Federal Lands Jobs and Energy Security Act of 2013 - Title I: Federal Lands Jobs and Energy Security - Federal Lands Jobs and Energy Security Act - (Sec. 1002) Directs the Secretary of the Interior (Secretary), when practicable, to encourage the use of U.S. workers and equipment manufactured in the U.S. in all construction related to mineral resource development under this Act.
Subtitle A: Onshore Oil and Gas Permit Streamlining - Streamlining Permitting of American Energy Act of 2013 - Chapter 1: Application for Permits to Drill Process Reform - (Sec. 1111) Amends the Mineral Leasing Act (MLA) to direct the Secretary to decide whether to issue a permit to drill within 30 days after receiving a permit application.
Authorizes the Secretary to extend the initial 30-day permit application review period for up to two periods of 15 days each, with written notice to the applicant.
Deems a permit application approved if the Secretary has not made a decision by 60 days after its receipt. Prescribes requirements for denial of an application, including allowing resubmission of an application and a decision to issue or deny within 10 days after resubmission.
Requires the Secretary to collect a single $6,500 permit processing fee per application at the time the decision is made whether to issue a permit.
(Sec. 1112) Requires that at least 25% of fees collected each fiscal year as annual wind energy and solar energy right-of-way authorization fees be made available for certain solar and wind permitting and management activities, and another 25% be made available for Bureau of Land Management (BLM) solar and wind permit approval activities.
Restricts the total amount of fees available for such activities to $5 million each fiscal year.
Chapter 2: Administrative Protest Documentation Reform - (1121) Directs the Secretary to collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill. Requires 50% of all such fees to remain in the field office where they are collected and used to process protests subject to appropriation.
Chapter 3: Permit Streamlining - (Sec. 1131) Requires the Secretary to: (1) establish a Federal Permit Streamlining Project in every BLM field office with responsibility for permitting energy projects on federal land, and (2) enter into a related memorandum of understanding (MOU) with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency (EPA), and the Chief of the Army Corps of Engineers.
Authorizes the Secretary to request that the Governor of any state with energy projects on federal lands be a signatory to the MOU.
Requires federal signatories to such a MOU to assign staff with special expertise in the pertinent regulatory issues to each BLM field office.
Requires such staff to: (1) be responsible for all issues relating to the energy projects that arise under the authorities of the employee's home agency; and (2) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on federal lands.
Directs the Secretary to assign to each relevant BLM field office additional personnel to ensure the effective approval and implementation of energy projects administered by BLM 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.
(Sec. 1132) Prohibits the Secretary, in managing federal lands under the Energy Policy Act of 2005 (EPAct 2005) with respect to oil or natural gas drilling, from requiring a finding of extraordinary circumstances under a review pursuant to the National Environmental Policy Act of 1969 (NEPA).
Chapter 4: Judicial Review - (Sec. 1142) Sets forth requirements for judicial review of a claim regarding agency action affecting the leasing of federal lands regarding exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy.
Chapter 5: Knowing America's Oil And Gas Resources - (Sec. 1151) Requires the Secretary to provide matching funding for joint projects with states to conduct oil and gas resource assessments on federal lands with significant oil and gas potential.
Prohibits the federal share of the cost of such activities from exceeding 50%.
Authorizes $50 million for FY2014-FY2017 to implement such assessments.
Subtitle B: Oil and Gas Leasing Certainty - Providing Leasing Certainty for American Energy Act of 2013 - (Sec. 1202) Directs the Secretary, in conducting lease sales under the MLA, to offer for sale at least 25% of the annual nominated acreage not previously made available for lease.
Shields such acreage from protest and the test of extraordinary circumstances, but makes it eligible for certain categorical exclusions under EPAct 2005 and NEPA.
(Sec. 1203) Amends the MLA to prohibit the Secretary from: (1) withdrawing any covered energy project without finding a violation of lease terms by the lessee; (2) delaying indefinitely issuance of project approvals, drilling and seismic permits, and rights of way for activities under a lease; or (3) cancelling or withdrawing any lease parcel after a competitive lease sale has occurred and a winning bidder has made the last payment for the parcel.
Instructs the Secretary to: (1) make nominated areas available for lease within 18 months after an area is designated as open under a current land use plan, (2) issue all leases sold 60 days after the last payment is made, and (3) adjudicate lease protests filed following a lease sale.
