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.
Division B — Natural Resources Committee
B Natural Resources Committee
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:
By striking “ten cubic feet” the first place it appears and inserting “17 cubic feet”.
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”.
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:
“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.
“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
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.).
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)).
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—
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;
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;
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
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.
Limitation— Except as otherwise provided in subsections (a) and (c), nothing in this section shall be construed to—
modify contractual rights that may exist between the district and the United States under the district’s Reclamation contracts;
amend or reopen the contracts referred to in paragraph (1); or
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.
Section 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
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 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).”
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.
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:
“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
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—
State and Federal revenue generated as a result of shale gas production;
jobs created both directly and indirectly as a result of shale oil and gas production; and
an estimate of potential energy prices without domestic shale oil and gas production.
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.
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
In general— The Secretary of the Interior shall—
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
by not later than July 15, 2016, approve a final oil and gas leasing program under such section for such period.
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.
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—
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.);
Executive Order No. 13622 (July 30, 2012), Executive Order No. 13628 (October 9, 2012), or Executive Order No. 13645 (June 3, 2013);
Executive Order No. 13224 (September 23, 2001) or Executive Order No. 13338 (May 11, 2004); or
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—
in paragraph (3), by striking “After” and inserting “Except as provided in paragraph (4), after”; and
by adding at the end the following:
“(4) The Secretary may add to the areas included in an approved leasing program additional areas to be made available for leasing under the program, if all review and documents required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) have been completed with respect to leasing of each such additional area within the 5-year period preceding such addition.”
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
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.
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.
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:
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.
Allowing effective exploration, development, and production of our Nation’s oil, gas, and renewable energy resources.
Definitions— In this section:
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).
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 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
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
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.
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
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.
Actions To be considered— Notwithstanding section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), in such statement—
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
the Secretary shall only—
identify a preferred action for leasing and not more than one alternative leasing proposal; and
analyze the environmental effects and potential mitigation measures for such preferred action and such alternative leasing proposal.
Sec. 10205 National defense
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)).
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).
C Equitable Sharing of Outer Continental Shelf Revenues
Sec. 10301 Disposition of Outer Continental Shelf revenues to coastal States
in the existing text—
in the first sentence, by striking “All rentals,” and inserting the following:
“(c) Disposition of revenue under old leases—All rentals,”
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”;
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.”
by inserting before subsection (c) (as so designated) the following:
“(a) Payment of new leasing revenues to coastal States
“(1) In general—Except as provided in paragraph (2), of the amount of new leasing revenues received by the United States each fiscal year, 37.5 percent shall be allocated and paid in accordance with subsection (b) to coastal States that are affected States with respect to the leases under which those revenues are received by the United States.
“(2) Phase-in
“(A) In general—Except as provided in subparagraph (B), paragraph (1) shall be applied—
“(i) with respect to new leasing revenues under leases awarded under the first leasing program under section 18(a) that takes effect after the date of enactment of the Lowering Gasoline Prices to Fuel an America That Works Act of 2014, by substituting “12.5 percent” for “37.5 percent”; and
“(ii) with respect to new leasing revenues under leases awarded under the second leasing program under section 18(a) that takes effect after the date of enactment of the Lowering Gasoline Prices to Fuel an America That Works Act of 2014, by substituting “25 percent” for “37.5 percent”.
“(B) Exempted lease sales—This paragraph shall not apply with respect to any lease issued under subtitle B of the Lowering Gasoline Prices to Fuel an America That Works Act of 2014.
“(b) Allocation of payments
“(1) In general—The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to coastal States in accordance with this subsection each fiscal year shall be allocated among and paid to coastal States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary.
“(2) Minimum and maximum allocation—The amount allocated to a coastal State under paragraph (1) each fiscal year with respect to a leased tract shall be—
“(A) in the case of a coastal State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract;
“(B) in the case of any other coastal State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract; and
“(C) in the case of a coastal State that is the only coastal State within 200 miles of a leased tract, 100 percent of the total amounts allocated with respect to the leased tract.
“(3) Administration—Amounts allocated to a coastal State under this subsection—
“(A) shall be available to the coastal State without further appropriation;
“(B) shall remain available until expended;
“(C) shall be in addition to any other amounts available to the coastal State under this Act; and
“(D) shall be distributed in the fiscal year following receipt.
“(4) Use of funds
“(A) In general—Except as provided in subparagraph (B), a coastal State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State.
