[Congressional Record Volume 160, Number 134 (Thursday, September 18, 2014)]
[House]
[Pages H7819-H7854]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMERICAN ENERGY SOLUTIONS FOR LOWER COSTS AND MORE AMERICAN JOBS ACT
Mr. HASTINGS of Washington. Mr. Speaker, pursuant to House Resolution
727, I call up the bill (H.R. 2) to remove Federal Government obstacles
to the production of more domestic energy; to ensure transport of that
energy reliably to businesses, consumers, and other end users; to lower
the cost of energy to consumers; to enable manufacturers and other
businesses to access domestically produced energy affordably and
reliably in order to create and sustain more secure and well-paying
American jobs; and for other purposes, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 727, the bill
is considered read.
The text of the bill is as follows:
H.R. 2
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American
Energy Solutions for Lower Costs and More American Jobs
Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
DIVISION A--ENERGY AND COMMERCE
TITLE I--MODERNIZING INFRASTRUCTURE
Subtitle A--Northern Route Approval
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Keystone XL permit approval.
Sec. 104. Judicial review.
Sec. 105. American burying beetle.
Sec. 106. Right-of-way and temporary use permit.
Sec. 107. Permits for activities in navigable waters.
Sec. 108. Migratory Bird Treaty Act permit.
Sec. 109. Oil spill response plan disclosure.
Subtitle B--Natural Gas Pipeline Permitting Reform
Sec. 121. Short title.
Sec. 122. Regulatory approval of natural gas pipeline projects.
Subtitle C--North American Energy Infrastructure
Sec. 131. Short title.
Sec. 132. Finding.
Sec. 133. Authorization of certain energy infrastructure projects at
the national boundary of the United States.
Sec. 134. Importation or exportation of natural gas to Canada and
Mexico.
Sec. 135. Transmission of electric energy to Canada and Mexico.
Sec. 136. No Presidential permit required.
Sec. 137. Modifications to existing projects.
Sec. 138. Effective date; rulemaking deadlines.
Sec. 139. Definitions.
TITLE II--MAINTAINING DIVERSE ELECTRICITY GENERATION AND AFFORDABILITY
Subtitle A--Energy Consumers Relief
Sec. 201. Short title.
Sec. 202. Prohibition against finalizing certain energy-related rules
that will cause significant adverse effects to the
economy.
Sec. 203. Reports and determinations prior to promulgating as final
certain energy-related rules.
Sec. 204. Definitions.
Sec. 205. Prohibition on use of social cost of carbon in analysis.
Subtitle B--Electricity Security and Affordability
Sec. 211. Short title.
Sec. 212. Standards of performance for new fossil fuel-fired electric
utility generating units.
Sec. 213. Congress To set effective date for standards of performance
for existing, modified, and reconstructed fossil fuel-
fired electric utility generating units.
Sec. 214. Repeal of earlier rules and guidelines.
Sec. 215. Definitions.
Subtitle C--Report on Energy and Water Savings Potential From Thermal
Insulation
Sec. 221. Report on energy and water savings potential from thermal
insulation.
TITLE III--UNLEASHING ENERGY DIPLOMACY
Sec. 301. Short title.
Sec. 302. Action on applications.
Sec. 303. Public disclosure of export destinations.
DIVISION B--NATURAL RESOURCES COMMITTEE
Sec. 201. References.
Subdivision A--Lowering Gasoline Prices to Fuel an America That Works
Act of 2014
Sec. 1. Short title.
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.
Sec. 10105. Addition of lease sales after finalization of 5-year plan.
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.
Sec. 10603. South Atlantic Outer Continental Shelf Planning Area
defined.
Sec. 10604. Enhancing geological and geophysical information for
America's energy future.
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.
[[Page H7820]]
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.
Subtitle E--Native American Energy
Sec. 25001. Short title.
Sec. 25002. Appraisals.
Sec. 25003. Standardization.
Sec. 25004. Environmental reviews of major Federal actions on Indian
lands.
Sec. 25005. Judicial review.
Sec. 25006. Tribal biomass demonstration project.
Sec. 25007. Tribal resource management plans.
Sec. 25008. Leases of restricted lands for the Navajo Nation.
Sec. 25009. Nonapplicability of certain rules.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 30101. Establishment of Office of Energy Employment and Training.
Subdivision B--Bureau of Reclamation Conduit Hydropower Development
Equity and Jobs Act
Sec. 1. Short title.
Sec. 2. Amendment.
Subdivision C--Central Oregon Jobs and Water Security Act
Sec. 1. Short title.
Sec. 2. Wild and Scenic River; Crooked, Oregon.
Sec. 3. City of Prineville Water Supply.
Sec. 4. First fill protection.
Sec. 5. Ochoco Irrigation District.
Subdivision D--State Authority For Hydraulic Fracturing Regulation; EPA
Hydraulic Fracturing Research
TITLE I--STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION
Sec. 101. Short title.
Sec. 102. State authority for hydraulic fracturing regulation.
Sec. 103. Government Accountability Office study.
Sec. 104. Tribal authority on trust land.
TITLE II--EPA HYDRAULIC FRACTURING RESEARCH
Sec. 201. Short title.
Sec. 202. Epa hydraulic fracturing research.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Review of State activities.
Subdivision E--Preventing Government Waste and Protecting Coal Mining
Jobs in America
Sec. 1. Short title.
Sec. 2. Incorporation of surface mining stream buffer zone rule into
State programs.
DIVISION C--JUDICIARY
Sec. 1. Short title.
Sec. 2. Coordination of agency administrative operations for efficient
decisionmaking.
DIVISION A--ENERGY AND COMMERCE
TITLE I--MODERNIZING INFRASTRUCTURE
Subtitle A--Northern Route Approval
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Northern Route Approval
Act''.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) To maintain our Nation's competitive edge and ensure an
economy built to last, the United States must have fast,
reliable, resilient, and environmentally sound means of
moving energy. In a global economy, we will compete for the
world's investments based in significant part on the quality
of our infrastructure. Investing in the Nation's
infrastructure provides immediate and long-term economic
benefits for local communities and the Nation as a whole.
(2) The delivery of oil from Canada, a close ally not only
in proximity but in shared values and ideals, to domestic
markets is in the national interest because of the need to
lessen dependence upon insecure foreign sources.
(3) The Keystone XL pipeline would provide both short-term
and long-term employment opportunities and related labor
income benefits, such as government revenues associated with
taxes.
(4) The State of Nebraska has thoroughly reviewed and
approved the proposed Keystone XL pipeline reroute,
concluding that the concerns of Nebraskans have had a major
influence on the pipeline reroute and that the reroute will
have minimal environmental impacts.
(5) The Keystone XL is in much the same position today as
the Alaska Pipeline in 1973 prior to congressional action.
Once again, the Federal regulatory process remains an
insurmountable obstacle to a project that is likely to reduce
oil imports from insecure foreign sources.
SEC. 103. KEYSTONE XL PERMIT APPROVAL.
Notwithstanding Executive Order No. 13337 (3 U.S.C. 301
note), Executive Order No. 11423 (3 U.S.C. 301 note), section
301 of title 3, United States Code, and any other Executive
order or provision of law, no Presidential permit shall be
required for the pipeline described in the application filed
on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the
Department of State for the Keystone XL pipeline, as
supplemented to include the Nebraska reroute evaluated in the
Final Evaluation Report issued by the Nebraska Department of
Environmental Quality in January 2013 and approved by the
Nebraska governor. The final environmental impact statement
issued by the Secretary of State on January 31, 2014, coupled
with the Final Evaluation Report described in the previous
sentence, shall be considered to satisfy all requirements of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
SEC. 104. JUDICIAL REVIEW.
(a) Exclusive Jurisdiction.--Except for review by the
Supreme Court on writ of certiorari, the United States Court
of Appeals for the District of Columbia Circuit shall have
original and exclusive jurisdiction to determine--
(1) the validity of any final order or action (including a
failure to act) of any Federal agency or officer with respect
to issuance of a permit relating to the construction or
maintenance of the Keystone XL pipeline, including any final
order or action deemed to be taken, made, granted, or issued;
(2) the constitutionality of any provision of this
subtitle, or any decision or action taken, made, granted, or
issued, or deemed to be taken, made, granted, or issued under
this subtitle; or
(3) the adequacy of any environmental impact statement
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), or of any analysis under any other
Act, with respect to any action taken, made, granted, or
issued, or deemed to be taken, made, granted, or issued under
this subtitle.
(b) Deadline for Filing Claim.--A claim arising under this
subtitle may be brought not later than 60 days after the date
of the decision or action giving rise to the claim.
(c) Expedited Consideration.--The United States Court of
Appeals for the District of Columbia Circuit shall set any
action brought under subsection (a) for expedited
consideration, taking into account the national interest of
enhancing national energy security by providing access to the
significant oil reserves in Canada that are needed to meet
the demand for oil.
SEC. 105. AMERICAN BURYING BEETLE.
(a) Findings.--The Congress finds that--
(1) environmental reviews performed for the Keystone XL
pipeline project satisfy the requirements of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) in its
entirety; and
(2) for purposes of that Act, the Keystone XL pipeline
project will not jeopardize the continued existence of the
American burying beetle or destroy or adversely modify
American burying beetle critical habitat.
(b) Biological Opinion.--The Secretary of the Interior is
deemed to have issued a written statement setting forth the
Secretary's opinion containing such findings under section
7(b)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C.
1536(b)(1)(A)) and any taking of the American burying beetle
that is incidental to the construction or operation and
maintenance of the Keystone XL pipeline as it may be
ultimately defined in its entirety, shall not be considered a
prohibited taking of such species under such Act.
SEC. 106. RIGHT-OF-WAY AND TEMPORARY USE PERMIT.
The Secretary of the Interior is deemed to have granted or
issued a grant of right-of-
[[Page H7821]]
way and temporary use permit under section 28 of the Mineral
Leasing Act (30 U.S.C. 185) and the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth
in the application tendered to the Bureau of Land Management
for the Keystone XL pipeline.
SEC. 107. PERMITS FOR ACTIVITIES IN NAVIGABLE WATERS.
(a) Issuance of Permits.--The Secretary of the Army, not
later than 90 days after receipt of an application therefor,
shall issue all permits under section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) and section 10
of the Act of March 3, 1899 (33 U.S.C. 403; commonly known as
the Rivers and Harbors Appropriations Act of 1899), necessary
for the construction, operation, and maintenance of the
pipeline described in the May 4, 2012, application referred
to in section 103, as supplemented by the Nebraska reroute.
The application shall be based on the administrative record
for the pipeline as of the date of enactment of this Act,
which shall be considered complete.
(b) Waiver of Procedural Requirements.--The Secretary may
waive any procedural requirement of law or regulation that
the Secretary considers desirable to waive in order to
accomplish the purposes of this section.
(c) Issuance in Absence of Action by the Secretary.--If the
Secretary has not issued a permit described in subsection (a)
on or before the last day of the 90-day period referred to in
subsection (a), the permit shall be deemed issued under
section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) or section 10 of the Act of March 3, 1899 (33
U.S.C. 403), as appropriate, on the day following such last
day.
(d) Limitation.--The Administrator of the Environmental
Protection Agency may not prohibit or restrict an activity or
use of an area that is authorized under this section.
SEC. 108. MIGRATORY BIRD TREATY ACT PERMIT.
The Secretary of the Interior is deemed to have issued a
special purpose permit under the Migratory Bird Treaty Act
(16 U.S.C. 703 et seq.), as described in the application
filed with the United States Fish and Wildlife Service for
the Keystone XL pipeline on January 11, 2013.
SEC. 109. OIL SPILL RESPONSE PLAN DISCLOSURE.
(a) In General.--Any pipeline owner or operator required
under Federal law to develop an oil spill response plan for
the Keystone XL pipeline shall make such plan available to
the Governor of each State in which such pipeline operates to
assist with emergency response preparedness.
(b) Updates.--A pipeline owner or operator required to make
available to a Governor a plan under subsection (a) shall
make available to such Governor any update of such plan not
later than 7 days after the date on which such update is
made.
Subtitle B--Natural Gas Pipeline Permitting Reform
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ``Natural Gas Pipeline
Permitting Reform Act''.
SEC. 122. REGULATORY APPROVAL OF NATURAL GAS PIPELINE
PROJECTS.
Section 7 of the Natural Gas Act (15 U.S.C. 717f) is
amended by adding at the end the following new subsection:
``(i)(1) The Commission shall approve or deny an
application for a certificate of public convenience and
necessity for a prefiled project not later than 12 months
after receiving a complete application that is ready to be
processed, as defined by the Commission by regulation.
``(2) The agency responsible for issuing any license,
permit, or approval required under Federal law in connection
with a prefiled project for which a certificate of public
convenience and necessity is sought under this Act shall
approve or deny the issuance of the license, permit, or
approval not later than 90 days after the Commission issues
its final environmental document relating to the project.
``(3) The Commission may extend the time period under
paragraph (2) by 30 days if an agency demonstrates that it
cannot otherwise complete the process required to approve or
deny the license, permit, or approval, and therefor will be
compelled to deny the license, permit, or approval. In
granting an extension under this paragraph, the Commission
may offer technical assistance to the agency as necessary to
address conditions preventing the completion of the review of
the application for the license, permit, or approval.
``(4) If an agency described in paragraph (2) does not
approve or deny the issuance of the license, permit, or
approval within the time period specified under paragraph (2)
or (3), as applicable, such license, permit, or approval
shall take effect upon the expiration of 30 days after the
end of such period. The Commission shall incorporate into the
terms of such license, permit, or approval any conditions
proffered by the agency described in paragraph (2) that the
Commission does not find are inconsistent with the final
environmental document.
``(5) For purposes of this subsection, the term `prefiled
project' means a project for the siting, construction,
expansion, or operation of a natural gas pipeline with
respect to which a prefiling docket number has been assigned
by the Commission pursuant to a prefiling process established
by the Commission for the purpose of facilitating the formal
application process for obtaining a certificate of public
convenience and necessity.''.
Subtitle C--North American Energy Infrastructure
SEC. 131. SHORT TITLE.
This subtitle may be cited as the ``North American Energy
Infrastructure Act''.
SEC. 132. FINDING.
Congress finds that the United States should establish a
more uniform, transparent, and modern process for the
construction, connection, operation, and maintenance of oil
and natural gas pipelines and electric transmission
facilities for the import and export of oil and natural gas
and the transmission of electricity to and from Canada and
Mexico, in pursuit of a more secure and efficient North
American energy market.
SEC. 133. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE
PROJECTS AT THE NATIONAL BOUNDARY OF THE UNITED
STATES.
(a) Authorization.--Except as provided in subsection (c)
and section 137, no person may construct, connect, operate,
or maintain a cross-border segment of an oil pipeline or
electric transmission facility for the import or export of
oil or the transmission of electricity to or from Canada or
Mexico without obtaining a certificate of crossing for the
construction, connection, operation, or maintenance of the
cross-border segment under this section.
(b) Certificate of Crossing.--
(1) Requirement.--Not later than 120 days after final
action is taken under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to a cross-
border segment for which a request is received under this
section, the relevant official identified under paragraph
(2), in consultation with appropriate Federal agencies, shall
issue a certificate of crossing for the cross-border segment
unless the relevant official finds that the construction,
connection, operation, or maintenance of the cross-border
segment is not in the public interest of the United States.
(2) Relevant official.--The relevant official referred to
in paragraph (1) is--
(A) the Secretary of State with respect to oil pipelines;
and
(B) the Secretary of Energy with respect to electric
transmission facilities.
(3) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate of
crossing for the construction, connection, operation, or
maintenance of a cross-border segment of an electric
transmission facility, the Secretary of Energy shall require,
as a condition of issuing the certificate of crossing for the
request under paragraph (1), that the cross-border segment of
the electric transmission facility be constructed, connected,
operated, or maintained consistent with all applicable
policies and standards of--
(A) the Electric Reliability Organization and the
applicable regional entity; and
(B) any Regional Transmission Organization or Independent
System Operator with operational or functional control over
the cross-border segment of the electric transmission
facility.
(c) Exclusions.--This section shall not apply to any
construction, connection, operation, or maintenance of a
cross-border segment of an oil pipeline or electric
transmission facility for the import or export of oil or the
transmission of electricity to or from Canada or Mexico--
(1) if the cross-border segment is operating for such
import, export, or transmission as of the date of enactment
of this Act;
(2) if a permit described in section 136 for such
construction, connection, operation, or maintenance has been
issued;
(3) if a certificate of crossing for such construction,
connection, operation, or maintenance has previously been
issued under this section; or
(4) if an application for a permit described in section 136
for such construction, connection, operation, or maintenance
is pending on the date of enactment of this Act, until the
earlier of--
(A) the date on which such application is denied; or
(B) July 1, 2016.
(d) Effect of Other Laws.--
(1) Application to projects.--Nothing in this section or
section 137 shall affect the application of any other Federal
statute to a project for which a certificate of crossing for
the construction, connection, operation, or maintenance of a
cross-border segment is sought under this section.
(2) Natural gas act.--Nothing in this section or section
137 shall affect the requirement to obtain approval or
authorization under sections 3 and 7 of the Natural Gas Act
for the siting, construction, or operation of any facility to
import or export natural gas.
(3) Energy policy and conservation act.--Nothing in this
section or section 137 shall affect the authority of the
President under section 103(a) of the Energy Policy and
Conservation Act.
SEC. 134. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA
AND MEXICO.
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is
amended by adding at the end the following: ``No order is
required under subsection (a) to authorize the export or
import of any natural gas to or from Canada or Mexico.''.
[[Page H7822]]
SEC. 135. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND
MEXICO.
(a) Repeal of Requirement To Secure Order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(b) Conforming Amendments.--
(1) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(2) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that
follows through the period at the end and inserting ``the
Secretary has conducted hearings and finds that the proposed
transmission facilities would not impair the sufficiency of
electric supply within the United States or would not impede
or tend to impede the coordination in the public interest of
facilities subject to the jurisdiction of the Secretary.''.
SEC. 136. NO PRESIDENTIAL PERMIT REQUIRED.
No Presidential permit (or similar permit) required under
Executive Order No. 13337 (3 U.S.C. 301 note), Executive
Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3,
United States Code, Executive Order No. 12038, Executive
Order No. 10485, or any other Executive order shall be
necessary for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric
transmission facility, or any cross-border segment thereof.
SEC. 137. MODIFICATIONS TO EXISTING PROJECTS.
No certificate of crossing under section 133, or permit
described in section 136, shall be required for a
modification to the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric
transmission facility--
(1) that is operating for the import or export of oil or
natural gas or the transmission of electricity to or from
Canada or Mexico as of the date of enactment of the Act;
(2) for which a permit described in section 136 for such
construction, connection, operation, or maintenance has been
issued; or
(3) for which a certificate of crossing for the cross-
border segment of the pipeline or facility has previously
been issued under section 133.
SEC. 138. EFFECTIVE DATE; RULEMAKING DEADLINES.
(a) Effective Date.--Sections 133 through 137, and the
amendments made by such sections, shall take effect on July
1, 2015.
(b) Rulemaking Deadlines.--Each relevant official described
in section 133(b)(2) shall--
(1) not later than 180 days after the date of enactment of
this Act, publish in the Federal Register notice of a
proposed rulemaking to carry out the applicable requirements
of section 133; and
(2) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to
carry out the applicable requirements of section 133.
SEC. 139. DEFINITIONS.
In this subtitle--
(1) the term ``cross-border segment'' means the portion of
an oil or natural gas pipeline or electric transmission
facility that is located at the national boundary of the
United States with either Canada or Mexico;
(2) the term ``modification'' includes a reversal of flow
direction, change in ownership, volume expansion, downstream
or upstream interconnection, or adjustment to maintain flow
(such as a reduction or increase in the number of pump or
compressor stations);
(3) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
(4) the term ``oil'' means petroleum or a petroleum
product;
(5) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o); and
(6) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings
given those terms in section 3 of the Federal Power Act (16
U.S.C. 796).
TITLE II--MAINTAINING DIVERSE ELECTRICITY GENERATION AND AFFORDABILITY
Subtitle A--Energy Consumers Relief
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Energy Consumers Relief
Act of 2014''.
SEC. 202. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-
RELATED RULES THAT WILL CAUSE SIGNIFICANT
ADVERSE EFFECTS TO THE ECONOMY.
Notwithstanding any other provision of law, the
Administrator of the Environmental Protection Agency may not
promulgate as final an energy-related rule that is estimated
to cost more than $1 billion if the Secretary of Energy
determines under section 203(3) that the rule will cause
significant adverse effects to the economy.
SEC. 203. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS
FINAL CERTAIN ENERGY-RELATED RULES.
Before promulgating as final any energy-related rule that
is estimated to cost more than $1 billion:
(1) Report to congress.--The Administrator of the
Environmental Protection Agency shall submit to Congress a
report (and transmit a copy to the Secretary of Energy)
containing--
(A) a copy of the rule;
(B) a concise general statement relating to the rule;
(C) an estimate of the total costs of the rule, including
the direct costs and indirect costs of the rule;
(D)(i) an estimate of the total benefits of the rule and
when such benefits are expected to be realized;
(ii) a description of the modeling, the calculations, the
assumptions, and the limitations due to uncertainty,
speculation, or lack of information associated with the
estimates under this subparagraph; and
(iii) a certification that all data and documents relied
upon by the Agency in developing such estimates--
(I) have been preserved; and
(II) are available for review by the public on the Agency's
Web site, except to the extent to which publication of such
data and documents would constitute disclosure of
confidential information in violation of applicable Federal
law;
(E) an estimate of the increases in energy prices,
including potential increases in gasoline or electricity
prices for consumers, that may result from implementation or
enforcement of the rule; and
(F) a detailed description of the employment effects,
including potential job losses and shifts in employment, that
may result from implementation or enforcement of the rule.
(2) Initial determination on increases and impacts.--The
Secretary of Energy, in consultation with the Federal Energy
Regulatory Commission and the Administrator of the Energy
Information Administration, shall prepare an independent
analysis to determine whether the rule will cause--
(A) any increase in energy prices for consumers, including
low-income households, small businesses, and manufacturers;
(B) any impact on fuel diversity of the Nation's
electricity generation portfolio or on national, regional, or
local electric reliability;
(C) any adverse effect on energy supply, distribution, or
use due to the economic or technical infeasibility of
implementing the rule; or
(D) any other adverse effect on energy supply,
distribution, or use (including a shortfall in supply and
increased use of foreign supplies).
