H.R.4480 - Domestic Energy and Jobs Act112th Congress (2011-2012)
Summary: H.R.4480 — 112th Congress (2011-2012)
Passed House amended (06/21/2012)
Domestic Energy and Jobs Act - Title I: Increasing Domestic Oil and Gas Exploration, Development, and Production in Response to Strategic Petroleum Reserve Drawdowns - Strategic Energy Production Act of 2012 - (Sec. 102) Amends the Energy Policy and Conservation Act to direct the Secretary of Energy (DOE) to develop a plan to increase the percentage of federal lands leased for oil and gas exploration, development, and production under the jurisdiction of the Secretaries of Agriculture (USDA), of Energy, of the Interior, and of Defense (DOD) (Secretaries), including submerged lands of the Outer Continental Shelf (OCS).
Requires the percentage of the total amount of such federal lands to be the same as the percentage of petroleum in the Strategic Petroleum Reserve (SPR) that was drawn down.
Prohibits the plan from providing more than 10% of such federal lands for oil and gas exploration, development, and production leasing.
Directs the Secretary of Energy to: (1) base the determination of present and future national energy needs upon information from the Energy Information Administration; and (2) consult with the Secretaries and the American Association of Petroleum Geologists and other state, environmentalist, and oil and gas industry stakeholders when developing the plan to determine the most geologically promising lands for production of oil and natural gas liquids.
Prohibits such plan from taking effect without the concurrence of each of the Secretaries with respect to elements of the plan within their respective jurisdictions.
Requires federal agency compliance with any requirements established by the Secretary of Energy pursuant to the plan; but prohibits any action that in the view of the Secretary of Defense (DOD) would adversely affect national security or military activities, including preparedness and training.
Excludes lands managed under either the National Park System or the National Wilderness Preservation System from federal lands designated for increased oil and gas production.
Prohibits this title from being construed to limit or affect the application of existing restrictions on offshore drilling or requirements for land management under federal, state, or local law.
Title II: Impacts of EPA Rules and Actions on Energy Prices - Gasoline Regulations Act of 2012 - (Sec. 202) Requires the President to establish the Transportation Fuels Regulatory Committee to analyze and report, for each of 2016 and 2020, on the cumulative impacts of certain covered rules and actions under the Clean Air Act, including the impacts on gasoline, diesel fuel, and natural gas prices, operating costs, consumers, regional economies, U.S. competitiveness, small businesses, employment, labor markets, public health, and state, local, and tribal governments.
Directs such Committee to consult with the National Energy Technology Laboratory when implementing this Act.
(Sec. 203) Designates as "covered rules": (1) the rule entitled "Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards"; (2) any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard for new stationary sources or hazardous air pollutants that is applicable to petroleum refineries; (3) any rule proposed after March 15, 2012, for implementation of the Renewable Fuel Program under the Clean Air Act; (4) the rules entitled "National Ambient Air Quality Standards for Ozone" and "Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards" and any subsequent rule revising or supplementing the national ambient air quality standards for ozone; and (5) any successor or substantially similar rules.
Defines a "covered action" as any action affecting facilities involved in the production, transportation, or distribution of gasoline, diesel fuel, or natural gas taken on or after January 1, 2009, by the Environmental Protection Agency (EPA), a state or local government, or a permitting agency as a result of the application of provisions of the Clean Air Act relating to operating permits or the prevention of significant deterioration of air quality to an air pollutant that is identified as a greenhouse gas in the rule entitled "Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act."
(Sec. 205) Prohibits the Administrator from finalizing the following rules until at least six months after the Committee submits its final report: (1) "Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards" and any successor or substantially similar rule; (2) any rule proposed after March 15, 2012, establishing or revising a performance or emission standard for new stationary sources or hazardous air pollutants that is applicable to petroleum refineries; and (3) any rule revising or supplementing the national ambient air quality standards for ozone under the Clean Air Act.
(Sec. 206) Requires the Administrator to consider feasibility and cost in revising or supplementing any such standards for ozone.
