Title II — Onshore Federal Lands and Energy Security
II Onshore Federal Lands and Energy Security
A Federal Lands Jobs and Energy Security
Sec. 21002 Policies regarding buying, building, and working for America
1 Onshore oil and gas permit streamlining
Sec. 21101 Short title
A Application for Permits to Drill Process Reform
Sec. 21111 Permit to drill application timeline
“(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
“(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
Sec. 21132 Administration of current law
D Judicial Review
Sec. 21141 Definitions
Sec. 21142 Exclusive venue for certain civil actions relating to covered energy projects
Sec. 21143 Timely filing
Sec. 21144 Expedition in hearing and determining the action
Sec. 21145 Standard of review
Sec. 21146 Limitation on injunction and prospective relief
Sec. 21147 Limitation on attorneys’ fees
Sec. 21148 Legal standing
E Knowing America’s Oil and Gas Resources
Sec. 21151 Funding oil and gas resource assessments
2 Oil and gas leasing certainty
Sec. 21201 Short title
Sec. 21202 Minimum acreage requirement for onshore lease sales
Sec. 21203 Leasing certainty
“(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
Sec. 21205 Reduce redundant policies
Sec. 21206 Streamlined congressional notification
3 Oil shale
Sec. 21301 Short title
Sec. 21302 Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision
Sec. 21303 Oil shale leasing
4 Miscellaneous provisions
Sec. 21401 Rule of construction
B Planning for American Energy
Sec. 22001 Short title
Sec. 22002 Onshore domestic energy production strategic plan
“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.”
C National Petroleum Reserve in Alaska access
Sec. 23001 Short title
Sec. 23002 Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska
Sec. 23003 National Petroleum Reserve in Alaska: lease sales
“(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
Sec. 23005 Issuance of a new integrated activity plan and environmental impact statement
Sec. 23006 Departmental accountability for development
Sec. 23007 Deadlines under new proposed integrated activity plan
Sec. 23008 Updated resource assessment
D BLM Live Internet Auctions
Sec. 24001 Short title
Sec. 24002 Internet-based onshore oil and gas lease sales
“(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.”