H.R. 3895 — EXPAND Act

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3895 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3895

To renew America's founding principles by freeing Americans to produce 
more energy in the United States from all sources and contribute to the 
 strength of American national security through North American energy 
                             independence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2014

 Mr. Duncan of South Carolina (for himself, Mr. Roe of Tennessee, Mr. 
 Westmoreland, Mr. Wilson of South Carolina, Mr. Radel, Mr. Mulvaney, 
 Mr. Williams, Mr. Gingrey of Georgia, Mrs. Black, Mr. McClintock, Mr. 
Gowdy, Mr. Weber of Texas, Mr. Poe of Texas, Mr. Kingston, Mr. Broun of 
   Georgia, Mr. Graves of Georgia, Mr. Gohmert, Mr. Rokita, and Mr. 
  Stutzman) 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, Ways and Means, 
Agriculture, Armed Services, and Oversight and Government Reform, 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 renew America's founding principles by freeing Americans to produce 
more energy in the United States from all sources and contribute to the 
 strength of American national security through North American energy 
                             independence.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Exploration and Production to 
Achieve National Demand Act'' or the ``EXPAND Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is the following:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and purposes.
Sec. 4. Statement of policy.
Sec. 5. Definitions.
            TITLE I--DEVELOPMENT OF FEDERAL ENERGY RESOURCES

         Subtitle A--Oil and Gas Leasing in the Gulf of Mexico

Sec. 101. Leasing in the Eastern Gulf of Mexico.
Sec. 102. Extension of deepwater oil and natural gas leases in Gulf of 
                            Mexico.
Subtitle B--Scheduled Leasing, Exploration, and Development of Oil and 
           Natural Gas in the Federal Outer Continental Shelf

Sec. 121. Expanded outer Continental Shelf lease sales.
Sec. 122. Geological and geophysical activities in expanded leasing 
                            areas.
Sec. 123. Payments from areas newly available to leasing.
Sec. 124. Definitions under the Outer Continental Shelf Lands Act.
Sec. 125. Determination of adjacent zones and planning areas.
 Subtitle C--Leasing, Exploration, and Development of Oil and Natural 
        Gas Resources in Portions of the Coastal Plain of Alaska

Sec. 131. Establishment of leasing program for Coastal Plain.
Sec. 132. Conduct of leasing program.
Sec. 133. Federal and State distribution of revenues.
Sec. 134. Rights-of-way across the Coastal Plain.
Sec. 135. Conveyance.
 Subtitle D--State Control of Energy Development and Production on All 
                         Available Federal Land

Sec. 141. Short title.
Sec. 142. State control of energy development and production on all 
                            available Federal land.
Subtitle E--Prohibition on New Wilderness or Wilderness Study Areas on 
 Lands Administered by the BLM Without Congressional Approval; Indian 
                            Land Development

Sec. 151. Repeal of Executive order.
Sec. 152. Wilderness designation procedures.
Sec. 153. Future executive branch actions.
Sec. 154. Leases for development of natural resources on Indian lands.
   Subtitle F--Legal Causes and Claims Pertaining to the Leasing and 
  Development of Federal Lands for Exploration and Production of Oil, 
          Natural Gas, Associated Hydrocarbons, and Oil Shale

Sec. 161. Oil shale, tar sands, and other strategic unconventional 
                            fuels.
Sec. 162. Energy production on Federal lands.
Sec. 163. Jurisdiction.
Sec. 164. Judicial review.
Sec. 165. Time for filing petition for judicial review; standing, 
                            filing of record.
Sec. 166. Limitation on scope of review and relief.
Sec. 167. Exclusion.
    Subtitle G--Development of Solar and Wind Energy on Public Land

Sec. 171. Definitions.
Sec. 172. Programmatic environmental impact statements and land use 
                            planning.
Sec. 173. Development of solar and wind energy on public land.
Sec. 174. Disposition of revenues.
                  Subtitle H--Miscellaneous Provisions

Sec. 181. Military operations.
Sec. 182. Environmental sensitivity analysis under the program.
Sec. 183. Validity of existing leases.
Sec. 184. Integrity of lease sales and leasing schedule.
Sec. 185. Authority to conduct offshore drilling under approved 
                            permits.
Sec. 186. Time requirement to act on oil and natural gas drilling 
                            permits.
Sec. 187. Timely issuance of onshore oil and gas leases.
Sec. 188. State auditing.
                TITLE II--CONTINENTAL PIPELINE APPROVAL

Sec. 201. Keystone XL permit approval.
Sec. 202. Judicial review.
Sec. 203. American burying beetle.
Sec. 204. Right-of-way and temporary use permit.
Sec. 205. Permits for activities in navigable waters.
Sec. 206. Migratory Bird Treaty Act permit.
Sec. 207. Oil spill response plan disclosure.
              TITLE III--RADIOLOGICAL MATERIAL REPOSITORY

Sec. 301. Radiological material repository.
     TITLE IV--RELIEF FROM REGULATIONS AND PROHIBITIONS THAT CAUSE 
                       ARTIFICIAL PRICE INCREASES

Sec. 401. Endangered Species Act of 1973 reform.
Sec. 402. Repeal of EPA climate change regulation.
Sec. 403. Repeal of Federal ban on synthetic fuels purchasing 
                            requirement.
Sec. 404. Repeal of ethanol mandates.
                        TITLE V--REFINERY REFORM

Sec. 501. Refinery permitting process.
Sec. 502. Existing refinery permit application deadline.
Sec. 503. New refining capacity on closed military installations.
                TITLE VI--REPEAL OF ENERGY TAX SUBSIDIES

Sec. 600. Amendment of 1986 code.
Sec. 601. Corporate and Individual income tax rates reduced.
Sec. 602. Repeal of credit for alcohol fuel, biodiesel, and alternative 
                            fuel mixtures.
Sec. 603. Repeal of credit for certain plug-in electric vehicles.
Sec. 604. Early termination of credit for qualified fuel cell motor 
                            vehicles.
Sec. 605. Repeal of alternative fuel vehicle refueling property credit.
Sec. 606. Repeal of credit for alcohol used as fuel.
Sec. 607. Repeal of credit for biodiesel and renewable diesel used as 
                            fuel.
Sec. 608. Repeal of enhanced oil recovery credit.
Sec. 609. Termination of credit for electricity produced from certain 
                            renewable resources.
Sec. 610. Repeal of credit for producing oil and gas from marginal 
                            wells.
Sec. 611. Termination of credit for production from advanced nuclear 
                            power facilities.
Sec. 612. Repeal of credit for carbon dioxide sequestration.
Sec. 613. Termination of energy credit.
Sec. 614. Repeal of qualifying advanced coal project.
Sec. 615. Repeal of qualifying gasification project credit.
Sec. 616. Repeal of American Recovery and Reinvestment Act of 2009 
                            energy grant program.
Sec. 617. Election to expense property used in the production of 
                            energy.
                      TITLE VII--REGULATORY RELIEF

Sec. 701. Legislative stay.
Sec. 702. Compliance dates.
Sec. 703. Energy recovery and conservation.
Sec. 704. Other provisions.
Sec. 705. Management and disposal of coal combustion residuals.
Sec. 706. Prohibition on use of social cost of carbon in analysis.
Sec. 707. Clarification of legal enforcement against noncriminal energy 
                            producers.
    TITLE VIII--ATTAINMENT OF NATIONAL AMBIENT AIR QUALITY STANDARDS

Sec. 801. Air quality monitoring and modeling methodologies.
Sec. 802. Extending compliance for NAAQS attainment for downwind 
                            States.
       TITLE IX--SUB-BASIN REPORTING OF GREENHOUSE GAS EMISSIONS

Sec. 901. Sub-basin reporting of greenhouse gas emissions.
            TITLE X--IMPLEMENTATION OF NATIONAL OCEAN POLICY

Sec. 1001. Prohibition on use of funds.
                       TITLE XI--OTHER PROVISIONS

Sec. 1101. Administrative record.
Sec. 1102. Statement of energy effects.
Sec. 1103. Priority-Energy Project permit duration.
                    TITLE XII--FUTURE NUCLEAR ENERGY

Sec. 1201. Short title.
Sec. 1202. Public health and safety.
Sec. 1203. Streamlining Combined Construction and Operating License.
Sec. 1204. Reactor design certification.
Sec. 1205. Technology neutral plant design specifications.
Sec. 1206. Additional funding and personnel resources.
Sec. 1207. Next Generation Nuclear Power Plant.
Sec. 1208. Uranium mining on Federal lands.

SEC. 3. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the Constitution of the United States invests in 
        Congress the authority to manage Federal lands and the natural 
        resources contained within them;
            (2) the natural resources contained within lands owned by 
        the Federal Government are ultimately owned by the people, and 
        can be explored and developed by them in their pursuit of 
        happiness to fuel the American way of life;
            (3) the United States spends over $1,000,000,000 per day to 
        import crude oil from foreign countries, representing the 
        largest wealth transfer in history;
            (4) the domestic oil and natural gas industry is 
        responsible for approximately 9.2 million jobs;
            (5) the United States has substantial undeveloped oil and 
        natural gas resources underlying Federal lands;
            (6) multiple legal challenges relating to the leasing, 
        exploration, and development of Federal lands can significantly 
        delay and even prevent these desperately needed oil and natural 
        gas resources from reaching the American public;
            (7) expedited and focused judicial review of legal 
        challenges to proposed oil and natural gas development 
        activities is necessary to ensure that additional American oil 
        and natural gas resources are made available without undue 
        delay to American consumers;
            (8) the approximately 43 million leased outer Continental 
        Shelf acres currently account for about 15 percent of the 
        United States domestic natural gas production and about 27 
        percent of the United States domestic oil production;
            (9) the leasing of these domestic offshore areas for oil 
        and natural gas development provides significant economic 
        benefits to the Federal Government, as well as to States and 
        localities, through the creation and sustenance of jobs and 
        domestic product;
            (10) the Federal Government distributed over 
        $10,000,000,000 to Federal, State and Indian accounts from 
        energy production during fiscal year 2009, primarily from oil 
        and natural gas production;
            (11) the outer Continental Shelf is a vital national 
        resource reserve held by the Federal Government for the public, 
        which should be made available for expeditious and orderly 
        development, subject to environmental safeguards, in a manner 
        that is consistent with the maintenance of competition and 
        other national needs;
            (12) Executive Order 13563 on Improving Regulation and 
        Regulatory Review, issued on January 18, 2011, requires that to 
        the extent permitted by law, each agency must, among other 
        things--
                    (A) propose or adopt a regulation only upon a 
                reasoned determination that its benefits justify its 
                costs (recognizing that some benefits and costs are 
                difficult to quantify);
                    (B) tailor its regulations to impose the least 
                burden on society, consistent with obtaining regulatory 
                objectives, taking into account, among other things, 
                and to the extent practicable, the costs of cumulative 
                regulations;
                    (C) select, in choosing among alternative 
                regulatory approaches, those approaches that maximize 
                net benefits (including potential economic, 
                environmental, public health and safety, and other 
                advantages; distributive impacts; and equity);
                    (D) to the extent feasible, specify performance 
                objectives, rather than specifying the behavior or 
                manner of compliance that regulated entities must 
                adopt; and
                    (E) identify and assess available alternatives to 
                direct regulation, including providing economic 
                incentives to encourage the desired behavior, such as 
                user fees or marketable permits, or providing 
                information upon which choices can be made by the 
                public;
            (13) Executive Order 13547 on Stewardship of the Ocean, Our 
        Coasts, and the Great Lakes, issued on July 19, 2010, provides 
        for the development of coastal and marine spatial plans (CMSP) 
        that build upon and improve existing Federal, State, tribal, 
        local, and regional decisionmaking and planning processes;
            (14) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
        et seq.) already provides a comprehensive and complete 
        framework for undertaking oil and gas activities within the 
        framework of a CMSP-based program;
            (15) through the Outer Continental Shelf Lands Act, 
        Congress has already established the process for development of 
        coastal and marine spatial plans for oil and gas leasing and 
        other authorizations, and it is not necessary to create a new 
        regulatory regime as this would go against the Executive order;
            (16) the Coastal Plain of Alaska is an important potential 
        new source of domestic oil and gas production;
            (17) the delivery of oil from Alberta, Canada, to domestic 
        markets in the United States is in the national interest of the 
        United States, and the earliest possible completion of the 
        Keystone XL pipeline will best serve the national interest;
            (18) there are 103 nuclear reactors currently operating in 
        the United States, providing 20 percent of the electricity of 
        the United States, slightly less than the electricity generated 
        by natural gas;
            (19) nuclear energy is the largest provider of clean, low-
        carbon electricity, almost 8 times larger than all renewable 
        power production combined, excluding hydroelectric power;
            (20) nuclear power is responsible for 72 percent of 
        emission-free electricity production in the United States;
            (21) nuclear power plants virtually eliminate emissions of 
        greenhouse gases and criteria pollutants associated with acid 
        rain, smog, or ozone;
            (22) nuclear energy supplies consistent, baseload 
        electricity, independent of environmental conditions;
            (23) between 1960 and 1980, the Nuclear Regulatory 
        Commission issued 169 permits to construct nuclear power 
        facilities;
            (24) even if every nuclear power plant is granted a 20-year 
        extension, all currently operating nuclear power plants will be 
        retired by 2055;
            (25) long lead times for nuclear power plant licensing, 
        permitting, and construction indicate that action to stimulate 
        the nuclear power industry should not be delayed;
            (26) there are 17 combined operating license applications 
        currently pending before the Nuclear Regulatory Commission for 
        26 new reactors in the United States, with 4 applications 
        inactive due to regulatory uncertainty;
            (27) those proposed reactors will use the latest in nuclear 
        technology for efficiency and safety, more advanced than the 
        technology of the 1960s and 1970s found in the reactors 
        currently operating in the United States;
            (28) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
        et seq.) requires the Federal Government to take ownership of 
        high-level radioactive waste and spent nuclear fuel and build a 
        permanent geologic repository in which to store such waste;
            (29) the Nuclear Waste Policy Act of 1982, as amended in 
        1987, selected the Yucca Mountain site to be the sole geologic 
        repository in which to store high-level radioactive waste and 
        spent nuclear fuel;
            (30) the Congress reaffirmed Yucca Mountain as the sole 
        candidate site for a geologic repository in 2001;
            (31) despite such laws, the Government has failed to accept 
        high-level radioactive waste and spent nuclear fuel from 
        utilities and has delayed construction of the Yucca Mountain 
        repository;
            (32) failure to accept high-level radioactive waste and 
        spent nuclear fuel has led to more than 74 lawsuits filed by 
        utilities against the Government, $1,000,000,000 in settlements 
        being paid, and an estimated $16,200,000,000 in potential 
        liabilities to settle remaining lawsuits;
            (33) each year the Government refuses to accept high-level 
        radioactive waste and spent nuclear fuel adds an estimated 
        $500,000,000 in additional liabilities associated with future 
        lawsuits;
            (34) the failure of the Federal Government to accept high-
        level radioactive waste and spent nuclear fuel from utilities 
        is a significant barrier to the future development of 
        additional nuclear power;
            (35) the United States has 58,000 tons of radiological 
        material stored at more than 100 sites in 39 States;
            (36) the 103 commercial nuclear reactors operating in the 
        United States produce approximately 2,000 tons of spent nuclear 
        fuel every year;
            (37) the Yucca Mountain repository's capacity is 
        statutorily limited to 70,000 tons of waste but can safely hold 
        120,000 tons;
            (38) operators who have paid into the Nuclear Waste Fund 
        have been denied access to permanent storage of radiological 
        material as promised by the Federal Government;
            (39) permanent geologic storage capacity is a finite 
        resource on which the industry depends; and
            (40) operators have the technical expertise to develop new 
        and more efficient processes of disposing of new radiological 
        material, including finding repositories in addition to Yucca 
        Mountain.
    (b) Purposes.--The purposes of this Act are to--
            (1) apply our founding principles as outlined in the 
        Declaration of Independence and Constitution to restore the 
        individual's right to life, liberty, and the pursuit of 
        happiness by restoring a true all-of-the-above, free market, 
        all-American energy market in the United States;
            (2) promote expansion of domestic employment opportunities 
        through energy development on Federal lands and through less 
        intrusive government on private lands;
            (3) respond to the Nation's increased demand for domestic 
        energy resources, including oil and natural gas resources;
            (4) support the utilization of the outer Continental Shelf 
        for oil and gas production and transmission;
            (5) confirm and ensure the validity of oil and gas leases 
        issued under the Final Outer Continental Shelf Oil and Gas 
        Leasing Program, 2012-2017;
            (6) ensure the continued leasing of outer Continental Shelf 
        areas pursuant to the Final Outer Continental Shelf Oil and Gas 
        Leasing Program, 2012-2017;
            (7) facilitate interagency coordination and cooperation in 
        the processing of permits required to support oil and gas use 
        authorization on Federal lands, both onshore and on the outer 
        Continental Shelf, in order to achieve greater consistency, 
        certainty, and timeliness in permit processing requirements;
            (8) promote process streamlining and increased interagency 
        efficiency, including elimination of interagency duplication of 
        effort;
            (9) improve information sharing among agencies and 
        understanding of respective agency roles and responsibilities;
            (10) promote coordination with State agencies with 
        expertise and responsibilities related to Federal oil and gas 
        permitting decisions, and balance Federal interests with the 
        interests and well-being of State and local communities;
            (11) promote responsible stewardship of Federal oil and gas 
        resources;
            (12) maintain high standards of safety and environmental 
        protection; and
            (13) enhance the benefits to Federal permitting already 
        occurring as a result of a coordinated and timely interagency 
        process for oil and gas permit review for certain Federal oil 
        and gas leases.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States to apply the principles of 
individual liberty contained within the Declaration of Independence and 
Constitution for the restoration of a true all-of-the-above, free 
market, all-American energy strategy by reducing or eliminating 
financial, regulatory, and technical barriers to energy exploration and 
production.

