(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
American Energy Solutions for Lower Costs and More American Jobs Act - Division A: Energy and Commerce - Title I: Modernizing Infrastructure - Subtitle A: Northern Route Approval - Northern Route Approval Act - (Sec. 103) Declares that a presidential permit shall not be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, including the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor.
Deems the final environmental impact statement issued by the Secretary of State on January 31, 2014, coupled with such Final Evaluation Report, to satisfy all requirements of the National Environmental Policy Act of 1969 and of the National Historic Preservation Act.
(Sec. 104) Grants original and exclusive jurisdiction to the U.S. Court of Appeals for the District of Columbia Circuit to determine specified issues (except for review by the Supreme Court on writ of certiorari).
(Sec. 105) Deems the Secretary of the Interior (Secretary in this subtitle) to have issued a written statement setting forth the Secretary's opinion that the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat.
States that any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline shall not be considered a prohibited taking of such species under the Endangered Species Act of 1973.
(Sec. 106) Deems the Secretary to have issued a grant of right-of-way and temporary use permit pursuant to the Mineral Leasing Act and the Federal Land Policy and Management Act of 1976.
(Sec. 107) Requires the Secretary of the Army, within 90 days after receipt of an application, to issue certain permits under the Federal Water Pollution Control Act and the Rivers and Harbors Appropriations Act of 1899 which are necessary for pipeline construction, operation, and maintenance described in the May 4, 2012, application, as supplemented by the Nebraska reroute. Deems such a permit issued on the 91st day if the Secretary has not issued them within 90 days after receipt of a permit application.
Authorizes the Secretary of the Army to waive any procedural requirement of law or regulation considered desirable to waive in order to accomplish the purposes of this Act.
Prohibits the Administrator of the Environmental Protection Agency (EPA) from prohibiting or restricting any activity or use of an area authorized under this Act.
(Sec. 108) Deems the Secretary of the Interior to have issued a special purpose permit under the Migratory Bird Treaty Act, as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013.
(Sec. 109) Requires a pipeline owner or operator required under federal law to develop an oil spill response plan for the Keystone XL pipeline to make available to the governor of each state in which the pipeline operates. Requires a plan update to be submitted to the governor within seven days after it is made.
Subtitle B: Natural Gas Pipeline Permitting Reform - Natural Gas Pipeline Permitting Reform Act - (Sec. 122) Amends the Natural Gas Act to direct the Federal Energy Regulatory Commission (FERC) to approve or deny a certificate of public convenience and necessity for a prefiled project within 12 months after receiving a complete application that is ready to be processed.
Defines "prefiled project" as a project for the siting, construction, expansion, or operation of a natural gas pipeline with respect to which a prefiling docket number has been assigned by FERC pursuant to a prefiling process established by FERC for the purpose of facilitating the formal application process for obtaining a certificate of public convenience and necessity.
Requires the agency responsible for issuing any federal license, permit, or approval regarding the siting, construction, expansion, or operation of a project for which a certificate is sought to approve or deny issuance of the certificate within 90 days after FERC issues its final environmental document regarding the project.
Requires FERC to grant an agency request for a 30-day extension of the 90-day time period if the agency demonstrates that it cannot otherwise complete the process required to approve or deny the license, permit, or approval, and therefore will be compelled to deny it.
Authorizes FERC, in granting such an extension, to offer technical assistance to the agency in order to address conditions preventing completion of the application review.
Declares that, if the agency fails to approve or deny issuance of a permit, license, or approval within the prescribed time-frame, the license, permit, or approval shall take effect upon expiration of 30 days after the period's end.
Directs FERC to incorporate into the terms of a license, permit, or approval any conditions proffered by the agency that FERC does not find to be inconsistent with the final environmental document.
Subtitle C: North American Energy Infrastructure - North American Energy Infrastructure Act - (Sec. 133) Prohibits any person from constructing, connecting, operating, or maintaining a cross-border segment of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining a certificate of crossing under this Act.
Requires the Secretary of State, with respect to oil pipelines, or the Secretary of Energy (DOE), with respect to electric transmission facilities, to issue a certificate of crossing for the cross-border segment within 120 days after final action is taken under the National Environmental Policy Act of 1969 (NEPA), unless it is not in U.S. public interest.
Directs DOE, as a condition of issuing a certificate, to require that the cross-border segment be constructed, connected, operated, or maintained consistent with the policies and standards of: (1) the Electric Reliability Organization and the applicable regional entity, and (2) any Regional Transmission Organization or Independent System Operator with operational or functional control over the segment.
Exempts from such requirement any construction, connection, operation, or maintenance of a cross-border segment if: (1) it is operating for import, export, or electrical transmission upon the date of enactment of this Act; (2) the relevant permit or certificate of crossing has previously been issued under this Act; or (3) an permit application is pending on the date of enactment of this Act, until it is denied or July 1, 2016, whichever occurs first.
Retains: (1) the requirement to obtain approval or authorization under the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas; and (2) certain authority of the President under the Energy Policy and Conservation Act (EPCA).
(Sec. 134) Amends the Natural Gas Act to declare that no order of the Federal Energy Regulatory Commission (FERC) is required for the export or import of natural gas to or from Canada or Mexico.
(Sec. 135) Amends the Federal Power Act to repeal the requirement that the transmission of electric energy to a foreign country necessitates prior authorization by FERC.
(Sec. 136) Declares that no presidential permit shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any cross-border segment.
(Sec. 137) Declares that no certificate of crossing or permit shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility that: (1) operates for the import or export of oil or natural gas or the transmission of electricity to or from Canada or Mexico as of the date of enactment of this Act; (2) for which a permit for such construction, connection, operation, or maintenance has been issued; or (3) for which a certificate of crossing for the cross-border segment of the pipeline or facility has previously been issued.
Title II: Maintaining Diverse Electricity Generation and Affordability - Subtitle A: Energy Consumers Relief - Energy Consumers Relief Act of 2014 - (Sec. 202) Prohibits the Administrator from promulgating any such final rule if the Secretary determines that such rule will cause significant adverse effects to the economy.
(Sec. 203) Requires the EPA Administrator, before promulgating as final such a rule, to report to Congress: (1) an estimate of the total costs and benefits of the rule, (2) an estimate of the increases in energy prices that may result from implementation or enforcement of the rule, and (3) a detailed description of the employment effects that may also result.
Requires the DOE Secretary: (1) to prepare an independent analysis to determine whether the rule will cause any increase in energy prices for consumers, any impact on fuel diversity of the nation's electricity generation portfolio or on electric reliability, or any adverse effect on energy supply, distribution, or use; and (2), upon making such a determination, to determine whether the rule will cause significant adverse effects to the economy.
(Sec. 205) Prohibits the Administrator from using the social cost of carbon in any cost-benefit analysis relating to an energy-related rule estimated to cost more than $1 billion unless and until a federal law is enacted authorizing such use.
Subtitle B: Electricity Security and Affordability - Electricity Security and Affordability Act - (Sec. 212) Prohibits the EPA Administrator from issuing, implementing, or enforcing any proposed or final rule under the Clean Air Act that establishes a performance standard for greenhouse gas emissions from any new source that is a fossil fuel-fired electric utility generating unit unless the rule meets specified requirements of this Act.
Requires the Administrator to separate sources fueled with coal and natural gas into separate categories.
Prohibits the Administrator, however, from setting a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless it has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within the category. Requires each such unit to: (1) be located at a different electric generating station in the United States, (2) be representative of the operating characteristics of electric generation at its location, and (3) be operated for the entire 12-month period on a full commercial basis. Prohibits the use of any results obtained from a demonstration project in setting the standard.
Requires the Administrator, in separating sources fueled with coal into a separate category, to establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units (BTUs) per pound.
Prohibits the Administrator, in issuing any rule establishing performance standards for greenhouse gas emissions from new sources in such subcategory, from setting a standard based on the best system of emission reduction unless the standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory that meets the unit requirements specified by this Act for the coal category.
Prohibits this Act from being construed to preclude the issuance, implementation, or enforcement of a standard of performance that: (1) is based on the use of technologies that are developed in a foreign country, but has been demonstrated to be achievable at fossil fuel-fired electric utility generating units in the United States; and (2) meets the requirements of this Act.
(Sec. 213) Precludes from taking effect, unless a federal law is enacted specifying an effective date, any EPA rule or guideline that: (1) establishes any performance standard for greenhouse gas emissions from a modified or reconstructed source that is a fossil fuel-fired electric utility generating unit, or (2) applies to greenhouse gas emissions from such an existing source.
Requires, in order for the rule or guidelines to take effect, that the Administrator submit a report that contains: (1) the text of the rule or guidelines; (2) the economic impacts of such rule or guidelines, including potential effects on electricity ratepayers, on economic growth, competitiveness, and jobs in the United States and on required capital investments and projected costs for operation and maintenance of new equipment required to be installed; and (3) the amount of greenhouse gas emissions projected to be reduced as compared to overall global greenhouse gas emissions.
Requires the Administrator, in carrying out such reporting requirements, to consult with the Administrator of the Energy Information Administration, the Comptroller General (GAO), the Director of the National Energy Technology Laboratory, and the Under Secretary of Commerce for Standards and Technology.
(Sec. 214) Nullifies specified proposed rules (or similar successor proposed or final rules) for Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units that are issued before enactment of this Act, including proposed rules targeting specified: (1) Carbon Pollution Emission Guidelines for Existing Stationary Sources; and (2) Carbon Pollution Standards for Modified and Reconstructed Stationary Sources. Includes any successor proposed or final rules applicable to any existing, modified, or reconstructed source that is a fossil fuel-fired electric utility generating unit.
Subtitle C: Report on Energy and Water Savings Potential From Thermal Insulation -(Sec. 221) Instructs the DOE Secretary to report to certain congressional committees on the impact of thermal insulation on both energy and water use systems for potable hot and chilled water in federal buildings, and the return on investment of installing such insulation.
Title III: Unleashing Energy Diplomacy - Domestic Prosperity and Global Freedom Act - (Sec. 302) Directs DOE to issue a decision on an application for authorization to export natural gas within 30 days after the later of: (1) the conclusion of the review to site, construct, expand, or operate the liquefied natural gas (LNG) facilities required by NEPA; or (2) the date of enactment of this Act.
Deems any NEPA review to be concluded: (1) 30 days after publication of a required Environmental Impact Statement if the project needs one; (2) 30 days after publication by DOE of a Finding of No Significant Impact if the project needs an Environmental Assessment; and (3) upon a determination by the lead agency that an application is eligible for a categorical exclusion pursuant to regulations under NEPA.
(A "categorical exclusion" under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.)
Confers original and exclusive jurisdiction upon the U.S. Court of Appeals for the circuit in which the export facility under an application will be located over any civil action for the review of: (1) a DOE order regarding the application, or (2) DOE failure to issue a final decision on the application.
Requires the Court, if it finds in a civil action that DOE has failed to issue a final decision on an application, to order DOE to issue one within 30 days.
Requires the Court to set any civil action brought under this Act on the docket, for expedited consideration, as soon as practical after the filing date of the initial pleading.
(Sec. 303) Amends the Natural Gas Act to set, as a condition for approval of any authorization to export LNG, that the DOE Secretary require the applicant to disclose publicly the specific destination or destinations of any such authorized LNG exports.
Division B: Natural Resources Committee - Subdivision A: Lowering Gasoline Prices to Fuel an America That Works Act of 2014 - Lowering Gasoline Prices to Fuel an America That Works Act of 2014 - Title I: Offshore Energy And Jobs - Subtitle A: Outer Continental Shelf Leasing Program Reforms - (Sec. 10101) Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior (Secretary in this division) to implement a leasing program that includes at least 50% of the available unleased acreage within each outer Continental Shelf (OCS) planning area considered to have the largest undiscovered, technically recoverable oil and gas resources, with an emphasis on offering the most geologically prospective parts of the planning area.
(Sec. 10102) Directs the Secretary, in developing a five-year oil and gas leasing program, to determine a domestic strategic production goal, meeting specified criteria, for the development of oil and natural gas.
Sets the production goal as an increase by 2032 of: (1) at least 3 million barrels of oil produced per day, and (2) at least 10 billion cubic feet of natural gas produced per day.
(Sec. 10103) Requires the Secretary to: (1) submit to Congress a new proposed oil and gas leasing program for the five-year period beginning on July 15, 2015, and ending July 15, 2021, and (2) approve a final oil and gas leasing program by July 15, 2016.
(Sec. 10104) Prohibits any construction of this Act as authorizing the issuance of a lease under the OCSLA to any person designated for the imposition of sanctions pursuant to:
(Sec. 10105) Authorizes the Secretary to add more areas to an approved leasing program if all review and documents required under NEPA have been completed with respect to leasing of each such additional area within the preceding five years.
Subtitle B: Directing the President to Conduct New OCS Sales - (Sec. 10201) Directs the Secretary to: (1) conduct offshore oil and gas Lease Sale 220 within one year after enactment of this Act, and (2) make replacement lease blocks acceptable for oil and gas exploration and production available in the Virginia lease sale planning area for any lease blocks about which the Secretary of Defense (DOD) proposes deferral from a lease offering because of defense-related activities irreconcilable with mineral exploration and development.
(Sec. 10202) Directs the Secretary to conduct a lease sale within two years after enactment of this Act for areas off the coast of South Carolina with the most geologically promising hydrocarbon resources and constituting of at least 25% of the leasable area within the South Carolina offshore administrative boundaries.
(Sec. 10203) Directs the Secretary to: (1) offer for sale by December 31, 2015, leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of the Southern California OCS Planning Area, and (2) prepare a multisale environmental impact statement pursuant to NEPA for all lease sales required under this Act.
(Sec. 10205) Retains DOD authority, with the President's approval, to designate national defense areas on the OCS.
(Sec. 10206) Declares that this Act does not affect restrictions on oil and gas leasing under the Gulf of Mexico Energy Security Act of 2006.
Subtitle C: Equitable Sharing of Outer Continental Shelf Revenues - (Sec. 10301) Allocates, via specified phased-in increments, 37.5% of the amount of new federal leasing revenues to coastal states that are: (1) affected by the leases under which those revenues are received by the United States, and (2) within 200 miles of the leased tract.
Prescribes an allocation schedule for coastal states within 200 miles of the leased tract, in amounts inversely proportional to the respective distances between the point on the coastline of each such state that is closest to the geographic center of the lease tract.
Subtitle D: Reorganization of Minerals Management Agencies of the Department of the Interior - (Sec. 10401) Establishes in the Department of the Interior: (1) an Under Secretary for Energy, Lands, and Minerals; (2) an Assistant Secretary of Ocean Energy and Safety; (3) an Assistant Secretary of Land and Minerals Management; (4) a Bureau of Ocean Energy, to administer a comprehensive program of offshore mineral and renewable energy resources management; (5) an Ocean Energy Safety Service, to administer safety and environmental enforcement activities related to offshore mineral and renewable energy resources on the OCS; and (6) an Office of Natural Resources Revenue, to administer offshore royalty and revenue management functions.
(Sec. 10403) Requires the Secretary of the Interior to establish a National Offshore Energy Safety Academy as an agency of the Ocean Energy Safety Service.
(Sec. 10405) Directs the Secretary to: (1) certify annually that all Department of the Interior personnel having regular, direct official contact with lessees, government contractors, and certain other businesses, or conducting investigations, issuing permits, or overseeing energy programs, comply fully with federal employee ethics laws and regulations; and (2) conduct a program of random drug testing of such personnel.
(Sec. 10406) Abolishes the Minerals Management Service.
(Sec. 10408) Directs the Secretary to establish an Outer Continental Shelf Energy Safety Advisory Board.
(Sec. 10409) Directs the Secretary to collect specified non-refundable fees, including fees for drilling rigs, from operators of facilities subject to inspection.
Establishes in the Treasury the Ocean Energy Enforcement Fund as depository for such fees.
(Sec. 10410) Prohibits the Bureau of Ocean Energy and the Ocean Energy Safety Service from developing, proposing, finalizing, administering, or implementing any limitation on activities under their jurisdictions as a result of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order 13547.
Requires the President to report to Congress on all federal expenditures in FY2012-FY2014 by such agencies concerning that component.
Subtitle E: United States Territories - (Sec. 10501) Redefines the OCS to include all submerged lands lying within the U.S. exclusive economic zone and the Continental Shelf adjacent to any U.S. territory.
Subtitle F: Miscellaneous Provisions - (Sec. 10601) Directs the Secretary to promulgate rules regarding revenue streams contemplated by the Gulf of Mexico Energy Security Act of 2006, including the timing and methods of disbursements of certain funds under such Act.
(Sec. 10602) Increases, for FY2024-FY2055, the maximum amount of qualified OCS revenues distributed to Gulf producing states.
(Sec. 10603) Defines the "South Atlantic Outer Continental Shelf Planning Area" as the OCS area located between the northern lateral seaward administrative boundary of Virginia and the southernmost lateral seaward administrative boundary of Georgia.
(Sec. 10604) Amends OCSLA to require the Secretary, acting through the Director of the Bureau of Ocean Energy Management, to enter into partnerships to conduct oil- or gas-related geological and geophysical investigations on the OCS with institutions of higher education nominated by the governors of Georgia, South Carolina, North Carolina, and Virginia.
Subtitle G: Judicial Review - (Sec. 10701) Requires a cause of action arising from any action or decision by a federal official regarding the issuance of an energy lease under this Act to be filed 60 days after such action or decision, unless the plaintiff is a party to such a lease.
(Sec. 10702) Sets forth: (1) deadlines for case initiation and resolution in U.S. district court and for review by the U.S. Court of Appeals for the District of Columbia Circuit, (2) limitations on judicial review, and (3) a requirement that a person who is not a prevailing party shall pay legal fees to the prevailing parties in connection with judicial review.
Title II: Onshore Federal Lands and Energy Security - Subtitle A: Federal Lands Jobs and Energy Security - Federal Lands Jobs and Energy Security Act - (Sec. 21002) Directs the 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.
Chapter 1: Onshore Oil and Gas Permit Streamlining - Streamlining Permitting of American Energy Act of 2014 - Subchapter A: Application for Permits to Drill Process Reform - (Sec. 21111) 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 follow-up requirements if an application is denied, 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.
Subchapter B: Administrative Protest Documentation Reform - (Sec. 21121) 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.
Subchapter C: Permit Streamlining - (Sec. 21131) Requires the Secretary to: (1) establish a Federal Permit Streamlining Project in every Bureau of Land Management (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 EPA Administrator, 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 all federal signatories to such a MOU, if appropriate, to assign to each BLM field office staff with special expertise in the pertinent regulatory issues.
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. 21132) Prohibits the Secretary, in managing federal lands under the Energy Policy Act of 2005 (EPAct 2005) in connection with oil or natural gas drilling, from requiring a finding of extraordinary circumstances under a review pursuant to NEPA.
Subchapter D: Judicial Review - (Sec. 21142) Prescribes requirements for judicial review of a claim regarding agency action affecting the leasing of federal lands for exploration, development, production, processing, or transmission of oil, natural gas, or any other source of energy.
Subchapter E: Knowing America's Oil and Gas Resources - (Sec. 21151) Requires the Secretary to provide matching funding of up to 50% for joint projects with states to conduct oil and gas resource assessments on federal lands with significant oil and gas potential.
Authorizes the appropriation of $50 million for FY2015-FY2018 to implement such assessments.
Chapter 2: Oil and Gas Leasing Certainty - Providing Leasing Certainty for American Energy Act of 2014 - (Sec. 21202) Requires 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. Makes it eligible for certain categorical exclusions under the EPAct 2005, but not subject to the test of extraordinary circumstances.
(Sec. 21203) 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) infringing upon lease rights by indefinitely delaying 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.
Directs 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 the Secretary from canceling or withdrawing any lease parcel: (1) after the conclusion of the public comment period for a planned competitive lease sale, or (2) after a competitive lease sale has occurred and a winning bidder has submitted the last payment for it.
Requires the Secretary to adjudicate any lease protests filed following a lease sale within 60 days after the sale is held. Declares any protest automatically denied, and the protestor's appeal rights to begin, if after 60 days the protest is left unsettled.
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. 21204) 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. 21205) 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).
Chapter 3: Oil Shale - Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security Act, or the PIONEERS Act - (Sec. 21302) 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, and NEPA.
Directs the Secretary to implement those regulations, including the oil shale leasing program they authorize, without any other administrative action necessary.
Deems also the November 17, 2008, U.S. BLM 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 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. 21303) 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.
Chapter 4: Miscellaneous Provisions - (Sec. 21401) Prohibits this Act from being 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.
Subtitle B: Planning for American Energy - Planning for American Energy Act of 2014 - (Sec. 22002) 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 BLM mission to promote the multiple use of federal lands.
Requires the Secretary to consult with the Administrator of the Energy Information Administration on the projected U.S. energy demands for the next 30 years and on how energy derived from federal onshore lands can put the United States on a trajectory that meets that demand during the next four years, with a goal for increasing energy independence and production.
Directs 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 authority necessary 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.
Requires the Secretary, within 12 months of enactment of this Act, to complete a programmatic environmental impact statement in accordance with certain NEPA requirements. Deems such statement sufficient to comply with all 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 Quadrennial Federal Onshore Energy Production Strategy within 18 months of enactment of this Act.
Subtitle C: National Petroleum Reserve in Alaska Access - National Petroleum Reserve Alaska Access Act - (Sec. 23002) 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. 23003) Amends the Naval Petroleum Reserves Production Act of 1976 to require that the mandatory program of competitive leasing of oil and gas in the NPR include at least one lease sale annually in those areas most likely to produce commercial quantities of oil and natural gas each year in the period 2014-2024.
(Sec. 23004) Directs the Secretary 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. 23005) 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. 23006) Directs the Secretary to issue regulations establishing clear requirements to ensure that the Department is supporting development of oil and gas leases in the NPR.
(Sec. 23007) 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. 23008) 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 implement 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.
Subtitle D: BLM Live Internet Auctions - BLM Live Internet Auctions Act - (Sec. 24002) 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 10 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 as a result of such sales, compared to sales conducted by oral bidding.
Requires the report also 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.
Subtitle E: Native American Energy - Native American Energy Act - (Sec. 25002) Amends the Energy Policy Act of 1992 to allow 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.
Gives 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. 25003) 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. 25004) 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. 25005) Bars any energy-related action filed later than the end of the 60-day period beginning on the date of the final agency action.
Requires that all energy-related actions be: (1) brought in the U.S. District Court for the District of Columbia, (2) resolved within 180 days after the cause of action is filed, and (3) resolved on appeal by the U.S. Court of Appeals for the District of Columbia Circuit within 180 days after an interlocutory order or final judgment, decree or order of the district court was issued.
Requires the court, in any energy-related action in which the plaintiff does not ultimately prevail, to award expenses incurred by the defendant, unless the court finds that the position of the plaintiff was substantially justified or that special circumstances make an award unjust.
(Sec. 25006) Amends the Tribal Forest Protection Act of 2004 to direct the Secretary to enter into agreements with Indian tribes, from FY2014-FY2018, to carry out 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 10 additional years.
(Sec. 25007) 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 sustainable when sustainability is federally required.
(Sec. 25008) 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.
Allows 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. 25009) Prohibits any Department of the Interior rule regarding 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.
Title III: Miscellaneous Provisions - (Sec. 30101) Directs the Secretary of the Interior to: (1) establish an Office of Energy Employment and Training, under the direction of a Deputy Assistant Secretary for Energy, Lands and Minerals Management, to oversee the hiring and training of the Department of the Interior relating to energy planning, permitting, and regulatory agencies; and (2) submit annual status reports to Congress regarding the hiring and diversity policies of the Office and the Department.
Subdivision B: Bureau Of Reclamation Conduit Hydropower Development Equity And Jobs Act - Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act - (Sec. 2) Amends the Water Conservation and Utilization Act (WCUA) to: (1) authorize the Secretary of the Interior (acting through the Bureau of Reclamation) to enter into leases of power privileges for electric power generation in connection with any project constructed under such Act, using the processes applicable to such leases under the Reclamation Project Act of 1939 (RPA); and (2) grant the Secretary authority in addition to and alternative to any authority in existing laws relating to particular projects, including small conduit hydropower development.
Requires the lease of power privilege contracts to be at rates that will produce revenues at least sufficient to cover the appropriate share of the annual operation and maintenance cost of the project and such fixed charges, including interest, as the Secretary deems proper. Limits such leases to periods not to exceed 40 years. Specifies that no findings required as prerequisites for construction of a water conservation or utilization project under WCUA shall be required for such a lease.
Requires all right, title, and interest to installed power facilities constructed by non-federal entities pursuant to a lease of power privilege, and direct revenues derived therefrom, to remain with the lessee, except that lease revenues and fixed charges, if any, shall be covered into the Reclamation Fund to be credited to the project from which those revenues were derived.
Requires the Secretary: (1) to first offer the lease of power privilege to an irrigation district or water users association operating the applicable transferred conduit, or to the district or association receiving water from such conduit; (2) to determine a reasonable timeframe for the district or association to accept or reject the lease offer; and (3) if the district or association rejects the offer, to offer the lease to other parties using the applicable RPA processes.
