[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.
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