SEC. 5. DEFINITIONS.

    For purposes of this Act--
            (1) Act.--The term ``Act'' means the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1331 et seq.).
            (2) Authorizing leasing statute.--The term ``authorizing 
        leasing statute'' means the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1331 et seq.), the Mineral Leasing Act (30 U.S.C. 
        181 et seq.), the Mineral Leasing Act for Acquired Lands (30 
        U.S.C. 351 et seq.), and any other law authorizing the use or 
        disposition of Federal lands for oil and gas production or 
        transmission.
            (3) Coastal plain.--The term ``Coastal Plain'' means that 
        area described in appendix I to part 37 of title 50, Code of 
        Federal Regulations.
            (4) Covered oil and natural gas activity.--The term 
        ``covered oil and natural gas activity'' means--
                    (A) the leasing or other disposition of any lands 
                pursuant to an authorizing leasing statute for the 
                exploration, development, production, processing, or 
                transmission of oil, natural gas, or associated 
                hydrocarbons, and oil shale, including actions or 
                decisions relating to the selection of which lands may 
                or shall be made available for such leasing; and
                    (B) any activity taken or proposed to be taken 
                pursuant or in relation to such leases, including their 
                suspension, and any environmental analyses relating to 
                such activity.
            (5) Other terms.--Any terms used in this Act shall have the 
        meaning such term has in the Act.
            (6) Priority energy project.--The term ``Priority Energy 
        Project'' means a project or facility in the United States 
        whose operation results in the production of a domestic supply 
        of energy or the generation of electricity.
            (7) Priority energy project developer.--The term ``Priority 
        Energy Project Developer'' means a person, organization, or 
        other entity that owns or operates a Priority Energy Project.
            (8) Program.--The term ``program'' means a Final Outer 
        Continental Shelf Oil and Gas Leasing Program issued pursuant 
        to section 18 of the Act (43 U.S.C. 1344).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, unless otherwise indicated.

            TITLE I--DEVELOPMENT OF FEDERAL ENERGY RESOURCES

         Subtitle A--Oil and Gas Leasing in the Gulf of Mexico

SEC. 101. LEASING IN THE EASTERN GULF OF MEXICO.

    (a) Termination of Moratorium.--Section 104 of the Gulf of Mexico 
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) 
is amended by striking subsection (a) and redesignating subsections (b) 
and (c) as subsections (a) and (b), respectively.
    (b) National Defense Area.--Section 12(d) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1341(d)) is amended--
            (1) by striking ``The United States'' and inserting the 
        following:
            ``(1) In general.--The United States''; and
            (2) by adding at the end the following:
            ``(2) Review.--Annually, the Secretary of Defense shall 
        review the areas of the outer Continental Shelf that have been 
        designated as restricted from exploration and operation to 
        determine whether the areas should remain under restriction.''.
    (c) Leasing of Moratorium Areas.--
            (1) Destin dome and pensacola areas.--Within 1 year after 
        the date of the enactment of this Act, the Secretary shall 
        offer for leasing under the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1331 et seq.), the Destin Dome (OPD NH 16-08) and 
        Pensacola (OPD NH 16-05) areas.
            (2) Other areas.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall offer for leasing 
        under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
        seq.), any other areas in the Eastern Gulf of Mexico Planning 
        Area that are made available for leasing pursuant to subsection 
        (a).
            (3) Administration.--The areas described in paragraphs (1) 
        and (2) shall be offered for lease under this section 
        notwithstanding the omission of any of those areas from the 5-
        year leasing program approved by the Secretary under section 18 
        of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) in 
        effect at the time of the lease sale. The Secretary shall 
        include the areas described in paragraphs (1) and (2) in any 5-
        year leasing program approved after the date of enactment of 
        this Act.
    (d) Coastal Zone Management Act of 1972 Review.--The Secretary's 
decision to hold a lease sale for the areas described in section 101(c) 
shall not be subject to consistency review under the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1451 et seq.).

SEC. 102. EXTENSION OF DEEPWATER OIL AND NATURAL GAS LEASES IN GULF OF 
              MEXICO.

    (a) Definition of Covered Lease.--In this section the term 
``covered lease'' means each oil and gas lease for the Gulf of Mexico 
Outer Continental Shelf region issued under section 8(b) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(b)) that was not producing 
as of April 30, 2010.
    (b) Extension of Covered Leases.--The Secretary of the Interior 
shall extend the term of a covered lease by 24 months.
    (c) Minimum Deepwater Well Requirement.--If fewer than 20 
exploration or development wells have been spudded on deepwater leases 
in the Gulf of Mexico within 18 months after the date of enactment of 
this Act, the 24-month period under subsection (b) for deepwater leases 
(water depths of 500 feet or greater) shall be extended by an 
additional 18 months.
    (d) Effect of Extension on Suspensions.--The lease term extension 
under this Act shall be in addition to any lease term suspension either 
granted or directed under section 5(a)(1) of the Act (43 U.S.C. 
1334(a)(1)) prior to or following the date of enactment of this Act.
    (e) Lease Reinstatement.--The Secretary shall reinstate any lease 
subject to subsection (a) that expired between April 30, 2010 and the 
date of enactment of this Act, with a new expiration date as provided 
in subsection (b).

Subtitle B--Scheduled Leasing, Exploration, and Development of Oil and 
           Natural Gas in the Federal Outer Continental Shelf

SEC. 121. EXPANDED OUTER CONTINENTAL SHELF LEASE SALES.

    (a) In General.--Beginning in fiscal year 2015, the Secretary shall 
conduct all lease sales included in Table A of the Draft Proposed Outer 
Continental Shelf Oil and Gas Leasing Program 2010-2015, issued January 
2009. All such lease sales shall be conducted in accordance with this 
section.
    (b) EIS.--The Secretary is deemed to have issued a final 
environmental impact statement for the program described in subsection 
(a) in accordance with all requirements under section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
    (c) Exemption From Consistency Review.--The Secretary's decision to 
hold a lease sale required under this section shall not be subject to 
consistency review under the Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.).
    (d) Leasing Program.--The Secretary shall prepare and make 
available a 2015-2020 Draft Proposed Outer Continental Shelf Oil and 
Gas Leasing Program no later than 1 year after the date of enactment of 
this Act.
    (e) Requirement To Maintain Program.--The Secretary's 
implementation of the requirements of this section shall fulfill the 
requirement under section 19 of the Act (43 U.S.C. 1345) to maintain an 
oil and gas leasing program through June 30, 2015.

SEC. 122. GEOLOGICAL AND GEOPHYSICAL ACTIVITIES IN EXPANDED LEASING 
              AREAS.

    (a) Findings.--The Congress finds that--
            (1) the long-delayed Environmental Impact Statement (EIS) 
        for the conduct of a safe, environmentally protective seismic 
        assessment of the oil and natural gas resources offshore the 
        Atlantic Outer Continental Shelf (OCS) should be completed;
            (2) it has been nearly 2 generations since seismic testing 
        was last conducted along our Eastern Seaboard;
            (3) updated 3-D and 4-D technology revealed about 500 
        percent more resource potential than earlier estimates when 
        used to gather seismic data in the Gulf of Mexico;
            (4) in the many decades seismic surveys have been conducted 
        around the world, there has never been a documented case where 
        use of an air gun to perform a seismic survey has caused the 
        death of an animal; and
            (5) April 2014 will mark 2 years since the Department of 
        the Interior's original projected target completion of such 
        EIS.
    (b) EIS for Atlantic OCS Planning Area.--The Secretary shall issue 
a Final Programmatic Environmental Impact Statement and Record of 
Decision pursuant to the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), assessing the environmental effects of geological 
and geophysical activities in the Atlantic Outer Continental Shelf 
Planning Area.
    (c) Permits for Atlantic OCS Planning Area.--Pursuant to all of the 
laws that apply to geologic and geophysical activities in the Atlantic 
Outer Continental Shelf Planning Area, the Secretary, acting through 
the Bureau of Ocean Energy Management, shall establish a process to 
ensure the timely completion of all permit processing activities that 
meets the requirements of the Act for geologic and geophysical 
activities in the Atlantic Outer Continental Shelf Planning Area, 
including areas of the Southern Atlantic Outer Continental Shelf.
    (d) Preliminary EIS for Southern California OCS Planning Area.--Not 
later than 18 months after the date of enactment of this Act, the 
Secretary shall issue a Preliminary Environmental Impact Statement 
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) to assess the environmental impacts of geophysical 
activities in the Southern California Outer Continental Shelf Planning 
Area.

SEC. 123. PAYMENTS FROM AREAS NEWLY AVAILABLE TO LEASING.

    (a) In General.--Notwithstanding section 9 of the Act (43 U.S.C. 
1338), upon enactment of this Act and each fiscal year thereafter, 37.5 
percent of all bonuses, rents, royalties, and other sums due and 
payable to the United States received on or after enactment of this Act 
from outer Continental Shelf leases entered into on or after the date 
of enactment of this Act shall be paid to the coastal States that are 
Adjacent States with respect to such leases. Such payment shall be 
allocated to each such Adjacent State in amounts (based on a formula 
established by the Secretary by regulation) that are inversely 
proportional to the respective distances between the point on the 
coastline of the Adjacent State that is closest to the geographic 
center of the applicable leased tract and the geographic center of the 
leased tract.
    (b) Exclusions.--Subsection (a) shall not apply to--
            (1) revenues from the forfeiture of a bond or other surety 
        securing obligations other than royalties, civil penalties, or 
        royalties taken by the Secretary in-kind and not sold; and
            (2) revenues generated from leases subject to section 8(g) 
        of the Act (43 U.S.C. 1137(g)).
    (c) Use of Payments to States.--Amounts paid to a State under 
subsection (a) shall be used by the State for such purposes as that 
State considers necessary.
    (d) Gulf of Mexico Outer Continental Shelf Revenues.--
            (1) Limitation on application.--Subsection (a) 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.
            (2) 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)) is amended by striking ``2055'' and 
        inserting ``2022, and shall not exceed $750,000,000 for each of 
        fiscal years 2023 through 2055''.

SEC. 124. DEFINITIONS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.

    Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) 
is amended--
            (1) by amending paragraph (f) to read as follows:
    ``(f) The term `affected State' means the Adjacent State.'';
            (2) by striking the semicolon at the end of each of 
        paragraphs (a) through (o) and inserting a period;
            (3) by striking ``; and'' at the end of paragraph (p) and 
        inserting a period;
            (4) by adding at the end the following:
    ``(r) The term `Adjacent State' means, with respect to any program, 
plan, lease sale, leased tract, or other activity, proposed, conducted, 
or approved pursuant to this Act, any State the laws of which are 
declared, pursuant to section 4(a)(2), to be the law of the United 
States for the portion of the outer Continental Shelf on which such 
program, plan, lease sale, leased tract, or activity appertains or is, 
or is proposed to be, conducted.
    ``(s) The term `State' includes all States having a coastline 
contiguous to the Arctic, Atlantic, or Pacific Ocean, or the Gulf of 
Mexico, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the United States Virgin Islands, American 
Samoa, Guam, the other territories of the United States, and the 
District of Columbia.
    ``(t) The term `Adjacent Zone' means, with respect to any program, 
plan, lease sale, leased tract, or other activity, proposed, conducted, 
or approved pursuant to this Act, the portion of the outer Continental 
Shelf for which the laws of a particular Adjacent State are declared, 
pursuant to section 4(a)(2), to be the law of the United States.
    ``(u) The term `miles' means statute miles.
    ``(v) The term `coastline' has the same meaning as the term `coast 
line' as defined in section 2(c) of the Submerged Lands Act (43 U.S.C. 
1301(c)).
    ``(w) The term `Neighboring State' means a coastal State having a 
common boundary at the coastline with the Adjacent State.''; and
            (5) in paragraph (a), by inserting after ``control'' the 
        following: ``or lying within the United States Exclusive 
        Economic Zone and outer Continental Shelf adjacent to the 
        Commonwealth of Puerto Rico, the Commonwealth of the Northern 
        Mariana Islands, the United States Virgin Islands, American 
        Samoa, Guam, or any other territory of the United States''.

SEC. 125. DETERMINATION OF ADJACENT ZONES AND PLANNING AREAS.

    Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1333(a)(2)(A)) is amended in the first sentence by striking ``, 
and the President'' and all that follows through the end of the 
sentence and inserting the following: ``. The lines extending seaward 
and defining each State's Adjacent Zone, and the Atlantic OCS Planning 
Area, are as indicated on the maps for the Atlantic Outer Continental 
Shelf region entitled `Atlantic OCS Region State Adjacent Zones and OCS 
Planning Areas', which is dated September 2005 and is on file in the 
Office of the Director, Minerals Management Service. The Secretary 
shall designate the Adjacent Zones of States, and additional OCS 
Planning Areas, for parts of the United States Exclusive Economic Zone 
and outer Continental Shelf not covered by those maps.''.

 Subtitle C--Leasing, Exploration, and Development of Oil and Natural 
        Gas Resources in Portions of the Coastal Plain of Alaska

SEC. 131. ESTABLISHMENT OF LEASING PROGRAM FOR COASTAL PLAIN.

    The Secretary shall take such actions as are necessary--
            (1) to establish and implement, in accordance with this 
        subtitle and acting through the Director of the Bureau of Land 
        Management in consultation with the Director of the United 
        States Fish and Wildlife Service, a competitive oil and gas 
        leasing program that will result in an environmentally sound 
        program for the exploration, development, and production of the 
        oil and gas resources of the Coastal Plain; and
            (2) to administer the provisions of this title through 
        regulations, lease terms, conditions, restrictions, 
        prohibitions, stipulations, and other provisions that ensure 
        the oil and gas exploration, development, and production 
        activities on the Coastal Plain will minimize any significant 
        adverse effects on fish and wildlife, their habitat, 
        subsistence resources, and the environment, including, in 
        furtherance of this goal, by requiring the application of the 
        best commercially available technology for oil and gas 
        exploration, development, and production to all exploration, 
        development, and production operations under this title in a 
        manner that ensures the receipt of fair market value by the 
        public for the mineral resources to be leased.

SEC. 132. CONDUCT OF LEASING PROGRAM.

