S. 1401 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1401 IN THE SENATE OF THE UNITED STATES July 31, 2013 Mr. Hoeven (for himself, Ms. Murkowski, Mr. Boozman, Mr. Cochran, Mr. Vitter, Mr. Crapo, Mr. Blunt, Mr. Manchin, Mr. Wicker, Mr. Roberts, and Mr. Chambliss) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the development of a plan to increase oil and gas exploration, development, and production under oil and gas leases of Federal land, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Domestic Energy and Jobs Act. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Impacts of EPA Rules and Actions on Energy Prices Sec. 101. Short title. Sec. 102. Transportation Fuels Regulatory Committee. Sec. 103. Analyses. Sec. 104. Reports; public comment. Sec. 105. No final action on certain rules. Sec. 106. Consideration of feasibility and cost in revising or supplementing national ambient air quality standards for ozone. Sec. 107. Fuel requirements waiver and study. TITLE II—Quadrennial Strategic Federal Onshore Energy Production Strategy Sec. 201. Short title. Sec. 202. Onshore domestic energy production strategic plan. TITLE III—Onshore oil and gas leasing certainty Sec. 301. Short title. Sec. 302. Minimum acreage requirement for onshore lease sales. Sec. 303. Leasing certainty and consistency. Sec. 304. Reduction of redundant policies. TITLE IV—Streamlined energy permitting Sec. 401. Short title. Subtitle A—Application for permits To drill process reform Sec. 411. Permit to drill application timeline. Sec. 412. Solar and wind right-of-way rental reform. Subtitle B—Administrative appeal documentation reform Sec. 421. Administrative appeal documentation reform. Subtitle C—Permit streamlining Sec. 431. Federal energy permit coordination. Sec. 432. Administration of current law. Subtitle D—Judicial Review Sec. 441. Definitions. Sec. 442. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 443. Timely filing. Sec. 444. Expedition in hearing and determining the action. Sec. 445. Standard of review. Sec. 446. Limitation on injunction and prospective relief. Sec. 447. Limitation on attorneys’ fees. Sec. 448. Legal standing. TITLE V—Expeditious oil and gas leasing program in National Petroleum Reserve in Alaska Sec. 501. Short title. Sec. 502. Sense of Congress reaffirming national policy regarding National Petroleum Reserve in Alaska. Sec. 503. Competitive leasing of oil and gas. Sec. 504. Planning and permitting pipeline and road construction. Sec. 505. Departmental accountability for development. Sec. 506. Updated resource assessment. Sec. 507. Colville River Delta designation. TITLE VI—Internet-based onshore oil and gas lease sales Sec. 601. Short title. Sec. 602. Internet-based onshore oil and gas lease sales. TITLE VII—Advancing offshore wind production Sec. 701. Short title. Sec. 702. Offshore meteorological site testing and monitoring projects. TITLE VIII—Critical minerals Sec. 801. Definitions. Sec. 802. Designations. Sec. 803. Policy. Sec. 804. Resource assessment. Sec. 805. Permitting. Sec. 806. Recycling and alternatives. Sec. 807. Analysis and forecasting. Sec. 808. Education and workforce. Sec. 809. International cooperation. Sec. 810. Repeal, authorization, and offset. TITLE IX—Miscellaneous Sec. 901. Limitation on transfer of functions under the Solid Minerals Leasing Program. Sec. 902. Amount of distributed qualified Outer Continental Shelf revenues. Sec. 903. Lease Sale 220 and other lease sales off the coast of Virginia. Sec. 904. Limitation on authority to issue regulations modifying the stream zone buffer rule. I Impacts of EPA Rules and Actions on Energy Prices 101. Short title This title may be cited as the Gasoline Regulations Act of 2013. 102. Transportation Fuels Regulatory Committee (a) Establishment The President shall establish a committee, to be known as the Transportation Fuels Regulatory Committee (referred to in this title as the Committee), to analyze and report on the cumulative impacts of certain rules and actions of the Environmental Protection Agency on gasoline, diesel fuel, and natural gas prices, in accordance with sections 103 and 104. (b) Members The Committee shall be composed of the following officials (or their designees): (1) The Secretary of Energy, who shall serve as the Chair of the Committee. (2) The Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. (3) The Secretary of Commerce, acting through the Chief Economist and the Under Secretary for International Trade. (4) The Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics. (5) The Secretary of the Treasury, acting through the Deputy Assistant Secretary for Environment and Energy of the Department of the Treasury. (6) The Secretary of Agriculture, acting through the Chief Economist. (7) The Administrator of the Environmental Protection Agency. (8) The Chairman of the United States International Trade Commission, acting through the Director of the Office of Economics. (9) The Administrator of the Energy Information Administration. (c) Consultation by Chair In carrying out the functions of the Chair of the Committee, the Chair shall consult with the other members of the Committee. (d) Consultation by Committee In carrying out this title, the Committee shall consult with the National Energy Technology Laboratory. (e) Termination The Committee shall terminate on the date that is 60 days after the date of submission of the final report of the Committee pursuant to section 104(c). 103. Analyses (a) Definitions In this section: (1) Covered action The term covered action means any action, to the extent that the action affects facilities involved in the production, transportation, or distribution of gasoline, diesel fuel, or natural gas, taken on or after January 1, 2009, by the Administrator of the Environmental Protection Agency, a State, a local government, or a permitting agency as a result of the application of part C of title I (relating to prevention of significant deterioration of air quality), or title V (relating to permitting), of the Clean Air Act (42 U.S.C. 7401 et seq.), 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 (74 Fed. Reg. 66496 (December 15, 2009)). (2) Covered rule The term covered rule means the following rules (and includes any successor or substantially similar rules): (A) Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards, as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060–AQ86. (B) National Ambient Air Quality Standards for Ozone (73 Fed. Reg. 16436 (March 27, 2008)). (C) Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards, as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060–AP98. (D) Any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard under section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412) applicable to petroleum refineries. (E) Any rule proposed after March 15, 2012, to implement any portion of the renewable fuel program under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)). (F) Any rule proposed after March 15, 2012, revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409). (b) Scope The Committee shall conduct analyses, for each of calendar years 2016 and 2020, of the prospective cumulative impact of all covered rules and covered actions. (c) Contents The Committee shall include in each analysis conducted under this section— (1) estimates of the cumulative impacts of the covered rules and covered actions relating to— (A) any resulting change in the national, State, or regional price of gasoline, diesel fuel, or natural gas; (B) required capital investments and projected costs for operation and maintenance of new equipment required to be installed; (C) global economic competitiveness of the United States and any loss of domestic refining capacity; (D) other cumulative costs and cumulative benefits, including evaluation through a general equilibrium model approach; (E) national, State, and regional employment, including impacts associated with changes in gasoline, diesel fuel, or natural gas prices and facility closures; and (F) any other matters affecting the growth, stability, and sustainability of the oil and gas industries of the United States, particularly relative to that of other nations; (2) an analysis of key uncertainties and assumptions associated with each estimate under paragraph (1); (3) a sensitivity analysis reflecting alternative assumptions with respect to the aggregate demand for gasoline, diesel fuel, or natural gas; and (4) an analysis and, if feasible, an assessment of— (A) the cumulative impact of the covered rules and covered actions on— (i) consumers; (ii) small businesses; (iii) regional economies; (iv) State, local, and tribal governments; (v) low-income communities; (vi) public health; and (vii) local and industry-specific labor markets; and (B) key uncertainties associated with each topic described in subparagraph (A). (d) Methods In conducting analyses under this section, the Committee shall use the best available methods, consistent with guidance from the Office of Information and Regulatory Affairs and the Office of Management and Budget Circular A–4. (e) Data In conducting analyses under this section, the Committee shall not be required to create data or to use data that is not readily accessible. 