Public Lands and Waters Climate Leadership Act of 2022
Bill: H.R.8802 | Sponsor: Rep. Grijalva, Raúl M. (D-AZ)
Policy area: Public Lands and Natural Resources

Summary:
Public Lands and Waters Climate Leadership Act of 2022
This bill addresses greenhouse gas emissions, including by restricting fossil fuel leasing and permitting on public lands.

To require the Secretary of the Interior and the Chief of the Forest 
    Service to align management of public lands and waters with the 
  President's greenhouse gas emission reduction goals, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Public Lands and 
Waters Climate Leadership Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is the 
following:

Sec. 1. Short title and table of contents.
Sec. 2. Public lands and waters energy and climate policy.
Sec. 3. Alignment of Federal fossil fuel development with climate 
                            change targets.
Sec. 4. Emissions reduction strategy for public lands and waters.
Sec. 5. Climate test screening tool and conditions.
Sec. 6. Online publication of greenhouse gas emissions.
Sec. 7. Accounting for carbon pollution in fossil fuel fiscal terms.
Sec. 8. Definitions.

SEC. 2. PUBLIC LANDS AND WATERS ENERGY AND CLIMATE POLICY.

    It is the policy of the United States that--
            (1) the United States should aggressively reduce greenhouse 
        gas emissions to achieve the Biden administration's climate 
        change commitments which align with the Intergovernmental Panel 
        on Climate Change (IPCC) pathway for a 66-percent chance of 
        avoiding 1.5 degrees Celsius warming, and should harness the 
        full potential of America's public lands and waters to help 
        deliver on these critical emission reduction goals;
            (2) public lands should be managed to rapidly reduce 
        greenhouse gas emissions and co-pollutant emissions and to 
        respond to unavoidable impacts of climate change through 
        increased resilience of ecosystems and wildlife habitats;
            (3) the protection of ocean ecosystems is vital to 
        promoting ocean health and increasing resilience to climate 
        change, and conservation of United States marine resources is 
        one of the best ways to remove carbon dioxide from the 
        atmosphere;
            (4) energy development and production decisions on public 
        lands and oceans should be guided by the goals of--
                    (A) protecting human well-being, biodiversity, and 
                the environment for present and future generations;
                    (B) avoiding the most harmful impacts of climate 
                change;
                    (C) promoting a rapid, sustainable, just, and 
                equitable transition to a clean energy economy; and
                    (D) preserving natural carbon storage sinks;
            (5) Tribal nations and environmental justice communities 
        are more vulnerable to the direct and indirect effects of 
        emissions from public lands and oceans and often have the least 
        resources to respond; thus, they should be meaningfully engaged 
        in government decision making as our Nation reduces emissions 
        from public lands and oceans and builds its climate resilience 
        against the effects of those emissions;
            (6) achieving 2030, 2035, and 2050 United States greenhouse 
        gas emissions reduction targets established by the Biden 
        administration are critical to prevent the worst impacts of 
        climate change from occurring; and
            (7) the Secretary of the Interior holds existing expansive 
        legal authority to reduce or eliminate fossil fuel leasing and 
        production, and otherwise reduce greenhouse gas emissions from 
        public lands and waters and address climate change, including 
        Article IV, section 3, clause 2 or the Constitution (commonly 
        referred to as the ``property clause''), the Mineral Leasing 
        Act, the Outer Continental Shelf Lands Act, and the Federal 
        Land Policy and Management Act of 1976.

SEC. 3. ALIGNMENT OF FEDERAL FOSSIL FUEL DEVELOPMENT WITH CLIMATE 
              CHANGE TARGETS.

    The Secretary--
            (1) shall manage public lands and waters to minimize and 
        mitigate greenhouse gas emissions and adapt to climate change; 
        and
            (2) may not hold new lease sales for coal, oil, natural 
        gas, oil shale, or tar sands, or approve new fossil fuel 
        permits or infrastructure, until the Secretary, in coordination 
        with the Chief, develops and releases, in accordance with all 
        applicable laws, a public report and action plan, as required 
        under section 4, that ensures that lifecycle greenhouse gas 
        emissions from any new fossil fuel leasing and permitting on 
        public lands and waters is consistent with--
                    (A) reducing net United States greenhouse gas 
                emissions by 50 to 52 percent from 2005 levels by 2030;
                    (B) achieving 100 percent carbon-free United States 
                electricity by 2035; and
                    (C) achieving net-zero emissions from the entire 
                United States economy by 2050.

SEC. 4. EMISSIONS REDUCTION STRATEGY FOR PUBLIC LANDS AND WATERS.

