42 U.S.C. § 15924: Project to improve Federal…

Summary

Creates a Federal Permit Streamlining Project and requires the Secretary of the Interior to set it up. Within 90 days after August 8, 2005, the Secretary must sign a memorandum of understanding with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Chief of Engineers. Governors of States with Project offices may be asked to join. Within 30 days after the memorandum is signed, each federal signatory must, if appropriate, assign a staff person to each listed BLM field office. Those staff must have expertise in things like endangered species consultations and biological opinions, Clean Water Act 404 permits, Clean Air Act rules, national forest planning, and NEPA analyses. Assigned staff must report to the BLM Field Manager within 90 days, handle issues for their home agency, and join teams working on energy projects, planning, and environmental reviews. Project offices are: Rawlins Field Office (Wyoming); High Plains District Office (Wyoming); Montana/Dakotas State Office (Montana); Farmington Field Office (New Mexico); Carlsbad Field Office (New Mexico); Grand Junction/Glenwood Springs Field Office (Colorado); Vernal Field Office (Utah); and any other BLM state, district, or field office the Secretary names. Starting the first February 1 after the National Defense Authorization Act for Fiscal Year 2015 takes effect, and every February 1 after that, the Secretary must report to the Chairman and ranking minority member of the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources. The report must show funds given to each Project office for the prior fiscal year and what each office did to coordinate and process oil and gas use authorizations. The Secretary must also assign extra staff as needed so the Project and other field programs (including inspections and enforcement for energy development) work properly under the Federal Land Policy and Management Act. The Secretary may transfer or spend funds to the U.S. Fish and Wildlife Service; Bureau of Indian Affairs; Forest Service; EPA; Corps of Engineers; and the States with Project offices to help with coordination. Nothing here changes how other federal or state laws work or any agency head’s delegations of authority.

Title 42, §15924

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Establishment

The Secretary of the Interior (referred to in this section as the “Secretary”) shall establish a Federal Permit Streamlining Project (referred to in this section as the “Project”).

(b)Memorandum of understanding

(1)In general

Not later than 90 days after August 8, 2005, the Secretary shall enter into a memorandum of understanding for purposes of this section with—

(A)the Secretary of Agriculture;

(B)the Administrator of the Environmental Protection Agency; and

(C)the Chief of Engineers.

(2)State participation

The Secretary may request that the Governors of the States in which Project offices are located be signatories to the memorandum of understanding.

(c)Designation of qualified staff

(1)In general

Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the field offices identified in subsection (d) an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in— (A)

(B)permits under section 1344 of title 33;

(C)regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.);

(D)planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and

(E)the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2)Duties

Each employee assigned under paragraph (1) shall—

(A)not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned;

(B)be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and

(C)participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses.

(d)Project offices

The following Bureau of Land Management Offices shall serve as the Project offices:

(1)Rawlins Field Office, Wyoming.

(2)High Plains District Office, Wyoming.

(3)Montana/Dakotas State Office, Montana.

(4)Farmington Field Office, New Mexico.

(5)Carlsbad Field Office, New Mexico.

(6)Grand Junction/Glenwood Springs Field Office, Colorado.

(7)Vernal Field Office, Utah.

(8)Any other State, district, or field office of the Bureau of Land Management determined by the Secretary.

(e)Report to Congress

Not later than February 1 of the first fiscal year beginning after the date of enactment of the National Defense Authorization Act for Fiscal Year 2015 and each February 1 thereafter, the Secretary shall report to the Chairman and ranking minority Member of the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, which shall include—

(1)the allocation of funds to each Project office for the previous fiscal year; and

(2)the accomplishments of each Project office relating to the coordination and processing of oil and gas use authorizations during that fiscal year.

(f)Additional personnel

The Secretary shall assign to each field office identified in subsection (d) any additional personnel that are necessary to ensure the effective implementation of— (1)

(2)other programs administered by the field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

(g)Omitted

(h)Transfer of funds

For the purposes of coordination and processing of oil and gas use authorizations on Federal land under the administration of the Project offices identified in subsection (d), the Secretary may authorize the expenditure or transfer of such funds as are necessary to—

(1)the United States Fish and Wildlife Service;

(2)the Bureau of Indian Affairs;

(3)the Forest Service;

(4)the Environmental Protection Agency;

(5)the Corps of Engineers; and

(6)the States in which Project offices are located.