104. Reports; public comment (a) Preliminary report Not later than 90 days after the date of enactment of this Act, the Committee shall make public and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a preliminary report containing the results of the analyses conducted under section 103. (b) Public comment period The Committee shall accept public comments regarding the preliminary report submitted under subsection (a) for a period of 60 days after the date on which the preliminary report is submitted. (c) Final report Not later than 60 days after the expiration of the 60-day period described in subsection (b), the Committee shall submit to Congress a final report containing the analyses conducted under section 103, including— (1) any revisions to the analyses made as a result of public comments; and (2) a response to the public comments. 105. No final action on certain rules (a) In general The Administrator of the Environmental Protection Agency shall not finalize any of the following rules until a date (to be determined by the Administrator) that is at least 180 days after the date on which the Committee submits the final report under section 104(c): (1) Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards, as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060–AQ86, and any successor or substantially similar rule. (2) Any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard under section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412) that is applicable to petroleum refineries. (3) Any rule revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409). (b) Other rules not affected Subsection (a) shall not affect the finalization of any rule other than the rules described in subsection (a). 106. Consideration of feasibility and cost in revising or supplementing national ambient air quality standards for ozone In revising or supplementing any national primary or secondary ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409), the Administrator of the Environmental Protection Agency shall take into consideration feasibility and cost. 107. Fuel requirements waiver and study (a) Waiver of fuel requirements Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended— (1) in clause (ii)(II), by inserting a problem with distribution or delivery equipment that is necessary for the transportation or delivery of fuel or fuel additives, after equipment failure,; (2) in clause (iii)(II), by inserting before the semicolon at the end the following: (except that the Administrator may extend the effectiveness of a waiver for more than 20 days if the Administrator determines that the conditions under clause (ii) supporting a waiver determination will exist for more than 20 days); (3) by redesignating the second clause (v) (relating to the authority of the Administrator to approve certain State implementation plans) as clause (vi); and (4) by adding at the end the following: (vii) Presumptive approval Notwithstanding any other provision of this subparagraph, if the Administrator does not approve or deny a request for a waiver under this subparagraph within 3 days after receipt of the request, the request shall be deemed to be approved as received by the Administrator and the applicable fuel standards shall be waived for the period of time requested. . (b) Fuel system requirements harmonization study Section 1509 of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 1083) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by inserting biofuels, after oxygenated fuel,; and (B) in paragraph (2)(G), by striking Tier II and inserting Tier III; and (2) in subsection (b)(1), by striking 2008 and inserting 2014. II Quadrennial Strategic Federal Onshore Energy Production Strategy 201. Short title This title may be cited as the Planning for American Energy Act of 2013. 202. Onshore domestic energy production strategic plan The Mineral Leasing Act is amended— (1) by redesignating section 44 (30 U.S.C. 181 note) as section 45; and (2) by inserting after section 43 (30 U.S.C. 226–3) the following: 44. Quadrennial Strategic Federal Onshore Energy Production Strategy (a) Definitions In this section: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Strategic and critical energy minerals The term strategic and critical energy minerals means— (A) minerals that are necessary for the energy infrastructure of the United States, including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production; and (B) minerals that are necessary to support domestic manufacturing, including materials used in energy generation, production, and transportation. (3) Strategy The term Strategy means the Quadrennial Federal Onshore Energy Production Strategy required under this section. (b) Strategy (1) In general The Secretary, in consultation with the Secretary of Agriculture with regard to land administered by the Forest Service, shall develop and publish every 4 years a Quadrennial Federal Onshore Energy Production Strategy. (2) Energy security The Strategy shall direct Federal land energy development and department resource allocation to promote the energy security of the United States. (c) Purposes (1) In general In developing a Strategy, the Secretary shall consult with the Administrator of the Energy Information Administration on— (A) the projected energy demands of the United States for the 30-year period beginning on the date of initiation of the Strategy; and (B) how energy derived from Federal onshore land can place the United States on a trajectory to meet that demand during the 4-year period beginning on the date of initiation of the Strategy. (2) Energy security The Secretary shall consider how Federal land will contribute to ensuring national energy security, with a goal of increasing energy independence and production, during the 4-year period beginning on the date of initiation of the Strategy. (d) Objectives The Secretary shall establish a domestic strategic production objective for the development of energy resources from Federal onshore land that is based on commercial and scientific data relating to the expected increase in— (1) domestic production of oil and natural gas from the Federal onshore mineral estate, with a focus on land held by the Bureau of Land Management and the Forest Service; (2) domestic coal production from Federal land; (3) domestic production of strategic and critical energy minerals from the Federal onshore mineral estate; (4) megawatts for electricity production from each of wind, solar, biomass, hydropower, and geothermal energy produced on Federal land administered by the Bureau of Land Management and the Forest Service; (5) unconventional energy production, such as oil shale; (6) domestic production of oil, natural gas, coal, and other renewable sources from tribal land for any federally recognized Indian tribe that elects to participate in facilitating energy production on the land of the Indian tribe; and (7) domestic production of geothermal, solar, wind, or other renewable energy sources on land defined as available lands under section 203 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 109, chapter 42), and any other land considered by the Territory or State of Hawaii, as the case may be, to be available lands. (e) Methodology The Secretary shall consult with the Administrator of the Energy Information Administration regarding the methodology used to arrive at the estimates made by the Secretary to carry out this section. (f) Expansion of plan The Secretary may expand a Strategy to include other energy production technology sources or advancements in energy production on Federal land. (g) Tribal objectives (1) In general It is the sense of Congress that federally recognized Indian tribes may elect to set the production objectives of the Indian tribes as part of a Strategy under this section. (2) Cooperation The Secretary shall work in cooperation with any federally recognized Indian tribe that elects to participate in achieving the strategic energy objectives of the Indian tribe under this subsection. (h) Execution of Strategy (1) Definition of Secretary concerned In this subsection, the term Secretary concerned means— (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe). (2) Additional land The Secretary concerned may make determinations regarding which additional land under the jurisdiction of the Secretary concerned will be made available in order to meet the energy production objectives established by a Strategy. (3) Actions The Secretary concerned shall take all necessary actions to achieve the energy production objectives established under this section unless the President determines that it is not in the national security and economic interests of the United States— (A) to increase Federal domestic energy production; and (B) to decrease dependence on foreign sources of energy. (4) Leasing In carrying out this subsection, the Secretary concerned shall only consider leasing Federal land available for leasing at the time the lease sale occurs. (i) State, federally