic 
     production of oil, natural gas, coal, and other renewable 
     sources from tribal lands for any federally recognized Indian 
     tribe that elects to participate in facilitating energy 
     production on its lands;
       ``(G) the best estimate, based upon commercial and 
     scientific data, of the expected increase in

[[Page H5781]]

     production of helium on Federal lands administered by the 
     Bureau of Land Management and the Forest Service; and
       ``(H) the best estimate, based upon commercial and 
     scientific data, of the expected increase in domestic 
     production of geothermal, solar, wind, or other renewable 
     energy sources from `available lands' (as such term is 
     defined in section 203 of the Hawaiian Homes Commission Act, 
     1920 (42 Stat. 108 et seq.), and including any other lands 
     deemed by the Territory or State of Hawaii, as the case may 
     be, to be included within that definition) that the agency or 
     department of the government of the State of Hawaii that is 
     responsible for the administration of such lands selects to 
     be used for such energy production.
       ``(4) The Secretary shall consult with the Administrator of 
     the Energy Information Administration regarding the 
     methodology used to arrive at its estimates for purposes of 
     this section.
       ``(5) The Secretary has the authority to expand the energy 
     development plan to include other energy production 
     technology sources or advancements in energy on Federal 
     lands.
       ``(6) The Secretary shall include in the Strategy a plan 
     for addressing new demands for transmission lines and 
     pipelines for distribution of oil and gas across Federal 
     lands to ensure that energy produced can be distributed to 
     areas of need.
       ``(b) Tribal Objectives.--It is the sense of Congress that 
     federally recognized Indian tribes may elect to set their own 
     production objectives as part of the Strategy under this 
     section. The Secretary shall work in cooperation with any 
     federally recognized Indian tribe that elects to participate 
     in achieving its own strategic energy objectives designated 
     under this subsection.
       ``(c) Execution of the Strategy.--The relevant Secretary 
     shall have all necessary authority to make determinations 
     regarding which additional lands will be made available in 
     order to meet the production objectives established by 
     strategies under this section. The Secretary shall also take 
     all necessary actions to achieve these production objectives 
     unless the President determines that it is not in the 
     national security and economic interests of the United States 
     to increase Federal domestic energy production and to further 
     decrease dependence upon foreign sources of energy. In 
     administering this section, the relevant Secretary shall only 
     consider leasing Federal lands available for leasing at the 
     time the lease sale occurs.
       ``(d) State, Federally Recognized Indian Tribes, Local 
     Government, and Public Input.--In developing each strategy, 
     the Secretary shall solicit the input of affected States, 
     federally recognized Indian tribes, local governments, and 
     the public.
       ``(e) Reporting.--The Secretary shall report annually to 
     the Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate on the progress of meeting the 
     production goals set forth in the strategy. The Secretary 
     shall identify in the report projections for production and 
     capacity installations and any problems with leasing, 
     permitting, siting, or production that will prevent meeting 
     the goal. In addition, the Secretary shall make suggestions 
     to help meet any shortfalls in meeting the production goals.
       ``(f) Programmatic Environmental Impact Statement.--Not 
     later than 12 months after the date of enactment of this 
     section, 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. This programmatic environmental impact statement 
     will be deemed sufficient to comply with all requirements 
     under that Act for all necessary resource management and land 
     use plans associated with the implementation of the strategy.
       ``(g) Congressional Review.--At least 60 days prior to 
     publishing a proposed strategy under this section, the 
     Secretary shall submit it to the President and the Congress, 
     together with any comments received from States, federally 
     recognized Indian tribes, and local governments. Such 
     submission shall indicate why any specific recommendation of 
     a State, federally recognized Indian tribe, or local 
     government was not accepted.
       ``(h) Strategic and Critical Energy Minerals Defined.--For 
     purposes of this section, the term `strategic and critical 
     energy minerals' means those that are necessary for the 
     Nation's energy infrastructure including pipelines, refining 
     capacity, electrical power generation and transmission, and 
     renewable energy production and those that are necessary to 
     support domestic manufacturing, including but not limited to, 
     materials used in energy generation, production, and 
     transportation.''.
       (b) First Quadrennial Strategy.--Not later than 18 months 
     after the date of enactment of this Act, the Secretary of the 
     Interior shall submit to Congress the first Quadrennial 
     Federal Onshore Energy Production Strategy under the 
     amendment made by subsection (a).

        Subtitle C--National Petroleum Reserve in Alaska Access

     SEC. 23001. SHORT TITLE.

       This subtitle may be cited as the ``National Petroleum 
     Reserve Alaska Access Act''.

     SEC. 23002. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY 
                   FOR THE NATIONAL PETROLEUM RESERVE IN ALASKA.

       It is the sense of Congress that--
       (1) the National Petroleum Reserve in Alaska 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. 23003. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE 
                   SALES.

       Section 107(a) of the Naval Petroleum Reserves Production 
     Act of 1976 (42 U.S.C. 6506a(a)) is amended to read as 
     follows:
       ``(a) In General.--The Secretary shall conduct an 
     expeditious program of competitive leasing of oil and gas in 
     the reserve in accordance with this Act. Such program shall 
     include at least one lease sale annually in those areas of 
     the reserve most likely to produce commercial quantities of 
     oil and natural gas each year in the period 2014 through 
     2024.''.

     SEC. 23004. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING 
                   AND PERMITTING PIPELINE AND ROAD CONSTRUCTION.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of the Interior, in consultation with 
     other appropriate Federal agencies, shall facilitate and 
     ensure permits, in a timely and environmentally responsible 
     manner, for all surface development activities, including for 
     the construction of pipelines and roads, necessary to--
       (1) develop and bring into production any areas within the 
     National Petroleum Reserve in Alaska that are subject to oil 
     and gas leases; and
       (2) transport oil and gas from and through the National 
     Petroleum Reserve in Alaska in the most direct manner 
     possible to existing transportation or processing 
     infrastructure on the North Slope of Alaska.
       (b) Timeline.--The Secretary shall ensure that any Federal 
     permitting agency shall issue permits in accordance with the 
     following timeline:
       (1) Permits for such construction for transportation of oil 
     and natural gas produced under existing Federal oil and gas 
     leases with respect to which the Secretary has issued a 
     permit to drill shall be approved within 60 days after the 
     date of enactment of this Act.
       (2) Permits for such construction for transportation of oil 
     and natural gas produced under Federal oil and gas leases 
     shall be approved within 6 months after the submission to the 
     Secretary of a request for a permit to drill.
       (c) Plan.--To ensure timely future development of the 
     Reserve, within 270 days after the date of the 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 that will ensure that all 
     leasable tracts in the Reserve are within 25 miles of an 
     approved road and pipeline right-of-way that can serve future 
     development of the Reserve.

     SEC. 23005. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND 
                   ENVIRONMENTAL IMPACT STATEMENT.

       (a) Issuance of New Integrated Activity Plan.--The 
     Secretary of the Interior shall, within 180 days after the 
     date of enactment of this Act, issue--
       (1) a new proposed integrated activity plan from among the 
     non-adopted alternatives in the National Petroleum Reserve 
     Alaska Integrated Activity Plan Record of Decision issued by 
     the Secretary of the Interior and dated February 21, 2013; 
     and
       (2) an environmental impact statement under section 
     102(2)(C) of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4332(2)(C)) for issuance of oil and gas leases in 
     the National Petroleum Reserve-Alaska to promote efficient 
     and maximum development of oil and natural gas resources of 
     such reserve.
       (b) Nullification of Existing Record of Decision, IAP, and 
     EIS.--Except as provided in subsection (a), the National 
     Petroleum Reserve-Alaska Integrated Activity Plan Record of 
     Decision issued by the Secretary of the Interior and dated 
     February 21, 2013, including the integrated activity plan and 
     environmental impact statement referred to in that record of 
     decision, shall have no force or effect.

     SEC. 23006. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.

       The Secretary of the Interior shall issue regulations not 
     later than 180 days after the date of enactment of this Act 
     that establish clear requirements to ensure that the 
     Department of the Interior is supporting development of oil 
     and gas leases in the National Petroleum Reserve-Alaska.

     SEC. 23007. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY 
                   PLAN.

       At a minimum, the new proposed integrated activity plan 
     issued under section 23005(a)(1) shall--
       (1) require the Department of the Interior to respond 
     within 5 business days to a person who submits an application 
     for a permit for development of oil and natural gas leases in 
     the National Petroleum Reserve-Alaska acknowledging receipt 
     of such application; and
       (2) establish a timeline for the processing of each such 
     application, that--
       (A) specifies deadlines for decisions and actions on permit 
     applications; and
       (B) provide that the period for issuing each permit after 
     submission of such an application shall not exceed 60 days 
     without the concurrence of the applicant.

     SEC. 23008. 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 National 
     Petroleum Reserve in Alaska, including all conventional and 
     unconventional oil and natural gas.
       (b) Cooperation and Consultation.--The resource assessment 
     required by 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 required by subsection 
     (a) shall be completed within 24 months of the date of the 
     enactment of this Act.