(Sec. 207) Amends the Clean Air Act concerning offending fuels and fuel additives to authorize the Administrator to waive temporarily a mandatory control or prohibition governing the use of a fuel or fuel additive if the Administrator determines that unusual or extreme supply circumstances result from an unforeseeable problem with distribution or delivery equipment necessary for the transportation or delivery of fuel or fuel additives. Allows the Administrator to extend the effectiveness of such a waiver for more than 20 days if the conditions supporting the waiver determination will exist for more than 20 days.
Deems a request for such waiver approved if the Administrator neither approves nor denies it within three days after receipt.
Amends the Energy Policy Act of 2005 to: (1) include in a mandatory EPA study of federal, state, and local requirements for motor vehicle fuels both biofuels and the effect of such requirements on achievement of the renewable fuel standard, and (2) extend from 2008 to 2014 the deadline for the report to Congress on such study.
Title III: Quadrennial Strategic Federal Onshore Energy Production Strategy - Planning for American Energy Act of 2012 - (Sec. 302) Amends the Mineral Leasing Act to direct the Secretary of the Interior (Secretary in this title) and the Secretary of Agriculture (USDA) to publish every four years a Quadrennial Federal Onshore Energy Production Strategy to direct federal land energy development and department resource allocation in order to promote the energy security of the United States.
Instructs the Secretary to consult with the Administrator of the Energy Information Administration on the projected energy demands of the United States for the next 30 years and on how energy derived from federal onshore lands can put the United States on a trajectory that meets such demand during the next 4 years, with a goal for increasing energy independence and production.
Requires the Secretary to determine a domestic strategic production objective for the development of energy resources from such lands.
Expresses the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy.
Grants the relevant Secretary all necessary authority to make determinations regarding which additional federal lands available for leasing at the time the lease sale occurs will be available to meet the production objectives established by the strategies. Directs the Secretary to take all actions necessary to achieve such objectives unless the President determines that it is not in U.S. national security and economic interests to increase federal domestic energy production and to further decrease dependence upon foreign energy sources.
Requires the Secretary, within 12 months of enactment of this Act, to complete a programmatic environmental impact statement in accordance with certain requirements under NEPA. Deems such statement sufficient to be in compliance with NEPA requirements for all necessary resource management and land use plans associated with implementation of the Strategy.
Requires the Secretary to submit:(1) each proposed strategy to the President and to Congress prior to publication, including comments received from affected states, local governments and federally recognized tribes; and (2) the first strategy to Congress within 18 months of enactment.
Title IV: Onshore Oil and Gas Leasing Certainty - Providing Leasing Certainty for American Energy Act of 2012 - (Sec. 402) Directs the Secretary, in conducting lease sales under the Mineral Leasing Act, to offer for sale at least 25% of the annual nominated acreage not previously made available for lease.
Shields such acreage from protest and the test of extraordinary circumstances. Makes it eligible for certain categorical exclusions under the Energy Policy Act of 2005 in connection with review under NEPA.
(A categorical exclusion [CE or CX] is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which, as a consequence, neither an environmental assessment [EA] nor an environmental impact statement [EIS] is required. If a proposed action is included in the description provided for a listed CE established by an agency, the agency must check to make sure that no extraordinary circumstances exist that may cause the proposed action to have a significant effect in a particular situation. Extraordinary circumstances typically include such matters as effects to endangered species, protected cultural sites, and wetlands. If the proposed action is not included in the description in the agency's CE, or there are extraordinary circumstances, the agency must prepare an EA or an EIS, or develop a new proposal that may qualify for application of a CE.)
Directs the Secretary to consider leasing only federal lands that are available for leasing at the time the lease sale occurs.
(Sec. 403) Amends the Mineral Leasing Act to prohibit the Secretary from: (1) withdrawing any covered energy project issued under that Act without finding a violation by the lessee of lease terms; (2) delaying indefinitely issuance of project approvals, drilling and seismic permits, and rights of way for activities under a lease; and (3) cancelling or withdrawing any lease parcel after a competitive lease sale has occurred and a winning bidder has made the last payment for the parcel.
Instructs the Secretary to: (1) make nominated areas available for lease within 18 months after an area is designated as open under a current land use plan, (2) issue all leases sold no later than 60 days after the last payment is made, and (3) adjudicate any lease protests filed following a lease sale.