    (a) Repeal.--
            (1) Repeal.--Section 1003 of the Alaska National Interest 
        Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
            (2) Conforming amendment.--The table of contents in section 
        1 of such Act is amended by striking the item relating to 
        section 1003.
    (b) Compliance With Requirements Under Certain Other Laws.--
            (1) Compatibility.--For purposes of the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
        seq.), the oil and gas leasing program and activities 
        authorized by this subtitle in the Coastal Plain are deemed to 
        be compatible with the purposes for which the Arctic National 
        Wildlife Refuge was established, and no further findings or 
        decisions are required to implement this determination.
            (2) Adequacy of the department of the interior's 
        legislative environmental impact statement.--The ``Final 
        Legislative Environmental Impact Statement'' (April 1987) on 
        the Coastal Plain prepared pursuant to section 1002 of the 
        Alaska National Interest Lands Conservation Act of 1980 (16 
        U.S.C. 3142) and section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is 
        deemed to satisfy the requirements under the National 
        Environmental Policy Act of 1969 that apply with respect to 
        prelease activities, including actions authorized to be taken 
        by the Secretary to develop and promulgate the regulations for 
        the establishment of a leasing program authorized by this 
        subtitle before the conduct of the first lease sale.
            (3) Compliance with nepa for other actions.--Before 
        conducting the first lease sale under this subtitle, the 
        Secretary shall prepare an environmental impact statement under 
        the National Environmental Policy Act of 1969 with respect to 
        the actions authorized by this subtitle that are not referred 
        to in paragraph (2). Notwithstanding any other law, the 
        Secretary is not required to identify nonleasing alternative 
        courses of action or to analyze the environmental effects of 
        such courses of action. The Secretary shall only identify a 
        preferred action for such leasing and a single leasing 
        alternative, and analyze the environmental effects and 
        potential mitigation measures for those two alternatives. The 
        identification of the preferred action and related analysis for 
        the first lease sale under this subtitle shall be completed 
        within 18 months after the date of enactment of this Act. The 
        Secretary shall only consider public comments that specifically 
        address the Secretary's preferred action and that are filed 
        within 20 days after publication of an environmental analysis. 
        Notwithstanding any other law, compliance with this paragraph 
        is deemed to satisfy all requirements for the analysis and 
        consideration of the environmental effects of proposed leasing 
        under this subtitle. In preparing or reviewing an environmental 
        assessment pursuant to the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) and any regulations promulgated 
        thereto, an agency shall consider, in addition to any 
        mitigation required by the agency, all applicable Federal, 
        State, local, and other laws and regulations, guidelines, 
        permit conditions, and any other requirements and best 
        practices regarding a Priority Energy Project and any other 
        actions considered in a cumulative effects analysis. Pursuant 
        to that, the agency shall make a finding of no significant 
        impact or a mitigated finding of no significant impact, as 
        applicable, unless, presuming administrative regularity, the 
        agency can conclusively demonstrate that the mitigation 
        required by the agency and the applicable Federal, State, 
        local, and other laws and regulations, guidelines, permit 
        conditions, and any other requirements and best practices 
        regarding a Priority Energy Project and any other actions 
        considered in a cumulative effects analysis will not prevent or 
        otherwise mitigate a significant impact on the human 
        environment.
    (c) Relationship to State and Local Authority.--Nothing in this 
subtitle shall be considered to limit State and local regulatory 
authority.
    (d) Special Areas.--
            (1) In general.--The Secretary, after consultation with the 
        State of Alaska, the city of Kaktovik, and the North Slope 
        Borough, may designate up to a total of 45,000 acres of the 
        Coastal Plain as a Special Area if the Secretary determines 
        that the Special Area is of such unique character and interest 
        so as to require special management and regulatory protection. 
        The Secretary shall designate as such a Special Area the 
        Sadlerochit Spring area, comprising approximately 4,000 acres.
            (2) Management.--Each such Special Area shall be managed so 
        as to protect and preserve the area's unique and diverse 
        character including its fish, wildlife, and subsistence 
        resource values.
            (3) Exclusion from leasing or surface occupancy.--The 
        Secretary may exclude any Special Area from leasing. If the 
        Secretary leases a Special Area, or any part thereof, for 
        purposes of oil and gas exploration, development, production, 
        and related activities, there shall be no surface occupancy of 
        the lands comprising the Special Area.
            (4) Directional drilling.--Notwithstanding the other 
        provisions of this subsection, the Secretary may lease all or a 
        portion of a Special Area under terms that permit the use of 
        horizontal drilling technology from sites on leases located 
        outside the Special Area.
    (e) Limitation on Closed Areas.--The Secretary's sole authority to 
close lands within the Coastal Plain to oil and gas leasing and to 
exploration, development, and production is that set forth in this 
subtitle.
    (f) Regulations.--The Secretary shall prescribe such regulations as 
may be necessary to carry out this subtitle, including rules and 
regulations relating to protection of the fish and wildlife, their 
habitat, subsistence resources, and environment of the Coastal Plain, 
by no later than 12 months after the date of enactment of this Act.
    (g) Lease Sales.--
            (1) In general.--Lands may be leased pursuant to this 
        subtitle to any person qualified to obtain a lease for deposits 
        of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et 
        seq.).
            (2) Procedures.--The Secretary shall, by regulation, 
        establish procedures for--
                    (A) receipt and consideration of sealed nominations 
                for any area in the Coastal Plain for inclusion in, or 
                exclusion (as provided in subparagraph (C)) from, a 
                lease sale;
                    (B) the holding of lease sales after such 
                nomination process; and
                    (C) public notice of and comment on designation of 
                areas to be included in, or excluded from, a lease 
                sale.
            (3) Lease sale bids.--Bidding for leases under this 
        subtitle shall be by sealed competitive cash bonus bids.
            (4) Acreage minimum in first sale.--In the first lease sale 
        under this subtitle, the Secretary shall offer for lease those 
        tracts the Secretary considers to have the greatest potential 
        for the discovery of hydrocarbons, taking into consideration 
        nominations received pursuant to paragraph (2)(A), but in no 
        case less than 200,000 acres.
            (5) Timing of lease sales.--The Secretary shall--
                    (A) conduct the first lease sale under this 
                subtitle within 18 months after the date of the 
                enactment of this Act;
                    (B) evaluate the bids in such sale and issue leases 
                resulting from such sale, within 90 days after the date 
                of the completion of such sale; and
                    (C) conduct additional sales so long as sufficient 
                interest in development exists to warrant, in the 
                Secretary's judgment, the conduct of such sales.
    (h) Grant of Leases by the Secretary.--
            (1) In general.--The Secretary may grant to the highest 
        responsible qualified bidder in a lease sale conducted pursuant 
        to subsection (g) any lands to be leased on the Coastal Plain 
        upon payment by the lessee of such bonus as may be accepted by 
        the Secretary.
            (2) Subsequent transfers.--No lease issued under this 
        subtitle may be sold, exchanged, assigned, sublet, or otherwise 
        transferred except with the approval of the Secretary. Prior to 
        any such approval the Secretary shall consult with, and give 
        due consideration to the views of, the Attorney General.
    (i) Lease Terms and Conditions.--An oil or gas lease issued 
pursuant to this subtitle shall--
            (1) provide for the payment of a royalty of 37\1/2\ percent 
        in amount or value of the production removed or sold from the 
        lease, as determined by the Secretary under the regulations 
        applicable to other Federal oil and gas leases;
            (2) require that the lessee of lands within the Coastal 
        Plain shall be fully responsible and liable for the reclamation 
        of lands within the Coastal Plain and any other Federal lands 
        that are adversely affected in connection with exploration, 
        development, production, or transportation activities conducted 
        under the lease and within the Coastal Plain by the lessee or 
        by any of the subcontractors or agents of the lessee;
            (3) provide that the lessee may not delegate or convey, by 
        contract or otherwise, the reclamation responsibility and 
        liability to another person without the express written 
        approval of the Secretary;
            (4) provide that the standard of reclamation for lands 
        required to be reclaimed under this subtitle shall be, as 
        nearly as practicable, a condition capable of supporting the 
        uses which the lands were capable of supporting prior to any 
        exploration, development, or production activities, or upon 
        application by the lessee, to a higher or better use as 
        approved by the Secretary;
            (5) contain terms and conditions relating to protection of 
        fish and wildlife, their habitat, subsistence resources, and 
        the environment as required pursuant to section 131(2);
            (6) provide that the lessee, its agents, and its 
        contractors use best efforts to provide a fair share, as 
        determined by the level of obligation previously agreed to in 
        the 1974 agreement implementing section 29 of the Federal 
        Agreement and Grant of Right of Way for the Operation of the 
        Trans Alaska Pipeline, of employment and contracting for Alaska 
        Natives and Alaska Native Corporations from throughout the 
        State; and
            (7) contain such other provisions as the Secretary 
        determines necessary to ensure compliance with the provisions 
        of this subtitle and the regulations issued under this 
        subtitle.
    (j) Lease Approval Deadlines.--
            (1) In general.--Not later than 10 business days after the 
        date on which an agency receives an application for any permit, 
        authorization, or other agency action with respect to a lease 
        under this subtitle, the agency shall--
                    (A) notify the applicant that the application is 
                complete; or
                    (B) notify the applicant that information is 
                missing and specify any information that is required to 
                be submitted for the application to be complete.
            (2) Issuance or deferral.--Not later than 30 days after the 
        applicant for such a permit, authorization, or other agency 
        action has submitted a complete application, the agency shall--
                    (A) issue the permit; or
                    (B)(i) defer the decision on the permit; and
                    (ii) provide to the applicant a notice that 
                specifies any steps that the applicant could take for 
                the permit to be issued.
            (3) Requirements for deferred applications.--
                    (A) In general.--If the agency provides notice 
                under paragraph (2)(B), the applicant shall have a 
                period of 2 years from the date of receipt of the 
                notice in which to complete all requirements specified 
                by the agency, including providing information needed 
                for compliance with the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.).
                    (B) Issuance of decision on permit.--If the 
                applicant completes the requirements within the period 
                specified in subparagraph (A), the agency shall issue a 
                decision on the permit not later than 10 days after the 
                date of completion of the requirements described in 
                subparagraph (A).
                    (C) Denial of permit.--If the applicant does not 
                complete the requirements within the period specified 
                in subparagraph (A) the agency shall deny the permit.
            (4) Agency requirements.--In any application for a permit, 
        authorization, or other agency action, the agency shall be 
        prohibited from requiring the applicant to perform any 
        analyses, studies, or other activities that are novel, 
        unprecedented, or otherwise inconsistent with past requirements 
        for permit applicants in the same or similar situations.
            (5) Failure to act.--In the event the agency fails to meet 
        any deadline set forth in this section, the agency shall 
        immediately grant the requested permit, authorization, or other 
        approval.
    (k) Considerations.--In preparing and promulgating regulations, 
lease terms, conditions, restrictions, prohibitions, and stipulations 
under this section, the Secretary shall consider the following:
            (1) The stipulations and conditions that govern the 
        National Petroleum Reserve-Alaska leasing program, as set forth 
        in the 1999 Northeast National Petroleum Reserve-Alaska Final 
        Integrated Activity Plan/Environmental Impact Statement.
            (2) The environmental protection standards that governed 
        the initial Coastal Plain seismic exploration program under 
        parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
            (3) The land use stipulations for exploratory drilling on 
        the KIC-ASRC private lands that are set forth in appendix 2 of 
        the August 9, 1983, agreement between Arctic Slope Regional 
        Corporation and the United States.
    (l) Environmental Appeals Board.--
            (1) Limitation on delegation of authority.--The 
        Administrator of the Environmental Protection Agency shall not 
        delegate any authority to the Environmental Appeals Board to 
        consider, review, reject, remand, or otherwise invalidate any 
        permit for activity under a lease under this title.
            (2) Performance by secretary.--The Administrator shall 
        perform all duties currently assigned to the Environmental 
        Appeals Board in the Secretary's individual capacity.
    (m) Facility Consolidation Planning.--
            (1) In general.--The Secretary shall, after providing for 
        public notice and comment, prepare and update periodically a 
        plan to govern, guide, and direct the siting and construction 
        of facilities for the exploration, development, production, and 
        transportation of Coastal Plain oil and gas resources.
            (2) Objectives.--The plan shall have the following 
        objectives:
                    (A) Avoiding unnecessary duplication of facilities 
                and activities.
                    (B) Encouraging consolidation of common facilities 
                and activities.
                    (C) Locating or confining facilities and activities 
                to areas that will minimize impact on fish and 
                wildlife, their habitat, and the environment.
                    (D) Utilizing existing facilities wherever 
                practicable.
                    (E) Enhancing compatibility between wildlife values 
                and development activities.
    (n) Access to Public Lands.--The Secretary shall--
            (1) manage public lands in the Coastal Plain subject to 
        subsections (a) and (b) of section 811 of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 3121); and
            (2) ensure that local residents shall have reasonable 
        access to public lands in the Coastal Plain for traditional 
        uses.
    (o) Expedited Judicial Review.--
            (1) Filing of complaint.--
                    (A) Deadline.--A complaint seeking judicial review 
                of any provision of this section or any action of the 
                Secretary under this section shall be filed--
                            (i) within the 90-day period beginning on 
                        the date of the action being challenged; or
                            (ii) in the case of a complaint based 
                        solely on grounds arising after such period, 
                        within 90 days after the complainant knew or 
                        reasonably should have known of the grounds for 
                        the complaint.
                    (B) Venue.--Any complaint seeking judicial review 
                of any provision of this subtitle or any action of the 
                Secretary under this subtitle may be filed only in the 
                United States Court of Appeals for the District of 
                Columbia.
                    (C) Limitation on scope of certain review.--
                Judicial review of a Secretarial decision to conduct a 
                lease sale under this subtitle, including the 
                environmental analysis thereof, shall be limited to 
                whether the Secretary has complied with this subtitle 
                and shall be based upon the administrative record of 
                that decision. The Secretary's identification of a 
                preferred course of action to enable leasing to proceed 
                and the Secretary's analysis of environmental effects 
                under this subtitle shall be presumed to be correct 
                unless shown otherwise by clear and convincing evidence 
                to the contrary.
            (2) Limitation on other review.--Actions of the Secretary 
        with respect to which review could have been obtained under 
        this section shall not be subject to judicial review in any 
        civil or criminal proceeding for enforcement.

SEC. 133. FEDERAL AND STATE DISTRIBUTION OF REVENUES.

    (a) In General.--All adjusted bonus, rental, and royalty revenues 
from Federal oil and gas leasing and operations authorized under this 
subtitle shall be subject to distribution in the same manner as for 
Federal oil and gas leases under section 35 of the Mineral Leasing Act 
(30 U.S.C. 191).
    (b) Payments to Alaska.--Payments to the State of Alaska under this 
section shall be made semiannually.

SEC. 134. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

    (a) In General.--The Secretary shall issue rights-of-way and 
easements across the Coastal Plain for the transportation of oil and 
gas--
            (1) except as provided in paragraph (2), under section 28 
        of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
        title XI of the Alaska National Interest Lands Conservation Act 
        (30 U.S.C. 3161 et seq.); and
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (30 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170 and 3171).
    (b) Terms and Conditions.--The Secretary shall include in any 
right-of-way or easement issued under subsection (a) such terms and 
conditions as may be necessary to ensure that transportation of oil and 
gas does not result in a significant adverse effect on the fish and 
wildlife, subsistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be sited or 
designed so as to avoid unnecessary duplication of roads and pipelines.
    (c) Regulations.--The Secretary shall include in regulations under 
section 132 provisions granting rights-of-way and easements described 
in subsection (a).

SEC. 135. CONVEYANCE.

    In order to maximize Federal revenues by removing clouds on title 
to lands and clarifying land ownership patterns within the Coastal 
Plain, the Secretary, notwithstanding section 1302(h)(2) of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 
convey--
            (1) to the Kaktovik Inupiat Corporation the surface estate 
        of the lands described in paragraph 1 of Public Land Order 
        6959, to the extent necessary to fulfill the Corporation's 
        entitlement under sections 12 and 14 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance 
        with the terms and conditions of the Agreement between the 
        Department of the Interior, the United States Fish and Wildlife 
        Service, the Bureau of Land Management, and the Kaktovik 
        Inupiat Corporation effective January 22, 1993; and
            (2) to the Arctic Slope Regional Corporation the remaining 
        subsurface estate to which it is entitled pursuant to the 
        August 9, 1983, agreement between the Arctic Slope Regional 
        Corporation and the United States of America.

 Subtitle D--State Control of Energy Development and Production on All 
                         Available Federal Land

SEC. 141. SHORT TITLE.

    This subtitle may be cited as the ``Federal Land Freedom Act of 
2013''.

SEC. 142. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL 
              AVAILABLE FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Available federal land.--The term ``available Federal 
        land'' means any Federal land that, as of May 31, 2013--
                    (A) is located within the boundaries of a State;
                    (B) is not held by the United States in trust for 
                the benefit of a federally recognized Indian tribe;
                    (C) is not a unit of the National Park System;
                    (D) is not a unit of the National Wildlife Refuge 
                System; and
                    (E) is not a Congressionally designated wilderness 
                area.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means--
                    (A) a State; and
                    (B) the District of Columbia.
    (b) State Programs.--
            (1) In general.--A State--
                    (A) may establish a program covering the leasing 
                and permitting processes, regulatory requirements, and 
                any other provisions by which the State would exercise 
                its rights to develop all forms of energy resources on 
                available Federal land in the State; and
                    (B) as a condition of certification under 
                subsection (c)(2) shall submit a declaration to the 
                Departments of the Interior, Agriculture, and Energy 
                that a program under subparagraph (A) has been 
                established or amended.
            (2) Amendment of programs.--A State may amend a program 
        developed and certified under this section at any time.
            (3) Certification of amended programs.--Any program amended 
        under paragraph (2) shall be certified under subsection (c)(2).
    (c) Leasing, Permitting, and Regulatory Programs.--
            (1) Satisfaction of federal requirements.--Each program 
        certified under this section shall be considered to satisfy all 
        applicable requirements of Federal law (including regulations), 
        including--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.).
            (2) Federal certification and transfer of development 
        rights.--Upon submission of a declaration by a State under 
        subsection (b)(1)(B)--
                    (A) the program under subsection (b)(1)(A) shall be 
                certified; and
                    (B) the State shall receive all rights from the 
                Federal Government to develop all forms of energy 
                resources covered by the program.
            (3) Issuance of permits and leases.--If a State elects to 
        issue a permit or lease for the development of any form of 
        energy resource on any available Federal land within the 
        borders of the State in accordance with a program certified 
        under paragraph (2), the permit or lease shall be considered to 
        meet all applicable requirements of Federal law (including 
        regulations).
    (d) Judicial Review.--Activities carried out in accordance with 
this Act shall not be subject to judicial review.
    (e) Administrative Procedure Act.--Activities carried out in 
accordance with this Act shall not be subject to subchapter II of 
chapter 5, and chapter 7, of title 5, United States Code (commonly 
known as the ``Administrative Procedure Act'').