Requires the Bureau to apply its categorical exclusion process under the National Environmental Policy Act of 1969 (NEPA) to small conduit hydropower under WCUA, excluding siting of associated transmission facilities on federal lands.
Subdivision C: Central Oregon Jobs And Water Security Act - Central Oregon Jobs and Water Security Act - (Sec. 2) Amends the Wild and Scenic Rivers Act to modify the boundary of the Crooked River, Oregon. Requires the developer for any hydropower development at Bowman Dam to analyze any impacts to the Outstanding Remarkable Values of the Wild and Scenic River that may be caused by such development and propose mitigation for such impacts as part of any license application submitted to FERC.
(Sec. 3) Increases (from 10 to 17 cubic feet per second) the minimum release that shall be maintained from the Prineville Reservoir for the benefit of downstream fish life. Requires 7 of the 17 cubic feet per second release to serve as mitigation for the city of Prineville groundwater pumping, as determined necessary for any given year by the city, including any shaping of the release of the up to 7 cubic feet per second to coincide with the city's groundwater pumping as may be required by the state of Oregon. Authorizes the Secretary of the Army to make applications to that state in conjunction with that city to protect these supplies instream. Directs the city to make payment to the Secretary for that portion of the minimum release that actually serves as mitigation under Oregon law. Authorizes the Secretary to contract exclusively with the city for additional amounts in the future at the city's request.
(Sec. 4) Directs the Secretary, on a "first fill" priority basis, to store in and release from the Reservoir: (1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011; (2) up to 2,740 acre feet of water annually to supply the McKay Creek lands; and (3) up to 10,000 acre feet of water annually to the North Unit Irrigation District, upon request, pursuant to a Temporary Water Service Contract.
(Sec. 5) Authorizes any landowner within Ochoco Irrigation District, Oregon, to repay construction costs of project facilities allocated to that landowner's lands within that District. Requires the Secretary of the Interior, upon the request of a landowner who has repaid project construction costs, to provide certification of freedom from ownership and pricing limitations.
Modifies the District's reclamation contracts, on approval of the District directors, to: (1) authorize the use of water for instream purposes in order for the District to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon law; (2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek; (3) classify approximately 685 of such acres as irrigable; and (4) provide the District with stored water from Prineville Reservoir for supplying such 685 acres, contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the state's issuance of water rights for the use of stored water.
Subdivision D: State Authority For Hydraulic Fracturing Regulation; EPA Hydraulic Fracturing Research - Title I: State Authority For Hydraulic Fracturing Regulation - Protecting States' Rights to Promote American Energy Security Act - (Sec. 102) Amends the Mineral Leasing Act to prohibit the Department of the Interior (Department) from enforcing any federal regulation, guidance, or permit requirement regarding hydraulic fracturing (including any component of that process), relating to oil, gas, or geothermal production activities on or under any land in any state that has regulations, guidance, or permit requirements for that activity.
Defines "hydraulic fracturing" as the process by which fracturing fluids (including a fracturing fluid system) are pumped into an underground geologic formation to generate fractures or cracks, thereby increasing rock permeability near the wellbore and improving production of natural gas or oil.
Requires the Department to recognize and defer to state regulations, permitting, and guidance for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on federal land.
Requires each state to submit to the BLM a copy of its regulations that: (1) apply to hydraulic fracturing operations on federal land, and (2) require disclosure of chemicals used in hydraulic fracturing operations on federal land.
Directs the Secretary of the Interior to make such state regulations available to the public.
(Sec. 103) Directs the Comptroller General (GAO) to examine the economic benefits of domestic shale oil and gas production resulting from hydraulic fracturing, including identification of: (1) state and federal revenue generated as a result of shale gas production, (2) jobs created as a result of shale oil and gas production, and (3) an estimate of potential energy prices without domestic shale oil and gas production.
(Sec. 104) Prohibits the Department from enforcing any federal regulation, guidance, or permit requirement governing the hydraulic fracturing process, or any of its components, relating to oil, gas, or geothermal production activities on land held either in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status.
Title II: EPA Hydraulic Fracturing Research - EPA Hydraulic Fracturing Study Improvement Act - (Sec. 202) Requires the EPA Administrator, in conducting the study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued in November 2012, to:
Requires public release of the final report by September 30, 2016.
Title III: Miscellaneous Provisions - (Sec. 301) Directs the Secretary to review annually and report to Congress on all state activities relating to hydraulic fracturing.
Subdivision E: Preventing Government Waste and Protecting Coal Mining Jobs In America - Preventing Government Waste and Protecting Coal Mining Jobs in America - (Sec. 2) Preventing Government Waste and Protecting Coal Mining Jobs in America - Amends the Surface Mining Control and Reclamation Act of 1977 to require state programs for regulation of surface coal mining to incorporate the necessary rule concerning excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008.
Requires the Secretary to: (1) publish notice of a determination when all states that wish to assume exclusive jurisdiction of such mining regulation have incorporated the rule in their programs; (2) assess the effectiveness of the rule's implementation during the five-year period following such notice; (3) carry out all required consultation on the benefits and other impacts of the implementation of the rule to any threatened or endangered species, with the participation of the United States Fish and Wildlife Service and the USGS; and (4) report to Congress an evaluation of the rule's effectiveness, any ways in which it inhibits energy production, and any proposed changes to the rule.
Prohibits issuance of any regulations regarding stream buffer zones or protection before publication of the report, other than a rule necessary to implement incorporation of the December 2008 rule described in this Act. Requires each state with an approved program for regulation of surface coal mining to submit program amendments incorporating such rule within two years of enactment of this Act.
Division C: Judiciary - Responsibly And Professionally Invigorating Development Act of 2014, or the RAPID Act - (Sec. 2) Amends federal law governing administrative procedure to establish procedures to streamline, increase the efficiency of, and enhance coordination of agency administration of the regulatory review, environmental decision making, and permitting process for major actions that are construction activities undertaken, reviewed, or funded by federal agencies, including interagency coordination regarding permitting.
Authorizes a project sponsor, upon the request of a lead agency (the agency responsible preparing the environmental document), to prepare any document for environmental review required in support of, or for approval of, such an activity if such agency furnishes oversight and independently evaluates, approves, and adopts such document prior to taking action or making any approval based on such document. Defines "environmental review" as federal agency procedures for preparing an environmental impact statement (EIS), environmental assessment (EA), categorical exclusion, or other document under NEPA.
Prohibits requiring more than one EIS and one EA for a project, except for supplemental environmental documents prepared under NEPA or environmental documents prepared pursuant to a court order. Requires the lead agency to prepare the EIS or EA, except as otherwise provided by law. Prohibits, after the lead agency issues a record of decision, any federal agency responsible for making any approval for a project from relying on a document other than the environmental document prepared by the lead agency.
Allows the lead agency, upon the request of a project sponsor, to: (1) adopt, use, or rely upon secondary and cumulative impact analyses included in documents prepared under NEPA for projects in the same geographic area if such documents are pertinent to the NEPA decision for the project under review; and (2) adopt a document that has been prepared for a project under state laws as the EIS or EA for the project if such laws provide environmental protection and opportunities for public involvement that are substantially equivalent to NEPA. Requires the lead agency to publish a supplement to the state document if: (1) a significant change has been made to the project that is relevant for purposes of environmental review of the project, or (2) there have been significant changes in circumstances or availability of information relevant to the environmental review for the project. Requires a lead agency to issue its record of decision or finding of no significant impact based upon such adopted document.
Authorizes a lead agency to adopt for a project an environmental document for a similar project that is in geographical proximity and that was subject to environmental review or similar state procedures within the preceding five years if the agency determines that there is a reasonable likelihood that the projects will have similar environmental impacts.
Requires the lead agency to invite and designate as a participating agency in the preparation of an environmental document for a project any federal agency that is required to adopt such document. Requires such an agency to collaborate on the preparation of such document unless it informs the lead agency that it has no jurisdiction, authority, expertise, or information with respect to, and does not intend to submit comments on, the project. Precludes any agency that declines to participate from submitting comments on such document or taking measures to oppose any permit, license, or approval related to that project based on the environmental review. Prohibits the lead agency from acting upon, responding to, or including in any document prepared under NEPA any comment submitted by a participating agency that concerns matters that are outside of such agency's authority and expertise.
Requires federal agencies to carry out: (1) obligations under other applicable laws concurrently and in conjunction with the review required under NEPA; and (2) such rules, policies, and procedures as may be reasonably necessary to enable such agency to ensure the completion of the environmental review and environmental decision making process in a timely, coordinated, and environmentally responsible manner.
Prescribes requirements for initiating and completing environmental review for a project, especially for: (1) determining the range of alternatives to be considered; (2) methodologies for analyzing such alternatives, including potential effects on employment; (3) a plan for coordinating public and agency participation in the environmental review; (4) periods for public and agency comments on draft EISs; and (5) a schedule for completing the review. Requires all participating agencies to comply with such schedule.
Establishes: (1) for projects requiring preparation of an EA, a one-year deadline for issuing a finding of no significant impact or a Notice of Intent to Prepare an EIS; and (2) for projects requiring preparation of an EIS, a two-year deadline for completing the EIS. Sets forth conditions for extensions.
Sets forth deadlines for decisions required under any other federal law relating to the undertaking of a project being reviewed under NEPA. Deems: (1) a project to be approved in the event that a federal agency fails to approve or otherwise act upon a permit, license, or other similar application for approval related to a project within such deadlines, and (2) such approval to be final agency action that may not be reversed by an agency. Applies the deadlines to environmental reviews and environmental decision making processes initiated after this Act's enactment. Requires any applicable period of time, for purposes of determining a deadline for a review or process initiated prior to this Act's enactment, to be calculated as beginning from the date of this Act's enactment.
Prescribes responsibilities of the lead agency and the participating agencies to work cooperatively to identify and resolve issues that could delay completion of the environmental review or could result in denial of any approvals required for the project under applicable laws.
Prohibits the lead agency from using the social cost of carbon in the any environmental review or environmental decision making process.
Requires the head of each federal agency to report annually on: (1) the projects for which the agency initiated preparation of an EIS or EA; (2) the projects for which the agency issued a record of decision or a finding of no significant impact and the length of time it took the agency to complete the environmental review for each such project; and (3) the filing and resolution of any lawsuits against the agency seeking judicial review of a permit, license, or approval issued by the agency for an action subject to NEPA.
Sets forth limitations to claims arising under federal law seeking judicial review of a permit, license, or approval issued by a federal agency for an action subject to NEPA.
Requires the Council on Environmental Quality and each federal agency to amend NEPA implementing regulations to implement the provisions of this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 2
To remove Federal Government obstacles to the production of more
domestic energy; to ensure transport of that energy reliably to
businesses, consumers, and other end users; to lower the cost of energy
to consumers; to enable manufacturers and other businesses to access
domestically produced energy affordably and reliably in order to create
and sustain more secure and well-paying American jobs; and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2014
Mr. Terry (for himself, Mr. Hastings of Washington, Mr. Upton, Mr.
Goodlatte, Mr. Shuster, Mr. Whitfield, Mr. Pompeo, Mr. Cassidy, Mr.
Gardner, Mr. Kinzinger of Illinois, Mr. Flores, Mr. Lamborn, Mr.
Johnson of Ohio, Mr. Marino, Mrs. Capito, and Mr. McKinley) introduced
the following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on Energy and Commerce,
Transportation and Infrastructure, the Judiciary, and Science, Space,
and Technology, 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 remove Federal Government obstacles to the production of more
domestic energy; to ensure transport of that energy reliably to
businesses, consumers, and other end users; to lower the cost of energy
to consumers; to enable manufacturers and other businesses to access
domestically produced energy affordably and reliably in order to create
and sustain more secure and well-paying American jobs; 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Energy
Solutions for Lower Costs and More American Jobs Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--ENERGY AND COMMERCE
TITLE I--MODERNIZING INFRASTRUCTURE
Subtitle A--Northern Route Approval
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Keystone XL permit approval.
Sec. 104. Judicial review.
Sec. 105. American burying beetle.
Sec. 106. Right-of-way and temporary use permit.
Sec. 107. Permits for activities in navigable waters.
Sec. 108. Migratory Bird Treaty Act permit.
Sec. 109. Oil spill response plan disclosure.
Subtitle B--Natural Gas Pipeline Permitting Reform
Sec. 121. Short title.
Sec. 122. Regulatory approval of natural gas pipeline projects.
Subtitle C--North American Energy Infrastructure
Sec. 131. Short title.
Sec. 132. Finding.
Sec. 133. Authorization of certain energy infrastructure projects at
the national boundary of the United States.
Sec. 134. Importation or exportation of natural gas to Canada and
Mexico.
Sec. 135. Transmission of electric energy to Canada and Mexico.
Sec. 136. No Presidential permit required.
Sec. 137. Modifications to existing projects.
Sec. 138. Effective date; rulemaking deadlines.
Sec. 139. Definitions.
TITLE II--MAINTAINING DIVERSE ELECTRICITY GENERATION AND AFFORDABILITY
Subtitle A--Energy Consumers Relief
Sec. 201. Short title.
Sec. 202. Prohibition against finalizing certain energy-related rules
that will cause significant adverse effects
to the economy.
Sec. 203. Reports and determinations prior to promulgating as final
certain energy-related rules.
Sec. 204. Definitions.
Sec. 205. Prohibition on use of social cost of carbon in analysis.
Subtitle B--Electricity Security and Affordability
Sec. 211. Short title.
Sec. 212. Standards of performance for new fossil fuel-fired electric
utility generating units.
Sec. 213. Congress To set effective date for standards of performance
for existing, modified, and reconstructed
fossil fuel-fired electric utility
generating units.
Sec. 214. Repeal of earlier rules and guidelines.
Sec. 215. Definitions.
Subtitle C--Report on Energy and Water Savings Potential From Thermal
Insulation
Sec. 221. Report on energy and water savings potential from thermal
insulation.
TITLE III--UNLEASHING ENERGY DIPLOMACY
Sec. 301. Short title.
Sec. 302. Action on applications.
Sec. 303. Public disclosure of export destinations.
DIVISION B--NATURAL RESOURCES COMMITTEE
Sec. 201. References.
Subdivision A--Lowering Gasoline Prices to Fuel an America That Works
Act of 2014
Sec. 1. Short title.
TITLE I--OFFSHORE ENERGY AND JOBS
Subtitle A--Outer Continental Shelf Leasing Program Reforms
Sec. 10101. Outer Continental Shelf leasing program reforms.
Sec. 10102. Domestic oil and natural gas production goal.
Sec. 10103. Development and submittal of new 5-year oil and gas leasing
program.
Sec. 10104. Rule of construction.
Sec. 10105. Addition of lease sales after finalization of 5-year plan.
Subtitle B--Directing the President To Conduct New OCS Sales
Sec. 10201. Requirement to conduct proposed oil and gas Lease Sale 220
on the Outer Continental Shelf offshore
Virginia.
Sec. 10202. South Carolina lease sale.
Sec. 10203. Southern California existing infrastructure lease sale.
Sec. 10204. Environmental impact statement requirement.
Sec. 10205. National defense.
Sec. 10206. Eastern Gulf of Mexico not included.
Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues
Sec. 10301. Disposition of Outer Continental Shelf revenues to coastal
States.
Subtitle D--Reorganization of Minerals Management Agencies of the
Department of the Interior
Sec. 10401. Establishment of Under Secretary for Energy, Lands, and
Minerals and Assistant Secretary of Ocean
Energy and Safety.
Sec. 10402. Bureau of Ocean Energy.
Sec. 10403. Ocean Energy Safety Service.
Sec. 10404. Office of Natural Resources revenue.
Sec. 10405. Ethics and drug testing.
Sec. 10406. Abolishment of Minerals Management Service.
Sec. 10407. Conforming amendments to Executive Schedule pay rates.
Sec. 10408. Outer Continental Shelf Energy Safety Advisory Board.
Sec. 10409. Outer Continental Shelf inspection fees.
Sec. 10410. Prohibition on action based on National Ocean Policy
developed under Executive Order No. 13547.
Subtitle E--United States Territories
Sec. 10501. Application of Outer Continental Shelf Lands Act with
respect to territories of the United
States.
Subtitle F--Miscellaneous Provisions
Sec. 10601. Rules regarding distribution of revenues under Gulf of
Mexico Energy Security Act of 2006.
Sec. 10602. Amount of distributed qualified outer Continental Shelf
revenues.
Sec. 10603. South Atlantic Outer Continental Shelf Planning Area
defined.
Sec. 10604. Enhancing geological and geophysical information for
America's energy future.
Subtitle G--Judicial Review
Sec. 10701. Time for filing complaint.
Sec. 10702. District court deadline.
Sec. 10703. Ability to seek appellate review.
Sec. 10704. Limitation on scope of review and relief.
Sec. 10705. Legal fees.
Sec. 10706. Exclusion.
Sec. 10707. Definitions.
TITLE II--ONSHORE FEDERAL LANDS AND ENERGY SECURITY
Subtitle A--Federal Lands Jobs and Energy Security
Sec. 21001. Short title.
Sec. 21002. Policies regarding buying, building, and working for
America.
Chapter 1--Onshore Oil and Gas Permit Streamlining
Sec. 21101. Short title.
subchapter a--application for permits to drill process reform
Sec. 21111. Permit to drill application timeline.
subchapter b--administrative protest documentation reform
Sec. 21121. Administrative protest documentation reform.
subchapter c--permit streamlining
Sec. 21131. Making pilot offices permanent to improve energy permitting
on Federal lands.
Sec. 21132. Administration of current law.
subchapter d--judicial review
Sec. 21141. Definitions.
Sec. 21142. Exclusive venue for certain civil actions relating to
covered energy projects.
Sec. 21143. Timely filing.
Sec. 21144. Expedition in hearing and determining the action.
Sec. 21145. Standard of review.
Sec. 21146. Limitation on injunction and prospective relief.
Sec. 21147. Limitation on attorneys' fees.
Sec. 21148. Legal standing.
subchapter e--knowing america's oil and gas resources
Sec. 21151. Funding oil and gas resource assessments.
Chapter 2--Oil and Gas Leasing Certainty
Sec. 21201. Short title.
Sec. 21202. Minimum acreage requirement for onshore lease sales.
Sec. 21203. Leasing certainty.
Sec. 21204. Leasing consistency.
Sec. 21205. Reduce redundant policies.
Sec. 21206. Streamlined congressional notification.
Chapter 3--Oil Shale
Sec. 21301. Short title.
Sec. 21302. Effectiveness of oil shale regulations, amendments to
resource management plans, and record of
decision.
Sec. 21303. Oil shale leasing.
Chapter 4--Miscellaneous Provisions
Sec. 21401. Rule of construction.
Subtitle B--Planning for American Energy
Sec. 22001. Short title.
Sec. 22002. Onshore domestic energy production strategic plan.
Subtitle C--National Petroleum Reserve in Alaska Access
Sec. 23001. Short title.
Sec. 23002. Sense of Congress and reaffirming national policy for the
National Petroleum Reserve in Alaska.
Sec. 23003. National Petroleum Reserve in Alaska: lease sales.
Sec. 23004. National Petroleum Reserve in Alaska: planning and
permitting pipeline and road construction.
Sec. 23005. Issuance of a new integrated activity plan and
environmental impact statement.
Sec. 23006. Departmental accountability for development.
Sec. 23007. Deadlines under new proposed integrated activity plan.
Sec. 23008. Updated resource assessment.
Subtitle D--BLM Live Internet Auctions
Sec. 24001. Short title.
Sec. 24002. Internet-based onshore oil and gas lease sales.
Subtitle E--Native American Energy
Sec. 25001. Short title.
Sec. 25002. Appraisals.
Sec. 25003. Standardization.
Sec. 25004. Environmental reviews of major Federal actions on Indian
lands.
Sec. 25005. Judicial review.
Sec. 25006. Tribal biomass demonstration project.
Sec. 25007. Tribal resource management plans.
Sec. 25008. Leases of restricted lands for the Navajo Nation.
Sec. 25009. Nonapplicability of certain rules.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 30101. Establishment of Office of Energy Employment and Training.
Subdivision B--Bureau of Reclamation Conduit Hydropower Development
Equity and Jobs Act
Sec. 1. Short title.
Sec. 2. Amendment.
Subdivision C--Central Oregon Jobs and Water Security Act
Sec. 1. Short title.
Sec. 2. Wild and Scenic River; Crooked, Oregon.
Sec. 3. City of Prineville Water Supply.
Sec. 4. First fill protection.
Sec. 5. Ochoco Irrigation District.
Subdivision D--State Authority For Hydraulic Fracturing Regulation; EPA
Hydraulic Fracturing Research
TITLE I--STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION
Sec. 101. Short title.
Sec. 102. State authority for hydraulic fracturing regulation.
Sec. 103. Government Accountability Office study.
Sec. 104. Tribal authority on trust land.
TITLE II--EPA HYDRAULIC FRACTURING RESEARCH
Sec. 201. Short title.
Sec. 202. Epa hydraulic fracturing research.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Review of State activities.
Subdivision E--Preventing Government Waste and Protecting Coal Mining
Jobs in America
Sec. 1. Short title.
Sec. 2. Incorporation of surface mining stream buffer zone rule into
State programs.
DIVISION C--JUDICIARY
Sec. 1. Short title.
Sec. 2. Coordination of agency administrative operations for efficient
decisionmaking.
DIVISION A--ENERGY AND COMMERCE
TITLE I--MODERNIZING INFRASTRUCTURE
Subtitle A--Northern Route Approval
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Northern Route Approval Act''.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) To maintain our Nation's competitive edge and ensure an
economy built to last, the United States must have fast,
reliable, resilient, and environmentally sound means of moving
energy. In a global economy, we will compete for the world's
investments based in significant part on the quality of our
infrastructure. Investing in the Nation's infrastructure
provides immediate and long-term economic benefits for local
communities and the Nation as a whole.
(2) The delivery of oil from Canada, a close ally not only
in proximity but in shared values and ideals, to domestic
markets is in the national interest because of the need to
lessen dependence upon insecure foreign sources.
(3) The Keystone XL pipeline would provide both short-term
and long-term employment opportunities and related labor income
benefits, such as government revenues associated with taxes.
(4) The State of Nebraska has thoroughly reviewed and
approved the proposed Keystone XL pipeline reroute, concluding
that the concerns of Nebraskans have had a major influence on
the pipeline reroute and that the reroute will have minimal
environmental impacts.
(5) The Keystone XL is in much the same position today as
the Alaska Pipeline in 1973 prior to congressional action. Once
again, the Federal regulatory process remains an insurmountable
obstacle to a project that is likely to reduce oil imports from
insecure foreign sources.
SEC. 103. KEYSTONE XL PERMIT APPROVAL.
Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note),
Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3,
United States Code, and any other Executive order or provision of law,
no Presidential permit shall be required for the pipeline described in
the application filed on May 4, 2012, by TransCanada Keystone Pipeline,
L.P. to the Department of State for the Keystone XL pipeline, as
supplemented to include the Nebraska reroute evaluated in the Final
Evaluation Report issued by the Nebraska Department of Environmental
Quality in January 2013 and approved by the Nebraska governor. The
final environmental impact statement issued by the Secretary of State
on January 31, 2014, coupled with the Final Evaluation Report described
in the previous sentence, shall be considered to satisfy all
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
SEC. 104. JUDICIAL REVIEW.
(a) Exclusive Jurisdiction.--Except for review by the Supreme Court
on writ of certiorari, the United States Court of Appeals for the
District of Columbia Circuit shall have original and exclusive
jurisdiction to determine--
(1) the validity of any final order or action (including a
failure to act) of any Federal agency or officer with respect
to issuance of a permit relating to the construction or
maintenance of the Keystone XL pipeline, including any final
order or action deemed to be taken, made, granted, or issued;
(2) the constitutionality of any provision of this
subtitle, or any decision or action taken, made, granted, or
issued, or deemed to be taken, made, granted, or issued under
this subtitle; or
(3) the adequacy of any environmental impact statement
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), or of any analysis under any other
Act, with respect to any action taken, made, granted, or
issued, or deemed to be taken, made, granted, or issued under
this subtitle.
(b) Deadline for Filing Claim.--A claim arising under this subtitle
may be brought not later than 60 days after the date of the decision or
action giving rise to the claim.
(c) Expedited Consideration.--The United States Court of Appeals
for the District of Columbia Circuit shall set any action brought under
subsection (a) for expedited consideration, taking into account the
national interest of enhancing national energy security by providing
access to the significant oil reserves in Canada that are needed to
meet the demand for oil.
SEC. 105. AMERICAN BURYING BEETLE.
(a) Findings.--The Congress finds that--
(1) environmental reviews performed for the Keystone XL
pipeline project satisfy the requirements of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) in its
entirety; and
(2) for purposes of that Act, the Keystone XL pipeline
project will not jeopardize the continued existence of the
American burying beetle or destroy or adversely modify American
burying beetle critical habitat.