    (a) Requirement To Publish Emissions Reduction Strategy.--The 
Secretary and the Chief, working with the heads of other Federal 
agencies as the Secretary and Chief determine appropriate, shall 
jointly develop, publish, implement, and update an Emissions Reduction 
Strategy for Public Lands and Waters once every 3 years that--
            (1) covers the lifecycle greenhouse gas emissions resulting 
        from fossil fuels produced on public lands and waters; and
            (2) includes emission reduction goals for the intervening 
        years between the 2030, 2035, and 2050 climate targets 
        identified in section 3.
    (b)(1) Resumption of Leasing and Permitting.--The Secretary may 
hold new lease sales and issue new fossil fuel permits over the 
following 3 years until a new Emissions Reduction Strategy for Public 
Lands and Waters is required to be published if the Secretary--
            (A) finds substantial progress toward compliance with the 
        most recent Emissions Reduction Strategy;
            (B) finds that lifecycle emissions from new fossil fuel 
        leasing and permitting on public lands and waters is consistent 
        with achieving the climate targets established in section 3; 
        and
            (C) publishes a determination that the most current 
        Emissions Reduction Strategy will be complied with.
    (2) Consistency With Existing Development Procedures.--Nothing in 
this section shall preempt or alter other requirements for lease sales 
and fossil fuel permits, including provisions under the Outer 
Continental Shelf Lands Act, the Mineral Leasing Act, the National 
Environmental Policy Act of 1969, and the Federal Land Policy and 
Management Act of 1976.
    (c) Public Comment Period.--Not less than 4 months before the date 
of publication of the first Emissions Reduction Strategy and each 
subsequent Emissions Reduction Strategy, the Secretary and the Chief 
shall jointly publish a draft of the Emissions Reduction Strategy which 
shall be open for public comment for 60 days.
    (d) Consultations Required.--In developing each Emissions Reduction 
Strategy, the Secretary and the Chief shall consult with--
            (1) the Director of the United States Geological Survey 
        with regard to the estimated lifecycle emissions associated 
        with fossil fuels produced from public lands, the source of the 
        emissions, and the carbon sequestration potential of those 
        lands;
            (2) the Administrator of the Environmental Protection 
        Agency with regard to--
                    (A) carbon management techniques intended to 
                minimize the environmental impacts of fossil fuels; and
                    (B) the implications for and the impacts on 
                environmental justice communities;
            (3) the Chair of the Council on Environmental Quality with 
        regard to the implications for and the cumulative impacts on 
        environmental justice communities;
            (4) the Administrator of the National Oceanic and 
        Atmospheric Administration with regard to strategies to protect 
        and strengthen the carbon sequestration potential of ocean and 
        coastal ecosystems; and
            (5) the Director of the United States Fish and Wildlife 
        Service and the Administrator of the National Oceanic and 
        Atmospheric Administration with regard to protection of 
        ecosystem services and the survival and recovery of species 
        listed as threatened or endangered under the Endangered Species 
        Act of 1973 for which climate change is a primary threat.
    (e) Input.--In developing each Emissions Reduction Strategy, the 
Secretary and the Chief shall solicit the input of--
            (1) federally recognized Indian Tribes;
            (2) Native Hawaiians;
            (3) Alaskan Native Tribes;
            (4) State Governors;
            (5) scientists and technical experts within the United 
        States Global Change Research Program and other government and 
        independent science and policy experts;
            (6) Indigenous groups;
            (7) labor unions; and
            (8) nonprofit organizations.
    (f) Incorporating Input From Environmental Justice Communities.--
            (1) Outreach to environmental justice communities.--In 
        developing each Emissions Reduction Strategy, the Secretary and 
        the Chief shall hold at least 5 public meetings in 
        geographically diverse regions of the country experiencing an 
        array of climate change threats to gather public input and 
        provide meaningful community involvement opportunities with 
        respect to the implementation of and the updating of the 
        Strategy and efforts of the Department of the Interior and the 
        Forest Service to reduce greenhouse gas emissions and co-
        pollutant emissions.
            (2) Notice.--Notice for the meetings described in paragraph 
        (1) shall be provided--
                    (A) to applicable representative entities or 
                organizations present in the environmental justice 
                community, including--
                            (i) local religious organizations;
                            (ii) civic associations and organizations;
                            (iii) business associations of people of 
                        color;
                            (iv) environmental and environmental 
                        justice organizations;
                            (v) homeowners', tenants', and neighborhood 
                        watch groups;
                            (vi) local and Tribal Governments;
                            (vii) rural cooperatives;
                            (viii) business and trade organizations;
                            (ix) community and social service 
                        organizations;
                            (x) universities, colleges, and vocational 
                        schools;
                            (xi) labor organizations;
                            (xii) civil rights organizations;
                            (xiii) senior citizens' groups; and
                            (xiv) public health agencies and clinics;
                    (B) through communication methods that are 
                accessible in the applicable environmental justice 
                community, which may include electronic media, 
                newspapers, radio, and other media particularly 
                targeted at communities of color, low-income 
                communities, and Tribal and Indigenous communities; and
                    (C) at least 30 days before any such meeting.
            (3) Communication methods and requirements.--The Secretary 
        and the Chief shall--
                    (A) provide translations of any documents made 
                available to the public pursuant to this section in any 
                language spoken by more than 5 percent of the 
                population residing within the applicable environmental 
                justice community, and make available translation 
                services for meetings upon request; and
                    (B) not require members of the public to produce a 
                form of identification or register their names, provide 
                other information, complete a questionnaire, or 
                otherwise fulfill any condition precedent to attending 
                a meeting, but if an attendance list, register, 
                questionnaire, or other similar document is utilized 
                during meetings, it shall state clearly that the 
                signing, registering, or completion of the document is 
                voluntary.
            (4) Required attendance of certain employees.--In holding a 
        public meeting under paragraph (1), the Secretary shall ensure 
        that at least 1 employee of the Department of the Interior at 
        the level of Assistant Secretary is present at the meeting to 
        serve as a representative of the Department of the Interior.
    (g) Considerations.--In developing the Strategy, the Secretary and 
the Chief shall consider the following:
            (1) The relative economic resiliency of United States 
        communities, including the proportion of State budgets directly 
        derived from Federal energy revenues, and if available, any 
        plans to replace such lost revenue, to the phaseout of fossil 
        fuels and the varying abilities of communities to cope with any 
        changes that would be mandated by this Strategy.
            (2) The immediate and long-term benefits to States and 
        communities that will result from the Strategy and avoiding the 
        worst effects of climate change.
            (3) How changes to Federal oil and gas permitting and 
        leasing procedures may result in a reduction of emissions from 
        public lands.
            (4) All direct and indirect greenhouse gas emissions from 
        existing fossil fuel leases on public lands and waters.
            (5) The potential for public lands and waters to generate 
        and support carbon-free energy, including wind, solar, and 
        geothermal projects.
            (6) Costs borne by the Department of the Interior, the 
        National Oceanic and Atmospheric Administration, and the Forest 
        Service mitigating climate change-amplified natural resource 
        impacts on Federal public lands and waters, including, but not 
        limited to, wildfires, droughts, floods, riverflow declines, 
        invasive species, and threatened and endangered species 
        recovery.
    (h) Publication of Contents of Final Strategy on Online 
Dashboard.--The Secretary shall publish the contents of each final 
Emissions Reduction Strategy on an online public dashboard, which shall 
include--
            (1) the scientific evidence, documents, reports, and 
        materials used in the development of the Emissions Reduction 
        Strategy;
            (2) identification of the progress made toward meeting 
        goals of reducing emissions from public lands and waters;
            (3) the actions the Secretary and the Chief have taken and 
        intend to take over the next 3 years to help achieve the 
        climate change targets under section 3; and
            (4) all public comments received during the 60-day comment 
        period required by subsection (c).
    (i) Compliance With the Administrative Procedure Act.--Each 
Emissions Reduction Strategy shall be considered a final agency action 
subject to the Administrative Procedure Act.

