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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8802 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8802
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 13, 2022
Mr. Grijalva (for himself, Mr. Lowenthal, Mr. Huffman, Ms. Porter, Ms.
DeGette, Mr. Levin of California, and Mr. McEachin) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
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.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Conservation and Forestry.
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