(3) Subsequent determination on adverse effects to the
economy.--If the Secretary of Energy determines, under
paragraph (2), that the rule will cause an increase, impact,
or effect described in such paragraph, then the Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, the Secretary of Commerce, the Secretary
of Labor, and the Administrator of the Small Business
Administration, shall--
(A) determine whether the rule will cause significant
adverse effects to the economy, taking into consideration--
(i) the costs and benefits of the rule and limitations in
calculating such costs and benefits due to uncertainty,
speculation, or lack of information; and
(ii) the positive and negative impacts of the rule on
economic indicators, including those related to gross
domestic product, unemployment, wages, consumer prices, and
business and manufacturing activity; and
(B) publish the results of such determination in the
Federal Register.
SEC. 204. DEFINITIONS.
In this subtitle:
(1) The terms ``direct costs'' and ``indirect costs'' have
the meanings given such terms in chapter 8 of the
Environmental Protection Agency's ``Guidelines for Preparing
Economic Analyses'' dated December 17, 2010.
(2) The term ``energy-related rule that is estimated to
cost more than $1 billion'' means a rule of the Environmental
Protection Agency that--
(A) regulates any aspect of the production, supply,
distribution, or use of energy or provides for such
regulation by States or other governmental entities; and
(B) is estimated by the Administrator of the Environmental
Protection Agency or the Director of the Office of Management
and Budget to impose direct costs and indirect costs, in the
aggregate, of more than $1,000,000,000.
(3) The term ``rule'' has the meaning given to such term in
section 551 of title 5, United States Code.
SEC. 205. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN
ANALYSIS.
(a) In General.--Notwithstanding any other provision of law
or any executive order, the Administrator of the
Environmental Protection Agency may not use the social cost
of carbon in order to incorporate social benefits of reducing
carbon dioxide emissions, or for any other reason, in any
cost-benefit analysis relating to an energy-related rule that
is estimated to cost more than $1 billion unless and until a
Federal law is enacted authorizing such use.
(b) Definition.--In this section, the term ``social cost of
carbon'' means the social cost of carbon as described in the
technical support document entitled ``Technical Support
Document: Technical Update of the Social Cost of Carbon for
Regulatory Impact Analysis Under Executive Order 12866'',
published by the Interagency Working Group on Social Cost of
Carbon, United States Government, in May 2013, or any
successor or substantially related document, or any other
estimate of the monetized damages associated with an
incremental increase in carbon dioxide emissions in a given
year.
[[Page H7823]]
Subtitle B--Electricity Security and Affordability
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Electricity Security
and Affordability Act''.
SEC. 212. STANDARDS OF PERFORMANCE FOR NEW FOSSIL FUEL-FIRED
ELECTRIC UTILITY GENERATING UNITS.
(a) Limitation.--The Administrator of the Environmental
Protection Agency may not issue, implement, or enforce any
proposed or final rule under section 111 of the Clean Air Act
(42 U.S.C. 7411) that establishes a standard of performance
for emissions of any greenhouse gas from any new source that
is a fossil fuel-fired electric utility generating unit
unless such rule meets the requirements under subsections (b)
and (c).
(b) Requirements.--In issuing any rule under section 111 of
the Clean Air Act (42 U.S.C. 7411) establishing standards of
performance for emissions of any greenhouse gas from new
sources that are fossil fuel-fired electric utility
generating units, the Administrator of the Environmental
Protection Agency (for purposes of establishing such
standards)--
(1) shall separate sources fueled with coal and natural gas
into separate categories; and
(2) shall not set a standard based on the best system of
emission reduction for new sources within a fossil-fuel
category unless--
(A) such standard has been achieved on average for at least
one continuous 12-month period (excluding planned outages) by
each of at least 6 units within such category--
(i) each of which is located at a different electric
generating station in the United States;
(ii) which, collectively, are representative of the
operating characteristics of electric generation at different
locations in the United States; and
(iii) each of which is operated for the entire 12-month
period on a full commercial basis; and
(B) no results obtained from any demonstration project are
used in setting such standard.
(c) Coal Having a Heat Content of 8300 or Less British
Thermal Units Per Pound.--
(1) Separate subcategory.--In carrying out subsection
(b)(1), the Administrator of the Environmental Protection
Agency shall establish a separate subcategory for new sources
that are fossil fuel-fired electric utility generating units
using coal with an average heat content of 8300 or less
British Thermal Units per pound.
(2) Standard.--Notwithstanding subsection (b)(2), in
issuing any rule under section 111 of the Clean Air Act (42
U.S.C. 7411) establishing standards of performance for
emissions of any greenhouse gas from new sources in such
subcategory, the Administrator of the Environmental
Protection Agency shall not set a standard based on the best
system of emission reduction unless--
(A) such standard has been achieved on average for at least
one continuous 12-month period (excluding planned outages) by
each of at least 3 units within such subcategory--
(i) each of which is located at a different electric
generating station in the United States;
(ii) which, collectively, are representative of the
operating characteristics of electric generation at different
locations in the United States; and
(iii) each of which is operated for the entire 12-month
period on a full commercial basis; and
(B) no results obtained from any demonstration project are
used in setting such standard.
(d) Technologies.--Nothing in this section shall be
construed to preclude the issuance, implementation, or
enforcement of a standard of performance that--
(1) is based on the use of one or more technologies that
are developed in a foreign country, but has been demonstrated
to be achievable at fossil fuel-fired electric utility
generating units in the United States; and
(2) meets the requirements of subsection (b) and (c), as
applicable.
SEC. 213. CONGRESS TO SET EFFECTIVE DATE FOR STANDARDS OF
PERFORMANCE FOR EXISTING, MODIFIED, AND
RECONSTRUCTED FOSSIL FUEL-FIRED ELECTRIC
UTILITY GENERATING UNITS.
(a) Applicability.--This section applies with respect to
any rule or guidelines issued by the Administrator of the
Environmental Protection Agency under section 111 of the
Clean Air Act (42 U.S.C. 7411) that--
(1) establish any standard of performance for emissions of
any greenhouse gas from any modified or reconstructed source
that is a fossil fuel-fired electric utility generating unit;
or
(2) apply to the emissions of any greenhouse gas from an
existing source that is a fossil fuel-fired electric utility
generating unit.
(b) Congress To Set Effective Date.--A rule or guidelines
described in subsection (a) shall not take effect unless a
Federal law is enacted specifying such rule's or guidelines'
effective date.
(c) Reporting.--A rule or guidelines described in
subsection (a) shall not take effect unless the Administrator
of the Environmental Protection Agency has submitted to
Congress a report containing each of the following:
(1) The text of such rule or guidelines.
(2) The economic impacts of such rule or guidelines,
including the potential effects on--
(A) economic growth, competitiveness, and jobs in the
United States;
(B) electricity ratepayers, including low-income ratepayers
in affected States;
(C) required capital investments and projected costs for
operation and maintenance of new equipment required to be
installed; and
(D) the global economic competitiveness of the United
States.
(3) The amount of greenhouse gas emissions that such rule
or guidelines are projected to reduce as compared to overall
global greenhouse gas emissions.
(d) Consultation.--In carrying out subsection (c), the
Administrator of the Environmental Protection Agency shall
consult with the Administrator of the Energy Information
Administration, the Comptroller General of the United States,
the Director of the National Energy Technology Laboratory,
and the Under Secretary of Commerce for Standards and
Technology.
SEC. 214. REPEAL OF EARLIER RULES AND GUIDELINES.
The following rules and guidelines shall be of no force or
effect, and shall be treated as though such rules and
guidelines had never been issued:
(1) The proposed rule--
(A) entitled ``Standards of Performance for Greenhouse Gas
Emissions for New Stationary Sources: Electric Utility
Generating Units'', published at 77 Fed. Reg. 22392 (April
13, 2012); and
(B) withdrawn pursuant to the notice entitled ``Withdrawal
of Proposed Standards of Performance for Greenhouse Gas
Emissions From New Stationary Sources: Electric Utility
Generating Units'', published at 79 Fed. Reg. 1352 (January
8, 2014).
(2) The proposed rule entitled ``Standards of Performance
for Greenhouse Gas Emissions From New Stationary Sources:
Electric Utility Generating Units'', published at 79 Fed.
Reg. 1430 (January 8, 2014).
(3) With respect to the proposed rules described in
paragraphs (1) and (2), any successor or substantially
similar proposed or final rule that--
(A) is issued prior to the date of the enactment of this
Act;
(B) is applicable to any new source that is a fossil fuel-
fired electric utility generating unit; and
(C) does not meet the requirements under subsections (b)
and (c) of section 212.
(4) The proposed rule entitled ``Carbon Pollution Emission
Guidelines for Existing Stationary Sources: Electric Utility
Generating Units'', published at 79 Fed. Reg. 34830 (June 18,
2014).
(5) The proposed rule entitled ``Carbon Pollution Standards
for Modified and Reconstructed Stationary Sources: Electric
Utility Generating Units'', published at 79 Fed. Reg. 34960
(June 18, 2014).
(6) With respect to the proposed rules described in
paragraphs (4) and (5), any successor or substantially
similar proposed or final rule that--
(A) is issued prior to the date of the enactment of this
Act; and
(B) is applicable to any existing, modified, or
reconstructed source that is a fossil fuel-fired electric
utility generating unit.
SEC. 215. DEFINITIONS.
In this subtitle:
(1) Demonstration project.--The term ``demonstration
project'' means a project to test or demonstrate the
feasibility of carbon capture and storage technologies that
has received Federal Government funding or financial
assistance.
(2) Existing source.--The term ``existing source'' has the
meaning given such term in section 111(a) of the Clean Air
Act (42 U.S.C. 7411(a)), except such term shall not include
any modified source.
(3) Greenhouse gas.--The term ``greenhouse gas'' means any
of the following:
(A) Carbon dioxide.
(B) Methane.
(C) Nitrous oxide.
(D) Sulfur hexafluoride.
(E) Hydrofluorocarbons.
(F) Perfluorocarbons.
(4) Modification.--The term ``modification'' has the
meaning given such term in section 111(a) of the Clean Air
Act (42 U.S.C. 7411(a)).
(5) Modified source.--The term ``modified source'' means
any stationary source, the modification of which is commenced
after the date of the enactment of this Act.
(6) New source.--The term ``new source'' has the meaning
given such term in section 111(a) of the Clean Air Act (42
U.S.C. 7411(a)), except that such term shall not include any
modified source.
Subtitle C--Report on Energy and Water Savings Potential From Thermal
Insulation
SEC. 221. REPORT ON ENERGY AND WATER SAVINGS POTENTIAL FROM
THERMAL INSULATION.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy, in
consultation with appropriate Federal agencies and relevant
stakeholders, shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the
impact of thermal insulation on both energy and water use
systems for potable hot and chilled water in Federal
buildings, and the return on investment of installing such
insulation.
(b) Contents.--The report shall include--
(1) an analysis based on the cost of municipal or regional
water for delivered water and the avoided cost of new water;
and
[[Page H7824]]
(2) a summary of energy and water savings, including short
term and long term (20 years) projections of such savings.
TITLE III--UNLEASHING ENERGY DIPLOMACY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Domestic Prosperity and
Global Freedom Act''.
SEC. 302. ACTION ON APPLICATIONS.
(a) Decision Deadline.--For proposals that must also obtain
authorization from the Federal Energy Regulatory Commission
or the United States Maritime Administration to site,
construct, expand, or operate LNG export facilities, the
Department of Energy shall issue a final decision on any
application for the authorization to export natural gas under
section 3 of the Natural Gas Act (15 U.S.C. 717b) not later
than 30 days after the later of--
(1) the conclusion of the review to site, construct,
expand, or operate the LNG facilities required by the
National Environmental Policy Act of 1969 (42 U.S. C. 4321 et
seq.); or
(2) the date of enactment of this Act.
(b) Conclusion of Review.--For purposes of subsection (a),
review required by the National Environmental Policy Act of
1969 shall be considered concluded--
(1) for a project requiring an Environmental Impact
Statement, 30 days after publication of a Final Environmental
Impact Statement;
(2) for a project for which an Environmental Assessment has
been prepared, 30 days after publication by the Department of
Energy of a Finding of No Significant Impact; and
(3) upon a determination by the lead agency that an
application is eligible for a categorical exclusion pursuant
National Environmental Policy Act of 1969 implementing
regulations.
(c) Judicial Action.--(1) The United States Court of
Appeals for the circuit in which the export facility will be
located pursuant to an application described in subsection
(a) shall have original and exclusive jurisdiction over any
civil action for the review of--
(A) an order issued by the Department of Energy with
respect to such application; or
(B) the Department of Energy's failure to issue a final
decision on such application.
(2) If the Court in a civil action described in paragraph
(1) finds that the Department of Energy has failed to issue a
final decision on the application as required under
subsection (a), the Court shall order the Department of
Energy to issue such final decision not later than 30 days
after the Court's order.
(3) The Court shall set any civil action brought under this
subsection for expedited consideration and shall set the
matter on the docket as soon as practical after the filing
date of the initial pleading.
SEC. 303. PUBLIC DISCLOSURE OF EXPORT DESTINATIONS.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is
amended by adding at the end the following:
``(g) Public Disclosure of LNG Export Destinations.--As a
condition for approval of any authorization to export LNG,
the Secretary of Energy shall require the applicant to
publicly disclose the specific destination or destinations of
any such authorized LNG exports.''.
DIVISION B--NATURAL RESOURCES COMMITTEE
SEC. 201. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' in any subdivision of this division shall be
treated as referring only to the provisions of that
subdivision.
SUBDIVISION A--LOWERING GASOLINE PRICES TO FUEL AN AMERICA THAT WORKS
ACT OF 2014
SEC. 1. SHORT TITLE.
This subdivision may be cited as the ``Lowering Gasoline
Prices to Fuel an America That Works Act of 2014''.
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 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).
SEC. 10105. 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
[[Page H7825]]
U.S.C. 4332) have been completed with respect to leasing of
each such additional area within the 5-year period preceding
such addition.''.
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).
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.--
[[Page H7826]]
``(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--
(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;
[[Page H7827]]
(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 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
[[Page H7828]]
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 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.
[[Page H7829]]
``(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''.
SEC. 10603. 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.
SEC. 10604. 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.''.
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
[[Page H7830]]
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''.
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
[[Page H7831]]
(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.
(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) After the conclusion of the public comment period for
a planned competitive lease sale, the Secretary shall not
cancel, defer, or withdraw any lease parcel announced to be
auctioned in the lease sale.
``(G) 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.
``(H) 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
[[Page H7832]]
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 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
[[Page H7833]]
(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.
(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.
Subtitle E--Native American Energy
SEC. 25001. SHORT TITLE.
This subtitle may be cited as the ``Native American Energy
Act''.
SEC. 25002. APPRAISALS.
(a) Amendment.--Title XXVI of the Energy Policy Act of 1992
(25 U.S.C. 3501 et seq.) is amended by adding at the end the
following:
``SEC. 2607. APPRAISAL REFORMS.
``(a) Options to Indian Tribes.--With respect to a
transaction involving Indian land or the trust assets of an
Indian tribe that requires the approval of the Secretary, any
appraisal relating to fair market value required to be
conducted under applicable law, regulation, or policy may be
completed by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Time Limit on Secretarial Review and Action.--Not
later than 30 days after the date on which the Secretary
receives an appraisal conducted by or for an Indian tribe
pursuant to paragraphs (2) or (3) of subsection (a), the
Secretary shall--
``(1) review the appraisal; and
``(2) provide to the Indian tribe a written notice of
approval or disapproval of the appraisal.
``(c) Failure of Secretary To Approve or Disapprove.--If,
after 60 days, the Secretary has failed to approve or
disapprove any appraisal received, the appraisal shall be
deemed approved.
``(d) Option to Indian Tribes To Waive Appraisal.--
``(1) An Indian tribe wishing to waive the requirements of
subsection (a), may do so after it has satisfied the
requirements of subsections (2) and (3) below.
``(2) An Indian tribe wishing to forego the necessity of a
waiver pursuant to this section must provide to the Secretary
a written resolution, statement, or other unambiguous
indication of tribal intent, duly approved by the governing
body of the Indian tribe.
``(3) The unambiguous indication of intent provided by the
Indian tribe to the Secretary under paragraph (2) must
include an express waiver by the Indian tribe of any claims
for damages it might have against the United States as a
result of the lack of an appraisal undertaken.
``(e) Definition.--For purposes of this subsection, the
term `appraisal' includes appraisals and other estimates of
value.
``(f) Regulations.--The Secretary shall develop regulations
for implementing this section, including standards the
Secretary shall
[[Page H7834]]
use for approving or disapproving an appraisal.''.
(b) Conforming Amendment.--The table of contents of the
Energy Policy Act of 1992 (42 U.S.C. 13201 note) is amended
by adding at the end of the items relating to title XXVI the
following:
``Sec. 2607. Appraisal reforms.''.
SEC. 25003. STANDARDIZATION.
As soon as practicable after the date of the enactment of
this Act, the Secretary of the Interior shall implement
procedures to ensure that each agency within the Department
of the Interior that is involved in the review, approval, and
oversight of oil and gas activities on Indian lands shall use
a uniform system of reference numbers and tracking systems
for oil and gas wells.
SEC. 25004. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON
INDIAN LANDS.
Section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) is amended by inserting ``(a) In
General.--'' before the first sentence, and by adding at the
end the following:
``(b) Review of Major Federal Actions on Indian Lands.--
``(1) In general.--For any major Federal action on Indian
lands of an Indian tribe requiring the preparation of a
statement under subsection (a)(2)(C), the statement shall
only be available for review and comment by the members of
the Indian tribe and by any other individual residing within
the affected area.
``(2) Regulations.--The Chairman of the Council on
Environmental Quality shall develop regulations to implement
this section, including descriptions of affected areas for
specific major Federal actions, in consultation with Indian
tribes.
``(3) Definitions.--In this subsection, each of the terms
`Indian land' and `Indian tribe' has the meaning given that
term in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501).
``(4) Clarification of authority.--Nothing in the Native
American Energy Act, except section 25006 of that Act, shall
give the Secretary any additional authority over energy
projects on Alaska Native Claims Settlement Act lands.''.
SEC. 25005. JUDICIAL REVIEW.
(a) Time for Filing Complaint.--Any energy related action
must be filed not later than the end of the 60-day period
beginning on the date of the final agency action. Any energy
related action not filed within this time period shall be
barred.
(b) District Court Venue and Deadline.--All energy related
actions--
(1) shall be brought in the United States District Court
for the District of Columbia; and
(2) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause of action
is filed.
(c) Appellate Review.--An interlocutory order or final
judgment, decree or order of the district court in an energy
related action may be reviewed by the U.S. Court of Appeals
for the District of Columbia Circuit. The D.C. Circuit Court
of Appeals shall resolve such appeal as expeditiously as
possible, and in any event not more than 180 days after such
interlocutory order or final judgment, decree or order of the
district court was issued.
(d) Limitation on Certain Payments.--Notwithstanding
section 1304 of title 31, United States Code, no award may be
made under section 504 of title 5, United States Code, or
under section 2412 of title 28, United States Code, and no
amounts may be obligated or expended from the Claims and
Judgment Fund of the United States Treasury to pay any fees
or other expenses under such sections, to any person or party
in an energy related action.
(e) Legal Fees.--In any energy related action in which the
plaintiff does not ultimately prevail, the court shall award
to the defendant (including any intervenor-defendants), other
than the United States, fees and other expenses incurred by
that party in connection with the energy related action,
unless the court finds that the position of the plaintiff was
substantially justified or that special circumstances make an
award unjust. Whether or not the position of the plaintiff
was substantially justified shall be determined on the basis
of the administrative record, as a whole, which is made in
the energy related action for which fees and other expenses
are sought.
(f) Definitions.--For the purposes of this section, the
following definitions apply:
(1) Agency action.--The term ``agency action'' has the same
meaning given such term in section 551 of title 5, United
States Code.
(2) Indian land.--The term ``Indian Land'' has the same
meaning given such term in section 203(c)(3) of the Energy
Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501),
including lands owned by Native Corporations under the Alaska
Native Claims Settlement Act (Public Law 92-203; 43 U.S.C.
1601).
(3) Energy related action.--The term ``energy related
action'' means a cause of action that--
(A) is filed on or after the effective date of this Act;
and
(B) seeks judicial review of a final agency action to issue
a permit, license, or other form of agency permission
allowing:
(i) any person or entity to conduct activities on Indian
Land, which activities involve the exploration, development,
production or transportation of oil, gas, coal, shale gas,
oil shale, geothermal resources, wind or solar resources,
underground coal gasification, biomass, or the generation of
electricity; or
(ii) any Indian Tribe, or any organization of two or more
entities, at least one of which is an Indian tribe, to
conduct activities involving the exploration, development,
production or transportation of oil, gas, coal, shale gas,
oil shale, geothermal resources, wind or solar resources,
underground coal gasification, biomass, or the generation of
electricity, regardless of where such activities are
undertaken.
(4) Ultimately prevail.--The phrase ``ultimately prevail''
means, in a final enforceable judgment, the court rules in
the party's favor on at least one cause of action which is an
underlying rationale for the preliminary injunction,
administrative stay, or other relief requested by the party,
and does not include circumstances where the final agency
action is modified or amended by the issuing agency unless
such modification or amendment is required pursuant to a
final enforceable judgment of the court or a court-ordered
consent decree.
SEC. 25006. TRIBAL BIOMASS DEMONSTRATION PROJECT.
The Tribal Forest Protection Act of 2004 is amended by
inserting after section 2 (25 U.S.C. 3115a) the following:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) In General.--For each of fiscal years 2014 through
2018, the Secretary shall enter into stewardship contracts or
other agreements, other than agreements that are exclusively
direct service contracts, with Indian tribes to carry out
demonstration projects to promote biomass energy production
(including biofuel, heat, and electricity generation) on
Indian forest land and in nearby communities by providing
reliable supplies of woody biomass from Federal land.
``(b) Definitions.--The definitions in section 2 shall
apply to this section.
``(c) Demonstration Projects.--In each fiscal year for
which projects are authorized, the Secretary shall enter into
contracts or other agreements described in subsection (a) to
carry out at least 4 new demonstration projects that meet the
eligibility criteria described in subsection (d).