SEC. 5. CLIMATE TEST SCREENING TOOL AND CONDITIONS.

    (a) In General.--If the Secretary determines that fossil fuel 
leasing or permitting can resume on public lands and waters, pursuant 
to section 4(b), any such activity shall first be subjected to a 
climate screening policy before approval in order to test whether the 
proposal is individually consistent with the most recent Emissions 
Reduction Strategy and the conditions underlying the Secretary's 
determination in that Emissions Reduction Strategy. Conditions the 
Secretary must consider in a climate screening tool include, at a 
minimum--
            (1) whether the mass of lifecycle greenhouse gas emissions 
        associated with any proposed leasing action, including lease 
        sales and the issuance of resource management plans, is 
        consistent with defined pathways for meeting climate targets; 
        and
            (2) whether production pursuant to such leasing action 
        would remain economically viable in a market that presumes that 
        climate targets in section 3 will be met.
    (b) Regulations.--Not later than 180 days after of the enactment of 
this Act, the Secretary shall adopt regulations establishing a climate 
test screening tool that describes the process and framework for 
carrying out the climate screening policy established in subsection 
(a).
    (c) Required Rejection Criteria.--The Secretary shall reject any 
proposed fossil fuel leasing or permitting action that does not satisfy 
the assessment set out in subsection (a).

