Title: SMART Energy Act
Policy area: Energy

Summary:
Supporting Made in America Renewable and Traditional Energy Act or the SMART Energy Act
This bill directs the Department of the Interior to (1) conduct certain sales of leases of onshore and offshore federal land for the development of oil and gas; (2) establish priority areas for geothermal, solar, and wind energy projects on federal lands; and (3) review and make proposals for leasing federal offshore land for wind energy projects in the Atlantic and Pacific Regions of the outer Continental Shelf. The bill also limits delays on federal oil and gas leases.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3214 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supporting Made in America Renewable 
and Traditional Energy Act'' or the ``SMART Energy Act''.

SEC. 2. OIL AND NATURAL GAS AND WIND LEASING; PRIORITY AREAS FOR 
              RENEWABLE ENERGY PROJECTS.

    (a) Onshore Lease Sales and Renewable Energy Projects.--
            (1) Requirement to immediately resume onshore and offshore 
        oil and gas lease sales.--
                    (A) In general.--The Secretary of the Interior 
                (referred to in this Act as the ``Secretary'') shall 
                immediately resume oil and gas lease sales in 
                compliance with the Mineral Leasing Act (30 U.S.C. 181 
                et seq.).
                    (B) Requirement.--The Secretary shall ensure that 
                any oil and gas lease sale under subparagraph (A) is 
                conducted immediately on completion of all applicable 
                scoping, public comment, and environmental analysis 
                requirements under the Mineral Leasing Act (30 U.S.C. 
                181 et seq.) and the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.).
            (2) Annual lease sales.--
                    (A) In general.--Notwithstanding any other 
                provision of law, in accordance with the Mineral 
                Leasing Act (30 U.S.C. 181 et seq.), beginning in 
                fiscal year 2022, the Secretary shall conduct a minimum 
                of 4 oil and natural gas lease sales annually in each 
                of the following States:
                            (i) Wyoming.
                            (ii) New Mexico.
                            (iii) Colorado.
                            (iv) Utah.
                            (v) Montana.
                            (vi) North Dakota.
                            (vii) Oklahoma.
                            (viii) Nevada.
                            (ix) Any other State in which there is land 
                        available for oil and natural gas leasing under 
                        that Act.
                    (B) Requirement.--In conducting a lease sale under 
                subparagraph (A) in a State described in that 
                subparagraph, the Secretary shall offer all parcels 
                eligible for oil and gas development under the resource 
                management plan in effect for the State.
                    (C) Replacement sales.--If, for any reason, a lease 
                sale under subparagraph (A) for a calendar year is 
                canceled, delayed, or deferred, including for a lack of 
                eligible parcels, the Secretary shall conduct a 
                replacement sale during the same calendar year.
            (3) Priority areas for geothermal, solar, and wind energy 
        projects.--Not later than 2 years after the date of enactment 
        of this Act, the Secretary, in consultation with the Secretary 
        of Energy, shall establish priority areas on public lands (as 
        defined in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702)) for geothermal, solar, 
        and wind energy projects, consistent with--
                    (A) the principles of multiple use (as defined in 
                that section); and
                    (B) the national goals for renewable energy 
                production established pursuant to section 3104 of the 
                Energy Act of 2020 (43 U.S.C. 3004), including the 
                minimum production goal described in subsection (b) of 
                that section.
    (b) Offshore Lease Sales.--
            (1) In general.--The Secretary shall conduct all lease 
        sales described in the 2017-2022 Outer Continental Shelf Oil 
        and Gas Leasing Proposed Final Program (November 2016) that 
        have not been conducted as of the date of enactment of this Act 
        by not later than December 31, 2022.
            (2) Gulf of mexico region annual lease sales.--
        Notwithstanding any other provision of law, beginning in fiscal 
        year 2022, the Secretary shall conduct a minimum of 2 region-
        wide oil and natural gas lease sales annually in the Gulf of 
        Mexico Region of the outer Continental Shelf, which shall 
        include the following areas described in the 2017-2022 Outer 