recognized Indian tribes, local government, and public input In developing a Strategy, the Secretary shall solicit the input of affected States, federally recognized Indian tribes, local governments, and the public. (j) Annual reports (1) In general 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 an annual report describing the progress made in meeting the production goals of a Strategy. (2) Contents In a report required under this subsection, the Secretary shall— (A) make projections for production and capacity installations; (B) describe any problems with leasing, permitting, siting, or production that will prevent meeting the production goals of a Strategy; and (C) make recommendations to help meet any shortfalls in meeting the production goals. (k) Programmatic environmental impact statement (1) In general Not later than 1 year after the date of enactment of this subsection, 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 for carrying out this section. (2) Compliance The programmatic environmental impact statement shall be considered sufficient to comply with all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for all necessary resource management and land use plans associated with the implementation of a Strategy. (l) Congressional review (1) In general Not later than 60 days before publishing a proposed Strategy under this section, the Secretary shall submit to Congress and the President the proposed Strategy, together with any comments received from States, federally recognized Indian tribes, and local governments. (2) Recommendations The submission shall indicate why any specific recommendation of a State, federally recognized Indian tribe, or local government was not accepted. (m) Administration Nothing in this section modifies or affects any multiuse plan. (n) First Strategy Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to Congress the first Strategy. . III Onshore oil and gas leasing certainty 301. Short title This title may be cited as the Providing Leasing Certainty for American Energy Act of 2013. 302. Minimum acreage requirement for onshore lease sales Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended— (1) by striking Sec. 17. (a) All lands and inserting the following: 17. Lease of oil and gas land (a) Authority (1) In general All land ; and (2) in subsection (a) (as amended by paragraph (1)), by adding at the end the following: (2) Minimum acreage requirement for onshore lease sales (A) In general In conducting lease sales under this section, each year, the Secretary shall offer for sale not less than 25 percent of the annual nominated acreage not previously made available for lease. (B) Review The offering of acreage offered for lease under this paragraph shall not be subject to review. (C) Categorical exclusions Acreage offered for lease under this paragraph shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942), except that extraordinary circumstances shall not be required for a categorical exclusion under this paragraph. (D) Leasing In carrying out this subsection, the Secretary shall only consider leasing of Federal land that is available for leasing at the time the lease sale occurs. . 303. Leasing certainty and consistency Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) (as amended by section 302) is amended by adding at the end the following: (3) Leasing certainty (A) In general The Secretary shall not withdraw approval of any covered energy project involving a lease under this Act without finding a violation of the terms of the lease by the lessee. (B) Delay The Secretary shall not infringe on 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 a lease. (C) Availability of nominated areas Not later than 18 months after an area is designated as open under the applicable land use plan, the Secretary shall make available nominated areas for lease under paragraph (2). (D) Issuance of leases Notwithstanding any other provision of law, the Secretary shall issue all leases sold under this Act not later than 60 days after the last payment is made. (E) Cancellation or withdrawal of lease parcels 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) Appeals (i) In general The Secretary shall complete the review of any appeal of a lease sale under this Act not later than 60 days after the receipt of the appeal. (ii) Constructive approval If the review of an appeal is not conducted in accordance with clause (i), the appeal shall be considered approved. (G) Additional stipulations The Secretary may not add any additional lease stipulation for a parcel after the parcel is sold unless the Secretary— (i) consults with the lessee and obtains the approval of the lessee; or (ii) determines that the stipulation is an emergency action that is necessary to conserve the resources of the United States. (4) Leasing consistency A Federal land manager shall comply with applicable resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until a new record of decision is signed. . 304. Reduction of redundant policies Bureau of Land Management Instruction Memorandum 2010–117 shall have no force or effect. IV Streamlined energy permitting 401. Short title This title may be cited as the Streamlining Permitting of American Energy Act of 2013. A Application for permits To drill process reform 411. Permit to drill application timeline Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by striking paragraph (2) and inserting the following: (2) Applications for permits to drill reform and process (A) In general Subject to subparagraph (B), the Secretary shall decide whether to issue a permit to drill not later than 30 days after the date on which the application for the permit is received by the Secretary. (B) Extensions (i) In general The Secretary may extend the period described in subparagraph (A) for up to 2 periods of 15 days each, if the Secretary gives written notice of the delay to the applicant. (ii) Notice The notice shall— (I) be in the form of a letter from the Secretary or a designee of the Secretary; and (II) include— (aa) the names and positions of the persons processing the application; (bb) the specific reasons for the delay; and (cc) a specific date on which a final decision on the application is expected. (C) Notice of reasons for denial If the application is denied, the Secretary shall provide the applicant— (i) a written notice that provides— (I) clear and comprehensive reasons why the application was not accepted; and (II) detailed information concerning any deficiencies; and (ii) an opportunity to remedy any deficiencies. (D) Application considered 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 for the permit is received by the Secretary, the application shall be considered approved unless applicable reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are incomplete. (E) Denial of permit If the Secretary decides not to issue a permit to drill under this paragraph, 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. (F) Fee (i) In general Subject to clauses (ii) and (iii) and notwithstanding any other provision of 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 this paragraph. (ii) Resubmitted applications The fee described in clause (i) shall not apply to any resubmitted application. (iii) Treatment of permit processing fee Subject to appropriation, of all fees collected under this paragraph, 50 percent shall be transferred to the field office where the fees are collected and used to process leases, permits, and appeals under this Act. . 412. Solar and wind right-of-way rental reform Notwithstanding any other provision of law, each fiscal year, of fees collected as annual wind energy and solar energy right-of-way authorization fees required under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)), 50 percent shall be retained by the Secretary of the Interior to be used, subject to appropriation— (1) by the Bureau of Land Management to process permits, right-of-way applications, and other activities necessary for renewable development; and (2) at the option of the Secretary of the Interior, by the United States Fish and Wildlife Service or other Federal agencies involved in wind and solar permitting reviews to facilitate the processing of wind energy and solar energy permit applications on Bureau of Land Management land. B Administrative appeal documentation reform 421. Administrative appeal documentation reform Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the following: (4) Appeal fee (A) In general The Secretary shall collect a $5,000 documentation fee to accompany each appeal of an action on a lease, right-of-way, or application for permit to drill. (B) Treatment of fees Subject to appropriation, of all fees collected under this paragraph, 50 percent shall remain in the field office where the fees are collected and used to process appeals. . C Permit streamlining 431. Federal energy permit coordination (a) Definitions In this section: (1) Energy projects The term energy projects means oil, coal, natural gas, and renewable energy projects. (2) Project The term Project means the Federal Permit Streamlining Project established