(b) Biological Opinion.--The Secretary of the Interior is deemed to
have issued a written statement setting forth the Secretary's opinion
containing such findings under section 7(b)(1)(A) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the
American burying beetle that is incidental to the construction or
operation and maintenance of the Keystone XL pipeline as it may be
ultimately defined in its entirety, shall not be considered a
prohibited taking of such species under such Act.
SEC. 106. RIGHT-OF-WAY AND TEMPORARY USE PERMIT.
The Secretary of the Interior is deemed to have granted or issued a
grant of right-of-way and temporary use permit under section 28 of the
Mineral Leasing Act (30 U.S.C. 185) and the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth in the
application tendered to the Bureau of Land Management for the Keystone
XL pipeline.
SEC. 107. PERMITS FOR ACTIVITIES IN NAVIGABLE WATERS.
(a) Issuance of Permits.--The Secretary of the Army, not later than
90 days after receipt of an application therefor, shall issue all
permits under section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344) and section 10 of the Act of March 3, 1899 (33 U.S.C.
403; commonly known as the Rivers and Harbors Appropriations Act of
1899), necessary for the construction, operation, and maintenance of
the pipeline described in the May 4, 2012, application referred to in
section 103, as supplemented by the Nebraska reroute. The application
shall be based on the administrative record for the pipeline as of the
date of enactment of this Act, which shall be considered complete.
(b) Waiver of Procedural Requirements.--The Secretary may waive any
procedural requirement of law or regulation that the Secretary
considers desirable to waive in order to accomplish the purposes of
this section.
(c) Issuance in Absence of Action by the Secretary.--If the
Secretary has not issued a permit described in subsection (a) on or
before the last day of the 90-day period referred to in subsection (a),
the permit shall be deemed issued under section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act
of March 3, 1899 (33 U.S.C. 403), as appropriate, on the day following
such last day.
(d) Limitation.--The Administrator of the Environmental Protection
Agency may not prohibit or restrict an activity or use of an area that
is authorized under this section.
SEC. 108. MIGRATORY BIRD TREATY ACT PERMIT.
The Secretary of the Interior is deemed to have issued a special
purpose permit under the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.), as described in the application filed with the United States
Fish and Wildlife Service for the Keystone XL pipeline on January 11,
2013.
SEC. 109. OIL SPILL RESPONSE PLAN DISCLOSURE.
(a) In General.--Any pipeline owner or operator required under
Federal law to develop an oil spill response plan for the Keystone XL
pipeline shall make such plan available to the Governor of each State
in which such pipeline operates to assist with emergency response
preparedness.
(b) Updates.--A pipeline owner or operator required to make
available to a Governor a plan under subsection (a) shall make
available to such Governor any update of such plan not later than 7
days after the date on which such update is made.
Subtitle B--Natural Gas Pipeline Permitting Reform
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ``Natural Gas Pipeline Permitting
Reform Act''.
SEC. 122. REGULATORY APPROVAL OF NATURAL GAS PIPELINE PROJECTS.
Section 7 of the Natural Gas Act (15 U.S.C. 717f) is amended by
adding at the end the following new subsection:
``(i)(1) The Commission shall approve or deny an application for a
certificate of public convenience and necessity for a prefiled project
not later than 12 months after receiving a complete application that is
ready to be processed, as defined by the Commission by regulation.
``(2) The agency responsible for issuing any license, permit, or
approval required under Federal law in connection with a prefiled
project for which a certificate of public convenience and necessity is
sought under this Act shall approve or deny the issuance of the
license, permit, or approval not later than 90 days after the
Commission issues its final environmental document relating to the
project.
``(3) The Commission may extend the time period under paragraph (2)
by 30 days if an agency demonstrates that it cannot otherwise complete
the process required to approve or deny the license, permit, or
approval, and therefor will be compelled to deny the license, permit,
or approval. In granting an extension under this paragraph, the
Commission may offer technical assistance to the agency as necessary to
address conditions preventing the completion of the review of the
application for the license, permit, or approval.
``(4) If an agency described in paragraph (2) does not approve or
deny the issuance of the license, permit, or approval within the time
period specified under paragraph (2) or (3), as applicable, such
license, permit, or approval shall take effect upon the expiration of
30 days after the end of such period. The Commission shall incorporate
into the terms of such license, permit, or approval any conditions
proffered by the agency described in paragraph (2) that the Commission
does not find are inconsistent with the final environmental document.
``(5) For purposes of this subsection, the term `prefiled project'
means a project for the siting, construction, expansion, or operation
of a natural gas pipeline with respect to which a prefiling docket
number has been assigned by the Commission pursuant to a prefiling
process established by the Commission for the purpose of facilitating
the formal application process for obtaining a certificate of public
convenience and necessity.''.
Subtitle C--North American Energy Infrastructure
SEC. 131. SHORT TITLE.
This subtitle may be cited as the ``North American Energy
Infrastructure Act''.
SEC. 132. FINDING.
Congress finds that the United States should establish a more
uniform, transparent, and modern process for the construction,
connection, operation, and maintenance of oil and natural gas pipelines
and electric transmission facilities for the import and export of oil
and natural gas and the transmission of electricity to and from Canada
and Mexico, in pursuit of a more secure and efficient North American
energy market.
SEC. 133. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT
THE NATIONAL BOUNDARY OF THE UNITED STATES.
(a) Authorization.--Except as provided in subsection (c) and
section 137, no person may construct, connect, operate, or maintain a
cross-border segment of an oil pipeline or electric transmission
facility for the import or export of oil or the transmission of
electricity to or from Canada or Mexico without obtaining a certificate
of crossing for the construction, connection, operation, or maintenance
of the cross-border segment under this section.
(b) Certificate of Crossing.--
(1) Requirement.--Not later than 120 days after final
action is taken under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to a cross-border
segment for which a request is received under this section, the
relevant official identified under paragraph (2), in
consultation with appropriate Federal agencies, shall issue a
certificate of crossing for the cross-border segment unless the
relevant official finds that the construction, connection,
operation, or maintenance of the cross-border segment is not in
the public interest of the United States.
(2) Relevant official.--The relevant official referred to
in paragraph (1) is--
(A) the Secretary of State with respect to oil
pipelines; and
(B) the Secretary of Energy with respect to
electric transmission facilities.
(3) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate of
crossing for the construction, connection, operation, or
maintenance of a cross-border segment of an electric
transmission facility, the Secretary of Energy shall require,
as a condition of issuing the certificate of crossing for the
request under paragraph (1), that the cross-border segment of
the electric transmission facility be constructed, connected,
operated, or maintained consistent with all applicable policies
and standards of--
(A) the Electric Reliability Organization and the
applicable regional entity; and
(B) any Regional Transmission Organization or
Independent System Operator with operational or
functional control over the cross-border segment of the
electric transmission facility.
(c) Exclusions.--This section shall not apply to any construction,
connection, operation, or maintenance of a cross-border segment of an
oil pipeline or electric transmission facility for the import or export
of oil or the transmission of electricity to or from Canada or Mexico--
(1) if the cross-border segment is operating for such
import, export, or transmission as of the date of enactment of
this Act;
(2) if a permit described in section 136 for such
construction, connection, operation, or maintenance has been
issued;
(3) if a certificate of crossing for such construction,
connection, operation, or maintenance has previously been
issued under this section; or
(4) if an application for a permit described in section 136
for such construction, connection, operation, or maintenance is
pending on the date of enactment of this Act, until the earlier
of--
(A) the date on which such application is denied;
or
(B) July 1, 2016.
(d) Effect of Other Laws.--
(1) Application to projects.--Nothing in this section or
section 137 shall affect the application of any other Federal
statute to a project for which a certificate of crossing for
the construction, connection, operation, or maintenance of a
cross-border segment is sought under this section.
(2) Natural gas act.--Nothing in this section or section
137 shall affect the requirement to obtain approval or
authorization under sections 3 and 7 of the Natural Gas Act for
the siting, construction, or operation of any facility to
import or export natural gas.
(3) Energy policy and conservation act.--Nothing in this
section or section 137 shall affect the authority of the
President under section 103(a) of the Energy Policy and
Conservation Act.
SEC. 134. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA AND
MEXICO.
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended
by adding at the end the following: ``No order is required under
subsection (a) to authorize the export or import of any natural gas to
or from Canada or Mexico.''.
SEC. 135. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO.
(a) Repeal of Requirement To Secure Order.--Section 202(e) of the
Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(b) Conforming Amendments.--
(1) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(2) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that follows
through the period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed transmission
facilities would not impair the sufficiency of electric supply
within the United States or would not impede or tend to impede
the coordination in the public interest of facilities subject
to the jurisdiction of the Secretary.''.
SEC. 136. NO PRESIDENTIAL PERMIT REQUIRED.
No Presidential permit (or similar permit) required under Executive
Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3
U.S.C. 301 note), section 301 of title 3, United States Code, Executive
Order No. 12038, Executive Order No. 10485, or any other Executive
order shall be necessary for the construction, connection, operation,
or maintenance of an oil or natural gas pipeline or electric
transmission facility, or any cross-border segment thereof.
SEC. 137. MODIFICATIONS TO EXISTING PROJECTS.
No certificate of crossing under section 133, or permit described
in section 136, shall be required for a modification to the
construction, connection, operation, or maintenance of an oil or
natural gas pipeline or electric transmission facility--
(1) that is operating for the import or export of oil or
natural gas or the transmission of electricity to or from
Canada or Mexico as of the date of enactment of the Act;
(2) for which a permit described in section 136 for such
construction, connection, operation, or maintenance has been
issued; or
(3) for which a certificate of crossing for the cross-
border segment of the pipeline or facility has previously been
issued under section 133.
SEC. 138. EFFECTIVE DATE; RULEMAKING DEADLINES.
(a) Effective Date.--Sections 133 through 137, and the amendments
made by such sections, shall take effect on July 1, 2015.
(b) Rulemaking Deadlines.--Each relevant official described in
section 133(b)(2) shall--
(1) not later than 180 days after the date of enactment of
this Act, publish in the Federal Register notice of a proposed
rulemaking to carry out the applicable requirements of section
133; and
(2) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to carry
out the applicable requirements of section 133.
SEC. 139. DEFINITIONS.
In this subtitle--
(1) the term ``cross-border segment'' means the portion of
an oil or natural gas pipeline or electric transmission
facility that is located at the national boundary of the United
States with either Canada or Mexico;
(2) the term ``modification'' includes a reversal of flow
direction, change in ownership, volume expansion, downstream or
upstream interconnection, or adjustment to maintain flow (such
as a reduction or increase in the number of pump or compressor
stations);
(3) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
(4) the term ``oil'' means petroleum or a petroleum
product;
(5) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o); and
(6) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
TITLE II--MAINTAINING DIVERSE ELECTRICITY GENERATION AND AFFORDABILITY
Subtitle A--Energy Consumers Relief
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Energy Consumers Relief Act of
2014''.
SEC. 202. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES
THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE
ECONOMY.
Notwithstanding any other provision of law, the Administrator of
the Environmental Protection Agency may not promulgate as final an
energy-related rule that is estimated to cost more than $1 billion if
the Secretary of Energy determines under section 203(3) that the rule
will cause significant adverse effects to the economy.
SEC. 203. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL
CERTAIN ENERGY-RELATED RULES.
Before promulgating as final any energy-related rule that is
estimated to cost more than $1 billion:
(1) Report to congress.--The Administrator of the
Environmental Protection Agency shall submit to Congress a
report (and transmit a copy to the Secretary of Energy)
containing--
(A) a copy of the rule;
(B) a concise general statement relating to the
rule;
(C) an estimate of the total costs of the rule,
including the direct costs and indirect costs of the
rule;
(D)(i) an estimate of the total benefits of the
rule and when such benefits are expected to be
realized;
(ii) a description of the modeling, the
calculations, the assumptions, and the limitations due
to uncertainty, speculation, or lack of information
associated with the estimates under this subparagraph;
and
(iii) a certification that all data and documents
relied upon by the Agency in developing such
estimates--
(I) have been preserved; and
(II) are available for review by the public
on the Agency's Web site, except to the extent
to which publication of such data and documents
would constitute disclosure of confidential
information in violation of applicable Federal
law;
(E) an estimate of the increases in energy prices,
including potential increases in gasoline or
electricity prices for consumers, that may result from
implementation or enforcement of the rule; and
(F) a detailed description of the employment
effects, including potential job losses and shifts in
employment, that may result from implementation or
enforcement of the rule.
(2) Initial determination on increases and impacts.--The
Secretary of Energy, in consultation with the Federal Energy
Regulatory Commission and the Administrator of the Energy
Information Administration, shall prepare an independent
analysis to determine whether the rule will cause--
(A) any increase in energy prices for consumers,
including low-income households, small businesses, and
manufacturers;
(B) any impact on fuel diversity of the Nation's
electricity generation portfolio or on national,
regional, or local electric reliability;
(C) any adverse effect on energy supply,
distribution, or use due to the economic or technical
infeasibility of implementing the rule; or
(D) any other adverse effect on energy supply,
distribution, or use (including a shortfall in supply
and increased use of foreign supplies).
(3) Subsequent determination on adverse effects to the
economy.--If the Secretary of Energy determines, under
paragraph (2), that the rule will cause an increase, impact, or
effect described in such paragraph, then the Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, the Secretary of Commerce, the Secretary of
Labor, and the Administrator of the Small Business
Administration, shall--
(A) determine whether the rule will cause
significant adverse effects to the economy, taking into
consideration--
(i) the costs and benefits of the rule and
limitations in calculating such costs and
benefits due to uncertainty, speculation, or
lack of information; and
(ii) the positive and negative impacts of
the rule on economic indicators, including
those related to gross domestic product,
unemployment, wages, consumer prices, and
business and manufacturing activity; and
(B) publish the results of such determination in
the Federal Register.
SEC. 204. DEFINITIONS.
In this subtitle:
(1) The terms ``direct costs'' and ``indirect costs'' have
the meanings given such terms in chapter 8 of the Environmental
Protection Agency's ``Guidelines for Preparing Economic
Analyses'' dated December 17, 2010.
(2) The term ``energy-related rule that is estimated to
cost more than $1 billion'' means a rule of the Environmental
Protection Agency that--
(A) regulates any aspect of the production, supply,
distribution, or use of energy or provides for such
regulation by States or other governmental entities;
and
(B) is estimated by the Administrator of the
Environmental Protection Agency or the Director of the
Office of Management and Budget to impose direct costs
and indirect costs, in the aggregate, of more than
$1,000,000,000.
(3) The term ``rule'' has the meaning given to such term in
section 551 of title 5, United States Code.
SEC. 205. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.
(a) In General.--Notwithstanding any other provision of law or any
executive order, the Administrator of the Environmental Protection
Agency may not use the social cost of carbon in order to incorporate
social benefits of reducing carbon dioxide emissions, or for any other
reason, in any cost-benefit analysis relating to an energy-related rule
that is estimated to cost more than $1 billion unless and until a
Federal law is enacted authorizing such use.
(b) Definition.--In this section, the term ``social cost of
carbon'' means the social cost of carbon as described in the technical
support document entitled ``Technical Support Document: Technical
Update of the Social Cost of Carbon for Regulatory Impact Analysis
Under Executive Order 12866'', published by the Interagency Working
Group on Social Cost of Carbon, United States Government, in May 2013,
or any successor or substantially related document, or any other
estimate of the monetized damages associated with an incremental
increase in carbon dioxide emissions in a given year.
Subtitle B--Electricity Security and Affordability
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Electricity Security and
Affordability Act''.
SEC. 212. STANDARDS OF PERFORMANCE FOR NEW FOSSIL FUEL-FIRED ELECTRIC
UTILITY GENERATING UNITS.
(a) Limitation.--The Administrator of the Environmental Protection
Agency may not issue, implement, or enforce any proposed or final rule
under section 111 of the Clean Air Act (42 U.S.C. 7411) that
establishes a standard of performance for emissions of any greenhouse
gas from any new source that is a fossil fuel-fired electric utility
generating unit unless such rule meets the requirements under
subsections (b) and (c).
(b) Requirements.--In issuing any rule under section 111 of the
Clean Air Act (42 U.S.C. 7411) establishing standards of performance
for emissions of any greenhouse gas from new sources that are fossil
fuel-fired electric utility generating units, the Administrator of the
Environmental Protection Agency (for purposes of establishing such
standards)--
(1) shall separate sources fueled with coal and natural gas
into separate categories; and
(2) shall not set a standard based on the best system of
emission reduction for new sources within a fossil-fuel
category unless--
(A) such standard has been achieved on average for
at least one continuous 12-month period (excluding
planned outages) by each of at least 6 units within
such category--
(i) each of which is located at a different
electric generating station in the United
States;
(ii) which, collectively, are
representative of the operating characteristics
of electric generation at different locations
in the United States; and
(iii) each of which is operated for the
entire 12-month period on a full commercial
basis; and
(B) no results obtained from any demonstration
project are used in setting such standard.
(c) Coal Having a Heat Content of 8300 or Less British Thermal
Units Per Pound.--
(1) Separate subcategory.--In carrying out subsection
(b)(1), the Administrator of the Environmental Protection
Agency shall establish a separate subcategory for new sources
that are fossil fuel-fired electric utility generating units
using coal with an average heat content of 8300 or less British
Thermal Units per pound.
(2) Standard.--Notwithstanding subsection (b)(2), in
issuing any rule under section 111 of the Clean Air Act (42
U.S.C. 7411) establishing standards of performance for
emissions of any greenhouse gas from new sources in such
subcategory, the Administrator of the Environmental Protection
Agency shall not set a standard based on the best system of
emission reduction unless--
(A) such standard has been achieved on average for
at least one continuous 12-month period (excluding
planned outages) by each of at least 3 units within
such subcategory--
(i) each of which is located at a different
electric generating station in the United
States;
(ii) which, collectively, are
representative of the operating characteristics
of electric generation at different locations
in the United States; and
(iii) each of which is operated for the
entire 12-month period on a full commercial
basis; and
(B) no results obtained from any demonstration
project are used in setting such standard.
(d) Technologies.--Nothing in this section shall be construed to
preclude the issuance, implementation, or enforcement of a standard of
performance that--
(1) is based on the use of one or more technologies that
are developed in a foreign country, but has been demonstrated
to be achievable at fossil fuel-fired electric utility
generating units in the United States; and
(2) meets the requirements of subsection (b) and (c), as
applicable.
SEC. 213. CONGRESS TO SET EFFECTIVE DATE FOR STANDARDS OF PERFORMANCE
FOR EXISTING, MODIFIED, AND RECONSTRUCTED FOSSIL FUEL-
FIRED ELECTRIC UTILITY GENERATING UNITS.
(a) Applicability.--This section applies with respect to any rule
or guidelines issued by the Administrator of the Environmental
Protection Agency under section 111 of the Clean Air Act (42 U.S.C.
7411) that--
(1) establish any standard of performance for emissions of
any greenhouse gas from any modified or reconstructed source
that is a fossil fuel-fired electric utility generating unit;
or
(2) apply to the emissions of any greenhouse gas from an
existing source that is a fossil fuel-fired electric utility
generating unit.
(b) Congress To Set Effective Date.--A rule or guidelines described
in subsection (a) shall not take effect unless a Federal law is enacted
specifying such rule's or guidelines' effective date.
(c) Reporting.--A rule or guidelines described in subsection (a)
shall not take effect unless the Administrator of the Environmental
Protection Agency has submitted to Congress a report containing each of
the following:
(1) The text of such rule or guidelines.
(2) The economic impacts of such rule or guidelines,
including the potential effects on--
(A) economic growth, competitiveness, and jobs in
the United States;
(B) electricity ratepayers, including low-income
ratepayers in affected States;
(C) required capital investments and projected
costs for operation and maintenance of new equipment
required to be installed; and
(D) the global economic competitiveness of the
United States.
(3) The amount of greenhouse gas emissions that such rule
or guidelines are projected to reduce as compared to overall
global greenhouse gas emissions.
(d) Consultation.--In carrying out subsection (c), the
Administrator of the Environmental Protection Agency shall consult with
the Administrator of the Energy Information Administration, the
Comptroller General of the United States, the Director of the National
Energy Technology Laboratory, and the Under Secretary of Commerce for
Standards and Technology.
SEC. 214. REPEAL OF EARLIER RULES AND GUIDELINES.
The following rules and guidelines shall be of no force or effect,
and shall be treated as though such rules and guidelines had never been
issued:
(1) The proposed rule--
(A) entitled ``Standards of Performance for
Greenhouse Gas Emissions for New Stationary Sources:
Electric Utility Generating Units'', published at 77
Fed. Reg. 22392 (April 13, 2012); and
(B) withdrawn pursuant to the notice entitled
``Withdrawal of Proposed Standards of Performance for
Greenhouse Gas Emissions From New Stationary Sources:
Electric Utility Generating Units'', published at 79
Fed. Reg. 1352 (January 8, 2014).
(2) The proposed rule entitled ``Standards of Performance
for Greenhouse Gas Emissions From New Stationary Sources:
Electric Utility Generating Units'', published at 79 Fed. Reg.
1430 (January 8, 2014).
(3) With respect to the proposed rules described in
paragraphs (1) and (2), any successor or substantially similar
proposed or final rule that--
(A) is issued prior to the date of the enactment of
this Act;
(B) is applicable to any new source that is a
fossil fuel-fired electric utility generating unit; and
(C) does not meet the requirements under
subsections (b) and (c) of section 212.
(4) The proposed rule entitled ``Carbon Pollution Emission
Guidelines for Existing Stationary Sources: Electric Utility
Generating Units'', published at 79 Fed. Reg. 34830 (June 18,
2014).
(5) The proposed rule entitled ``Carbon Pollution Standards
for Modified and Reconstructed Stationary Sources: Electric
Utility Generating Units'', published at 79 Fed. Reg. 34960
(June 18, 2014).
(6) With respect to the proposed rules described in
paragraphs (4) and (5), any successor or substantially similar
proposed or final rule that--
(A) is issued prior to the date of the enactment of
this Act; and
(B) is applicable to any existing, modified, or
reconstructed source that is a fossil fuel-fired
electric utility generating unit.
SEC. 215. DEFINITIONS.
In this subtitle:
(1) Demonstration project.--The term ``demonstration
project'' means a project to test or demonstrate the
feasibility of carbon capture and storage technologies that has
received Federal Government funding or financial assistance.
(2) Existing source.--The term ``existing source'' has the
meaning given such term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)), except such term shall not include any
modified source.
(3) Greenhouse gas.--The term ``greenhouse gas'' means any
of the following:
(A) Carbon dioxide.
(B) Methane.
(C) Nitrous oxide.
(D) Sulfur hexafluoride.
(E) Hydrofluorocarbons.
(F) Perfluorocarbons.
(4) Modification.--The term ``modification'' has the
meaning given such term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)).
(5) Modified source.--The term ``modified source'' means
any stationary source, the modification of which is commenced
after the date of the enactment of this Act.
(6) New source.--The term ``new source'' has the meaning
given such term in section 111(a) of the Clean Air Act (42
U.S.C. 7411(a)), except that such term shall not include any
modified source.
Subtitle C--Report on Energy and Water Savings Potential From Thermal
Insulation
SEC. 221. REPORT ON ENERGY AND WATER SAVINGS POTENTIAL FROM THERMAL
INSULATION.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Energy, in consultation with appropriate
Federal agencies and relevant stakeholders, shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report on the impact of thermal insulation on both energy and water use
systems for potable hot and chilled water in Federal buildings, and the
return on investment of installing such insulation.
(b) Contents.--The report shall include--
(1) an analysis based on the cost of municipal or regional
water for delivered water and the avoided cost of new water;
and
(2) a summary of energy and water savings, including short
term and long term (20 years) projections of such savings.
TITLE III--UNLEASHING ENERGY DIPLOMACY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Domestic Prosperity and Global
Freedom Act''.
SEC. 302. ACTION ON APPLICATIONS.
(a) Decision Deadline.--For proposals that must also obtain
authorization from the Federal Energy Regulatory Commission or the
United States Maritime Administration to site, construct, expand, or
operate LNG export facilities, the Department of Energy shall issue a
final decision on any application for the authorization to export
natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) not
later than 30 days after the later of--
(1) the conclusion of the review to site, construct,
expand, or operate the LNG facilities required by the National
Environmental Policy Act of 1969 (42 U.S. C. 4321 et seq.); or
(2) the date of enactment of this Act.
(b) Conclusion of Review.--For purposes of subsection (a), review
required by the National Environmental Policy Act of 1969 shall be
considered concluded--
(1) for a project requiring an Environmental Impact
Statement, 30 days after publication of a Final Environmental
Impact Statement;
(2) for a project for which an Environmental Assessment has
been prepared, 30 days after publication by the Department of
Energy of a Finding of No Significant Impact; and
(3) upon a determination by the lead agency that an
application is eligible for a categorical exclusion pursuant
National Environmental Policy Act of 1969 implementing
regulations.