Subtitle E--Prohibition on New Wilderness or Wilderness Study Areas on 
 Lands Administered by the BLM Without Congressional Approval; Indian 
                            Land Development

SEC. 151. REPEAL OF EXECUTIVE ORDER.

    The Bureau of Land Management shall not implement, administer, or 
enforce Secretarial Order No. 3310, issued by the Secretary of the 
Interior on December 22, 2010, except by Congressional approval.

SEC. 152. WILDERNESS DESIGNATION PROCEDURES.

    (a) Precondition to Designation.--The Secretary of the Interior may 
not designate or issue a recommendation to designate a wilderness or 
wilderness study area as ``Wild Lands'', ``Wilderness'', or any other 
protective designation on lands administered by the Bureau of Land 
Management before the last day of the 30-day period beginning on the 
date on which the Secretary provides a description and map of the land 
proposed to be so designated to Congress and to the Governor of each 
State with jurisdiction over parcels of land located within the 
boundaries of the area proposed to be designated.
    (b) Public Participation.--
            (1) Public hearing requirement.--
                    (A) In general.--Subject to subparagraph (D), not 
                later than 90 days after the date on which the 
                Secretary of the Interior issues a recommendation under 
                subsection (a), the Secretary shall hold not fewer than 
                one public hearing within a county (or comparable unit 
                of local government) located wholly or in part within 
                the boundaries of the proposed wilderness or wilderness 
                study area. The Secretary shall ensure that all 
                interested individuals are afforded an opportunity to 
                participate in a hearing held under this paragraph.
                    (B) Comments.--The Secretary of the Interior shall 
                solicit comments from the public at a hearing held 
                under subparagraph (A), and shall enter all comments 
                received at or related to such hearing into the record 
                of the hearing.
                    (C) Availability of record.--The Secretary of the 
                Interior shall promptly make the record of a hearing 
                held under subparagraph (A), including a transcript of 
                the hearing, available to the public on the Internet or 
                by other electronic means. The Secretary shall ensure 
                that any components of the record that are completed 
                before the entire record is finalized are made 
                available upon their completion.
                    (D) Waiver.--The Secretary of the Interior may 
                decline to hold a public hearing under subparagraph (A) 
                if each unit of local government located wholly or in 
                part within the boundaries of the national monument 
                expressly waives the right to such hearing.
            (2) Notice and comment period requirement.--Not later than 
        30 days after the date on which Secretary of the Interior 
        issues a recommendation under subsection (a), the Secretary 
        shall initiate a notice and comment period to receive comments 
        from the public regarding the recommendation.
            (3) Report.--
                    (A) Contents.--Not later than one year after 
                issuing a recommendation to designate a wilderness or 
                wilderness study area under subsection (a), the 
                Secretary shall submit to Congress a report containing 
                the following:
                            (i) An analysis of the economic impact of 
                        the designation on the communities within 100 
                        miles of the boundaries of the proposed 
                        wilderness or wilderness study area, including 
                        an estimate of the tax revenues that will be 
                        lost to, or gained for, the Federal, State, and 
                        local governments as a result of the 
                        designation.
                            (ii) An analysis of the impact the 
                        designation will have on the Nation's energy 
                        security, including the effects of the loss of 
                        sites to produce wind, geothermal, or solar 
                        energy, and the number of barrels of oil, tons 
                        of coal, or cubic feet of natural gas that will 
                        become unavailable as a result of the 
                        designation.
                            (iii) The projected impact of the 
                        designation on interests, rights, and uses 
                        associated with the parcels of land within the 
                        boundaries of the monument, including water 
                        rights, hunting, recreational shooting, 
                        grazing, timber production, vegetation 
                        manipulation to maintain forest health, off-
                        road vehicle use, hiking, horseback riding, and 
                        mineral and energy leases, claims, and permits.
                            (iv) The record of any hearings held under 
                        paragraph (1).
                            (v) Any written comments received during 
                        the notice and comment period conducted under 
                        paragraph (2).
                    (B) Publication.--The Secretary of the Interior 
                shall ensure that--
                            (i) a report submitted to Congress under 
                        subparagraph (A) is published on the Department 
                        of the Interior Web site upon completion; and
                            (ii) any components of the report that are 
                        completed before the entire report is finalized 
                        and submitted to Congress are published on the 
                        Department of the Interior Web site upon their 
                        completion.
            (4) Implementation guidelines.--The Secretary of the 
        Interior, in cooperation with the States, shall develop and 
        publish guidelines to provide for the implementation of 
        subsection.
    (c) Congressional Approval of Designation.--
            (1) Approval required.--A designation issued under 
        subsection (a) shall cease to be effective following the last 
        day of the 2-year period beginning on the date on which the 
        Secretary of the Interior issued the designation, unless the 
        report is approved by an Act of Congress on or before that last 
        day.
            (2) Management of land before approval.--During the period 
        between the issuance of the report described in subsection 
        (b)(3) and congressional approval described above, the 
        Secretary of the Interior shall ensure that any restriction 
        placed on land and interests, rights, or uses associated with 
        the parcels of land designated as a national monument, 
        including water rights, hunting, recreational shooting, 
        grazing, timber production, vegetation manipulation to maintain 
        forest health, off-road vehicle use, hiking, horseback riding, 
        and mineral and energy leases, claims, and permits, is narrowly 
        tailored and essential to the proper care and management of the 
        objects to be protected.
            (3) Effect of nonapproval.--If Congress does not approve 
        the report, any reservation of land made by the report, and any 
        restriction imposed as a result of the report on interests, 
        rights, or uses associated with the parcels of land, shall 
        cease to be effective following the last day of the 2-year 
        period referred to in paragraph (1).

SEC. 153. FUTURE EXECUTIVE BRANCH ACTIONS.

    (a) Effectiveness.--Upon enactment of this Act, no executive branch 
action that withdraws more than 100 acres, in the aggregate, of public 
lands within the United States pursuant to the Antiquities Act of 1906 
(16 U.S.C. 431 et seq.) or any other relevant authority shall be 
effective except by compliance with this section. The provisions of 
this subsection shall apply to executive branch actions that withdraw 
less than 100 acres of public land where such withdrawals are located 
within 100 miles of any other withdrawal of public lands.
    (b) Withdrawal.--To the extent authorized by existing law, the 
President or the relevant head of an agency may withdraw public lands 
in the United States provided that such withdrawal shall not be 
effective until notice is provided in the Federal Register and to the 
House of Representatives and the Senate. Such withdrawal shall 
terminate unless approved by a Federal statute not later than one year 
after the notice of such withdrawal has been submitted to Congress.
    (c) Limitation.--If Congress fails to pass an Act approving a 
withdrawal under subsection (b), the President or the relevant head of 
an agency shall be prohibited from withdrawing such land or a similar 
area of public lands until at least 5 years after the end of the time 
period described in subsection (b).

SEC. 154. LEASES FOR DEVELOPMENT OF NATURAL RESOURCES ON INDIAN LANDS.

    Subsection (a) of the first section of the Act to authorize the 
leasing of restricted Indian lands for public, religious, educational, 
recreational, residential, business, and other purposes requiring the 
grant of long-term leases (25 U.S.C. 415(a); commonly known as the 
``Long-term Leasing Act'') is amended by striking ``including the 
development or utilization of natural resources in connection with 
operations under such leases'' and inserting ``except leases for the 
development or utilization of natural resources and leases in 
connection with operations under such leases, neither of which shall 
require Secretarial approval under this section,''.

   Subtitle F--Legal Causes and Claims Pertaining to the Leasing and 
  Development of Federal Lands for Exploration and Production of Oil, 
          Natural Gas, Associated Hydrocarbons, and Oil Shale

SEC. 161. OIL SHALE, TAR SANDS, AND OTHER STRATEGIC UNCONVENTIONAL 
              FUELS.

    (a) Jurisdiction.--Upon enactment of this Act, the Federal Energy 
Regulatory Commission, in lieu of the Department of the Interior, shall 
be granted exclusive jurisdiction and all relevant authority to 
implement and administer the leasing program for research and 
development of oil shale and tar sands and all other programs and 
requirements contained in section 369 of the Energy Policy Act of 2005 
(Public Law 109-58; 42 U.S.C. 15927).
    (b) Regulations.--Upon enactment of this Act and pursuant to 
paragraph (1), the Federal Energy Regulatory Commission shall 
immediately stay all regulations and guidelines promulgated by the 
Department of the Interior or any other agency under section 369 of the 
Energy Policy Act of 2005 and, notwithstanding any other law, publish 
proposed rules in the Federal Register not later than 6 months 
following enactment of this Act that fully implement as expeditiously 
as practicable the provisions of such section 369. The Federal Energy 
Regulatory Commission shall publish final rules not later than 18 
months following enactment of this Act.
    (c) Resources.--The Federal Energy Regulatory Commission is 
authorized to request from the Department of the Interior and the 
Department of Energy any resources and personnel that it deems 
necessary to implement and administer the provisions of this 
subsection, and the Department of the Interior and the Department of 
Energy are required to provide such resources and personnel as 
requested.

SEC. 162. ENERGY PRODUCTION ON FEDERAL LANDS.

    (a) Requirement.--The Secretary of the Interior is directed to take 
sufficient actions to ensure that by January 1, 2018, not less than 10 
percent of the Federal outer Continental Shelf lands and not less than 
10 percent of onshore Federal lands and interests in lands that are 
under the Secretary's jurisdiction are being leased for the production 
of energy.
    (b) Authorization.--The Secretary of the Interior shall utilize all 
available authority pursuant to this Act and any other Federal law, as 
applicable, to comply with the requirement in subsection (a).

SEC. 163. JURISDICTION.

    (a) Exclusive Jurisdiction.--Notwithstanding any other provision of 
law, including section 23(c)(2) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1349(c)(2)), any final agency decision concerning any 
covered oil and natural gas activity shall be subject to judicial 
review only in the United States District Court for the District of 
Columbia.
    (b) Finality of Leasing Decisions.--Notwithstanding the provisions 
of any law or regulation to the contrary, a decision by the Bureau of 
Land Management or the Minerals Management Service to issue a Final 
Notice of Sale and proceed with an oil and gas lease sale pursuant to 
any authorizing leasing statute shall not be subject to further 
administrative review within the Department of the Interior, and shall 
be the final decision of the agency for purposes of judicial review.
    (c) Expedited Review.--Section 390 of the Energy Policy Act of 2005 
(42 U.S.C. 15942) is amended--
            (1) by striking ``be subject to a rebuttable presumption 
        that the use of'' and inserting ``apply''; and
            (2) by striking ``would apply''.

SEC. 164. JUDICIAL REVIEW.

    (a) In General.--
            (1) Exclusive jurisdiction.--The United States Court of 
        Appeals for the circuit in which a Priority Energy Project is 
        proposed to be constructed, expanded, or operated shall have 
        original and exclusive jurisdiction over the review of an order 
        or action of a Federal agency or State administrative agency 
        acting pursuant to Federal law to issue, condition, or deny any 
        permit, license, concurrence, or approval (hereinafter in this 
        section collectively referred to as a ``permit'') required 
        under Federal law.
            (2) Agency delay.--The United States Court of Appeals for 
        the District of Columbia shall have original and exclusive 
        jurisdiction over the review of an alleged failure to act by a 
        Federal agency or State administrative agency acting pursuant 
        to Federal law to issue, condition, or deny any permit required 
        under Federal law for a Priority Energy Project.
            (3) Court action.--
                    (A) In general.--The Court shall act as 
                expeditiously as possible for all appeals under this 
                section.
                    (B) Remand.--If a Court finds that such order or 
                action is inconsistent with the Federal law governing 
                such permit and would prevent the construction, 
                expansion, or operation of the Priority Energy Project, 
                the Court shall remand the proceeding to the agency to 
                take appropriate action consistent with the order of 
                the Court. If the Court remands the order or action to 
                a Federal or State agency, the Court shall set as 
                expeditious a schedule and deadline as possible for the 
                agency to act on remand, and in any event shall allow 
                not more than 90 days for agency action on remand.
                    (C) Attorney's fees and other expenses.--Attorney's 
                fees and other expenses of litigation shall be awarded 
                to the prevailing party in actions challenging an 
                agency action granting a permit for or otherwise 
                authorizing a Priority Energy Project, but in no event 
                shall a Priority Energy Project Developer be required 
                to pay attorney's fees and other expenses of litigation 
                to a prevailing party.
            (4) Appeals.--Appeals brought pursuant to this section may 
        only be filed within 30 days of a final agency action regarding 
        a permit.
    (b) Citizen Suits.--
            (1) Standing.--In any suit involving a Priority Energy 
        Project brought under a citizen suit provision under a Federal 
        law, any fact material to the standing of the party bringing 
        the suit that is in dispute shall be adjudicated by the Court 
        prior to the adjudication of any other issue relating to the 
        merits of the suit.
            (2) Preservation of agency discretion.--
                    (A) Notice of citizen suit required.--A party 
                seeking to file a citizen suit pursuant to a Federal 
                law involving a Priority Energy Project shall first 
                notify in writing the relevant agency and the Priority 
                Energy Project Developer of its intent to file a 
                citizen suit, the claims it intends to bring, and all 
                relevant statutory and regulatory provisions.
                    (B) Determination required.--
                            (i) In general.--Not later than 60 days 
                        following receipt of such notice, the agency 
                        shall exercise discretion in determining 
                        whether enforcement of the claims described in 
                        such notice are an appropriate use of agency 
                        resources.
                            (ii) Dismissal required.--If the agency 
                        determines such claims are not an appropriate 
                        use of agency resources, the citizen suit shall 
                        be not be considered authorized under relevant 
                        Federal law and if filed shall be immediately 
                        dismissed by the Court.
                            (iii) Agency response required.--If the 
                        agency determines such claims are an 
                        appropriate use of agency resources, the agency 
                        shall have a period of 24 months to act in 
                        response to such claims, including by bringing 
                        an enforcement action or by consulting with the 
                        Priority Energy Project Developer, before the 
                        citizen suit shall be considered authorized 
                        under relevant Federal law. Upon the request of 
                        the Priority Energy Project Developer, the 
                        agency must allow for an additional 24 months 
                        to act in response to such claims.
                    (C) Citizen suit authorized.--After the 24-month 
                period, or 48-month period, as applicable, described in 
                subparagraph (B)(iii) has expired, if the agency 
                publishes a notice in the Federal Register expressly 
                stating that it declines to address the claims 
                described by the party seeking to file a citizen suit 
                as described pursuant to subparagraph (A), then such 
                party is authorized to file a citizen suit under 
                relevant Federal law. The agency is prohibited from 
                publishing such notice if the Priority Energy Project 
                Developer has consulted with the agency and taken 
                remedial action regarding the claims contained in the 
                notice described in paragraph (A).
                    (D) Attorneys fees and expenses.--In a citizen suit 
                filed pursuant a Federal law that involves a Priority 
                Energy Project, a Priority Energy Project Developer 
                shall not be required to pay attorneys fees and 
                expenses to a prevailing party.
            (3) Settlements.--Notwithstanding any other provision of 
        law, no Federal agency shall enter into a settlement agreement 
        arising from a citizen suit subject to this subsection that 
        would require the reallocation of agency resources that had 
        been previously allocated by law or regulation.

SEC. 165. TIME FOR FILING PETITION FOR JUDICIAL REVIEW; STANDING, 
              FILING OF RECORD.