``(d) Eligibility Criteria.--To be eligible to enter into a
contract or other agreement under this subsection, an Indian
tribe shall submit to the Secretary an application--
``(1) containing such information as the Secretary may
require; and
``(2) that includes a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; and
``(B) the demonstration project proposed to be carried out
by the Indian tribe.
``(e) Selection.--In evaluating the applications submitted
under subsection (c), the Secretary--
``(1) shall take into consideration the factors set forth
in paragraphs (1) and (2) of section 2(e) of Public Law 108-
278; and whether a proposed demonstration project would--
``(A) increase the availability or reliability of local or
regional energy;
``(B) enhance the economic development of the Indian tribe;
``(C) improve the connection of electric power transmission
facilities serving the Indian tribe with other electric
transmission facilities;
``(D) improve the forest health or watersheds of Federal
land or Indian forest land or rangeland; or
``(E) otherwise promote the use of woody biomass; and
``(2) shall exclude from consideration any merchantable
logs that have been identified by the Secretary for
commercial sale.
``(f) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian tribes and appropriate intertribal organizations
likely to be affected in developing the application and
otherwise carrying out this section.
``(g) Report.--Not later than September 20, 2015, the
Secretary shall submit to Congress a report that describes,
with respect to the reporting period--
``(1) each individual tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(h) Incorporation of Management Plans.--In carrying out a
contract or agreement under this section, on receipt of a
request from an Indian tribe, the Secretary shall incorporate
into the contract or agreement, to the extent practicable,
management plans (including forest management and integrated
resource management plans) in effect on the Indian forest
land or rangeland of the respective Indian tribe.
``(i) Term.--A stewardship contract or other agreement
entered into under this section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.''.
SEC. 25007. TRIBAL RESOURCE MANAGEMENT PLANS.
Unless otherwise explicitly exempted by Federal law enacted
after the date of the enactment of this Act, any activity
conducted or resources harvested or produced pursuant to a
tribal resource management plan or an
[[Page H7835]]
integrated resource management plan approved by the Secretary
of the Interior under the National Indian Forest Resources
Management Act (25 U.S.C. 3101 et seq.) or the American
Indian Agricultural Resource Management Act (25 U.S.C. 3701
et seq.), shall be considered a sustainable management
practice for purposes of any Federal standard, benefit, or
requirement that requires a demonstration of such
sustainability.
SEC. 25008. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.
Subsection (e)(1) of the first section of the Act of August
9, 1955 (25 U.S.C. 415(e)(1); commonly referred to as the
``Long-Term Leasing Act''), is amended--
(1) by striking ``, except a lease for'' and inserting ``,
including leases for'';
(2) in subparagraph (A), by striking ``25'' the first place
it appears and all that follows and inserting ``99 years;'';
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of mineral resources, including
geothermal resources, 25 years, except that any such lease
may include an option to renew for one additional term not to
exceed 25 years.''.
SEC. 25009. NONAPPLICABILITY OF CERTAIN RULES.
No rule promulgated by the Department of the Interior
regarding hydraulic fracturing used in the development or
production of oil or gas resources shall have any effect on
any land held in trust or restricted status for the benefit
of Indians except with the express consent of the beneficiary
on whose behalf such land is held in trust or restricted
status.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 30101. ESTABLISHMENT OF OFFICE OF ENERGY EMPLOYMENT AND
TRAINING.
(a) Establishment.--The Secretary of the Interior shall
establish an Office of Energy Employment and Training, which
shall oversee the hiring and training efforts of the
Department of the Interior's energy planning, permitting, and
regulatory agencies.
(b) Director.--
(1) In general.--The Office shall be under the direction of
a Deputy Assistant Secretary for Energy Employment and
Training, who shall report directly to the Assistant
Secretary for Energy, Lands and Minerals Management, and
shall be fully employed to carry out the functions of the
Office.
(2) Duties.--The Deputy Assistant Secretary for Energy
Employment and Training shall perform the following
functions:
(A) Develop and implement systems to track the Department's
hiring of trained skilled workers in the energy permitting
and inspection agencies.
(B) Design and recommend to the Secretary programs and
policies aimed at expanding the Department's hiring of women,
minorities, and veterans into the Department's workforce
dealing with energy permitting and inspection programs. Such
programs and policies shall include--
(i) recruiting at historically black colleges and
universities, Hispanic-serving institutions, women's
colleges, and colleges that typically serve majority minority
populations;
(ii) sponsoring and recruiting at job fairs in urban
communities;
(iii) placing employment advertisements in newspapers and
magazines oriented toward minorities, veterans, and women;
(iv) partnering with organizations that are focused on
developing opportunities for minorities, veterans, and women
to be placed in Departmental internships, summer employment,
and full-time positions relating to energy;
(v) where feasible, partnering with inner-city high
schools, girls' high schools, and high schools with majority
minority populations to demonstrate career opportunities and
the path to those opportunities available at the Department;
(vi) coordinating with the Department of Veterans Affairs
and the Department of Defense in the hiring of veterans; and
(vii) any other mass media communications that the Deputy
Assistant Secretary determines necessary to advertise,
promote, or educate about opportunities at the Department.
(C) Develop standards for--
(i) equal employment opportunity and the racial, ethnic,
and gender diversity of the workforce and senior management
of the Department; and
(ii) increased participation of minority-owned, veteran-
owned, and women-owned businesses in the programs and
contracts with the Department.
(D) Review and propose for adoption the best practices of
entities regulated by the Department with regards to hiring
and diversity policies, and publish those best practices for
public review.
(c) Reports.--The Secretary shall submit to Congress an
annual report regarding the actions taken by the Department
of the Interior agency and the Office pursuant to this
section, which shall include--
(1) a statement of the total amounts paid by the Department
to minority contractors;
(2) the successes achieved and challenges faced by the
Department in operating minority, veteran or service-disabled
veteran, and women outreach programs;
(3) the challenges the Department may face in hiring
minority, veteran, and women employees and contracting with
veteran or service-disabled veteran, minority-owned, and
women-owned businesses; and
(4) any other information, findings, conclusions, and
recommendations for legislative or Department action, as the
Director determines appropriate.
(d) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Minority.--The term ``minority'' means United States
citizens who are Asian Indian American, Asian Pacific
American, Black American, Hispanic American, or Native
American.
(2) Minority-owned business.--The term ``minority-owned
business'' means a for-profit enterprise, regardless of size,
physically located in the United States or its trust
territories, that is owned, operated, and controlled by
minority group members. ``Minority group members'' are United
States citizens who are Asian Indian American, Asian Pacific
American, Black American, Hispanic American, or Native
American (terminology in NMSDC categories). Ownership by
minority individuals means the business is at least 51
percent owned by such individuals or, in the case of a
publicly owned business, at least 51 percent of the stock is
owned by one or more such individuals. Further, the
management and daily operations are controlled by those
minority group members. For purposes of NMSDC's program, a
minority group member is an individual who is a United States
citizen with at least \1/4\ or 25 percent minimum
(documentation to support claim of 25 percent required from
applicant) of one or more of the following:
(A) Asian Indian American, which is a United States citizen
whose origins are from India, Pakistan, or Bangladesh.
(B) Asian Pacific American, which is a United States
citizen whose origins are from Japan, China, Indonesia,
Malaysia, Taiwan, Korea, Vietnam, Laos, Cambodia, the
Philippines, Thailand, Samoa, Guam, the United States Trust
Territories of the Pacific, or the Northern Marianas.
(C) Black American, which is a United States citizen having
origins in any of the Black racial groups of Africa.
(D) Hispanic American, which is a United States citizen of
true-born Hispanic heritage, from any of the Spanish-speaking
areas of the following regions: Mexico, Central America,
South America, and the Caribbean Basin only.
(E) Native American, which means a United States citizen
enrolled to a federally recognized tribe, or a Native as
defined under the Alaska Native Claims Settlement Act.
(3) NMSDC.--The term ``NMSDC'' means the National Minority
Supplier Development Council.
(4) Women-owned business.--The term ``women-owned
business'' means a business that can verify through evidence
documentation that 51 percent or more is women-owned,
managed, and controlled. The business must be open for at
least 6 months. The business owner must be a United States
citizen or legal resident alien. Evidence must indicate
that--
(A) the contribution of capital or expertise by the woman
business owner is real and substantial and in proportion to
the interest owned;
(B) the woman business owner directs or causes the
direction of management, policy, fiscal, and operational
matters; and
(C) the woman business owner has the ability to perform in
the area of specialty or expertise without reliance on either
the finances or resources of a firm that is not owned by a
woman.
(5) Service disabled veteran.--The term ``Service Disabled
Veteran'' must have a service-connected disability that has
been determined by the Department of Veterans Affairs or
Department of Defense. The SDVOSBC must be small under the
North American Industry Classification System (NAICS) code
assigned to the procurement; the SDV must unconditionally own
51 percent of the SDVOSBC; the SDVO must control the
management and daily operations of the SDVOSBC; and the SDV
must hold the highest officer position in the SDVOSBC.
(6) Veteran-owned business.--The term ``veteran-owned
business'' means a business that can verify through evidence
documentation that 51 percent or more is veteran-owned,
managed, and controlled. The business must be open for at
least 6 months. The business owner must be a United States
citizen or legal resident alien and honorably or service-
connected disability discharged from service.
SUBDIVISION B--BUREAU OF RECLAMATION CONDUIT HYDROPOWER DEVELOPMENT
EQUITY AND JOBS ACT
SEC. 1. SHORT TITLE.
This subdivision may be cited as the ``Bureau of
Reclamation Conduit Hydropower Development Equity and Jobs
Act''.
SEC. 2. AMENDMENT.
Section 9 of the Act entitled ``An Act authorizing
construction of water conservation and utilization projects
in the Great Plains and arid semiarid areas of the United
States'', approved August 11, 1939 (16 U.S.C. 590z-7;
commonly known as the ``Water Conservation and Utilization
Act''), is amended--
(1) by striking ``In connection with'' and inserting ``(a)
In connection with''; and
(2) by adding at the end the following:
``(b) Notwithstanding subsection (a), the Secretary is
authorized to enter into leases of power privileges for
electric power generation in connection with any project
constructed under this Act, and shall have authority in
addition to and alternative to any
[[Page H7836]]
authority in existing laws relating to particular projects,
including small conduit hydropower development.
``(c) When entering into leases of power privileges under
subsection (b), the Secretary shall use the processes
applicable to such leases under section 9(c) of the
Reclamation Project Act of 1939 (43 U.S.C. 485h(c)).
``(d) Lease of power privilege contracts shall be at such
rates as, in the Secretary's judgment, will produce revenues
at least sufficient to cover the appropriate share of the
annual operation and maintenance cost of the project and such
fixed charges, including interest, as the Secretary deems
proper. Lease of power privilege contracts shall be for
periods not to exceed 40 years.
``(e) No findings under section 3 shall be required for a
lease under subsection (b).
``(f) All right, title, and interest to installed power
facilities constructed by non-Federal entities pursuant to a
lease of power privilege, and direct revenues derived
therefrom, shall remain with the lessee unless otherwise
required under subsection (g).
``(g) Notwithstanding section 8, lease revenues and fixed
charges, if any, shall be covered into the Reclamation Fund
to be credited to the project from which those revenues or
charges were derived.
``(h) When carrying out this section, the Secretary shall
first offer the lease of power privilege to an irrigation
district or water users association operating the applicable
transferred conduit, or to the irrigation district or water
users association receiving water from the applicable
reserved conduit. The Secretary shall determine a reasonable
timeframe for the irrigation district or water users
association to accept or reject a lease of power privilege
offer. If the irrigation district or water users association
elects not to accept a lease of power privilege offer under
subsection (b), the Secretary shall offer the lease of power
privilege to other parties using the processes applicable to
such leases under section 9(c) of the Reclamation Project Act
of 1939 (43 U.S.C. 485h(c)).
``(i) The Bureau of Reclamation shall apply its categorical
exclusion process under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) to small conduit hydropower
development under this section, excluding siting of
associated transmission facilities on Federal lands.
``(j) Nothing in this section shall obligate the Western
Area Power Administration or the Bonneville Power
Administration to purchase or market any of the power
produced by the facilities covered under this section and
none of the costs associated with production or delivery of
such power shall be assigned to project purposes for
inclusion in project rates.
``(k) Nothing in this section shall alter or impede the
delivery and management of water by Bureau of Reclamation
facilities, as water used for conduit hydropower generation
shall be deemed incidental to use of water for the original
project purposes. Lease of power privilege shall be made only
when, in the judgment of the Secretary, the exercise of the
lease will not be incompatible with the purposes of the
project or division involved and shall not create any
unmitigated financial or physical impacts to the project or
division involved. The Secretary shall notify and consult
with the irrigation district or legally organized water users
association operating the transferred conduit in advance of
offering the lease of power privilege and shall prescribe
such terms and conditions necessary to adequately protect the
planning, design, construction, operation, maintenance, and
other interests of the United States and the project or
division involved.
``(l) Nothing in this section shall alter or affect any
agreements in effect on the date of the enactment of the
Bureau of Reclamation Conduit Hydropower Development Equity
and Jobs Act for the development of conduit hydropower
projects or disposition of revenues.
``(m) In this section:
``(1) The term `conduit' means any Bureau of Reclamation
tunnel, canal, pipeline, aqueduct, flume, ditch, or similar
manmade water conveyance that is operated for the
distribution of water for agricultural, municipal, or
industrial consumption and not primarily for the generation
of electricity.
``(2) The term `irrigation district' means any irrigation,
water conservation or conservancy, multi-county water
conservation or conservancy district, or any separate public
entity composed of two or more such districts and jointly
exercising powers of its member districts.
``(3) The term `reserved conduit' means any conduit that is
included in project works the care, operation, and
maintenance of which has been reserved by the Secretary,
through the Commissioner of the Bureau of Reclamation.
``(4) The term `transferred conduit' means any conduit that
is included in project works the care, operation, and
maintenance of which has been transferred to a legally
organized water users association or irrigation district.
``(5) The term `small conduit hydropower' means a facility
capable of producing 5 megawatts or less of electric
capacity.''.
SUBDIVISION C--CENTRAL OREGON JOBS AND WATER SECURITY ACT
SEC. 1. SHORT TITLE.
This subdivision may be cited as the ``Central Oregon Jobs
and Water Security Act''.
SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON.
Section 3(a)(72) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)(72)) is amended as follows:
(1) By striking ``15-mile'' and inserting ``14.75-mile''.
(2) In subparagraph (B)--
(A) by striking ``8-mile'' and all that follows through
``Bowman Dam'' and inserting ``7.75-mile segment from a point
one-quarter mile downstream from the toe of Bowman Dam''; and
(B) by adding at the end the following: ``The developer for
any hydropower development, including turbines and
appurtenant facilities, at Bowman Dam, in consultation with
the Bureau of Land Management, shall analyze any impacts to
the Outstandingly Remarkable Values of the Wild and Scenic
River that may be caused by such development, including the
future need to undertake routine and emergency repairs, and
shall propose mitigation for any impacts as part of any
license application submitted to the Federal Energy
Regulatory Commission.''.
SEC. 3. CITY OF PRINEVILLE WATER SUPPLY.
Section 4 of the Act of August 6, 1956 (70 Stat. 1058), (as
amended by the Acts of September 14, 1959 (73 Stat. 554), and
September 18, 1964 (78 Stat. 954)) is further amended as
follows:
(1) By striking ``ten cubic feet'' the first place it
appears and inserting ``17 cubic feet''.
(2) By striking ``during those months when there is no
other discharge therefrom, but this release may be reduced
for brief temporary periods by the Secretary whenever he may
find that release of the full ten cubic feet per second is
harmful to the primary purpose of the project''.
(3) By adding at the end the following: ``Without further
action by the Secretary, and as determined necessary for any
given year by the City of Prineville, up to seven of the 17
cubic feet per second minimum release shall also serve as
mitigation for City of Prineville groundwater pumping,
pursuant to and in a manner consistent with Oregon State law,
including any shaping of the release of the up to seven cubic
feet per second to coincide with City of Prineville
groundwater pumping as may be required by the State of
Oregon. As such, the Secretary is authorized to make
applications to the State of Oregon in conjunction with the
City to protect these supplies instream. The City shall make
payment to the Secretary for that portion of the minimum
release that actually serves as mitigation pursuant to Oregon
State law for the City in any given year, with the payment
for any given year equal to the amount of mitigation in acre
feet required to offset actual City groundwater pumping for
that year in accordance with Reclamation `Water and Related
Contract and Repayment Principles and Requirements',
Reclamation Manual Directives and Standards PEC 05-01, dated
09/12/2006, and guided by `Economic and Environmental
Principles and Guidelines for Water and Related Land
Resources Implementation Studies', dated March 10, 1983. The
Secretary is authorized to contract exclusively with the City
for additional amounts in the future at the request of the
City.''.
SEC. 4. FIRST FILL PROTECTION.
The Act of August 6, 1956 (70 Stat. 1058), as amended by
the Acts of September 14, 1959 (73 Stat. 554), and September
18, 1964 (78 Stat. 954), is further amended by adding at the
end the following:
``Sec. 6. Other than the 17 cubic feet per second release
provided for in section 4, and subject to compliance with the
Army Corps of Engineers' flood curve requirements, the
Secretary shall, on a `first fill' priority basis, store in
and release from Prineville Reservoir, whether from
carryover, infill, or a combination thereof, the following:
``(1) 68,273 acre feet of water annually to fulfill all 16
Bureau of Reclamation contracts existing as of January 1,
2011, and up to 2,740 acre feet of water annually to supply
the McKay Creek lands as provided for in section 5 of this
Act.
``(2) Not more than 10,000 acre feet of water annually, to
be made available to the North Unit Irrigation District
pursuant to a Temporary Water Service Contract, upon the
request of the North Unit Irrigation District, consistent
with the same terms and conditions as prior such contracts
between the District and the Bureau of Reclamation.
``Sec. 7. Except as otherwise provided in this Act,
nothing in this Act--
``(1) modifies contractual rights that may exist between
contractors and the United States under Reclamation
contracts;
``(2) amends or reopens contracts referred to in paragraph
(1); or
``(3) modifies any rights, obligations, or requirements
that may be provided or governed by Oregon State law.''.
SEC. 5. OCHOCO IRRIGATION DISTRICT.
(a) Early Repayment.--Notwithstanding section 213 of the
Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any
landowner within Ochoco Irrigation District in Oregon, may
repay, at any time, the construction costs of the project
facilities allocated to that landowner's lands within the
district. Upon discharge, in full, of the obligation for
repayment of the construction costs allocated to all lands
the landowner owns in the district, those lands shall not be
subject to the ownership and full-cost pricing limitations of
the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts
supplemental to and amendatory of that Act, including the
Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.).
[[Page H7837]]
(b) Certification.--Upon the request of a landowner who has
repaid, in full, the construction costs of the project
facilities allocated to that landowner's lands owned within
the district, the Secretary of the Interior shall provide the
certification provided for in subsection (b)(1) of section
213 of the Reclamation Reform Act of 1982 (43 U.S.C.
390mm(b)(1)).
(c) Contract Amendment.--On approval of the district
directors and notwithstanding project authorizing legislation
to the contrary, the district's reclamation contracts are
modified, without further action by the Secretary of the
Interior, to--
(1) authorize the use of water for instream purposes,
including fish or wildlife purposes, in order for the
district to engage in, or take advantage of, conserved water
projects and temporary instream leasing as authorized by
Oregon State law;
(2) include within the district boundary approximately
2,742 acres in the vicinity of McKay Creek, resulting in a
total of approximately 44,937 acres within the district
boundary;
(3) classify as irrigable approximately 685 acres within
the approximately 2,742 acres of included lands in the
vicinity of McKay Creek, where the approximately 685 acres
are authorized to receive irrigation water pursuant to water
rights issued by the State of Oregon and have in the past
received water pursuant to such State water rights; and
(4) provide the district with stored water from Prineville
Reservoir for purposes of supplying up to the approximately
685 acres of lands added within the district boundary and
classified as irrigable under paragraphs (2) and (3), with
such stored water to be supplied on an acre-per-acre basis
contingent on the transfer of existing appurtenant McKay
Creek water rights to instream use and the State's issuance
of water rights for the use of stored water.
(d) Limitation.--Except as otherwise provided in
subsections (a) and (c), nothing in this section shall be
construed to--
(1) modify contractual rights that may exist between the
district and the United States under the district's
Reclamation contracts;
(2) amend or reopen the contracts referred to in paragraph
(1); or
(3) modify any rights, obligations or relationships that
may exist between the district and its landowners as may be
provided or governed by Oregon State law.
SUBDIVISION D--STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION; EPA
HYDRAULIC FRACTURING RESEARCH
TITLE I--STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Protecting States' Rights
to Promote American Energy Security Act''.
SEC. 102. STATE AUTHORITY FOR HYDRAULIC FRACTURING
REGULATION.
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. STATE AUTHORITY FOR HYDRAULIC FRACTURING
REGULATION.
``(a) In General.--The Department of the Interior shall not
enforce any Federal regulation, guidance, or permit
requirement regarding hydraulic fracturing, or any component
of that process, relating to oil, gas, or geothermal
production activities on or under any land in any State that
has regulations, guidance, or permit requirements for that
activity.
``(b) State Authority.--The Department of the Interior
shall recognize and defer to State regulations, permitting,
and guidance, for all activities related to hydraulic
fracturing, or any component of that process, relating to
oil, gas, or geothermal production activities on Federal
land.
``(c) Transparency of State Regulations.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of its regulations that apply to
hydraulic fracturing operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations submitted
under this subsection.
``(d) Transparency of State Disclosure Requirements.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of any regulations of the State that
require disclosure of chemicals used in hydraulic fracturing
operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations submitted
under this subsection.
``(e) Hydraulic Fracturing Defined.--In this section the
term `hydraulic fracturing' means the process by which
fracturing fluids (or a fracturing fluid system) are pumped
into an underground geologic formation at a calculated,
predetermined rate and pressure to generate fractures or
cracks in the target formation and thereby increase the
permeability of the rock near the wellbore and improve
production of natural gas or oil.''.
SEC. 103. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
(a) Study.--The Comptroller General of the United States
shall conduct a study examining the economic benefits of
domestic shale oil and gas production resulting from the
process of hydraulic fracturing. This study will include
identification of--
(1) State and Federal revenue generated as a result of
shale gas production;
(2) jobs created both directly and indirectly as a result
of shale oil and gas production; and
(3) an estimate of potential energy prices without domestic
shale oil and gas production.