(c) Judicial Action.--(1) The United States Court of Appeals for
the circuit in which the export facility will be located pursuant to an
application described in subsection (a) shall have original and
exclusive jurisdiction over any civil action for the review of--
(A) an order issued by the Department of Energy with
respect to such application; or
(B) the Department of Energy's failure to issue a final
decision on such application.
(2) If the Court in a civil action described in paragraph (1) finds
that the Department of Energy has failed to issue a final decision on
the application as required under subsection (a), the Court shall order
the Department of Energy to issue such final decision not later than 30
days after the Court's order.
(3) The Court shall set any civil action brought under this
subsection for expedited consideration and shall set the matter on the
docket as soon as practical after the filing date of the initial
pleading.
SEC. 303. PUBLIC DISCLOSURE OF EXPORT DESTINATIONS.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by
adding at the end the following:
``(g) Public Disclosure of LNG Export Destinations.--As a condition
for approval of any authorization to export LNG, the Secretary of
Energy shall require the applicant to publicly disclose the specific
destination or destinations of any such authorized LNG exports.''.
DIVISION B--NATURAL RESOURCES COMMITTEE
SEC. 201. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' in any subdivision of this division shall be treated as referring
only to the provisions of that subdivision.
SUBDIVISION A--LOWERING GASOLINE PRICES TO FUEL AN AMERICA THAT WORKS
ACT OF 2014
SEC. 1. SHORT TITLE.
This subdivision may be cited as the ``Lowering Gasoline Prices to
Fuel an America That Works Act of 2014''.
TITLE I--OFFSHORE ENERGY AND JOBS
Subtitle A--Outer Continental Shelf Leasing Program Reforms
SEC. 10101. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS.
Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(a)) is amended by adding at the end the following:
``(5)(A) In each oil and gas leasing program under this
section, the Secretary shall make available for leasing and
conduct lease sales including at least 50 percent of the
available unleased acreage within each outer Continental Shelf
planning area considered to have the largest undiscovered,
technically recoverable oil and gas resources (on a total btu
basis) based upon the most recent national geologic assessment
of the outer Continental Shelf, with an emphasis on offering
the most geologically prospective parts of the planning area.
``(B) The Secretary shall include in each proposed oil and
gas leasing program under this section any State subdivision of
an outer Continental Shelf planning area that the Governor of
the State that represents that subdivision requests be made
available for leasing. The Secretary may not remove such a
subdivision from the program until publication of the final
program, and shall include and consider all such subdivisions
in any environmental review conducted and statement prepared
for such program under section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
``(C) In this paragraph the term `available unleased
acreage' means that portion of the outer Continental Shelf that
is not under lease at the time of a proposed lease sale, and
that has not otherwise been made unavailable for leasing by
law.
``(6)(A) In the 5-year oil and gas leasing program, the
Secretary shall make available for leasing any outer
Continental Shelf planning areas that--
``(i) are estimated to contain more than
2,500,000,000 barrels of oil; or
``(ii) are estimated to contain more than
7,500,000,000,000 cubic feet of natural gas.
``(B) To determine the planning areas described in
subparagraph (A), the Secretary shall use the document entitled
`Minerals Management Service Assessment of Undiscovered
Technically Recoverable Oil and Gas Resources of the Nation's
Outer Continental Shelf, 2006'.''.
SEC. 10102. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.
Section 18(b) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(b)) is amended to read as follows:
``(b) Domestic Oil and Natural Gas Production Goal.---
``(1) In general.--In developing a 5-year oil and gas
leasing program, and subject to paragraph (2), the Secretary
shall determine a domestic strategic production goal for the
development of oil and natural gas as a result of that program.
Such goal shall be--
``(A) the best estimate of the possible increase in
domestic production of oil and natural gas from the
outer Continental Shelf;
``(B) focused on meeting domestic demand for oil
and natural gas and reducing the dependence of the
United States on foreign energy; and
``(C) focused on the production increases achieved
by the leasing program at the end of the 15-year period
beginning on the effective date of the program.
``(2) Program goal.--For purposes of the 5-year oil and gas
leasing program, the production goal referred to in paragraph
(1) shall be an increase by 2032 of--
``(A) no less than 3,000,000 barrels in the amount
of oil produced per day; and
``(B) no less than 10,000,000,000 cubic feet in the
amount of natural gas produced per day.
``(3) Reporting.--The Secretary shall report annually,
beginning at the end of the 5-year period for which the program
applies, to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate on the progress of the program in
meeting the production goal. The Secretary shall identify in
the report projections for production and any problems with
leasing, permitting, or production that will prevent meeting
the goal.''.
SEC. 10103. DEVELOPMENT AND SUBMITTAL OF NEW 5-YEAR OIL AND GAS LEASING
PROGRAM.
(a) In General.--The Secretary of the Interior shall--
(1) by not later than July 15, 2015, publish and submit to
Congress a new proposed oil and gas leasing program under
section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) for the 5-year period beginning on such date and ending
July 15, 2021; and
(2) by not later than July 15, 2016, approve a final oil
and gas leasing program under such section for such period.
(b) Consideration of All Areas.--In preparing such program the
Secretary shall include consideration of areas of the Continental Shelf
off the coasts of all States (as such term is defined in section 2 of
that Act, as amended by this title), that are subject to leasing under
this title.
(c) Technical Correction.--Section 18(d)(3) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1344(d)(3)) is amended by
striking ``or after eighteen months following the date of enactment of
this section, whichever first occurs,''.
SEC. 10104. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to authorize the issuance
of a lease under the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.) to any person designated for the imposition of sanctions
pursuant to--
(1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note),
the Comprehensive Iran Sanctions, Accountability and
Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran
Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8701 et seq.), section 1245 of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or
the Iran Freedom and Counter-Proliferation Act of 2012 (22
U.S.C. 8801 et seq.);
(2) Executive Order No. 13622 (July 30, 2012), Executive
Order No. 13628 (October 9, 2012), or Executive Order No. 13645
(June 3, 2013);
(3) Executive Order No. 13224 (September 23, 2001) or
Executive Order No. 13338 (May 11, 2004); or
(4) the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (22 U.S.C. 2151 note).
SEC. 10105. ADDITION OF LEASE SALES AFTER FINALIZATION OF 5-YEAR PLAN.
Section 18(d) of the Outer Continental Shelf Lands Act (43
U.S.C.1344(d)) is amended--
(1) in paragraph (3), by striking ``After'' and inserting
``Except as provided in paragraph (4), after''; and
(2) by adding at the end the following:
``(4) The Secretary may add to the areas included in an approved
leasing program additional areas to be made available for leasing under
the program, if all review and documents required under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332) have
been completed with respect to leasing of each such additional area
within the 5-year period preceding such addition.''.
Subtitle B--Directing the President To Conduct New OCS Sales
SEC. 10201. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220
ON THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.
(a) In General.--Notwithstanding the exclusion of Lease Sale 220 in
the Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017,
the Secretary of the Interior shall conduct offshore oil and gas Lease
Sale 220 under section 8 of the Outer Continental Shelf Lands Act (43
U.S.C. 1337) as soon as practicable, but not later than one year after
the date of enactment of this Act.
(b) Requirement To Make Replacement Lease Blocks Available.--For
each lease block in a proposed lease sale under this section for which
the Secretary of Defense, in consultation with the Secretary of the
Interior, under the Memorandum of Agreement referred to in section
10205(b), issues a statement proposing deferral from a lease offering
due to defense-related activities that are irreconcilable with mineral
exploration and development, the Secretary of the Interior, in
consultation with the Secretary of Defense, shall make available in the
same lease sale one other lease block in the Virginia lease sale
planning area that is acceptable for oil and gas exploration and
production in order to mitigate conflict.
(c) Balancing Military and Energy Production Goals.--In recognition
that the Outer Continental Shelf oil and gas leasing program and the
domestic energy resources produced therefrom are integral to national
security, the Secretary of the Interior and the Secretary of Defense
shall work jointly in implementing this section in order to ensure
achievement of the following common goals:
(1) Preserving the ability of the Armed Forces of the
United States to maintain an optimum state of readiness through
their continued use of the Outer Continental Shelf.
(2) Allowing effective exploration, development, and
production of our Nation's oil, gas, and renewable energy
resources.
(d) Definitions.--In this section:
(1) Lease sale 220.--The term ``Lease Sale 220'' means such
lease sale referred to in the Request for Comments on the Draft
Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas
Leasing Program for 2010-2015 and Notice of Intent To Prepare
an Environmental Impact Statement (EIS) for the Proposed 5-Year
Program published January 21, 2009 (74 Fed. Reg. 3631).
(2) Virginia lease sale planning area.--The term ``Virginia
lease sale planning area'' means the area of the outer
Continental Shelf (as that term is defined in the Outer
Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that is
bounded by--
(A) a northern boundary consisting of a straight
line extending from the northernmost point of
Virginia's seaward boundary to the point on the seaward
boundary of the United States exclusive economic zone
located at 37 degrees 17 minutes 1 second North
latitude, 71 degrees 5 minutes 16 seconds West
longitude; and
(B) a southern boundary consisting of a straight
line extending from the southernmost point of
Virginia's seaward boundary to the point on the seaward
boundary of the United States exclusive economic zone
located at 36 degrees 31 minutes 58 seconds North
latitude, 71 degrees 30 minutes 1 second West
longitude.
SEC. 10202. SOUTH CAROLINA LEASE SALE.
Notwithstanding exclusion of the South Atlantic Outer Continental
Shelf Planning Area from the Final Outer Continental Shelf Oil & Gas
Leasing Program 2012-2017, the Secretary of the Interior shall conduct
a lease sale not later than 2 years after the date of the enactment of
this Act for areas off the coast of South Carolina determined by the
Secretary to have the most geologically promising hydrocarbon resources
and constituting not less than 25 percent of the leasable area within
the South Carolina offshore administrative boundaries depicted in the
notice entitled ``Federal Outer Continental Shelf (OCS) Administrative
Boundaries Extending from the Submerged Lands Act Boundary seaward to
the Limit of the United States Outer Continental Shelf'', published
January 3, 2006 (71 Fed. Reg. 127).
SEC. 10203. SOUTHERN CALIFORNIA EXISTING INFRASTRUCTURE LEASE SALE.
(a) In General.--The Secretary of the Interior shall offer for sale
leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of
the Southern California OCS Planning Area as soon as practicable, but
not later than December 31, 2015.
(b) Use of Existing Structures or Onshore-Based Drilling.--The
Secretary of the Interior shall include in leases offered for sale
under this lease sale such terms and conditions as are necessary to
require that development and production may occur only from offshore
infrastructure in existence on the date of the enactment of this Act or
from onshore-based, extended-reach drilling.
SEC. 10204. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.
(a) In General.--For the purposes of this title, the Secretary of
the Interior shall prepare a multisale environmental impact statement
under section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) for all lease sales required under this subtitle.
(b) Actions To Be Considered.--Notwithstanding section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332), in such
statement--
(1) the Secretary is not required to identify nonleasing
alternative courses of action or to analyze the environmental
effects of such alternative courses of action; and
(2) the Secretary shall only--
(A) identify a preferred action for leasing and not
more than one alternative leasing proposal; and
(B) analyze the environmental effects and potential
mitigation measures for such preferred action and such
alternative leasing proposal.
SEC. 10205. NATIONAL DEFENSE.
(a) National Defense Areas.--This title does not affect the
existing authority of the Secretary of Defense, with the approval of
the President, to designate national defense areas on the Outer
Continental Shelf pursuant to section 12(d) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1341(d)).
(b) Prohibition on Conflicts With Military Operations.--No person
may engage in any exploration, development, or production of oil or
natural gas on the Outer Continental Shelf under a lease issued under
this title that would conflict with any military operation, as
determined in accordance with the Memorandum of Agreement between the
Department of Defense and the Department of the Interior on Mutual
Concerns on the Outer Continental Shelf signed July 20, 1983, and any
revision or replacement for that agreement that is agreed to by the
Secretary of Defense and the Secretary of the Interior after that date
but before the date of issuance of the lease under which such
exploration, development, or production is conducted.
SEC. 10206. EASTERN GULF OF MEXICO NOT INCLUDED.
Nothing in this title affects restrictions on oil and gas leasing
under the Gulf of Mexico Energy Security Act of 2006 (title I of
division C of Public Law 109-432; 43 U.S.C. 1331 note).
Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues
SEC. 10301. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO COASTAL
STATES.
(a) In General.--Section 9 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1338) is amended--
(1) in the existing text--
(A) in the first sentence, by striking ``All
rentals,'' and inserting the following:
``(c) Disposition of Revenue Under Old Leases.--All rentals,''; and
(B) in subsection (c) (as designated by the
amendment made by subparagraph (A) of this paragraph),
by striking ``for the period from June 5, 1950, to
date, and thereafter'' and inserting ``in the period
beginning June 5, 1950, and ending on the date of
enactment of the Lowering Gasoline Prices to Fuel an
America That Works Act of 2014'';
(2) by adding after subsection (c) (as so designated) the
following:
``(d) Definitions.--In this section:
``(1) Coastal state.--The term `coastal State' includes a
territory of the United States.
``(2) New leasing revenues.--The term `new leasing
revenues'--
``(A) means amounts received by the United States
as bonuses, rents, and royalties under leases for oil
and gas, wind, tidal, or other energy exploration,
development, and production on new areas of the outer
Continental Shelf that are authorized to be made
available for leasing as a result of enactment of the
Lowering Gasoline Prices to Fuel an America That Works
Act of 2014 and leasing under that Act; and
``(B) does not include amounts received by the
United States under any lease of an area located in the
boundaries of the Central Gulf of Mexico and Western
Gulf of Mexico Outer Continental Shelf Planning Areas
on the date of enactment of the Lowering Gasoline
Prices to Fuel an America That Works Act of 2014,
including a lease issued before, on, or after such date
of enactment.''; and
(3) by inserting before subsection (c) (as so designated)
the following:
``(a) Payment of New Leasing Revenues to Coastal States.--
``(1) In general.--Except as provided in paragraph (2), of
the amount of new leasing revenues received by the United
States each fiscal year, 37.5 percent shall be allocated and
paid in accordance with subsection (b) to coastal States that
are affected States with respect to the leases under which
those revenues are received by the United States.
``(2) Phase-in.--
``(A) In general.--Except as provided in
subparagraph (B), paragraph (1) shall be applied--
``(i) with respect to new leasing revenues
under leases awarded under the first leasing
program under section 18(a) that takes effect
after the date of enactment of the Lowering
Gasoline Prices to Fuel an America That Works
Act of 2014, by substituting `12.5 percent' for
`37.5 percent'; and
``(ii) with respect to new leasing revenues
under leases awarded under the second leasing
program under section 18(a) that takes effect
after the date of enactment of the Lowering
Gasoline Prices to Fuel an America That Works
Act of 2014, by substituting `25 percent' for
`37.5 percent'.
``(B) Exempted lease sales.--This paragraph shall
not apply with respect to any lease issued under
subtitle B of the Lowering Gasoline Prices to Fuel an
America That Works Act of 2014.
``(b) Allocation of Payments.--
``(1) In general.--The amount of new leasing revenues
received by the United States with respect to a leased tract
that are required to be paid to coastal States in accordance
with this subsection each fiscal year shall be allocated among
and paid to coastal States that are within 200 miles of the
leased tract, in amounts that are inversely proportional to the
respective distances between the point on the coastline of each
such State that is closest to the geographic center of the
lease tract, as determined by the Secretary.
``(2) Minimum and maximum allocation.--The amount allocated
to a coastal State under paragraph (1) each fiscal year with
respect to a leased tract shall be--
``(A) in the case of a coastal State that is the
nearest State to the geographic center of the leased
tract, not less than 25 percent of the total amounts
allocated with respect to the leased tract;
``(B) in the case of any other coastal State, not
less than 10 percent, and not more than 15 percent, of
the total amounts allocated with respect to the leased
tract; and
``(C) in the case of a coastal State that is the
only coastal State within 200 miles of a leased tract,
100 percent of the total amounts allocated with respect
to the leased tract.
``(3) Administration.--Amounts allocated to a coastal State
under this subsection--
``(A) shall be available to the coastal State
without further appropriation;
``(B) shall remain available until expended;
``(C) shall be in addition to any other amounts
available to the coastal State under this Act; and
``(D) shall be distributed in the fiscal year
following receipt.
``(4) Use of funds.--
``(A) In general.--Except as provided in
subparagraph (B), a coastal State may use funds
allocated and paid to it under this subsection for any
purpose as determined by the laws of that State.
``(B) Restriction on use for matching.--Funds
allocated and paid to a coastal State under this
subsection may not be used as matching funds for any
other Federal program.''.
(b) Limitation on Application.--This section and the amendment made
by this section shall not affect the application of section 105 of the
Gulf of Mexico Energy Security Act of 2006 (title I of division C of
Public Law 109-432; (43 U.S.C. 1331 note)), as in effect before the
enactment of this Act, with respect to revenues received by the United
States under oil and gas leases issued for tracts located in the
Western and Central Gulf of Mexico Outer Continental Shelf Planning
Areas, including such leases issued on or after the date of the
enactment of this Act.
Subtitle D--Reorganization of Minerals Management Agencies of the
Department of the Interior
SEC. 10401. ESTABLISHMENT OF UNDER SECRETARY FOR ENERGY, LANDS, AND
MINERALS AND ASSISTANT SECRETARY OF OCEAN ENERGY AND
SAFETY.
There shall be in the Department of the Interior--
(1) an Under Secretary for Energy, Lands, and Minerals, who
shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Secretary of the Interior or, if
directed by the Secretary, to the Deputy Secretary of
the Interior;
(C) be paid at the rate payable for level III of
the Executive Schedule; and
(D) be responsible for--
(i) the safe and responsible development of
our energy and mineral resources on Federal
lands in appropriate accordance with United
States energy demands; and
(ii) ensuring multiple-use missions of the
Department of the Interior that promote the
safe and sustained development of energy and
minerals resources on public lands (as that
term is defined in the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.));
(2) an Assistant Secretary of Ocean Energy and Safety, who
shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Under Secretary for Energy,
Lands, and Minerals;
(C) be paid at the rate payable for level IV of the
Executive Schedule; and
(D) be responsible for ensuring safe and efficient
development of energy and minerals on the Outer
Continental Shelf of the United States; and
(3) an Assistant Secretary of Land and Minerals Management,
who shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Under Secretary for Energy,
Lands, and Minerals;
(C) be paid at the rate payable for level IV of the
Executive Schedule; and
(D) be responsible for ensuring safe and efficient
development of energy and minerals on public lands and
other Federal onshore lands under the jurisdiction of
the Department of the Interior, including
implementation of the Mineral Leasing Act (30 U.S.C.
181 et seq.) and the Surface Mining Control and
Reclamation Act (30 U.S.C. 1201 et seq.) and
administration of the Office of Surface Mining.
SEC. 10402. BUREAU OF OCEAN ENERGY.
(a) Establishment.--There is established in the Department of the
Interior a Bureau of Ocean Energy (referred to in this section as the
``Bureau''), which shall--
(1) be headed by a Director of Ocean Energy (referred to in
this section as the ``Director''); and
(2) be administered under the direction of the Assistant
Secretary of Ocean Energy and Safety.
(b) Director.--
(1) Appointment.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out through the Bureau all functions, powers, and duties vested
in the Secretary relating to the administration of a
comprehensive program of offshore mineral and renewable energy
resources management.
(2) Specific authorities.--The Director shall promulgate
and implement regulations--
(A) for the proper issuance of leases for the
exploration, development, and production of
nonrenewable and renewable energy and mineral resources
on the Outer Continental Shelf;
(B) relating to resource identification, access,
evaluation, and utilization;
(C) for development of leasing plans, lease sales,
and issuance of leases for such resources; and
(D) regarding issuance of environmental impact
statements related to leasing and post leasing
activities including exploration, development, and
production, and the use of third party contracting for
necessary environmental analysis for the development of
such resources.
(3) Limitation.--The Secretary shall not carry out through
the Bureau any function, power, or duty that is--
(A) required by section 10403 to be carried out
through the Ocean Energy Safety Service; or
(B) required by section 10404 to be carried out
through the Office of Natural Resources Revenue.
(d) Responsibilities of Land Management Agencies.--Nothing in this
section shall affect the authorities of the Bureau of Land Management
under the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) or of the Forest Service under the National Forest
Management Act of 1976 (Public Law 94-588).
SEC. 10403. OCEAN ENERGY SAFETY SERVICE.
(a) Establishment.--There is established in the Department of the
Interior an Ocean Energy Safety Service (referred to in this section as
the ``Service''), which shall--
(1) be headed by a Director of Energy Safety (referred to
in this section as the ``Director''); and
(2) be administered under the direction of the Assistant
Secretary of Ocean Energy and Safety.
(b) Director.--
(1) Appointment.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out through the Service all functions, powers, and duties
vested in the Secretary relating to the administration of
safety and environmental enforcement activities related to
offshore mineral and renewable energy resources on the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) including the authority to
develop, promulgate, and enforce regulations to ensure the safe
and sound exploration, development, and production of mineral
and renewable energy resources on the Outer Continental Shelf
in a timely fashion.
(2) Specific authorities.--The Director shall be
responsible for all safety activities related to exploration
and development of renewable and mineral resources on the Outer
Continental Shelf, including--
(A) exploration, development, production, and
ongoing inspections of infrastructure;
(B) the suspending or prohibiting, on a temporary
basis, any operation or activity, including production
under leases held on the Outer Continental Shelf, in
accordance with section 5(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1334(a)(1));
(C) cancelling any lease, permit, or right-of-way
on the Outer Continental Shelf, in accordance with
section 5(a)(2) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1334(a)(2));
(D) compelling compliance with applicable Federal
laws and regulations relating to worker safety and
other matters;
(E) requiring comprehensive safety and
environmental management programs for persons engaged
in activities connected with the exploration,
development, and production of mineral or renewable
energy resources;
(F) developing and implementing regulations for
Federal employees to carry out any inspection or
investigation to ascertain compliance with applicable
regulations, including health, safety, or environmental
regulations;
(G) implementing the Offshore Technology Research
and Risk Assessment Program under section 21 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1347);
(H) summoning witnesses and directing the
production of evidence;
(I) levying fines and penalties and disqualifying
operators;
(J) carrying out any safety, response, and removal
preparedness functions; and
(K) the processing of permits, exploration plans,
development plans.
(d) Employees.--
(1) In general.--The Secretary shall ensure that the
inspection force of the Bureau consists of qualified, trained
employees who meet qualification requirements and adhere to the
highest professional and ethical standards.
(2) Qualifications.--The qualification requirements
referred to in paragraph (1)--
(A) shall be determined by the Secretary, subject
to subparagraph (B); and
(B) shall include--
(i) 3 years of practical experience in oil
and gas exploration, development, or
production; or
(ii) a degree in an appropriate field of
engineering from an accredited institution of
higher learning.
(3) Assignment.--In assigning oil and gas inspectors to the
inspection and investigation of individual operations, the
Secretary shall give due consideration to the extent possible
to their previous experience in the particular type of oil and
gas operation in which such inspections are to be made.
(4) Background checks.--The Director shall require that an
individual to be hired as an inspection officer undergo an
employment investigation (including a criminal history record
check).
(5) Language requirements.--Individuals hired as inspectors
must be able to read, speak, and write English well enough to--
(A) carry out written and oral instructions
regarding the proper performance of inspection duties;
and
(B) write inspection reports and statements and log
entries in the English language.
(6) Veterans preference.--The Director shall provide a
preference for the hiring of an individual as a inspection
officer if the individual is a member or former member of the
Armed Forces and is entitled, under statute, to retired,
retirement, or retainer pay on account of service as a member
of the Armed Forces.
(7) Annual proficiency review.--
(A) Annual proficiency review.--The Director shall
provide that an annual evaluation of each individual
assigned inspection duties is conducted and documented.
(B) Continuation of employment.--An individual
employed as an inspector may not continue to be
employed in that capacity unless the evaluation
demonstrates that the individual--
(i) continues to meet all qualifications
and standards;
(ii) has a satisfactory record of
performance and attention to duty based on the
standards and requirements in the inspection
program; and
(iii) demonstrates the current knowledge
and skills necessary to courteously,
vigilantly, and effectively perform inspection
functions.
(8) Limitation on right to strike.--Any individual that
conducts permitting or inspections under this section may not
participate in a strike, or assert the right to strike.
(9) Personnel authority.--Notwithstanding any other
provision of law, the Director may employ, appoint, discipline
and terminate for cause, and fix the compensation, terms, and
conditions of employment of Federal service for individuals as
the employees of the Service in order to restore and maintain
the trust of the people of the United States in the
accountability of the management of our Nation's energy safety
program.
(10) Training academy.--
(A) In general.--The Secretary shall establish and
maintain a National Offshore Energy Safety Academy
(referred to in this paragraph as the ``Academy'') as
an agency of the Ocean Energy Safety Service.