    (a) Deadline.--All petitions for judicial review of covered oil and 
natural gas activities must be filed within 45 days of the final agency 
decision or the challenge shall be barred.
    (b) Standing.--Only persons whose legal rights will be directly and 
adversely affected by the challenged action, and who are within the 
zone of interest protected by each Act under which the challenge is 
brought, shall have standing to file any petition for judicial review 
of covered oil and natural gas activities.
    (c) Limitation.--Nothing in this section creates a right to 
judicial review or places any limit on filing a claim that a person has 
violated the terms of a permit, license, or approval.
    (d) Consolidated Record.--When any civil action is brought 
concerning any covered oil and natural gas activity, the Federal 
agencies involved shall immediately prepare for the court the 
consolidated record compiled for the challenged decision.
    (e) Completion of Review.--The court shall complete all judicial 
review, including rendering a judgment, before the end of the 210-day 
period beginning on the date on which a petition is filed that is 
subject to this subtitle, unless all parties to such proceeding agree 
to an extension of such period.
    (f) Expedited Mandamus Review.--Notwithstanding subsection (e), 
within 30 days after the filing of an action that is subject to this 
subtitle, the court shall issue a decision either compelling permit 
issuance or establishing a schedule that enables the most expeditious 
possible completion of proceedings. The court may issue orders to 
enforce any schedule it establishes under this subsection.
    (g) No Private Right of Action.--Except as expressly provided in 
this section, this subtitle shall not be construed to create any 
additional right, benefit, or trust responsibility, substantive or 
procedural, enforceable at law or equity, by a person against the 
United States, its agencies, its officers, or any person.

SEC. 166. LIMITATION ON SCOPE OF REVIEW AND RELIEF.

    (a) Prospective Relief.--In any proceeding for judicial review that 
is subject to 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.
    (b) Effectiveness of Agency Decision Pending Judicial Review.--
Final agency decisions relating to covered oil and natural gas 
activities shall be effective pending any judicial review of such 
decisions unless the Court issues an order staying the effect of the 
decision.

SEC. 167. EXCLUSION.

    This subtitle shall not apply 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.

    Subtitle G--Development of Solar and Wind Energy on Public Land

SEC. 171. DEFINITIONS.

    In this subtitle:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A)(i) public land administered by the Secretary; 
                or
                    (ii) National Forest System land administered by 
                the Secretary of Agriculture; and
                    (B) not excluded from the development of solar or 
                wind energy under--
                            (i) a land use plan established under the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.);
                            (ii) a land use plan established under the 
                        National Forest Management Act of 1976 (16 
                        U.S.C. 1600 et seq.); or
                            (iii) other law.
            (2) Pilot program.--The term ``pilot program'' means the 
        wind and solar leasing pilot program established under section 
        173(a).
            (3) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (4) Secretaries.--The term ``Secretaries'' means--
                    (A) in the case of public land administered by the 
                Secretary, the Secretary; and
                    (B) in the case of National Forest System land 
                administered by the Secretary of Agriculture, the 
                Secretary of Agriculture.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 172. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS AND LAND USE 
              PLANNING.

    (a) National Forest System Land.--As soon as practicable but not 
later than 2 years after the date of enactment of this Act, the 
Secretary of Agriculture shall--
            (1) prepare and publish in the Federal Register a notice of 
        intent to prepare a programmatic environmental impact statement 
        in accordance with the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts 
        of--
                    (A) a program to develop solar and wind energy on 
                National Forest System land administered by the 
                Secretary of Agriculture; and
                    (B) any necessary amendments to land use plans for 
                the land; and
            (2) amend any land use plans as appropriate to provide for 
        the development of energy resources in areas considered 
        appropriate by the Secretary of Agriculture immediately on 
        completion of the programmatic environmental impact statement.
    (b) Effect on Processing Applications.--The requirement for 
completion of programmatic environmental impact statements under this 
section shall not result in any delay in processing or approving 
applications for wind or solar development on public land administered 
by the Secretary or on National Forest System land.
    (c) Military Installations.--
            (1) Report.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary of 
                Defense, in consultation with the Secretary of the 
                Interior, shall conduct a study, and prepare a report, 
                that--
                            (i) identifies locations on land withdrawn 
                        from the public domain and reserved for 
                        military purposes that--
                                    (I) exhibit a high potential for 
                                solar, wind, geothermal, or other 
                                energy resources production;
                                    (II) are disturbed or otherwise 
                                have comparatively low value for other 
                                resources; and
                                    (III) could be developed for energy 
                                production in a manner consistent with 
                                all present and reasonably foreseeable 
                                military training and operational 
                                missions and research, development, 
                                testing, and evaluation requirements; 
                                and
                            (ii) describes the administration of public 
                        land withdrawn for military purposes for the 
                        development of commercial-scale energy 
                        projects, including the legal authorities 
                        governing authorization for that use.
                    (B) Recommendations.--The report shall include 
                recommendations on--
                            (i) necessary changes in any law (including 
                        regulations);
                            (ii) whether the authorization for the use 
                        of the land for development of energy projects 
                        should be pursuant to lease, contract, right-
                        of-way, permit, or other form of authorization;
                            (iii) methods of improving coordination 
                        among the Federal, State, and local agencies, 
                        if any, involved in authorizing the projects; 
                        and
                            (iv) disposition of revenues resulting from 
                        the development of energy projects on the land.
            (2) Environmental impact analysis.--Not later than 1 year 
        after the completion of the study required by paragraph (1), 
        the Secretary of Defense, in consultation with the Secretary of 
        the Interior, shall prepare and publish in the Federal Register 
        a notice of intent to prepare an environmental impact analysis 
        document to support a program to develop energy resources on 
        withdrawn military land identified in the study as suitable for 
        the production.
            (3) Reports.--On completion of the report, the Secretary 
        and the Secretary of Defense shall jointly submit the report 
        required by paragraph (1) to--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Energy and Natural Resources 
                of the Senate;
                    (C) the Committee on Armed Services of the House of 
                Representatives; and
                    (D) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 173. DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND.

    (a) Pilot Program.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a wind and 
        solar leasing pilot program on covered land administered by the 
        Secretary.
            (2) Selection of sites.--
                    (A) In general.--Not later than 90 days after the 
                date the pilot program is established under this 
                subsection, the Secretary shall (taking into 
                consideration the multiple resource values of the land) 
                select 2 sites that are appropriate for the development 
                of a solar energy project, and 2 sites that are 
                appropriate for the development of a wind energy 
                project, on covered land administered by the Secretary 
                as part of the pilot program.
                    (B) Site selection.--In carrying out subparagraph 
                (A), the Secretary shall seek to select sites--
                            (i) for which there is likely to be a high 
                        level of industry interest;
                            (ii) that have a comparatively low value 
                        for other resources; and
                            (iii) that are representative of sites on 
                        which solar or wind energy is likely to be 
                        developed on covered land.
                    (C) Ineligible sites.--The Secretary shall not 
                select as part of the pilot program any site for which 
                a right-of way for site testing or construction has 
                been issued.
            (3) Qualifications.--Prior to any lease sale, the Secretary 
        shall establish qualifications for bidders that ensure 
        bidders--
                    (A) are able to expeditiously develop a wind or 
                solar energy project on the site for lease;
                    (B) possess--
                            (i) financial resources necessary to 
                        complete a project;
                            (ii) knowledge of the applicable 
                        technology; and
                            (iii) such other qualifications as are 
                        determined appropriate by the Secretary; and
                    (C) meet the eligibility requirements for leasing 
                under the first section of the Mineral Leasing Act (30 
                U.S.C. 181).
            (4) Lease sales.--
                    (A) In general.--Except as provided in subparagraph 
                (D)(ii), not later than 180 days after the date sites 
                are selected under paragraph (2), the Secretary shall 
                offer each site for competitive leasing to qualified 
                bidders under such terms and conditions as are required 
                by the Secretary.
                    (B) Bidding systems.--
                            (i) In general.--In offering the sites for 
                        lease, the Secretary may vary the bidding 
                        systems to be used at each lease sale, 
                        including--
                                    (I) cash bonus bids with a 
                                requirement for payment of the royalty 
                                established under this Act;
                                    (II) variable royalty bids based on 
                                a percentage of the gross proceeds from 
                                the sale of electricity produced from 
                                the lease, except that the royalty 
                                shall not be less than the royalty 
                                required under this Act, together with 
                                a fixed cash bonus; and
                                    (III) such other bidding system as 
                                ensures a fair return to the public 
                                consistent with the royalty established 
                                under this Act.
                            (ii) Round.--The Secretary shall limit 
                        bidding to 1 round in any lease sale.
                            (iii) Expenditures.--In any case in which 
                        the land that is subject to lease has 1 or more 
                        pending applications for the development of 
                        wind or solar energy at the time of the lease 
                        sale, the Secretary shall give credit toward 
                        any bid submitted by the applicant for 
                        expenditures of the applicant considered by the 
                        Secretary to be qualified and necessary for the 
                        preparation of the application.
                    (C) Revenues.--Bonus bids, royalties, rentals, 
                fees, or other payments collected by the Secretary 
                under this section shall be subject to section 174.
                    (D) Lease terms.--
                            (i) In general.--As part of the pilot 
                        program, the Secretary may vary the length of 
                        the lease terms and establish such other lease 
                        terms and conditions as the Secretary considers 
                        appropriate.
                            (ii) Data collection.--As part of the pilot 
                        program, the Secretary shall--
                                    (I) offer on a noncompetitive basis 
                                on at least 1 site a short-term lease 
                                for data collection; and
                                    (II) on the expiration of the 
                                short-term lease, offer on a 
                                competitive basis a long-term lease, 
                                giving credit toward the bonus bid to 
                                the holder of the short-term lease for 
                                any qualified expenditures to collect 
                                data to develop the site during the 
                                short-term lease.
            (5) Compliance with laws.--In offering for lease the 
        selected sites under paragraph (4), the Secretary shall comply 
        with all applicable environmental and other laws.
            (6) Report.--The Secretary shall--
                    (A) compile a report of the results of each lease 
                sale under the pilot program, including--
                            (i) the level of competitive interest;
                            (ii) a summary of bids and revenues 
                        received; and
                            (iii) any other factors that may have 
                        impacted the lease sale process; and
                    (B) not later than 90 days after the final lease 
                sale, submit to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives the report 
                described in subparagraph (A).
            (7) Rights-of-way.--During the pendency of the pilot 
        program, the Secretary shall continue to issue rights-of-way, 
        in compliance with authority in effect on the date of enactment 
        of this Act, for available sites not selected for the pilot 
        program.
    (b) Secretarial Determination.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretaries shall make a joint 
        determination on whether to establish a leasing program under 
        this section for wind or solar energy, or both, on all covered 
        land.
            (2) System.--If the Secretaries determine that a leasing 
        program should be established, the program shall apply to all 
        covered land in accordance with this Act and other provisions 
        of law applicable to public land or National Forest System 
        land.
            (3) Establishment.--The Secretaries shall establish a 
        leasing program unless the Secretaries determine that the 
        program--
                    (A) is not in the public interest; and
                    (B) does not provide an effective means of 
                developing wind or solar energy.
            (4) Consultation.--In making the determinations required 
        under this subsection, the Secretaries shall consult with--
                    (A) the heads of other relevant Federal agencies;
                    (B) interested States, Indian tribes, and local 
                governments;
                    (C) representatives of the solar and wind 
                industries;
                    (D) representatives of the environment, 
                conservation, and outdoor sporting communities;
                    (E) other users of the covered land; and
                    (F) the public.
            (5) Considerations.--In making the determinations required 
        under this subsection, the Secretaries shall consider the 
        results of the pilot program.
            (6) Regulations.--Not later than 1 year after the date on 
        which any determination is made to establish a leasing program, 
        the Secretaries shall jointly promulgate final regulations to 
        implement the program.
            (7) Report.--If the Secretaries determine that a leasing 
        program should not be established, not later than 60 days after 
        the date of the determination, the Secretaries shall jointly 
        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 describing the basis and findings for 
        the determination.
    (c) Transition.--
            (1) In general.--If the Secretaries determine under 
        subsection (b) that a leasing program should be established for 
        covered land, until the program is established and final 
        regulations for the program are issued--
                    (A) the Secretary shall continue to accept 
                applications for rights-of-way on covered land, and 
                provide for the issuance of rights-of-way on covered 
                land within the jurisdiction of the Secretary for the 
                development of wind or solar energy pursuant to each 
                requirement described in title V of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1761 et 
                seq.) and other applicable law; and
                    (B) the Secretary of Agriculture shall continue to 
                accept applications for authorizations, and provide for 
                the issuance of the authorizations, for the development 
                of wind or solar energy on covered land within the 
                jurisdiction of the Secretary pursuant to applicable 
                law.
            (2) Existing rights-of-way and authorizations.--
                    (A) In general.--Effective beginning on the date on 
                which the wind or solar leasing programs are 
                established and final regulations are issued, the 
                Secretaries shall not renew an existing right-of-way or 
                other authorization for wind or solar energy 
                development at the end of the term of the right-of-way 
                or authorization.
                    (B) Lease.--
                            (i) In general.--Subject to clause (ii), at 
                        the end of the term of the right-of-way or 
                        other authorization for the wind or solar 
                        energy project, the Secretary or, in the case 
                        of National Forest System land, the Secretary 
                        of Agriculture, shall grant, without a 
                        competitive process, a lease to the holder of 
                        the right-of-way or other authorization for the 
                        same covered land as was authorized under the 
                        right-of-way or other authorization if (as 
                        determined by the Secretary concerned)--
                                    (I) the holder of the right-of-way 
                                or other authorization has met the 
                                requirements of diligent development; 
                                and
                                    (II) issuance of the lease is in 
                                the public interest and consistent with 
                                applicable law.
                            (ii) Terms and conditions.--Any lease 
                        described in clause (i) shall be subject to--
                                    (I) terms and conditions that are 
                                consistent with this Act and the 
                                regulations issued under this Act; and
                                    (II) the regulations in effect on 
                                the date of renewal and any other terms 
                                and conditions that the Secretary 
                                considers necessary to protect the 
                                public interest.
            (3) Pending rights-of-way.--Effective beginning on the date 
        on which the wind or solar leasing programs are established and 
        final regulations for the programs are issued, the Secretary 
        or, with respect to National Forest System land, the Secretary 
        of Agriculture shall provide any applicant that has filed a 
        plan of development for a right-of-way or, in the case of 
        National Forest System land, for an applicable authorization, 
        for a wind or solar energy project with an option to acquire a 
        lease on a noncompetitive basis, under such terms and 
        conditions as are required by this Act, applicable regulations, 
        and the Secretary concerned, for the same covered land included 
        in the plan of development if--
                    (A) the plan of development has been determined by 
                the Secretary concerned to be adequate for the 
                initiation of environmental review;
                    (B) granting the lease is consistent with all 
                applicable land use planning, environmental, and other 
                laws;
                    (C) the applicant has made a good faith effort to 
                obtain a right-of-way or, in the case of National 
                Forest System land, other authorization, for the 
                project; and
                    (D) issuance of the lease is in the public 
                interest.
    (d) Leasing Program.--If the Secretaries determine under subsection 
(b) that a leasing program should be established, the program shall be 
established in accordance with subsections (e) through (k).
    (e) Competitive Leases.--
            (1) In general.--Except as provided in paragraph (2), 
        leases for wind or solar energy development under this section 
        shall be issued on a competitive basis with a single round of 
        bidding in any lease sale.
            (2) Exceptions.--Paragraph (1) shall not apply if the 
        Secretary or, with respect to National Forest System land, the 
        Secretary of Agriculture determines that--
                    (A) no competitive interest exists for the covered 
                land;
                    (B) the public interest would not be served by the 
                competitive issuance of a lease;
                    (C) the lease is for the placement and operation of 
                a meteorological or data collection facility or for the 
                development or demonstration of a new wind or solar 
                technology and has a term of not more than 5 years; or
                    (D) the covered land is eligible to be granted a 
                noncompetitive lease under subsection (c).
    (f) Payments.--
            (1) In general.--The Secretaries shall jointly establish 
        fees, rentals, bonuses, or other payments to ensure a fair 
        return to the United States for any lease issued under this 
        section.
            (2) Bonus bids.--The Secretaries may grant credit toward 
        any bonus bid for a qualified expenditure by the holder of a 
        lease described in subsection (e)(2)(C) in any competitive 
        lease sale held for a long-term lease covering the same land 
        covered by the lease described in subsection (e)(2)(C).
    (g) Qualifications.--Prior to any lease sale, the Secretary shall 
establish qualifications for bidders that ensure bidders meet the 
requirements described in subsection (a)(3).
    (h) Requirements.--The Secretaries shall ensure that any activity 
under a leasing program is carried out in a manner that--
            (1) is consistent with all applicable land use planning, 
        environmental, and other laws; and
            (2) provides for--
                    (A) safety;
                    (B) protection of the environment and fish and 
                wildlife habitat;
                    (C) mitigation of impacts;
                    (D) prevention of waste;
                    (E) diligent development of the resource, with 
                specific milestones to be met by the lessee as 
                determined by the Secretaries;
                    (F) coordination with applicable Federal agencies;
                    (G) a fair return to the United States for any 
                lease;
                    (H) use of best management practices, including 
                planning and practices for mitigation of impacts;
                    (I) public notice and comment on any proposal 
                submitted for a lease under this section;
                    (J) oversight, inspection, research, monitoring, 
                and enforcement relating to a lease under this section;
                    (K) the quantity of acreage to be commensurate with 
                the size of the project covered by a lease; and
                    (L) efficient use of water resources.
    (i) Lease Duration, Suspension, and Cancellation.--
            (1) Duration.--A lease under this section shall be for--
                    (A) an initial term of 25 years; and
                    (B) any additional period after the initial term 
                during which electricity is being produced annually in 
                commercial quantities from the lease.
            (2) Administration.--The Secretary shall establish terms 
        and conditions for the issuance, transfer, renewal, suspension, 
        and cancellation of a lease under this section.
            (3) Readjustment.--
                    (A) In general.--Royalties, rentals, and other 
                terms and conditions of a lease under this section 
                shall be subject to readjustment--
                            (i) on the date that is 15 years after the 
                        date on which the lease is issued; and
                            (ii) every 10 years thereafter.
                    (B) Lease.--Each lease issued under this Act shall 
                provide for readjustment in accordance with 
                subparagraph (A).
    (j) Surface-Disturbing Activities.--The Secretaries shall--
            (1) regulate all surface-disturbing activities conducted 
        pursuant to any lease issued under this section; and
            (2) require any necessary reclamation and other actions 
        under the lease as are required in the interest of conservation 
        of surface resources.
    (k) Security.--The Secretaries shall require the holder of a lease 
issued under this section--
            (1) to furnish a surety bond or other form of security, as 
        prescribed by the Secretaries;
            (2) to provide for the reclamation and restoration of the 
        area covered by the lease; and
            (3) to comply with such other requirements as the 
        Secretaries consider necessary to protect the interests of the 
        public and the United States.
    (l) Periodic Review.--Not less frequently than once every 5 years, 
the Secretary shall conduct a review of the adequacy of the surety bond 
or other form of security provided by the holder of a lease issued 
under this section.