(b) Report.--The Comptroller General shall submit a report
on the findings of such study to the Committee on Natural
Resources of the House of Representatives within 30 days
after completion of the study.
SEC. 104. TRIBAL AUTHORITY ON TRUST LAND.
The Department of the Interior shall not enforce any
Federal regulation, guidance, or permit requirement regarding
the process of hydraulic fracturing (as that term is defined
in section 44 of the Mineral Leasing Act, as amended by
section 102 of this Act), or any component of that process,
relating to oil, gas, or geothermal production activities on
any land held in trust or restricted status for the benefit
of Indians except with the express consent of the beneficiary
on whose behalf such land is held in trust or restricted
status.
TITLE II--EPA HYDRAULIC FRACTURING RESEARCH
SEC. 201. SHORT TITLE.
This title may be cited as the ``EPA Hydraulic Fracturing
Study Improvement Act''.
SEC. 202. EPA HYDRAULIC FRACTURING RESEARCH.
In conducting its study of the potential impacts of
hydraulic fracturing on drinking water resources, with
respect to which a request for information was issued under
Federal Register Vol. 77, No. 218, the Administrator of the
Environmental Protection Agency shall adhere to the following
requirements:
(1) Peer review and information quality.--Prior to issuance
and dissemination of any final report or any interim report
summarizing the Environmental Protection Agency's research on
the relationship between hydraulic fracturing and drinking
water, the Administrator shall--
(A) consider such reports to be Highly Influential
Scientific Assessments and require peer review of such
reports in accordance with guidelines governing such
assessments, as described in--
(i) the Environmental Protection Agency's Peer Review
Handbook 3rd Edition;
(ii) the Environmental Protection Agency's Scientific
Integrity Policy, as in effect on the date of enactment of
this Act; and
(iii) the Office of Management and Budget's Peer Review
Bulletin, as in effect on the date of enactment of this Act;
and
(B) require such reports to meet the standards and
procedures for the dissemination of influential scientific,
financial, or statistical information set forth in the
Environmental Protection Agency's Guidelines for Ensuring and
Maximizing the Quality, Objectivity, Utility, and Integrity
of Information Disseminated by the Environmental Protection
Agency, developed in response to guidelines issued by the
Office of Management and Budget under section 515(a) of the
Treasury and General Government Appropriations Act for Fiscal
Year 2001 (Public Law 106-554).
(2) Probability, uncertainty, and consequence.--In order to
maximize the quality and utility of information developed
through the study, the Administrator shall ensure that
identification of the possible impacts of hydraulic
fracturing on drinking water resources included in such
reports be accompanied by objective estimates of the
probability, uncertainty, and consequence of each identified
impact, taking into account the risk management practices of
States and industry. Estimates or descriptions of
probability, uncertainty, and consequence shall be as
quantitative as possible given the validity, accuracy,
precision, and other quality attributes of the underlying
data and analyses, but no more quantitative than the data and
analyses can support.
(3) Release of final report.--The final report shall be
publicly released by September 30, 2016.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. REVIEW OF STATE ACTIVITIES.
The Secretary of the Interior shall annually review and
report to Congress on all State activities relating to
hydraulic fracturing.
SUBDIVISION E--PREVENTING GOVERNMENT WASTE AND PROTECTING COAL MINING
JOBS IN AMERICA
SEC. 1. SHORT TITLE.
This subdivision may be cited as the ``Preventing
Government Waste and Protecting Coal Mining Jobs in
America''.
SEC. 2. INCORPORATION OF SURFACE MINING STREAM BUFFER ZONE
RULE INTO STATE PROGRAMS.
(a) In General.--Section 503 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1253) is amended by
adding at the end the following:
``(e) Stream Buffer Zone Management.--
``(1) In general.--In addition to the requirements under
subsection (a), each State program shall incorporate the
necessary rule regarding excess spoil, coal mine waste, and
buffers for perennial and intermittent streams published by
the Office of Surface Mining Reclamation and Enforcement on
December 12, 2008 (73 Fed. Reg. 75813 et seq.) which complies
with the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) in view of the 2006 discussions between the Director of
[[Page H7838]]
the Office of Surface Mining and the Director of the United
States Fish and Wildlife Service, and the Office of Surface
Mining Reclamation and Enforcement's consideration and review
of comments submitted by the United States Fish and Wildlife
Service during the rulemaking process in 2007.
``(2) Study of implementation.--The Secretary shall--
``(A) at such time as the Secretary determines all States
referred to in subsection (a) have fully incorporated the
necessary rule referred to in paragraph (1) of this
subsection into their State programs, publish notice of such
determination;
``(B) during the 5-year period beginning on the date of
such publication, assess the effectiveness of implementation
of such rule by such States;
``(C) carry out all required consultation on the benefits
and other impacts of the implementation of the rule to any
threatened species or endangered species, with the
participation of the United States Fish and Wildlife Service
and the United States Geological Survey; and
``(D) upon the conclusion of such period, submit a
comprehensive report on the impacts of such rule to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, including--
``(i) an evaluation of the effectiveness of such rule;
``(ii) an evaluation of any ways in which the existing rule
inhibits energy production; and
``(iii) a description in detail of any proposed changes
that should be made to the rule, the justification for such
changes, all comments on such changes received by the
Secretary from such States, and the projected costs and
benefits of such changes.
``(3) Limitation on new regulations.--The Secretary may not
issue any regulations under this Act relating to stream
buffer zones or stream protection before the date of the
publication of the report under paragraph (2), other than a
rule necessary to implement paragraph (1).''.
(b) Deadline for State Implementation.--Not later than 2
years after the date of the enactment of this Act, a State
with a State program approved under section 503 of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1253) shall submit to the Secretary of the Interior
amendments to such program pursuant to part 732 of title 30,
Code of Federal Regulations, incorporating the necessary rule
referred to in subsection (e)(1) of such section, as amended
by this section.
DIVISION C--JUDICIARY
SEC. 1. SHORT TITLE.
This division may be cited as the ``Responsibly And
Professionally Invigorating Development Act of 2014'' or as
the ``RAPID Act''.
SEC. 2. COORDINATION OF AGENCY ADMINISTRATIVE OPERATIONS FOR
EFFICIENT DECISIONMAKING.
(a) In General.--Chapter 5 of part 1 of title 5, United
States Code, is amended by inserting after subchapter II the
following:
``SUBCHAPTER IIA--INTERAGENCY COORDINATION REGARDING PERMITTING
``Sec. 560. Coordination of agency administrative operations
for efficient decisionmaking
``(a) Congressional Declaration of Purpose.--The purpose of
this subchapter is to establish a framework and procedures to
streamline, increase the efficiency of, and enhance
coordination of agency administration of the regulatory
review, environmental decisionmaking, and permitting process
for projects undertaken, reviewed, or funded by Federal
agencies. This subchapter will ensure that agencies
administer the regulatory process in a manner that is
efficient so that citizens are not burdened with regulatory
excuses and time delays.
``(b) Definitions.--For purposes of this subchapter, the
term--
``(1) `agency' means any agency, department, or other unit
of Federal, State, local, or Indian tribal government;
``(2) `category of projects' means 2 or more projects
related by project type, potential environmental impacts,
geographic location, or another similar project feature or
characteristic;
``(3) `environmental assessment' means a concise public
document for which a Federal agency is responsible that
serves to--
``(A) briefly provide sufficient evidence and analysis for
determining whether to prepare an environmental impact
statement or a finding of no significant impact;
``(B) aid an agency's compliance with NEPA when no
environmental impact statement is necessary; and
``(C) facilitate preparation of an environmental impact
statement when one is necessary;
``(4) `environmental impact statement' means the detailed
statement of significant environmental impacts required to be
prepared under NEPA;
``(5) `environmental review' means the Federal agency
procedures for preparing an environmental impact statement,
environmental assessment, categorical exclusion, or other
document under NEPA;
``(6) `environmental decisionmaking process' means the
Federal agency procedures for undertaking and completion of
any environmental permit, decision, approval, review, or
study under any Federal law other than NEPA for a project
subject to an environmental review;
``(7) `environmental document' means an environmental
assessment or environmental impact statement, and includes
any supplemental document or document prepared pursuant to a
court order;
``(8) `finding of no significant impact' means a document
by a Federal agency briefly presenting the reasons why a
project, not otherwise subject to a categorical exclusion,
will not have a significant effect on the human environment
and for which an environmental impact statement therefore
will not be prepared;
``(9) `lead agency' means the Federal agency preparing or
responsible for preparing the environmental document;
``(10) `NEPA' means the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
``(11) `project' means major Federal actions that are
construction activities undertaken with Federal funds or that
are construction activities that require approval by a permit
or regulatory decision issued by a Federal agency;
``(12) `project sponsor' means the agency or other entity,
including any private or public-private entity, that seeks
approval for a project or is otherwise responsible for
undertaking a project; and
``(13) `record of decision' means a document prepared by a
lead agency under NEPA following an environmental impact
statement that states the lead agency's decision, identifies
the alternatives considered by the agency in reaching its
decision and states whether all practicable means to avoid or
minimize environmental harm from the alternative selected
have been adopted, and if not, why they were not adopted.
``(c) Preparation of Environmental Documents.--Upon the
request of the lead agency, the project sponsor shall be
authorized to prepare any document for purposes of an
environmental review required in support of any project or
approval by the lead agency if the lead agency furnishes
oversight in such preparation and independently evaluates
such document and the document is approved and adopted by the
lead agency prior to taking any action or making any approval
based on such document.
``(d) Adoption and Use of Documents.--
``(1) Documents prepared under nepa.--
``(A) Not more than 1 environmental impact statement and 1
environmental assessment shall be prepared under NEPA for a
project (except for supplemental environmental documents
prepared under NEPA or environmental documents prepared
pursuant to a court order), and, except as otherwise provided
by law, the lead agency shall prepare the environmental
impact statement or environmental assessment. After the lead
agency issues a record of decision, no Federal agency
responsible for making any approval for that project may rely
on a document other than the environmental document prepared
by the lead agency.
``(B) Upon the request of a project sponsor, a lead agency
may adopt, use, or rely upon secondary and cumulative impact
analyses included in any environmental document prepared
under NEPA for projects in the same geographic area where the
secondary and cumulative impact analyses provide information
and data that pertains to the NEPA decision for the project
under review.
``(2) State environmental documents; supplemental
documents.--
``(A) Upon the request of a project sponsor, a lead agency
may adopt a document that has been prepared for a project
under State laws and procedures as the environmental impact
statement or environmental assessment for the project,
provided that the State laws and procedures under which the
document was prepared provide environmental protection and
opportunities for public involvement that are substantially
equivalent to NEPA.
``(B) An environmental document adopted under subparagraph
(A) is deemed to satisfy the lead agency's obligation under
NEPA to prepare an environmental impact statement or
environmental assessment.
``(C) In the case of a document described in subparagraph
(A), during the period after preparation of the document but
before its adoption by the lead agency, the lead agency shall
prepare and publish a supplement to that document if the lead
agency determines that--
``(i) a significant change has been made to the project
that is relevant for purposes of environmental review of the
project; or
``(ii) there have been significant changes in circumstances
or availability of information relevant to the environmental
review for the project.
``(D) If the agency prepares and publishes a supplemental
document under subparagraph (C), the lead agency may solicit
comments from agencies and the public on the supplemental
document for a period of not more than 45 days beginning on
the date of the publication of the supplement.
``(E) A lead agency shall issue its record of decision or
finding of no significant impact, as appropriate, based upon
the document adopted under subparagraph (A), and any
supplements thereto.
``(3) Contemporaneous projects.--If the lead agency
determines that there is a reasonable likelihood that the
project will have similar environmental impacts as a similar
project in geographical proximity to the project, and that
similar project was subject to environmental review or
similar State procedures within the 5-year period immediately
preceding the date that the lead agency makes that
determination, the lead
[[Page H7839]]
agency may adopt the environmental document that resulted
from that environmental review or similar State procedure.
The lead agency may adopt such an environmental document, if
it is prepared under State laws and procedures only upon
making a favorable determination on such environmental
document pursuant to paragraph (2)(A).
``(e) Participating Agencies.--
``(1) In general.--The lead agency shall be responsible for
inviting and designating participating agencies in accordance
with this subsection. The lead agency shall provide the
invitation or notice of the designation in writing.
``(2) Federal participating agencies.--Any Federal agency
that is required to adopt the environmental document of the
lead agency for a project shall be designated as a
participating agency and shall collaborate on the preparation
of the environmental document, unless the Federal agency
informs the lead agency, in writing, by a time specified by
the lead agency in the designation of the Federal agency that
the Federal agency--
``(A) has no jurisdiction or authority with respect to the
project;
``(B) has no expertise or information relevant to the
project; and
``(C) does not intend to submit comments on the project.
``(3) Invitation.--The lead agency shall identify, as early
as practicable in the environmental review for a project, any
agencies other than an agency described in paragraph (2) that
may have an interest in the project, including, where
appropriate, Governors of affected States, and heads of
appropriate tribal and local (including county) governments,
and shall invite such identified agencies and officials to
become participating agencies in the environmental review for
the project. The invitation shall set a deadline of 30 days
for responses to be submitted, which may only be extended by
the lead agency for good cause shown. Any agency that fails
to respond prior to the deadline shall be deemed to have
declined the invitation.
``(4) Effect of declining participating agency
invitation.--Any agency that declines a designation or
invitation by the lead agency to be a participating agency
shall be precluded from submitting comments on any document
prepared under NEPA for that project or taking any measures
to oppose, based on the environmental review, any permit,
license, or approval related to that project.
``(5) Effect of designation.--Designation as a
participating agency under this subsection does not imply
that the participating agency--
``(A) supports a proposed project; or
``(B) has any jurisdiction over, or special expertise with
respect to evaluation of, the project.
``(6) Cooperating agency.--A participating agency may also
be designated by a lead agency as a `cooperating agency'
under the regulations contained in part 1500 of title 40,
Code of Federal Regulations, as in effect on January 1, 2011.
Designation as a cooperating agency shall have no effect on
designation as participating agency. No agency that is not a
participating agency may be designated as a cooperating
agency.
``(7) Concurrent reviews.--Each Federal agency shall--
``(A) carry out obligations of the Federal agency under
other applicable law concurrently and in conjunction with the
review required under NEPA; and
``(B) in accordance with the rules made by the Council on
Environmental Quality pursuant to subsection (n)(1), make and
carry out such rules, policies, and procedures as may be
reasonably necessary to enable the agency to ensure
completion of the environmental review and environmental
decisionmaking process in a timely, coordinated, and
environmentally responsible manner.
``(8) Comments.--Each participating agency shall limit its
comments on a project to areas that are within the authority
and expertise of such participating agency. Each
participating agency shall identify in such comments the
statutory authority of the participating agency pertaining to
the subject matter of its comments. The lead agency shall not
act upon, respond to or include in any document prepared
under NEPA, any comment submitted by a participating agency
that concerns matters that are outside of the authority and
expertise of the commenting participating agency.
``(f) Project Initiation Request.--
``(1) Notice.--A project sponsor shall provide the Federal
agency responsible for undertaking a project with notice of
the initiation of the project by providing a description of
the proposed project, the general location of the proposed
project, and a statement of any Federal approvals anticipated
to be necessary for the proposed project, for the purpose of
informing the Federal agency that the environmental review
should be initiated.
``(2) Lead agency initiation.--The agency receiving a
project initiation notice under paragraph (1) shall promptly
identify the lead agency for the project, and the lead agency
shall initiate the environmental review within a period of 45
days after receiving the notice required by paragraph (1) by
inviting or designating agencies to become participating
agencies, or, where the lead agency determines that no
participating agencies are required for the project, by
taking such other actions that are reasonable and necessary
to initiate the environmental review.
``(g) Alternatives Analysis.--
``(1) Participation.--As early as practicable during the
environmental review, but no later than during scoping for a
project requiring the preparation of an environmental impact
statement, the lead agency shall provide an opportunity for
involvement by cooperating agencies in determining the range
of alternatives to be considered for a project.
``(2) Range of alternatives.--Following participation under
paragraph (1), the lead agency shall determine the range of
alternatives for consideration in any document which the lead
agency is responsible for preparing for the project, subject
to the following limitations:
``(A) No evaluation of certain alternatives.--No Federal
agency shall evaluate any alternative that was identified but
not carried forward for detailed evaluation in an
environmental document or evaluated and not selected in any
environmental document prepared under NEPA for the same
project.
``(B) Only feasible alternatives evaluated.--Where a
project is being constructed, managed, funded, or undertaken
by a project sponsor that is not a Federal agency, Federal
agencies shall only be required to evaluate alternatives that
the project sponsor could feasibly undertake, consistent with
the purpose of and the need for the project, including
alternatives that can be undertaken by the project sponsor
and that are technically and economically feasible.
``(3) Methodologies.--
``(A) In general.--The lead agency shall determine, in
collaboration with cooperating agencies at appropriate times
during the environmental review, the methodologies to be used
and the level of detail required in the analysis of each
alternative for a project. The lead agency shall include in
the environmental document a description of the methodologies
used and how the methodologies were selected.
``(B) No evaluation of inappropriate alternatives.--When a
lead agency determines that an alternative does not meet the
purpose and need for a project, that alternative is not
required to be evaluated in detail in an environmental
document.
``(4) Preferred alternative.--At the discretion of the lead
agency, the preferred alternative for a project, after being
identified, may be developed to a higher level of detail than
other alternatives in order to facilitate the development of
mitigation measures or concurrent compliance with other
applicable laws if the lead agency determines that the
development of such higher level of detail will not prevent
the lead agency from making an impartial decision as to
whether to accept another alternative which is being
considered in the environmental review.
``(5) Employment analysis.--The evaluation of each
alternative in an environmental impact statement or an
environmental assessment shall identify the potential effects
of the alternative on employment, including potential short-
term and long-term employment increases and reductions and
shifts in employment.
``(h) Coordination and Scheduling.--
``(1) Coordination plan.--
``(A) In general.--The lead agency shall establish and
implement a plan for coordinating public and agency
participation in and comment on the environmental review for
a project or category of projects to facilitate the
expeditious resolution of the environmental review.
``(B) Schedule.--
``(i) In general.--The lead agency shall establish as part
of the coordination plan for a project, after consultation
with each participating agency and, where applicable, the
project sponsor, a schedule for completion of the
environmental review. The schedule shall include deadlines,
consistent with subsection (i), for decisions under any other
Federal laws (including the issuance or denial of a permit or
license) relating to the project that is covered by the
schedule.
``(ii) Factors for consideration.--In establishing the
schedule, the lead agency shall consider factors such as--
``(I) the responsibilities of participating agencies under
applicable laws;
``(II) resources available to the participating agencies;
``(III) overall size and complexity of the project;
``(IV) overall schedule for and cost of the project;
``(V) the sensitivity of the natural and historic resources
that could be affected by the project; and
``(VI) the extent to which similar projects in geographic
proximity were recently subject to environmental review or
similar State procedures.
``(iii) Compliance with the schedule.--
``(I) All participating agencies shall comply with the time
periods established in the schedule or with any modified time
periods, where the lead agency modifies the schedule pursuant
to subparagraph (D).
``(II) The lead agency shall disregard and shall not
respond to or include in any document prepared under NEPA,
any comment or information submitted or any finding made by a
participating agency that is outside of the time period
established in the schedule or modification pursuant to
subparagraph (D) for that agency's comment, submission or
finding.
``(III) If a participating agency fails to object in
writing to a lead agency decision, finding or request for
concurrence within the time period established under law or
by the lead agency, the agency shall be deemed to
[[Page H7840]]
have concurred in the decision, finding or request.
``(C) Consistency with other time periods.--A schedule
under subparagraph (B) shall be consistent with any other
relevant time periods established under Federal law.
``(D) Modification.--The lead agency may--
``(i) lengthen a schedule established under subparagraph
(B) for good cause; and
``(ii) shorten a schedule only with the concurrence of the
cooperating agencies.
``(E) Dissemination.--A copy of a schedule under
subparagraph (B), and of any modifications to the schedule,
shall be--
``(i) provided within 15 days of completion or modification
of such schedule to all participating agencies and to the
project sponsor; and
``(ii) made available to the public.
``(F) Roles and responsibility of lead agency.--With
respect to the environmental review for any project, the lead
agency shall have authority and responsibility to take such
actions as are necessary and proper, within the authority of
the lead agency, to facilitate the expeditious resolution of
the environmental review for the project.
``(i) Deadlines.--The following deadlines shall apply to
any project subject to review under NEPA and any decision
under any Federal law relating to such project (including the
issuance or denial of a permit or license or any required
finding):
``(1) Environmental review deadlines.--The lead agency
shall complete the environmental review within the following
deadlines:
``(A) Environmental impact statement projects.--For
projects requiring preparation of an environmental impact
statement--
``(i) the lead agency shall issue an environmental impact
statement within 2 years after the earlier of the date the
lead agency receives the project initiation request or a
Notice of Intent to Prepare an Environmental Impact Statement
is published in the Federal Register; and
``(ii) in circumstances where the lead agency has prepared
an environmental assessment and determined that an
environmental impact statement will be required, the lead
agency shall issue the environmental impact statement within
2 years after the date of publication of the Notice of Intent
to Prepare an Environmental Impact Statement in the Federal
Register.
``(B) Environmental assessment projects.--For projects
requiring preparation of an environmental assessment, the
lead agency shall issue a finding of no significant impact or
publish a Notice of Intent to Prepare an Environmental Impact
Statement in the Federal Register within 1 year after the
earlier of the date the lead agency receives the project
initiation request, makes a decision to prepare an
environmental assessment, or sends out participating agency
invitations.
``(2) Extensions.--
``(A) Requirements.--The environmental review deadlines may
be extended only if--
``(i) a different deadline is established by agreement of
the lead agency, the project sponsor, and all participating
agencies; or
``(ii) the deadline is extended by the lead agency for good
cause.
``(B) Limitation.--The environmental review shall not be
extended by more than 1 year for a project requiring
preparation of an environmental impact statement or by more
than 180 days for a project requiring preparation of an
environmental assessment.