[[Page H5782]]

       (d) Funding.--The United States Geological Survey may, in 
     carrying out the duties under this section, cooperatively use 
     resources and funds provided by the State of Alaska.

                 Subtitle D--BLM Live Internet Auctions

     SEC. 24001. SHORT TITLE.

       This subtitle may be cited as the ``BLM Live Internet 
     Auctions Act''.

     SEC. 24002. 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 
     inserting ``, except as provided in subparagraph (C)'' after 
     ``by oral bidding''; and
       (2) by adding at the end the following:
       ``(C) In order to diversify and expand the Nation's onshore 
     leasing program to ensure the best return to the Federal 
     taxpayer, reduce fraud, and secure the leasing process, the 
     Secretary may conduct onshore lease sales through Internet-
     based bidding methods. Each individual Internet-based lease 
     sale shall conclude within 7 days.''.
       (b) Report.--Not later than 90 days after the tenth 
     Internet-based lease sale conducted under the amendment made 
     by subsection (a), the Secretary of the Interior shall 
     analyze the first 10 such lease sales and report to Congress 
     the findings of the analysis. The report shall include--
       (1) estimates on increases or decreases in such lease 
     sales, compared to sales conducted by oral bidding, in--
       (A) the number of bidders;
       (B) the average amount of bid;
       (C) the highest amount bid; and
       (D) the lowest bid;
       (2) an estimate on the total cost or savings to the 
     Department of the Interior as a result of such sales, 
     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 provide an opportunity to better maximize bidder 
     participation, ensure the highest return to the Federal 
     taxpayers, minimize opportunities for fraud or collusion, and 
     ensure the security and integrity of the leasing process.

  The Acting CHAIR. No amendment to that amendment in the nature of a 
substitute shall be in order except those printed in House Report 113-
493. Each such amendment may be offered only in the order printed in 
the report, by a Member designated in the report, shall be considered 
read, shall be debatable for the time specified in the report, equally 
divided and controlled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for division 
of the question.


                 Amendment No. 1 Offered by Mr. Wittman

  The Acting CHAIR. It is now in order to consider amendment No. 1 
printed in House Report 113-493.
  Mr. WITTMAN. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 9, after line 17, add the following:

     SEC. __. ADDITION OF LEASE SALES AFTER FINALIZATION OF 5-YEAR 
                   PLAN.

       Section 18(d) of the Outer Continental Shelf Lands Act (43 
     U.S.C.1344(d)) is amended--
       (1) in paragraph (3), by striking ``After'' and inserting 
     ``Except as provided in paragraph (4), after''; and
       (2) by adding at the end the following:
       ``(4) The Secretary may add to the areas included in an 
     approved leasing program additional areas to be made 
     available for leasing under the program, if all review and 
     documents required under section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332) have been 
     completed with respect to leasing of each such additional 
     area within the 5-year period preceding such addition.''.

  The Acting CHAIR. Pursuant to House Resolution 641, the gentleman 
from Virginia (Mr. Wittman) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. WITTMAN. Madam Chairman, I yield myself such time as I may 
consume.
  Under current law, the Secretary of the Interior is not able to add 
any additional lease sales to a finalized 5-year plan, even if that 
area has been included in a draft plan and then withdrawn, so even if 
the work has been done to look at areas to include, he can't consider 
that in the final plan.
  This amendment is pretty simple. It provides the Secretary of the 
Interior the ability to add a lease sale to a finalized plan, as long 
as all of the NEPA requirements have been met on that specific area 
within the last 5 years.
  This is especially applicable to the case of Virginia Lease Sale 220 
which, as I stated, was studied and included in the environmental 
impact statement, though it was later postponed and canceled.
  I want to make sure that the Secretary has the ability to add that 
back into the plan, since all the work has already been done to look at 
the environmental impacts; and, again, it was included originally in 
the plan. The flexibility should be there for that to happen.
  Should this administration finalize the next 5-year plan early, that 
would mean the ensuing administration would not have any ability to add 
lease sales.
  This amendment ensures that already studied lease sales can be added 
to a 5-year plan, as long as existing environmental requirements are 
met.
  I urge my colleagues to support this amendment, and, Madam Chair, I 
reserve the balance of my time.
  Mr. DeFAZIO. Madam Chair, I yield myself such time as I may consume.
  Now, we have the idea of a 5-year planning process, a 5-year plan, 
and then, you can just add things to it, so really, it is kind of not 
really a 5-year plan anymore. It is meaningless.
  There is an urgent, urgent need for more leases offshore in sensitive 
areas, there really is--southern California, Virginia, Maine, areas 
that are incredibly productive in terms of their fisheries, that are 
heavily recreated, and have other uses.
  There is an urgent need to plop down some oil wells there because we 
have only exported 1.7 million barrels of oil and gasoline yesterday--
refined. There is a shortage, and that is why prices are high. If we 
just produced more in the most sensitive areas, without any 
environmental review, then the price would drop.
  Well, no, actually, production has doubled since the Republicans 
first passed this bill, its fifth year in a row--it is Groundhog Day in 
June.
  Now, they are still pretending. Actually, we heard a new argument 
yesterday: prices would be higher if we weren't exporting all of that 
diesel and gasoline, and the American Petroleum Institute hopes we will 
start soon acting like a colony and export crude oil to our friends in 
China and elsewhere, so they can make manufactured goods and sell them 
to us. Now, this is a great plan, and we are going to make it even 
better by not planning anymore.
  There are 36.1 million acres of land under lease onshore. We had an 
argument about that yesterday--that is half the bill--and 23.5 million 
are not in production, but we need to lease more. Offshore, 220 million 
acres are available under the current leasing plan, 33.2 million acres 
have been leased, and 28.1 million of those 33.2--that is a pretty high 
percentage--aren't producing, and that is about 85 percent.
  We need to lease more. We need to lease it now, so the oil companies 
can sit on it until they drive the price to $200 or $300 a barrel, 
which they will because we pay the royal price--we produce oil more 
cheaply here, but we pay the royal price.
  We are exporting gasoline and diesel and paying extortionate prices, 
and the oil companies are making obscene prices, and only if we didn't 
have a planning process and we leased in some more sensitive areas, 
price wouldn't go down.
  With that, I reserve the balance of my time.
  Mr. WITTMAN. Madam Chairman, I yield 3\1/2\ minutes to the gentleman 
from Washington (Mr. Hastings).
  Mr. HASTINGS of Washington. Madam Chair, I thank the gentleman for 
yielding, and I thank him for offering this amendment.
  In many ways, Madam Chairman, this is indicative of the bureaucratic 
hoops that people have to jump through. Now, keep in mind, this lease 
sale in Virginia went through all of the environmental hoops and then 
was taken off the roles, if you will.
  Under current law, you have to jump through the same environmental 
hoops again, notwithstanding the fact that all of the work has been 
done. I say this is indicative of what goes on with the bureaucracy in 
a great many ways throughout our country, but this is especially, I 
think, troubling to the people of Virginia because not only has their 
Governor and their legislature spoken very loudly that they would like 
to have an opportunity to drill offshore, to deny them that opportunity 
because of what I would call a bureaucratic morass of having to jump

[[Page H5783]]

through hoops doesn't make any sense at all.
  I think the gentleman's amendment makes immensely good sense, and I 
think it is something we should look at in a broader scale in a lot of 
other areas.
  I thank the gentleman for offering the amendment.
  Mr. DeFAZIO. Madam Chair, I believe I have the right to close, so I 
would reserve until the other side has concluded.
  Mr. WITTMAN. Madam Chairman, I yield myself such time as I may 
consume.
  As the chairman expressed, he is exactly correct. Virginia is 
interested in being able to develop Lease Sale 220, and it is a 
bipartisan interest. It is both of our Senators from Virginia, it is 
our Governor from Virginia, it is our general assembly from Virginia.
  There is broad bipartisan support in moving forward with offshore 
energy production. Virginia has the potential to be a leader in oil and 
gas development on the east coast.
  I, along with many in Virginia, was disappointed when the Department 
of Interior announced that Virginia would not be included in the 2012-
2017 Outer Continental Shelf Oil and Gas Leasing Program. It was in the 
plan originally.
  When the final plan came out, Lease Sale 220 was taken out and for no 
good apparent reason. We want the ability to be able to add it back 
because all the work has been done to have it there. We want to make 
sure the flexibility is there for the administration to do that.
  The Department's exclusion of Virginia from consideration essentially 
prevents the creation of thousands of great-paying jobs and around 
$19.5 billion in Federal, State, and local revenue.
  This amendment is a step forward for responsible offshore energy 
development and assures that decisions can be made in a timely way, 
especially when all of the environmental evaluation has already been 
done. We are not asking for any of that to be skipped.
  We are asking for the ability to add this into a plan outside of the 
5-year window. If this was removed from the plan for a reason, it ought 
to have the same opportunity to be included into the plan for a reason. 
That is what we are asking here, is for that to happen in a reasonable, 
thoughtful, and concerted way.