SEC. 174. DISPOSITION OF REVENUES.

    (a) Disposition of Revenues.--Of the amounts collected as bonus 
bids, royalties, rentals, fees, or other payments under a right-of-way, 
permit, lease, or other authorization for the development of wind or 
solar energy on covered land--
            (1) 25 percent shall be paid by the Secretary of the 
        Treasury to the State within the boundaries of which the income 
        is derived;
            (2) 25 percent shall be paid by the Secretary of the 
        Treasury to the 1 or more counties within the boundaries of 
        which the income is derived; and
            (3) 50 percent shall be deposited in the Treasury of the 
        United States.
    (b) Payments to States and Counties.--Amounts paid to States and 
counties under subsection (a) shall be used consistent with section 35 
of the Mineral Leasing Act (30 U.S.C. 191).

                  Subtitle H--Miscellaneous Provisions

SEC. 181. MILITARY OPERATIONS.

    The Secretary shall consult with the Secretary of Defense regarding 
military operations needs in the waters of the outer Continental Shelf. 
The Secretary shall work with the Secretary of Defense to resolve any 
conflicts that might arise between such operations and leasing under 
this subtitle. If the Secretaries are unable to resolve all such 
conflicts, any unresolved issues shall be referred by the Secretaries 
to the President within 90 days for immediate resolution.

SEC. 182. ENVIRONMENTAL SENSITIVITY ANALYSIS UNDER THE PROGRAM.

    (a) Environmental Sensitivity Index.--The Environmental Sensitivity 
Index, developed by the National Oceanic and Atmospheric 
Administration, which considers the sensitivity of different shoreline 
areas to oil spills, and the ranking under the program of the areas of 
the outer Continental Shelf based upon the Environmental Sensitivity 
Index, satisfies the requirements of section 18 of the Act (43 U.S.C. 
1344), including the requirement to consider the relative environmental 
sensitivity of different areas of the outer Continental Shelf under 
section 18(a)(2)(G) of the Act (43 U.S.C. 1344(a)(2)(G)).
    (b) Program Deemed Sufficient.--The Final Outer Continental Shelf 
Oil and Gas Leasing Program, 2007-2012, is deemed to meet all 
requirements of section 18 of the Act (43 U.S.C. 1344) and is effective 
as of the date on which the Secretary made that program effective.

SEC. 183. VALIDITY OF EXISTING LEASES.

    Any lease heretofore issued pursuant to a lease sale held under the 
Final Outer Continental Shelf Oil and Gas Leasing Program, 2007-2012, 
including any lease issued pursuant to Lease Sale 193 or 213, is deemed 
to be in full compliance with the Act and all other legal requirements.

SEC. 184. INTEGRITY OF LEASE SALES AND LEASING SCHEDULE.

    (a) Leasing During Judicial or Administrative Review.--Section 
18(d)(3) of the Act (43 U.S.C. 1344(d)(3)) is amended to read as 
follows:
    ``(3) After the leasing program has been approved by the Secretary, 
except as otherwise provided by applicable law, no lease shall be 
issued unless it is for an area included in the approved leasing 
program and unless it contains provisions consistent with the approved 
leasing program, except that leasing shall continue for so long as such 
program is under judicial or administrative review pursuant to this 
Act, including any administrative review occasioned by the remand of 
such program as a result of judicial review. Any lease issued pursuant 
to a lease sale held in the period that the approved leasing program is 
under judicial or administrative review is deemed to have been issued 
pursuant to an approved leasing program.''.
    (b) Court Action Upon Appeal.--The last sentence of section 
23(c)(6) of the Act (43 U.S.C. 1349(c)(6)) is amended to read as 
follows: ``The court may affirm or modify any order or decision or may 
remand the proceedings to the Secretary for such further action as it 
may direct.''.

SEC. 185. AUTHORITY TO CONDUCT OFFSHORE DRILLING UNDER APPROVED 
              PERMITS.

    (a) In General.--Subject to subsection (b), each holder of a permit 
issued pursuant to an application for a permit to drill, including an 
application for a permit to sidetrack, that was approved by the 
Minerals Management Service before May 3, 2010, for purposes of outer 
Continental Shelf energy exploration or development and production may 
conduct all operations authorized under the terms of the permit 
(including all exploration plans, development operations coordination 
documents, and development production plans submitted for the permit)--
            (1) without further review by the Bureau of Ocean Energy 
        Management, Regulation and Enforcement and Bureau of Safety and 
        Environmental Enforcement; and
            (2) without further review or delay under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
        any other similar statutes, including the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.) or the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
    (b) Operations.--Operations conducted under subsection (a) shall be 
carried out in accordance with the safety protocols contained in part 
250 of title 30, Code of Federal Regulations.
    (c) Review of Compliance.--This section does not prohibit review of 
compliance with the terms of such a permit.

SEC. 186. TIME REQUIREMENT TO ACT ON OIL AND NATURAL GAS DRILLING 
              PERMITS.

    Subsection (d) of section 11 of the Act (43 U.S.C. 1340) is amended 
by designating the existing text as paragraph (1) and adding at the end 
the following:
            ``(2)(A) The Secretary shall approve or disapprove any 
        application for a permit for drilling a well under an approved 
        exploration or development plan, or any application to amend a 
        previously approved permit, within 30 days after its 
        submission, except that the Secretary may disapprove such 
        permit only upon a determination that--
                    ``(i) any proposed activity under the permit would 
                result in any condition described in section 
                5(a)(2)(A)(i); and
                    ``(ii) such proposed activity cannot be modified to 
                avoid such condition.
            ``(B) The Secretary may request additional information from 
        the applicant prior to approving or disapproving such 
        application, but the request for additional information must be 
        received by the applicant within 15 days after submission of 
        the application to the Secretary. Upon receipt of the 
        additional information requested by the Secretary, the 
        Secretary shall approve or disapprove the application within 15 
        days in accordance with this subsection. If the Secretary 
        disapproves a permit application or an amended permit 
        application pursuant to this subsection, and there is no other 
        well on the lease tract capable of production in paying 
        quantities, within 90 days after receipt of a final disapproval 
        decision all record title holders of the lease may request 
        cancellation of the lease, and within 60 days after receipt of 
        such cancellation request the Secretary shall pay to the record 
        title holders the amount of any bonus bid paid for such lease. 
        The Secretary shall make such payment from amounts that 
        otherwise would be credited to miscellaneous receipts pursuant 
        to section 9.''.

SEC. 187. TIMELY ISSUANCE OF ONSHORE OIL AND GAS LEASES.

    Section 17(a)(1) of the Mineral Leasing Act (30 U.S.C. 
226(b)(1)(A)) is amended by striking ``Leases shall be issued within 60 
days following payment by the successful bidder of the remainder of the 
bonus bid, if any, and the annual rental for the first lease year.'' 
and inserting ``Unless the Secretary issues a lease sooner, leases 
shall automatically issue exactly 60 days following payment by the 
successful bidder of the remainder of the bonus bid, if any, and the 
annual rental for the first lease year. The filing of any protest to 
the sale or issuance of a lease shall not act to extend the date by 
which the lease is to be issued following payment by the successful 
bidder under the preceding sentence, nor shall the issuance of a lease 
be delayed or deferred beyond 60 days following payment by the 
successful bidder pending resolution of a protest to the sale or 
issuance of the lease.''.

SEC. 188. STATE AUDITING.

    Where authority is ceded to States to audit processing and 
transportation for purposes of royalty calculation under section 205 of 
the Royalty Simplification and Fairness Act of 1996, State auditors 
shall provide background methodology and supporting detail to the payor 
for audit findings; including formulas and supporting worksheets 
detailing the calculations used when costs from processing plants and 
transportation providers are disallowed by the State auditor. The State 
shall seek written authority from the processors and transporters to 
provide this information when necessary and requested.

                TITLE II--CONTINENTAL PIPELINE APPROVAL

SEC. 201. 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 August 26, 2011, 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. 202. 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 Act, or 
        any decision or action taken, made, granted, or issued, or 
        deemed to be taken, made, granted, or issued under this Act; 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 Act.
    (b) Deadline for Filing Claim.--A claim arising under this Act 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. 203. 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. 204. 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. 205. 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 201, 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. 206. 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. 207. 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.

              TITLE III--RADIOLOGICAL MATERIAL REPOSITORY

SEC. 301. RADIOLOGICAL MATERIAL REPOSITORY.

    (a) Repository Required.--The Federal Government shall site and 
permit at least one radiological material geologic repository for the 
disposal of radiological material.
    (b) Yucca Mountain.--
            (1) In general.--The repository site at Yucca Mountain 
        shall remain the site for the Nation's radiological material 
        repository following full statutory review of the Department of 
        Energy's license application to construct the Yucca Mountain 
        repository.
            (2) Application.--The Nuclear Regulatory Commission shall 
        continue to review the Department of Energy's pending license 
        application to construct the repository at Yucca Mountain until 
        a determination is made on the merits of the application.
    (c) Deadlines.--
            (1) Suitability determination.--Not later than 90 days 
        after the enactment of this Act, the Nuclear Regulatory 
        Commission shall make a determination regarding the suitability 
        of Yucca Mountain under subsection (a).
            (2) Action on application.--Not later than 180 days after 
        the enactment of this Act, the Nuclear Regulatory Commission 
        shall approve the application under subsection (b).
    (d) Limitations on Amount of Radiological Material.--All statutory 
limitations on the amount of radiological material that can be placed 
in Yucca Mountain are hereby removed and shall be replaced by the 
Nuclear Regulatory Commission with new limits based on scientific and 
technical analysis of the full capacity of Yucca Mountain for the 
storage of radiological material.

     TITLE IV--RELIEF FROM REGULATIONS AND PROHIBITIONS THAT CAUSE 
                       ARTIFICIAL PRICE INCREASES

SEC. 401. ENDANGERED SPECIES ACT OF 1973 REFORM.

    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is 
amended--
            (1) by striking ``best scientific and commercial data 
        available'' each place it appears and inserting ``best 
        scientific and economic data available at the time, including 
        analysis of the costs and benefits of the matter under 
        consideration''; and
            (2) by adding at the end the following:

``SEC. 19. SCOPE.

    ``Nothing in this Act shall be construed to authorize the use of 
this Act or the rules and regulations promulgated pursuant to this Act 
to regulate greenhouse gas emissions.''.

SEC. 402. REPEAL OF EPA CLIMATE CHANGE REGULATION.

    (a) Greenhouse Gas Regulation Under Clean Air Act.--Section 302(g) 
of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the 
following at the end thereof: ``The term `air pollutant' does not 
include carbon dioxide, water vapor, methane, nitrous oxide, 
hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.''.
    (b) No Regulation of Climate Change.--Nothing in the Clean Air Act 
(42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.), shall be treated as authorizing or requiring the regulation of 
climate change or global warming.

SEC. 403. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS PURCHASING 
              REQUIREMENT.

    Section 526 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17142) is repealed.

SEC. 404. REPEAL OF ETHANOL MANDATES.

    Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o); relating to 
the Renewable Fuel Program) is repealed.

                        TITLE V--REFINERY REFORM

SEC. 501. REFINERY PERMITTING PROCESS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Expansion.--The term ``expansion'' means a physical 
        change that results in an increase in the capacity of a 
        refinery.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Permit.--The term ``permit'' means any permit, license, 
        approval, variance, or other form of authorization that a 
        refiner is required to obtain--
                    (A) under any Federal law; or
                    (B) from a State or Indian tribal government agency 
                delegated authority by the Federal Government, or 
                authorized under Federal law, to issue permits.
            (5) Refiner.--The term ``refiner'' means a person that--
                    (A) owns or operates a refinery; or
                    (B) seeks to become an owner or operator of a 
                refinery.
            (6) Refinery.--
                    (A) In general.--The term ``refinery'' means--
                            (i) a facility at which crude oil is 
                        refined into transportation fuel or other 
                        petroleum products; and
                            (ii) a coal liquification or coal-to-liquid 
                        facility at which coal is processed into 
                        synthetic crude oil or any other fuel.
                    (B) Inclusions.--The term ``refinery'' includes an 
                expansion of a refinery.
            (7) Refinery permitting agreement.--The term ``refinery 
        permitting agreement'' means an agreement entered into between 
        the Administrator and a State or Indian tribe under subsection 
        (b).
            (8) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
    (b) Streamlining of Refinery Permitting Process.--
            (1) In general.--At the request of the Governor of a State 
        or the governing body of an Indian tribe, the Administrator 
        shall enter into a refinery permitting agreement with the State 
        or Indian tribe under which the process for obtaining all 
        permits necessary for the construction and operation of a 
        refinery shall be streamlined using a systematic 
        interdisciplinary multimedia approach as provided in this 
        section.
            (2) Authority of administrator.--Under a refinery 
        permitting agreement the Administrator shall have authority, as 
        applicable and necessary, to--
                    (A) accept from a refiner a consolidated 
                application for all permits that the refiner is 
                required to obtain to construct and operate a refinery;
                    (B) in consultation and cooperation with each 
                Federal, State, or Indian tribal government agency that 
                is required to make any determination to authorize the 
                issuance of a permit, establish a schedule under which 
                each agency shall--
                            (i) concurrently consider, to the maximum 
                        extent practicable, each determination to be 
                        made; and
                            (ii) complete each step in the permitting 
                        process; and
                    (C) issue a consolidated permit that combines all 
                permits issued under the schedule established under 
                subparagraph (B).
            (3) Agreement by the state.--Under a refinery permitting 
        agreement, a State or governing body of an Indian tribe shall 
        agree that--
                    (A) the Administrator shall have each of the 
                authorities described in paragraph (2); and
                    (B) each State or Indian tribal government agency 
                shall--
                            (i) in accordance with State law, make such 
                        structural and operational changes in the 
                        agencies as are necessary to enable the 
                        agencies to carry out consolidated project-wide 
                        permit reviews concurrently and in coordination 
                        with the Environmental Protection Agency and 
                        other Federal agencies; and
                            (ii) comply, to the maximum extent 
                        practicable, with the applicable schedule 
                        established under paragraph (2)(B).
            (4) Deadlines.--
                    (A) New refineries.--In the case of a consolidated 
                permit for the construction of a new refinery, the 
                Administrator and the State or governing body of an 
                Indian tribe shall approve or disapprove the 
                consolidated permit not later than--
                            (i) 365 days after the date of the receipt 
                        of the administratively complete application 
                        for the consolidated permit; or
                            (ii) on agreement of the applicant, the 
                        Administrator, and the State or governing body 
                        of the Indian tribe, 90 days after the 
                        expiration of the deadline established under 
                        clause (i).
                    (B) Expansion of existing refineries.--In the case 
                of a consolidated permit for the expansion of an 
                existing refinery, the Administrator and the State or 
                governing body of an Indian tribe shall approve or 
                disapprove the consolidated permit not later than--
                            (i) 120 days after the date of the receipt 
                        of the administratively complete application 
                        for the consolidated permit; or
                            (ii) on agreement of the applicant, the 
                        Administrator, and the State or governing body 
                        of the Indian tribe, 30 days after the 
                        expiration of the deadline established under 
                        clause (i).
            (5) Federal agencies.--Each Federal agency that is required 
        to make any determination to authorize the issuance of a permit 
        shall comply with the applicable schedule established under 
        paragraph (2)(B).
            (6) Judicial review.--Any civil action for review of any 
        permit determination under a refinery permitting agreement 
        shall be brought exclusively in the United States district 
        court for the district in which the refinery is located or 
        proposed to be located.
            (7) Efficient permit review.--In order to reduce the 
        duplication of procedures, the Administrator shall use State 
        permitting and monitoring procedures to satisfy substantially 
        equivalent Federal requirements under this title.
            (8) Severability.--If 1 or more permits that are required 
        for the construction or operation of a refinery are not 
        approved on or before any deadline established under paragraph 
        (4), the Administrator may issue a consolidated permit that 
        combines all other permits that the refiner is required to 
        obtain other than any permits that are not approved.
            (9) Savings.--Nothing in this subsection affects the 
        operation or implementation of otherwise applicable law 
        regarding permits necessary for the construction and operation 
        of a refinery.
            (10) Consultation with local governments.--Congress directs 
        the Administrator, States, and tribal governments to consult, 
        to the maximum extent practicable, with local governments in 
        carrying out this subsection.
            (11) Effect on local authority.--Nothing in this subsection 
        affects--
                    (A) the authority of a local government with 
                respect to the issuance of permits; or
                    (B) any requirement or ordinance of a local 
                government (such as a zoning regulation).