(B) Functions of academy.--The Secretary, through
the Academy, shall be responsible for--
(i) the initial and continued training of
both newly hired and experienced offshore oil
and gas inspectors in all aspects of health,
safety, environmental, and operational
inspections;
(ii) the training of technical support
personnel of the Bureau;
(iii) any other training programs for
offshore oil and gas inspectors, Bureau
personnel, Department personnel, or other
persons as the Secretary shall designate; and
(iv) certification of the successful
completion of training programs for newly hired
and experienced offshore oil and gas
inspectors.
(C) Cooperative agreements.--
(i) In general.--In performing functions
under this paragraph, and subject to clause
(ii), the Secretary may enter into cooperative
educational and training agreements with
educational institutions, related Federal
academies, other Federal agencies, State
governments, safety training firms, and oil and
gas operators and related industries.
(ii) Training requirement.--Such training
shall be conducted by the Academy in accordance
with curriculum needs and assignment of
instructional personnel established by the
Secretary.
(11) Use of department personnel.--In performing functions
under this subsection, the Secretary shall use, to the extent
practicable, the facilities and personnel of the Department of
the Interior. The Secretary may appoint or assign to the
Academy such officers and employees as the Secretary considers
necessary for the performance of the duties and functions of
the Academy.
(12) Additional training programs.--
(A) In general.--The Secretary shall work with
appropriate educational institutions, operators, and
representatives of oil and gas workers to develop and
maintain adequate programs with educational
institutions and oil and gas operators that are
designed--
(i) to enable persons to qualify for
positions in the administration of this title;
and
(ii) to provide for the continuing
education of inspectors or other appropriate
Department of the Interior personnel.
(B) Financial and technical assistance.--The
Secretary may provide financial and technical
assistance to educational institutions in carrying out
this paragraph.
(e) Limitation.--The Secretary shall not carry out through the
Service any function, power, or duty that is--
(1) required by section 10402 to be carried out through
Bureau of Ocean Energy; or
(2) required by section 10404 to be carried out through the
Office of Natural Resources Revenue.
SEC. 10404. OFFICE OF NATURAL RESOURCES REVENUE.
(a) Establishment.--There is established in the Department of the
Interior an Office of Natural Resources Revenue (referred to in this
section as the ``Office'') to be headed by a Director of Natural
Resources Revenue (referred to in this section as the ``Director'').
(b) Appointment and Compensation.--
(1) In general.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for Level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out, through the Office, all functions, powers, and duties
vested in the Secretary and relating to the administration of
offshore royalty and revenue management functions.
(2) Specific authorities.--The Secretary shall carry out,
through the Office, all functions, powers, and duties
previously assigned to the Minerals Management Service
(including the authority to develop, promulgate, and enforce
regulations) regarding offshore royalty and revenue collection;
royalty and revenue distribution; auditing and compliance;
investigation and enforcement of royalty and revenue
regulations; and asset management for onshore and offshore
activities.
(d) Limitation.--The Secretary shall not carry out through the
Office any function, power, or duty that is--
(1) required by section 10402 to be carried out through
Bureau of Ocean Energy; or
(2) required by section 10403 to be carried out through the
Ocean Energy Safety Service.
SEC. 10405. ETHICS AND DRUG TESTING.
(a) Certification.--The Secretary of the Interior shall certify
annually that all Department of the Interior officers and employees
having regular, direct contact with lessees, contractors,
concessionaires, and other businesses interested before the Government
as a function of their official duties, or conducting investigations,
issuing permits, or responsible for oversight of energy programs, are
in full compliance with all Federal employee ethics laws and
regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.)
and part 2635 of title 5, Code of Federal Regulations, and all guidance
issued under subsection (c).
(b) Drug Testing.--The Secretary shall conduct a random drug
testing program of all Department of the Interior personnel referred to
in subsection (a).
(c) Guidance.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall issue supplementary ethics and drug
testing guidance for the employees for which certification is required
under subsection (a). The Secretary shall update the supplementary
ethics guidance not less than once every 3 years thereafter.
SEC. 10406. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE.
(a) Abolishment.--The Minerals Management Service is abolished.
(b) Completed Administrative Actions.--
(1) In general.--Completed administrative actions of the
Minerals Management Service shall not be affected by the
enactment of this Act, but shall continue in effect according
to their terms until amended, modified, superseded, terminated,
set aside, or revoked in accordance with law by an officer of
the United States or a court of competent jurisdiction, or by
operation of law.
(2) Completed administrative action defined.--For purposes
of paragraph (1), the term ``completed administrative action''
includes orders, determinations, memoranda of understanding,
memoranda of agreements, rules, regulations, personnel actions,
permits, agreements, grants, contracts, certificates, licenses,
registrations, and privileges.
(c) Pending Proceedings.--Subject to the authority of the Secretary
of the Interior and the officers of the Department of the Interior
under this title--
(1) pending proceedings in the Minerals Management Service,
including notices of proposed rulemaking, and applications for
licenses, permits, certificates, grants, and financial
assistance, shall continue, notwithstanding the enactment of
this Act or the vesting of functions of the Service in another
agency, unless discontinued or modified under the same terms
and conditions and to the same extent that such discontinuance
or modification could have occurred if this title had not been
enacted; and
(2) orders issued in such proceedings, and appeals
therefrom, and payments made pursuant to such orders, shall
issue in the same manner and on the same terms as if this title
had not been enacted, and any such orders shall continue in
effect until amended, modified, superseded, terminated, set
aside, or revoked by an officer of the United States or a court
of competent jurisdiction, or by operation of law.
(d) Pending Civil Actions.--Subject to the authority of the
Secretary of the Interior or any officer of the Department of the
Interior under this title, pending civil actions shall continue
notwithstanding the enactment of this Act, and in such civil actions,
proceedings shall be had, appeals taken, and judgments rendered and
enforced in the same manner and with the same effect as if such
enactment had not occurred.
(e) References.--References relating to the Minerals Management
Service in statutes, Executive orders, rules, regulations, directives,
or delegations of authority that precede the effective date of this Act
are deemed to refer, as appropriate, to the Department, to its
officers, employees, or agents, or to its corresponding organizational
units or functions. Statutory reporting requirements that applied in
relation to the Minerals Management Service immediately before the
effective date of this title shall continue to apply.
SEC. 10407. CONFORMING AMENDMENTS TO EXECUTIVE SCHEDULE PAY RATES.
(a) Under Secretary for Energy, Lands, and Minerals.--Section 5314
of title 5, United States Code, is amended by inserting after the item
relating to ``Under Secretaries of the Treasury (3).'' the following:
``Under Secretary for Energy, Lands, and Minerals,
Department of the Interior.''.
(b) Assistant Secretaries.--Section 5315 of title 5, United States
Code, is amended by striking ``Assistant Secretaries of the Interior
(6).'' and inserting the following:
``Assistant Secretaries, Department of the Interior (7).''.
(c) Directors.--Section 5316 of title 5, United States Code, is
amended by striking ``Director, Bureau of Mines, Department of the
Interior.'' and inserting the following new items:
``Director, Bureau of Ocean Energy, Department of the
Interior.
``Director, Ocean Energy Safety Service, Department of the
Interior.
``Director, Office of Natural Resources Revenue, Department
of the Interior.''.
SEC. 10408. OUTER CONTINENTAL SHELF ENERGY SAFETY ADVISORY BOARD.
(a) Establishment.--The Secretary of the Interior shall establish,
under the Federal Advisory Committee Act, an Outer Continental Shelf
Energy Safety Advisory Board (referred to in this section as the
``Board'')--
(1) to provide the Secretary and the Directors established
by this title with independent scientific and technical advice
on safe, responsible, and timely mineral and renewable energy
exploration, development, and production activities; and
(2) to review operations of the National Offshore Energy
Health and Safety Academy established under section 10403(d),
including submitting to the Secretary recommendations of
curriculum to ensure training scientific and technical
advancements.
(b) Membership.--
(1) Size.--The Board shall consist of not more than 11
members, who--
(A) shall be appointed by the Secretary based on
their expertise in oil and gas drilling, well design,
operations, well containment and oil spill response;
and
(B) must have significant scientific, engineering,
management, and other credentials and a history of
working in the field related to safe energy
exploration, development, and production activities.
(2) Consultation and nominations.--The Secretary shall
consult with the National Academy of Sciences and the National
Academy of Engineering to identify potential candidates for the
Board and shall take nominations from the public.
(3) Term.--The Secretary shall appoint Board members to
staggered terms of not more than 4 years, and shall not appoint
a member for more than 2 consecutive terms.
(4) Balance.--In appointing members to the Board, the
Secretary shall ensure a balanced representation of industry
and research interests.
(c) Chair.--The Secretary shall appoint the Chair for the Board
from among its members.
(d) Meetings.--The Board shall meet not less than 3 times per year
and shall host, at least once per year, a public forum to review and
assess the overall energy safety performance of Outer Continental Shelf
mineral and renewable energy resource activities.
(e) Offshore Drilling Safety Assessments and Recommendations.--As
part of its duties under this section, the Board shall, by not later
than 180 days after the date of enactment of this section and every 5
years thereafter, submit to the Secretary a report that--
(1) assesses offshore oil and gas well control
technologies, practices, voluntary standards, and regulations
in the United States and elsewhere; and
(2) as appropriate, recommends modifications to the
regulations issued under this title to ensure adequate
protection of safety and the environment, including
recommendations on how to reduce regulations and administrative
actions that are duplicative or unnecessary.
(f) Reports.--Reports of the Board shall be submitted by the Board
to the Committee on Natural Resources of the House or Representatives
and the Committee on Energy and Natural Resources of the Senate and
made available to the public in electronically accessible form.
(g) Travel Expenses.--Members of the Board, other than full-time
employees of the Federal Government, while attending meeting of the
Board or while otherwise serving at the request of the Secretary or the
Director while serving away from their homes or regular places of
business, may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United States
Code, for individuals in the Government serving without pay.
SEC. 10409. OUTER CONTINENTAL SHELF INSPECTION FEES.
Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C.
1348) is amended by adding at the end of the section the following:
``(g) Inspection Fees.--
``(1) Establishment.--The Secretary of the Interior shall
collect from the operators of facilities subject to inspection
under subsection (c) non-refundable fees for such inspections--
``(A) at an aggregate level equal to the amount
necessary to offset the annual expenses of inspections
of outer Continental Shelf facilities (including mobile
offshore drilling units) by the Department of the
Interior; and
``(B) using a schedule that reflects the
differences in complexity among the classes of
facilities to be inspected.
``(2) Ocean energy safety fund.--There is established in
the Treasury a fund, to be known as the `Ocean Energy
Enforcement Fund' (referred to in this subsection as the
`Fund'), into which shall be deposited all amounts collected as
fees under paragraph (1) and which shall be available as
provided under paragraph (3).
``(3) Availability of fees.--
``(A) In general.--Notwithstanding section 3302 of
title 31, United States Code, all amounts deposited in
the Fund--
``(i) shall be credited as offsetting
collections;
``(ii) shall be available for expenditure
for purposes of carrying out inspections of
outer Continental Shelf facilities (including
mobile offshore drilling units) and the
administration of the inspection program under
this section;
``(iii) shall be available only to the
extent provided for in advance in an
appropriations Act; and
``(iv) shall remain available until
expended.
``(B) Use for field offices.--Not less than 75
percent of amounts in the Fund may be appropriated for
use only for the respective Department of the Interior
field offices where the amounts were originally
assessed as fees.
``(4) Initial fees.--Fees shall be established under this
subsection for the fiscal year in which this subsection takes
effect and the subsequent 10 years, and shall not be raised
without advise and consent of the Congress, except as
determined by the Secretary to be appropriate as an adjustment
equal to the percentage by which the Consumer Price Index for
the month of June of the calendar year preceding the adjustment
exceeds the Consumer Price Index for the month of June of the
calendar year in which the claim was determined or last
adjusted.
``(5) Annual fees.--Annual fees shall be collected under
this subsection for facilities that are above the waterline,
excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2013 shall be--
``(A) $10,500 for facilities with no wells, but
with processing equipment or gathering lines;
``(B) $17,000 for facilities with 1 to 10 wells,
with any combination of active or inactive wells; and
``(C) $31,500 for facilities with more than 10
wells, with any combination of active or inactive
wells.
``(6) Fees for drilling rigs.--Fees for drilling rigs shall
be assessed under this subsection for all inspections completed
in fiscal years 2015 through 2024. Fees for fiscal year 2015
shall be--
``(A) $30,500 per inspection for rigs operating in
water depths of 1,000 feet or more; and
``(B) $16,700 per inspection for rigs operating in
water depths of less than 1,000 feet.
``(7) Billing.--The Secretary shall bill designated
operators under paragraph (5) within 60 days after the date of
the inspection, with payment required within 30 days of
billing. The Secretary shall bill designated operators under
paragraph (6) within 30 days of the end of the month in which
the inspection occurred, with payment required within 30 days
after billing.
``(8) Sunset.--No fee may be collected under this
subsection for any fiscal year after fiscal year 2024.
``(9) Annual reports.--
``(A) In general.--Not later than 60 days after the
end of each fiscal year beginning with fiscal year
2015, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report on the operation of the Fund
during the fiscal year.
``(B) Contents.--Each report shall include, for the
fiscal year covered by the report, the following:
``(i) A statement of the amounts deposited
into the Fund.
``(ii) A description of the expenditures
made from the Fund for the fiscal year,
including the purpose of the expenditures and
the additional hiring of personnel.
``(iii) A statement of the balance
remaining in the Fund at the end of the fiscal
year.
``(iv) An accounting of pace of permit
approvals.
``(v) If fee increases are proposed after
the initial 10-year period referred to in
paragraph (5), a proper accounting of the
potential adverse economic impacts such fee
increases will have on offshore economic
activity and overall production, conducted by
the Secretary.
``(vi) Recommendations to increase the
efficacy and efficiency of offshore
inspections.
``(vii) Any corrective actions levied upon
offshore inspectors as a result of any form of
misconduct.''.
SEC. 10410. PROHIBITION ON ACTION BASED ON NATIONAL OCEAN POLICY
DEVELOPED UNDER EXECUTIVE ORDER NO. 13547.
(a) Prohibition.--The Bureau of Ocean Energy and the Ocean Energy
Safety Service may not develop, propose, finalize, administer, or
implement, any limitation on activities under their jurisdiction as a
result of the coastal and marine spatial planning component of the
National Ocean Policy developed under Executive Order No. 13547.
(b) Report on Expenditures.--Not later than 60 days after the date
of enactment of this Act, the President shall submit a report to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate identifying all
Federal expenditures in fiscal years 2011, 2012, 2013, and 2014 by the
Bureau of Ocean Energy and the Ocean Energy Safety Service and their
predecessor agencies, by agency, account, and any pertinent
subaccounts, for the development, administration, or implementation of
the coastal and marine spatial planning component of the National Ocean
Policy developed under Executive Order No. 13547, including staff time,
travel, and other related expenses.
Subtitle E--United States Territories
SEC. 10501. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH
RESPECT TO TERRITORIES OF THE UNITED STATES.
Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)
is amended--
(1) in paragraph (a), by inserting after ``control'' the
following: ``or lying within the United States exclusive
economic zone and the Continental Shelf adjacent to any
territory of the United States'';
(2) in paragraph (p), by striking ``and'' after the
semicolon at the end;
(3) in paragraph (q), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(r) The term `State' includes each territory of the United
States.''.
Subtitle F--Miscellaneous Provisions
SEC. 10601. RULES REGARDING DISTRIBUTION OF REVENUES UNDER GULF OF
MEXICO ENERGY SECURITY ACT OF 2006.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of the Interior shall issue rules to provide
more clarity, certainty, and stability to the revenue streams
contemplated by the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note).
(b) Contents.--The rules shall include clarification of the timing
and methods of disbursements of funds under section 105(b)(2) of such
Act.
SEC. 10602. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF
REVENUES.
Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006
(title I of division C of Public Law 109-432; 43 U.S.C. 1331 note)
shall be applied by substituting ``2024, and shall not exceed
$999,999,999 for each of fiscal years 2025 through 2055'' for ``2055''.
SEC. 10603. SOUTH ATLANTIC OUTER CONTINENTAL SHELF PLANNING AREA
DEFINED.
For the purposes of this Act, the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.), and any regulations or 5-year plan issued
under that Act, the term ``South Atlantic Outer Continental Shelf
Planning Area'' means the area of the outer Continental Shelf (as
defined in section 2 of that Act (43 U.S.C. 1331)) that is located
between the northern lateral seaward administrative boundary of the
State of Virginia and the southernmost lateral seaward administrative
boundary of the State of Georgia.
SEC. 10604. ENHANCING GEOLOGICAL AND GEOPHYSICAL INFORMATION FOR
AMERICA'S ENERGY FUTURE.
Section 11 of the Outer Continental Shelf lands Act (43 U.S.C.
1340) is amended by adding at the end the following:
``(i) Enhancing Geological and Geophysical Information for
America's Energy Future.--
``(1) The Secretary, acting through the Director of the
Bureau of Ocean Energy Management, shall facilitate and support
the practical study of geology and geophysics to better
understand the oil, gas, and other hydrocarbon potential in the
South Atlantic Outer Continental Shelf Planning Area by
entering into partnerships to conduct geological and
geophysical activities on the outer Continental Shelf.
``(2)(A) No later than 180 days after the date of enactment
of the Lowering Gasoline Prices to Fuel an America That Works
Act of 2014, the Governors of the States of Georgia, South
Carolina, North Carolina, and Virginia may each nominate for
participation in the partnerships--
``(i) one institution of higher education located
within the Governor's State; and
``(ii) one institution of higher education within
the Governor's State that is a historically black
college or university, as defined in section 631(a) of
the Higher Education Act of 1965 (20 U.S.C. 1132(a)).
``(B) In making nominations, the Governors shall give
preference to those institutions of higher education that
demonstrate a vigorous rate of admission of veterans of the
Armed Forces of the United States.
``(3) The Secretary shall only select as a partner a
nominee that the Secretary determines demonstrates excellence
in geophysical sciences curriculum, engineering curriculum, or
information technology or other technical studies relating to
seismic research (including data processing).
``(4) Notwithstanding subsection (d), nominees selected as
partners by the Secretary may conduct geological and
geophysical activities under this section after filing a notice
with the Secretary 30-days prior to commencement of the
activity without any further authorization by the Secretary
except those activities that use solid or liquid explosives
shall require a permit. The Secretary may not charge any fee
for the provision of data or other information collected under
this authority, other than the cost of duplicating any data or
information provided. Nominees selected as partners under this
section shall provide to the Secretary any data or other
information collected under this subsection within 60 days
after completion of an initial analysis of the data or other
information collected, if so requested by the Secretary.
``(5) Data or other information produced as a result of
activities conducted by nominees selected as partners under
this subsection shall not be used or shared for commercial
purposes by the nominee, may not be produced for proprietary
use or sale, and shall be made available by the Secretary to
the public.
``(6) The Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate reports
on the data or other information produced under the
partnerships under this section. Such reports shall be made no
less frequently than every 180 days following the conduct of
the first geological and geophysical activities under this
section.
``(7) In this subsection the term `geological and
geophysical activities' means any oil- or gas-related
investigation conducted on the outer Continental Shelf,
including geophysical surveys where magnetic, gravity, seismic,
or other systems are used to detect or imply the presence of
oil or gas.''.
Subtitle G--Judicial Review
SEC. 10701. TIME FOR FILING COMPLAINT.
(a) In General.--Any cause of action that arises from a covered
energy decision must be filed not later than the end of the 60-day
period beginning on the date of the covered energy decision. Any cause
of action not filed within this time period shall be barred.
(b) Exception.--Subsection (a) shall not apply to a cause of action
brought by a party to a covered energy lease.
SEC. 10702. DISTRICT COURT DEADLINE.
(a) In General.--All proceedings that are subject to section
10701--
(1) shall be brought in the United States district court
for the district in which the Federal property for which a
covered energy lease is issued is located or the United States
District Court of the District of Columbia;
(2) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause or claim is
filed; and
(3) shall take precedence over all other pending matters
before the district court.
(b) Failure To Comply With Deadline.--If an interlocutory or final
judgment, decree, or order has not been issued by the district court by
the deadline described under this section, the cause or claim shall be
dismissed with prejudice and all rights relating to such cause or claim
shall be terminated.
SEC. 10703. ABILITY TO SEEK APPELLATE REVIEW.
An interlocutory or final judgment, decree, or order of the
district court in a proceeding that is subject to section 10701 may be
reviewed by the U.S. Court of Appeals for the District of Columbia
Circuit. The D.C. Circuit shall resolve any such appeal as
expeditiously as possible and, in any event, not more than 180 days
after such interlocutory or final judgment, decree, or order of the
district court was issued.
SEC. 10704. LIMITATION ON SCOPE OF REVIEW AND RELIEF.
(a) Administrative Findings and Conclusions.--In any judicial
review of any Federal action under this subtitle, any administrative
findings and conclusions relating to the challenged Federal action
shall be presumed to be correct unless shown otherwise by clear and
convincing evidence contained in the administrative record.
(b) Limitation on Prospective Relief.--In any judicial review of
any action, or failure to act, under this subtitle, 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 Federal law requirement, and is the least
intrusive means necessary to correct the violation concerned.
SEC. 10705. LEGAL FEES.
Any person filing a petition seeking judicial review of any action,
or failure to act, under this subtitle who is not a prevailing party
shall pay to the prevailing parties (including intervening parties),
other than the United States, fees and other expenses incurred by that
party in connection with the judicial review, unless the Court finds
that the position of the person was substantially justified or that
special circumstances make an award unjust.
SEC. 10706. EXCLUSION.
This subtitle shall not apply with respect to disputes between the
parties to a lease issued pursuant to an authorizing leasing statute
regarding the obligations of such lease or the alleged breach thereof.
SEC. 10707. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Covered energy decision.--The term ``covered energy
decision'' means any action or decision by a Federal official
regarding the issuance of a covered energy lease.
(2) Covered energy lease.--The term ``covered energy
lease'' means any lease under this title or under an oil and
gas leasing program under this title.
TITLE II--ONSHORE FEDERAL LANDS AND ENERGY SECURITY
Subtitle A--Federal Lands Jobs and Energy Security
SEC. 21001. SHORT TITLE.
This subtitle may be cited as the ``Federal Lands Jobs and Energy
Security Act''.
SEC. 21002. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR
AMERICA.
(a) Congressional Intent.--It is the intent of the Congress that--
(1) this subtitle 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 subtitle, 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
manufacturing to enable United States workers to benefit from
this subtitle 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 subtitle.
CHAPTER 1--ONSHORE OIL AND GAS PERMIT STREAMLINING
SEC. 21101. SHORT TITLE.
This chapter may be cited as the ``Streamlining Permitting of
American Energy Act of 2014''.
Subchapter A--Application for Permits to Drill Process Reform
SEC. 21111. 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 (42 U.S.C. 4321 et seq.) or
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
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.''.
Subchapter B--Administrative Protest Documentation Reform
SEC. 21121. 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.''.
Subchapter C--Permit Streamlining
SEC. 21131. MAKING PILOT OFFICES PERMANENT TO IMPROVE ENERGY PERMITTING
ON FEDERAL LANDS.
(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 21111 and
21121.
(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, and other energy projects as
defined by the Secretary.
SEC. 21132. 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 (42 U.S.C. 15942).
Subchapter D--Judicial Review
SEC. 21141. DEFINITIONS.
In this subchapter--
(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, 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. 21142. 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. 21143. 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. 21144. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 21145. 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. 21146. 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. 21147. 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. 21148. 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.
Subchapter E--Knowing America's Oil and Gas Resources
SEC. 21151. FUNDING OIL AND GAS RESOURCE ASSESSMENTS.
(a) In General.--The Secretary of the Interior shall provide
matching funding for joint projects with States to conduct oil and gas
resource assessments on Federal lands with significant oil and gas
potential.
(b) Cost Sharing.--The Federal share of the cost of activities
under this section shall not exceed 50 percent.
(c) Resource Assessment.--Any resource assessment under this
section shall be conducted by a State, in consultation with the United
States Geological Survey.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section a total of
$50,000,000 for fiscal years 2015 through 2018.
CHAPTER 2--OIL AND GAS LEASING CERTAINTY
SEC. 21201. SHORT TITLE.
This chapter may be cited as the ``Providing Leasing Certainty for
American Energy Act of 2014''.
SEC. 21202. 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. 15942), 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. 21203. 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) After the conclusion of the public comment period for a
planned competitive lease sale, the Secretary shall not cancel, defer,
or withdraw any lease parcel announced to be auctioned in the lease
sale.
``(G) 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.
``(H) 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. 21204. 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. 21205. REDUCE REDUNDANT POLICIES.
Bureau of Land Management Instruction Memorandum 2010-117 shall
have no force or effect.
SEC. 21206. STREAMLINED CONGRESSIONAL NOTIFICATION.
Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) is
amended in the matter following paragraph (4) by striking ``at least
thirty days in advance of the reinstatement'' and inserting ``in an
annual report''.
CHAPTER 3--OIL SHALE
SEC. 21301. SHORT TITLE.
This chapter 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. 21302. 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.), and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), 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.), and the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), 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. 21303. 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.