  I urge my colleagues to support this amendment, and, Madam Chairman, 
I yield back the balance of my time.
  Mr. DeFAZIO. Madam Chair, we had extensive debate yesterday, and it 
is really not worth revisiting today. We had the same debate last year. 
This bill passed and has languished in the Senate and will not go 
anywhere in the Senate. We had the same the year before, the year 
before, and the year before.
  You can pretend that you care about high oil prices at the same time 
while protecting the unbelievably obscene profits of the oil industry. 
You can pretend that the fact that they are sitting on 28.1 million 
acres of leases offshore that they have yet to develop doesn't exist 
and they need to lease more acreage.
  They basically sit on these leases for years and watch the value of 
their asset, which is the oil underneath, rise. They have no incentive, 
actually, to drill in many of these areas because they pay a de 
minimus--a few bucks an acre kind of lease on an annual basis--and, 
hey, what a great activity.
  Meanwhile, the speculators on Wall Street, according to the head of 
ExxonMobil--who is a pretty good authority--have jacked up the price 
because of speculation about 60 cents a gallon at the pump.
  So every American should know every time they go to the pump, they 
can thank speculators on Wall Street, and inaction on the Republican 
side of the aisle either attempts to delay any minimal regulation or 
reforms of wild speculation of flash trading in the commodities market.
  Instead, they are going to pretend, if we let more leases that the 
oil companies can sit on, that somehow the price will begin magically 
to come down, even though all the development in the last few years and 
the doubling of exports of oil of gasoline and diesel has not brought 
down the price. It is a so-called world market.
  We produce it more cheaply here, but we pay the same price as the 
most expensively produced North Sea oil, so it is all kind of 
meaningless.
  With that, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Wittman).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. DeFAZIO. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Virginia 
will be postponed.


                Amendment No. 2 Offered by Mr. Lowenthal

  The Acting CHAIR. It is now in order to consider amendment No. 2 
printed in House Report 113-493.
  Mr. LOWENTHAL. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 49, beginning at line 7, strike section 10410.

  The Acting CHAIR. Pursuant to House Resolution 641, the gentleman 
from California (Mr. Lowenthal) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from California.
  Mr. LOWENTHAL. Madam Chair, my district provides a perfect example of 
the need for ocean coordination and information sharing between local, 
State, and Federal governments, including our offshore energy 
management agencies, the military, our ports, our ocean carriers, our 
energy developers, recreational users, and other stakeholders.
  Let me explain. The Port of Long Beach is the second busiest port in 
the United States, moving $140 billion in goods, supporting 1.4 million 
jobs in the United States.
  Offshore oil platforms extract crude oil in San Pedro Bay, less than 
a mile from my front door. San Clemente Island, in my district, has a 
Navy training ground and a ship-to-shore firing range. Nearby waters 
are home to seabirds, fisheries, and migrating whales.
  Sea-level rise and extreme weather threaten neighborhoods and 
businesses all along my district and the entire coast of California.

                              {time}  0930

  These are all major, interwoven uses of our oceans, and it doesn't 
make sense to address them on a case-by-case basis without all the 
stakeholders participating. We need smart ocean planning and 
coordination.
  For those reasons, my amendment would strike the misguided and 
counterproductive language in H.R. 4899 that prohibits costal and 
marine spatial planning coordination. We need our Federal offshore 
energy management agencies to include the consideration of other 
stakeholders, not exclude them from the offshore leasing and the 
drilling process.
  We should all want BOEM and BSEE to coordinate with our ports and our 
shipbuilders, not restrict coordination. We should all want BOEM and 
BSEE to coordinate with our fishermen and our fishery councils, not to 
restrict coordination. We should all want BOEM and BSEE to coordinate 
with our States and local governments, not to restrict coordination.
  The country, and my district, needs a comprehensive approach to our 
ocean resources, which is what the National Ocean Policy provides.
  At this time I yield 1 minute to the gentleman from California (Mr. 
Farr), a lifelong advocate for our oceans.
  Mr. FARR. Thank you for yielding.
  Madam Chair, this bill has in its title ``America That Works.'' It is 
not going to work with this provision in it, and that is why the bill 
fails. I think year after year of failing and failing is a policy of 
upward failure.
  It makes no sense not to allow all the Federal agencies to 
coordinate. We do that in the military. This would be like restricting 
the ability of the military to coordinate between services.
  So we do it with shipping lanes, we do it with wildlife, we do it 
with habitat protection. It is just smart.
  The spatial planning in the National Ocean Policy, for the first 
time, saves a lot of money because all these Federal agencies now sit 
down and talk

[[Page H5784]]

about how they can carry out the policies that they are responsible 
for. You wipe all that. No dialogue, no communication, no ability to 
reach agreements in a way by this crazy restrictive language.
  Without this amendment, this bill proves that America can't work.
  I urge adoption of the amendment.
  Mr. FLORES. Madam Chair, I claim the time in opposition to the 
amendment.
  The Acting CHAIR. The gentleman from Texas is recognized for 5 
minutes.
  Mr. FLORES. Madam Chair, section 10410 of the bill prohibits offshore 
energy agencies from engaging in coastal and marine spatial planning, 
or ocean zoning, under the National Ocean Policy established by 
President Obama's Executive Order 13547.
  The House is on record six times in opposition to language such as 
that proposed by the gentleman, each time with bipartisan support 
against this type of language and also in support of efforts to oppose 
the Obama administration's attempt to zone the oceans under this 
unconstitutional executive order.
  Just as a little background: Executive Order 13547 was signed in 
2010, and it requires that numerous Federal bureaucracies essentially 
zone the ocean and the sources thereof. This actually means that a drop 
of rain that falls on your house could be subject to this overreaching 
policy because that drop of rain will ultimately wind up in the ocean.
  As someone who worked on the ocean for 17 years, I know something 
about this particular issue.
  There are concerns that have been raised that the National Ocean 
Policy may not only restrict ocean and inland activities, but it may 
also be flawed because it has not been given any specific 
appropriations by this Congress, nor does it have any statutory 
authority from any Congress for this initiative.
  This administration was also directed by the fiscal 2014 omnibus 
appropriations bill to submit a spending report to the Appropriations 
Committee by March of 2014, and yet they have failed to do so.
  So, on this ocean zoning activity, the administration has not been 
transparent with respect to this executive order.
  Let me say this. You have heard from the other side--and you are 
going to continue to hear from the other side--that planning is good. 
Yes, planning may be good. Planning with the intent to regulate or 
backdoor regulation or backdoor rulemaking is not, because here is what 
the executive order says on its face. It says:

       All executive departments, agencies, and offices that are 
     members of the council and any other executive department, 
     agency, or office whose action affects the oceans, our 
     coasts, and the Great Lakes shall, to the fullest extent 
     consistent with the applicable law . . . comply with council 
     certified coastal and marine spatial plans.

  That sounds like regulation and rulemaking to me. That means all 
these folks are going to have something to say on how we move forward, 
and that is why section 10410 is so important to the bill we are 
talking about today.
  I reserve the balance of my time.
  Mr. LOWENTHAL. Madam Chair, I would like to point out that the 
opposition said that six times the House is on record for striking out 
the National Ocean Policy.
  I would like to remind him that all six times that has been put back 
in by the U.S. Senate.
  I want to point out that ocean coordination--as he points out, the 
planning is good, but not now--has been supported by a broad array of 
stakeholders, including commercial fishing, engineering and consulting, 
recreation tourism, the renewable energy industries, as well as 
academics, tribes, faith-based groups, and NGOs.
  In fact, 117 of those organizations across 20 States wrote a letter 
to Congress saying:

       We urge you to reject any provisions that would undermine 
     continued progress on coordinated ocean planning or seek to 
     undermine the implementation of the National Ocean Policy.

  Madam Chair, I will insert that letter in the Record, as well as a 
letter from the North Atlantic Ports Association that represents ports 
and port-related interests from Virginia to Canada.
  The Ports Association says:

       We strongly oppose these amendments to any legislation, 
     which undermine our ability to engage in planning for future 
     ocean uses, impede the integration of the marine highway 
     system, and create uncertainty for our businesses.

