II 

117TH CONGRESS 

1ST SESSION S. 3214 

To promote domestic energy production, to require onshore oil and natural 

gas lease sales, development of renewable energy on public lands, and 

offshore oil and natural gas and wind lease sales, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2021 

Mr. DAINES (for himself, Mrs. HYDE-SMITH, Mr. MARSHALL, Ms. LUMMIS, 

and Mr. LANKFORD) introduced the following bill; which was read twice 

and referred to the Committee on Energy and Natural Resources 

A BILL 

To promote domestic energy production, to require onshore 

oil and natural gas lease sales, development of renewable 

energy on public lands, and offshore oil and natural 

gas and wind lease sales, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Supporting Made in 

5 America Renewable and Traditional Energy Act’’ or the 

6 ‘‘SMART Energy Act’’. 


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1 SEC. 2. OIL AND NATURAL GAS AND WIND LEASING; PRI2 ORITY AREAS FOR RENEWABLE ENERGY 

3 PROJECTS. 

4 (a) ONSHORE LEASE SALES AND RENEWABLE EN5 ERGY PROJECTS.— 

6 (1) REQUIREMENT TO IMMEDIATELY RESUME

7 ONSHORE AND OFFSHORE OIL AND GAS LEASE

8 SALES.— 

9 (A) IN GENERAL.—The Secretary of the 

10 Interior (referred to in this Act as the ‘‘Sec11 retary’’) shall immediately resume oil and gas 

12 lease sales in compliance with the Mineral Leas13 ing Act (30 U.S.C. 181 et seq.). 

14 (B) REQUIREMENT.—The Secretary shall 

15 ensure that any oil and gas lease sale under 

16 subparagraph (A) is conducted immediately on 

17 completion of all applicable scoping, public com18 ment, and environmental analysis requirements 

19 under the Mineral Leasing Act (30 U.S.C. 181 

20 et seq.) and the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4321 et seq.). 

22 (2) ANNUAL LEASE SALES.— 

23 (A) IN GENERAL.—Notwithstanding any 

24 other provision of law, in accordance with the 

25 Mineral Leasing Act (30 U.S.C. 181 et seq.), 

26 beginning in fiscal year 2022, the Secretary 


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1 shall conduct a minimum of 4 oil and natural 

2 gas lease sales annually in each of the following 

3 States: 

4 (i) Wyoming. 

5 (ii) New Mexico. 

6 (iii) Colorado. 

7 (iv) Utah. 

8 (v) Montana. 

9 (vi) North Dakota. 

10 (vii) Oklahoma. 

11 (viii) Nevada. 

12 (ix) Any other State in which there is 

13 land available for oil and natural gas leas14 ing under that Act. 

15 (B) REQUIREMENT.—In conducting a lease 

16 sale under subparagraph (A) in a State de17 scribed in that subparagraph, the Secretary 

18 shall offer all parcels eligible for oil and gas de19 velopment under the resource management plan 

20 in effect for the State. 

21 (C) REPLACEMENT SALES.—If, for any 

22 reason, a lease sale under subparagraph (A) for 

23 a calendar year is canceled, delayed, or de24 ferred, including for a lack of eligible parcels, 


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1 the Secretary shall conduct a replacement sale 

2 during the same calendar year. 

3 (3) PRIORITY AREAS FOR GEOTHERMAL, SOLAR, 

4 AND WIND ENERGY PROJECTS.—Not later than 2 

5 years after the date of enactment of this Act, the 

6 Secretary, in consultation with the Secretary of En7 ergy, shall establish priority areas on public lands 

8 (as defined in section 103 of the Federal Land Pol9 icy and Management Act of 1976 (43 U.S.C. 1702)) 

10 for geothermal, solar, and wind energy projects, con11 sistent with— 

12 (A) the principles of multiple use (as de13 fined in that section); and 

14 (B) the national goals for renewable energy 

15 production established pursuant to section 3104 

16 of the Energy Act of 2020 (43 U.S.C. 3004), 

17 including the minimum production goal de18 scribed in subsection (b) of that section. 

19 (b) OFFSHORE LEASE SALES.— 

20 (1) IN GENERAL.—The Secretary shall conduct 

21 all lease sales described in the 2017–2022 Outer 

22 Continental Shelf Oil and Gas Leasing Proposed 

23 Final Program (November 2016) that have not been 

24 conducted as of the date of enactment of this Act by 

25 not later than December 31, 2022. 