SEC. 502. EXISTING REFINERY PERMIT APPLICATION DEADLINE.

    Notwithstanding any other provision of law, applications for a 
permit for existing refinery applications shall not be considered to be 
timely if submitted after 120 days after the date of enactment of this 
Act.

SEC. 503. NEW REFINING CAPACITY ON CLOSED MILITARY INSTALLATIONS.

    (a) Definitions.--For purposes of this section--
            (1) the term ``base closure law'' means the Defense Base 
        Closure and Realignment Act of 1990 (part A of title XXIX of 
        Public Law 101-510; 10 U.S.C. 2687 note) and title II of the 
        Defense Authorization Amendments and Base Closure and 
        Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note);
            (2) the term ``closed military installation'' means a 
        military installation closed or approved for closure pursuant 
        to a base closure law;
            (3) the term ``designated refinery'' means a refinery 
        designated under subsection (b)(1);
            (4) the term ``Federal refinery authorization''--
                    (A) means any authorization required under Federal 
                law, whether administered by a Federal or State 
                administrative agency or official, with respect to 
                siting, construction, expansion, or operation of a 
                refinery; and
                    (B) includes any permits, special use 
                authorizations, certifications, opinions, or other 
                approvals required under Federal law with respect to 
                siting, construction, expansion, or operation of a 
                refinery;
            (5) the term ``refinery'' means--
                    (A) a facility designed and operated to receive, 
                load, unload, store, transport, process, and refine 
                crude oil by any chemical or physical process, 
                including distillation, fluid catalytic cracking, 
                hydrocracking, coking, alkylation, etherification, 
                polymerization, catalytic reforming, isomerization, 
                hydrotreating, blending, and any combination thereof, 
                in order to produce gasoline or other fuel; or
                    (B) a facility designed and operated to receive, 
                load, unload, store, transport, process, and refine 
                coal by any chemical or physical process, including 
                liquefaction, in order to produce gasoline, diesel, or 
                other liquid fuel as its primary output;
            (6) the term ``Secretary'' means the Secretary of Energy; 
        and
            (7) the term ``State'' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, and any other 
        territory or possession of the United States.
    (b) State Participation and Presidential Designation.--
            (1) Designation requirement.--Not later than 90 days after 
        the date of enactment of this Act, the President shall 
        designate no less than 3 closed military installations, or 
        portions thereof, subject to paragraph (3)(B), that are 
        appropriate for the purposes of siting a refinery.
            (2) Analysis of refinery sites.--In considering any site 
        for possible designation under paragraph (1), the President 
        shall conduct an analysis of--
                    (A) the availability of crude oil supplies to the 
                site, including supplies from domestic production of 
                shale oil and tar sands and other strategic 
                unconventional fuels;
                    (B) the distribution of the Nation's refined 
                petroleum product demand;
                    (C) whether such site is in close proximity to 
                substantial pipeline infrastructure, including both 
                crude oil and refined petroleum product pipelines, and 
                potential infrastructure feasibility;
                    (D) the need to diversify the geographical location 
                of the domestic refining capacity;
                    (E) the effect that increased refined petroleum 
                products from a refinery on that site may have on the 
                price and supply of gasoline to consumers;
                    (F) the impact of locating a refinery on the site 
                on the readiness and operations of the Armed Forces; 
                and
                    (G) such other factors as the President considers 
                appropriate.
            (3) Sale or disposal.--
                    (A) Designation.--Except as provided in 
                subparagraph (B), until the expiration of 2 years after 
                the date of enactment of this Act, the Federal 
                Government shall not sell or otherwise dispose of the 
                military installations designated pursuant to paragraph 
                (1).
                    (B) Governor's objection.--No site may be used for 
                a refinery under this section if, not later than 60 
                days after designation of the site under paragraph (1), 
                the Governor of the State in which the site is located 
                transmits to the President an objection to the 
                designation, unless, not later than 60 days after the 
                President receives such objection, the Congress has by 
                law overridden the objection.
            (4) Redevelopment authority.--With respect to a closed 
        military installation, or portion thereof, designated by the 
        President as a potentially suitable refinery site pursuant to 
        paragraph (1)--
                    (A) the redevelopment authority for the 
                installation, in preparing or revising the 
                redevelopment plan for the installation, shall consider 
                the feasibility and practicability of siting a refinery 
                on the installation; and
                    (B) the Secretary of Defense, in managing and 
                disposing of real property at the installation pursuant 
                to the base closure law applicable to the installation, 
                shall give substantial deference to the recommendations 
                of the redevelopment authority, as contained in the 
                redevelopment plan for the installation, regarding the 
                siting of a refinery on the installation.
    (c) Process Coordination and Rules of Procedure.--
            (1) Designation as lead agency.--
                    (A) In general.--The Department of Energy shall act 
                as the lead agency for the purposes of coordinating all 
                applicable Federal refinery authorizations and related 
                environmental reviews with respect to a designated 
                refinery.
                    (B) Other agencies.--Each Federal and State agency 
                or official required to provide a Federal refinery 
                authorization shall cooperate with the Secretary and 
                comply with the deadlines established by the Secretary.
            (2) Schedule.--
                    (A) Secretary's authority to set schedule.--The 
                Secretary shall establish a schedule for all Federal 
                refinery authorizations with respect to a designated 
                refinery. In establishing the schedule, the Secretary 
                shall--
                            (i) ensure expeditious completion of all 
                        such proceedings; and
                            (ii) accommodate the applicable schedules 
                        established by Federal law for such 
                        proceedings.
                    (B) Failure to meet schedule.--If a Federal or 
                State administrative agency or official does not 
                complete a proceeding for an approval that is required 
                for a Federal refinery authorization in accordance with 
                the schedule established by the Secretary under this 
                paragraph, the applicant may pursue remedies under 
                paragraph (4).
            (3) Consolidated record.--The Secretary shall, with the 
        cooperation of Federal and State administrative agencies and 
        officials, maintain a complete consolidated record of all 
        decisions made or actions taken by the Secretary or by a 
        Federal administrative agency or officer (or State 
        administrative agency or officer acting under delegated Federal 
        authority) with respect to any Federal refinery authorization. 
        Such record shall be the record for judicial review under 
        paragraph (4) of decisions made or actions taken by Federal and 
        State administrative agencies and officials, except that, if 
        the Court determines that the record does not contain 
        sufficient information, the Court may remand the proceeding to 
        the Secretary for further development of the consolidated 
        record.
            (4) Judicial review.--
                    (A) In general.--The United States Court of Appeals 
                for the District of Columbia shall have original and 
                exclusive jurisdiction over any civil action for the 
                review of--
                            (i) an order or action, related to a 
                        Federal refinery authorization, by a Federal or 
                        State administrative agency or official; and
                            (ii) an alleged failure to act by a Federal 
                        or State administrative agency or official 
                        acting pursuant to a Federal refinery 
                        authorization.
                The failure of an agency or official to act on a 
                Federal refinery authorization in accordance with the 
                Secretary's schedule established pursuant to paragraph 
                (2) shall be considered inconsistent with Federal law 
                for the purposes of subparagraph (B) of this paragraph.
                    (B) Court action.--If the Court finds that an order 
                or action described in subparagraph (A)(i) is 
                inconsistent with the Federal law governing such 
                Federal refinery authorization, or that a failure to 
                act as described in subparagraph (A)(ii) has occurred, 
                and the order, action, or failure to act would prevent 
                the siting, construction, expansion, or operation of 
                the designated refinery, the Court shall remand the 
                proceeding to the agency or official to take 
                appropriate action consistent with the order of the 
                Court. If the Court remands the order, action, or 
                failure to act to the Federal or State administrative 
                agency or official, the Court shall set a reasonable 
                schedule and deadline for the agency or official to act 
                on remand.
                    (C) Secretary's action.--For any civil action 
                brought under this paragraph, the Secretary shall 
                promptly file with the Court the consolidated record 
                compiled by the Secretary pursuant to paragraph (3).
                    (D) Expedited review.--The Court shall set any 
                civil action brought under this paragraph for expedited 
                consideration.
                    (E) Attorney's fees.--In any action challenging a 
                Federal refinery authorization that has been granted, 
                reasonable attorney's fees and other expenses of 
                litigation shall be awarded to the prevailing party. 
                This subparagraph shall not apply to any action seeking 
                remedies for denial of a Federal refinery authorization 
                or failure to act on an application for a Federal 
                refinery authorization.

                TITLE VI--REPEAL OF ENERGY TAX SUBSIDIES

SEC. 600. AMENDMENT OF 1986 CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Internal Revenue Code of 
1986.

SEC. 601. CORPORATE AND INDIVIDUAL INCOME TAX RATES REDUCED.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of the Treasury shall prescribe 
rates of tax in accordance with subsection (b) so that such rates as 
the Secretary estimates would result in--
            (1) a decrease in revenue to the Treasury for taxable years 
        beginning during the 10-year period beginning on the date of 
        the enactment of this Act, equal to
            (2) the increase in revenue for such taxable years by 
        reason of the amendments made by title I of this Act.
    (b) Prescribed Rates in Lieu of Statutory Rates.--For purposes of 
determining the decrease in revenues under subsection (a)(1)--
            (1) Corporate income tax rate.--In determining a flat rate 
        of tax in lieu of the rates of tax under paragraphs (1) and (2) 
        of section 11(b), section 1201(a), and paragraphs (1), (2), and 
        (6) of section 1445(e) of the Internal Revenue Code of 1986, 
        the Secretary shall take into account one-half of the revenue 
        increase described in subsection (a)(2).
            (2) Individual 10 percent income tax rate.--In determining 
        a rate of tax in lieu of the 10 percent rate under section 1(i) 
        of the Internal Revenue Code of 1986, the Secretary shall take 
        into account one-half of the revenue increase described in 
        subsection (a)(2).
    (c) Effective Date.--The rates of tax prescribed by the Secretary 
under subsection (a) shall apply to taxable years beginning more than 1 
year after the date of the enactment of this Act.

SEC. 602. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE 
              FUEL MIXTURES.

    (a) In General.--Section 6426 is repealed.
    (b) Conforming Amendments.--
            (1) Subparagraph (D) of section 6427(e)(6) is amended by 
        striking ``September 30, 2014'' and inserting ``December 31, 
        2013''.
            (2) Paragraph (1) of section 4101(a) is amended by striking 
        ``or alcohol (as defined in section 6426(b)(4)(A)''.
            (3) Paragraph (2) of section 4104(a) is amended by striking 
        ``6426, or 6427(e)''.
            (4) Subparagraph (E) of section 7704(d)(1) is amended--
                    (A) by inserting ``(as in effect on the day before 
                the date of the enactment of the Energy Exploration and 
                Production to Achieve National Demand Act)'' after ``of 
                section 6426'', and
                    (B) by inserting ``(as so in effect)'' after 
                ``section 6426(b)(4)(A)''.
            (5) Paragraph (1) of section 9503(b) is amended by striking 
        the second sentence.
    (c) Clerical Amendment.--The table of sections for subchapter B of 
chapter 65 is amended by striking the item relating to section 6426.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to fuel sold and used after December 31, 2014.

SEC. 603. REPEAL OF CREDIT FOR CERTAIN PLUG-IN ELECTRIC VEHICLES.

    (a) In General.--Section 30 is repealed.
    (b) Conforming Amendments.--
            (1) Paragraph (3) of section 24(b) is amended by striking 
        ``, 30''.
            (2) Clause (ii) of section 25(e)(1)(C) is amended by 
        striking ``, 30''.
            (3) Paragraph (2) of section 25B(g) is amended by striking 
        ``, 30''.
            (4) Paragraph (1) of section 26(a) is amended by striking 
        ``, 30''.
            (5) Subclause (VI) of section 48C(c)(1)(A)(i) is amended by 
        inserting ``(as in effect on the day before the date of the 
        enactment of the Energy Exploration and Production to Achieve 
        National Demand Act)'' after ``section 30(d)''.
            (6) Paragraph (3) of section 179A(c) is amended by 
        inserting ``(as in effect on the day before the date of the 
        enactment of the Energy Exploration and Production to Achieve 
        National Demand Act)'' after section ``30(c)''.
            (7) Subsection (a) of section 1016 is amended by striking 
        paragraph (25) and by redesignating paragraphs (26) through 
        (37) as paragraphs (25) through (36), respectively.
            (8) Subsection (m) of section 6501 is amended by striking 
        ``30(e)(6)''.
    (c) Clerical Amendment.--The table of sections for subpart B of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 30.
    (d) Effective Date.--The amendments made by this section shall 
apply to vehicles acquired after December 31, 2011.

SEC. 604. EARLY TERMINATION OF CREDIT FOR QUALIFIED FUEL CELL MOTOR 
              VEHICLES.

    (a) In General.--Section 30B is repealed.
    (b) Conforming Amendments.--
            (1) Subparagraph (A) of section 24(b)(3) is amended by 
        striking ``, 30B''.
            (2) Clause (ii) of section 25(e)(1)(C) is amended by 
        striking ``, 30B''.
            (3) Paragraph (2) of section 25B(g) is amended by striking 
        ``, 30B,''.
            (4) Paragraph (1) of section 26(a) is amended by striking 
        ``, 30B''.
            (5) Subsection (b) of section 38 is amended by striking 
        paragraph (25).
            (6) Subsection (a) of section 1016, as amended by section 
        602 of this Act, is amended by striking paragraph (33) and by 
        redesignating paragraphs (34), (35), and (36) as paragraphs 
        (33), (34), and (35), respectively.
            (7) Paragraph (2) of section 1400C(d) is amended by 
        striking ``, 30B''.
            (8) Subsection (m) of section 6501 is amended by striking 
        ``, 30B(h)(9)''.
    (c) Clerical Amendment.--The table of sections for subpart B of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 30B.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2014.

SEC. 605. REPEAL OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT.

    (a) In General.--Section 30C is repealed.
    (b) Conforming Amendments.--
            (1) Subsection (b) of section 38 is amended by striking 
        paragraph (26).
            (2) Paragraph (3) of section 55(c) is amended by striking 
        ``, 30C(d)(2),''.
            (3) Subsection (a) of section 1016, as amended by sections 
        602 and 603 of this Act, is amended by striking paragraph (33) 
        and by redesignating paragraphs (34) and (35) as paragraphs 
        (33) and (34), respectively.
            (4) Subsection (m) of section 6501 is amended by striking 
        ``, 30C(e)(5)''.
    (c) Clerical Amendment.--The table of sections for subpart B of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 30C.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2014.

SEC. 606. REPEAL OF CREDIT FOR ALCOHOL USED AS FUEL.

    (a) In General.--Section 40 is repealed.
    (b) Conforming Amendments.--
            (1) Subsection (b) of section 38 is amended by striking 
        paragraph (3).
            (2) Subsection (c) of section 196 is amended by striking 
        paragraph (3) and by redesignating paragraphs (4) through (14) 
        as paragraphs (3) through (13), respectively.
            (3) Paragraph (1) of section 4101(a) is amended by striking 
        ``, and every person producing cellulosic biofuel (as defined 
        in section 40(b)(6)(E))''.
            (4) Paragraph (1) of section 4104(a) is amended by striking 
        ``, 40''.
    (c) Effective Date.--The amendments made by this section shall 
apply to fuel sold or used after December 31, 2014.