Prohibits additional lease stipulations after the parcel is sold without consultation and agreement of the lessee (except certain emergency actions to conserve U.S. resources).
(Sec. 1204) Requires federal land managers to follow existing resource management plans and continue to lease actively in areas designated as open when resource management plans are being amended or revised, until such time as a new record of decision is signed.
(Sec. 1205) Declares without force or effect BLM Instruction Memorandum 2010-117 (which establishes a process to ensure orderly, effective, timely, and environmentally responsible leasing of oil and gas resources on federal lands).
Subtitle C: Oil Shale - Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security Act, or PIONEERS Act - (Sec. 1302) Deems the final regulations regarding oil shale management published by the BLM on November 18, 2008, to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976, the Endangered Species Act of 1973, NEPA, and EPAct 2005. Directs the Secretary to implement those regulations, including the oil shale leasing program they authorize, without any other administrative action necessary.
Deems the November 17, 2008, U.S. Bureau of Land Management Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement also to satisfy all legal and procedural requirements under any law.
Directs the Secretary to implement the oil shale leasing program in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary.
(Sec. 1303) Directs the Secretary to hold a lease sale, within 180 days after enactment of this Act, that offers an additional ten parcels for lease for research, development, and demonstration of oil shale resources under the terms offered in the solicitation of bids for such leases published on January 15, 2009.
Requires the Secretary, by January 1, 2016, to hold at least five separate commercial lease sales, in multiple lease blocs, in areas of at least 25,000 acres, which: (1) have been nominated through public comment, and (2) are considered to have the most potential for oil shale development.
Subtitle D: Miscellaneous Provisions - (Sec. 1401) Declares that nothing in this title shall be construed to authorize the issuance of a lease under the MLA to any person designated for the imposition of sanctions pursuant to specified Executive Orders, certain statutes relating to Iran Sanctions, and the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003.
Title II: Planning For American Energy - Planning for American Energy Act of 2013 - (Sec. 2002) Amends the MLA to direct the Secretary, in consultation with the Secretary of Agriculture (USDA) with regard to lands administered by the Forest Service, to publish every four years a Quadrennial Federal Onshore Energy Production Strategy to direct federal land energy development and department resource allocation in order to promote the energy and national security of the United States in accordance with the Bureau of Land Management (BLM) mission to promote the multiple use of federal lands.
Instructs the Secretary to consult with the Administrator of the Energy Information Administration on the projected energy demands of the United States for the next 30 years and on how energy derived from federal onshore lands can put the United States on a trajectory that meets such demand during the next four years, with a goal for increasing energy independence and production.
Requires the Secretary to determine a domestic strategic production objective for the development of energy resources from such lands.
Expresses the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy.
Grants the relevant Secretary all necessary authority to make determinations regarding which additional federal lands available for leasing at the time the lease sale occurs will be available to meet the production objectives established by the strategies. Directs the Secretary also to take all necessary actions to achieve such objectives unless the President determines that it is not in U.S. national security and economic interests to increase federal domestic energy production and to further decrease dependence upon foreign energy sources. Requires the relevant Secretary to only consider leasing federal lands available for leasing at the time the lease sale occurs.
Requires the Secretary to report annually to specified congressional committees on the progress of meeting the production goals set forth in the strategy and projections for production and capacity installations and any problems with leasing, permitting, siting, or production that will prevent meeting the goal.
Requires the Secretary, within 12 months of this Act's enactment, to complete a programmatic environmental impact statement in accordance with certain requirements under NEPA. Deems such statement sufficient to be in compliance with NEPA requirements for all necessary resource management and land use plans associated with implementation of the Strategy.
Requires the Secretary to submit to: (1) the President and Congress, each proposed strategy, including comments received from affected states, federally recognized tribes, and local governments prior to publishing it; and (2) Congress the first strategy within 18 months of enactment.
Title III: National Petroleum Reserve in Alaska Access - National Petroleum Reserve Alaska Access Act - (Sec. 3002) Expresses the sense of Congress that: (1) the National Petroleum Reserve (NPR) in Alaska remains explicitly designated to provide oil and natural gas resources to the United States, and (2) it is national policy to actively advance oil and gas development within the NPR.
