H.R. 4899 — what changed
Lowering Gasoline Prices to Fuel an America That Works Act of 2014
From Introduced in House to Referred in Senate. 6 sections amended and 4 added between Introduced in House and Referred in Senate.
Sec. 10105 Addition of lease sales after finalization of 5-year plan
addedadded Section 18(d) of the Outer Continental Shelf Lands Act (43 U.S.C.1344(d)) is amended—
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in paragraph (3), by striking “After” and inserting “Except as provided in paragraph (4), after”; and
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by adding at the end the following:
added “(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.”
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—
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required by section 10402 to be carried out through the 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—
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required by section 10402 to be carried out through the Bureau of Ocean Energy; or
required by section 10403 to be carried out through the Ocean Energy Safety Service.
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.
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Reports— Reports of the Board shall be submitted by the Board to the Committee on Natural Resources of the House of or Representatives and the Committee on Energy and Natural Resources of the Senate and made available to the public in electronically accessible form.
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Travel expenses— Members of the Board, other than full-time employees of the Federal Government, while attending meetings 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. 10603 South Atlantic Outer Continental Shelf Planning Area defined
addedadded 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
addedadded Section 11 of the Outer Continental Shelf lands Act (43 U.S.C. 1340) is amended by adding at the end the following:
added “(i) Enhancing Geological and Geophysical Information for America’s Energy Future
added “(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.
added “(2)
added “(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—
added “(i) one institution of higher education located within the Governor’s State; and
added “(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)).
added “(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.
added “(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).
added “(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.
added “(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.
added “(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.
added “(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.”
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.
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“(F) Not later than 60 days after After the conclusion of the public comment period for a planned competitive lease sale held under this Act, sale, the Secretary shall adjudicate not cancel, defer, or withdraw 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 parcel announced to be auctioned in the protestor begin.lease sale.
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“(G) No additional lease stipulations may be added Not later than 60 days after a lease sale held under this Act, the parcel Secretary shall adjudicate any lease protests filed following a lease sale. If after 60 days any protest is sold without consultation left unsettled, said protest is automatically denied and agreement of the lessee, unless the Secretary deems such stipulations as emergency actions to conserve the resources appeal rights of the United States.”protestor begin.
added “(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. 21302 Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision
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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), 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. 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
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provides 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. 30101 Establishment of Office of Energy Employment and Training
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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.
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Director—
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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.
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Duties— The Deputy Assistant Secretary for Energy Employment and Training shall perform the following functions:
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Develop and implement systems to track the Department’s hiring of trained skilled workers in the energy permitting and inspection agencies.
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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—
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recruiting at historically black colleges and universities, Hispanic-serving institutions, women’s colleges, and colleges that typically serve majority minority populations;
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sponsoring and recruiting at job fairs in urban communities;
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placing employment advertisements in newspapers and magazines oriented toward minorities, veterans, and women;
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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;
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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;
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coordinating with the Department of Veterans Affairs and the Department of Defense in the hiring of veterans; and
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any other mass media communications that the Deputy Assistant Secretary determines necessary to advertise, promote, or educate about opportunities at the Department.
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Develop standards for—
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equal employment opportunity and the racial, ethnic, and gender diversity of the workforce and senior management of the Department; and
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increased participation of minority-owned, veteran-owned, and women-owned businesses in the programs and contracts with the Department.
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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.
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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—
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a statement of the total amounts paid by the Department to minority contractors;
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the successes achieved and challenges faced by the Department in operating minority, veteran or service-disabled veteran, and women outreach programs;
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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
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any other information, findings, conclusions, and recommendations for legislative or Department action, as the Director determines appropriate.
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Definitions— For purposes of this section, the following definitions shall apply:
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Minority— The term “minority” means United States citizens who are Asian Indian American, Asian Pacific American, Black American, Hispanic American, or Native American.
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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:
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Asian Indian American, which is a United States citizen whose origins are from India, Pakistan, or Bangladesh.
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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.
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Black American, which is a United States citizen having origins in any of the Black racial groups of Africa.
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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.
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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.
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NMSDC— The term “NMSDC” means the National Minority Supplier Development Council.
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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—
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the contribution of capital or expertise by the woman business owner is real and substantial and in proportion to the interest owned;
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the woman business owner directs or causes the direction of management, policy, fiscal, and operational matters; and
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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.
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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.
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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.