(i)Savings provision

Nothing in this section affects—

(1)the operation of any Federal or State law; or

(2)any delegation of authority made by the head of a Federal agency whose employees are participating in the Project.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Clean Air Act, referred to in subsec. (c)(1)(C), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 7401 of this title and Tables. The National Forest Management Act of 1976, referred to in subsec. (c)(1)(D), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted section 472a, 521b, 1600, and 1611 to 1614 of Title 16, Conservation, amended section 500, 515, 516, 518, 576b, and 1601 to 1610 of Title 16, repealed section 476, 513, and 514 of Title 16, and enacted provisions set out as notes under section 476, 513, 528, 594–2, and 1600 of Title 16. For complete classification of this Act to the Code, see

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of 1976 Amendment note set out under section 1600 of Title 16 and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (c)(1)(E), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 4321 of this title and Tables. The date of enactment of the National Defense Authorization Act for Fiscal Year 2015, referred to in subsec. (e), probably means the date of enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, Pub. L. 113–291, which was approved Dec. 19, 2014. The Federal Land Policy and Management Act of 1976, referred to in subsec. (f)(2), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

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note set out under section 1701 of Title 43 and Tables. Codification Section is comprised of section 365 of Pub. L. 109–58. Subsec. (g) of section 365 of Pub. L. 109–58 amended section 191 of Title 30, Mineral Lands and Mining.

Amendments

2014—Pub. L. 113–291, § 3021(a)(1), struck out “Pilot” before “Project” in section catchline. Subsec. (a). Pub. L. 113–291, § 3021(a)(2), substituted “Project” for “Pilot Project” in two places. Subsec. (b)(2). Pub. L. 113–291, § 3021(a)(3), substituted “the States in which Project offices are located” for “Wyoming, Montana, Colorado, Utah, and New Mexico”. Subsec. (d). Pub. L. 113–291, § 3021(a)(4)(A), struck out “Pilot” before “Project” in heading. Pub. L. 113–291, § 3021(a)(2), substituted “Project” for “Pilot Project” in introductory provisions. Subsec. (d)(8). Pub. L. 113–291, § 3021(a)(4)(B), added par. (8). Subsec. (e). Pub. L. 113–291, § 3021(a)(5), added subsec. (e) and struck out former subsec. (e) which required the Secretary to submit to Congress a report about the Pilot Project not later than 3 years after Aug. 8, 2005. Subsecs. (e)(1), (2), (f)(1), (h). Pub. L. 113–291, § 3021(a)(2), substituted “Project” for “Pilot Project”. Subsec. (h)(6). Pub. L. 113–291, § 3021(a)(6), added par. (6) and struck out former par. (6) which read as follows: “the States of Wyoming, Montana, Colorado, Utah, and New Mexico.” Subsec. (i). Pub. L. 113–291, § 3021(a)(7), (8), redesignated subsec. (j) as (i) and struck out former subsec. (i). Prior to amendment, text read as follows: “During the period in which the Project is authorized, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing drilling-related permit applications and use authorizations.” Pub. L. 113–291, § 3021(a)(2), substituted “Project” for “Pilot Project”. Subsec. (j)(2). Pub. L. 113–291, § 3021(a)(2), substituted “Project” for “Pilot Project”. 2013—Subsec. (d). Pub. L. 113–69 added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “The following Bureau of Land Management Field Offices shall serve as the Pilot Project offices: “(1) Rawlins, Wyoming. “(2) Buffalo, Wyoming. “(3) Miles City, Montana. “(4) Farmington, New Mexico. “(5) Carlsbad, New Mexico. “(6) Grand Junction/Glenwood Springs, Colorado. “(7) Vernal, Utah.”

§15924 Project to Improve Federal Permit Coordination

Summary

Title 42, §15924

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Citations & Metadata