Prohibits additional lease stipulations after the parcel is sold without consultation and agreement of the lessee, unless the Secretary deems such stipulations emergency actions to conserve national resources.
(Sec. 404) Requires federal land managers to 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. 405) Declares without force or effect Bureau of Land Management Instruction Memorandum 2010-117.
Title V: Streamlined Energy Permitting - Streamlining Permitting of American Energy Act of 2012 - Subtitle A: Application for Permits to Drill Process Reform - (Sec. 511) Amends the Mineral Leasing Act to revise requirements for the issuance of permits to drill in energy projects on federal lands.
Authorizes the Secretary to extend the initial 30-day permit application review period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant.
Deems a permit application approved if the Secretary has made no decision on it 60 days after its receipt. Prescribes a notice requirement for denial of an application.
Directs the Secretary to collect a single $6,500 permit processing fee per application from each applicant at the time the decision is made whether or not to issue a permit.
Requires that 50% of fees collected as annual wind energy and solar energy right-of-way authorization fees be retained by the Secretary for use by: (1) the Bureau of Land Management (BLM) to process permits, right-of-way applications, and other activities necessary for renewable energy development, and (2) either the U.S. Fish and Wildlife Service or other federal agencies involved in wind and solar permitting reviews in order to facilitate the processing of wind energy and solar energy permit applications on BLM lands.
Subtitle B: Administrative Protest Documentation Reform - (Sec. 521) Requires the Secretary to collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill.
Subtitle C: Permit Streamlining - (Sec. 531) Requires the Secretary to: (1) establish a Federal Permit Streamlining Project in every BLM Field office with responsibility for permitting energy projects on federal land, and (2) enter into a related memorandum of understanding with the Secretary of Agriculture, the EPA Administrator, and the Chief of the Army Corps of Engineers.
Authorizes the Secretary to request that the governor of any state with energy projects on federal lands be a signatory to the memorandum of understanding.
Requires federal signatories to such memorandum to assign staff with special expertise to such field offices.
(Sec. 532) States that, with respect to review under NEPA, the Secretary shall not require a finding of extraordinary circumstances related to a categorical exclusion in administering the Energy Policy Act of 2005.
(Sec. 533) Expresses the intent of Congress that: (1) this title will support a growing U.S. domestic energy sector that helps to reinvigorate American manufacturing, transportation, and service sectors by employing U.S. workers to assist in the development of energy from domestic sources; and (2) Congress will monitor deployment of personnel and material onshore to encourage development of American technology and manufacturing and to establish industrial facilities to support expanded access to American energy resources.
Directs the Secretary to encourage, when practicable, the use of U.S. workers, including equipment manufactured in the United States, in all construction related to mineral resource development under this Act.
Subtitle D: Judicial Review - (Sec. 542) States that venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed.
Prescribes procedures for judicial review regarding the leasing of federal lands for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other energy source of energy.
Title VI: Expeditious Program of Oil and Gas Leasing in the National Petroleum Reserve in Alaska - National Petroleum Reserve Alaska Access Act - (Sec. 602) Expresses the sense of Congress that: (1) the National Petroleum Reserve (NPR) in Alaska remains explicitly designated to provide oil and natural gas resources to the United States, and (2) it is national policy to actively advance oil and gas development within the NPR.
(Sec. 603) Amends the Naval Petroleum Reserves Production Act of 1976 to require that the mandatory program of competitive leasing of oil and gas in the NPR include at least one lease sale annually in those NPR areas most likely to produce commercial quantities of oil and natural gas each year during 2011-2021.
(Sec. 604) Directs the Secretary to ensure, according to a specified timeline, permits for all surface development activities (including pipelines and roads construction) in order to: (1) develop and bring into production areas within the NPR that are subject to oil and gas leases; and (2) transport oil and gas from and through the NPR to existing transportation or processing infrastructure on the North Slope of Alaska.
(Sec. 605) Directs the Secretary to: (1) issue regulations establishing clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the NPR, and (2) approve, within 180 days after enactment of this Act, and after public comment and consultation with the state of Alaska, right-of-way corridors for the construction of two separate additional bridges and pipeline rights-of-way to facilitate oil and gas development in the NPR.