``(3) Environmental review comments.--
``(A) Comments on draft environmental impact statement.--
For comments by agencies and the public on a draft
environmental impact statement, the lead agency shall
establish a comment period of not more than 60 days after
publication in the Federal Register of notice of the date of
public availability of such document, unless--
``(i) a different deadline is established by agreement of
the lead agency, the project sponsor, and all participating
agencies; or
``(ii) the deadline is extended by the lead agency for good
cause.
``(B) Other comments.--For all other comment periods for
agency or public comments in the environmental review
process, the lead agency shall establish a comment period of
no more than 30 days from availability of the materials on
which comment is requested, unless--
``(i) a different deadline is established by agreement of
the lead agency, the project sponsor, and all participating
agencies; or
``(ii) the deadline is extended by the lead agency for good
cause.
``(4) Deadlines for decisions under other laws.--
Notwithstanding any other provision of law, in any case in
which a decision under any other Federal law relating to the
undertaking of a project being reviewed under NEPA (including
the issuance or denial of a permit or license) is required to
be made, the following deadlines shall apply:
``(A) Decisions prior to record of decision or finding of
no significant impact.--If a Federal agency is required to
approve, or otherwise to act upon, a permit, license, or
other similar application for approval related to a project
prior to the record of decision or finding of no significant
impact, such Federal agency shall approve or otherwise act
not later than the end of a 90-day period beginning--
``(i) after all other relevant agency review related to the
project is complete; and
``(ii) after the lead agency publishes a notice of the
availability of the final environmental impact statement or
issuance of other final environmental documents, or no later
than such other date that is otherwise required by law,
whichever event occurs first.
``(B) Other decisions.--With regard to any approval or
other action related to a project by a Federal agency that is
not subject to subparagraph (A), each Federal agency shall
approve or otherwise act not later than the end of a period
of 180 days beginning--
``(i) after all other relevant agency review related to the
project is complete; and
``(ii) after the lead agency issues the record of decision
or finding of no significant impact, unless a different
deadline is established by agreement of the Federal agency,
lead agency, and the project sponsor, where applicable, or
the deadline is extended by the Federal agency for good
cause, provided that such extension shall not extend beyond a
period that is 1 year after the lead agency issues the record
of decision or finding of no significant impact.
``(C) Failure to act.--In the event that any Federal agency
fails to approve, or otherwise to act upon, a permit,
license, or other similar application for approval related to
a project within the applicable deadline described in
subparagraph (A) or (B), the permit, license, or other
similar application shall be deemed approved by such agency
and the agency shall take action in accordance with such
approval within 30 days of the applicable deadline described
in subparagraph (A) or (B).
``(D) Final agency action.--Any approval under subparagraph
(C) is deemed to be final agency action, and may not be
reversed by any agency. In any action under chapter 7 seeking
review of such a final agency action, the court may not set
aside such agency action by reason of that agency action
having occurred under this paragraph.
``(j) Issue Identification and Resolution.--
``(1) Cooperation.--The lead agency and the participating
agencies shall work cooperatively in accordance with this
section to identify and resolve issues that could delay
completion of the environmental review or could result in
denial of any approvals required for the project under
applicable laws.
``(2) Lead agency responsibilities.--The lead agency shall
make information available to the participating agencies as
early as practicable in the environmental review regarding
the environmental, historic, and socioeconomic resources
located within the project area and the general locations of
the alternatives under consideration. Such information may be
based on existing data sources, including geographic
information systems mapping.
``(3) Participating agency responsibilities.--Based on
information received from the lead agency, participating
agencies shall identify, as early as practicable, any issues
of concern regarding the project's potential environmental,
historic, or socioeconomic impacts. In this paragraph, issues
of concern include any issues that could substantially delay
or prevent an agency from granting a permit or other approval
that is needed for the project.
``(4) Issue resolution.--
``(A) Meeting of participating agencies.--At any time upon
request of a project sponsor, the lead agency shall promptly
convene a meeting with the relevant participating agencies
and the project sponsor, to resolve issues that could delay
completion of the environmental review or could result in
denial of any approvals required for the project under
applicable laws.
``(B) Notice that resolution cannot be achieved.--If a
resolution cannot be achieved within 30 days following such a
meeting and a determination by the lead agency that all
information necessary to resolve the issue has been obtained,
the lead agency shall notify the heads of all participating
agencies, the project sponsor, and the Council on
Environmental Quality for further proceedings in accordance
with section 204 of NEPA, and shall publish such notification
in the Federal Register.
``(k) Limitation on Use of Social Cost of Carbon.--
``(1) In general.--In the case of any environmental review
or environmental decisionmaking process, a lead agency may
not use the social cost of carbon.
``(2) Definition.--In this subsection, the term `social
cost of carbon' means the social cost of carbon as described
in the technical support document entitled `Technical Support
Document: Technical Update of the Social Cost of Carbon for
Regulatory Impact Analysis Under Executive Order No. 12866',
published by the Interagency Working Group on Social Cost of
Carbon, United States Government, in May 2013, revised in
November 2013, or any successor thereto or substantially
related document, or any other estimate of the monetized
damages associated with an incremental increase in carbon
dioxide emissions in a given year.
``(l) Report to Congress.--The head of each Federal agency
shall report annually to Congress--
``(1) the projects for which the agency initiated
preparation of an environmental impact statement or
environmental assessment;
``(2) the projects for which the agency issued a record of
decision or finding of no significant impact and the length
of time it took the agency to complete the environmental
review for each such project;
``(3) the filing of any lawsuits against the agency seeking
judicial review of a permit,
[[Page H7841]]
license, or approval issued by the agency for an action
subject to NEPA, including the date the complaint was filed,
the court in which the complaint was filed, and a summary of
the claims for which judicial review was sought; and
``(4) the resolution of any lawsuits against the agency
that sought judicial review of a permit, license, or approval
issued by the agency for an action subject to NEPA.
``(m) Limitations on Claims.--
``(1) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial
review of a permit, license, or approval issued by a Federal
agency for an action subject to NEPA shall be barred unless--
``(A) in the case of a claim pertaining to a project for
which an environmental review was conducted and an
opportunity for comment was provided, the claim is filed by a
party that submitted a comment during the environmental
review on the issue on which the party seeks judicial review,
and such comment was sufficiently detailed to put the lead
agency on notice of the issue upon which the party seeks
judicial review; and
``(B) filed within 180 days after publication of a notice
in the Federal Register announcing that the permit, license,
or approval is final pursuant to the law under which the
agency action is taken, unless a shorter time is specified in
the Federal law pursuant to which judicial review is allowed.
``(2) New information.--The preparation of a supplemental
environmental impact statement, when required, is deemed a
separate final agency action and the deadline for filing a
claim for judicial review of such action shall be 180 days
after the date of publication of a notice in the Federal
Register announcing the record of decision for such action.
Any claim challenging agency action on the basis of
information in a supplemental environmental impact statement
shall be limited to challenges on the basis of that
information.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to create a right to judicial review or
place any limit on filing a claim that a person has violated
the terms of a permit, license, or approval.
``(n) Categories of Projects.--The authorities granted
under this subchapter may be exercised for an individual
project or a category of projects.
``(o) Effective Date.--The requirements of this subchapter
shall apply only to environmental reviews and environmental
decisionmaking processes initiated after the date of
enactment of this subchapter. In the case of a project for
which an environmental review or environmental decisionmaking
process was initiated prior to the date of enactment of this
subchapter, the provisions of subsection (i) shall apply,
except that, notwithstanding any other provision of this
section, in determining a deadline under such subsection, any
applicable period of time shall be calculated as beginning
from the date of enactment of this subchapter.
``(p) Applicability.--Except as provided in subsection (p),
this subchapter applies, according to the provisions thereof,
to all projects for which a Federal agency is required to
undertake an environmental review or make a decision under an
environmental law for a project for which a Federal agency is
undertaking an environmental review.
``(q) Savings Clause.--Nothing in this section shall be
construed to supersede, amend, or modify sections 134, 135,
139, 325, 326, and 327 of title 23, sections 5303 and 5304 of
title 49, or subtitle C of title I of division A of the
Moving Ahead for Progress in the 21st Century Act and the
amendments made by such subtitle (Public Law 112-141).''.
(b) Technical Amendment.--The table of sections for chapter
5 of title 5, United States Code, is amended by inserting
after the items relating to subchapter II the following:
``subchapter iia--interagency coordination regarding permitting
``560. Coordination of agency administrative operations for efficient
decisionmaking.''.
(c) Regulations.--
(1) Council on environmental quality.--Not later than 180
days after the date of enactment of this division, the
Council on Environmental Quality shall amend the regulations
contained in part 1500 of title 40, Code of Federal
Regulations, to implement the provisions of this division and
the amendments made by this division, and shall by rule
designate States with laws and procedures that satisfy the
criteria under section 560(d)(2)(A) of title 5, United States
Code.
(2) Federal agencies.--Not later than 120 days after the
date that the Council on Environmental Quality amends the
regulations contained in part 1500 of title 40, Code of
Federal Regulations, to implement the provisions of this
division and the amendments made by this division, each
Federal agency with regulations implementing the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
shall amend such regulations to implement the provisions of
this division.
The SPEAKER pro tempore. The gentleman from Washington (Mr. Hastings)
and the gentleman from Oregon (Mr. DeFazio) each will control 60
minutes.
The Chair recognizes the gentleman from Washington.
{time} 1530
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 H.R. 2.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself as much time
as I may consume.
Mr. Speaker, I stand here on the House floor, only a few hundred
yards away from the Senate, and it feels as if we are worlds apart. In
the House, we are listening to the American people who are telling us
that it is time to expand American energy production.
Hardworking Americans know how important energy is in their lives.
They need it to commute to and from work. It fuels the buses that take
our kids to school. It powers the businesses on Main Street.
It provides jobs and improves the livelihoods of millions of
Americans who are struggling to make ends meet in President Obama's
economy; and, Mr. Speaker, Sunday, it will power the Jumbotron at
CenturyLink Field in Seattle as the Seahawks take on the Broncos.
Unfortunately, on the other side of the Capitol, these calls to
expand American energy production are falling on deaf ears. The House
has passed dozens of energy bills, including a number from the House
Natural Resources Committee, on which the Senate has failed to act. By
doing so, they are standing in the way of American job creation,
affordable energy, and increased national security.
H.R. 2, the American Energy Solutions for Lower Costs and More
American Jobs Act, would protect and expand American energy production
by removing this administration's roadblocks and preventing unnecessary
bureaucratic red tape.
Mr. Speaker, since President Obama took office, total Federal
offshore oil production has dropped 13 percent, Federal offshore
natural gas production has dropped by nearly one-half, and the Obama
administration has placed over 85 percent of America's offshore acreage
off limits.
Onshore, Mr. Speaker, it is the same story. This administration has
had the 4 lowest years of Federal acres leased for onshore energy
production going back to 1988. It has also pledged to impose a
duplicative layer of red tape on hydraulic fracturing, which would only
hurt American job creation.
The Obama administration has also waged a war on coal and on coal
jobs. Coal is a reliable and affordable energy resource that provides
30 percent of America's electricity and supports millions of American
jobs.
Unfortunately, with one proposed regulation by the Obama
administration, those jobs could disappear. Their rewrite of the stream
buffer zone rule could cost 7,000 coal jobs and cause economic harm in
22 States.
But there is good news, and the good news are the provisions in these
bills. These provisions are a direct response to the Obama
administration's actions that have locked up our energy resources. The
bill would end the regulatory delays blocking the construction of the
Keystone XL pipeline.
After nearly 6 years of review, this is a commonsense solution that
would eliminate the need for a Presidential permit, addresses all other
necessary Federal permits, and limit litigation that would delay the
project.
The bill would also expand offshore energy production. It would
require this administration to responsibly move forward with new
offshore energy production in areas that contain the most oil and
natural gas resources. What a novel idea, going where the product is,
and those areas include areas off the Atlantic and the Pacific coasts.
It also requires the administration to hold oil and natural gas lease
sales that have been delayed or canceled, such as offshore of Virginia.
This expanded offshore production would generate over $1 billion in new
revenue to the Federal Treasury and create up to 1.2 millions of jobs
long-term.
Mr. Speaker, the bill would expand onshore energy production. It
would reform the leasing and permitting process to remove unnecessary
delays, set
[[Page H7842]]
clear rules for the development of U.S. oil shale resources, and
establish Internet-based auctions for leases. It would also help foster
expanded energy production on tribal lands.
The bill would stop the Federal Government from imposing duplicative
Federal hydraulic regulations and prevent it from implementing job-
destroying coal regulations. It would help protect consumers from EPA
regulations that could destroy jobs and increase energy costs.
Finally, Mr. Speaker, the bill would expand production of clean,
renewable hydropower by removing outdated barriers and streamlining the
regulatory process. It would authorize hydropower development at
existing manmade water canals and pipes at 12 Bureau of Reclamation
projects.
Mr. Speaker, the American Energy Solutions for Lower Costs and More
American Jobs Act is a commonsense action plan to create over 1 million
new American jobs and provide relief to hardworking Americans who are
feeling the squeeze of higher gasoline and electricity prices. It would
strengthen our economy and--probably more importantly in this unsettled
world--increase America's energy security.
Mr. Speaker, I urge my colleagues to support this important
bipartisan piece of legislation, and I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Well, Mr. Speaker, I would start out by saying this feels like
Groundhog Day, but I have already done that when we brought up these
same bills multiple times in the past. I could start, as I did the last
time we considered this package of bills, by reading a statement from
the last time we debated these bills and then pretend to get angry at
my staff because they gave me a statement that is 8 months old, but I
made that point the last time we debated this energy package on the
floor.
Mr. Speaker, the House has passed nearly all the provisions in this
bill at least two times. Now, I think most Americans still remember
high school civics. The House passes a bill; they send it to the
Senate.
The Senate either takes it up or not; and, if they do, then we work
out our differences in conference committee and send it to the
President for signature. We just keep sending the same bills over to
the Senate under the premise that, somehow, they will do something
because it has been sent multiples times from the House. It hasn't
worked in the past, and it won't work in the future.
This package really also ignores reality. We are producing more
natural gas than we ever have and more oil than in over 25 years. We
are projected to be the number one oil producer in the world in the
next few years.
Meanwhile, thanks to a worldwide glut of oil, gas prices are going
down. They are the lowest they have been this time of year since 2010,
except perhaps in my State, where we are getting price-gouged because
we don't have a refinery.
If Republicans really cared about keeping gas prices down for
American consumers, maybe they would take a serious look at the fact
that we are exporting 1.6 million barrels of gasoline and diesel every
day. There is no shortage.
We are exporting 1.6 million barrels a day; yet truckers are paying
extraordinarily high diesel prices because we are exporting more and
more diesel and saying, ``Well, you have got to pay the same price they
are going to pay in Europe.''
Mr. Speaker, inside the Beltway here, we don't really deal with facts
and statistics very much; so, today, we will take up and pass the same
tired legislation for the second, third, or fourth time so any
Republican Members who happen to be in a tough race can claim that they
have been productive on this issue.
This is just an opportunity to check the energy box again and again
so you can try to get voters to check the box for the so-called energy
experts on the ballot, but we are not legislating; instead, we are
wasting time and taxpayer money to put on a rerun show. If you are
going to do a rerun show, at the risk of sounding like a broken record,
then I am going to do the same.
Every time we have come to the floor to debate another legislative
fish wrap this summer, I have brought up the same issue, Western
wildfires.
Now, this poster shows Weed, California--or what is left of it. A
wildfire destroyed half the town and over 150 homes. In my home State,
a major fire is burning 10 miles away from the town of Estacada,
threatening over 150 homes, forcing evacuations, and forcing the
Governor to use the State's conflagration act to mobilize emergency
resources.
In the West, there are over 50 active fires burning, one in the
Willamette Forest outside of Eugene and Springfield. It is costing $1
million a day with attempts to keep it from running toward a town. Two
days ago, the Forest Service said they have $179 million left for
suppression.
Last week alone, they spent $150 million on suppression efforts. That
means, next week, while we are out of session, they will run out of
money, and they will do what they always do: they will start pulling
back money from the fuel reduction, forest health, and other programs
to fight the fires.
You can't stop fighting the fires. These fires are enormous,
unnatural, and unprecedented in many ways. On top of that, we have a
drought which might or might not have to do with climate change, which
the other side of the aisle doesn't believe in, but, nonetheless, they
are a fact.
Now, it doesn't have to be this way. We could do something real. We
have the rarest thing in Washington, D.C.--a bipartisan--that means
Democrats and Republicans are on a bill, 52 House Members, including
myself, 52 Republicans on a bill--bicameral--similar bill, same bill in
the Senate--supported by Democrats and Republicans, and, lo and behold,
it is a bill supported by President Obama.
Maybe that is why they won't even hold a hearing on it or move it--
because the President supports it--despite the fact that it would deal
with a very real problem.
We aren't investing enough money in a regular fashion to get ahead of
the fire problem in the West and to do the fuel reduction and the
forest health we need. The agencies don't have enough in their budgets,
and, every year, in fact, they overspend their firefighting budgets,
and they have to cancel projects and other needed activities.
There has been no hearing on the bill. We can't find time to hold a
hearing on a bill that has to do with wildfires that are burning up the
West. We can't find the time; instead, we are going to pass these bills
for the second, third, fourth, fifth, or sixth time. We can't find the
time. We are too busy here pretending.
We have 196 Democrats who have signed a petition to overrule the
Republican leadership and bring that bill to the floor of the United
States House of Representatives. Fifty-two Republicans are cosponsors
of that bill.
Many of them have active fires burning in their districts; and will
they defy their leadership and do something that is needed for
Americans in the Western United States, needed for our natural
resources, and needed to prevent these towns from burning down? No.
They can't do that. They will not sign the petition.
So here we are. Western communities are burning. You can pretty much
step outside the door and smell the smoke from here. We have a
potential solution to get ahead of this problem in the future and deal
better with it, but, instead, we are wasting time here today passing,
yet again, bills that have already been passed and have already been
sent to the Senate, but we will send them over to the Senate again, and
they can put them on the same stack of paper.
If you look at these pictures, we are wasting the second-to-last
day--well, now, it is the last day, actually--on repeat because we have
to get home for elections.
I mean, we don't need to pass the budget for the year, the
appropriations bills. We don't need to take more meaningful
consideration of what we are getting into in the Middle East and spend
more time on it, and we can't certainly find any time to deal with the
wildfire issue. Let's just pretend.
Yet, again, you get to check a pointless box, and I don't think the
American people are going to be fooled.
Mr. Speaker, I reserve the balance of my time.
[[Page H7843]]
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 4
minutes to the gentleman from Oregon (Mr. Walden), my colleague from
Oregon, across the Columbia River from my district.
Mr. WALDEN. I thank the chairman of the Natural Resources Committee
who has been most helpful in our endeavors in the West on the issues of
private property, water rights, improving the health of our forest, and
diminishing wildfires through active forest management.
I want to thank him again for his legislation and one that a number
of us have shared in helping draft, H.R. 1526, which has been part of
our jobs package that we are again sending over to the Senate because
they have done nothing in the area of improving forest health and
management and stopping these horrible wildfires that we are all trying
to deal with--because they are much more than just a budgeting issue,
although that is important, it really is about how do you get ahead of
these fires, have active management, generate revenues, and generate
jobs.
Mr. Speaker, another bill that we are taking up again in the House is
one that actually has passed twice in this House unanimously--
unanimously--in the last couple of years.
This will be the third time in less than 3 years we have acted. Why
are we doing that? Because, at some point, we hope to wake up the
Senate to where they actually will take up this issue and pass it
because it means jobs for Crook County, which has a very high
unemployment rate and a very high poverty rate.
It means better water quality for fish because we changed a
designation on a dam that will allow the water to come out in a better
way by adding renewable, carbon friendly hydropower to be generated off
this dam. It would create 50 jobs over 2 years when they do the hydro
piece. The water will come out better, and it will be better for the
fish.
The city of Prineville--you talk about drought--the city of
Prineville has several hundred residents who cannot access city water
because they don't have enough of it.
This legislation will free up 5,100 acre feet of water that will take
care of the city of Prineville for some time to come and allow them to
actually take care of their citizens with city water. They will pump it
out downstream, and water will stay instream for--I think it is
something like 20 miles upriver from Bowman Dam.
There is 80,000 acre feet of water sitting unallocated in this
reservoir. We take 5,100 acre feet of it. The city is going to pay the
appropriate price so there is no cost to the Treasury. It will serve
500 homes, and we have got a bunch of data centers that have come up in
Prineville.
They need to make sure they have access to water for cooling. Apple
and Facebook and a couple of others need access to this, and all we do
is fix an errant boundary decision made many years ago that laid down
the boundary of wild and scenic right across the top of the dam.
Now, there is nothing wild or scenic about a dam unless you are
falling off the face of it. It was temporary, and that has been decades
ago. This moves it a quarter mile downstream.
{time} 1545
Beyond that, there are benefits for Ochoco Irrigation District
farmers to ensure they will continue to operate their family farms for
generations to come. We make sure there is enough water behind the dam
for flat water recreation and fishing, which is an important part of
the economy there. And we worked with the tribes and others to expedite
the McKay Creek restoration project, which will result in increased
water flows for redband trout and summer steelhead, a project long
supported by the Warm Springs Tribe and the Deschutes River
Conservancy.
Just like other bills in this package, this is a good, commonsense
piece of legislation. It has achieved overwhelming--in fact, in the
House, unanimous--support.
We look forward to working with the Senate, but it is hard to dance
with yourself. It is just no fun. So we need a dance partner over in
the Senate that will come to the table so we can take this years of
work, pull it together in a package that can finally get to the
President's desk.
I don't know what else you do. You try again. You never quit trying.
And that is what this package of bills is all about. One more time
before we leave town, trying to create jobs in America, do the right
thing for the environment, and take care of problems at home, that is
what this is about.
We hope the Senate will finally take a look at these bills in a
meaningful and thoughtful way and be able to come to the table with
terms and work these things out.
So I commend the chairman of the House Natural Resources Committee
for all his work over the years, but especially for the work he and I
have done together to improve forest health, improve forest jobs,
improve water quality, take care of these issues that are so important
to the rural West.
Mr. DeFAZIO. I yield 3 minutes to the gentleman from New York (Mr.
Jeffries).
Mr. JEFFRIES. I thank the distinguished gentleman from Oregon for
yielding as well as for his leadership.
Mr. Speaker, once again, as we stand on the brink of a 7-week recess,
we are here in this Chamber considering a package of warmed-over bills
that will be dead on arrival when it reaches the Senate. It is an empty
legislative vessel that has no meaningful port of destination. We are
on a joyride that is going to waste the time and treasure of the
American people.