SEC. 6. ONLINE PUBLICATION OF GREENHOUSE GAS EMISSIONS.

    (a) In General.--The Secretary shall make freely available on a 
public website, with respect to the previous year--
            (1) information that describes for each fossil fuel 
        operation that is subject to the mineral leasing laws or title 
        III or V of the Federal Land Policy and Management Act of 1976, 
        regardless of size, including production, storage, gathering, 
        processing, transportation, and handling operations--
                    (A) the aggregate amount of each fossil fuel, by 
                type and by State, produced on Federal leases; and
                    (B) for gas reported, the portion and source of 
                such amount that was released or disposed of by each of 
                venting, flaring, and fugitive release; and
            (2) information that describes the amount and sources of 
        energy, in delivered megawatt hours, produced from operating 
        solar, wind, and geothermal projects on public lands under 
        lease for the production of renewable energy.
    (b) Format.--Information made available under this section shall be 
presented in a format that translates such amounts and portions into 
emissions of metric tons of greenhouse gases expressed in carbon 
dioxide equivalent using both the 20-year and 100-year Global Warming 
Potential-weighted emission values.
    (c) Data Publication Frequency.--The data made available under this 
section shall be updated at least annually.

SEC. 7. ACCOUNTING FOR CARBON POLLUTION IN FOSSIL FUEL FISCAL TERMS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall reform fossil fuel fiscal 
terms to--
            (1) account for damages to the climate resulting from 
        Federal fossil fuel production; and
            (2) ensure that fiscal terms under the Department of the 
        Interior's jurisdiction are consistent with the most recent 
        Emissions Reduction Strategy.
    (b) Terms.--Fiscal terms shall include collecting annual, 
nonrefundable severance fees on fossil fuels produced from new leases 
on public lands.
    (c) Use of Revenues.--Revenues from the severance fees established 
under subsection (b) shall be used by the Secretary to financially 
support States that use revenues from Federal fossil fuel leasing and 
production if such government uses such revenues to diversify their 
economies to reduce their reliance on coal, oil, and gas.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Chief.--The term ``Chief'' means the Secretary of 
        Agriculture, acting through the Chief of the Forest Service.
            (2) Co-pollutant.--The term ``co-pollutant'' means air 
        pollutants, as defined by the Environmental Protection Agency, 
        including volatile organic compounds and hazardous air 
        pollutants that may be commingled and coemitted with greenhouse 
        gases.
            (3) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and Indigenous communities, that 
        experiences, or is at risk of experiencing, higher or more 
        adverse human health or environmental effects.
            (4) Flaring.--The term ``flaring'' means the intentional 
        and controlled burning of gas that occurs in the course of oil 
        and gas or coal operations.
            (5) Fossil fuel.--The term ``fossil fuel'' means coal, 
        petroleum, natural gas, tar sands, oil shale, or any derivative 
        of coal, petroleum, or natural gas.
            (6) Fugitive release.--The term ``fugitive release'' means 
        the unintentional and uncontrolled release of gas into the 
        atmosphere in the course of oil and gas or coal operations.
            (7) Global warming potential-weighted emission.--The term 
        ``Global Warming Potential-weighted emission'' means the ratio 
        of the time-integrated radiative forcing from the instantaneous 
        release of 1 kilogram of a trace substance relative to that of 
        1 kilogram of carbon dioxide, measured in metric tons of carbon 
        dioxide equivalent for each greenhouse gas according to the 
        most recent, and any subsequent, decisions by the 
        Intergovernmental Panel on Climate Change regarding global 
        warming potentials.
            (8) Greenhouse gas.--The term ``greenhouse gas'' means--
                    (A) carbon dioxide;
                    (B) methane;
                    (C) nitrous oxide;
                    (D) hydrofluorocarbons;
                    (E) perfluorocarbons;
                    (F) sulfur hexafluoride; or
                    (G) any other anthropogenically emitted gas that is 
                determined by the Administrator of the Environmental 
                Protection Agency, after notice and comment, to 
                contribute to global warming to a nonnegligible degree.
            (9) Public land.--The term ``public land'' means any land 
        and interest in land owned by the United States within the 
        several States or the District of Columbia and administered by 
        the Secretary or the Chief, without regard to how the United 
        States acquired ownership, including lands located on the Outer 
        Continental Shelf, but excluding lands held in trust for an 
        Indian or Indian Tribe.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) Emissions reduction strategy.--The term ``Emissions 
        Reduction Strategy'' means the Emissions Reduction Strategy for 
        Public Lands and Waters required to be developed and published 
        under section 4.
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