S. 2071 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2071 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Begich introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish outer Continental Shelf lease and permit processing coordination offices, and for other purposes. 1. Short title This Act may be cited as the Outer Continental Shelf Permit Processing Coordination Act. 2. Definitions In this Act: (1) Coordination office The term coordination office means a regional joint outer Continental Shelf lease and permit processing coordination office established under section 3(a). (2) Secretary The term Secretary means the Secretary of the Interior. 3. Outer continental shelf permit processing coordination offices (a) Establishment The Secretary shall establish— (1) a regional joint outer Continental Shelf lease and permit processing coordination office for the Alaska region of the outer Continental Shelf; and (2) subject to subsection (c)— (A) a regional joint outer Continental Shelf lease and permit processing coordination office for the Atlantic region of the outer Continental Shelf; and (B) a regional joint outer Continental Shelf lease and permit processing coordination office for the Pacific region of the outer Continental Shelf. (b) 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 for the purposes of carrying out this section with— (A) the Secretary of Commerce; (B) the Chief of Engineers; (C) the Administrator of the Environmental Protection Agency; (D) the head of any other Federal agency that may have a role in permitting activities; and (E) in the case of the coordination office described in subsection (a)(1), the head of each borough government that is located adjacent to any active lease area. (2) State participation The Secretary shall request that the Governor of a State adjacent to the applicable outer Continental Shelf region be a signatory to the memorandum of understanding. (c) Date of establishment A coordination office described in subparagraph (A) or (B) of subsection (a)(2) shall not be established until the date on which a proposed lease sale is conducted for the Atlantic or Pacific region of the outer Continental Shelf, as applicable. (d) Designation of qualified staff (1) In general Each Federal signatory party shall, if appropriate, assign to each of the coordination offices an employee who has expertise in the regulatory issues administered by the office in which the employee is employed relating to leasing and the permitting of oil and gas activities on the outer Continental Shelf by the date that is— (A) in the case of the coordination office described in subsection (a)(1), not later than 30 days after the date of the signing of the memorandum of understanding relating to the applicable coordination office under subsection (b); or (B) in the case of a coordination office established under subsection (a)(2), not later than 30 days after the date of establishment of the applicable coordination office under subsection (c). (2) Duties An employee assigned under paragraph (1) shall— (A) not later than 90 days after the date of assignment, report to the applicable coordination office; (B) be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and (C) participate as part of the applicable team of personnel working on proposed oil and gas leasing and permitting, including planning and environmental analyses. (e) Transfer of funds For the purposes of coordination and processing of oil and gas use authorizations for the applicable outer Continental Shelf region, the Secretary may authorize the expenditure or transfer of such funds as are necessary to— (1) the Secretary of Commerce; (2) the Chief of Engineers; (3) the Administrator of the Environmental Protection Agency; (4) the head of any other Federal agency having a role in permitting activities; (5) any State adjacent to the applicable outer Continental Shelf region; and (6) in the case of the coordination office described in subsection (a)(1), the head of each borough government that is located adjacent to any active lease area. (f) Effect Nothing in this section— (1) authorizes the establishment of a regional joint outer Continental Shelf lease and permit processing coordination office for the Gulf of Mexico region of the outer Continental Shelf; (2) affects the operation of any Federal or State law; or (3) affects any delegation of authority made by the head of a Federal agency for employees that are assigned to a coordination office. (g) Funding (1) In general There is authorized to be appropriated $2,000,000 for the coordination office described in subsection (a)(1) for each of fiscal years 2015 through 2025, to remain available until expended. (2) Other coordination offices Notwithstanding any other provision of law— (A) of the amounts received by the Secretary from the sale of bonus bids in the Atlantic region of the outer Continental Shelf Continental Shelf region, $2,000,000 shall be made available for the applicable coordination office described in subsection (A)(2)(A) for the fiscal year; and (B) of the amounts received by the Secretary from the sale of bonus bids in the Pacific region of the outer Continental Shelf Continental Shelf region, $2,000,000 shall be made available for the applicable coordination office described in subsection (A)(2)(B) for the fiscal year. 4. Judicial review (a) Exclusive jurisdiction Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to review any claim relating to an action by the Administrator of the Environmental Protection Agency or the Secretary of the Interior with respect to the review, approval, denial, or issuance of an oil or natural gas lease or permit in the area of the outer Continental Shelf described in section 3(a)(1). (b) Deadline for filing claim A claim described in subsection (a) may be brought not later than 60 days after the date of the action giving rise to the claim. (c) Expedited consideration The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil and natural gas resources in the area of the outer Continental Shelf described in section 3(a)(1) that are needed to meet the anticipated demand for oil and natural gas.