                                                     May 16, 2014.
     Hon. John Boehner,
     Speaker, House of Representatives, Office of the Speaker, 
         U.S. Capitol, Washington, DC.
     Hon. Nancy Pelosi,
     Minority Leader, House of Representatives, Office of the 
         Democratic Leader, U.S. Capitol, Washington, DC.
     Hon. Harold Rogers,
     Chairman, House Appropriations Committee, Rayburn House 
         Office Building, Washington, DC.
     Hon. Nita M. Lowey,
     Ranking Member, House Appropriations Committee, Rayburn House 
         Office Building, Washington, DC.
       Dear Speaker Boehner, Leader Pelosi, Chairman Rogers and 
     Ranking Member Lowey: We are writing to express our strong 
     support for coordinated ocean planning. In recent years, 
     provisions attempting to undermine and defund ocean planning 
     and coordination work among states, tribes, and federal 
     agencies have been repeatedly inserted in a variety of 
     legislation, particularly appropriation bills. The sole 
     purpose of these provisions is to halt vital cross-
     jurisdictional coordination and ocean planning that benefits 
     coastal communities, ocean-based businesses, and helps to 
     protect, maintain and restore the health of our ocean's 
     wildlife and ecosystems. We strongly object to these 
     provisions and urge you to oppose inclusion of any such 
     language in legislation moving through the House of 
     Representatives.
       Cross-jurisdictional coordination and smart ocean planning 
     allow coastal communities to take a pragmatic approach to 
     changing ocean economies and environments. This approach puts 
     ocean management decisions closer to the people, industries, 
     and jobs that will be impacted by ocean management decisions, 
     allowing communities to help guide their own future and make 
     smart choices that will provide balanced use, good 
     governance, and long-term sustainability. In contrast to 
     misleading rhetoric from those who oppose the National Ocean 
     Policy and the improved coordination and leveraging of 
     limited resources it supports, efforts to better coordinate 
     and plan for ocean uses have emerged from the ground up, with 
     their roots in state-sponsored regional partnerships.
       Comprehensive, science-based coordination efforts are 
     already underway in several regions--engaging stakeholders 
     who use the ocean, developing region-specific data, building 
     resiliency from large storms and creating a regional ocean 
     plan to address current and future ocean uses. These 
     partnerships allow local, state, tribal, and federal 
     institutions to work together toward solutions for ocean and 
     coastal health and improved economies. In addition to these 
     regional efforts, several individual states are also 
     currently using smart-ocean planning as a management tool for 
     their state waters, including Massachusetts, Rhode Island, 
     New York, Washington, and Oregon.
       Attempts to prohibit key coastal and ocean management 
     agencies from coordinating with coastal states, other federal 
     agencies and the public, or to undermine the National Ocean 
     Policy are severely misguided. Dismantling coordination 
     efforts results in overspending at the state and federal 
     level, duplicative and potentially conflicting processes 
     among agencies, and creates uncertainty among ocean-based 
     businesses and industries. Coordination at a regional scale 
     through Regional Ocean Partnerships and Regional Planning 
     Bodies provides a seat at the table for all ocean users to 
     address current and emerging ocean uses and conflicts. 
     Provisions attempting to impose arbitrary restrictions on 
     coordinated planning undermine these ongoing state and 
     regional efforts and threaten the progress already being made 
     to enhance ocean and coastal communities, economies, and 
     ecosystems. Accordingly, we oppose any effort to obstruct 
     funding for regional coordination and planning, or to 
     undermine participation by any relevant agency in regional 
     coordination and planning efforts.
       Congress should be enhancing our ocean and coastal 
     economies by supporting coordinated ocean planning, not 
     creating arbitrary barriers for this ongoing work at the 
     local, state, and regional level. We urge you to reject any 
     provisions that would undermine continued progress on 
     coordinated ocean planning or seek to undermine the 
     implementation of the National Ocean Policy.
           Sincerely,


                                National

       American Littoral Society; Blue Frontier; Friends of the 
     National Ocean Policy; Greenpeace; GZA GeoEnvironmental, 
     Inc.; Interfaith Council for the Protection of Animals and 
     Nature; International Federation of Fly Fishers; League of 
     Conservation Voters; Mangrove Action Project (MAP); National 
     Audubon Society; National Marine Mammal Foundation; Natural 
     Resources Defense Council; Nature Abounds; Ocean Champions; 
     Ocean Conservancy; Ocean Conservation Research; Oceana; Save 
     Our Shores; Shark Stewards; Surfrider Foundation; The 
     Wilderness Society; WATERWATCH International; Wild Heritage 
     Planners.


                                regional

       Anacostia Watershed Society; Center for Chesapeake 
     Communities; Conservation Law Foundation; Gulf of Mexico 
     Coastal Ocean Observing System; Gulf Restoration Network; 
     Markian Melnyk, President, Atlantic

[[Page H5785]]

     Grid Development LLC; New England Coastal Wildlife Alliance; 
     Northwest Watershed Institute; Pacific Coast Shellfish 
     Growers Association.


                               california

       Endangered Habitats League; Environmental Defense Center; 
     Monterey Coastkeeper; Ocean Defenders Alliance; The Otter 
     Project; Ayana Elizabeth Johnson, Ph.D., Executive Director, 
     Waitt Institute; Dawn Wright, Ph.D., Chief Scientist, 
     Environmental Systems Research Institute, Redlands, CA; Jacob 
     A. James, Managing Director, Waitt Foundation; Jennifer 
     Harrower, Ph.D., Student, Environmental Studies, University 
     of California, Santa Cruz; Marc Shargel, Sea Life 
     Photographer and Author, Living Sea Images, Santa Cruz 
     County, California; Marilyn O'Neill, Founder & CEO, Nautilus 
     Environmental; Zdravka Tzankova, Ph.D., Assistant Professor, 
     Environmental Studies, University of California, Santa Cruz.


                                colorado

       Colorado Ocean Coalition.


                              connecticut

       Rivers Alliance of Connecticut; Save the Sound, a program 
     of Connecticut Fund for the Environment.


                                Delaware

       Delaware Nature Society; Dr. Alina M. Szmant, Professor of 
     Marine Biology, Center for Marine Science, University of 
     North Carolina Wilmington.


                                florida

       Florida Wildlife Federation; Indian Riverkeeper; Fly & 
     Light Tackle Angler, Stuart, FL; Just-In-Time Charters; Palm 
     Beach County Reef Rescue; Drew Martin, Conservation Chair, 
     Loxhatchee Group; Sierra Club; Dr. Ed Schwerin, Professor of 
     Public Policy, Florida Atlantic University; Kristen Hoss, 
     President, Tanawha Presents LLC; Dr. Rozalind Jester, 
     Professor of Marine Science, Edison State College, Fort 
     Myers, FL.


                               louisiana

       Pointe-au-Chien Indian Tribe.


                                 maine

       F/V Sea Keeper; Great Harbor Maritime Museum; Island 
     Institute; Maine Wind Industry Initiative; Sea Keeper Fishery 
     Consulting LLC; Richard C. Nelson, Captain F/V Pescadero, 
     Maine Regional Ocean Planning Advisory Group, Friendship, 
     Maine; Ryan Beaumont, P.E., Principal Engineer, R.M. Beaumont 
     Corp., Brunswick, Maine.


                                maryland

       1000 Friends of Maryland; Maryland Academy of Sciences; 
     Maryland Coastal Bays Program; National Aquarium; Daniel 
     Trott, Owner, Maritime Sector Solutions, LLC, Fort 
     Washington, MD; Drew J. Koslow, Choptank Riverkeeper, 
     Midshore Riverkeeper Conservancy; John H. Dunnigan, Sailor 
     and Grandpa.


                             Massachusetts

       Alewives Anonymous; Peter Phippen, Coastal Coordinator, 
     Massachusetts Bays National Estuary Program, Eight Towns and 
     the Great Marsh Committee; Richard F. Delaney, President & 
     C.E.O., Center for Coastal Studies, Provincetown, MA; Robert 
     Stoddard, Executive Vice President, GWAVE LLC, Boston, MA; 
     Tedd Saunders, CSO, The Saunders Hotel Group, Boston, MA.


                             new hampshire

       Blue Ocean Society for Marine Conservation; Seacoast 
     Science Center; Noah J. Elwood, PE, Appledore Marine 
     Engineering.


                               new jersey

       Environment New Jersey; SandyHook SeaLife Foundation; Margo 
     Pellegrino, Founder, Miami2Maine; Michael L. Pisauro, Jr. 
     Legislative Affairs Director, New Jersey Environmental Lobby.


                                new york

       Blue Ocean Institute; Citizens Campaign for the 
     Environment; Empire State Consumer Project; Friends of the 
     Bay; Group for the East End; Operation SPLASH; Arthur H. 
     Kopelman, Ph.D., President, Coastal Research and Education 
     Society of Long Island; Harald Duell, Senior Vice President, 
     Ardour Capital Investments, LLC, The Empire State Building, 
     New York, NY; Jackie Quillen, The Garden Club of East 
     Hampton.


                                 oregon

       Oregon Shores Conservation Coalition; Oregon Wave Energy 
     Trust; Port Orford Ocean Resource Team; Chares Steinback, 
     Director, Point 97; Ruby Gate, CEO, Point 97.


                              pennsylvania

       Captain Joel S. Fogel, The Explorers Club, First World 
     Ambassador.


                              rhode island

       The Ocean Project; Bill McElroy, Captain/Owner, FV Ellen 
     June; Jeff Grybowski, CEO, Deepwater Wind; Michael C. Tuttle, 
     Manager Marine Services Division, HRA Gray & Pape, LLC, 
     Providence, RI.


                             south carolina

       South Carolina Coastal Conservation League; Waccamaw 
     Riverkeeper; Paul M. Rosenblum Ph.D., Faculty Advisor to the 
     Honor Committee, Professor of Biology, The Citadel.


                                 texas

       Texas Coastal Partners; Ann E. Jochens, Research Scientist, 
     Retired, Texas A&M University, College Station.


                                virginia

       TerraScapes Environmental; Virginia Aquarium & Marine 
     Science Center; Eileen Levandoski, Assistant Director, 
     Virginia Chapter Sierra Club; W. Mark Swingle, Director of 
     Research & Conservation, Virginia Aquarium & Marine Science 
     Center, Virginia Beach, VA.