“(B) Restriction on use for matching—Funds allocated and paid to a coastal State under this subsection may not be used as matching funds for any other Federal program.”
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.
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—
an Under Secretary for Energy, Lands, and Minerals, who shall—
be appointed by the President, by and with the advise and consent of the Senate;
report to the Secretary of the Interior or, if directed by the Secretary, to the Deputy Secretary of the Interior;
be paid at the rate payable for level III of the Executive Schedule; and
be responsible for—
the safe and responsible development of our energy and mineral resources on Federal lands in appropriate accordance with United States energy demands; and
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.));
an Assistant Secretary of Ocean Energy and Safety, who shall—
be appointed by the President, by and with the advise and consent of the Senate;
report to the Under Secretary for Energy, Lands, and Minerals;
be paid at the rate payable for level IV of the Executive Schedule; and
be responsible for ensuring safe and efficient development of energy and minerals on the Outer Continental Shelf of the United States; and
an Assistant Secretary of Land and Minerals Management, who shall—
be appointed by the President, by and with the advise and consent of the Senate;
report to the Under Secretary for Energy, Lands, and Minerals;
be paid at the rate payable for level IV of the Executive Schedule; and
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
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—
be headed by a Director of Ocean Energy (referred to in this section as the “Director”); and
be administered under the direction of the Assistant Secretary of Ocean Energy and Safety.
Director—
Appointment— The Director shall be appointed by the Secretary of the Interior.
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.
Duties—
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.
Specific authorities— The Director shall promulgate and implement regulations—
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;
relating to resource identification, access, evaluation, and utilization;
for development of leasing plans, lease sales, and issuance of leases for such resources; and
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.
Limitation— The Secretary shall not carry out through the Bureau any function, power, or duty that is—
required by section 10403 to be carried out through the Ocean Energy Safety Service; or
required by section 10404 to be carried out through the Office of Natural Resources Revenue.
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
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—
be headed by a Director of Energy Safety (referred to in this section as the “Director”); and
be administered under the direction of the Assistant Secretary of Ocean Energy and Safety.
Director—
Appointment— The Director shall be appointed by the Secretary of the Interior.
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.
Duties—
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.
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—
exploration, development, production, and ongoing inspections of infrastructure;
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));
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));
compelling compliance with applicable Federal laws and regulations relating to worker safety and other matters;
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;
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;
implementing the Offshore Technology Research and Risk Assessment Program under section 21 of the Outer Continental Shelf Lands Act (43 U.S.C. 1347);
summoning witnesses and directing the production of evidence;
levying fines and penalties and disqualifying operators;
carrying out any safety, response, and removal preparedness functions; and
the processing of permits, exploration plans, development plans.
Employees—
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.
Qualifications— The qualification requirements referred to in paragraph (1)—
shall be determined by the Secretary, subject to subparagraph (B); and
shall include—
3 years of practical experience in oil and gas exploration, development, or production; or
a degree in an appropriate field of engineering from an accredited institution of higher learning.
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.
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).
Language requirements— Individuals hired as inspectors must be able to read, speak, and write English well enough to—
carry out written and oral instructions regarding the proper performance of inspection duties; and
write inspection reports and statements and log entries in the English language.
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.
Annual proficiency review—
Annual proficiency review— The Director shall provide that an annual evaluation of each individual assigned inspection duties is conducted and documented.
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—
continues to meet all qualifications and standards;
has a satisfactory record of performance and attention to duty based on the standards and requirements in the inspection program; and
demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform inspection functions.
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.
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.
Training Academy—
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.
Functions of Academy— The Secretary, through the Academy, shall be responsible for—
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;
the training of technical support personnel of the Bureau;
any other training programs for offshore oil and gas inspectors, Bureau personnel, Department personnel, or other persons as the Secretary shall designate; and
certification of the successful completion of training programs for newly hired and experienced offshore oil and gas inspectors.
Cooperative agreements—
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.
Training requirement— Such training shall be conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the Secretary.
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.
Additional training programs—
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—
to enable persons to qualify for positions in the administration of this title; and
to provide for the continuing education of inspectors or other appropriate Department of the Interior personnel.
Financial and technical assistance— The Secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph.
Limitation— The Secretary shall not carry out through the Service any function, power, or duty that is—
required by section 10402 to be carried out through Bureau of Ocean Energy; or
required by section 10404 to be carried out through the Office of Natural Resources Revenue.