(Sec. 3003) Amends the Naval Petroleum Reserves Production Act of 1976 to require the mandatory program of competitive leasing of oil and gas in the NPR to include at least one lease sale annually in those areas of the NPR most likely to produce commercial quantities of oil and natural gas each year in the period 2013-2023.
(Sec. 3004) Directs the Secretary of the Interior to ensure permits according to a specified time line for all surface development activities, including pipelines and roads construction, to: (1) develop and bring into production areas within the NPR that are subject to oil and gas leases, and (2) transport oil and gas from and through the NPR to existing transportation or processing infrastructure on the North Slope of Alaska.Requires the Secretary to ensure that any federal permitting agency shall issue permits for construction for transportation of oil and natural gas under existing federal oil and gas leases with drilling permits within 60 days after enactment of this Act. Requires approval of drilling permits under new federal oil and gas leases within six months after submission of a permit request to the Secretary.
Directs the Secretary to submit to Congress a plan for approved rights-of-way for any plan for pipeline, road, and other necessary surface infrastructure that will ensure that all leasable tracts in the NPR are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the NPR.
(Sec. 3005) Directs the Secretary to issue: (1) a new proposed integrated activity plan from among the non-adopted alternatives in the NPR Alaska Integrated Activity Plan Record of Decision dated February 21, 2013, and (2) an environmental impact statement under NEPA for issuance of oil and gas leases in the NPR-Alaska to promote efficient and maximum development of oil and natural gas resources of such reserve.
Nullifies the February 21, 2013, Record of Decision, including its integrated activity plan and environmental impact statement.
(Sec. 3006) Instructs the Secretary to issue regulations establishing clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the NPR.
(Sec. 3007) Prescribes requirements for the new proposed integrated activity plan, including a departmental deadline for response to lease development permit applications and a timeline for processing each application.
(Sec. 3008) Requires the Secretary to assess all technically recoverable fossil fuel resources within the NPR, including all conventional and unconventional oil and natural gas.
Directs the U.S. Geological Survey (USGS), in cooperation with the state of Alaska and the American Association of Petroleum Geologists, to carry out and complete the resource assessment within 24 months after enactment of this Act.
Authorizes the USGS to use resources and funds provided by the state of Alaska in carrying out such assessment.
Title IV: BLM Live Internet Auctions - BLM Live Internet Auctions Act - (Sec. 4002) Amends the MLA to authorize the Secretary to conduct onshore oil and gas lease sales through Internet-based live bidding methods.
Requires each individual Internet-based lease sale to conclude within seven days.
Directs the Secretary to analyze the first ten such lease sales, including estimates of: (1) increases or decreases in such lease sales, compared to sales conducted by oral bidding; and (2) the total cost or savings to the Department of the Interior as a result of such sales, compared to sales conducted by oral bidding.
Requires the report to evaluate the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better maximize bidder participation, ensure the highest return to the federal taxpayers, minimize opportunities for fraud or collusion, and ensure the security and integrity of the leasing process.
Title V: Native American Energy - Native American Energy Act - (Sec. 5002) Amends the Energy Policy Act of 1992 to allow either the Secretary, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring the Secretary's approval.
Deems an appraisal conducted by an Indian tribe or by an appraiser under contract with an Indian tribe to be approved if the Secretary does not approve or disapprove of the appraisal within 60 days of receiving it.
Grants tribes the option of waiving such appraisals if they give the Secretary an unambiguous indication of tribal intent to do so that includes an express waiver of any claims they might have against the United States that result from forgoing the appraisal.
(Sec. 5003) Requires each agency within the Department of the Interior involved in the review of oil and gas activities on Indian lands to use a uniform system of reference numbers and tracking systems for oil and gas wells.
(Sec. 5004) Amends NEPA to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected Indian tribe and individuals residing within the affected area.
(Sec. 5005) Prescribes procedures for judicial review. Bars any energy related action that is not filed within the end of the 60-day period beginning on the date of the final agency action.
(Sec. 5006) Amends the Tribal Forest Protection Act of 2004 to direct the Secretary to enter into agreements with Indian tribes, for each of FY2014-FY2018, to execute demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands.
Requires the creation of at least four new demonstration projects during each of those fiscal years.
Directs the Secretary, when reviewing project applications, to consider whether a proposed demonstration project will:
Directs the Secretary, to the extent practicable, to incorporate management plans in effect on Indian forest land or rangeland into demonstration project agreements affecting those lands.