                               washington

       FOGH (Friends of Grays Harbor); Taylor Shellfish Farms; 
     Wild Fish Conservancy; Kathleen Sayce, Shoalwater Botanical, 
     Nahcotta, WA; Norman T. Baker, Ph.D., Executive Committee, 
     North Olympic Group of the Sierra Club.


                             west virginia

       Christians for the Mountains.
                                  ____

                                              North Atlantic Ports


                                     Association Incorporated,

                                      Portland, ME, June 14, 2014.
     Hon. John Boehner,
     Speaker, House of Representatives, Office of the Speaker, 
         U.S. Capitol, Washington, DC.
     Hon. Nancy Pelosi,
     Minority Leader, House of Representatives, Office of the 
         Democratic Leader, U.S. Capitol, Washington, DC.
     Hon. Harold Rogers,
     Chairman, House Appropriations Committee, Rayburn House 
         Office Building, Washington, DC.
     Hon. Nita M. Lowey,
     Ranking Member, House Appropriations Committee, Rayburn House 
         Office Building, Washington, DC.
       Dear Speaker Boehner, Leader Pelosi, Chairman Rogers and 
     Ranking Member Lowey: The North Atlantic Ports Association 
     Inc., founded in 1949, is one of the oldest and most active 
     trade associations of commercial seaports. Our goal is to 
     promote ocean commerce in a responsible manner in order to 
     strengthen the national economy and help our communities to 
     prosper.
       Our members are connected to seaports and ocean commerce in 
     some way: terminal operators, stevedores, port authorities, 
     governmental agencies, non-profits, consultants, academics, 
     maritime lawyers, ships' agents and are all located between 
     Virginia and the Canadian Maritimes. Our member ports, in the 
     United States, are Portland, Portsmouth, Gloucester, Boston, 
     New Bedford, Providence, Davisville, New London, New Haven, 
     Bridgeport, New York, Philadelphia, Wilmington, Baltimore, 
     and Norfolk. We are interested in expanding trade among 
     nations and in helping our local communities to prosper 
     through growth in ocean commerce. As the economy becomes ever 
     more global, our role in the world-wide supply chain has 
     increased in importance. Ocean activity across the nation is 
     growing. We have witnessed the competition for space amongst 
     the numerous ocean-based business sectors either currently 
     operating or planning to operate in our ocean and ports. 
     Coordinated planning is critical to ensure the current and 
     future needs of our businesses are considered and 
     accommodated as the ocean and ports become more crowded.
       We, the members of the North Atlantic Ports Association, 
     resolved during our last semi-annual meeting to ask our 
     leaders in Washington ``to utilize existing federal programs 
     in support of the rapid development of the Marine Highway 
     System to ease roadway corridor congestion, reduce 
     infrastructure costs, provide for improved safety and 
     security, and to have a positive environmental impact to the 
     benefit of the general public.'' Further, the resolution 
     calls for the development of a National Ports Strategy to 
     better integrate the marine highway system into our national 
     surface transportation strategy, network and policies. We 
     believe that the resources necessary to achieve these 
     objectives exist within the budget of the U.S. Department of 
     Transportation.
       Regional Ocean Partnerships like the Northeast Regional 
     Ocean Council, and the Mid-Atlantic Regional Council on the 
     Ocean, provide a unique forum for the states and federal 
     agencies to work across jurisdictional boundaries on ocean 
     and coastal challenges. This venue offers our businesses a 
     clear way to have a seat at the decision-making table, rather 
     than on an ad hoc basis trying to track and respond to the 
     huge array of new ocean activities that affect our 
     businesses. This type of planning approach ensures that we 
     are able to inform future decisions by providing input on the 
     needs of our industry.
       It is important to us that Regional Ocean Partnerships have 
     the funding necessary to continue this regional ocean 
     coordination and planning work, and that federal legislation 
     does not interfere with the process. We believe that the 
     resources necessary to achieve these objectives exist within 
     the budget of the various agencies. Unfortunately, a number 
     of amendments have been repeatedly inserted into the recent 
     legislation, in an attempt to prohibit key coastal and ocean 
     management agencies from coordinating with coastal states, 
     other federal agencies, and the public.
       We strongly oppose these amendments to any legislation, 
     which undermine our ability to engage in planning for future 
     ocean uses, impede the integration of the marine highway 
     system and create uncertainty for our businesses.
       We thank you for your consideration and support.
           Sincerely,
                                         Capt. F. Bradley Wellock,
                                                        President.

  Mr. LOWENTHAL. Madam Chair, I urge my colleagues to vote ``yes'' to

[[Page H5786]]

States and tribes having a seat at the table for Federal oceans 
decisions and vote ``yes'' on the Lowenthal amendment.
  I yield back the balance of my time.
  Mr. FLORES. I yield 1 minute to the gentleman from Washington (Mr. 
Hastings).
  Mr. HASTINGS of Washington. I thank the gentleman for yielding.
  Madam Chair, I just want to make this point, which the gentleman from 
Texas pointed out.
  What we are saying, essentially, in the underlying bill is that we 
are not going to fund an executive order. Now let's think about that. 
It is an executive order that has no statutory authority.
  In many ways, this is one of the examples of this administration, I 
think, far overstepping its ability to faithfully execute the laws of 
the land. This may be one of those examples that the Speaker was 
alluding to yesterday when he suggested there may be a lawsuit coming 
from the U.S. House. Because there is no statutory authority for the 
National Ocean Policy.
  What I find so interesting is that my friends on the other side of 
the aisle argue about how important the National Ocean Policy is, but 
when they controlled the House, the Senate, and the Presidency the 
first two years of this President's term, they did nothing with the 
National Ocean Policy. Why? Because there is a lot to be looked at in 
that.
  So I think that opposition to this is something that we have done 
over and over and over again, and I congratulate the gentleman from 
Texas for taking the lead on ocean policy.
  Mr. FLORES. Madam Chair, I have to concur wholeheartedly with the 
chairman's remarks when he said that the President's executive order 
has never been statutorily authorized by Congress. Four Congresses 
attempted to do so, under Democratic control, and four times this has 
not happened. Four times, Congress has looked at this issue and has 
said ``no'' to the President's activity.
  Also, Congress has never specifically authorized one penny for this 
activity. It doesn't make any difference how many people want this. It 
is whether or not Congress authorizes this activity. Congress 
specifically did not authorize this activity. The executive order is 
unconstitutional, and it should not be supported by approving the 
gentleman's amendment.
  First of all, let me say this. I would like to thank Chairman 
Hastings for his support and the Natural Resources Committee's 
oversight efforts to protect both our ocean and our inland economies by 
stopping this Federal overreach.
  Again, I urge a ``no'' vote on the gentleman's amendment, and I yield 
back the balance of my time.
  Ms. PINGREE of Maine. Madam Chair, I support this amendment offered 
by my colleague from California, which would strike the anti-National 
Ocean Policy language contained in H.R. 4899.
  The National Ocean Policy seeks to improve the coordinated management 
of our oceans and coasts, and to address the most pressing issues 
facing our oceans, resources, and coastal communities. In fact, right 
now, there are over a hundred different ocean users meeting in 
Massachusetts to help develop New England's ocean plan. Lobstermen from 
Maine, science educators from New Hampshire, fishermen from 
Massachusetts, clean energy company representatives from Rhode Island, 
and recreational fishermen from Connecticut are meeting with federal 
and state agencies to talk about how to improve their options for their 
local businesses, build resiliency for coastal communities in the face 
of extreme weather events, and maintain the health of the ocean that 
provides us with the goods and services we need and enjoy.
  The work and research conducted under the National Ocean Policy 
supports tens of millions of jobs, which in turn generate billions of 
dollars for our coastal communities. The National Ocean Policy improves 
government efficiency and decision outcomes by bringing a variety of 
government agencies together at a single table. The planning and 
coordination done according to this policy involves stakeholders in the 
policy-making process, helping to produce relevant policies supported 
across sectors. This policy also balances the needs of a variety of 
interests, ensuring that the fishing industry and working waterfronts 
are preserved while new energy businesses and other economic sectors 
are developed.
  The National Ocean Policy helps to ensure that our resources, our 
culture, our history, and the economic vitality of our communities are 
fully considered in decisions concerning our oceans.
  I urge my colleagues to join me in supporting the wise stewardship of 
the oceans and our ocean economy by supporting the Lowenthal amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Lowenthal).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. LOWENTHAL. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.


        Amendment No. 3 Offered by Mr. Duncan of South Carolina

  The Acting CHAIR. It is now in order to consider amendment No. 3 
printed in House Report 113-493.
  Mr. DUNCAN of South Carolina. Madam Chairman, I have an amendment at 
the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 51, after line 21, insert the following:

     SEC. __. SOUTH ATLANTIC OUTER CONTINENTAL SHELF PLANNING AREA 
                   DEFINED.