under subsection (b). (3) Secretary The term Secretary means the Secretary of the Interior. (b) Establishment The Secretary shall establish a Federal Permit Streamlining Project in each Bureau of Land Management field office with responsibility for issuing permits for energy projects on Federal land. (c) Memorandum of understanding (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding to carry out this section with— (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Secretary of the Army, acting through the Chief of Engineers. (2) State participation The Secretary may request the Governor of any State with energy projects on Federal land to be a signatory to the memorandum of understanding. (d) Designation of qualified staff (1) In general Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (c), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in— (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); (B) permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344); (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (D) planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Duties Each employee assigned under paragraph (1) shall— (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the home office of the employee; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal land. (e) Additional personnel The Secretary shall assign to each Bureau of Land Management field office identified under subsection (b) 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 requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (f) Funding Funding for the additional personnel shall be derived from the Department of the Interior reforms made by sections 411, 412, and 421 and the amendments made by those sections. (g) Savings provision Nothing in this section affects— (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project. 432. Administration of current law Notwithstanding any other provision of 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 441. Definitions In this title: (1) Covered civil action 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 land. (2) Covered energy project (A) In general The term covered energy project means the leasing of Federal land of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy, and any action under such a lease. (B) Exclusion The term covered energy project does not include any disputes between the parties to a lease regarding the obligations under the lease, including regarding any alleged breach of the lease. 442. Exclusive venue for certain civil actions relating to covered energy projects Venue for any covered civil action shall lie in the United States district court for the district in which the project or leases exist or are proposed. 443. Timely filing To ensure timely redress by the courts, a covered civil action shall be filed not later than 90 days after the date of the final Federal agency action to which the covered civil action relates. 444. Expedition in hearing and determining the action A court shall endeavor to hear and determine any covered civil action as expeditiously as practicable. 445. Standard of review In any judicial review of a covered civil action— (1) administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct; and (2) the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record. 446. Limitation on injunction and prospective relief (a) In general In a covered civil action, a court shall not grant or approve any prospective relief unless the court finds that the relief— (1) is narrowly drawn; (2) extends no further than necessary to correct the violation of a legal requirement; and (3) is the least intrusive means necessary to correct the violation. (b) Preliminary injunctions (1) In general A court shall limit the duration of a preliminary injunction to halt a covered energy project to not more than 60 days, unless the court finds clear reasons to extend the injunction. (2) Extensions Extensions under paragraph (1) shall— (A) only be in 30-day increments; and (B) require action by the court to renew the injunction. 447. Limitation on attorneys’ fees (a) In general Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the Equal Access to Justice Act), shall not apply to a covered civil action. (b) Attorney's fees and court costs A party in a covered civil action shall not receive payment from the Federal Government for attorney's fees, expenses, or other court costs. 448. Legal standing A challenger filing an appeal with the Interior Board of Land Appeals shall meet the same standing requirements as a challenger before a United States district court. V Expeditious oil and gas leasing program in National Petroleum Reserve in Alaska 501. Short title This title may be cited as the National Petroleum Reserve Alaska Access Act. 502. Sense of Congress reaffirming national policy regarding National Petroleum Reserve in Alaska It is the sense of Congress that— (1) the National Petroleum Reserve in the State of Alaska (referred to in this title as the Reserve) remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and (2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve. 503. Competitive leasing of oil and gas Section 107 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a) is amended by striking subsection (a) and inserting the following: (a) Competitive leasing (1) In general The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the Reserve in accordance with this Act. (2) Inclusions The program under this subsection shall include at least 1 lease sale annually in each area of the Reserve that is most likely to produce commercial quantities of oil and natural gas for each of calendar years 2013 through 2023. . 504. Planning and permitting pipeline and road construction (a) In general Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with the Secretary of Transportation, shall facilitate and ensure permits, in an environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary— (1) to develop and bring into production any areas within the Reserve that are subject to oil and gas leases; and (2) to transport oil and gas from and through the Reserve to existing transportation or processing infrastructure on the North Slope of Alaska. (b) Timelines The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timelines: (1) Existing leases Each permit for construction relating to the transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary of the Interior has issued a permit to drill shall be approved by not later than 60 days after the date of enactment of this Act. (2) Requested permits Each permit for construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved by not later than 180 days after the date of submission to the Secretary of a request for a permit to drill. (c) Plan To ensure timely future development of the Reserve, not later than 270 days after the date of 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 to ensure that all leasable tracts in the Reserve are located within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve. 505. Departmental accountability for development (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations to establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the Reserve. (b) Deadlines At a minimum, the regulations promulgated pursuant to this section shall— (1) require the Secretary of the Interior to respond, acknowledging receipt of any permit application for development, by not later than 5 business days after the date of receipt of the application; and (2) establish a timeline for the processing of each such application that— (A) specifies deadlines for decisions and actions regarding permit applications; and (B) provides that the period for issuing each permit after the date of submission of the application shall not exceed 60 days, absent the concurrence of the applicant. (c) Actions required for failure To comply with deadlines If the Secretary of the Interior fails to comply with any deadline described in subsection (b) with respect to a permit application, the Secretary shall notify the applicant not less frequently than once every 5 days with specific information regarding— (1) the reasons for the permit delay; (2) the name of each specific office of the Department of the Interior responsible for— (A) issuing the permit; or (B) monitoring the permit delay; and (3) an estimate of the date on which the permit will be issued. (d) Additional infrastructure Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, after consultation with the State of Alaska and after providing notice and an opportunity for public comment, shall approve right-of-way corridors for the construction of 2 separate additional bridges and pipeline rights-of-way to help facilitate timely oil and gas development of the Reserve. 506. Updated resource assessment (a) In general The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the Reserve, including all conventional and unconventional oil and natural gas. (b) Cooperation and consultation The resource assessment under subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists. (c) Timing The resource assessment under subsection (a) shall be completed by not later than 2 years after the date of enactment of this Act. (d) Funding In carrying out this section, the United States Geological Survey may cooperatively use resources and funds provided by the State of Alaska. 