Prohibits the agreements from having a term that exceeds 20 years, but allows them to be renewed for up to ten additional years.
(Sec. 5007) Considers activities conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary to be a sustainable when sustainability is federally required.
(Sec. 5008) Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into commercial or agricultural leases of up to 99 years on their restricted lands without the Secretary's approval, provided they are executed under tribal regulations approved by the Secretary.
Permits the Navajo Nation to enter into mineral resource leases on their restricted lands without the Secretary's approval if they are executed under approved tribal regulations and do not exceed 25 years, though they may include a renewal option for one additional term not exceeding 25 years.
(Sec. 5009) Prohibits any Department of the Interior rule concerning hydraulic fracturing used in oil and gas development or production, from having any effect on land held in trust or restricted status for Indians, except with the express consent of its Indian beneficiaries.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1965 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1965
To streamline and ensure onshore energy permitting, provide for onshore
leasing certainty, and give certainty to oil shale development for
American energy security, economic development, and job creation, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 2013
Mr. Lamborn introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on the
Judiciary, 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 streamline and ensure onshore energy permitting, provide for onshore
leasing certainty, and give certainty to oil shale development for
American energy security, economic development, and job creation, 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.
This Act may be cited as the ``Federal Lands Jobs and Energy
Security Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Policies regarding buying, building, and working for America.
TITLE I--ONSHORE OIL AND GAS PERMIT STREAMLINING
Sec. 101. Short title.
Subtitle A--Application for Permits to Drill Process Reform
Sec. 111. Permit to drill application timeline.
Sec. 112. Solar and wind right-of-way rental reform.
Subtitle B--Administrative Protest Documentation Reform
Sec. 121. Administrative protest documentation reform.
Subtitle C--Permit Streamlining
Sec. 131. Improve Federal energy permit coordination.
Sec. 132. Administration of current law.
Subtitle D--Judicial Review
Sec. 141. Definitions.
Sec. 142. Exclusive venue for certain civil actions relating to covered
energy projects.
Sec. 143. Timely filing.
Sec. 144. Expedition in hearing and determining the action.
Sec. 145. Standard of review.
Sec. 146. Limitation on injunction and prospective relief.
Sec. 147. Limitation on attorneys' fees.
Sec. 148. Legal standing.
TITLE II--OIL AND GAS LEASING CERTAINTY
Sec. 201. Short title.
Sec. 202. Minimum acreage requirement for onshore lease sales.
Sec. 203. Leasing certainty.
Sec. 204. Leasing consistency.
Sec. 205. Reduce redundant policies.
TITLE III--OIL SHALE
Sec. 301. Short title.
Sec. 302. Effectiveness of oil shale regulations, amendments to
resource management plans, and record of
decision.
Sec. 303. Oil shale leasing.
SEC. 3. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.
(a) Congressional Intent.--It is the intent of the Congress that--
(1) this Act will support a healthy and growing United
States domestic energy sector that, in turn, helps to
reinvigorate American manufacturing, transportation, and
service sectors by employing the vast talents of United States
workers to assist in the development of energy from domestic
sources;
(2) to ensure a robust onshore energy production industry
and ensure that the benefits of development support local
communities, under this Act, the Secretary shall make every
effort to promote the development of onshore American energy,
and shall take into consideration the socioeconomic impacts,
infrastructure requirements, and fiscal stability for local
communities located within areas containing onshore energy
resources; and
(3) the Congress will monitor the deployment of personnel
and material onshore to encourage the development of American
technology and manufacturing to enable United States workers to
benefit from this Act through good jobs and careers, as well as
the establishment of important industrial facilities to support
expanded access to American resources.
(b) Requirement.--The Secretary of the Interior shall when
possible, and practicable, encourage the use of United States workers
and equipment manufactured in the United States in all construction
related to mineral resource development under this Act.
TITLE I--ONSHORE OIL AND GAS PERMIT STREAMLINING
SEC. 101. SHORT TITLE.
This title may be cited as the ``Streamlining Permitting of
American Energy Act of 2013''.
Subtitle A--Application for Permits to Drill Process Reform
SEC. 111. PERMIT TO DRILL APPLICATION TIMELINE.
Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2))
is amended to read as follows:
``(2) Applications for permits to drill reform and
process.--
``(A) Timeline.--The Secretary shall decide whether
to issue a permit to drill within 30 days after
receiving an application for the permit. The Secretary
may extend such period for up to 2 periods of 15 days
each, if the Secretary has given written notice of the
delay to the applicant. The notice shall be in the form
of a letter from the Secretary or a designee of the
Secretary, and shall include the names and titles of
the persons processing the application, the specific
reasons for the delay, and a specific date a final
decision on the application is expected.
``(B) Notice of reasons for denial.--If the
application is denied, the Secretary shall provide the
applicant--
``(i) in writing, clear and comprehensive
reasons why the application was not accepted
and detailed information concerning any
deficiencies; and
``(ii) an opportunity to remedy any
deficiencies.
``(C) Application deemed approved.--If the
Secretary has not made a decision on the application by
the end of the 60-day period beginning on the date the
application is received by the Secretary, the
application is deemed approved, except in cases in
which existing reviews under the National Environmental
Policy Act of 1969 or Endangered Species Act of 1973
are incomplete.
``(D) Denial of permit.--If the Secretary decides
not to issue a permit to drill in accordance with
subparagraph (A), the Secretary shall--
``(i) provide to the applicant a
description of the reasons for the denial of
the permit;
``(ii) allow the applicant to resubmit an
application for a permit to drill during the
10-day period beginning on the date the
applicant receives the description of the
denial from the Secretary; and
``(iii) issue or deny any resubmitted
application not later than 10 days after the
date the application is submitted to the
Secretary.
``(E) Fee.--
``(i) In general.--Notwithstanding any
other law, the Secretary shall collect a single
$6,500 permit processing fee per application
from each applicant at the time the final
decision is made whether to issue a permit
under subparagraph (A). This fee shall not
apply to any resubmitted application.
``(ii) Treatment of permit processing
fee.--Of all fees collected under this
paragraph, 50 percent shall be transferred to
the field office where they are collected and
used to process protests, leases, and permits
under this Act subject to appropriation.''.
SEC. 112. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.
(a) In General.--Subject to subsection (b), and notwithstanding any
other provision of law, of fees collected each fiscal year as annual
wind energy and solar energy right-of-way authorization fees required
under section 504(g) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1764(g))--
(1) no less than 25 percent shall be available, subject to
appropriation, for Department of the Interior field offices
responsible for the land where the fee was collected;
(2) no less than 25 percent shall be available, subject to
appropriation, for Bureau of Land Management permit approval
activities; and
(3) no less than 25 percent shall be available, subject to
appropriation, to the Secretary of the Interior for department-
wide permitting activities.
(b) Limitation.--The amount used under subsection (a) each fiscal
year shall not exceed $10,000,000.
Subtitle B--Administrative Protest Documentation Reform
SEC. 121. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is
further amended by adding at the end the following:
``(4) Protest fee.--
``(A) In general.--The Secretary shall collect a
$5,000 documentation fee to accompany each protest for
a lease, right of way, or application for permit to
drill.
``(B) Treatment of fees.--Of all fees collected
under this paragraph, 50 percent shall remain in the
field office where they are collected and used to
process protests subject to appropriation.''.
Subtitle C--Permit Streamlining
SEC. 131. IMPROVE FEDERAL ENERGY PERMIT COORDINATION.
(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'')
in every Bureau of Land Management field office with responsibility for
permitting energy projects on Federal land.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, 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 the Army Corps of Engineers.
(2) State participation.--The Secretary may request that
the Governor of any State with energy projects on Federal lands
to be a signatory 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 Bureau of Land Management field offices
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) the consultations and the preparation of
biological opinions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water
Pollution Control Act (33 U.S.C. 1344);
(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
energy projects that arise under the authorities of the
employee's home agency; and
(C) participate as part of the team of personnel
working on proposed energy projects, planning, and
environmental analyses on Federal lands.
(d) Additional Personnel.--The Secretary shall assign to each
Bureau of Land Management field office identified in subsection (a) any
additional personnel that are necessary to ensure the effective
approval and implementation of energy projects administered by the
Bureau of Land Management 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.).
(e) Funding.--Funding for the additional personnel shall come from
the Department of the Interior reforms identified in sections 101, 102,
and 201.