       For the purposes of this Act, the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1331 et seq.), and any regulations or 5-
     year plan issued under that Act, the term ``South Atlantic 
     Outer Continental Shelf Planning Area'' means the area of the 
     outer Continental Shelf (as defined in section 2 of that Act 
     (43 U.S.C. 1331)) that is located between the northern 
     lateral seaward administrative boundary of the State of 
     Virginia and the southernmost lateral seaward administrative 
     boundary of the State of Georgia.

  The Acting CHAIR. Pursuant to House Resolution 641, the gentleman 
from South Carolina (Mr. Duncan) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from South Carolina.
  Mr. DUNCAN of South Carolina. Madam Chairman, several coastal States, 
including my home State of South Carolina, as well as the Commonwealth 
of Virginia, have long advocated for responsible offshore energy 
development for our shores. This resource development starts with 
seismic surveying and goes all the way to production.
  Unfortunately, the Obama administration has blocked this exploration 
and development every step of the way, from tying up the seismic 
permitting process in bureaucratic delays to excluding several Atlantic 
States from the current 5-year plan.
  As we move forward to plan for a more secure energy future, opening 
access to new areas of our Outer Continental Shelf, or OCS, is a no-
brainer. We must do it to stay competitive and to generate American 
energy and American jobs.
  When BOEM conducts their 5-year planning process, they use 
administrative boundaries to divide up areas for leasing. This 
amendment simply tells them to consider Virginia, North Carolina, South 
Carolina, and Georgia as one area.
  Our amendment is simple: it unifies four pro-offshore drilling States 
as one administrative area for offshore leasing planning purposes. It 
also ensures that the South Atlantic meets the underlying threshold in 
H.R. 4899--and I want to commend Chairman Doc Hastings for his 
leadership on this--so that sales in this area will be included in 
future 5-year plans under this legislation.
  Our amendment does not have any effect on revenue-sharing and it does 
not hold back other Atlantic areas from seeking to develop energy off 
their shores.
  I will give a shout-out to Senator Tim Scott, who has also taken the 
initiative on the Senate side for this very issue.
  Madam Chairman, I came to Washington as a Congressman to focus on 
jobs, energy, and our Founding Fathers. H.R. 4899 focuses on job 
creation. Energy production is a segue to job creation in this country.
  If you look at North Dakota, Texas, Oklahoma, and Louisiana, these 
are energy-producing States that have very, very low unemployment. 
North Dakota has a 3 percent unemployment rate--or

[[Page H5787]]

less. In fact, you can get a finder's fee if you get somebody to work 
at a McDonald's in North Dakota.
  We can have economic development in this country if we allow energy 
production onshore and offshore. My State of South Carolina wants to 
see those energy jobs along our coast.
  These are not just the oily guys in the hard hats out on the rigs 
turning the drill. These are folks onshore supporting the offshore 
industry. These are the widgetmakers, the pipefitters, the welders, 
auto body mechanics, and the waitresses at the restaurants that receive 
the tips from all these workers, the churches that receive the tithes, 
the chambers of commerce and United Ways that receive our 
contributions.
  Energy jobs have a tremendous trickle-down effect on the economy. The 
first domino is to actually open up these areas, and I think that is 
what South Carolina, Georgia, North Carolina, and Virginia want to see.
  They want to see our areas offshore at least included in the next 5 
years plan, so guess what? Maybe we can go out there and drive some 
seismic. Maybe we can get beyond this 30-year old technology that we 
are using to see if there are any resources off our coast. Maybe we can 
actually use 21st century technology like 3-D and 4-D technology that 
will actually see down into the Earth and see what recoverable 
resources may or may not be there.

                              {time}  0945

  Let's allow these areas in the next 5-year plan to help create jobs 
in our States--jobs, energy, our Founding Fathers, and a return to more 
states' rights issues.
  Mr. HASTINGS of Washington. Will the gentleman yield?
  Mr. DUNCAN of South Carolina. I yield to the gentleman.
  Mr. HASTINGS of Washington. I thank the gentleman for offering this 
amendment. I think it is a very good amendment. That part of the South 
Atlantic needs to be treated, I think, as one entity just because of 
the nature of how the State lines are. I think the gentleman's 
amendment makes immensely good sense. I support it, and I thank the 
gentleman for offering it.
  Mr. DUNCAN of South Carolina. I thank the gentleman from Washington 
for his leadership on this.
  Madam Chairman, the folks in Florida were concerned, but guess what? 
This area stops at the Florida-Georgia line. They can deal with their 
own waters. These are the waters of Georgia, South Carolina, North 
Carolina, and Virginia that we are talking about.
  I spoke yesterday and had a graph of disease fuel prices in this 
country--I drive a diesel truck--and of the disparity between off-road 
and on-road diesel fuel. Let me tell you this: if we, through our 
policies, could lower the price of diesel fuel by $1 from that $3.69 a 
gallon for America's truckers down to $2.69--there is a 300-gallon tank 
on every 18-wheeler. If we could lower the price by $1, we would save 
every trucker $300 per fill-up. Think about how that trickles down to 
the price of the commodities when you shop all across America.
  I support this amendment, and I ask everyone to support this simple, 
administrative change.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from South Carolina (Mr. Duncan).
  The amendment was agreed to.


                 Amendment No. 4 Offered by Mr. Wittman

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in House Report 113-493.
  Mr. WITTMAN. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 51, after line 21, insert the following:

     SEC. __. ENHANCING GEOLOGICAL AND GEOPHYSICAL INFORMATION FOR 
                   AMERICA'S ENERGY FUTURE.

       Section 11 of the Outer Continental Shelf lands Act (43 
     U.S.C. 1340) is amended by adding at the end the following:
       ``(i) Enhancing Geological and Geophysical Information for 
     America's Energy Future.--
       ``(1) The Secretary, acting through the Director of the 
     Bureau of Ocean Energy Management, shall facilitate and 
     support the practical study of geology and geophysics to 
     better understand the oil, gas, and other hydrocarbon 
     potential in the South Atlantic Outer Continental Shelf 
     Planning Area by entering into partnerships to conduct 
     geological and geophysical activities on the outer 
     Continental Shelf.
       ``(2)(A) No later than 180 days after the date of enactment 
     of the Lowering Gasoline Prices to Fuel an America That Works 
     Act of 2014, the Governors of the States of Georgia, South 
     Carolina, North Carolina, and Virginia may each nominate for 
     participation in the partnerships--
       ``(i) one institution of higher education located within 
     the Governor's State; and
       ``(ii) one institution of higher education within the 
     Governor's State that is a historically black college or 
     university, as defined in section 631(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1132(a)).
       ``(B) In making nominations, the Governors shall give 
     preference to those institutions of higher education that 
     demonstrate a vigorous rate of admission of veterans of the 
     Armed Forces of the United States.
       ``(3) The Secretary shall only select as a partner a 
     nominee that the Secretary determines demonstrates excellence 
     in geophysical sciences curriculum, engineering curriculum, 
     or information technology or other technical studies relating 
     to seismic research (including data processing).
       ``(4) Notwithstanding subsection (d), nominees selected as 
     partners by the Secretary may conduct geological and 
     geophysical activities under this section after filing a 
     notice with the Secretary 30-days prior to commencement of 
     the activity without any further authorization by the 
     Secretary except those activities that use solid or liquid 
     explosives shall require a permit. The Secretary may not 
     charge any fee for the provision of data or other information 
     collected under this authority, other than the cost of 
     duplicating any data or information provided. Nominees 
     selected as partners under this section shall provide to the 
     Secretary any data or other information collected under this 
     subsection within 60 days after completion of an initial 
     analysis of the data or other information collected, if so 
     requested by the Secretary.
       ``(5) Data or other information produced as a result of 
     activities conducted by nominees selected as partners under 
     this subsection shall not be used or shared for commercial 
     purposes by the nominee, may not be produced for proprietary 
     use or sale, and shall be made available by the Secretary to 
     the public.
       ``(6) 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 
     reports on the data or other information produced under the 
     partnerships under this section. Such reports shall be made 
     no less frequently than every 180 days following the conduct 
     of the first geological and geophysical activities under this 
     section.
       ``(7) In this subsection the term `geological and 
     geophysical activities' means any oil- or gas-related 
     investigation conducted on the outer Continental Shelf, 
     including geophysical surveys where magnetic, gravity, 
     seismic, or other systems are used to detect or imply the 
     presence of oil or gas.''.

  The Acting CHAIR. Pursuant to House Resolution 641, the gentleman 
from Virginia (Mr. Wittman) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. WITTMAN. Madam Chair, today, in order to maintain our Nation's 
competitive edge, to generate millions in much-needed revenue and to 
create millions of new jobs, we simply must move forward with offshore 
energy development. It just makes sense. There are new areas in our 
Nation today in which we are not developing that energy, specifically 
the Atlantic Outer Continental Shelf--the mid-Atlantic area.
  Just as Mr. Duncan mentioned, it is incumbent upon us to make sure 
that we are doing the science to determine the extent of those 
resources. I believe it is a national obligation to develop the 
resources that we have. Allowing seismic surveying in the Atlantic is 
an important step toward achieving this goal.
  My amendment builds on that effort by promoting offshore seismic 
surveying through institutions of higher education, especially those 
that have done so much for our veterans. Specifically, this amendment 
would allow the Bureau of Ocean Energy Management to partner with 
colleges and universities in the South Atlantic region, including 
Historically Black Colleges and Universities, to promote geological and 
geophysical educational opportunities. The amendment language 
specifically gives preference to higher education institutions that 
admit and educate our Nation's returning veterans.
  This is a win-win, folks. It helps develop our Nation's energy 
resources, and it helps our veterans. The time is now.