        Continental Shelf Oil and Gas Leasing Proposed Final Program 
        (November 2016):
                    (A) The Central Gulf of Mexico Planning Area.
                    (B) The Western Gulf of Mexico Planning Area.
            (3) Alaska region annual lease sales.--Notwithstanding any 
        other provision of law, beginning in fiscal year 2022, the 
        Secretary shall conduct a minimum of 2 region-wide oil and 
        natural gas lease sales annually in the Alaska Region of the 
        outer Continental Shelf, as described in the 2017-2022 Outer 
        Continental Shelf Oil and Gas Leasing Proposed Final Program 
        (November 2016).
            (4) Atlantic region and pacific region annual lease 
        sales.--
                    (A) In general.--The Secretary shall immediately 
                review and make proposals for the offshore wind leasing 
                program for the Atlantic and Pacific Regions of the 
                outer Continental Shelf in order to reach the goal of 
                conducting a minimum of 2 region-wide wind lease sales 
                annually in each of the Atlantic and Pacific Regions of 
                the outer Continental Shelf.
                    (B) Requirement.--The Secretary shall ensure that 
                the proposals for offshore wind leasing under 
                subparagraph (A) take into consideration the locally 
                affected coastal communities.
            (5) Requirements.--In conducting lease sales under 
        paragraphs (2), (3), and (4), the Secretary shall--
                    (A) issue leases to the highest responsible 
                qualified bidder or bidders; and
                    (B) include in each lease sale all unleased areas 
                that are not subject to restrictions as of the date of 
                the lease sale.
            (6) Outer continental shelf oil and gas leasing program.--
        Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1344) is amended--
                    (A) in subsection (a), in the first sentence of the 
                matter preceding paragraph (1), by striking 
                ``subsections (c) and (d) of this section'' and 
                inserting ``subsections (c) through (f)'';
                    (B) by redesignating subsections (f) through (h) as 
                subsections (g) through (i), respectively; and
                    (C) by inserting after subsection (e) the 
                following:
    ``(f) Subsequent Leasing Programs.--
            ``(1) In general.--Not later than 36 months after 
        conducting the first lease sale under an oil and gas leasing 
        program prepared pursuant to this section, the Secretary shall 
        begin preparing the subsequent oil and gas leasing program 
        under this section.
            ``(2) Requirement.--Each subsequent oil and gas leasing 
        program under this section shall be approved not later than 180 
        days before the expiration of the previous oil and gas leasing 
        program.''.
    (c) Prohibition.--
            (1) In general.--The President shall not, through Executive 
        order or any other administrative procedure, unreasonably 
        pause, cancel, delay, defer, or otherwise impede or circumvent 
        the Federal energy mineral leasing processes under the Mineral 
        Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1331 et seq.) or a related 
        rulemaking process required by subchapter II of chapter 5, and 
        chapter 7, of title 5, United States Code (commonly known as 
        the ``Administrative Procedure Act''), without Congressional 
        approval.
            (2) Rebuttable presumption.--There shall be a rebuttable 
        presumption that any attempt by the President to pause, cancel, 
        delay, defer, or otherwise impede or circumvent any Federal 
        energy mineral leasing process under the Mineral Leasing Act 
        (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1331 et seq.) or a related rulemaking process 
        required by subchapter II of chapter 5, and chapter 7, of title 
        5, United States Code (commonly known as the ``Administrative 
        Procedure Act''), without Congressional approval, is a 
        violation of the applicable law.

SEC. 3. REQUIREMENT TO SUBMIT DOCUMENTS AND COMMUNICATIONS.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Natural Resources 
of the House of Representatives all documents and communications 
relating to the comprehensive review of Federal oil and gas permitting 
and leasing practices required under section 208 of Executive Order 
14008 (86 Fed. Reg. 7624 (February 1, 2021); relating to tackling the 
climate crisis at home and abroad).
    (b) Inclusions.--The submission under subsection (a) shall include 
all documents and communications submitted to the Secretary by members 
of the public in response to any public meeting or forum relating to 
the comprehensive review described in that subsection.
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