(f) 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.
(g) Definition.--For purposes of this section the term ``energy
projects'' includes oil, natural gas, coal, and other energy projects
as defined by the Secretary.
SEC. 132. ADMINISTRATION OF CURRENT LAW.
Notwithstanding any other law, the Secretary of the Interior shall
not require a finding of extraordinary circumstances in administering
section 390 of the Energy Policy Act of 2005.
Subtitle D--Judicial Review
SEC. 141. DEFINITIONS.
In this subtitle--
(1) the term ``covered civil action'' means a civil action
containing a claim under section 702 of title 5, United States
Code, regarding agency action (as defined for the purposes of
that section) affecting a covered energy project on Federal
lands of the United States; and
(2) the term ``covered energy project'' means the leasing
of Federal lands of the United States for the exploration,
development, production, processing, or transmission of oil,
natural gas, wind, or any other source of energy, and any
action under such a lease, except that the term does not
include any disputes between the parties to a lease regarding
the obligations under such lease, including regarding any
alleged breach of the lease.
SEC. 142. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED
ENERGY PROJECTS.
Venue for any covered civil action shall lie in the district court
where the project or leases exist or are proposed.
SEC. 143. TIMELY FILING.
To ensure timely redress by the courts, a covered civil action must
be filed no later than the end of the 90-day period beginning on the
date of the final Federal agency action to which it relates.
SEC. 144. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 145. STANDARD OF REVIEW.
In any judicial review of a covered civil action, administrative
findings and conclusions relating to the challenged Federal action or
decision shall be presumed to be correct, and the presumption may be
rebutted only by the preponderance of the evidence contained in the
administrative record.
SEC. 146. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation. In addition, courts shall limit the duration of
preliminary injunctions to halt covered energy projects to no more than
60 days, unless the court finds clear reasons to extend the injunction.
In such cases of extensions, such extensions shall only be in 30-day
increments and shall require action by the court to renew the
injunction.
SEC. 147. LIMITATION ON ATTORNEYS' FEES.
Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code, (together commonly called the Equal Access to
Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.
SEC. 148. LEGAL STANDING.
Challengers filing appeals with the Department of the Interior
Board of Land Appeals shall meet the same standing requirements as
challengers before a United States district court.
TITLE II--OIL AND GAS LEASING CERTAINTY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Providing Leasing Certainty for
American Energy Act of 2013''.
SEC. 202. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES.
In conducting lease sales as required by section 17(a) of the
Mineral Leasing Act (30 U.S.C. 226(a)), each year the Secretary of the
Interior shall perform the following:
(1) The Secretary shall offer for sale no less than 25
percent of the annual nominated acreage not previously made
available for lease. Acreage offered for lease pursuant to this
paragraph shall not be subject to protest and shall be eligible
for categorical exclusions under section 390 of the Energy
Policy Act of 2005 (42 U.S.C. 15492), except that it shall not
be subject to the test of extraordinary circumstances.
(2) In administering this section, the Secretary shall only
consider leasing of Federal lands that are available for
leasing at the time the lease sale occurs.
SEC. 203. LEASING CERTAINTY.
Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) is
amended by inserting ``(1)'' before ``All lands'', and by adding at the
end the following:
``(2)(A) The Secretary shall not withdraw any covered energy
project issued under this Act without finding a violation of the terms
of the lease by the lessee.
``(B) The Secretary shall not infringe upon lease rights under
leases issued under this Act by indefinitely delaying issuance of
project approvals, drilling and seismic permits, and rights of way for
activities under such a lease.
``(C) No later than 18 months after an area is designated as open
under the current land use plan the Secretary shall make available
nominated areas for lease under the criteria in section 2.
``(D) Notwithstanding any other law, the Secretary shall issue all
leases sold no later than 60 days after the last payment is made.
``(E) The Secretary shall not cancel or withdraw any lease parcel
after a competitive lease sale has occurred and a winning bidder has
submitted the last payment for the parcel.
``(F) Not later than 60 days after a lease sale held under this
Act, the Secretary shall adjudicate any lease protests filed following
a lease sale. If after 60 days any protest is left unsettled, said
protest is automatically denied and appeal rights of the protestor
begin.
``(G) No additional lease stipulations may be added after the
parcel is sold without consultation and agreement of the lessee, unless
the Secretary deems such stipulations as emergency actions to conserve
the resources of the United States.''.