Sec. 10404 Office of Natural Resources revenue
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”).
Appointment and compensation—
In general— The Director shall be appointed by the Secretary of the Interior.
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.
Duties—
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.
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.
Limitation— The Secretary shall not carry out through the Office any function, power, or duty that is—
required by section 10402 to be carried out through Bureau of Ocean Energy; or
required by section 10403 to be carried out through the Ocean Energy Safety Service.
Sec. 10405 Ethics and drug testing
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).
Drug Testing— The Secretary shall conduct a random drug testing program of all Department of the Interior personnel referred to in subsection (a).
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
Abolishment— The Minerals Management Service is abolished.
Completed administrative actions—
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.
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.
Pending Proceedings— Subject to the authority of the Secretary of the Interior and the officers of the Department of the Interior under this title—
pending proceedings in the Minerals Management Service, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue, notwithstanding the enactment of this Act or the vesting of functions of the Service in another agency, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance or modification could have occurred if this title had not been enacted; and
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.
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.
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
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:
Assistant Secretaries— Section 5315 of title 5, United States Code, is amended by striking “Assistant Secretaries of the Interior (6).” and inserting the following:
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:
Sec. 10408 Outer Continental Shelf Energy Safety Advisory Board
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”)—
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
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.
Membership—
Size— The Board shall consist of not more than 11 members, who—
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
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.
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.
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.
Balance— In appointing members to the Board, the Secretary shall ensure a balanced representation of industry and research interests.
Chair— The Secretary shall appoint the Chair for the Board from among its members.
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.
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—
assesses offshore oil and gas well control technologies, practices, voluntary standards, and regulations in the United States and elsewhere; and
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.
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.
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.
“(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
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.
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.
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—
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”;
in paragraph (p), by striking “and” after the semicolon at the end;
in paragraph (q), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(r) The term “State” includes each territory of the United States.”
F Miscellaneous Provisions
Sec. 10601 Rules regarding distribution of revenues under Gulf of Mexico Energy Security Act of 2006
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).
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.”
G Judicial Review
Sec. 10701 Time for filing complaint
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.
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
In general— All proceedings that are subject to section 10701—
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;
shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause or claim is filed; and
shall take precedence over all other pending matters before the district court.
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
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.
Limitation on prospective relief— In any judicial review of any action, or failure to act, under this subtitle, the Court shall not grant or approve any prospective relief unless the Court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation concerned.
Sec. 10705 Legal fees
Any person filing a petition seeking judicial review of any action, or failure to act, under this subtitle who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust.
Sec. 10706 Exclusion
This subtitle shall not apply with respect to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof.
Sec. 10707 Definitions
In this subtitle, the following definitions apply:
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.
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.
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:
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—
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—
the Environmental Protection Agency’s Peer Review Handbook 3rd Edition;
the Environmental Protection Agency’s Scientific Integrity Policy, as in effect on the date of enactment of this Act; and
the Office of Management and Budget’s Peer Review Bulletin, as in effect on the date of enactment of this Act; and
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).
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.
Release of final report— The final report shall be publicly released by September 30, 2016.
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
Congressional intent— It is the intent of the Congress that—
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;
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
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.
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.
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”.
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.”
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.”
C Permit Streamlining
Sec. 21131 Making pilot offices permanent to improve energy permitting on Federal lands
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.
Memorandum of understanding—
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—
the Secretary of Agriculture;
the Administrator of the Environmental Protection Agency; and
the Chief of the Army Corps of Engineers.
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.
Designation of qualified staff—
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—
the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536);
permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344);
regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.);
planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and
the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Duties— Each employee assigned under paragraph (1) shall—
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;
be responsible for all issues relating to the energy projects that arise under the authorities of the employee’s home agency; and
participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal lands.
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.).
Funding— Funding for the additional personnel shall come from the Department of the Interior reforms identified in sections 21111 and 21121.
Savings provision— Nothing in this section affects—
the operation of any Federal or State law; or
any delegation of authority made by the head of a Federal agency whose employees are participating in the Project.
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).
D Judicial Review
Sec. 21141 Definitions
In this subchapter—
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
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.
E Knowing America’s Oil and Gas Resources
Sec. 21151 Funding oil and gas resource assessments
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.
Cost sharing— The Federal share of the cost of activities under this section shall not exceed 50 percent.