[[Page H5788]]

  These partner schools would be able to conduct offshore geological 
and geophysical surveys for research purposes. Any data collected would 
be shared with the government, and it is prohibited from being used for 
commercial purposes. This language is modeled after existing 
regulations for seismic surveying that are already in place at the 
Bureau of Ocean Energy Management.
  This amendment promotes STEM educational opportunities and prepares 
students in the South Atlantic States of Georgia, South Carolina, North 
Carolina, and Virginia for the cutting-edge, high-paying jobs of 
America's energy renaissance. Just as Mr. Duncan spoke about, the time 
is now for that opportunity.
  Madam Chair, I yield 1 minute to the gentleman from South Carolina 
(Mr. Duncan).
  Mr. DUNCAN of South Carolina. I want to thank the gentleman from 
Virginia for the time and for his leadership on this issue.
  Madam Chairman, I am wearing a Clemson Tiger Paw and an orange tie 
today in support of Clemson University, but I will tell you that the 
University of South Carolina has a leading program on geology and 
seismic testing. Dr. James Knapp testified before this committee about 
what they can do in looking at 3-D and 4-D 21st century technology to 
find the resources, to pinpoint those resources, and to maximize the 
production of those resources. That is what we want--to partner with 
the universities as Mr. Wittman mentioned--in order to help shape the 
minds and opportunities and the potential of future leaders within the 
energy realm.
  So I commend him. I support this amendment, and I hope my colleagues 
will.
  Mr. HASTINGS of Washington. Will the gentleman yield?
  Mr. WITTMAN. I yield to the gentleman.
  Mr. HASTINGS of Washington. I thank the gentleman for offering this 
amendment.
  I think, once again, the combination of what you and the gentleman 
from South Carolina said about the new technologies that will help us 
in the long run to develop our own energy resources makes immensely 
good sense, and I think this amendment adds to that process. I commend 
the gentleman, and I support the amendment.
  Mr. WITTMAN. Madam Chairman, in closing, this is about American jobs; 
it is about developing our energy; it is about educational 
opportunities; it is about promoting STEM within our colleges and 
universities; it is about providing opportunities in Historically Black 
Colleges and Universities throughout the United States; and it is about 
providing opportunities for our veterans.
  This is a win-win for our Nation. It is an amendment that should be 
adopted and that should be voted on in favor by every Member of this 
body.
  With that, Madam Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Wittman).
  The amendment was agreed to.


                 Amendment No. 5 Offered by Mrs. Capps

  The Acting CHAIR. It is now in order to consider amendment No. 5 
printed in House Report 113-493.
  Mrs. CAPPS. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       In title I, at the end of subtitle F (page 51, after line 
     21) add the following:

     SEC. __. NOTICE OF RECEIPT OF ANY APPLICATION FOR A PERMIT 
                   THAT WOULD ALLOW THE CONDUCT OF ANY OFFSHORE 
                   OIL AND GAS WELL STIMULATION ACTIVITIES.

       The Secretary of the Interior shall notify all relevant 
     State and local regulatory agencies and publish a notice in 
     the Federal Register, within 30 days after receiving any 
     application for a permit that would allow the conduct of any 
     offshore oil and gas well stimulation activities.

  The Acting CHAIR. Pursuant to House Resolution 641, the gentlewoman 
from California (Mrs. Capps) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from California.
  Mrs. CAPPS. Madam Chair, I yield myself such time as I may consume.
  I rise in support of the Capps-Brownley-Huffman-Lowenthal amendment. 
This commonsense amendment simply ensures that the American public and 
State regulators are kept informed of offshore fracking activities in 
Federal waters.
  Last year, a FOIA request revealed that at least 15 fracks have taken 
place in Federal waters off the coast of California during the last two 
decades, with several being approved as recently as last year. While we 
know little about the impacts of fracking onshore, we know even less 
about the impacts of offshore. Any leak, spill, or blowout offshore 
would be very difficult to detect and contain, especially considering 
how little is known about the chemicals being used. Exposure to these 
chemicals could seriously harm the sensitive marine areas in and around 
the Channel Islands National Marine Sanctuary and the Santa Barbara 
Channel, which is where much of this activity is now occurring. Such 
exposure would not only harm the marine environment, it would also harm 
our local economy.
  That is why I was disappointed that my amendment to simply study the 
impacts of offshore fracking was ruled out of order. Regardless of your 
views on offshore drilling, there should be bipartisan agreement that 
we need to fully understand the impacts of these activities, but the 
majority blocked debate on this amendment, so we can't even discuss it.
  Madam Chair, it is bad enough that offshore fracking is happening 
without a proper understanding of its impacts, but it is even more 
troubling that no one even knew that it was happening in the first 
place. Federal regulators claim they knew about these activities but 
that they didn't think it was necessary to notify the California 
Coastal Commission, local officials, or the public. If a spill occurs, 
the oil and chemicals don't stop at the 3-mile mark where Federal 
waters end and State waters begin. Whether the spill is 10 miles 
offshore or 4 miles offshore, those chemicals will flow into State 
waters, and they will wash up onto our local beaches.
  My constituents have a right to know what is happening in their 
backyards. That is why my amendment would simply ensure that the 
American public and State regulators, like the California Coastal 
Commission, are notified whenever a permit to allow offshore fracking 
is filed. It doesn't slow down or stop these permits from being 
considered. It simply ensures that all stakeholders know about it and 
can respond accordingly. If, as the oil companies claim, offshore 
fracking poses minimal risk, then what is the harm of notifying the 
public of where and when it is happening?
  This is not a partisan idea. Transparency is something both Democrats 
and Republicans have supported in the past, so I encourage my 
colleagues to support this amendment to increase transparency in 
offshore fracking.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. Madam Chairman, I claim the time in 
opposition to the amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. HASTINGS of Washington. I yield myself such time as I may 
consume.
  Madam Chairman, the offshore leasing process is managed by the 
Federal Government because the Outer Continental Shelves are under 
Federal jurisdiction; therefore, you have that regulation from the 
Federal Government.
  While there is always process, I suppose, with any regulation, this 
process is transparent, and the Department is already required to 
publish a Federal notice prior to any lease sale. In fact, when 
creating a 5-year plan, the Department is also required to consult with 
States and localities, and this administration has just started its 
process right now for the time period of 2017-2022.
  This amendment is really a red tape, paperwork nightmare. It would 
have an overwhelming burdensome effect on all existing offshore 
operations conducted today in the Outer Continental Shelf by adding an 
additional layer of bureaucracy and by requiring a notice for every 
permit application received. The amendment is so broad in its 
description of well enhancement activities that, essentially, every 
time a permit application would be received by the Bureau, it would 
then require a Federal notice.

[[Page H5789]]

  Just think about that. Every time you have an action like that that 
requires a Federal notice, does it not logically suggest that that 
might be open to some sort of legal activity? Maybe that is, perhaps, 
what the sponsors of this amendment really want to do is to slow the 
paperwork down so much as to not have the activity of utilizing these 
resources. This amendment would inhibit offshore safety by turning the 
Bureau of Safety and Environmental Enforcement into a publishing 
behemoth rather than allowing them to focus on their mission of 
ensuring safe offshore operations to continue.
  Finally, I would make this notation, Mr. Chairman, that all permit 
applications are made public on the Bureau's Web site--and I will just 
put it in as part of the Record--www.bsee.gov. Why add additional 
requirements to publish information that is already open and part of 
that Web site?
  This amendment is unnecessary. As I say, I think it would add to the 
burdensome steps and hoops that one has to go through to utilize these 
resources that, I think, all Americans want. Keep in mind that the 
issue here is in the long term, utilizing our resources to become more 
energy independent and utilizing these resources in the long run to 
have a vibrant energy component of our national economy. You can't have 
a growing economy unless you have certainty in the energy sector. This 
amendment, from my point of view, would slow that process down, so I 
urge the rejection of the amendment.
  I reserve the balance of my time.
  Mrs. CAPPS. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, having witnessed the 1969 Santa Barbara oil spill, I 
know firsthand the devastation a community can experience when 
something goes wrong on offshore oil rigs.