SEC. 204. LEASING CONSISTENCY.
Federal land managers must follow existing resource management
plans and continue to actively lease in areas designated as open when
resource management plans are being amended or revised, until such time
as a new record of decision is signed.
SEC. 205. REDUCE REDUNDANT POLICIES.
Bureau of Land Management Instruction Memorandum 2010-117 shall
have no force or effect.
TITLE III--OIL SHALE
SEC. 301. SHORT TITLE.
This title may be cited as the ``Protecting Investment in Oil Shale
the Next Generation of Environmental, Energy, and Resource Security
Act'' or the ``PIONEERS Act''.
SEC. 302. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO
RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION.
(a) Regulations.--Notwithstanding any other law or regulation to
the contrary, the final regulations regarding oil shale management
published by the Bureau of Land Management on November 18, 2008 (73
Fed. Reg. 69,414) are deemed to satisfy all legal and procedural
requirements under any law, including the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy Policy Act of 2005
(Public Law 109-58), and the Secretary of the Interior shall implement
those regulations, including the oil shale leasing program authorized
by the regulations, without any other administrative action necessary.
(b) Amendments to Resource Management Plans and Record of
Decision.--Notwithstanding any other law or regulation to the contrary,
the November 17, 2008 U.S. Bureau of Land Management Approved Resource
Management Plan Amendments/Record of Decision for Oil Shale and Tar
Sands Resources to Address Land Use Allocations in Colorado, Utah, and
Wyoming and Final Programmatic Environmental Impact Statement are
deemed to satisfy all legal and procedural requirements under any law,
including the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and the Energy Policy Act of 2005 (Public Law 109-58), and the
Secretary of the Interior shall implement the oil shale leasing program
authorized by the regulations referred to in subsection (a) in those
areas covered by the resource management plans amended by such
amendments, and covered by such record of decision, without any other
administrative action necessary.
SEC. 303. OIL SHALE LEASING.
(a) Additional Research and Development Lease Sales.--The Secretary
of the Interior shall hold a lease sale within 180 days after the date
of enactment of this Act offering an additional 10 parcels for lease
for research, development, and demonstration of oil shale resources,
under the terms offered in the solicitation of bids for such leases
published on January 15, 2009 (74 Fed. Reg. 10).
(b) Commercial Lease Sales.--No later than January 1, 2016, the
Secretary of the Interior shall hold no less than 5 separate commercial
lease sales in areas considered to have the most potential for oil
shale development, as determined by the Secretary, in areas nominated
through public comment. Each lease sale shall be for an area of not
less than 25,000 acres, and in multiple lease blocs.
<all>
POSTPONED PROCEEDINGS - At the conclusion of debate on the Polis Part A amendment No. 7, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Polis demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the DeFazio Part A amendment No. 8.
POSTPONED PROCEEDINGS - At the conclusion of debate on the DeFazio Part A amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. DeFazio demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
Mr. Hastings (WA) moved that the committee rise.
On motion that the committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 1965 as unfinished business.
Considered as unfinished business. (consideration: CR H7274-7280)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1965.
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The previous question was ordered pursuant to the rule. (consideration: CR H7278)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (consideration: CR H7278)
Mrs. Kirkpatrick moved to recommit with instructions to Natural Resources. (consideration: CR H7278; text: CR H7278)
DEBATE - The House proceeded with 10 minutes of debate on the Kirkpatrick motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with an amendment to insert language clarifying tax provisions applicable to defined major integrated oil companies. The amendment would also add a new section to the bill prohibiting the legislation from requiring the Secretary of the Interior to allow energy development that would negatively impact land that is identified by the Secretary, in consultation with affected Indian tribes, as a Native American sacred site or cultural site.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7278-7279)
On motion to recommit with instructions Failed by recorded vote: 189 - 232 (Roll no. 599). (consideration: CR H7279)
Roll Call #599 (House)Passed/agreed to in House: On passage Passed by recorded vote: 228 - 192 (Roll no. 600).(text: CR 11/19/2013 H7218-7223)
Roll Call #600 (House)On passage Passed by recorded vote: 228 - 192 (Roll no. 600). (text: CR 11/19/2013 H7218-7223)
Roll Call #600 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 254.