Resource assessment— Any resource assessment under this section shall be conducted by a State, in consultation with the United States Geological Survey.
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.
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:
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.
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”.
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
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.
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
Additional research and development lease sales— The Secretary of the Interior shall hold a lease sale within 180 days after the date of enactment of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 10).
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.
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—
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.);
Executive Order No. 13622 (July 30, 2012), Executive Order No. 13628 (October 9, 2012), or Executive Order No. 13645 (June 3, 2013);
Executive Order No. 13224 (September 23, 2001) or Executive Order No. 13338 (May 11, 2004); or
the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (22 U.S.C. 2151 note).
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
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:
“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.”
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).
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—
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
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
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—
develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and
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.
Timeline— The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline:
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.
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.
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
Issuance of new integrated activity plan— The Secretary of the Interior shall, within 180 days after the date of enactment of this Act, issue—
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
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.
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—
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
establish a timeline for the processing of each such application, that—
specifies deadlines for decisions and actions on permit applications; and
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
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.
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.
Timing— The resource assessment required by subsection (a) shall be completed within 24 months of the date of the enactment of this Act.
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.
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
in subparagraph (A), in the third sentence, by inserting “, except as provided in subparagraph (C)” after “by oral bidding”; and
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.”
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—
estimates on increases or decreases in such lease sales, compared to sales conducted by oral bidding, in—
the number of bidders;
the average amount of bid;
the highest amount bid; and
the lowest bid;
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
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.
E Native American Energy
Sec. 25001 Short title
This subtitle may be cited as the “Native American Energy Act”.
Sec. 25002 Appraisals
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:
“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 use for approving or disapproving an appraisal.”
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. 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
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.
District court venue and deadline— All energy related actions—
shall be brought in the United States District Court for the District of Columbia; and
shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause of action is filed.
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.
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.
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.
Definitions— For the purposes of this section, the following definitions apply:
Agency action— The term “agency action” has the same meaning given such term in section 551 of title 5, United States Code.
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).
Energy related action— The term “energy related action” means a cause of action that—
is filed on or after the effective date of this Act; and
seeks judicial review of a final agency action to issue a permit, license, or other form of agency permission allowing:
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
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.
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:
“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 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—
by striking “, except a lease for” and inserting “, including leases for”;
in subparagraph (A), by striking “25” the first place it appears and all that follows and inserting “99 years;”;
in subparagraph (B), by striking the period and inserting “; and”; and
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.
III Miscellaneous provisions
Sec. 30101 Establishment of Office of Energy Employment and Training
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.
Director—
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.
Duties— The Deputy Assistant Secretary for Energy Employment and Training shall perform the following functions:
Develop and implement systems to track the Department’s hiring of trained skilled workers in the energy permitting and inspection agencies.
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—
recruiting at historically black colleges and universities, Hispanic-serving institutions, women’s colleges, and colleges that typically serve majority minority populations;
sponsoring and recruiting at job fairs in urban communities;
placing employment advertisements in newspapers and magazines oriented toward minorities, veterans, and women;
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;
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;
coordinating with the Department of Veterans Affairs and the Department of Defense in the hiring of veterans; and
any other mass media communications that the Deputy Assistant Secretary determines necessary to advertise, promote, or educate about opportunities at the Department.
Develop standards for—
equal employment opportunity and the racial, ethnic, and gender diversity of the workforce and senior management of the Department; and
increased participation of minority-owned, veteran-owned, and women-owned businesses in the programs and contracts with the Department.
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.
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—
a statement of the total amounts paid by the Department to minority contractors;
the successes achieved and challenges faced by the Department in operating minority, veteran or service-disabled veteran, and women outreach programs;
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
any other information, findings, conclusions, and recommendations for legislative or Department action, as the Director determines appropriate.
Definitions— For purposes of this section, the following definitions shall apply:
Minority— The term “minority” means United States citizens who are Asian Indian American, Asian Pacific American, Black American, Hispanic American, or Native American.
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:
Asian Indian American, which is a United States citizen whose origins are from India, Pakistan, or Bangladesh.
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.
Black American, which is a United States citizen having origins in any of the Black racial groups of Africa.
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.
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.
NMSDC— The term “NMSDC” means the National Minority Supplier Development Council.
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—
the contribution of capital or expertise by the woman business owner is real and substantial and in proportion to the interest owned;
the woman business owner directs or causes the direction of management, policy, fiscal, and operational matters; and
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.
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.
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.
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.