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1 (2) GULF OF MEXICO REGION ANNUAL LEASE

2 SALES.—Notwithstanding any other provision of law, 

3 beginning in fiscal year 2022, the Secretary shall 

4 conduct a minimum of 2 region-wide oil and natural 

5 gas lease sales annually in the Gulf of Mexico Re6 gion of the outer Continental Shelf, which shall in7 clude the following areas described in the 2017– 

8 2022 Outer Continental Shelf Oil and Gas Leasing 

9 Proposed Final Program (November 2016): 

10 (A) The Central Gulf of Mexico Planning 

11 Area. 

12 (B) The Western Gulf of Mexico Planning 

13 Area. 

14 (3) ALASKA REGION ANNUAL LEASE SALES.— 

15 Notwithstanding any other provision of law, begin16 ning in fiscal year 2022, the Secretary shall conduct 

17 a minimum of 2 region-wide oil and natural gas 

18 lease sales annually in the Alaska Region of the 

19 outer Continental Shelf, as described in the 2017– 

20 2022 Outer Continental Shelf Oil and Gas Leasing 

21 Proposed Final Program (November 2016). 

22 (4) ATLANTIC REGION AND PACIFIC REGION

23 ANNUAL LEASE SALES.— 

24 (A) IN GENERAL.—The Secretary shall im25 mediately review and make proposals for the 


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1 offshore wind leasing program for the Atlantic 

2 and Pacific Regions of the outer Continental 

3 Shelf in order to reach the goal of conducting 

4 a minimum of 2 region-wide wind lease sales 

5 annually in each of the Atlantic and Pacific Re6 gions of the outer Continental Shelf. 

7 (B) REQUIREMENT.—The Secretary shall 

8 ensure that the proposals for offshore wind 

9 leasing under subparagraph (A) take into con10 sideration the locally affected coastal commu11 nities. 

12 (5) REQUIREMENTS.—In conducting lease sales 

13 under paragraphs (2), (3), and (4), the Secretary 

14 shall— 

15 (A) issue leases to the highest responsible 

16 qualified bidder or bidders; and 

17 (B) include in each lease sale all unleased 

18 areas that are not subject to restrictions as of 

19 the date of the lease sale. 

20 (6) OUTER CONTINENTAL SHELF OIL AND GAS

21 LEASING PROGRAM.—Section 18 of the Outer Conti22 nental Shelf Lands Act (43 U.S.C. 1344) is amend23 ed— 

24 (A) in subsection (a), in the first sentence 

25 of the matter preceding paragraph (1), by strikVerDate Sep 11 2014 05:48 Nov 18, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3214.IS S3214

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1 ing ‘‘subsections (c) and (d) of this section’’ 

2 and inserting ‘‘subsections (c) through (f)’’; 

3 (B) by redesignating subsections (f) 

4 through (h) as subsections (g) through (i), re5 spectively; and 

6 (C) by inserting after subsection (e) the 

7 following: 

8 ‘‘(f) SUBSEQUENT LEASING PROGRAMS.— 

9 ‘‘(1) IN GENERAL.—Not later than 36 months 

10 after conducting the first lease sale under an oil and 

11 gas leasing program prepared pursuant to this sec12 tion, the Secretary shall begin preparing the subse13 quent oil and gas leasing program under this sec14 tion. 

15 ‘‘(2) REQUIREMENT.—Each subsequent oil and 

16 gas leasing program under this section shall be ap17 proved not later than 180 days before the expiration 

18 of the previous oil and gas leasing program.’’. 

19 (c) PROHIBITION.— 

20 (1) IN GENERAL.—The President shall not, 

21 through Executive order or any other administrative 

22 procedure, unreasonably pause, cancel, delay, defer, 

23 or otherwise impede or circumvent the Federal en24 ergy mineral leasing processes under the Mineral 

25 Leasing Act (30 U.S.C. 181 et seq.) or the Outer 


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1 Continental Shelf Lands Act (43 U.S.C. 1331 et 

2 seq.) or a related rulemaking process required by 

3 subchapter II of chapter 5, and chapter 7, of title 

4 5, United States Code (commonly known as the 

5 ‘‘Administrative Procedure Act’’), without Congres6 sional approval. 

7 (2) REBUTTABLE PRESUMPTION.—There shall 

8 be a rebuttable presumption that any attempt by the 

9 President to pause, cancel, delay, defer, or otherwise 

10 impede or circumvent any Federal energy mineral 

11 leasing process under the Mineral Leasing Act (30 

12 U.S.C. 181 et seq.) or the Outer Continental Shelf 

13 Lands Act (43 U.S.C. 1331 et seq.) or a related 

14 rulemaking process required by subchapter II of 

15 chapter 5, and chapter 7, of title 5, United States 

16 Code (commonly known as the ‘‘Administrative Pro17 cedure Act’’), without Congressional approval, is a 

18 violation of the applicable law. 

19 SEC. 3. REQUIREMENT TO SUBMIT DOCUMENTS AND COM20 MUNICATIONS. 

21 (a) IN GENERAL.—Not later than 60 days after the 

22 date of enactment of this Act, the Secretary shall submit 

23 to the Committee on Energy and Natural Resources of 

24 the Senate and the Committee on Natural Resources of 

25 the House of Representatives all documents and commuVerDate Sep 11 2014 05:48 Nov 18, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3214.IS S3214

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1 nications relating to the comprehensive review of Federal 

2 oil and gas permitting and leasing practices required 

3 under section 208 of Executive Order 14008 (86 Fed. 

4 Reg. 7624 (February 1, 2021); relating to tackling the 

5 climate crisis at home and abroad). 

6 (b) INCLUSIONS.—The submission under subsection 

7 (a) shall include all documents and communications sub8 mitted to the Secretary by members of the public in re9 sponse to any public meeting or forum relating to the com10 prehensive review described in that subsection. 

Æ 


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