Sec. 5. Executive action supporting at-risk communities
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For purposes of section 402 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 653 ), the Director of the Congressional Budget Office shall include, for any bill or resolution that may result in an agency action affecting energy poverty, including the proposal of an energy rule, an estimate of how the bill or resolution will affect the cost of energy for at-risk communities. In this subsection: The term activity means— a declaration of a moratorium on the leasing of Federal land for the drilling, mining, or collection of oil, gas, or coal, or related activities unless such moratorium is authorized by Federal statute; and an action, including non-action with respect to an action directed to be carried out by statute or regulation, that would prohibit or substantially delay, with respect to Federal land— the issuance of— new oil and gas lease sales, oil and gas leases, drill permits, or associated approvals, or authorizations of any kind associated with oil and gas leases; new coal leases (including leases by application in process, renewals, modifications, or expansions of existing leases), permits, approvals, or authorizations; or new mineral patents, leases, claims, permits, approvals, or authorizations; or a 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.
The term designee of the President means— the Secretary of Agriculture; the Secretary of Energy; the Secretary of the Interior; and the Administrator of the Environmental Protection Agency. The term mineral means any mineral subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 22 et seq. ), and minerals located on lands acquired by the United States (as defined in section 2 of the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 )).
Notwithstanding any other provision of law, the President, or a designee of the President, may carry out an activity only if the Secretary of the Interior has fulfilled the activity requirements described in paragraph
(3)for that activity. For each activity under paragraph (2), 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 the study on a public website of the Department of the Interior; and submit to Congress a report on the study that describes the study findings in subparagraph (A)(i) and (ii). On request by an entity described in subparagraph (B), 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 another Federal department or agency with jurisdiction over that project, shall conduct a study relating to how the project is likely to alleviate energy poverty in at-risk communities, including by— creating jobs; reducing energy prices; and other relevant measures as determined by the lead Federal department or agency, or the entity requesting the study. An entity sponsoring an energy or mineral project, pipeline project, or transmission project on Federal land, may request a study for that project under subparagraph (A). The lead Federal department or agency, with respect to a project to be studied under paragraph (4)(A), may not begin the study until the lead Federal department or agency has entered into a memorandum of understanding with the entity that requested 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 which 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 entity that requested the study consider appropriate. Beginning 30 days after the date on which the Director of the Office of Management and Budget issues guidance under section 6, an agency promulgating any energy rule, including any interpretative rule, general statements of policy, or guidance documents relating to an energy rule, shall include an energy poverty statement described in paragraph (2). An energy poverty statement referred to in paragraph
(1)shall— be displayed prominently on the first page of the rule or guidance; and state that the applicable agency certifies that the rule or guidance will not result in energy poverty in at-risk communities.
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