II 117th CONGRESS 1st Session S. 3214 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. Short title This Act may be cited as the Supporting Made in America Renewable and Traditional Energy Act or the SMART Energy Act . 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. 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.