(Sec. 606) Requires the Secretary to assess all technically recoverable fossil fuel resources within the NPR, including conventional and unconventional oil and natural gas.
Requires such resource assessment to be implemented by the U.S. Geological Survey, which is authorized to use resources and funds provided by the State of Alaska.
(Sec. 607) Declares without force or effect the EPA designation of the Colville River Delta as an Aquatic Resource of National Importance.
Title VII: Internet-Based Onshore Oil and Gas Lease Sales - BLM Live Internet Auctions Act - (Sec. 702) Amends the Mineral Leasing Act to authorize the Secretary of the Interior to conduct onshore oil and gas lease sales through Internet-based bidding methods. Requires each individual Internet-based lease sale to be concluded within seven days.
Directs the Secretary to analyze and report on the first 10 such lease sales, including estimates of: (1) increases or decreases in such lease sales compared to sales conducted by oral bidding; and (2) the total cost or savings to the Department of the Interior as a result of such sales, compared to sales conducted by oral bidding.
Requires the report to evaluate 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.
Title VIII: Service Over the Counter, Self-Contained, Medium Temperature Commercial Refrigerators - (Sec. 801) Amends the Energy Policy and Conservation Act to define and establish energy conservation standards for service over the counter, self-contained, medium (SOC-SC-M) temperature commercial refrigerators.
Requires such a refrigerator manufactured 6 months after enactment of the Better Use of Refrigerator Regulations Act to have a specified total daily energy consumption (in kilowatt hours per day).
Title IX: Miscellaneous Provisions - (Sec. 901) Prohibits the Secretary of the Interior from transferring to the Office of Surface Mining Reclamation and Enforcement any responsibility or authority to perform any function performed immediately before the enactment of this Act under the Department of the Interior Solid Minerals Program, including management of mineral development on federal lands and acquired lands under the Federal Land Policy and Management Act of 1976, and any function performed under the Mining Law Program.
(Sec. 902) Amends the Gulf of Mexico Energy Security Act of 2006 to: (1) contract from FY2016-FY2055 to FY2016-FY2022 the time period during which the annual maximum amount of distributed qualified OCS shelf revenues shall be $500 million, and (2) increase to $750 million the annual maximum amount of distributed qualified OCS revenues for FY2023-FY2055.
(Sec. 903) Directs the Secretary to: (1) revise the proposed OCS oil and gas leasing program for 2012-2017 to include Lease Sale 220 off the coast of Virginia, (2) include the OCS off the coast of Virginia in the leasing program for each 5-year period after the 2012-2017 period, and (3) implement Lease Sale 220 within one year after enactment of this Act.
Instructs the Secretary and the Secretary of Defense (DOD) to work jointly in implementing these changes to ensure: (1) preserving the ability of the U.S. Armed Forces to maintain an optimum state of readiness through their continued use of the OCS; and (2) allowing effective exploration, development, and production of the national oil, gas, and renewable energy resources.
Prohibits any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation.
Declares that the United States reserves the right to designate by and through the Secretary of Defense, with the President's approval, national defense areas on the OCS.
Title X: Advancing Offshore Wind Production - Advancing Offshore Wind Production Act - (Sec. 1002) Exempts projects determined by the Secretary to be an offshore meteorological site testing and monitoring project from environmental impact statement requirements under NEPA.
Defines an "offshore meteorological site testing and monitoring project" as a project that is administered by the Department of the Interior and carried out on or in the waters of the OCS to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure and that: (1) causes less than one acre of surface or seafloor disruption at the location of each meteorological tower or other device and no more than five acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation), (2) is decommissioned within five years of its commencement, and (3) provides meteorological information to the Secretary.
Directs the Secretary to: (1) require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the OCS obtain a permit and right of way for the project; (2) decide whether to issue such a permit and right of way within 30 days after receiving an application; (3) provide an opportunity for submission of comments by the public; (4) consult with the Secretary of Defense (DOD), the Commandant of the Coast Guard, and the heads of other federal, state, and local agencies that would be affected by issuance of the permit and right of way; and (5) provide an applicant the opportunity to remedy deficiencies in a permit application that was denied.