That is not to suggest, Mr. Speaker, that the House majority hasn't
been busy during the 113th Congress. This majority has been busy
unleashing a parade of horribles on the American people.
The House majority, Mr. Speaker, began by bringing to the American
people sequestration, tens of billions of dollars of painful cuts to
important domestic programs that will adversely impact the American
people.
This House majority, Mr. Speaker, has been busy bringing us a 16-day
reckless government shutdown, costing the American people $24 billion
in lost economic productivity.
Mr. Speaker, this House majority has been busy engaging in a serial
flirtation with defaulting on our debt, threatening the full faith and
credit of the United States of America, resulting in an increase in
interest rates.
This House majority, Mr. Speaker, has been busy enacting a reckless
Republican budget: $137 billion in cuts to nutritional assistance to
the American people, many of whom have gone hungry; $260 billion in
cuts to higher education; $732 billion in cuts to Medicaid--enacted by
this House majority in a reckless Republican budget.
We failed to enact a minimum-wage increase despite the fact that you
have got working families living in poverty while going to work each
and every day.
We failed to enact comprehensive immigration reform, fixing a broken
immigration system, giving life to the American Dream for those who are
otherwise now living in the shadows.
We have failed to invest in transportation and infrastructure.
We failed to renew unemployment insurance, leaving millions of
Americans on the battlefield of the Great Recession.
What are we doing here on the final day?
I would just ask the American people to ponder this question: What
grade should you give the House majority during the 113th Congress?
I would suggest, humbly, there are only two options: D for
``disaster'' and F for ``failure.''
Mr. HASTINGS of Washington. Mr. Speaker, I yield 4 minutes to the
gentleman from Nebraska (Mr. Terry), the author of this legislation.
Mr. TERRY. Mr. Speaker, Doc Hastings, I really appreciate your
leadership on energy issues and natural resources issues. It has just
been incredibly important to our Congress.
I want to thank my colleagues for allowing me to bring this package
here today because this is a commonsense energy approach that grows our
economy, creates jobs, and ensures our energy is affordable and
reliable.
Yes, Mr. Speaker, most of these, or all of them, have already been
voted on at some point in time over the last couple years. It is
important that we continue to push the Senate into taking up these
energy bills so we can expand our economy and grow the jobs.
Too many of the rules and regulations coming out of this
administration are making energy more costly
[[Page H7844]]
and less reliable to the consumers. This is the point of this bill. The
House continues to do our job with legislation, but the Senate
continues to block it. I am not going to stand idly by and keep
allowing that to happen.
This approach puts together bills that allow us to build up our
infrastructure of abundance, streamlines permitting processes, Mr.
Speaker, and provides commonsense guidance to the EPA rulemakers, all
of which provides reliability and affordability for our consumers,
which is an inherent cornerstone to economic success.
So what does this bill do?
It allows the United States to take advantage of the fact that we are
incredibly close to being self-sufficient, no longer reliant on those
outside of North America. This bill approves the Keystone pipeline,
which was filed, originally, 6 years ago tomorrow. But yet 22,000 pages
of studies have been completed that show that this pipeline does not
pose an environmental risk to land or aquifer and will actually reduce
CO2 emissions compared to not allowing the pipeline.
Recently, Larry Summers, President Obama's former senior economic
adviser, was quoted as saying: ``I am very much aware of the toll that
the Keystone pipeline issue has taken on the relations with a crucial
U.S. ally, Canada.''
So it is even straining our relationship with our good friend Canada.
This bill also removes Federal barriers to offshore energy
production, enhances onshore production by removing red tape and making
sure that any regulations are reasonable.
This bill will expedite LNG exportation to our allies, allowing us to
maintain a strong, strategic position in the world.
This bill will modernize the permit process for natural gas
pipelines. This is important as we use more natural gas for
manufacturing, electrical production, and as a transportation fuel.
There is an abundant supply of natural gas here in North America and
it has been proven to be cheaper and cleaner, but I believe it is
greatly underutilized. We need to make natural gas a priority, which
this bill does.
Our country is blessed to have these abundant natural resources. We
must do everything in our power to make sure that our policies support
resource development and minimize the red tape that strangles our job
creators.
I am proud to lead this effort in support of lower cost energy and
more American jobs. With these policies, we can make real progress
towards reducing prices at the pump and protecting families.
Mr. WAXMAN. I yield 3 minutes to the gentleman from Texas (Mr. Gene
Green).
(Mr. GENE GREEN of Texas asked and was given permission to revise and
extend his remarks.)
Mr. GENE GREEN of Texas. Mr. Speaker, I rise today in opposition to
H.R. 2. Here we are, the next day after we passed bipartisan
legislation with a majority on both sides, and now today we come up
with H.R. 2, which has a combination of bills that this House has
already considered.
And what, we are here the last day of voting, the day before we go
home to campaign, passing a bill that has zero chance of becoming law.
H.R. 2 is an affront to the bipartisan work we have done in the
Energy and Commerce Committee. Over the past year, the members of our
committee have worked together to craft legislation that would support
the dramatic energy renaissance our country is experiencing.
Unfortunately, H.R. 2 that we are considering today is not reflective
of this hard work, some of the compromises we did.
Instead of working to improve the decisionmaking made by Federal
agencies, H.R. 2 seeks to eliminate Federal authority.
Instead of expediting export permits, H.R. 2 opens the door to
sending U.S. gas to countries that are not even our friends.
Instead of respecting the balance we worked so hard to establish
between the States and the Federal Government, H.R. 2 rescinds all the
authority for our government in State affairs.
It is my hope that we would stop wasting time on these bills that
have no bipartisan support and work together to pass legislation in a
bipartisan fashion.
We actually have addressed a number of these bills already on this
House floor. Everyone, Democrat or Republican, has acknowledged that
the energy sector has common ground. We may not always agree on what
fuel mix we have or how to best serve our country, but we can agree
that the energy sector is vital to our economy and our independence.
The bills included in H.R. 2 include bills I have cosponsored and
worked hard to craft with my Republican and Democratic colleagues. It
is disappointing that our leadership would use this window of
opportunity to pass bills that harm our environment, create uncertainty
in our economy, and ultimately delay job growth and energy development.
In the Energy and Commerce Committee, we work across party lines to
draft legislation that solves the problems of the American people and
American industry. We work to ensure that the EPA, the Environmental
Protection Agency, is promulgating rules that make not only economic
sense, but, as well, environmental sense. We work to support our
natural resources sector and send American gas and refined products
overseas to benefit our U.S. economy and balance of trade.
All of these things will garner bipartisan support and establish the
U.S. and North America as the world energy leader. But this H.R. 2
takes away all that we have worked for for almost 2 years, and that is
why I oppose H.R. 2.
Mr. HASTINGS of Washington. Mr. Speaker, I yield 2\1/2\ minutes to
the gentleman from Colorado (Mr. Lamborn), the subcommittee chairman on
the Natural Resources Committee.
Mr. LAMBORN. I thank the chairman for recognizing me and for his
contribution to energy and other policies of our country over many
years.
Mr. Speaker, I rise in strong support of the bipartisan H.R. 2, the
American Energy Solutions for Lower Costs and More American Jobs Act.
I am pleased that this package of energy legislation includes
legislation I introduced and that has previously passed the House, H.R.
1965, the Federal Lands Jobs and Energy Security Act.
H.R. 2 will help ensure the successful production of onshore and
offshore energy and provides the regulatory certainty energy producers
need to produce American-made energy. This creates American jobs,
increases revenues to State and local governments, and promotes
economic development across the economy.
H.R. 2 promotes an all-of-the-above energy strategy, streamlining
regulations and expediting the production of both conventional and
renewable energy. It will ensure that the Bureau of Land Management has
the resources they need to expeditiously process permits for all energy
projects on Federal land.
{time} 1600
The Obama administration has made energy production on Federal land
so burdensome and so uncertain that conventional and renewable energy
producers are avoiding Federal lands in favor of State and private
lands. That is where permits are approved in a timely fashion and are
not subject to burdensome and obstructionist lawsuits, and projects can
move forward in a stable environment.
In my home State of Colorado, a permit for an energy project can be
approved in 27 days for State land projects. For a project on Federal
land in Colorado, the Obama administration takes nearly a year to
approve the same permit. This delay in approvals not only delays energy
production, it delays job creation and revenues to State and local
governments.
Energy producers should not have to choose between whether to produce
energy on Federal versus State land just because of permit timelines,
lawsuits, and regulations.
This legislation injects much-needed certainty into every step of the
energy production process. It will ensure timely permit approvals,
allow Bureau of Land Management field offices to have the resources
they need for energy permits, open up offshore areas for energy
production, and ensures that our Nation has a plan for our future
energy needs.
I urge my colleagues to join me in strong support of this critical
legislation.
[[Page H7845]]
Mr. WAXMAN. Mr. Speaker, may I inquire how much time is remaining.
The SPEAKER pro tempore (Mr. Womack). The gentleman from California
has 47\1/2\ minutes remaining. The gentleman from Washington has 44
minutes remaining.
Mr. WAXMAN. Mr. Speaker, I yield 4 minutes to the gentleman from
Virginia (Mr. Moran).
Mr. MORAN. Mr. Speaker, I thank my very good friend and our leader
from California for yielding me the time.
Mr. Speaker, I rise in opposition to this bill.
So this is the last day we are in session until after the elections.
But rather than consider substantive legislation today--or really at
any point in this session--that would have extended long-term
unemployment benefits, or simplify the Tax Code, or reform our
immigration system, or extend expiring tax provisions, or lower foreign
trade barriers with new trade authority, or invest in our Nation's
deteriorating public infrastructure, we are going home.
Mr. Speaker, the list goes on and on of what we could and should be
doing. But we are wasting what limited floor time remains debating a
compilation of bad anti-environmental legislative proposals that this
Chamber has already passed.
These bills will not be considered by the Senate, and they are bills
that the President has already expressed his intention of vetoing if
they were to get through the Senate.
It is disappointing, but it is not surprising.
With the vote on this bill, this Chamber will have voted 218 times
just this session to weaken existing laws that protect our health and
our environment; 58 times this session we voted to block action on
climate change; 43 times to weaken the Clean Air Act; and 75 times to
weaken the Clean Water Act.
Mr. Speaker, more oil is being produced now during the Obama
administration than at any point in the previous 25 years. Our
dependence on foreign sources of oil is at a record low. Gasoline
prices are actually stabilizing or in decline in many parts of the
country.
But with this bill, we will be waiving environmental reviews and
advancing more drilling in areas that pose potential harm to the
environment and to other American jobs and industries, such as the
tourist industry, the fishing industry, and many other industries that
don't seem to be given equal weight but are certainly equally or more
important than the industries that we are trying against all odds to
protect.
Mr. Speaker, the climate is warming. The only place where a majority
of the American people are in denial is here in this Chamber.
I have seen a poll that shows that 53 percent of all self-identified
Republicans under the age of 34 think politicians who deny climate
change are either--and I am quoting here; obviously, these would not be
my words, but I am quoting--either ``ignorant,'' ``out of touch,'' or
``crazy.''
So I will let the majority of young Republicans have the last word,
Mr. Speaker. But the point is, I oppose this measure, and I urge my
colleagues to do so as well by voting ``no.''
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield
2\1/2\ minutes to the gentleman from Pennsylvania (Mr. Marino).
Mr. MARINO. Mr. Speaker, H.R. 2 is a practical bill that would lower
costs for energy, create over 1 million long-term jobs, improve our
energy security, and substantially reduce redtape.
This is exactly the type of bipartisan legislation Congress should be
passing to revitalize our economy and create jobs.
According to an April 2014 report issued by the U.S. Government
Accountability Office, the average wait time for an environmental
impact study in 2012 was running 4.6 years. This is the highest average
since 1997 and includes projects with wait times of 10 to 20 years.
The World Bank and International Finance Corporation's recent Ease of
Doing Business index embarrassingly ranked the U.S. 34th in the world
in the category of ``dealing with construction permits.''
This is no longer a political game. This is costing the United States
real dollars and good-paying jobs.
Today, the Environmental Protection Agency and other regulatory
bodies are filing numerous claims to deny and delay companies from
receiving permits for as long as 10 to 15 years just to break ground.
At a time when our economy is lagging and job creation is moving at a
very slow pace, this is an outrage. The RAPID Act would set hard
deadlines for agencies to approve or deny permits. The RAPID Act would
also crack down on prolonged lawsuits, creating a window of 180 days
for any claim challenging a permit decision.
This bill would also substantially streamline the process by
empowering lead agencies to manage environmental reviews efficiently
from start to finish to avoid waste and duplication of efforts among
the bureaucratic agencies.
Mr. Speaker, simply because the leader of the Democratic Senate,
Harry Reid, will not allow over 260 bills to go to the floor doesn't
mean that we should refrain from continuing to do our job here. My
constituents back home deserve this legislation and America needs this
legislation, and we will continue to fight on a daily basis to make
sure that we improve the economy and create jobs.
Mr. WAXMAN. Mr. Speaker, I yield 5 minutes to the gentlewoman from
California (Mrs. Capps), my colleague and good friend.
Mrs. CAPPS. Mr. Speaker, I thank my colleague for yielding.
Mr. Speaker, here we go again.
H.R. 2 is yet another example of the majority's backward energy
policy, which doubles-down on dirty fossil fuels instead of investing
in a clean energy future. I strongly oppose it. While fossil fuels will
undoubtedly be a significant part of our energy mix for years to come,
they are really only one piece of a very large energy puzzle.
So rather than focusing on dead-end, shortsighted policies like
these, we should be considering comprehensive energy legislation that
looks at the big picture. We should be investing in cutting edge
research, high-tech innovation, and new clean energy technologies. We
should be increasing energy efficiency, modernizing the electric grid,
and promoting sustainable energy. And we should be taking action to
reduce toxic greenhouse gas emissions and finally embrace the
overwhelming science of climate change.
Not only does H.R. 2 do nothing to address the serious environmental
problems we face, it also creates new ones. H.R. 2 overrides the
expressed will of voters in my congressional district and many other
communities throughout the Nation by recklessly expanding offshore oil
drilling.
We have seen time and time again the devastating environmental and
economic threats posed by offshore oil drilling. That is why voters in
my congressional district and California have repeatedly rejected new
offshore drilling. Yet this bill ignores these wishes and explicitly
requires new oil drilling off the central coast of California and in
other areas.
I find it ironic that the same majority that decries ``an
overreaching Federal Government'' seems to have no qualms about forcing
new drilling upon local populations against their expressed wishes.
I have submitted several amendments to the Rules Committee to address
this in this legislation and other problems with this bill, but none of
them were made in order. In fact, the majority has prohibited
consideration of any and all amendments. No debate, no votes.
And if these weren't enough reasons to oppose H.R. 2, the bill is
also completely unnecessary because the House has already passed every
single provision included in this bill.
H.R. 2 is nothing more than 13 previously passed bills stapled
together with a new bill number on the top.
Even worse, this is the third time this Congress, and the fifth time
in 4 years, that we are voting on the exact same offshore drilling
expansion legislation.
Stapling old bills together doesn't make this a new idea.
One would think that after nearly 4 years in control of this House
the majority would have come up with some new ideas by now. But sadly
they just found a bigger staple machine.
H.R. 2 is simply a political gimmick and a waste of taxpayer time and
money. This is no way to legislate.
[[Page H7846]]
Mr. Speaker, the American people expect better from us. They expect
us to find common ground and work together across party lines to solve
our Nation's problems. And there is certainly no shortage of problems
we could be working on right now: strengthening our economy, raising
the minimum wage, passing comprehensive immigration reform, making
college more affordable, rebuilding our crumbling infrastructure. And
that list does not even include the multitude of energy challenges that
this bill completely ignores.
This is what the American people are calling for. They are calling on
Congress to stop the political gimmicks, they are calling on us to help
create middle class jobs to support working families, and they are
calling on us to get to work and build a more prosperous and
sustainable energy future for our Nation.
H.R. 2 accomplishes none of these things. This bill is simply harmful
energy policy and an embarrassing waste of time.
I urge my colleagues to reject this bill and join us in working
toward a clean, more sustainable, energy future for the American
people.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 2
minutes to the gentleman from Louisiana (Mr. Cassidy).
Mr. CASSIDY. Mr. Speaker, I thank my colleague from Nebraska, Mr.
Terry, Chairman Upton, and Chairman Hastings for incorporating
important provisions that I have worked on in this bill, specifically
provisions that would prevent or roll back onerous EPA regulations and
provisions that would greatly increase revenue sharing among gulf
States, adding billions to Louisiana's coastal restoration effort to
build hurricane protection to protect not just our State but energy
infrastructure.
Now, we have passed these bills before, sometimes three times before,
and there are over 40 jobs bills this Chamber has passed that have gone
nowhere in the Senate. The bills sit on Majority Leader Harry Reid's
desk. Senator Reid and his colleagues like to speak of helping the
middle class, but when it comes to a jobs bill they talk and we act.
Now, Louisiana and Louisiana's workers are greatly benefiting from
America's energy renaissance. There are over 66 industrial projects--
worth some $90 billion--that will break ground over the next 5 years in
Louisiana, creating tens of thousands of new jobs for working
Americans.
The only thing that can stop these jobs is Federal regulation. For
example, some proposed EPA rules would destroy 117,000 jobs in
Louisiana alone. Sometimes I think my colleagues on the other side of
the aisle are so busy saving the Earth they will sacrifice the American
family. My, my, I think we save the Earth by first saving the family.
We should be rolling out the red carpet for these jobs, not the red
tape. But already the red tape has made these jobs more difficult and
life more difficult for these families.
We have seen the price of utilities, gasoline, groceries, and, of
course, health insurance increased under President Obama's
administration.
{time} 1615
Hardworking families are struggling. They pray for better jobs with
better benefits. Fortunately, the energy industry is creating these
jobs.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HASTINGS of Washington. Mr. Speaker, I yield the gentleman 30
additional seconds.
Mr. CASSIDY. These jobs are at risk when President Obama blocked the
ability to construct pipeline infrastructure or blocked exploration and
production off the Outer Continental Shelf or places hurdles in front
of the exportation of liquefied natural gas and when EPA proposes job-
killing regulations driving blue-collar jobs to foreign countries.
I urge my colleagues to support this bill. I urge the Senate to pass
the dozens of job-producing bills this House has passed and that have
been stalled at the majority leader's desk for months.
Mr. WAXMAN. Mr. Speaker, I yield 5 minutes to the gentleman from New
York (Mr. Tonko).
Mr. TONKO. I thank the gentleman from California for yielding.
Mr. Speaker, the bill before us today is yet another exercise that
explains why the public has such a low opinion of Congress.
We have considered this package of bills before. The Senate will not
take it up. The President and administration would not approve it. We
are wasting valuable time on our last day in session before the
lameduck period.
This bill delivers more benefits to big fossil fuel and mining
interests. It would allow them to extract fossil fuels and minerals
from our coastlines and public lands with no serious consideration of
public health, the environment, or of the many other business interests
that rely on a clean, healthy environment to support their continued
success.
Our Nation has real challenges. We need faster, broader job growth in
all regions of our country and in all sectors of our economy. We need a
national energy policy that provides more energy security through
efficiency and expanded use of renewable energy resources.
We need an energy policy that recognizes and deals with the
challenges of climate change. We need a thoughtful path forward that
enables a transition to the energy sector of the future that brings
workers and communities into this new model productively and
profitably.
We need to invest in our transportation and water infrastructure--
infrastructure that is in need of repair, in need of rebuilding, and in
need of redesign--to meet our needs into the future. The financing
structure in place today and the Federal resources being devoted to
these essential systems is outdated and inadequate.
We need to do more to address the lingering problems from the
financial debacle that crashed the economy in 2007. Too many of our
citizens are still struggling under heavy debt loads as a result of the
housing bubble, the stagnant wages, student loans, unemployment, and
underemployment.
Our Tax Code needs revision to spur business investment, to bring
down the deficit, and to make the Code fair for all taxpayers. We need
to invest in research and development, the lifeblood of innovation and
progress; instead, this legislation proposes to provide more to a
sector of the economy that is already thriving.
Oil and gas production are at record levels, as are the profits of
these industries. This bill continues the same old energy policy that
we have been following for decades and ignores the mounting social and
environmental costs associated with its continuation. This package
doubles down on carbon emissions because it is a fossil fuel only
policy.
With this proposal, we ask our citizens to accept greatly reduced
public health and environmental protection not just to support our
domestic use of these fuels, but to enhance our exports of fossil
fuels.
It is sad and ironic that, during the week of the 50th anniversary of
the Wilderness Act and of the Land and Water Conservation Fund--laws
that recognize all the values of public lands and resources to current
and future generations and that have provided so much--that we are
considering this bill.
H.R. 2 represents a narrow view of natural resources as assets to be
exploited for short-term profit by this generation with little regard
for our stewardship responsibility to our children and to our
grandchildren. If we do not act decisively and soon, our generation's
legacy will be one of shortsightedness and wasted opportunity.
We have ignored real challenges for far too long. We need to
demonstrate the vision, the courage, and generosity of spirit that
previous generations expressed on our behalf. We need to stop making
policy in increments of months and do what we were sent here to do,
govern by working together and compromising to find solutions with
consideration of the present and an eye to the future with bold plans
and initiatives.
Generally, I am a big fan of recycling, but H.R. 2 is only suitable
for disposal. This is a deeply flawed piece of legislation. I cannot
support it, and I strongly urge my colleagues to reject it.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 2
[[Page H7847]]
minutes to the gentleman from Louisiana (Mr. Scalise), the
distinguished majority whip.
Mr. SCALISE. Mr. Speaker, I want to thank the distinguished gentleman
from Washington for yielding and for his leadership over the years. We
are going to miss him in this House, but I appreciate him leading on
these energy efforts as he has over the years. I want to also thank my
colleague from Nebraska (Mr. Terry), for bringing this bill forward.
This is a jobs bill, but this is also a bill about American energy
security, and, Mr. Speaker, it is a bill about national security.
Let's go through each of those. First of all, this bill green-lights
the Keystone pipeline. Here, you have got a bill that has been sitting
on Barack Obama's desk for 6 years, Mr. Speaker, where 40,000 jobs hang
in the mix, and President Obama continues to say ``no.''