CHAPTER 4--MISCELLANEOUS PROVISIONS
SEC. 21401. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to authorize the
issuance of a lease under the Mineral Leasing Act (30 U.S.C. 181 et
seq.) to any person designated for the imposition of sanctions pursuant
to--
(1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note),
the Comprehensive Iran Sanctions, Accountability and
Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran
Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8701 et seq.), section 1245 of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or
the Iran Freedom and Counter-Proliferation Act of 2012 (22
U.S.C. 8801 et seq.);
(2) Executive Order No. 13622 (July 30, 2012), Executive
Order No. 13628 (October 9, 2012), or Executive Order No. 13645
(June 3, 2013);
(3) Executive Order No. 13224 (September 23, 2001) or
Executive Order No. 13338 (May 11, 2004); or
(4) the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (22 U.S.C. 2151 note).
Subtitle B--Planning for American Energy
SEC. 22001. SHORT TITLE.
This subtitle may be cited as the ``Planning for American Energy
Act of 2014''.
SEC. 22002. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.
(a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is
amended by redesignating section 44 as section 45, and by inserting
after section 43 the following:
``SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION
STRATEGY.
``(a) In General.--
``(1) The Secretary of the Interior (hereafter in this
section referred to as `Secretary'), in consultation with the
Secretary of Agriculture with regard to lands administered by
the Forest Service, shall develop and publish every 4 years a
Quadrennial Federal Onshore Energy Production Strategy. This
Strategy shall 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
Bureau of Land Management's mission of promoting the multiple
use of Federal lands as set forth in the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.).
``(2) In developing this Strategy, the Secretary shall
consult with the Administrator of the Energy Information
Administration on the projected energy demands of the United
States for the next 30-year period, and how energy derived from
Federal onshore lands can put the United States on a trajectory
to meet that demand during the next 4-year period. The
Secretary shall consider how Federal lands will contribute to
ensuring national energy security, with a goal for increasing
energy independence and production, during the next 4-year
period.
``(3) The Secretary shall determine a domestic strategic
production objective for the development of energy resources
from Federal onshore lands. Such objective shall be--
``(A) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of oil and natural gas from the Federal
onshore mineral estate, with a focus on lands held by
the Bureau of Land Management and the Forest Service;
``(B) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
coal production from Federal lands;
``(C) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of strategic and critical energy minerals
from the Federal onshore mineral estate;
``(D) the best estimate, based upon commercial and
scientific data, of the expected increase in megawatts
for electricity production from each of the following
sources: wind, solar, biomass, hydropower, and
geothermal energy produced on Federal lands
administered by the Bureau of Land Management and the
Forest Service;
``(E) the best estimate, based upon commercial and
scientific data, of the expected increase in
unconventional energy production, such as oil shale;
``(F) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of oil, natural gas, coal, and other
renewable sources from tribal lands for any federally
recognized Indian tribe that elects to participate in
facilitating energy production on its lands;
``(G) the best estimate, based upon commercial and
scientific data, of the expected increase in production
of helium on Federal lands administered by the Bureau
of Land Management and the Forest Service; and
``(H) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of geothermal, solar, wind, or other
renewable energy sources from `available lands' (as
such term is defined in section 203 of the Hawaiian
Homes Commission Act, 1920 (42 Stat. 108 et seq.), and
including any other lands deemed by the Territory or
State of Hawaii, as the case may be, to be included
within that definition) that the agency or department
of the government of the State of Hawaii that is
responsible for the administration of such lands
selects to be used for such energy production.
``(4) The Secretary shall consult with the Administrator of
the Energy Information Administration regarding the methodology
used to arrive at its estimates for purposes of this section.
``(5) The Secretary has the authority to expand the energy
development plan to include other energy production technology
sources or advancements in energy on Federal lands.
``(6) The Secretary shall include in the Strategy a plan
for addressing new demands for transmission lines and pipelines
for distribution of oil and gas across Federal lands to ensure
that energy produced can be distributed to areas of need.
``(b) Tribal Objectives.--It is the sense of Congress that
federally recognized Indian tribes may elect to set their own
production objectives as part of the Strategy under this section. The
Secretary shall work in cooperation with any federally recognized
Indian tribe that elects to participate in achieving its own strategic
energy objectives designated under this subsection.
``(c) Execution of the Strategy.--The relevant Secretary shall have
all necessary authority to make determinations regarding which
additional lands will be made available in order to meet the production
objectives established by strategies under this section. The Secretary
shall also take all necessary actions to achieve these production
objectives unless the President determines that it is not in the
national security and economic interests of the United States to
increase Federal domestic energy production and to further decrease
dependence upon foreign sources of energy. In administering this
section, the relevant Secretary shall only consider leasing Federal
lands available for leasing at the time the lease sale occurs.
``(d) State, Federally Recognized Indian Tribes, Local Government,
and Public Input.--In developing each strategy, the Secretary shall
solicit the input of affected States, federally recognized Indian
tribes, local governments, and the public.
``(e) Reporting.--The Secretary shall report annually to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate on the progress
of meeting the production goals set forth in the strategy. The
Secretary shall identify in the report projections for production and
capacity installations and any problems with leasing, permitting,
siting, or production that will prevent meeting the goal. In addition,
the Secretary shall make suggestions to help meet any shortfalls in
meeting the production goals.
``(f) Programmatic Environmental Impact Statement.--Not later than
12 months after the date of enactment of this section, in accordance
with section 102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic
environmental impact statement. This programmatic environmental impact
statement will be deemed sufficient to comply with all requirements
under that Act for all necessary resource management and land use plans
associated with the implementation of the strategy.
``(g) Congressional Review.--At least 60 days prior to publishing a
proposed strategy under this section, the Secretary shall submit it to
the President and the Congress, together with any comments received
from States, federally recognized Indian tribes, and local governments.
Such submission shall indicate why any specific recommendation of a
State, federally recognized Indian tribe, or local government was not
accepted.
``(h) Strategic and Critical Energy Minerals Defined.--For purposes
of this section, the term `strategic and critical energy minerals'
means those that are necessary for the Nation's energy infrastructure
including pipelines, refining capacity, electrical power generation and
transmission, and renewable energy production and those that are
necessary to support domestic manufacturing, including but not limited
to, materials used in energy generation, production, and
transportation.''.
(b) First Quadrennial Strategy.--Not later than 18 months after the
date of enactment of this Act, the Secretary of the Interior shall
submit to Congress the first Quadrennial Federal Onshore Energy
Production Strategy under the amendment made by subsection (a).
Subtitle C--National Petroleum Reserve in Alaska Access
SEC. 23001. SHORT TITLE.
This subtitle may be cited as the ``National Petroleum Reserve
Alaska Access Act''.
SEC. 23002. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE
NATIONAL PETROLEUM RESERVE IN ALASKA.
It is the sense of Congress that--
(1) the National Petroleum Reserve in Alaska remains
explicitly designated, both in name and legal status, for
purposes of providing oil and natural gas resources to the
United States; and
(2) accordingly, the national policy is to actively advance
oil and gas development within the Reserve by facilitating the
expeditious exploration, production, and transportation of oil
and natural gas from and through the Reserve.
SEC. 23003. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.
Section 107(a) of the Naval Petroleum Reserves Production Act of
1976 (42 U.S.C. 6506a(a)) is amended to read as follows:
``(a) In General.--The Secretary shall conduct an expeditious
program of competitive leasing of oil and gas in the reserve in
accordance with this Act. Such program shall include at least one lease
sale annually in those areas of the reserve most likely to produce
commercial quantities of oil and natural gas each year in the period
2014 through 2024.''.
SEC. 23004. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND
PERMITTING PIPELINE AND ROAD CONSTRUCTION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Interior, in consultation with other appropriate
Federal agencies, shall facilitate and ensure permits, in a timely and
environmentally responsible manner, for all surface development
activities, including for the construction of pipelines and roads,
necessary to--
(1) develop and bring into production any areas within the
National Petroleum Reserve in Alaska that are subject to oil
and gas leases; and
(2) transport oil and gas from and through the National
Petroleum Reserve in Alaska in the most direct manner possible
to existing transportation or processing infrastructure on the
North Slope of Alaska.
(b) Timeline.--The Secretary shall ensure that any Federal
permitting agency shall issue permits in accordance with the following
timeline:
(1) Permits for such construction for transportation of oil
and natural gas produced under existing Federal oil and gas
leases with respect to which the Secretary has issued a permit
to drill shall be approved within 60 days after the date of
enactment of this Act.
(2) Permits for such construction for transportation of oil
and natural gas produced under Federal oil and gas leases shall
be approved within 6 months after the submission to the
Secretary of a request for a permit to drill.
(c) Plan.--To ensure timely future development of the Reserve,
within 270 days after the date of the enactment of this Act, the
Secretary of the Interior shall submit to Congress a plan for approved
rights-of-way for a plan for pipeline, road, and any other surface
infrastructure that may be necessary infrastructure that will ensure
that all leasable tracts in the Reserve are within 25 miles of an
approved road and pipeline right-of-way that can serve future
development of the Reserve.
SEC. 23005. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND
ENVIRONMENTAL IMPACT STATEMENT.
(a) Issuance of New Integrated Activity Plan.--The Secretary of the
Interior shall, within 180 days after the date of enactment of this
Act, issue--
(1) a new proposed integrated activity plan from among the
non-adopted alternatives in the National Petroleum Reserve
Alaska Integrated Activity Plan Record of Decision issued by
the Secretary of the Interior and dated February 21, 2013; and
(2) an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the
National Petroleum Reserve-Alaska to promote efficient and
maximum development of oil and natural gas resources of such
reserve.
(b) Nullification of Existing Record of Decision, IAP, and EIS.--
Except as provided in subsection (a), the National Petroleum Reserve-
Alaska Integrated Activity Plan Record of Decision issued by the
Secretary of the Interior and dated February 21, 2013, including the
integrated activity plan and environmental impact statement referred to
in that record of decision, shall have no force or effect.
SEC. 23006. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.
The Secretary of the Interior shall issue regulations not later
than 180 days after the date of enactment of this Act that establish
clear requirements to ensure that the Department of the Interior is
supporting development of oil and gas leases in the National Petroleum
Reserve-Alaska.
SEC. 23007. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN.
At a minimum, the new proposed integrated activity plan issued
under section 23005(a)(1) shall--
(1) require the Department of the Interior to respond
within 5 business days to a person who submits an application
for a permit for development of oil and natural gas leases in
the National Petroleum Reserve-Alaska acknowledging receipt of
such application; and
(2) establish a timeline for the processing of each such
application, that--
(A) specifies deadlines for decisions and actions
on permit applications; and
(B) provide that the period for issuing each permit
after submission of such an application shall not
exceed 60 days without the concurrence of the
applicant.
SEC. 23008. UPDATED RESOURCE ASSESSMENT.
(a) In General.--The Secretary of the Interior shall complete a
comprehensive assessment of all technically recoverable fossil fuel
resources within the National Petroleum Reserve in Alaska, including
all conventional and unconventional oil and natural gas.
(b) Cooperation and Consultation.--The resource assessment required
by subsection (a) shall be carried out by the United States Geological
Survey in cooperation and consultation with the State of Alaska and the
American Association of Petroleum Geologists.
(c) Timing.--The resource assessment required by subsection (a)
shall be completed within 24 months of the date of the enactment of
this Act.
(d) Funding.--The United States Geological Survey may, in carrying
out the duties under this section, cooperatively use resources and
funds provided by the State of Alaska.
Subtitle D--BLM Live Internet Auctions
SEC. 24001. SHORT TITLE.
This subtitle may be cited as the ``BLM Live Internet Auctions
Act''.
SEC. 24002. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES.
(a) Authorization.--Section 17(b)(1) of the Mineral Leasing Act (30
U.S.C. 226(b)(1)) is amended--
(1) in subparagraph (A), in the third sentence, by
inserting ``, except as provided in subparagraph (C)'' after
``by oral bidding''; and
(2) by adding at the end the following:
``(C) In order to diversify and expand the Nation's onshore leasing
program to ensure the best return to the Federal taxpayer, reduce
fraud, and secure the leasing process, the Secretary may conduct
onshore lease sales through Internet-based bidding methods. Each
individual Internet-based lease sale shall conclude within 7 days.''.
(b) Report.--Not later than 90 days after the tenth Internet-based
lease sale conducted under the amendment made by subsection (a), the
Secretary of the Interior shall analyze the first 10 such lease sales
and report to Congress the findings of the analysis. The report shall
include--
(1) estimates on increases or decreases in such lease
sales, compared to sales conducted by oral bidding, in--
(A) the number of bidders;
(B) the average amount of bid;
(C) the highest amount bid; and
(D) the lowest bid;
(2) an estimate on the total cost or savings to the
Department of the Interior as a result of such sales, compared
to sales conducted by oral bidding; and
(3) an evaluation of 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.
Subtitle E--Native American Energy
SEC. 25001. SHORT TITLE.
This subtitle may be cited as the ``Native American Energy Act''.
SEC. 25002. APPRAISALS.
(a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25
U.S.C. 3501 et seq.) is amended by adding at the end the following:
``SEC. 2607. APPRAISAL REFORMS.
``(a) Options to Indian Tribes.--With respect to a transaction
involving Indian land or the trust assets of an Indian tribe that
requires the approval of the Secretary, any appraisal relating to fair
market value required to be conducted under applicable law, regulation,
or policy may be completed by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Time Limit on Secretarial Review and Action.--Not later than
30 days after the date on which the Secretary receives an appraisal
conducted by or for an Indian tribe pursuant to paragraphs (2) or (3)
of subsection (a), the Secretary shall--
``(1) review the appraisal; and
``(2) provide to the Indian tribe a written notice of
approval or disapproval of the appraisal.
``(c) Failure of Secretary To Approve or Disapprove.--If, after 60
days, the Secretary has failed to approve or disapprove any appraisal
received, the appraisal shall be deemed approved.
``(d) Option to Indian Tribes To Waive Appraisal.--
``(1) An Indian tribe wishing to waive the requirements of
subsection (a), may do so after it has satisfied the
requirements of subsections (2) and (3) below.
``(2) An Indian tribe wishing to forego the necessity of a
waiver pursuant to this section must provide to the Secretary a
written resolution, statement, or other unambiguous indication
of tribal intent, duly approved by the governing body of the
Indian tribe.
``(3) The unambiguous indication of intent provided by the
Indian tribe to the Secretary under paragraph (2) must include
an express waiver by the Indian tribe of any claims for damages
it might have against the United States as a result of the lack
of an appraisal undertaken.
``(e) Definition.--For purposes of this subsection, the term
`appraisal' includes appraisals and other estimates of value.
``(f) Regulations.--The Secretary shall develop regulations for
implementing this section, including standards the Secretary shall use
for approving or disapproving an appraisal.''.
(b) Conforming Amendment.--The table of contents of the Energy
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the
end of the items relating to title XXVI the following:
``Sec. 2607. Appraisal reforms.''.
SEC. 25003. STANDARDIZATION.
As soon as practicable after the date of the enactment of this Act,
the Secretary of the Interior shall implement procedures to ensure that
each agency within the Department of the Interior that is involved in
the review, approval, and oversight of oil and gas activities on Indian
lands shall use a uniform system of reference numbers and tracking
systems for oil and gas wells.
SEC. 25004. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN
LANDS.
Section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the
first sentence, and by adding at the end the following:
``(b) Review of Major Federal Actions on Indian Lands.--
``(1) In general.--For any major Federal action on Indian
lands of an Indian tribe requiring the preparation of a
statement under subsection (a)(2)(C), the statement shall only
be available for review and comment by the members of the
Indian tribe and by any other individual residing within the
affected area.
``(2) Regulations.--The Chairman of the Council on
Environmental Quality shall develop regulations to implement
this section, including descriptions of affected areas for
specific major Federal actions, in consultation with Indian
tribes.
``(3) Definitions.--In this subsection, each of the terms
`Indian land' and `Indian tribe' has the meaning given that
term in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501).
``(4) Clarification of authority.--Nothing in the Native
American Energy Act, except section 25006 of that Act, shall
give the Secretary any additional authority over energy
projects on Alaska Native Claims Settlement Act lands.''.
SEC. 25005. JUDICIAL REVIEW.
(a) Time for Filing Complaint.--Any energy related action must be
filed not later than the end of the 60-day period beginning on the date
of the final agency action. Any energy related action not filed within
this time period shall be barred.
(b) District Court Venue and Deadline.--All energy related
actions--
(1) shall be brought in the United States District Court
for the District of Columbia; and
(2) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause of action is
filed.
(c) Appellate Review.--An interlocutory order or final judgment,
decree or order of the district court in an energy related action may
be reviewed by the U.S. Court of Appeals for the District of Columbia
Circuit. The D.C. Circuit Court of Appeals shall resolve such appeal as
expeditiously as possible, and in any event not more than 180 days
after such interlocutory order or final judgment, decree or order of
the district court was issued.
(d) Limitation on Certain Payments.--Notwithstanding section 1304
of title 31, United States Code, no award may be made under section 504
of title 5, United States Code, or under section 2412 of title 28,
United States Code, and no amounts may be obligated or expended from
the Claims and Judgment Fund of the United States Treasury to pay any
fees or other expenses under such sections, to any person or party in
an energy related action.
(e) Legal Fees.--In any energy related action in which the
plaintiff does not ultimately prevail, the court shall award to the
defendant (including any intervenor-defendants), other than the United
States, fees and other expenses incurred by that party in connection
with the energy related action, unless the court finds that the
position of the plaintiff was substantially justified or that special
circumstances make an award unjust. Whether or not the position of the
plaintiff was substantially justified shall be determined on the basis
of the administrative record, as a whole, which is made in the energy
related action for which fees and other expenses are sought.
(f) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Agency action.--The term ``agency action'' has the same
meaning given such term in section 551 of title 5, United
States Code.
(2) Indian land.--The term ``Indian Land'' has the same
meaning given such term in section 203(c)(3) of the Energy
Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501),
including lands owned by Native Corporations under the Alaska
Native Claims Settlement Act (Public Law 92-203; 43 U.S.C.
1601).
(3) Energy related action.--The term ``energy related
action'' means a cause of action that--
(A) is filed on or after the effective date of this
Act; and
(B) seeks judicial review of a final agency action
to issue a permit, license, or other form of agency
permission allowing:
(i) any person or entity to conduct
activities on Indian Land, which activities
involve the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity; or
(ii) any Indian Tribe, or any organization
of two or more entities, at least one of which
is an Indian tribe, to conduct activities
involving the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity, regardless of where such
activities are undertaken.
(4) Ultimately prevail.--The phrase ``ultimately prevail''
means, in a final enforceable judgment, the court rules in the
party's favor on at least one cause of action which is an
underlying rationale for the preliminary injunction,
administrative stay, or other relief requested by the party,
and does not include circumstances where the final agency
action is modified or amended by the issuing agency unless such
modification or amendment is required pursuant to a final
enforceable judgment of the court or a court-ordered consent
decree.
SEC. 25006. TRIBAL BIOMASS DEMONSTRATION PROJECT.
The Tribal Forest Protection Act of 2004 is amended by inserting
after section 2 (25 U.S.C. 3115a) the following:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) In General.--For each of fiscal years 2014 through 2018, the
Secretary shall enter into stewardship contracts or other agreements,
other than agreements that are exclusively direct service contracts,
with Indian tribes to carry out demonstration projects to promote
biomass energy production (including biofuel, heat, and electricity
generation) on Indian forest land and in nearby communities by
providing reliable supplies of woody biomass from Federal land.
``(b) Definitions.--The definitions in section 2 shall apply to
this section.
``(c) Demonstration Projects.--In each fiscal year for which
projects are authorized, the Secretary shall enter into contracts or
other agreements described in subsection (a) to carry out at least 4
new demonstration projects that meet the eligibility criteria described
in subsection (d).
``(d) Eligibility Criteria.--To be eligible to enter into a
contract or other agreement under this subsection, an Indian tribe
shall submit to the Secretary an application--
``(1) containing such information as the Secretary may
require; and
``(2) that includes a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; and
``(B) the demonstration project proposed to be
carried out by the Indian tribe.
``(e) Selection.--In evaluating the applications submitted under
subsection (c), the Secretary--
``(1) shall take into consideration the factors set forth
in paragraphs (1) and (2) of section 2(e) of Public Law 108-
278; and whether a proposed demonstration project would--
``(A) increase the availability or reliability of
local or regional energy;
``(B) enhance the economic development of the
Indian tribe;
``(C) improve the connection of electric power
transmission facilities serving the Indian tribe with
other electric transmission facilities;
``(D) improve the forest health or watersheds of
Federal land or Indian forest land or rangeland; or
``(E) otherwise promote the use of woody biomass;
and
``(2) shall exclude from consideration any merchantable
logs that have been identified by the Secretary for commercial
sale.
``(f) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian tribes and appropriate intertribal organizations likely
to be affected in developing the application and otherwise
carrying out this section.
``(g) Report.--Not later than September 20, 2015, the Secretary
shall submit to Congress a report that describes, with respect to the
reporting period--
``(1) each individual tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(h) Incorporation of Management Plans.--In carrying out a
contract or agreement under this section, on receipt of a request from
an Indian tribe, the Secretary shall incorporate into the contract or
agreement, to the extent practicable, management plans (including
forest management and integrated resource management plans) in effect
on the Indian forest land or rangeland of the respective Indian tribe.
``(i) Term.--A stewardship contract or other agreement entered into
under this section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.''.
SEC. 25007. TRIBAL RESOURCE MANAGEMENT PLANS.
Unless otherwise explicitly exempted by Federal law enacted after
the date of the enactment of this Act, any activity conducted or
resources harvested or produced pursuant to a tribal resource
management plan or an integrated resource management plan approved by
the Secretary of the Interior under the National Indian Forest
Resources Management Act (25 U.S.C. 3101 et seq.) or the American
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.),
shall be considered a sustainable management practice for purposes of
any Federal standard, benefit, or requirement that requires a
demonstration of such sustainability.
SEC. 25008. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.
Subsection (e)(1) of the first section of the Act of August 9, 1955
(25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing
Act''), is amended--
(1) by striking ``, except a lease for'' and inserting ``,
including leases for'';
(2) in subparagraph (A), by striking ``25'' the first place
it appears and all that follows and inserting ``99 years;'';
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of mineral resources, including
geothermal resources, 25 years, except that any such lease may
include an option to renew for one additional term not to
exceed 25 years.''.
SEC. 25009. NONAPPLICABILITY OF CERTAIN RULES.
No rule promulgated by the Department of the Interior regarding
hydraulic fracturing used in the development or production of oil or
gas resources shall have any effect on any land held in trust or
restricted status for the benefit of Indians except with the express
consent of the beneficiary on whose behalf such land is held in trust
or restricted status.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 30101. ESTABLISHMENT OF OFFICE OF ENERGY EMPLOYMENT AND TRAINING.
(a) Establishment.--The Secretary of the Interior shall establish
an Office of Energy Employment and Training, which shall oversee the
hiring and training efforts of the Department of the Interior's energy
planning, permitting, and regulatory agencies.
(b) Director.--
(1) In general.--The Office shall be under the direction of
a Deputy Assistant Secretary for Energy Employment and
Training, who shall report directly to the Assistant Secretary
for Energy, Lands and Minerals Management, and shall be fully
employed to carry out the functions of the Office.
(2) Duties.--The Deputy Assistant Secretary for Energy
Employment and Training shall perform the following functions:
(A) Develop and implement systems to track the
Department's hiring of trained skilled workers in the
energy permitting and inspection agencies.
(B) Design and recommend to the Secretary programs
and policies aimed at expanding the Department's hiring
of women, minorities, and veterans into the
Department's workforce dealing with energy permitting
and inspection programs. Such programs and policies
shall include--
(i) recruiting at historically black
colleges and universities, Hispanic-serving
institutions, women's colleges, and colleges
that typically serve majority minority
populations;
(ii) sponsoring and recruiting at job fairs
in urban communities;
(iii) placing employment advertisements in
newspapers and magazines oriented toward
minorities, veterans, and women;
(iv) partnering with organizations that are
focused on developing opportunities for
minorities, veterans, and women to be placed in
Departmental internships, summer employment,
and full-time positions relating to energy;
(v) where feasible, partnering with inner-
city high schools, girls' high schools, and
high schools with majority minority populations
to demonstrate career opportunities and the
path to those opportunities available at the
Department;
(vi) coordinating with the Department of
Veterans Affairs and the Department of Defense
in the hiring of veterans; and
(vii) any other mass media communications
that the Deputy Assistant Secretary determines
necessary to advertise, promote, or educate
about opportunities at the Department.
(C) Develop standards for--
(i) equal employment opportunity and the
racial, ethnic, and gender diversity of the
workforce and senior management of the
Department; and
(ii) increased participation of minority-
owned, veteran-owned, and women-owned
businesses in the programs and contracts with
the Department.
(D) Review and propose for adoption the best
practices of entities regulated by the Department with
regards to hiring and diversity policies, and publish
those best practices for public review.