507. Colville River Delta designation The designation by the Environmental Protection Agency of the Colville River Delta as an aquatic resource of national importance shall have no force or effect on this title or an amendment made by this title. VI Internet-based onshore oil and gas lease sales 601. Short title This title may be cited as the BLM Live Internet Auctions Act. 602. Internet-based onshore oil and gas lease sales (a) Authorization Section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)) is amended— (1) in subparagraph (A), in the third sentence, by striking Lease sales and inserting Except as provided in subparagraph (C), lease sales; and (2) by adding at the end the following: (C) In order to diversify and expand the United States onshore leasing program to ensure the best return to Federal taxpayers, to reduce fraud, and to secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods, each of which shall be completed by not later than 7 days after the date of initiation of the sale. . (b) Report Not later than 90 days after the tenth Internet-based lease sale conducted pursuant to subparagraph (C) of section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)) (as added by subsection (a)), the Secretary of the Interior shall conduct, and submit to Congress a report describing the results of, an analysis of the first 10 such lease sales, including— (1) estimates of increases or decreases in the lease sales, as compared to sales conducted by oral bidding, in— (A) the number of bidders; (B) the average amount of the bids; (C) the highest amount of the bids; and (D) the lowest amount of the bids; (2) an estimate on the total cost or savings to the Department of the Interior as a result of the sales, as compared to sales conducted by oral bidding; and (3) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales, which may— (A) provide an opportunity to better maximize bidder participation; (B) ensure the highest return to Federal taxpayers; (C) minimize opportunities for fraud or collusion; and (D) ensure the security and integrity of the leasing process. VII Advancing offshore wind production 701. Short title This title may be cited at the Advancing Offshore Wind Production Act. 702. Offshore meteorological site testing and monitoring projects (a) Definition of offshore meteorological site testing and monitoring project In this section, the term offshore meteorological site testing and monitoring project means a project carried out on or in the waters of the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) and administered by the Department of the Interior to test or monitor weather (including energy provided by weather, such as wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that— (1) causes— (A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation); (2) is decommissioned not more than 5 years after the date of commencement of the project, including— (A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; and (B) restoration of the project site to approximately the original condition of the site; and (3) provides meteorological information obtained by the project to the Secretary of the Interior. (b) Offshore meteorological project permitting (1) In general The Secretary of the Interior shall require, by regulation, that any applicant seeking to conduct an offshore meteorological site testing and monitoring project shall obtain a permit and right-of-way for the project in accordance with this subsection. (2) Permit and right-of-way timeline and conditions (A) Deadline for approval The Secretary shall decide whether to issue a permit and right-of-way for an offshore meteorological site testing and monitoring project by not later than 30 days after the date of receipt of a relevant application. (B) Public comment and consultation During the 30-day period referred to in subparagraph (A) with respect to an application for a permit and right-of-way under this subsection, the Secretary shall— (i) provide an opportunity for submission of comments regarding the application by the public; and (ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by the issuance of the permit and right-of-way. (C) Denial of permit; opportunity to remedy deficiencies If an application is denied under this subsection, the Secretary shall provide to the applicant— (i) in writing— (I) a list of clear and comprehensive reasons why the application was denied; and (II) detailed information concerning any deficiencies in the application; and (ii) an opportunity to remedy those deficiencies. (c) NEPA exclusion Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to an offshore meteorological site testing and monitoring project. (d) Protection of information Any information provided to the Secretary of the Interior under subsection (a)(3) shall be— (1) treated by the Secretary as proprietary information; and (2) protected against disclosure. VIII Critical minerals 801. Definitions In this title: (1) Applicable committees The term applicable committees means— (A) the Committee on Energy and Natural Resources of the Senate; (B) the Committee on Natural Resources of the House of Representatives; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Science, Space, and Technology of the House of Representatives. (2) Clean energy technology The term clean energy technology means a technology related to the production, use, transmission, storage, control, or conservation of energy that— (A) reduces the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, storing, or transporting energy with greater effectiveness in or through the infrastructure of the United States; (B) diversifies the sources of energy supply of the United States to strengthen energy security and to increase supplies with a favorable balance of environmental effects if the entire technology system is considered; or (C) contributes to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or sequestration of energy-related greenhouse gas emissions. (3) Critical mineral (A) In general The term critical mineral means any mineral designated as a critical mineral pursuant to section 802. (B) Exclusions The term critical mineral does not include coal, oil, natural gas, or any other fossil fuels. (4) Critical mineral manufacturing The term critical mineral manufacturing means— (A) the production, processing, refining, alloying, separation, concentration, magnetic sintering, melting, or beneficiation of critical minerals within the United States; (B) the fabrication, assembly, or production, within the United States, of clean energy technologies (including technologies related to wind, solar, and geothermal energy, efficient lighting, electrical superconducting materials, permanent magnet motors, batteries, and other energy storage devices), military equipment, and consumer electronics, or components necessary for applications; or (C) any other value-added, manufacturing-related use of critical minerals undertaken within the United States. (5) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (6) Military equipment The term military equipment means equipment used directly by the Armed Forces to carry out military operations. (7) Rare earth element (A) In general The term rare earth element means the chemical elements in the periodic table from lanthanum (atomic number 57) up to and including lutetium (atomic number 71). (B) Inclusions The term rare earth element includes the similar chemical elements yttrium (atomic number 39) and scandium (atomic number 21). (8) Secretary The term Secretary means the Secretary of the Interior— (A) acting through the Director of the United States Geological Survey; and (B) in consultation with (as appropriate)— (i) the Secretary of Energy; (ii) the Secretary of Defense; (iii) the Secretary of Commerce; (iv) the Secretary of State; (v) the Secretary of Agriculture; (vi) the United States Trade Representative; and (vii) the heads of other applicable Federal agencies. (9) State The term State means— (A) a State; (B) the Commonwealth of Puerto Rico; and (C) any other territory or possession of the United States. (10) Value-added The term value-added means, with respect to an activity, an activity that changes the form, fit, or function of a product, service, raw material, or physical good so that the resultant market price is greater than the cost of making the changes. (11) Working group The term Working Group means the Critical Minerals Working Group established under section 805(a). 