                              {time}  1000

  The marine ecosystem is devastated. Local businesses lose customers, 
and they lay off workers. Fishing boats are left idle in the harbor.
  Given this reality, we owe it to those who suffer the impacts of 
these spills, these mishaps, to make sure these activities are as safe 
as possible.
  Increasing transparency will strengthen oversight. It will improve 
safety. This is a commonsense idea that should have bipartisan support. 
I urge my colleagues to support this amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Chairman, I yield myself the balance 
of the time.
  Mr. Chairman, again, I rise in opposition to this amendment because 
of the burdensome paperwork that I think that this would create, but 
the gentlewoman made an observation that needs to be addressed because 
she does live in the Santa Barbara area--and yes, they did experience a 
spill there many years ago.
  I would remind my friend from California that also within this 
legislation is language that strengthens the oversight in a statutory 
way of activities in the Outer Continental Shelf.
  Currently, that is done, not with statutory authority, but with 
regulatory authority going back to the Reagan administration, so if the 
gentlewoman really wants to make sure that there is some certainty, so 
that we won't have these devastating spills in the future, I would 
invite her to join us in supporting this legislation because we put 
into law--statutory law--how we should regulate the offshore.
  Again, I rise in opposition to this amendment because I think that it 
is too much--burdensome--from a paperwork standpoint, when the issue is 
to have certainty in the long term in the energy sector.
  Mr. Chairman, I urge rejection of the amendment, and I yield back the 
balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from California (Mrs. Capps).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mrs. CAPPS. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from California 
will be postponed.


                 Amendment No. 6 Offered by Mr. Deutch

  The Acting CHAIR. It is now in order to consider amendment No. 6 
printed in House Report 113-493.
  Mr. DEUTCH. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 52, at line 14 insert ``and'' after the semicolon, at 
     line 17 strike ``; and'' and insert a period, and strike 
     lines 18 and 19.

  The Acting CHAIR. Pursuant to House Resolution 641, the gentleman 
from Florida (Mr. Deutch) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. DEUTCH. Mr. Chairman, it is no surprise that I oppose H.R. 4899. 
However, my amendment is not an attempt to sabotage the bill. It is an 
honest attempt to fix a major drafting error within this legislation 
that could have drastic consequences on our Nation's district courts.
  My amendment would strike section 10702(a)(3) of the bill, which 
mandates that cases involving oil and gas leases ``take precedence over 
all other pending matters before the district court.''
  I am grateful for the opportunity to explain the serious implications 
of this provision. The provision seems to be directed at concerns that 
individuals and communities, small businesses, other interests that are 
not party to the production of an oil and gas lease may file lawsuits 
to prevent or delay an oil and gas lease from moving forward.
  Now, I believe that people have an important interest in the 
production of oil and gas leases that could impact public health, 
property, and environmental injuries in the area of release.
  I don't support the principle of locking people out of the courtroom. 
In our Nation, where the courts protect and ensure that individual 
rights and private property rights are not violated, this provision 
eliminates court protections of these most basic rights.
  The bill, as drafted, is so broad that it does so much more than 
that, and here is where I hope that opponents and supporters of this 
bill can come together to fix this error.
  As drafted, this language requires cases involving oil and gas leases 
to skip ahead of ``all other pending matters before the district 
court.'' That means everything--all pending cases, even cases already 
on the dockets of each of the judges sitting on the district court.
  Because it was so broadly drafted, it contains no language to ensure 
that the case involving the production of oil and gas leases only 
receives precedence over pending matters before the district court 
judge who has been assigned to the oil and gas case.
  Is it really the intention of Congress to mandate that legal disputes 
over oil and gas leases take precedence over every single case already 
pending in our district courts, including national security cases and 
high-profile criminal and civil cases? Surely not.
  H.R. 4899 already lets oil and gas companies choose between the local 
district court that oversees Federal property for the leases in 
question or the District Court for the District of Columbia.
  This section, therefore, allows oil and gas cases to bump some of the 
most important legal cases in the Nation off of the D.C. district 
court's dockets.
  Do the oil and gas industries get to butt in line ahead of victims of 
massive Ponzi schemes? Do they get to bump ahead of litigation over 
drone strikes? Do oil and gas companies get to jump ahead of 
litigation, like the dispute between the House GOP and the Department 
of Justice over Fast and Furious?
  Clearly, that is not what my friends on the other side intended.
  Do oil and gas companies get to jump ahead of the prosecution of 
terrorists, like the mastermind of the appalling attack in Benghazi 
that claimed the lives of brave and dedicated Americans?
  I just cannot fathom that that is the intent of my colleagues, and 
the implication of this poorly-drafted addition goes beyond the D.C. 
district court.
  The Eastern District Court of Virginia's recent hearing in the case 
of the individual who plotted to bomb the U.S. Capitol should remind us 
that, across this country, there are district court hearings--important 
cases that

[[Page H5790]]

shouldn't be put on hold because Congress wants to please Big Oil.
  Even with my amendment, H.R. 4899 still includes language that 
requires cases involving oil and gas to be resolved as expeditiously as 
possible and not more than 180 days after the claim is filed. Isn't 
that enough?
  Mr. Chairman, my amendment would strike this poorly-drafted provision 
from the bill. We shouldn't let oil and gas litigation skip ahead of 
some of the most important national security cases, civil cases, and 
criminal cases of our time.
  At the very least, I would urge my friend, Chairman Hastings, to 
revisit this provision to ensure that it is consistent with the intent 
of the overall legislation.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. HASTINGS of Washington. Mr. Chairman, I yield myself as much time 
as I may consume.
  Mr. Chairman, I obviously rise in opposition to this amendment, and 
let me talk about the underlying legislation.
  The underlying legislation streamlines the judicial process to ensure 
that there are timely resolutions of lawsuits that seek to block and 
slow down American-made energy. That was what the whole idea was.
  In fact, I referred to this in my comments on the previous amendment, 
where we have a lot of litigation slowing down the process, so the 
intent of the underlying legislation was to make sure that there was a 
timely response to this, so that there can be, again, some certainty in 
the process.
  Now, what I find interesting--I think the gentleman from Florida 
makes some valid points as to what, perhaps, the interpretation of the 
underlying legislation, but I would remind the gentleman that--when 
this legislation was on the floor as an individual amendment--exact 
language was in here, the Judiciary Committee--who has jurisdiction, 
obviously, over this--waived their jurisdiction and felt that the 
language was very good.
  I would certainly be willing to--if the gentleman has a way to maybe 
fine-tune that, I think that is something that we should look at, but--
and this is the important point here, Mr. Chairman, as we debate this 
amendment--his approach to this is like taking a sledge hammer to a 
fly.
  I don't think that that is the proper way to go because he strikes 
the whole section dealing with giving priority and trying to get 
certainty in the judicial process, so I rise in opposition to the 
gentleman.
  I will say to the gentleman, as this legislation moves forward and he 
has some suggestions--if and when the Senate, by the way, passes 
legislation and we can fine-tune this--to address, I think, some valid 
concerns that he has, while still making sure that energy-produced 
litigation is dealt with in a timely manner. I think there might be 
some common ground on that.
  Mr. Chairman, I believe that his approach, by striking that whole 
section out of this legislation, is not the proper way to go.
  Mr. Chairman, I urge rejection of the amendment, and I reserve the 
balance of my time.
  Mr. DEUTCH. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, just to respond to a couple of points, the Judiciary 
Committee may have waived jurisdiction. As my friend knows, there was 
no vote to waive jurisdiction. Had there been, I would have raised this 
very issue then, as a member of the Judiciary Committee.
  Secondly, if the purpose of this legislation is to streamline 
lawsuits--and that was the whole idea behind the legislation--then 
having language that requires these to be heard as expeditiously as 
possible and not more than 180 days, that does that. That is in the 
bill, even after this amendment passes.
  I can't believe that it was the intention of the drafters of this 
legislation to put these oil and gas disputes ahead of cases that 
involve plots to kill Americans, as is the case with the mastermind of 
the Benghazi attack, individuals who have important civil cases, 
important criminal cases.
  I just can't imagine the dispute between the House GOP and the 
Justice Department over Fast and Furious--clearly, it wasn't the intent 
to say that the oil and gas companies are more important than seeing 
that case through.
  Mr. Chairman, I hope that this amendment will pass. We don't need to 
fine-tune the bill. It is clear enough already. I ask my colleagues to 
support this.
  Mr. Chairman, I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Chairman, I yield myself the balance 
of my time.
  I just want to point out, again, that the Judiciary Committee last 
year did waive jurisdiction on this, but I do think that the gentleman 
makes a valid point.
  We all know that legislation is a work in progress, many times. As I 
acknowledge, I think the gentleman raises the point; but, again, Mr. 
Chairman, the reason why this amendment ought to be rejected is because 
it takes out the whole section, and now, you are left with a situation 
where there is not a certainty whatsoever in these lawsuits.
  I don't think that is a proper way to go, especially with the 
volatility of the energy market worldwide. When we have an opportunity 
to use the resources we have in this country, whether you are talking 
about offshore or onshore, to ensure not only the safety, but to add 
certainty to a growing economy, we should take advantage of that.
  I would urge rejection of this amendment because I think that what we 
put in the underlying legislation is valid for what it is attempting to 
do.
  Mr. Chairman, I urge rejection of the amendment, and I yield back the 
balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Deutch).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. DEUTCH. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Florida will 
be postponed.
  The Acting CHAIR. The Committee will rise informally.
  The Speaker pro tempore (Mr. Bishop of Utah) assumed the chair.

                          ____________________