(c) Reports.--The Secretary shall submit to Congress an annual
report regarding the actions taken by the Department of the Interior
agency and the Office pursuant to this section, which shall include--
(1) a statement of the total amounts paid by the Department
to minority contractors;
(2) the successes achieved and challenges faced by the
Department in operating minority, veteran or service-disabled
veteran, and women outreach programs;
(3) the challenges the Department may face in hiring
minority, veteran, and women employees and contracting with
veteran or service-disabled veteran, minority-owned, and women-
owned businesses; and
(4) any other information, findings, conclusions, and
recommendations for legislative or Department action, as the
Director determines appropriate.
(d) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Minority.--The term ``minority'' means United States
citizens who are Asian Indian American, Asian Pacific American,
Black American, Hispanic American, or Native American.
(2) Minority-owned business.--The term ``minority-owned
business'' means a for-profit enterprise, regardless of size,
physically located in the United States or its trust
territories, that is owned, operated, and controlled by
minority group members. ``Minority group members'' are United
States citizens who are Asian Indian American, Asian Pacific
American, Black American, Hispanic American, or Native American
(terminology in NMSDC categories). Ownership by minority
individuals means the business is at least 51 percent owned by
such individuals or, in the case of a publicly owned business,
at least 51 percent of the stock is owned by one or more such
individuals. Further, the management and daily operations are
controlled by those minority group members. For purposes of
NMSDC's program, a minority group member is an individual who
is a United States citizen with at least \1/4\ or 25 percent
minimum (documentation to support claim of 25 percent required
from applicant) of one or more of the following:
(A) Asian Indian American, which is a United States
citizen whose origins are from India, Pakistan, or
Bangladesh.
(B) Asian Pacific American, which is a United
States citizen whose origins are from Japan, China,
Indonesia, Malaysia, Taiwan, Korea, Vietnam, Laos,
Cambodia, the Philippines, Thailand, Samoa, Guam, the
United States Trust Territories of the Pacific, or the
Northern Marianas.
(C) Black American, which is a United States
citizen having origins in any of the Black racial
groups of Africa.
(D) Hispanic American, which is a United States
citizen of true-born Hispanic heritage, from any of the
Spanish-speaking areas of the following regions:
Mexico, Central America, South America, and the
Caribbean Basin only.
(E) Native American, which means a United States
citizen enrolled to a federally recognized tribe, or a
Native as defined under the Alaska Native Claims
Settlement Act.
(3) NMSDC.--The term ``NMSDC'' means the National Minority
Supplier Development Council.
(4) Women-owned business.--The term ``women-owned
business'' means a business that can verify through evidence
documentation that 51 percent or more is women-owned, managed,
and controlled. The business must be open for at least 6
months. The business owner must be a United States citizen or
legal resident alien. Evidence must indicate that--
(A) the contribution of capital or expertise by the
woman business owner is real and substantial and in
proportion to the interest owned;
(B) the woman business owner directs or causes the
direction of management, policy, fiscal, and
operational matters; and
(C) the woman business owner has the ability to
perform in the area of specialty or expertise without
reliance on either the finances or resources of a firm
that is not owned by a woman.
(5) Service disabled veteran.--The term ``Service Disabled
Veteran'' must have a service-connected disability that has
been determined by the Department of Veterans Affairs or
Department of Defense. The SDVOSBC must be small under the
North American Industry Classification System (NAICS) code
assigned to the procurement; the SDV must unconditionally own
51 percent of the SDVOSBC; the SDVO must control the management
and daily operations of the SDVOSBC; and the SDV must hold the
highest officer position in the SDVOSBC.
(6) Veteran-owned business.--The term ``veteran-owned
business'' means a business that can verify through evidence
documentation that 51 percent or more is veteran-owned,
managed, and controlled. The business must be open for at least
6 months. The business owner must be a United States citizen or
legal resident alien and honorably or service-connected
disability discharged from service.
SUBDIVISION B--BUREAU OF RECLAMATION CONDUIT HYDROPOWER DEVELOPMENT
EQUITY AND JOBS ACT
SEC. 1. SHORT TITLE.
This subdivision may be cited as the ``Bureau of Reclamation
Conduit Hydropower Development Equity and Jobs Act''.
SEC. 2. AMENDMENT.
Section 9 of the Act entitled ``An Act authorizing construction of
water conservation and utilization projects in the Great Plains and
arid semiarid areas of the United States'', approved August 11, 1939
(16 U.S.C. 590z-7; commonly known as the ``Water Conservation and
Utilization Act''), is amended--
(1) by striking ``In connection with'' and inserting ``(a)
In connection with''; and
(2) by adding at the end the following:
``(b) Notwithstanding subsection (a), the Secretary is authorized
to enter into leases of power privileges for electric power generation
in connection with any project constructed under this Act, and shall
have authority in addition to and alternative to any authority in
existing laws relating to particular projects, including small conduit
hydropower development.
``(c) When entering into leases of power privileges under
subsection (b), the Secretary shall use the processes applicable to
such leases under section 9(c) of the Reclamation Project Act of 1939
(43 U.S.C. 485h(c)).
``(d) Lease of power privilege contracts shall be at such rates as,
in the Secretary's judgment, will produce revenues at least sufficient
to cover the appropriate share of the annual operation and maintenance
cost of the project and such fixed charges, including interest, as the
Secretary deems proper. Lease of power privilege contracts shall be for
periods not to exceed 40 years.
``(e) No findings under section 3 shall be required for a lease
under subsection (b).
``(f) All right, title, and interest to installed power facilities
constructed by non-Federal entities pursuant to a lease of power
privilege, and direct revenues derived therefrom, shall remain with the
lessee unless otherwise required under subsection (g).
``(g) Notwithstanding section 8, lease revenues and fixed charges,
if any, shall be covered into the Reclamation Fund to be credited to
the project from which those revenues or charges were derived.
``(h) When carrying out this section, the Secretary shall first
offer the lease of power privilege to an irrigation district or water
users association operating the applicable transferred conduit, or to
the irrigation district or water users association receiving water from
the applicable reserved conduit. The Secretary shall determine a
reasonable timeframe for the irrigation district or water users
association to accept or reject a lease of power privilege offer. If
the irrigation district or water users association elects not to accept
a lease of power privilege offer under subsection (b), the Secretary
shall offer the lease of power privilege to other parties using the
processes applicable to such leases under section 9(c) of the
Reclamation Project Act of 1939 (43 U.S.C. 485h(c)).
``(i) The Bureau of Reclamation shall apply its categorical
exclusion process under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) to small conduit hydropower development under
this section, excluding siting of associated transmission facilities on
Federal lands.
``(j) Nothing in this section shall obligate the Western Area Power
Administration or the Bonneville Power Administration to purchase or
market any of the power produced by the facilities covered under this
section and none of the costs associated with production or delivery of
such power shall be assigned to project purposes for inclusion in
project rates.
``(k) Nothing in this section shall alter or impede the delivery
and management of water by Bureau of Reclamation facilities, as water
used for conduit hydropower generation shall be deemed incidental to
use of water for the original project purposes. Lease of power
privilege shall be made only when, in the judgment of the Secretary,
the exercise of the lease will not be incompatible with the purposes of
the project or division involved and shall not create any unmitigated
financial or physical impacts to the project or division involved. The
Secretary shall notify and consult with the irrigation district or
legally organized water users association operating the transferred
conduit in advance of offering the lease of power privilege and shall
prescribe such terms and conditions necessary to adequately protect the
planning, design, construction, operation, maintenance, and other
interests of the United States and the project or division involved.
``(l) Nothing in this section shall alter or affect any agreements
in effect on the date of the enactment of the Bureau of Reclamation
Conduit Hydropower Development Equity and Jobs Act for the development
of conduit hydropower projects or disposition of revenues.
``(m) In this section:
``(1) The term `conduit' means any Bureau of Reclamation
tunnel, canal, pipeline, aqueduct, flume, ditch, or similar
manmade water conveyance that is operated for the distribution
of water for agricultural, municipal, or industrial consumption
and not primarily for the generation of electricity.
``(2) The term `irrigation district' means any irrigation,
water conservation or conservancy, multi-county water
conservation or conservancy district, or any separate public
entity composed of two or more such districts and jointly
exercising powers of its member districts.
``(3) The term `reserved conduit' means any conduit that is
included in project works the care, operation, and maintenance
of which has been reserved by the Secretary, through the
Commissioner of the Bureau of Reclamation.
``(4) The term `transferred conduit' means any conduit that
is included in project works the care, operation, and
maintenance of which has been transferred to a legally
organized water users association or irrigation district.
``(5) The term `small conduit hydropower' means a facility
capable of producing 5 megawatts or less of electric
capacity.''.
SUBDIVISION C--CENTRAL OREGON JOBS AND WATER SECURITY ACT
SEC. 1. SHORT TITLE.
This subdivision may be cited as the ``Central Oregon Jobs and
Water Security Act''.
SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON.
Section 3(a)(72) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(72)) is amended as follows:
(1) By striking ``15-mile'' and inserting ``14.75-mile''.
(2) In subparagraph (B)--
(A) by striking ``8-mile'' and all that follows
through ``Bowman Dam'' and inserting ``7.75-mile
segment from a point one-quarter mile downstream from
the toe of Bowman Dam''; and
(B) by adding at the end the following: ``The
developer for any hydropower development, including
turbines and appurtenant facilities, at Bowman Dam, in
consultation with the Bureau of Land Management, shall
analyze any impacts to the Outstandingly Remarkable
Values of the Wild and Scenic River that may be caused
by such development, including the future need to
undertake routine and emergency repairs, and shall
propose mitigation for any impacts as part of any
license application submitted to the Federal Energy
Regulatory Commission.''.
SEC. 3. CITY OF PRINEVILLE WATER SUPPLY.
Section 4 of the Act of August 6, 1956 (70 Stat. 1058), (as amended
by the Acts of September 14, 1959 (73 Stat. 554), and September 18,
1964 (78 Stat. 954)) is further amended as follows:
(1) By striking ``ten cubic feet'' the first place it
appears and inserting ``17 cubic feet''.
(2) By striking ``during those months when there is no
other discharge therefrom, but this release may be reduced for
brief temporary periods by the Secretary whenever he may find
that release of the full ten cubic feet per second is harmful
to the primary purpose of the project''.
(3) By adding at the end the following: ``Without further
action by the Secretary, and as determined necessary for any
given year by the City of Prineville, up to seven of the 17
cubic feet per second minimum release shall also serve as
mitigation for City of Prineville groundwater pumping, pursuant
to and in a manner consistent with Oregon State law, including
any shaping of the release of the up to seven cubic feet per
second to coincide with City of Prineville groundwater pumping
as may be required by the State of Oregon. As such, the
Secretary is authorized to make applications to the State of
Oregon in conjunction with the City to protect these supplies
instream. The City shall make payment to the Secretary for that
portion of the minimum release that actually serves as
mitigation pursuant to Oregon State law for the City in any
given year, with the payment for any given year equal to the
amount of mitigation in acre feet required to offset actual
City groundwater pumping for that year in accordance with
Reclamation `Water and Related Contract and Repayment
Principles and Requirements', Reclamation Manual Directives and
Standards PEC 05-01, dated 09/12/2006, and guided by `Economic
and Environmental Principles and Guidelines for Water and
Related Land Resources Implementation Studies', dated March 10,
1983. The Secretary is authorized to contract exclusively with
the City for additional amounts in the future at the request of
the City.''.
SEC. 4. FIRST FILL PROTECTION.
The Act of August 6, 1956 (70 Stat. 1058), as amended by the Acts
of September 14, 1959 (73 Stat. 554), and September 18, 1964 (78 Stat.
954), is further amended by adding at the end the following:
``Sec. 6. Other than the 17 cubic feet per second release provided
for in section 4, and subject to compliance with the Army Corps of
Engineers' flood curve requirements, the Secretary shall, on a `first
fill' priority basis, store in and release from Prineville Reservoir,
whether from carryover, infill, or a combination thereof, the
following:
``(1) 68,273 acre feet of water annually to fulfill all 16
Bureau of Reclamation contracts existing as of January 1, 2011,
and up to 2,740 acre feet of water annually to supply the McKay
Creek lands as provided for in section 5 of this Act.
``(2) Not more than 10,000 acre feet of water annually, to
be made available to the North Unit Irrigation District
pursuant to a Temporary Water Service Contract, upon the
request of the North Unit Irrigation District, consistent with
the same terms and conditions as prior such contracts between
the District and the Bureau of Reclamation.
``Sec. 7. Except as otherwise provided in this Act, nothing in
this Act--
``(1) modifies contractual rights that may exist between
contractors and the United States under Reclamation contracts;
``(2) amends or reopens contracts referred to in paragraph
(1); or
``(3) modifies any rights, obligations, or requirements
that may be provided or governed by Oregon State law.''.
SEC. 5. OCHOCO IRRIGATION DISTRICT.
(a) Early Repayment.--Notwithstanding section 213 of the
Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner within
Ochoco Irrigation District in Oregon, may repay, at any time, the
construction costs of the project facilities allocated to that
landowner's lands within the district. Upon discharge, in full, of the
obligation for repayment of the construction costs allocated to all
lands the landowner owns in the district, those lands shall not be
subject to the ownership and full-cost pricing limitations of the Act
of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts supplemental to and
amendatory of that Act, including the Reclamation Reform Act of 1982
(43 U.S.C. 390aa et seq.).
(b) Certification.--Upon the request of a landowner who has repaid,
in full, the construction costs of the project facilities allocated to
that landowner's lands owned within the district, the Secretary of the
Interior shall provide the certification provided for in subsection
(b)(1) of section 213 of the Reclamation Reform Act of 1982 (43 U.S.C.
390mm(b)(1)).
(c) Contract Amendment.--On approval of the district directors and
notwithstanding project authorizing legislation to the contrary, the
district's reclamation contracts are modified, without further action
by the Secretary of the Interior, to--
(1) authorize the use of water for instream purposes,
including fish or wildlife purposes, in order for the district
to engage in, or take advantage of, conserved water projects
and temporary instream leasing as authorized by Oregon State
law;
(2) include within the district boundary approximately
2,742 acres in the vicinity of McKay Creek, resulting in a
total of approximately 44,937 acres within the district
boundary;
(3) classify as irrigable approximately 685 acres within
the approximately 2,742 acres of included lands in the vicinity
of McKay Creek, where the approximately 685 acres are
authorized to receive irrigation water pursuant to water rights
issued by the State of Oregon and have in the past received
water pursuant to such State water rights; and
(4) provide the district with stored water from Prineville
Reservoir for purposes of supplying up to the approximately 685
acres of lands added within the district boundary and
classified as irrigable under paragraphs (2) and (3), with such
stored water to be supplied on an acre-per-acre basis
contingent on the transfer of existing appurtenant McKay Creek
water rights to instream use and the State's issuance of water
rights for the use of stored water.
(d) Limitation.--Except as otherwise provided in subsections (a)
and (c), nothing in this section shall be construed to--
(1) modify contractual rights that may exist between the
district and the United States under the district's Reclamation
contracts;
(2) amend or reopen the contracts referred to in paragraph
(1); or
(3) modify any rights, obligations or relationships that
may exist between the district and its landowners as may be
provided or governed by Oregon State law.
SUBDIVISION D--STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION; EPA
HYDRAULIC FRACTURING RESEARCH
TITLE I--STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Protecting States' Rights to
Promote American Energy Security Act''.
SEC. 102. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by
redesignating section 44 as section 45, and by inserting after section
43 the following:
``SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.
``(a) In General.--The Department of the Interior shall not enforce
any Federal regulation, guidance, or permit requirement regarding
hydraulic fracturing, or any component of that process, relating to
oil, gas, or geothermal production activities on or under any land in
any State that has regulations, guidance, or permit requirements for
that activity.
``(b) State Authority.--The Department of the Interior shall
recognize and defer to State regulations, permitting, and guidance, for
all activities related to hydraulic fracturing, or any component of
that process, relating to oil, gas, or geothermal production activities
on Federal land.
``(c) Transparency of State Regulations.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of its regulations that apply to
hydraulic fracturing operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations submitted under
this subsection.
``(d) Transparency of State Disclosure Requirements.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of any regulations of the State that
require disclosure of chemicals used in hydraulic fracturing
operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations submitted under
this subsection.
``(e) Hydraulic Fracturing Defined.--In this section the term
`hydraulic fracturing' means the process by which fracturing fluids (or
a fracturing fluid system) are pumped into an underground geologic
formation at a calculated, predetermined rate and pressure to generate
fractures or cracks in the target formation and thereby increase the
permeability of the rock near the wellbore and improve production of
natural gas or oil.''.
SEC. 103. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study examining the economic benefits of domestic shale oil
and gas production resulting from the process of hydraulic fracturing.
This study will include identification of--
(1) State and Federal revenue generated as a result of
shale gas production;
(2) jobs created both directly and indirectly as a result
of shale oil and gas production; and
(3) an estimate of potential energy prices without domestic
shale oil and gas production.
(b) Report.--The Comptroller General shall submit a report on the
findings of such study to the Committee on Natural Resources of the
House of Representatives within 30 days after completion of the study.
SEC. 104. TRIBAL AUTHORITY ON TRUST LAND.
The Department of the Interior shall not enforce any Federal
regulation, guidance, or permit requirement regarding the process of
hydraulic fracturing (as that term is defined in section 44 of the
Mineral Leasing Act, as amended by section 102 of this Act), or any
component of that process, relating to oil, gas, or geothermal
production activities on any land held in trust or restricted status
for the benefit of Indians except with the express consent of the
beneficiary on whose behalf such land is held in trust or restricted
status.
TITLE II--EPA HYDRAULIC FRACTURING RESEARCH
SEC. 201. SHORT TITLE.
This title may be cited as the ``EPA Hydraulic Fracturing Study
Improvement Act''.
SEC. 202. EPA HYDRAULIC FRACTURING RESEARCH.
In conducting its study of the potential impacts of hydraulic
fracturing on drinking water resources, with respect to which a request
for information was issued under Federal Register Vol. 77, No. 218, the
Administrator of the Environmental Protection Agency shall adhere to
the following requirements:
(1) Peer review and information quality.--Prior to issuance
and dissemination of any final report or any interim report
summarizing the Environmental Protection Agency's research on
the relationship between hydraulic fracturing and drinking
water, the Administrator shall--
(A) consider such reports to be Highly Influential
Scientific Assessments and require peer review of such
reports in accordance with guidelines governing such
assessments, as described in--
(i) the Environmental Protection Agency's
Peer Review Handbook 3rd Edition;
(ii) the Environmental Protection Agency's
Scientific Integrity Policy, as in effect on
the date of enactment of this Act; and
(iii) the Office of Management and Budget's
Peer Review Bulletin, as in effect on the date
of enactment of this Act; and
(B) require such reports to meet the standards and
procedures for the dissemination of influential
scientific, financial, or statistical information set
forth in the Environmental Protection Agency's
Guidelines for Ensuring and Maximizing the Quality,
Objectivity, Utility, and Integrity of Information
Disseminated by the Environmental Protection Agency,
developed in response to guidelines issued by the
Office of Management and Budget under section 515(a) of
the Treasury and General Government Appropriations Act
for Fiscal Year 2001 (Public Law 106-554).
(2) Probability, uncertainty, and consequence.--In order to
maximize the quality and utility of information developed
through the study, the Administrator shall ensure that
identification of the possible impacts of hydraulic fracturing
on drinking water resources included in such reports be
accompanied by objective estimates of the probability,
uncertainty, and consequence of each identified impact, taking
into account the risk management practices of States and
industry. Estimates or descriptions of probability,
uncertainty, and consequence shall be as quantitative as
possible given the validity, accuracy, precision, and other
quality attributes of the underlying data and analyses, but no
more quantitative than the data and analyses can support.
(3) Release of final report.--The final report shall be
publicly released by September 30, 2016.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. REVIEW OF STATE ACTIVITIES.
The Secretary of the Interior shall annually review and report to
Congress on all State activities relating to hydraulic fracturing.
SUBDIVISION E--PREVENTING GOVERNMENT WASTE AND PROTECTING COAL MINING
JOBS IN AMERICA
SEC. 1. SHORT TITLE.
This subdivision may be cited as the ``Preventing Government Waste
and Protecting Coal Mining Jobs in America''.
SEC. 2. INCORPORATION OF SURFACE MINING STREAM BUFFER ZONE RULE INTO
STATE PROGRAMS.
(a) In General.--Section 503 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1253) is amended by adding at the
end the following:
``(e) Stream Buffer Zone Management.--
``(1) In general.--In addition to the requirements under
subsection (a), each State program shall incorporate the
necessary rule regarding excess spoil, coal mine waste, and
buffers for perennial and intermittent streams published by the
Office of Surface Mining Reclamation and Enforcement on
December 12, 2008 (73 Fed. Reg. 75813 et seq.) which complies
with the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) in view of the 2006 discussions between the Director of
the Office of Surface Mining and the Director of the United
States Fish and Wildlife Service, and the Office of Surface
Mining Reclamation and Enforcement's consideration and review
of comments submitted by the United States Fish and Wildlife
Service during the rulemaking process in 2007.
``(2) Study of implementation.--The Secretary shall--
``(A) at such time as the Secretary determines all
States referred to in subsection (a) have fully
incorporated the necessary rule referred to in
paragraph (1) of this subsection into their State
programs, publish notice of such determination;
``(B) during the 5-year period beginning on the
date of such publication, assess the effectiveness of
implementation of such rule by such States;
``(C) carry out all required consultation on the
benefits and other impacts of the implementation of the
rule to any threatened species or endangered species,
with the participation of the United States Fish and
Wildlife Service and the United States Geological
Survey; and
``(D) upon the conclusion of such period, submit a
comprehensive report on the impacts of such rule to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, including--
``(i) an evaluation of the effectiveness of
such rule;
``(ii) an evaluation of any ways in which
the existing rule inhibits energy production;
and
``(iii) a description in detail of any
proposed changes that should be made to the
rule, the justification for such changes, all
comments on such changes received by the
Secretary from such States, and the projected
costs and benefits of such changes.
``(3) Limitation on new regulations.--The Secretary may not
issue any regulations under this Act relating to stream buffer
zones or stream protection before the date of the publication
of the report under paragraph (2), other than a rule necessary
to implement paragraph (1).''.
(b) Deadline for State Implementation.--Not later than 2 years
after the date of the enactment of this Act, a State with a State
program approved under section 503 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1253) shall submit to the Secretary
of the Interior amendments to such program pursuant to part 732 of
title 30, Code of Federal Regulations, incorporating the necessary rule
referred to in subsection (e)(1) of such section, as amended by this
section.
DIVISION C--JUDICIARY
SEC. 1. SHORT TITLE.
This division may be cited as the ``Responsibly And Professionally
Invigorating Development Act of 2014'' or as the ``RAPID Act''.
SEC. 2. COORDINATION OF AGENCY ADMINISTRATIVE OPERATIONS FOR EFFICIENT
DECISIONMAKING.
(a) In General.--Chapter 5 of part 1 of title 5, United States
Code, is amended by inserting after subchapter II the following:
``SUBCHAPTER IIA--INTERAGENCY COORDINATION REGARDING PERMITTING
``Sec. 560. Coordination of agency administrative operations for
efficient decisionmaking
``(a) Congressional Declaration of Purpose.--The purpose of this
subchapter is to establish a framework and procedures to streamline,
increase the efficiency of, and enhance coordination of agency
administration of the regulatory review, environmental decisionmaking,
and permitting process for projects undertaken, reviewed, or funded by
Federal agencies. This subchapter will ensure that agencies administer
the regulatory process in a manner that is efficient so that citizens
are not burdened with regulatory excuses and time delays.
``(b) Definitions.--For purposes of this subchapter, the term--
``(1) `agency' means any agency, department, or other unit
of Federal, State, local, or Indian tribal government;
``(2) `category of projects' means 2 or more projects
related by project type, potential environmental impacts,
geographic location, or another similar project feature or
characteristic;
``(3) `environmental assessment' means a concise public
document for which a Federal agency is responsible that serves
to--
``(A) briefly provide sufficient evidence and
analysis for determining whether to prepare an
environmental impact statement or a finding of no
significant impact;
``(B) aid an agency's compliance with NEPA when no
environmental impact statement is necessary; and
``(C) facilitate preparation of an environmental
impact statement when one is necessary;
``(4) `environmental impact statement' means the detailed
statement of significant environmental impacts required to be
prepared under NEPA;
``(5) `environmental review' means the Federal agency
procedures for preparing an environmental impact statement,
environmental assessment, categorical exclusion, or other
document under NEPA;
``(6) `environmental decisionmaking process' means the
Federal agency procedures for undertaking and completion of any
environmental permit, decision, approval, review, or study
under any Federal law other than NEPA for a project subject to
an environmental review;
``(7) `environmental document' means an environmental
assessment or environmental impact statement, and includes any
supplemental document or document prepared pursuant to a court
order;
``(8) `finding of no significant impact' means a document
by a Federal agency briefly presenting the reasons why a
project, not otherwise subject to a categorical exclusion, will
not have a significant effect on the human environment and for
which an environmental impact statement therefore will not be
prepared;
``(9) `lead agency' means the Federal agency preparing or
responsible for preparing the environmental document;
``(10) `NEPA' means the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
``(11) `project' means major Federal actions that are
construction activities undertaken with Federal funds or that
are construction activities that require approval by a permit
or regulatory decision issued by a Federal agency;
``(12) `project sponsor' means the agency or other entity,
including any private or public-private entity, that seeks
approval for a project or is otherwise responsible for
undertaking a project; and
``(13) `record of decision' means a document prepared by a
lead agency under NEPA following an environmental impact
statement that states the lead agency's decision, identifies
the alternatives considered by the agency in reaching its
decision and states whether all practicable means to avoid or
minimize environmental harm from the alternative selected have
been adopted, and if not, why they were not adopted.