802. Designations (a) Draft methodology Not later than 30 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register for public comment a draft methodology for determining which minerals qualify as critical minerals based on an assessment of whether the minerals are— (1) subject to potential supply restrictions (including restrictions associated with foreign political risk, abrupt demand growth, military conflict, and anti-competitive or protectionist behaviors); and (2) important in use (including clean energy technology-, defense-, agriculture-, and health care-related applications). (b) Availability of data If available data is insufficient to provide a quantitative basis for the methodology developed under this section, qualitative evidence may be used. (c) Final methodology After reviewing public comments on the draft methodology under subsection (a) and updating the draft methodology as appropriate, the Secretary shall enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering to obtain, not later than 120 days after the date of enactment of this Act— (1) a review of the methodology; and (2) recommendations for improving the methodology. (d) Final methodology After reviewing the recommendations under subsection (c), not later than 150 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a description of the final methodology for determining which minerals qualify as critical minerals. (e) Designations Not later than 180 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a list of minerals designated as critical, pursuant to the final methodology under subsection (d), for purposes of carrying out this title. (f) Subsequent review The methodology and designations developed under subsections (d) and (e) shall be updated at least every 5 years, or in more regular intervals if considered appropriate by the Secretary. (g) Notice On finalization of the methodology under subsection (d), the list under subsection (e), or any update to the list under subsection (f), the Secretary shall submit to the applicable committees written notice of the action. 803. Policy (a) Policy It is the policy of the United States to promote an adequate, reliable, domestic, and stable supply of critical minerals, produced in an environmentally responsible manner, in order to strengthen and sustain the economic security, and the manufacturing, industrial, energy, technological, and competitive stature, of the United States. (b) Coordination The President, acting through the Executive Office of the President, shall coordinate the actions of Federal agencies under this and other Acts— (1) to encourage Federal agencies to facilitate the availability, development, and environmentally responsible production of domestic resources to meet national critical minerals needs; (2) to minimize duplication, needless paperwork, and delays in the administration of applicable laws (including regulations) and the issuance of permits and authorizations necessary to explore for, develop, and produce critical minerals and to construct and operate critical mineral manufacturing facilities in an environmentally responsible manner; (3) to promote the development of economically stable and environmentally responsible domestic critical mineral production and manufacturing; (4) to establish an analytical and forecasting capability for identifying critical mineral demand, supply, and other market dynamics relevant to policy formulation so that informed actions may be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts; (5) to strengthen educational and research capabilities and workforce training; (6) to bolster international cooperation through technology transfer, information sharing, and other means; (7) to promote the efficient production, use, and recycling of critical minerals; (8) to develop alternatives to critical minerals; and (9) to establish contingencies for the production of, or access to, critical minerals for which viable sources do not exist within the United States. 804. Resource assessment (a) In general Not later than 4 years after the date of enactment of this Act, in consultation with applicable State (including geological surveys), local, academic, industry, and other entities, the Secretary shall complete a comprehensive national assessment of each critical mineral that— (1) identifies and quantifies known critical mineral resources, using all available public and private information and datasets, including exploration histories; (2) estimates the cost of production of the critical mineral resources identified and quantified under this section, using all available public and private information and datasets, including exploration histories; (3) provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the United States, including probability estimates of tonnage and grade, using all available public and private information and datasets, including exploration histories; (4) provides qualitative information on the environmental attributes of the critical mineral resources identified under this section; and (5) pays particular attention to the identification and quantification of critical mineral resources on Federal land that is open to location and entry for exploration, development, and other uses. (b) Field work If existing information and datasets prove insufficient to complete the assessment under this section and there is no reasonable opportunity to obtain the information and datasets from nongovernmental entities, the Secretary may carry out field work (including drilling, remote sensing, geophysical surveys, geological mapping, and geochemical sampling and analysis) to supplement existing information and datasets available for determining the existence of critical minerals on— (1) Federal land that is open to location and entry for exploration, development, and other uses; (2) tribal land, at the request and with the written permission of the Indian tribe with jurisdiction over the land; and (3) State land, at the request and with the written permission of the Governor of the State. (c) Technical assistance At the request of the Governor of a State or an Indian tribe, the Secretary may provide technical assistance to State governments and Indian tribes conducting critical mineral resource assessments on non-Federal land. (d) Financial assistance The Secretary may make grants to State governments, or Indian tribes and economic development entities of Indian tribes, to cover the costs associated with assessments of critical mineral resources on State or tribal land, as applicable. (e) Report Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the applicable committees a report describing the results of the assessment conducted under this section. (f) Prioritization (1) In general The Secretary may sequence the completion of resource assessments for each critical mineral such that critical materials considered to be most critical under the methodology established pursuant to section 802 are completed first. (2) Reporting If the Secretary sequences the completion of resource assessments for each critical material, the Secretary shall submit a report under subsection (e) on an iterative basis over the 4-year period beginning on the date of enactment of this Act. (g) Updates The Secretary shall periodically update the assessment conducted under this section based on— (1) the generation of new information or datasets by the Federal Government; or (2) the receipt of new information or datasets from critical mineral producers, State geological surveys, academic institutions, trade associations, or other entities or individuals. 805. Permitting (a) Critical minerals working group (1) In general There is established within the Department of the Interior a working group to be known as the Critical Minerals Working Group, which shall report to the President and the applicable committees through the Secretary. (2) Composition The Working Group shall be composed of the following: (A) The Secretary of the Interior (or a designee), who shall serve as chair of the Working Group. (B) A Presidential designee from the Executive Office of the President, who shall serve as vice-chair of the Working Group. (C) The Secretary of Energy (or a designee). (D) The Secretary of Agriculture (or a designee). (E) The Secretary of Defense (or a designee). (F) The Secretary of Commerce (or a designee). (G) The Secretary of State (or a designee). (H) The United States Trade Representative (or a designee). (I) The Administrator of the Environmental Protection Agency (or a designee). (J) The Chief of Engineers of the Corps of Engineers (or a designee). (b) Consultation The Working Group shall operate in consultation with private sector, academic, and other applicable stakeholders with experience related to— (1) critical minerals exploration; (2) critical minerals permitting; (3) critical minerals production; and (4) critical minerals manufacturing. (c) Duties The Working Group shall— (1) facilitate Federal agency efforts to optimize efficiencies associated with the permitting of activities that will increase exploration and development of domestic critical minerals, while maintaining environmental standards; (2) facilitate Federal agency review of laws (including regulations) and policies that discourage investment in exploration and development of domestic critical minerals; (3) assess whether Federal policies adversely impact the global competitiveness of the domestic critical minerals exploration and development sector (including taxes, fees, regulatory burdens, and access