We are finally saying ``yes'' to 40,000 American jobs, a great
investment in a trading partner in Canada. We can get energy from
Canada that we would no longer have to get from Middle Eastern
countries who don't like us, Mr. Speaker.
What this bill also does is opens up some of those vast natural
resources throughout the Outer Continental Shelf that are closed right
now off the coast of places like Virginia, Alaska, and, yes, even in
Louisiana, where in our State we have said those extra revenue
sources--that money that would be coming into our treasury--would help
us reduce the national debt, but the revenue-sharing States would also
be able to play a role in that.
If a State wants to help produce energy for America, they can also
help our own economy. In our State, we said we want to focus on
restoring our coast, putting that buffer in place that blocks future
storms.
Mr. Speaker, this also helps lower gas prices at the pumps. Families
who are struggling in this tough economy because of all the radical
regulations coming out of the Obama administration can finally get some
relief in gas prices through that energy security, again, removing the
dependence we have on Middle Eastern countries and other people who
don't like us.
We dealt with and started to address the threat from groups like
ISIL, Mr. Speaker. Do you know that ISIL makes over $2 million a day
from the oil fields they control that funds their terrorist activities?
Let's become energy secure as a Nation and get the energy security
that goes with it, the jobs that go with it and all the great access to
those resources that improve our economy.
I urge adoption of the bill.
Mr. WAXMAN. Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 3
minutes to the gentleman from Montana (Mr. Daines), a hardworking
member of the Natural Resources Committee.
Mr. DAINES. Mr. Speaker, I rise in strong support of H.R. 2, the
American Energy Solutions for Lower Costs and More American Jobs Act.
New technology has fueled a 21st century energy boom, but Americans
are still paying way too much for everyday expenses like gas,
groceries, and electricity. That is why the House has passed dozens of
bills to lower energy costs and create jobs, like a bill that I
introduced--and passed--called the Bureau of Reclamation Conduit
Hydropower Development Equity and Jobs Act.
It passed unanimously last year. This is commonsense legislation. It
would expand hydropower production in a number of Western States. It
creates jobs while lowering electric prices for thousands of families.
Whether it is from approving the Keystone XL pipeline to stopping
these out-of-touch regulations on our coal industry, the House is
fighting to protect and grow American energy and the jobs it supports.
In fact, in Montana alone, more than 5,000 jobs depend on coal, and
thousands of middle class families rely on coal-fired power for an
affordable source of energy. Fifty-one percent of the electric supply
in Montana comes from coal.
Construction of the Keystone pipeline will not only create thousands
of good jobs, it is going to help keep energy prices low for Montana
families. Let me tell you why.
I was out traveling in eastern Montana in my pickup. I visited the
NorVal Electric Co-op in Glasgow, Montana. It will provide power for a
future Keystone pump station on the pipeline.
If Keystone is built, NorVal will be able to keep their consumers'
electric rates flat for the next 10 years, but, if it isn't, they
expect that rates will grow upwards of 40 percent for those ratepayers
over the course of the next decade.
These are hardworking Montana families, many of them living paycheck
to paycheck, many on fixed incomes, that we will help with the Keystone
pipeline.
Unfortunately, tomorrow marks the 6-year anniversary from the time
the first permit to build the Keystone pipeline was filed. It took the
Canadians 7 months to approve it. We are now at 6 years and waiting
with this President.
The American people have waited far too long. That is why the House
has passed legislation to approve its construction, but the Senate
refuses to act. It is time for the Senate and the President to join us
in fighting for solutions to create jobs, lower energy costs, and
protect middle class American families.
Mr. WAXMAN. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 3
minutes to the gentleman from Virginia (Mr. Goodlatte), the
distinguished chairman of the Judiciary Committee.
Mr. GOODLATTE. I thank the chairman for yielding and for his
leadership on this issue.
Energy is vital to every aspect of American life. Working families,
retirees, and businesses large and small are all dependent upon
reliable and affordable energy.
An unwelcome increase in the electric bill leaves many families no
other option but to cut elsewhere. For businesses, higher energy costs
mean less money to invest in jobs or expansion. As business costs
increase, so does the price of goods down the line, triggering a chain
reaction felt throughout the economy.
Unfortunately, the Obama administration's policies are contributing
to the rise in energy costs by discouraging exploration of domestic
resources, imposing additional regulatory hurdles on energy creation,
and attempting to bypass Congress to implement economically devastating
policies like cap-and-trade.
Today, Congress reminds the Obama administration about what they seem
to have forgotten--that America's economy is intrinsically linked to
affordable energy.
This bill encourages us to expand energy production. I am
particularly pleased that it includes provisions I have worked on for a
long time to move forward, a lease sale off the Virginia coast.
This sale will provide necessary energy resources for our Nation,
while providing a significant boost to the economy of the Commonwealth
of Virginia. It also includes other important provisions, like the
Judiciary-approved RAPID Act, which cuts through the government red
tape impeding development of our resources.
Today's bill helps to ensure that America is an energy leader,
utilizing our resources to strengthen the reliability and affordability
of energy for American consumers.
We must encourage more legislation like the American Energy Solutions
for Lower Costs and More American Jobs Act, adopting policies that seek
to rebuild our economy and create more jobs.
I urge all Members to vote for this legislation that ensures our
energy security while boosting our economy.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 4
minutes to the gentleman from Kentucky (Mr. Whitfield), one of my
classmates.
Mr. WHITFIELD. Mr. Speaker, I am delighted that we have this bill on
the floor today.
I am going to confine my remarks to one piece of legislation, and
that is the Electricity Security and Affordability Act. This
legislation has passed the House before, and it is designed to do two
things. One is to reverse the extreme regulations coming out of the
[[Page H7848]]
EPA on existing coal-fired plants and new coal-fired plants.
We all understand that the President of the United States views that
the number one issue facing mankind today is climate change, and, while
we all recognize that there is climate change, we do not view it as the
most important issue facing man today.
Because of the President's position--his extreme views--he is
dictating to the EPA to take positions that are damaging the coal
industry but, more important than the coal industry, damaging the
electricity produced from coal.
{time} 1630
Now, what does that mean to the American people?
Well, how many of you are aware that CO2 emissions in
America today are lower than they have been for 20 years?
America does not have to take a backseat to any country in the world.
And yet, this President, with his EPA, has passed regulations that make
it impossible to build a new coal plant in America and in an amount
that makes it commercially feasible to do.
So here we are in America, doing a better job than any other country
in the world, and yet this President, because of his extreme views,
makes it impossible to build a new coal plant.
Now, I would be the first to admit that a new coal plant is not going
to be built in America because our natural gas prices are very low. We
are fortunate, with the shale development, that gas prices are
extremely low.
But what if we find ourselves in the position that they found
themselves in Europe?
Gas prices coming from Russia are so high that they started
mothballing their natural gas plants to produce electricity and started
building new coal plants, and last year, they imported 53 percent of
the coal exports from America. So, in Europe, they have that
flexibility.
But in America we don't have that flexibility. So, if gas prices go
up, which they may very well do, then we can't build a new coal plant
because it is too expensive and the technology is not there to meet the
extreme, stringent emission standards set by EPA.
So this legislation would stop that, and it would say, EPA, you can
regulate CO2 emissions, but you can build a new coal plant
if you use the best available control technology.
Now, what do we do--you know, next June EPA is coming out with a new
regulation that, in effect, will federalize the electricity-generating
business in America for the first time. EPA is setting standard
emission caps for every State in America. We already know that in
Kentucky they have identified 15 coal units that will be closed down.
And guess what? When they adopted this regulation, they did not do any
thorough reliability studies.
Now, we all recognize that renewables play an important role, but
they cannot be the base load of electricity production in America. And
if America is going to remain competitive in the global marketplace, we
have to have low-cost, abundant, affordable, reliable electricity.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HASTINGS of Washington. I yield the gentleman an additional 30
seconds.
Mr. WHITFIELD. So all we are saying to the President is, okay, let's
be reasonable. This legislation will allow EPA to regulate
CO2 emissions, but you can build a new coal plant if you use
the best available control technology. And if you want to regulate
existing plants, you adopt the regulation, but Congress will set the
effective date.
The President is going to be gone from office when all of these
regulations really start hitting, and America is going to be hit in its
ability to compete in the global marketplace.
Mr. Speaker, I urge passage of this legislation.
Mr. WAXMAN. Mr. Speaker, I yield myself 2 minutes.
I am going to have more to say about this bill later, but I want to
comment on the comments that were just made to us by the gentleman from
Kentucky.
He suggested that we don't need to do anything more about climate
change because greenhouse gas emissions are falling in the United
States. Well, that is not an accurate story because, while U.S.
greenhouse gas emissions did fall in 2008 and 2009 during the economic
recession, since that time our overall emissions have grown.
Cumulatively, U.S. emissions grew, not fell, in 2010 and 2011, the most
recent years for which data is available.
But the fact of the matter is that if coal is being displaced by
natural gas, it is not because of any regulation; it is because the
market forces are moving in that direction. It is just cheaper.
And why do we want to say that is wrong? Let the market work its
will.
But unless we regulate the emissions from powerplants that cause
greenhouse gases to be spewed into the air, we are neglecting the major
reason we have climate change in this country today.
This bill would prevent the EPA from doing anything about the
problem. Burning coal would be completely unregulated, and we would
continue to add greenhouse gases to our atmosphere.
I think that this is hiding their heads in the sand, denying that
there is climate change, denying that we need to do anything about it,
pretending like it is not a problem. This is a disservice to the
American people and the future of our economy.
Those businesses that develop the technologies for the future, which
will be technologies that reduce carbon pollution, are going to be the
place where the economies are going to be benefited, not those that
deny the problem and do nothing about it.
Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 2
minutes to the gentleman from Ohio (Mr. Johnson).
Mr. JOHNSON of Ohio. Mr. Speaker, today I rise in strong support of
H.R. 2, the American Energy Solutions for Lower Costs and More American
Jobs Act.
This important legislation will unleash America's energy potential,
create thousands of jobs, and stop the administration from destroying
tens of thousands of jobs. I urge all of my colleagues to support it.
Representative Lamborn and I sponsored the Preventing Government
Waste and Protecting Coal Mining Jobs in America Act, which is a
portion of this package. This specific title of the bill stops the
administration's efforts to virtually eliminate underground mining in
the Eastern United States, cost thousands of jobs, and lead to
skyrocketing energy costs for all Americans.
Since President Obama came into office, his Department of the
Interior has tried to rewrite the stream buffer zone rule. The
President's preferred rule would cost at least 7,000 direct jobs and
thousands more indirect jobs. This estimate is the administration's own
estimate, and it could potentially be much worse.
The President's rewrite of the rule has been ongoing now for 5 years,
has cost taxpayers millions of dollars, and has been the subject of an
ongoing investigation by Chairman Hastings and the House Natural
Resources Committee.
As we have seen across the administration, the Interior Department
has largely refused to turn over documents and recordings to the
committee in a clear violation of the House's oversight authority. The
administration is clearly holding back information that they know would
be damaging to their efforts.
The House has previously passed this legislation on two separate
occasions, both times on a bipartisan basis. Unfortunately, the Senate
has refused to even consider the legislation either time.
I specifically want to thank Chairman Hastings and Chairman Lamborn
for their leadership on this issue. Without their investigation of the
Department on this rulemaking process, we might not have been able to
stop it from going forward. However, we will continue our oversight and
make sure that the Department doesn't try to push through a rule in
their final 2 years.
Again, I thank the chairman for his hard work not only this
particular title of H.R. 2, but for his work and leadership on the
entire package. This legislation will be a big step forward toward
energy independence and security, and I urge all of my colleagues to
support the legislation.
[[Page H7849]]
Mr. WAXMAN. Mr. Speaker, I yield myself 5 minutes.
Mr. Speaker, this bill is not a new bill to be presented on the House
floor. It is a compilation of bills that have already been proposed and
passed, for the most part, on a partisan Republican basis.
People have complained on the other side of the aisle that their
bills didn't go anywhere. Well, they didn't go anywhere because they
didn't have support in the other body, the U.S. Senate. The President
of the United States said he would veto it.
They can't pass a bill in the House with Republican votes and put it
into law. So if you can't pass a law without working with the Democrats
and reaching compromises, what Republicans think is the most effective
thing to do is to say it over and over and over again.
Let's not forget, we know that our Republican colleagues didn't like
the Affordable Care Act, sometimes known as ObamaCare, so on this House
floor we voted over 50 times to repeal it.
The Republicans said we are going to repeal it and replace it. Well,
we never heard what they are going to replace it with. They just wanted
to repeal it. Well, they didn't repeal it when they passed the first
vote, and they didn't repeal it when they passed the 50th vote. But
they thought if they say it over and over and again and do it over and
over again, they would get somewhere, I presume.
When psychologists talk about this, they call it perseveration,
saying the same thing over and over again.
But I don't think this is a reasonable way to legislate. If they want
to legislate and you don't have the power, you have to compromise. You
have to talk with the President. You have to talk with the Senate
majority. You have to talk with your own colleagues. But the
Republicans don't want to talk to anybody except themselves over and
over and over again.
Let me give you an example. Since Republicans took control of the
House less than 4 years ago, they have cast over 500 antienvironmental
votes. They have voted over 500 times to weaken protection for public
health and the environment, to let polluters off the hook, and even to
deny science.
Well, I presume they think that is a good idea. They have voted
against clean renewable energy and energy efficiency. They have voted
to give taxpayer dollars to oil companies. They have voted to allow
more toxic mercury pollution in our air and more contaminants in our
drinking water.
I suppose they think that is a good idea, but others don't agree with
them nor, I think, do the American people.
They have voted repeatedly to deny the reality of climate change and
block any action to cut carbon pollution. They don't want a cap-and-
trade. They don't want a price on carbon. They don't want the EPA to
regulate.
What is their plan? Well, their plan is to deny the existence of
climate change and pretend it is not doing any harm.
We have kept track of these votes that we consider antienvironmental,
and there were over 300 antienvironmental votes last Congress, and
today Ranking Member DeFazio and I released another report that there
were over 200 more antienvironment votes in this Congress.
Now, Republicans like to complain about a mythical war on coal. It is
a fantasy. But there is a war on the environment that is being waged on
the floor of the House, and the bill before us today is proof of that.
It contains dozens of antienvironment provisions.
All of us want prosperity and security for America. We know, many of
us, that climate change is harming us today through droughts and fires
and floods and more, and we know that it will endanger our children's
future if we don't act.
Democrats, for the most part, have recognized the threat and we know
that we can tackle it while, at the same time, growing jobs and our
economy.
How do we know this? Because that was the history of the Clean Air
Act. Every time we strengthened the Clean Air Act, industry opponents
said it would cost too much, it would weaken our economy, it would mean
lost jobs, but when we acted, we found that our air is cleaner and our
economy is stronger.
Republicans take a much different approach. They refuse to admit that
climate change is real because then, if they did, they would have to do
something about it. Their policies embodied in this bill deny the
problem and threaten our future.
Remember the health care debate? We said it is not fair to
discriminate against people.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. WAXMAN. I yield myself 2 additional minutes.
We said it is not fair to discriminate and deny, allow insurance
companies to deny the chance for people with preexisting conditions to
buy insurance.
The Republicans said, Oh, yeah, we don't think that is a good idea,
but they didn't have a plan to do anything about it. They were happy to
let it continue.
They wanted to say it was okay for insurance companies to put caps on
the amount that the policies would pay. They wanted a system where
people were priced out of insurance; if they couldn't afford it, well,
that is just too bad.
They deny the realities of what has been happening to millions of
Americans, and now we have a health care law that is benefiting
millions of Americans.
This bill is not about health care, but they are denying these
environmental problems and they are trying to keep Federal agencies
from doing their job.
Powerplants are the single largest uncontrolled source of carbon
pollution in the United States. EPA has proposed critically important
regulations to cut carbon pollution for powerplants in a balanced,
cost-effective, commonsense way.
{time} 1645
These rules would cut smog, and they would stop deadly particulate
pollution. They would save thousands of lives per year and avoid tens
of billions of dollars in costs, but this bill eliminates EPA's
authority to issue any rules. Nothing can happen.
Mr. Speaker, powerplants aren't the only source of carbon pollution.
Tar sands are another big source. They produce 17 percent more carbon
pollution than conventional oil, yet this bill grants a regulatory
earmark to the Canadian Keystone XL pipeline, effectively exempting it
from all U.S. Federal permitting requirements, including ones that
apply to every other major construction project in the United States.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. WAXMAN. I yield myself an additional 1 minute.
This bill creates a new process to rubberstamp every other pending
and future tar sands pipeline. It even exempts these massive projects
from the National Environmental Policy Act by limiting the NEPA review,
which was adopted by Congress overwhelmingly on a bipartisan basis, to
only a tiny sliver of the pipeline only where it crosses the border.
There are many other anti-environmental provisions. This bill would
allow the Department of Energy to veto the rules established by the
EPA, even though they are not within the jurisdiction or the expertise
of the Department of Energy.
This all may make sense to the oil companies, and this may be a
giveaway to the Koch Brothers, but I don't think Americans would agree
that this is a good bill. Energy interests should not automatically
trump everything else we care about, such as raising healthy children.
Mr. Speaker, I hope my colleagues will vote against this bill. We
have had it on the floor too many times, and I hope that we defeat it
this time.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 3
minutes to the gentleman from Texas (Mr. Gohmert), a member of the
Natural Resources Committee.
Mr. GOHMERT. Mr. Speaker, my late mother used to say maybe I should
be a college professor because I really do enjoy educating people, and
nothing gives me more thrill than to help educate people here on the
floor.
My friend says that Republicans deny what is happening to millions of
people. No. Actually, there are 11 million people who are not working
today who were working when President Obama took office and who are not
retired. They just gave up looking for jobs. We care deeply about those
people.
[[Page H7850]]
When it comes to climate change, my friend says the Republicans
continue to deny its existence. Climate change is real. It is a fact.
Where I live it happens four times a year. It is real. We acknowledge
that. It is a real thing.
Now, under this bill, my friend says that coal would be completely
unregulated. He is right if he is talking about China, but here in the
United States, where we are talking about real jobs, cheaper energy,
and helping families who are struggling to make ends meet, we are
talking about helping Americans, not the Chinese to whom we lose so
many jobs.
My friend says bills don't have support in the Senate. He is right if
he is talking about Harry Reid, but if Harry Reid will bring these
bills to the floor, my friend is going to see Democrats either vote for
them or lose their seats. They know they have to support them, because
it helps real Americans.
Now, what our President and others on the other side of the aisle
don't acknowledge is the fact that the policies they have supported
help Big Oil. They help their friends in the crony capitalist Big
Business. They help the Solyndras and those kinds of folks, but the
fact is, even when President Obama proposed what he called a ``jobs
bill,'' it gutted independent oil companies and gas companies in
America. Big oil companies only operate about 5 percent of the oil and
gas wells in America, and 95 percent are drilled and operated by
independent oil companies. They are regulated. If we really want to
help America, we need to pass this bill and force Harry Reid to either
deal with it or lose his position as majority leader.
My friend had previously talked about wilderness areas. National
parks are suffering. Why? Because this administration and my friends
across the aisle and Harry Reid want to blow money on solar companies
that won't work, yet, actually, if this administration were not
reducing the number of permits by 40 to 60 percent from what they were
under President Clinton, then we would have all the money we would need
to have the most wonderful wilderness areas and national parks that you
can imagine.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HASTINGS of Washington. I yield the gentleman an additional 30
seconds.
Mr. GOHMERT. We are pro-people. They are pro-government, pro-
regulation. Let's get back to helping the people, like the 80-year-old
lady who lives outside of Carthage who told me she was born with only a
wooden stove in her home. She may die with it if we don't stop gutting
the energy that we can produce.
Mr. WAXMAN. Mr. Speaker, may I inquire as to how much time we have
remaining?
The SPEAKER pro tempore. The gentleman from California has 25 minutes
remaining. The gentleman from Washington has 22 minutes remaining.
Mr. WAXMAN. Mr. Speaker, I won't take 25 minutes to rebut the
statement that was just made. I yield myself 3 minutes.
I am impressed by the statement we had from a man who is trying to
educate, as he says, the American people in that Republicans worry
about 11 million people not working. I don't know if that number is
right or wrong, but we have got millions of people without jobs today.
It is because the Congress is busy passing, over and over and over
again, bills to benefit the oil companies and the energy industry, and
not to help people get jobs.
Now, they care so much about them, but they won't give them
unemployment compensation. They care so much about them that they want
to take away their food stamps. They care so much about them that they
don't want to allow them to have a minimum living wage. They care so
much about them that they want them to go to the lowest paying jobs
they can possibly find, and if they can't find them, well, it must be
their own fault.
Harry Reid is the majority leader in the Senate. The Senate allows
amendments to any bill--they don't have to be germane--but in the House
of Representatives, no bill or amendment can be offered unless it is
germane or permitted under the rule, and the Rules Committee is
controlled by the Republican leadership in the House.
If we would have been allowed to have voted on an immigration bill
that passed overwhelmingly on a bipartisan basis in the Senate, it
would have passed the House, but we were denied that opportunity. If we
had been allowed to vote on background checks on gun purchases so that
we wouldn't find guns and assault weapons in the hands of the people
who are a danger to their communities because of mental illness, or who
have criminal records where they have already used guns for illegal
purposes, that would have passed. Even a majority of the National Rifle
Association supports that kind of measure.
Let's not be so pious as we educate the American people to say, ``Oh,
in the Senate, they can't even consider these things,'' because, in the
House, we are denied every day an opportunity to talk about many
things. Let me give you another example that is pertinent to this
debate.
The Energy and Commerce Committee has jurisdiction over the issue of
climate change. We have not been able to get a single hearing that
would bring in the scientists to tell us why they are concerned about
climate change, to tell us all the pronouncements from consensus
discussions among scientists internationally and here from the
Institute of Medicine and the National Academy of Sciences and others
as to why they think this is a problem that we have got to deal with.
If you don't even allow the scientists to talk, you are purposely
encouraging your own ignorance and acting upon it.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 3
minutes to the gentleman from Michigan (Mr. Upton), the chairman of the
Energy and Commerce Committee.
Mr. UPTON. Mr. Speaker, it is not often in life that you get a second
chance, but, today, we are here to offer the Senate a second chance, a
second chance to stand up and say ``yes''--``yes'' to these American
energy solutions that, indeed, will help create jobs and lower costs
for American families.