``(c) Preparation of Environmental Documents.--Upon the request of
the lead agency, the project sponsor shall be authorized to prepare any
document for purposes of an environmental review required in support of
any project or approval by the lead agency if the lead agency furnishes
oversight in such preparation and independently evaluates such document
and the document is approved and adopted by the lead agency prior to
taking any action or making any approval based on such document.
``(d) Adoption and Use of Documents.--
``(1) Documents prepared under nepa.--
``(A) Not more than 1 environmental impact
statement and 1 environmental assessment shall be
prepared under NEPA for a project (except for
supplemental environmental documents prepared under
NEPA or environmental documents prepared pursuant to a
court order), and, except as otherwise provided by law,
the lead agency shall prepare the environmental impact
statement or environmental assessment. After the lead
agency issues a record of decision, no Federal agency
responsible for making any approval for that project
may rely on a document other than the environmental
document prepared by the lead agency.
``(B) Upon the request of a project sponsor, a lead
agency may adopt, use, or rely upon secondary and
cumulative impact analyses included in any
environmental document prepared under NEPA for projects
in the same geographic area where the secondary and
cumulative impact analyses provide information and data
that pertains to the NEPA decision for the project
under review.
``(2) State environmental documents; supplemental
documents.--
``(A) Upon the request of a project sponsor, a lead
agency may adopt a document that has been prepared for
a project under State laws and procedures as the
environmental impact statement or environmental
assessment for the project, provided that the State
laws and procedures under which the document was
prepared provide environmental protection and
opportunities for public involvement that are
substantially equivalent to NEPA.
``(B) An environmental document adopted under
subparagraph (A) is deemed to satisfy the lead agency's
obligation under NEPA to prepare an environmental
impact statement or environmental assessment.
``(C) In the case of a document described in
subparagraph (A), during the period after preparation
of the document but before its adoption by the lead
agency, the lead agency shall prepare and publish a
supplement to that document if the lead agency
determines that--
``(i) a significant change has been made to
the project that is relevant for purposes of
environmental review of the project; or
``(ii) there have been significant changes
in circumstances or availability of information
relevant to the environmental review for the
project.
``(D) If the agency prepares and publishes a
supplemental document under subparagraph (C), the lead
agency may solicit comments from agencies and the
public on the supplemental document for a period of not
more than 45 days beginning on the date of the
publication of the supplement.
``(E) A lead agency shall issue its record of
decision or finding of no significant impact, as
appropriate, based upon the document adopted under
subparagraph (A), and any supplements thereto.
``(3) Contemporaneous projects.--If the lead agency
determines that there is a reasonable likelihood that the
project will have similar environmental impacts as a similar
project in geographical proximity to the project, and that
similar project was subject to environmental review or similar
State procedures within the 5-year period immediately preceding
the date that the lead agency makes that determination, the
lead agency may adopt the environmental document that resulted
from that environmental review or similar State procedure. The
lead agency may adopt such an environmental document, if it is
prepared under State laws and procedures only upon making a
favorable determination on such environmental document pursuant
to paragraph (2)(A).
``(e) Participating Agencies.--
``(1) In general.--The lead agency shall be responsible for
inviting and designating participating agencies in accordance
with this subsection. The lead agency shall provide the
invitation or notice of the designation in writing.
``(2) Federal participating agencies.--Any Federal agency
that is required to adopt the environmental document of the
lead agency for a project shall be designated as a
participating agency and shall collaborate on the preparation
of the environmental document, unless the Federal agency
informs the lead agency, in writing, by a time specified by the
lead agency in the designation of the Federal agency that the
Federal agency--
``(A) has no jurisdiction or authority with respect
to the project;
``(B) has no expertise or information relevant to
the project; and
``(C) does not intend to submit comments on the
project.
``(3) Invitation.--The lead agency shall identify, as early
as practicable in the environmental review for a project, any
agencies other than an agency described in paragraph (2) that
may have an interest in the project, including, where
appropriate, Governors of affected States, and heads of
appropriate tribal and local (including county) governments,
and shall invite such identified agencies and officials to
become participating agencies in the environmental review for
the project. The invitation shall set a deadline of 30 days for
responses to be submitted, which may only be extended by the
lead agency for good cause shown. Any agency that fails to
respond prior to the deadline shall be deemed to have declined
the invitation.
``(4) Effect of declining participating agency
invitation.--Any agency that declines a designation or
invitation by the lead agency to be a participating agency
shall be precluded from submitting comments on any document
prepared under NEPA for that project or taking any measures to
oppose, based on the environmental review, any permit, license,
or approval related to that project.
``(5) Effect of designation.--Designation as a
participating agency under this subsection does not imply that
the participating agency--
``(A) supports a proposed project; or
``(B) has any jurisdiction over, or special
expertise with respect to evaluation of, the project.
``(6) Cooperating agency.--A participating agency may also
be designated by a lead agency as a `cooperating agency' under
the regulations contained in part 1500 of title 40, Code of
Federal Regulations, as in effect on January 1, 2011.
Designation as a cooperating agency shall have no effect on
designation as participating agency. No agency that is not a
participating agency may be designated as a cooperating agency.
``(7) Concurrent reviews.--Each Federal agency shall--
``(A) carry out obligations of the Federal agency
under other applicable law concurrently and in
conjunction with the review required under NEPA; and
``(B) in accordance with the rules made by the
Council on Environmental Quality pursuant to subsection
(n)(1), make and carry out such rules, policies, and
procedures as may be reasonably necessary to enable the
agency to ensure completion of the environmental review
and environmental decisionmaking process in a timely,
coordinated, and environmentally responsible manner.
``(8) Comments.--Each participating agency shall limit its
comments on a project to areas that are within the authority
and expertise of such participating agency. Each participating
agency shall identify in such comments the statutory authority
of the participating agency pertaining to the subject matter of
its comments. The lead agency shall not act upon, respond to or
include in any document prepared under NEPA, any comment
submitted by a participating agency that concerns matters that
are outside of the authority and expertise of the commenting
participating agency.
``(f) Project Initiation Request.--
``(1) Notice.--A project sponsor shall provide the Federal
agency responsible for undertaking a project with notice of the
initiation of the project by providing a description of the
proposed project, the general location of the proposed project,
and a statement of any Federal approvals anticipated to be
necessary for the proposed project, for the purpose of
informing the Federal agency that the environmental review
should be initiated.
``(2) Lead agency initiation.--The agency receiving a
project initiation notice under paragraph (1) shall promptly
identify the lead agency for the project, and the lead agency
shall initiate the environmental review within a period of 45
days after receiving the notice required by paragraph (1) by
inviting or designating agencies to become participating
agencies, or, where the lead agency determines that no
participating agencies are required for the project, by taking
such other actions that are reasonable and necessary to
initiate the environmental review.
``(g) Alternatives Analysis.--
``(1) Participation.--As early as practicable during the
environmental review, but no later than during scoping for a
project requiring the preparation of an environmental impact
statement, the lead agency shall provide an opportunity for
involvement by cooperating agencies in determining the range of
alternatives to be considered for a project.
``(2) Range of alternatives.--Following participation under
paragraph (1), the lead agency shall determine the range of
alternatives for consideration in any document which the lead
agency is responsible for preparing for the project, subject to
the following limitations:
``(A) No evaluation of certain alternatives.--No
Federal agency shall evaluate any alternative that was
identified but not carried forward for detailed
evaluation in an environmental document or evaluated
and not selected in any environmental document prepared
under NEPA for the same project.
``(B) Only feasible alternatives evaluated.--Where
a project is being constructed, managed, funded, or
undertaken by a project sponsor that is not a Federal
agency, Federal agencies shall only be required to
evaluate alternatives that the project sponsor could
feasibly undertake, consistent with the purpose of and
the need for the project, including alternatives that
can be undertaken by the project sponsor and that are
technically and economically feasible.
``(3) Methodologies.--
``(A) In general.--The lead agency shall determine,
in collaboration with cooperating agencies at
appropriate times during the environmental review, the
methodologies to be used and the level of detail
required in the analysis of each alternative for a
project. The lead agency shall include in the
environmental document a description of the
methodologies used and how the methodologies were
selected.
``(B) No evaluation of inappropriate
alternatives.--When a lead agency determines that an
alternative does not meet the purpose and need for a
project, that alternative is not required to be
evaluated in detail in an environmental document.
``(4) Preferred alternative.--At the discretion of the lead
agency, the preferred alternative for a project, after being
identified, may be developed to a higher level of detail than
other alternatives in order to facilitate the development of
mitigation measures or concurrent compliance with other
applicable laws if the lead agency determines that the
development of such higher level of detail will not prevent the
lead agency from making an impartial decision as to whether to
accept another alternative which is being considered in the
environmental review.
``(5) Employment analysis.--The evaluation of each
alternative in an environmental impact statement or an
environmental assessment shall identify the potential effects
of the alternative on employment, including potential short-
term and long-term employment increases and reductions and
shifts in employment.
``(h) Coordination and Scheduling.--
``(1) Coordination plan.--
``(A) In general.--The lead agency shall establish
and implement a plan for coordinating public and agency
participation in and comment on the environmental
review for a project or category of projects to
facilitate the expeditious resolution of the
environmental review.
``(B) Schedule.--
``(i) In general.--The lead agency shall
establish as part of the coordination plan for
a project, after consultation with each
participating agency and, where applicable, the
project sponsor, a schedule for completion of
the environmental review. The schedule shall
include deadlines, consistent with subsection
(i), for decisions under any other Federal laws
(including the issuance or denial of a permit
or license) relating to the project that is
covered by the schedule.
``(ii) Factors for consideration.--In
establishing the schedule, the lead agency
shall consider factors such as--
``(I) the responsibilities of
participating agencies under applicable
laws;
``(II) resources available to the
participating agencies;
``(III) overall size and complexity
of the project;
``(IV) overall schedule for and
cost of the project;
``(V) the sensitivity of the
natural and historic resources that
could be affected by the project; and
``(VI) the extent to which similar
projects in geographic proximity were
recently subject to environmental
review or similar State procedures.
``(iii) Compliance with the schedule.--
``(I) All participating agencies
shall comply with the time periods
established in the schedule or with any
modified time periods, where the lead
agency modifies the schedule pursuant
to subparagraph (D).
``(II) The lead agency shall
disregard and shall not respond to or
include in any document prepared under
NEPA, any comment or information
submitted or any finding made by a
participating agency that is outside of
the time period established in the
schedule or modification pursuant to
subparagraph (D) for that agency's
comment, submission or finding.
``(III) If a participating agency
fails to object in writing to a lead
agency decision, finding or request for
concurrence within the time period
established under law or by the lead
agency, the agency shall be deemed to
have concurred in the decision, finding
or request.
``(C) Consistency with other time periods.--A
schedule under subparagraph (B) shall be consistent
with any other relevant time periods established under
Federal law.
``(D) Modification.--The lead agency may--
``(i) lengthen a schedule established under
subparagraph (B) for good cause; and
``(ii) shorten a schedule only with the
concurrence of the cooperating agencies.
``(E) Dissemination.--A copy of a schedule under
subparagraph (B), and of any modifications to the
schedule, shall be--
``(i) provided within 15 days of completion
or modification of such schedule to all
participating agencies and to the project
sponsor; and
``(ii) made available to the public.
``(F) Roles and responsibility of lead agency.--
With respect to the environmental review for any
project, the lead agency shall have authority and
responsibility to take such actions as are necessary
and proper, within the authority of the lead agency, to
facilitate the expeditious resolution of the
environmental review for the project.
``(i) Deadlines.--The following deadlines shall apply to any
project subject to review under NEPA and any decision under any Federal
law relating to such project (including the issuance or denial of a
permit or license or any required finding):
``(1) Environmental review deadlines.--The lead agency
shall complete the environmental review within the following
deadlines:
``(A) Environmental impact statement projects.--For
projects requiring preparation of an environmental
impact statement--
``(i) the lead agency shall issue an
environmental impact statement within 2 years
after the earlier of the date the lead agency
receives the project initiation request or a
Notice of Intent to Prepare an Environmental
Impact Statement is published in the Federal
Register; and
``(ii) in circumstances where the lead
agency has prepared an environmental assessment
and determined that an environmental impact
statement will be required, the lead agency
shall issue the environmental impact statement
within 2 years after the date of publication of
the Notice of Intent to Prepare an
Environmental Impact Statement in the Federal
Register.
``(B) Environmental assessment projects.--For
projects requiring preparation of an environmental
assessment, the lead agency shall issue a finding of no
significant impact or publish a Notice of Intent to
Prepare an Environmental Impact Statement in the
Federal Register within 1 year after the earlier of the
date the lead agency receives the project initiation
request, makes a decision to prepare an environmental
assessment, or sends out participating agency
invitations.
``(2) Extensions.--
``(A) Requirements.--The environmental review
deadlines may be extended only if--
``(i) a different deadline is established
by agreement of the lead agency, the project
sponsor, and all participating agencies; or
``(ii) the deadline is extended by the lead
agency for good cause.
``(B) Limitation.--The environmental review shall
not be extended by more than 1 year for a project
requiring preparation of an environmental impact
statement or by more than 180 days for a project
requiring preparation of an environmental assessment.
``(3) Environmental review comments.--
``(A) Comments on draft environmental impact
statement.--For comments by agencies and the public on
a draft environmental impact statement, the lead agency
shall establish a comment period of not more than 60
days after publication in the Federal Register of
notice of the date of public availability of such
document, unless--
``(i) a different deadline is established
by agreement of the lead agency, the project
sponsor, and all participating agencies; or
``(ii) the deadline is extended by the lead
agency for good cause.
``(B) Other comments.--For all other comment
periods for agency or public comments in the
environmental review process, the lead agency shall
establish a comment period of no more than 30 days from
availability of the materials on which comment is
requested, unless--
``(i) a different deadline is established
by agreement of the lead agency, the project
sponsor, and all participating agencies; or
``(ii) the deadline is extended by the lead
agency for good cause.
``(4) Deadlines for decisions under other laws.--
Notwithstanding any other provision of law, in any case in
which a decision under any other Federal law relating to the
undertaking of a project being reviewed under NEPA (including
the issuance or denial of a permit or license) is required to
be made, the following deadlines shall apply:
``(A) Decisions prior to record of decision or
finding of no significant impact.--If a Federal agency
is required to approve, or otherwise to act upon, a
permit, license, or other similar application for
approval related to a project prior to the record of
decision or finding of no significant impact, such
Federal agency shall approve or otherwise act not later
than the end of a 90-day period beginning--
``(i) after all other relevant agency
review related to the project is complete; and
``(ii) after the lead agency publishes a
notice of the availability of the final
environmental impact statement or issuance of
other final environmental documents, or no
later than such other date that is otherwise
required by law, whichever event occurs first.
``(B) Other decisions.--With regard to any approval
or other action related to a project by a Federal
agency that is not subject to subparagraph (A), each
Federal agency shall approve or otherwise act not later
than the end of a period of 180 days beginning--
``(i) after all other relevant agency
review related to the project is complete; and
``(ii) after the lead agency issues the
record of decision or finding of no significant
impact, unless a different deadline is
established by agreement of the Federal agency,
lead agency, and the project sponsor, where
applicable, or the deadline is extended by the
Federal agency for good cause, provided that
such extension shall not extend beyond a period
that is 1 year after the lead agency issues the
record of decision or finding of no significant
impact.
``(C) Failure to act.--In the event that any
Federal agency fails to approve, or otherwise to act
upon, a permit, license, or other similar application
for approval related to a project within the applicable
deadline described in subparagraph (A) or (B), the
permit, license, or other similar application shall be
deemed approved by such agency and the agency shall
take action in accordance with such approval within 30
days of the applicable deadline described in
subparagraph (A) or (B).
``(D) Final agency action.--Any approval under
subparagraph (C) is deemed to be final agency action,
and may not be reversed by any agency. In any action
under chapter 7 seeking review of such a final agency
action, the court may not set aside such agency action
by reason of that agency action having occurred under
this paragraph.
``(j) Issue Identification and Resolution.--
``(1) Cooperation.--The lead agency and the participating
agencies shall work cooperatively in accordance with this
section to identify and resolve issues that could delay
completion of the environmental review or could result in
denial of any approvals required for the project under
applicable laws.
``(2) Lead agency responsibilities.--The lead agency shall
make information available to the participating agencies as
early as practicable in the environmental review regarding the
environmental, historic, and socioeconomic resources located
within the project area and the general locations of the
alternatives under consideration. Such information may be based
on existing data sources, including geographic information
systems mapping.
``(3) Participating agency responsibilities.--Based on
information received from the lead agency, participating
agencies shall identify, as early as practicable, any issues of
concern regarding the project's potential environmental,
historic, or socioeconomic impacts. In this paragraph, issues
of concern include any issues that could substantially delay or
prevent an agency from granting a permit or other approval that
is needed for the project.
``(4) Issue resolution.--
``(A) Meeting of participating agencies.--At any
time upon request of a project sponsor, the lead agency
shall promptly convene a meeting with the relevant
participating agencies and the project sponsor, to
resolve issues that could delay completion of the
environmental review or could result in denial of any
approvals required for the project under applicable
laws.
``(B) Notice that resolution cannot be achieved.--
If a resolution cannot be achieved within 30 days
following such a meeting and a determination by the
lead agency that all information necessary to resolve
the issue has been obtained, the lead agency shall
notify the heads of all participating agencies, the
project sponsor, and the Council on Environmental
Quality for further proceedings in accordance with
section 204 of NEPA, and shall publish such
notification in the Federal Register.
``(k) Limitation on Use of Social Cost of Carbon.--
``(1) In general.--In the case of any environmental review
or environmental decisionmaking process, a lead agency may not
use the social cost of carbon.
``(2) Definition.--In this subsection, the term `social
cost of carbon' means the social cost of carbon as described in
the technical support document entitled `Technical Support
Document: Technical Update of the Social Cost of Carbon for
Regulatory Impact Analysis Under Executive Order No. 12866',
published by the Interagency Working Group on Social Cost of
Carbon, United States Government, in May 2013, revised in
November 2013, or any successor thereto or substantially
related document, or any other estimate of the monetized
damages associated with an incremental increase in carbon
dioxide emissions in a given year.
``(l) Report to Congress.--The head of each Federal agency shall
report annually to Congress--
``(1) the projects for which the agency initiated
preparation of an environmental impact statement or
environmental assessment;
``(2) the projects for which the agency issued a record of
decision or finding of no significant impact and the length of
time it took the agency to complete the environmental review
for each such project;
``(3) the filing of any lawsuits against the agency seeking
judicial review of a permit, license, or approval issued by the
agency for an action subject to NEPA, including the date the
complaint was filed, the court in which the complaint was
filed, and a summary of the claims for which judicial review
was sought; and
``(4) the resolution of any lawsuits against the agency
that sought judicial review of a permit, license, or approval
issued by the agency for an action subject to NEPA.
``(m) Limitations on Claims.--
``(1) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review
of a permit, license, or approval issued by a Federal agency
for an action subject to NEPA shall be barred unless--
``(A) in the case of a claim pertaining to a
project for which an environmental review was conducted
and an opportunity for comment was provided, the claim
is filed by a party that submitted a comment during the
environmental review on the issue on which the party
seeks judicial review, and such comment was
sufficiently detailed to put the lead agency on notice
of the issue upon which the party seeks judicial
review; and
``(B) filed within 180 days after publication of a
notice in the Federal Register announcing that the
permit, license, or approval is final pursuant to the
law under which the agency action is taken, unless a
shorter time is specified in the Federal law pursuant
to which judicial review is allowed.
``(2) New information.--The preparation of a supplemental
environmental impact statement, when required, is deemed a
separate final agency action and the deadline for filing a
claim for judicial review of such action shall be 180 days
after the date of publication of a notice in the Federal
Register announcing the record of decision for such action. Any
claim challenging agency action on the basis of information in
a supplemental environmental impact statement shall be limited
to challenges on the basis of that information.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to create a right to judicial review or
place any limit on filing a claim that a person has violated
the terms of a permit, license, or approval.
``(n) Categories of Projects.--The authorities granted under this
subchapter may be exercised for an individual project or a category of
projects.
``(o) Effective Date.--The requirements of this subchapter shall
apply only to environmental reviews and environmental decisionmaking
processes initiated after the date of enactment of this subchapter. In
the case of a project for which an environmental review or
environmental decisionmaking process was initiated prior to the date of
enactment of this subchapter, the provisions of subsection (i) shall
apply, except that, notwithstanding any other provision of this
section, in determining a deadline under such subsection, any
applicable period of time shall be calculated as beginning from the
date of enactment of this subchapter.
``(p) Applicability.--Except as provided in subsection (p), this
subchapter applies, according to the provisions thereof, to all
projects for which a Federal agency is required to undertake an
environmental review or make a decision under an environmental law for
a project for which a Federal agency is undertaking an environmental
review.
``(q) Savings Clause.--Nothing in this section shall be construed
to supersede, amend, or modify sections 134, 135, 139, 325, 326, and
327 of title 23, sections 5303 and 5304 of title 49, or subtitle C of
title I of division A of the Moving Ahead for Progress in the 21st
Century Act and the amendments made by such subtitle (Public Law 112-
141).''.
(b) Technical Amendment.--The table of sections for chapter 5 of
title 5, United States Code, is amended by inserting after the items
relating to subchapter II the following:
``subchapter iia--interagency coordination regarding permitting
``560. Coordination of agency administrative operations for efficient
decisionmaking.''.
(c) Regulations.--
(1) Council on environmental quality.--Not later than 180
days after the date of enactment of this division, the Council
on Environmental Quality shall amend the regulations contained
in part 1500 of title 40, Code of Federal Regulations, to
implement the provisions of this division and the amendments
made by this division, and shall by rule designate States with
laws and procedures that satisfy the criteria under section
560(d)(2)(A) of title 5, United States Code.
(2) Federal agencies.--Not later than 120 days after the
date that the Council on Environmental Quality amends the
regulations contained in part 1500 of title 40, Code of Federal
Regulations, to implement the provisions of this division and
the amendments made by this division, each Federal agency with
regulations implementing the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) shall amend such regulations
to implement the provisions of this division.
<all>
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Rules Committee Resolution H. Res. 727 Reported to House. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Resolution provides that each bill may be debatable for 2 hours, equally divided and controlled by the chair and ranking member of their respective committees. The bills shall be considered as read, all points of order agains the provisions of the bill are waived, and each bill is provided with one motion to recommit.
Mr. Hastings (WA) asked unanimous consent that the question of adopting a motion to recommit on H.R. 2 may be subject to postponement as though under clause 8 of rule 20. Agreed to without objection.
Considered under the provisions of rule H. Res. 727. (consideration: CR H7819-7854)
Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Resolution provides that each bill may be debatable for 2 hours, equally divided and controlled by the chair and ranking member of their respective committees. The bills shall be considered as read, all points of order agains the provisions of the bill are waived, and each bill is provided with one motion to recommit.
DEBATE - The House proceeded with two hours of debate on H.R. 2.
The previous question was ordered pursuant to the rule. (consideration: CR H7853)
Mr. Schneider moved to recommit with instructions to the Committee on Natural Resources. (consideration: CR H7853-7854; text: CR H7853)
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DEBATE - The House proceeded with 10 minutes of debate on the Schneider motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a new division at the end of the bill. The new division contains provisions to police excessive speculation in energy markets, protect national security, and prohibit expedited permitting for corporations that relase toxic air pollutants from petroleum coke.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7854)
POSTPONED PROCEEDINGS - At the conclusion of debate on the motion to recommit, the Chair put the question on the motion and by voice vote, announced that the ayes had prevailed. Mr. Schneider demanded the yeas and nays and pursuant to the order of the House of September 18, 2014, the Chair announced that further proceedings would be postponed.
Considered as unfinished business. (consideration: CR H7859-7860)
On motion to recommit with instructions Failed by the Yeas and Nays: 193 - 222 (Roll no. 514).
Roll Call #514 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 226 - 191 (Roll no. 515).(text: CR H7819-7841)
Roll Call #515 (House)Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by the Yeas and Nays: 226 - 191 (Roll no. 515). (text: CR H7819-7841)
Roll Call #515 (House)Referred to the Subcommittee on Energy and Power.
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. 601.