restrictions); (4) evaluate the sufficiency of existing mechanisms for the provision of tenure on Federal land and the role of the mechanisms in attracting capital investment for the exploration and development of domestic critical minerals; and (5) generate such other information and take such other actions as the Working Group considers appropriate to achieve the policy described in section 803(a). (d) Report Not later than 300 days after the date of enactment of this Act, the Working Group shall submit to the applicable committees a report that— (1) describes the results of actions taken under subsection (c); (2) evaluates the amount of time typically required (including the range derived from minimum and maximum durations, mean, median, variance, and other statistical measures or representations) to complete each step (including those aspects outside the control of the executive branch of the Federal Government, such as judicial review, applicant decisions, or State and local government involvement) associated with the processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land, which shall serve as a baseline for the performance metric developed and finalized under subsections (e) and (f), respectively; (3) identifies measures (including regulatory changes and legislative proposals) that would optimize efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals; and (4) identifies options (including cost recovery paid by applicants) for ensuring adequate staffing of divisions, field offices, or other entities responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land. (e) Draft performance metric Not later than 330 days after the date of enactment of this Act, and on completion of the report required under subsection (d), the Working Group shall publish in the Federal Register for public comment a draft description of a performance metric for evaluating the progress made by the executive branch of the Federal Government on matters within the control of that branch towards optimizing efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals. (f) Final performance metric Not later than 1 year after the date of enactment of this Act, and after consideration of any public comments received under subsection (e), the Working Group shall publish in the Federal Register a description of the final performance metric. (g) Annual report Not later than 2 years after the date of enactment of this Act and annually thereafter, using the final performance metric under subsection (f), the Working Group shall submit to the applicable committees, as part of the budget request of the Department of the Interior for each fiscal year, each report that— (1) describes the progress made by the executive branch of the Federal Government on matters within the control of that branch towards optimizing efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals; and (2) compares the United States to other countries in terms of permitting efficiency, environmental standards, and other criteria relevant to a globally competitive economic sector. (h) Report of small business administration Not later than 300 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the applicable committees a report that assesses the performance of Federal agencies in— (1) complying with chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act), in promulgating regulations applicable to the critical minerals industry; and (2) performing an analysis of regulations applicable to the critical minerals industry that may be outmoded, inefficient, duplicative, or excessively burdensome. (i) Judicial review (1) In general Nothing in this section affects any judicial review of an agency action under any other provision of law. (2) Construction This section— (A) is intended to improve the internal management of the Federal Government; and (B) does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States (including an agency, instrumentality, officer, or employee) or any other person. 806. Recycling and alternatives (a) Establishment The Secretary of Energy shall conduct a program of research and development to promote the efficient production, use, and recycling of, and alternatives to, critical minerals. (b) Cooperation In carrying out the program, the Secretary of Energy shall cooperate with appropriate— (1) Federal agencies and National Laboratories; (2) critical mineral producers; (3) critical mineral manufacturers; (4) trade associations; (5) academic institutions; (6) small businesses; and (7) other relevant entities or individuals. (c) Activities Under the program, the Secretary of Energy shall carry out activities that include the identification and development of— (1) advanced critical mineral production or processing technologies that decrease the environmental impact, and costs of production, of such activities; (2) techniques and practices that minimize or lead to more efficient use of critical minerals; (3) techniques and practices that facilitate the recycling of critical minerals, including options for improving the rates of collection of post-consumer products containing critical minerals; (4) commercial markets, advanced storage methods, energy applications, and other beneficial uses of critical minerals processing byproducts; and (5) alternative minerals, metals, and materials, particularly those available in abundance within the United States and not subject to potential supply restrictions, that lessen the need for critical minerals. (d) Report Not later than 2 years after the date of enactment of this Act and every 5 years thereafter, the Secretaries shall submit to the applicable committees a report summarizing the activities, findings, and progress of the program. 807. Analysis and forecasting (a) Capabilities In order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts, the Secretary, in consultation with academic institutions, the Energy Information Administration, and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools, shall conduct and publish the results of an annual report that includes— (1) as part of the annually published Mineral Commodity Summaries from the United States Geological Survey, a comprehensive review of critical mineral production, consumption, and recycling patterns, including— (A) the quantity of each critical mineral domestically produced during the preceding year; (B) the quantity of each critical mineral domestically consumed during the preceding year; (C) market price data for each critical mineral; (D) an assessment of— (i) critical mineral requirements to meet the national security, energy, economic, industrial, technological, and other needs of the United States during the preceding year; (ii) the reliance of the United States on foreign sources to meet those needs during the preceding year; and (iii) the implications of any supply shortages, restrictions, or disruptions during the preceding year; (E) the quantity of each critical mineral domestically recycled during the preceding year; (F) the market penetration during the preceding year of alternatives to each critical mineral; (G) a discussion of applicable international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and (H) such other data, analyses, and evaluations as the Secretary finds are necessary to achieve the purposes of this section; and (2) a comprehensive forecast, entitled the Annual Critical Minerals Outlook, of projected critical mineral production, consumption, and recycling patterns, including— (A) the quantity of each critical mineral projected to be domestically produced over the subsequent 1-year, 5-year, and 10-year periods; (B) the quantity of each critical mineral projected to be domestically consumed over the subsequent 1-year, 5-year, and 10-year periods; (C) market price projections for each critical mineral, to the maximum extent practicable and based on the best available information; (D) an assessment of— (i) critical mineral requirements to meet projected national security, energy, economic, industrial, technological, and other needs of the United States; (ii) the projected reliance of the United States on foreign sources to meet those needs; and (iii) the projected implications of potential supply shortages, restrictions, or disruptions; (E) the quantity of each critical mineral projected to be domestically recycled over the subsequent 1-year, 5-year, and 10-year periods; (F) the market penetration of alternatives to each critical mineral projected to take place over the subsequent 1-year, 5-year, and 10-year periods; (G) a discussion of reasonably foreseeable international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and (H) such other projections relating to each critical mineral as the Secretary determines to be necessary to achieve the purposes of this section. (b) Proprietary information In preparing a report described in subsection (a), the Secretary shall ensure that— (1) no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person who supplied the information is not discernible and is not material to the intended uses of the information; (2) no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information; and (3) procedures are established to require the withholding of any information or data collected for the report if the Secretary determines that withholding is necessary to protect proprietary information, including any trade secrets or other confidential information. 