Several of the bills included in today's package were advanced
through our committee, Energy and Commerce, and many were bipartisan
from the very start. It includes a solution to finally build the
Keystone pipeline 6 years after the application went forward.
Here we are 6 years later from when the application was first
submitted. We still don't have a pipeline, and folks are still out of
work. It shouldn't take 6 years to approve a pipeline, and the
President's continued political delays are simply unacceptable. That is
why we are taking action to ensure that this does not happen again. We
have got a solution today to bring certainty to the approval process
for cross-border energy projects so that we don't have to endure
another Keystone-like delay in the future.
As part of the Architecture of Abundance, we are also going to need
to build more interstate natural gas pipelines. Last winter, millions
of customers throughout the country suffered high heating bills, along
with the cold temperatures, due to inadequate infrastructure. Today, we
are voting on a solution to get those much-needed pipelines in the
ground safely and quickly so that we can start delivering relief from
those high energy bills.
We are also working to prevent energy prices from spiking even
further with solutions to stop EPA's destructive new rules on
powerplants and other energy-related rules that will lead only to
higher prices and, yes, to fewer jobs. Everyone is affected by energy
cost increases, but they also hurt the Nation's poor and the most
vulnerable.
One of the easiest and most effective ways to save consumers money is
through energy efficiency, which is why we are also advancing solutions
that encourage the development and use of new efficient and renewable
technologies--very important.
Finally, we have a solution to not only create energy jobs here at
home but also to help our allies across the world by giving them access
to our abundant natural gas supply. Just this morning, a few hours ago,
we heard from the Ukrainian President about the urgent need for the
U.S. to act and help weaken Russia's threat to the region. Every one of
us was on his feet.
He said this:
You support a Nation, meaning the United States, that has
chosen freedom. In Ukraine, you don't have to build a
democracy; it already exists. You need to defend it.
[[Page H7851]]
That is what our LNG export bill does.
Many of America's energy solutions that we are voting on today are
part of the package that received, yes, strong bipartisan support in
the House, but Senate Leader Reid has failed to bring any of them to
the floor for a vote.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HASTINGS of Washington. I yield the chairman an additional 30
seconds.
Mr. UPTON. Creating jobs and keeping energy affordable is a subject
that should rise above partisanship. Today, we are giving the Senate
yet another shot to try to put politics aside and American families
first. We welcome the Senate to join us as we say ``yes'' to American
jobs and ``yes'' to American energy.
Mr. WAXMAN. Mr. Speaker, may I inquire of the chairman how many more
speakers he has?
Mr. HASTINGS of Washington. Mr. Speaker, I will advise the gentleman
that we still have several more. I will advise you when we get down to
that point, but we do have several Members still waiting to speak.
Mr. WAXMAN. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 1
minute to the gentleman from Florida (Mr. Bilirakis).
Mr. BILIRAKIS. Thank you, Mr. Chairman.
Mr. Speaker, I rise today in support of the American Energy Solutions
for Lower Costs and More American Jobs Act. This bill is a substantive
step towards more affordable energy prices and job creation across the
country.
Today's average gas price of $3.28 is well up from the $2.35 per
gallon in 2009. Not only are gas prices up, but so too are the prices
of groceries and the prices for heating and cooling your home.
Among other important measures, this bill would approve the Keystone
pipeline. Friday marks 6 years of delays on Keystone by this
administration. That is too long for a job-creating measure. Domestic
energy production helps middle class Americans with their everyday
costs.
Vote ``yes'' for the middle class. Vote ``yes'' for jobs and more
affordable energy. Vote ``yes'' on this bill.
Mr. WAXMAN. Mr. Speaker, I continue to reserve the balance of my
time.
{time} 1700
Mr. HASTINGS of Washington. Mr. Speaker, I would advise my friend
from California that I am prepared to close if the gentleman is
prepared to close.
Mr. WAXMAN. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from the District of Columbia (Ms. Norton), who ought to be
here rightfully as a full voting Member of the House, in my opinion.
Ms. NORTON. I thank my good friend from California. I can't say
enough about how much this Congress will miss him and how indebted we
are to his outstanding service.
Mr. Speaker, I would like to say some closing words about this
Congress. I have spent most of my time in the Congress in the minority,
with my good friends on the other side in control.
I must say that this is a most unusual 113th Congress. This package
of bills is a shameful way to close this Congress.
Usually, this is a time--as I have seen it under Republican
Congresses--when you make room for must-pass bills, not for never-to-
pass bills or sure to be vetoed bills.
Today certainly was not the time to make up for running through the
113th Congress with neither an agenda, nor legislation to show for it,
perhaps to show that Congress was entitled to be paid for being here
for 2 years.
Instead of some must-pass bills--and I will suggest a few--what we
have heard from my good friends on the other side are some tax and
other giveaway bills that add to the deficit or bills that should be
stamped ``special interest.''
There was legislation before us that, with small changes in law,
could have been passed. Had those bills passed, they never would have
been considered bills of one side or the other.
For instance, the Paycheck Fairness Act simply updates, in quite
small ways, the Equal Pay Act. That is the act that I administered when
I chaired the Equal Employment Opportunity Commission. It is already on
the books. Nobody wants to repeal it.
All the Paycheck Fairness Act would have done was to make small
changes to bring it into the 21st century, and those changes have no
ideological impact.
Or take the Federal Student Loan Refinancing Act. That begged for
passage, to give students faced with debt and no jobs--this cohort of
students who had the bad luck to come out of school in a bad economy--
some relief. That bill surely deserved bipartisan support.
For me, however, the biggest piece of missing legislation is the
reauthorized transportation bill, and I say that because that would
have been the functional equivalent of the JOBS Act of 2014; instead,
we are going to leave here this evening, having given nothing to the
American people to assure them that there will be jobs for the 7 weeks
that we are gone. That is what they most wanted. That is what we have
been given least.
We are on track to beat last year's record. We are on track to become
the least productive Congress in the history of our country. Closing
the Congress with a bunch of never-to-pass bills that nobody envisioned
would be taken up will never make up for the shameful record of the
113th Congress.
Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. WAXMAN. Mr. Speaker, I yield myself the balance of my time.
I thank the gentlewoman from the District of Columbia.
Mr. Speaker, as I understand what the gentlelady has said is that, if
we had passed a transportation bill, that would have provided help for
our infrastructure and provided jobs. We didn't vote for that bill even
once.
The gentlelady also said we should have done a paycheck fairness law.
Well, we didn't have a chance to vote on that. The Speaker of the House
or the majority leader of the House wouldn't allow it to be brought to
the House floor.
So many young people are struggling with student loans, and there
have been proposals to deal with that, yet we were not allowed to even
vote on a bill to deal with the student loan problem.
We haven't tackled the real things that people care about, and, if
they care about what is in this bill today, it has been passed by the
House. Why aren't we moving on and using the time on the House floor
for other worthwhile purposes?
I think that is a question that the American people are going to have
to think about as they go to the polls in another month, but we have
had a 6-week recess. Now, we have been here for 2 whole weeks, and,
now, we are going to take another recess until the election, and then
we will come back for maybe another couple of weeks.
It doesn't mean you have to work too hard in the Congress of the
United States to get nothing done. We are getting nothing done, and the
American people are losing out.
Mr. Speaker, I yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself as much time
as I may consume.
Mr. Speaker, this is a good bill. It has been acknowledged on both
sides of the aisle that this bill is a package of bills that has passed
the Senate. It has been talked about that the Senate hasn't acted on
the individual bills. It has been talked about the Senate hasn't acted
on a lot of bills.
As a matter of fact, the main bill we passed yesterday, the
continuing resolution--which is a terrible way to run the government,
by the way, when you haven't got certainty--was passed largely because
the Senate had not passed one of the 13 House bills out of the Senate.
How do you negotiate when you have that sort of a situation?
Here is a point that has not been made today--and maybe my friends on
the other side of the aisle aren't familiar with what our Founders
envisioned when they created a bicameral legislative body.
In order for our system to work, both Houses have to pass bills. Now,
the American people, in their judgment--
[[Page H7852]]
you know, they made good judgments every 2 years. Sometimes, some of us
don't like what that judgment is--but, in their wisdom, they created
one of the Houses that is controlled by the Democrats, and, in their
wisdom, they created a House that is controlled by Republicans.
Now, just by the very definition of that, clearly, you are going to
have two different views--clearly, you are going to have two different
views. I acknowledge that, and I doubt if anybody on the other side
would dispute that too.
When we talk about sending bills that we think are important from
here over to the Senate--and, by the way, I should add that within this
package of bills were a number of bills that came out of the House
Natural Resources Committee that I have the privilege to chair. Every
one of them, every one of them passed with bipartisan support. That
means there are Democrats that voted for it.
Here is the issue: if the Senate, then, has a different view on these
topics than we do, then fine. Pass a bill. Pass a bill. If there is a
difference between the House version and the Senate version, we have a
means to work that out. It is called going to conference, but the fact
is the Senate hasn't passed anything.
So how do you go to conference? The only way that we find that we
could make our point over and over and over again is to say, ``Okay. We
will send it over.'' Maybe somebody, somebody in the other body will
finally get the message and say, ``Maybe we ought to pass it.''
Finally, I just want to make another point too. I had the privilege
of serving on the Rules Committee for 12 years, and, yes, the Rules
Committee, in a larger body like the House, does set the rules for
debate.
When the Democrats were in the majority, they set the rules for
debate that we criticized. Obviously, they are criticizing us because
we are setting the rules for the debate, but my friend from California
said that the Senate doesn't work that way with rules. They work by
unanimous consent, that anybody can offer an amendment on any bill.
Well, that may be, that may be how the Senate rules work, but, when
it is manipulated by the majority leader, all that goes away. It is a
process that--I admit I don't know a whole lot about the Senate rules--
but it is a process called filling the amendment tree, amendments to be
offered, and the majority leader fills the tree, and nobody has an
amendment.
It has gotten so bad, so bad over there in the last 6 years that the
junior Senator from Alaska, the junior Senator from Alaska who has been
there for 6 years has not had an opportunity to offer one amendment on
the floor, and the junior Senator happens to be a member of the
majority party. You talk about openness. There is no openness that way.
We feel in this body here that the best way to make the case by
debating bills that we think are important for the American people--
jobs bills, energy bills, energy security bills--the best way to do
that is to continue to send the same stuff over to the Senate. Maybe,
maybe--because hope springs eternal, at least from my perspective--they
will take one of these up.
All they have to do, by the way, is take up one of these bills and
change it and send it back over here, and we will negotiate the
difference, but they haven't even done that. You see, that was never
acknowledged during this whole debate of defense of what the Senate has
or has not done, but, as a matter of fact, Mr. Speaker, that is exactly
what has happened, and that is why we are where we are.
Mr. Speaker, this is, once again, a very good bill that deals with
energy and energy security and American jobs. I urge its passage, and I
yield back the balance of my time.
Mr. SANFORD. Mr. Speaker, I would like to support this bill. I
believe in energy independence, as do the people I represent at home,
and accordingly am supportive of opening up these offshore areas--but I
do not think this should occur without the concurrence and input of
coastal states that might be affected were something to go wrong. This
fits with what I have consistently heard from people up and down the
coast.
Not all decisions must be made in Washington, and the idea of a
drilling rig going up just a few miles from our coast without having to
acknowledge any degree of state input to me is the codification of
Washington control. Some may be for a drilling rig these few thousands
of feet from their local beach, others may be against it . . . but in
keeping with the principal of federalism, that decision needs to be
made by those affected--not an unelected government worker in DC.
Toward that end, I introduced a bill, H.R. 3051, the Coastal States
Extension Act of 2013, which would give states the final say on oil and
natural gas leases out to twelve nautical miles from the current three
nautical mile limit. States no longer have a direct economic tie as you
move beyond the line of sight and in this regard, I thought my bill a
reasonable compromise between drill and no drill interests. This would
give states the flexibility to consider what is best for their
economies in terms of the balance between tourism, drilling, fisheries
and other considerations. Texas, for instance, already has control of
oil and natural gas leases out to nine nautical miles and the model
there has worked well. It has not hampered drilling. I testified before
the Rules committee the last time this bill came up, but unfortunately,
this idea was not attached as an amendment to the bill we had before us
and the current bill before us tonight is unamendable. I would have
supported the bill if my proposal had been included and I hope we can
include it in the future.
Toward that end, I look forward to working with the Committee on
Natural Resources to find a way forward on striking a more favorable
balance between states' rights and energy independence.
Mr. SMITH of Texas. Mr. Speaker, today we consider H.R. 2, ``the
American Energy Solutions for Lower Costs and More American Jobs Act.''
I thank the gentleman from Nebraska, Mr. Terry, for his initiative on
this bill.
Title III of this bill includes H.R. 2850, ``the Hydraulic Fracturing
Study Improvement Act'' that was reported out of the Science Committee
last year.
The EPA has been conducting a ``Study of the Potential Impact of
Hydraulic Fracturing on Drinking Water Resources'' since 2010.
Unfortunately, the EPA's track record of sloppy and secret science
and rushed conclusions suggest this study will be yet another attempt
to justify new regulations to derail our shale gas revolution and the
manufacturing renaissance.
The Science Committee language in Title III of this bill addresses a
fundamental flaw in EPA's hydraulic fracturing study design.
Specifically, the current study is focused on a search for possible
problems with hydraulic fracturing instead of identifying what is
likely or probable.
EPA's own Science Advisory Board has repeatedly recommended that the
Agency focus on probabilities and uncertainties in its work.
The Science Committee provision addresses those concerns, and
requires EPA to follow basic, objective scientific processes in
carrying out its study. It also requires peer review of any final or
interim report before its release.
Problems with this study underscore EPA's lack of transparency and
serious flaws in its peer review process. EPA's conclusions are used to
justify billions of dollars in regulations. Science that supports
public regulations should be public, not secret.
The Science Advisory Board was created to provide independent
scientific advice to Congress and the EPA. However, EPA has hijacked
this process.
EPA cherry-picked the reviewers. Among the 22 member Advisory Board
panel that the EPA created to look at EPA's hydraulic fracturing
research, no member had experience in hydraulic fracturing or had an
understanding of current industry practices.
The scientific panel that reviews EPA studies should be balanced and
unbiased. And the data behind EPA regulations should be available for
independent scientific review. These principles cannot be compromised.
I hope to bring H.R. 4012, ``the Secret Science Reform Act,'' and
H.R. 1422, ``the EPA Science Advisory Board Reform Act of 2013,'' to
the floor this fall to address these systemic problems.
The provisions in H.R. 2 are an important first step in ensuring the
EPA adheres to these principles in their report on hydraulic
fracturing.
More comprehensive EPA scientific reform is the next step we must
take in the public's interest. We cannot afford to wait.
I urge my colleagues to support this bill.
Mr. VAN HOLLEN. Mr. Speaker, today we are considering once again a
range of bills to give away public resources to Big Oil, strip
environmental and public health protections, and prioritize drilling
over all other uses, including recreation and conservation, on federal
lands.
Let's look at the facts. Oil and gas production has reached near
historic highs in the United States. Our dependence on foreign oil has
dropped from 57 percent in 2008 to 29 percent today. The provisions in
this bill--which would block the proposed carbon standard to protect
public health, order federal
[[Page H7853]]
agencies to pretend that climate change has no impact on our
communities, and limit oversight on drilling projects on federal
lands--will not improve our energy security. They will endanger our
health and resources.
There is nothing new in today's debate. This package includes the
same old ideas that the Majority has been pushing, without result,
since 2011. Rather than working together for the American people, they
are recycling the same partisan agenda. Our constituents deserve
better. I urge a no vote.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 727, the previous question is ordered on
the bill.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. SCHNEIDER. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. SCHNEIDER. I am opposed in its original form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Schneider moves to recommit the bill H.R. 2 to the
Committee on Natural Resources and the Committee on Energy
and Commerce with instructions to report the same back to the
House forthwith with the following amendment:
Add at the end the following:
DIVISION D--MISCELLANEOUS PROVISIONS
SEC. 1. POLICING EXCESSIVE SPECULATION IN ENERGY MARKETS.
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. REVENUES TO BE MADE AVAILABLE TO THE COMMODITY
FUTURES TRADING COMMISSION.
``(a) Establishment of Treasury Account.--The Secretary of
the Treasury (in this section referred to as the `Secretary')
shall establish an account in the Treasury of the United
States.
``(b) Deposit Into Account of Certain Revenues Generated by
This Act.--The Secretary shall deposit into the account
established under subsection (a) $10,000,000 of the total of
the amounts received by the United States each fiscal year
under leases issued under this Act or any plan, strategy, or
program under this Act.
``(c) Availability and Use of Funds.--
``(1) In general.--Subject to paragraph (2), the amounts in
the account established under subsection (a) shall be made
available to the Commodity Futures Trading Commission to use
its existing authorities to limit excessive speculation in
energy markets.
``(2) Subject to appropriations.--The authority provided in
paragraph (1) may be exercised only to such extent, and with
respect to such amounts, as are provided in advance in
appropriations Acts.''.
SEC. 2. PROTECTING NATIONAL SECURITY.
Any lease issued pursuant to this Act shall specify that
United States oil, petroleum products, and natural gas shall
not be exported to any nation, corporation, or person that--
(1) provides material support to al Qaeda, the Islamic
State of Iraq and the Levant, or other terrorist
organizations;
(2) is a state sponsor of terrorism; or
(3) steals America's military technology or intellectual
property through cyber-attacks such as Russia and China.
SEC. 3. NO EXPEDITED PERMITTING FOR CORPORATIONS THAT RELEASE
TOXIC AIR POLLUTANTS FROM PETROLEUM COKE.
Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C.
226(p)(2)), as amended by section 21111 of division B of this
Act, is further amended by adding at the end the following:
``(F) No expedited permitting for corporations that release
toxic air pollutants from petroleum coke.--Subparagraphs (A),
(B), (C), and (D) shall not apply to any corporation or other
person that owns petroleum coke stored at a petroleum coke
facility, or owns or operates such a facility, that--
``(i) releases toxic air pollutants that harm air quality
or contaminate drinking water; and
``(ii) is located within 5 miles of a school, hospital, or
nursing home.''.
Mr. SCHNEIDER (during the reading). Mr. Speaker, I ask unanimous
consent to dispense with the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
Mr. HASTINGS of Washington. Objection.
The SPEAKER pro tempore. Objection is heard.
The Clerk will read.
The Clerk continued to read.
Mr. HASTINGS of Washington (during the reading). Mr. Speaker, I ask
unanimous consent that the reading be dispensed with.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois is recognized for 5 minutes in support of his motion.
{time} 1715
Mr. SCHNEIDER. Mr. Speaker, this is the final amendment to the bill
which will not kill the bill or send it back to committee. If adopted,
the bill will immediately proceed to final passage, as amended.
Mr. Speaker, I rise in strong opposition to the underlying bill and
to the policy direction that this legislation would take us in.
As I read this legislation, I asked myself a simple question: What in
this bill will improve the everyday lives of my constituents? What will
help make our country and our communities stronger? Unfortunately, the
answer is nothing.
This bill would roll back commonsense safeguards that protect the
communities I represent and the Great Lakes upon which we depend from
harmful pollutants emitted from powerplants.
This bill would reduce the quality of our drinking water and threaten
the safety of the air we breathe. This bill would deny the necessity of
combating climate change through the regulation of greenhouse gases,
even as the communities I represent and the communities around our
country have been ravaged by unprecedented severe weather events that
can only be attributed to the effects of climate change.
This bill does not seek to create a healthier environment for our
children; instead, it sacrifices our ability to pass to future
generations their rightful legacy of a clean, healthy, and dynamic
natural world.
For these and other related reasons, I offer an amendment to this
legislation. This amendment would seek to limit the release of toxic
air pollutants around schools, hospitals, and nursing homes from the
massive storage of petroleum coke in populated areas.
This toxic dust, when improperly stored, can easily become an
airborne pollutant which the EPA has shown to cause severe health
effects to the heart and lungs.
It would ensure that we safeguard our strategic resources by denying
U.S. oil and gas exports from being sold to any country, company, or
individual that supports or harbors terrorist organizations, including
ISIS or al Qaeda. Denying our enemies these critical resources is in
the vital national security interest of the United States.
Finally, this amendment would empower the Commodity Futures Trading
Commission to combat energy speculation which manipulates fuel prices
and distorts markets, harming consumers at the gas pump.
Increasing these efforts will bolster transparency for consumers
while discouraging bad actors from gaming energy markets for financial
gain.
Like many of my colleagues in this Chamber, I want to pursue an
energy policy that utilizes an all-of-the-above strategy, including
renewable energy and innovative technologies to save consumers money at
the pump and lower their home energy costs.
Unfortunately, Mr. Speaker, the underlying legislation does not
achieve this goal and, in fact, would do harmful damage to our
environment and the health of our communities. My amendment would be a
step forward rather than several steps backward in the underlying bill.
Mr. Speaker, I ask my colleagues to support this commonsense
amendment, and I yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I rise in opposition to the
gentleman's amendment.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. HASTINGS of Washington. Mr. Speaker, this is probably my last
opportunity to respond to a Democratic motion to recommit, and I have
heard a whole gamut of them in the time that I have had the privilege
to do that, and I kind of surmise, from reading the motion to recommit,
that he is talking about energy and energy supply.
[[Page H7854]]
Well, Mr. Speaker, that is precisely what the underlying legislation
is all about. My friends on the other side of the aisle talked about
how oil and gas production has gone up in the United States--increased
in the United States--which it has.
But, Mr. Speaker, he left out the important part: it is not because
of this administration, it is in spite of this administration's
actions, because all of that activity is increasing on State and
private lands where they don't have the burdensome regulation from the
Federal Government inhibiting that growth.
However, the focus of this legislation is to do exactly the same
thing which happened on private and State lands on Federal lands
because, if you have a problem with supply, what is the best way to
respond to that? You increase the opportunity for supply.
What does that do to the marketplace? In the long run, it tends to
lower prices. Who benefits? American people, American jobs.
Mr. Speaker, I just simply want to say these motions to recommit have
been procedural motions. They have been political motions over time,
not that that isn't something we deal with on the floor, but, once
again, it is a motion that, I think, is not worthy of passing.
Mr. Speaker, I urge my colleagues to reject--reject--the motion to
recommit and vote for the underlying bill, and I yield back the balance
of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. SCHNEIDER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to the order of the House of today,
further proceedings on this question will be postponed.
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