Sec. 7. Energy poverty study required for certain Executive action
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Notwithstanding any other provision of law, the President or a designee of the President may only carry out an activity described in subsection
(b)if the Secretary of the Interior has fulfilled the requirements described in subsection
(c)with respect to such activity. An activity, as referred to in subsection (a), is one or more of the following: Declaration of a moratorium on the leasing of Federal lands for the drilling, mining, or collection of oil, gas, or coal, or related activities unless such moratorium is authorized by Federal statute. An action that would prohibit or substantially delay, with respect to Federal land, the issuance of— a new oil and gas lease, drill permit, approval, or authorization; a new coal lease, permit, approval, or authorization; or a new hard rock (including the list of critical minerals published in the notice of the Secretary of the Interior entitled Final List of Critical Minerals 2018 (83 Fed. Reg. 23295 (May 18, 2018))) lease, permit, approval, or authorization. Withdrawal of Federal land from— forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; or disposition under laws pertaining to mineral and geothermal leasing or mineral materials. To fulfill the requirements described in subsection
(a)with regard to an activity described in subsection (b), the Secretary of the Interior shall— conduct a study to determine if the activity, relative to the general population, is likely to— impose disproportionate costs on at-risk communities; or increase the likelihood that at-risk communities will experience energy poverty and job losses; publish such study on a public website of the Department of the Interior; and transmit a report on such study to Congress. Subject to paragraph (3), upon request from an entity described in paragraph (2), a lead Federal department or agency responsible for leasing or permitting an energy or mineral development project, pipeline project, or transmission project on Federal land, in consultation with any other Federal department or agency with jurisdiction over such project, shall conduct a study relating to how such project is likely to alleviate energy poverty in at-risk communities, including by— creating jobs; reducing energy prices; and other relevant measures identified by the lead Federal department or agency or the requestor the study. The following entities may compel a study by request under paragraph (1): The sponsor of the energy or mineral project, pipeline project, or transmission project on Federal land regarding which the study is being conducted. A State or local government. An Indian Tribe. An entity determined appropriate by the lead agency for the relevant project. The lead Federal department or agency with respect to the project to be studied under paragraph
(1)may not begin the study until that lead Federal department or agency has entered into a memorandum of understanding with the requestor of the study. A memorandum of understanding entered into under this paragraph shall include— an agreement regarding a neutral third party to conduct the study; a determination of what entity (with the consent of that entity) will bear the cost of the study, which may include stakeholders other than the requestor; and such other aspects of the study that the lead Federal department or agency and the requestor consider appropriate.
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- 83 FR 23295
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Sec. 7
Energy poverty study required for certain Executive action
Fed. Reg.83 FR 23295
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