808. Education and workforce (a) Workforce assessment Not later than 300 days after the date of enactment of this Act, the Secretary of Labor (in consultation with the Secretary of the Interior, the Director of the National Science Foundation, and employers in the critical minerals sector) shall submit to Congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral assessment, production, manufacturing, recycling, analysis, forecasting, education, and research, including an analysis of— (1) skills that are in the shortest supply as of the date of the assessment; (2) skills that are projected to be in short supply in the future; (3) the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce; (4) the effectiveness of training and education programs in addressing skills shortages; (5) opportunities to hire locally for new and existing critical mineral activities; (6) the sufficiency of personnel within relevant areas of the Federal Government for achieving the policy described in section 803(a); and (7) the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry. (b) Curriculum study (1) In general The Secretary and the Secretary of Labor shall jointly enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering under which the Academies shall coordinate with the National Science Foundation on conducting a study— (A) to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the United States to increase domestic, critical mineral exploration, development, and manufacturing; (B) to address undergraduate and graduate education, especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic, critical mineral exploration, development, and manufacturing; (C) to develop guidelines for proposals from institutions of higher education with substantial capabilities in the required disciplines to improve the critical mineral supply chain and advance the capacity of the United States to increase domestic, critical mineral exploration, development, and manufacturing; and (D) to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the grant program described in subsection (c). (2) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a description of the results of the study required under paragraph (1). (c) Grant program (1) Establishment The Secretary and the National Science Foundation shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive 4-year grants for— (A) startup costs for newly designated faculty positions in integrated critical mineral education, research, innovation, training, and workforce development programs consistent with subsection (b); (B) internships, scholarships, and fellowships for students enrolled in critical mineral programs; and (C) equipment necessary for integrated critical mineral innovation, training, and workforce development programs. (2) Renewal A grant under this subsection shall be renewable for up to 2 additional 3-year terms based on performance criteria outlined under subsection (b)(1)(D). 809. International cooperation (a) Establishment The Secretary of State, in coordination with the Secretary, shall carry out a program to promote international cooperation on critical mineral supply chain issues with allies of the United States. (b) Activities Under the program, the Secretary of State may work with allies of the United States— (1) to increase the global, responsible production of critical minerals, if a determination is made by the Secretary of State that there is no viable production capacity for the critical minerals within the United States; (2) to improve the efficiency and environmental performance of extraction techniques; (3) to increase the recycling of, and deployment of alternatives to, critical minerals; (4) to assist in the development and transfer of critical mineral extraction, processing, and manufacturing technologies that would have a beneficial impact on world commodity markets and the environment; (5) to strengthen and maintain intellectual property protections; and (6) to facilitate the collection of information necessary for analyses and forecasts conducted pursuant to section 807. 810. Repeal, authorization, and offset (a) Repeal (1) In general The National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.) is repealed. (2) Conforming amendment Section 3(d) of the National Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 5202(d)) is amended in the first sentence by striking , with the assistance of the National Critical Materials Council as specified in the National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),. (b) Authorization of appropriations There is authorized to be appropriated to carry out this title and the amendments made by this title $30,000,000. (c) Authorization offset Section 207(c) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17022(c)) is amended by inserting before the period at the end the following: , except that the amount authorized to be appropriated to carry out this section not appropriated as of the date of enactment of the Domestic Energy and Jobs Act shall be reduced by $30,000,000. IX Miscellaneous 901. Limitation on transfer of functions under the Solid Minerals Leasing Program The Secretary of the Interior may not transfer to the Office of Surface Mining Reclamation and Enforcement any responsibility or authority to perform any function performed on the day before the date of enactment of this Act under the solid minerals leasing program of the Department of the Interior, including— (1) any function under— (A) sections 2318 through 2352 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 21 et seq.); (B) the Act of July 31, 1947 (commonly known as the Materials Act of 1947) (30 U.S.C. 601 et seq.); (C) the Mineral Leasing Act (30 U.S.C. 181 et seq.); or (D) the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.); (2) any function relating to management of mineral development on Federal land and acquired land under section 302 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732); and (3) any function performed under the mining law administration program of the Bureau of Land Management. 902. Amount of distributed qualified Outer Continental Shelf revenues Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is amended by striking 2055 and inserting 2025, and shall not exceed $750,000,000 for each of fiscal years 2026 through 2055. 903. Lease Sale 220 and other lease sales off the coast of Virginia (a) Inclusion in leasing programs The Secretary of the Interior shall— (1) as soon as practicable after, but not later than 10 days after, the date of enactment of this Act, revise the proposed outer Continental Shelf oil and gas leasing program for the 2012–2017 period to include in the program Lease Sale 220 off the coast of Virginia; and (2) include the outer Continental Shelf off the coast of Virginia in the leasing program for each 5-year period after the 2012–2017 period. (b) Conduct of Lease Sale As soon as practicable, but not later than 1 year, after the date of enactment of this Act, the Secretary of the Interior shall carry out under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) Lease Sale 220. (c) Balancing military and energy production goals (1) Joint goals In recognition that the outer Continental Shelf oil and gas leasing program and the domestic energy resources produced under that program are integral to national security, the Secretary of the Interior and the Secretary of Defense shall work jointly in implementing this section— (A) to preserve the ability of the Armed Forces to maintain an optimum state of readiness through their continued use of energy resources of the outer Continental Shelf; and (B) to allow effective exploration, development, and production of the oil, gas, and renewable energy resources of the United States. (2) Prohibition on conflicts with military operations No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with— (A) the agreement entitled 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 (B) any revision to, or replacement of, the agreement described in subparagraph (A) that is agreed to by the Secretary of Defense and the Secretary of the Interior after July 20, 1983, but before the date of issuance of the lease under which the exploration, development, or production is conducted. (3) National defense areas The United States reserves the right to designate by and through the Secretary of Defense, with the approval of the President, national defense areas on the outer Continental Shelf under section 12(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)). 904. Limitation on authority to issue regulations modifying the stream zone buffer rule The Secretary of the Interior may not, before December 31, 2013, issue a regulation modifying the final rule entitled “Excess Spoil, Coal Mine Waste, and Buffers for Perennial and Intermittent Streams” (73 Fed. Reg. 75814 (December 12, 2008)).