SEC. 607. REPEAL OF CREDIT FOR BIODIESEL AND RENEWABLE DIESEL USED AS 
              FUEL.

    (a) In General.--Section 40A is repealed.
    (b) Conforming Amendment.--
            (1) Subsection (b) of section 38 is amended by striking 
        paragraph (17).
            (2) Section 87 is repealed.
            (3) Subsection (c) of section 196, as amended by section 
        606 of this Act, is amended by striking paragraph (11) and by 
        redesignating paragraphs (11), (12), and (13) as paragraphs 
        (10), (11), and (12), respectively.
            (4) Paragraph (1) of section 4101(a) is amended by striking 
        ``, every person producing or importing biodiesel (as defined 
        in section 40A(d)(1)''.
            (5) Paragraph (1) of section 4104(a) is amended by striking 
        ``, and 40A''.
            (6) Subparagraph (E) of section 7704(d)(1) is amended by 
        inserting ``(as so in effect)'' after ``section 40A(d)(1)''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 40A.
    (d) Effective Date.--The amendments made by this section shall 
apply to fuel produced, and sold or used, after December 31, 2014.

SEC. 608. REPEAL OF ENHANCED OIL RECOVERY CREDIT.

    (a) In General.--Section 43 is repealed.
    (b) Conforming Amendments.--
            (1) Subsection (b) of section 38 is amended by striking 
        paragraph (6).
            (2) Paragraph (4) of section 45Q(d) is amended by inserting 
        ``(as in effect on the day before the date of the enactment of 
        the Energy Exploration and Production to Achieve National 
        Demand Act)'' after ``section 43(c)(2)''.
            (3) Subsection (c) of section 196, as amended by sections 
        606 and 607 of this Act, is amended by striking paragraph (5) 
        and by redesignating paragraphs (6) through (12) as paragraphs 
        (5) through (11), respectively.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 43.
    (d) Effective Date.--The amendments made by this section shall 
apply to costs paid or incurred in taxable years beginning after 
December 31, 2014.

SEC. 609. TERMINATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN 
              RENEWABLE RESOURCES.

    (a) In General.--Section 45 is repealed.
    (b) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 45.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2014.

SEC. 610. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL 
              WELLS.

    (a) In General.--Section 45I is repealed.
    (b) Conforming Amendment.--Subsection (b) of section 38 is amended 
by striking paragraph (19).
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 45I.
    (d) Effective Date.--The amendments made by this section shall 
apply to production in taxable years beginning after December 31, 2014.

SEC. 611. TERMINATION OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR 
              POWER FACILITIES.

    (a) In General.--Subparagraph (B) of section 45J(d)(1) is amended 
by striking ``January 1, 2021'' and inserting ``January 1, 2015''.
    (b) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2014.

SEC. 612. REPEAL OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION.

    (a) In General.--Section 45Q is repealed.
    (b) Effective Date.--The amendment made by this section shall apply 
to carbon dioxide captured after December 31, 2014.

SEC. 613. TERMINATION OF ENERGY CREDIT.

    (a) In General.--Section 48 is amended--
            (1) by striking ``January 1, 2017'' each place it appears 
        and inserting ``January 1, 2015'', and
            (2) by striking ``December 31, 2016'' each place it appears 
        and inserting ``December 31, 2014''.
    (b) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2014.

SEC. 614. REPEAL OF QUALIFYING ADVANCED COAL PROJECT.

    (a) In General.--Section 48A is repealed.
    (b) Conforming Amendment.--Section 46 is amended by striking 
paragraph (3) and by redesignating paragraphs (4), (5), and (6) as 
paragraphs (3), (4), and (5), respectively.
    (c) Clerical Amendment.--The table of sections for subpart E of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 48A.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2014.

SEC. 615. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT.

    (a) In General.--Section 48B is repealed.
    (b) Conforming Amendment.--Section 46, as amended by section 614, 
is amended by striking paragraph (3) and by redesignating paragraphs 
(4) and (5) as paragraphs (3) and (4), respectively.
    (c) Clerical Amendment.--The table of sections for subpart E of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 48B.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2014.

SEC. 616. REPEAL OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 
              ENERGY GRANT PROGRAM.

    (a) In General.--Section 1603 of division B of the American 
Recovery and Reinvestment Act of 2009 is repealed.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2014.

SEC. 617. ELECTION TO EXPENSE PROPERTY USED IN THE PRODUCTION OF 
              ENERGY.

    (a) In General.--Part VI of subchapter B of chapter 1 is amended by 
inserting after section 179E the following new section:

``SEC. 179F. ELECTION TO EXPENSE PROPERTY USED IN THE PRODUCTION OF 
              ENERGY.

    ``(a) Treatment as Expenses.--A taxpayer may elect to treat the 
cost of any property used in the production of energy as an expense 
which is not chargeable to capital account. Any cost so treated shall 
be allowed as a deduction for the taxable year in which the property is 
placed in service.
    ``(b) Election.--
            ``(1) In general.--An election under this section for any 
        taxable year shall be made on the taxpayer's return of the tax 
        imposed by this chapter for the taxable year. Such election 
        shall specify the property to which the election applies and 
        shall be made in such manner as the Secretary may by 
        regulations prescribe.
            ``(2) Election irrevocable.--Any election made under this 
        section may not be revoked except with the consent of the 
        Secretary.
    ``(c) Property Used in the Production of Energy.--For purposes of 
this section, the term `property used in the production of energy' 
means property--
            ``(1) used in the production of energy,
            ``(2) the original use of which commences with the 
        taxpayer, and
            ``(3) which is placed in service by the taxpayer after the 
        date of the enactment of this section.
    ``(d) Coordination.--No expenditures shall be taken into account 
under subsection (a) with respect to the portion of the cost of any 
property taken into account in determining a credit or deduction under 
any other section of this chapter.
    ``(e) Basis Reduction.--For purposes of this subtitle, if a 
deduction is allowed under this section with respect to any property, 
the basis of such property shall be reduced by the amount of the 
deduction so allowed.
    ``(f) Reporting.--No deduction shall be allowed under subsection 
(a) to any taxpayer for any taxable year unless such taxpayer files 
with the Secretary a report containing such information with respect to 
the operation of the mines of the taxpayer as the Secretary shall 
require.''.
    (b) Conforming Amendments.--
            (1) Section 1016(a) is amended by striking ``and'' at the 
        end of paragraph (36), by striking the period at the end of 
        paragraph (37) and inserting ``, and'', and by adding at the 
        end the following new paragraph:
            ``(38) to the extent provided in section 179F(e).''.
            (2) Section 263(a)(1) of the Internal Revenue Code of 1986 
        (relating to capital expenditures) is amended by striking 
        ``or'' at the end of subparagraph (K), by striking the period 
        at the end of paragraph (L) and inserting ``, or'', and by 
        adding at the end the following new subparagraph:
                    ``(M) expenditures for which a deduction is allowed 
                under section 179F.''.
            (3) Section 1245(a) of such Code is amended by inserting 
        ``179F,'' after ``179E,'' both places it appears in paragraphs 
        (2)(C) and (3)(C).
            (4) The table of sections for part VI of subchapter B of 
        chapter 1 of such Code is amended by inserting after the item 
        relating to section 179E the following new item:

``Sec. 179F. Election to expense property used in the production of 
                            energy.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2014.

                      TITLE VII--REGULATORY RELIEF

SEC. 701. LEGISLATIVE STAY.

    (a) Establishment of Standards.--In place of the rules specified in 
subsection (b), and notwithstanding the date by which such rules would 
otherwise be required to be promulgated, the Administrator of the 
Environmental Protection Agency (in this title referred to as the 
``Administrator'') shall--
            (1) propose regulations for industrial, commercial, and 
        institutional boilers and process heaters, and commercial and 
        industrial solid waste incinerator units, subject to any of the 
        rules specified in subsection (b)--
                    (A) establishing maximum achievable control 
                technology standards, performance standards, and other 
                requirements under sections 112 and 129, as applicable, 
                of the Clean Air Act (42 U.S.C. 7412, 7429); and
                    (B) identifying non-hazardous secondary materials 
                that, when used as fuels or ingredients in combustion 
                units of such boilers, process heaters, or incinerator 
                units are solid waste under the Solid Waste Disposal 
                Act (42 U.S.C. 6901 et seq.; commonly referred to as 
                the ``Resource Conservation and Recovery Act'') for 
                purposes of determining the extent to which such 
                combustion units are required to meet the emissions 
                standards under section 112 of the Clean Air Act (42 
                U.S.C. 7412) or the emission standards under section 
                129 of such Act (42 U.S.C. 7429); and
            (2) finalize the regulations on the date that is 15 months 
        after the date of the enactment of this Act.
    (b) Stay of Earlier Rules.--The following rules are of no force or 
effect, shall be treated as though such rules had never taken effect, 
and shall be replaced as described in subsection (a):
            (1) ``National Emission Standards for Hazardous Air 
        Pollutants for Major Sources: Industrial, Commercial, and 
        Institutional Boilers and Process Heaters'', published at 76 
        Fed. Reg. 15608 (March 21, 2011).
            (2) ``National Emission Standards for Hazardous Air 
        Pollutants for Area Sources: Industrial, Commercial, and 
        Institutional Boilers'', published at 76 Fed. Reg. 15554 (March 
        21, 2011).
            (3) ``Standards of Performance for New Stationary Sources 
        and Emission Guidelines for Existing Sources: Commercial and 
        Industrial Solid Waste Incineration Units'', published at 76 
        Fed. Reg. 15704 (March 21, 2011).
            (4) ``Identification of Non-Hazardous Secondary Materials 
        That Are Solid Waste'', published at 76 Fed. Reg. 15456 (March 
        21, 2011).
    (c) Inapplicability of Certain Provisions.--With respect to any 
standard required by subsection (a) to be promulgated in regulations 
under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions 
of subsections (g)(2) and (j) of such section 112 shall not apply prior 
to the effective date of the standard specified in such regulations.

SEC. 702. COMPLIANCE DATES.

    (a) Establishment of Compliance Dates.--For each regulation 
promulgated pursuant to section 701, the Administrator--
            (1) shall establish a date for compliance with standards 
        and requirements under such regulation that is, notwithstanding 
        any other provision of law, not earlier than 5 years after the 
        effective date of the regulation; and
            (2) in proposing a date for such compliance, shall take 
        into consideration--
                    (A) the costs of achieving emissions reductions;
                    (B) any non-air quality health and environmental 
                impact and energy requirements of the standards and 
                requirements;
                    (C) the feasibility of implementing the standards 
                and requirements, including the time needed to--
                            (i) obtain necessary permit approvals; and
                            (ii) procure, install, and test control 
                        equipment;
                    (D) the availability of equipment, suppliers, and 
                labor, given the requirements of the regulation and 
                other proposed or finalized regulations of the 
                Environmental Protection Agency; and
                    (E) potential net employment impacts.
    (b) New Sources.--The date on which the Administrator proposes a 
regulation pursuant to section 701(a)(1) establishing an emission 
standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 
7429) shall be treated as the date on which the Administrator first 
proposes such a regulation for purposes of applying the definition of a 
new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4)) 
or the definition of a new solid waste incineration unit under section 
129(g)(2) of such Act (42 U.S.C. 7429(g)(2)).
    (c) Rule of Construction.--Nothing in this title shall be construed 
to restrict or otherwise affect the provisions of paragraphs (3)(B) and 
(4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)).

SEC. 703. ENERGY RECOVERY AND CONSERVATION.

    Notwithstanding any other provision of law, and to ensure the 
recovery and conservation of energy consistent with the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the 
``Resource Conservation and Recovery Act''), in promulgating rules 
under section 701(a) addressing the subject matter of the rules 
specified in paragraphs (3) and (4) of section 701(b), the 
Administrator--
            (1) shall adopt the definitions of the terms ``commercial 
        and industrial solid waste incineration unit'', ``commercial 
        and industrial waste'', and ``contained gaseous material'' in 
        the rule entitled ``Standards of Performance for New Stationary 
        Sources and Emission Guidelines for Existing Sources: 
        Commercial and Industrial Solid Waste Incineration Units'', 
        published at 65 Fed. Reg. 75338 (December 1, 2000); and
            (2) shall identify non-hazardous secondary material to be 
        solid waste only if--
                    (A) the material meets such definition of 
                commercial and industrial waste; or
                    (B) if the material is a gas, it meets such 
                definition of contained gaseous material.

SEC. 704. OTHER PROVISIONS.

    (a) Establishment of Standards Achievable in Practice.--In 
promulgating rules under section 701(a), the Administrator shall ensure 
that emissions standards for existing and new sources established under 
section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as 
applicable, can be met under actual operating conditions consistently 
and concurrently with emission standards for all other air pollutants 
regulated by the rule for the source category, taking into account 
variability in actual source performance, source design, fuels, inputs, 
controls, ability to measure the pollutant emissions, and operating 
conditions.
    (b) Regulatory Alternatives.--For each regulation promulgated 
pursuant to section 701(a), from among the range of regulatory 
alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et 
seq.) including work practice standards under section 112(h) of such 
Act (42 U.S.C. 7412(h)), the Administrator shall impose the least 
burdensome, consistent with the purposes of such Act and Executive 
Order No. 13563 published at 76 Fed. Reg. 3821 (January 21, 2011).

SEC. 705. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

    (a) Amendment to Subtitle D of the Solid Waste Disposal Act.--
Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is 
amended by adding at the end the following new section:

``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

    ``(a) State Permit Programs for Coal Combustion Residuals.--Each 
State may adopt and implement a coal combustion residuals permit 
program.
    ``(b) State Actions.--
            ``(1) Notification.--Not later than 6 months after the date 
        of enactment of this section (except as provided by the 
        deadline identified under subsection (d)(2)(B)), the Governor 
        of each State shall notify the Administrator, in writing, 
        whether such State will adopt and implement a coal combustion 
        residuals permit program.
            ``(2) Certification.--
                    ``(A) In general.--Not later than 36 months after 
                the date of enactment of this section (except as 
                provided in subsections (f)(1)(A) and (f)(1)(C)), in 
                the case of a State that has notified the Administrator 
                that it will implement a coal combustion residuals 
                permit program, the head of the lead State agency 
                responsible for implementing the coal combustion 
                residuals permit program shall submit to the 
                Administrator a certification that such coal combustion 
                residuals permit program meets the specifications 
                described in subsection (c)(1).
                    ``(B) Contents.--A certification submitted under 
                this paragraph shall include--
                            ``(i) a letter identifying the lead State 
                        agency responsible for implementing the coal 
                        combustion residuals permit program, signed by 
                        the head of such agency;
                            ``(ii) identification of any other State 
                        agencies involved with the implementation of 
                        the coal combustion residuals permit program;
                            ``(iii) a narrative description that 
                        provides an explanation of how the State will 
                        ensure that the coal combustion residuals 
                        permit program meets the requirements of this 
                        section, including a description of the 
                        State's--
                                    ``(I) process to inspect or 
                                otherwise determine compliance with 
                                such permit program;
                                    ``(II) process to enforce the 
                                requirements of such permit program; 
                                and
                                    ``(III) public participation 
                                process for the promulgation, 
                                amendment, or repeal of regulations 
                                for, and the issuance of permits under, 
                                such permit program;
                            ``(iv) a legal certification that the State 
                        has, at the time of certification, fully 
                        effective statutes or regulations necessary to 
                        implement a coal combustion residuals permit 
                        program that meets the specifications described 
                        in subsection (c)(1); and
                            ``(v) copies of State statutes and 
                        regulations described in clause (iv).
            ``(3) Maintenance of 4005(c) or 3006 program.--In order to 
        adopt or implement a coal combustion residuals permit program 
        under this section (including pursuant to subsection (f)), the 
        State agency responsible for implementing a coal combustion 
        residuals permit program in a State shall maintain an approved 
        program under section 4005(c) or an authorized program under 
        section 3006.
    ``(c) Permit Program Specifications.--
            ``(1) Minimum requirements.--The specifications described 
        in this subsection for a coal combustion residuals permit 
        program are as follows:
                    ``(A) The revised criteria described in paragraph 
                (2) shall apply to a coal combustion residuals permit 
                program, except as provided in paragraph (3).
                    ``(B) Each structure shall be, in accordance with 
                generally accepted engineering standards for the 
                structural integrity of such structures, designed, 
                constructed, and maintained to provide for containment 
                of the maximum volumes of coal combustion residuals 
                appropriate for the structure. If a structure is 
                determined by the head of the agency responsible for 
                implementing the coal combustion residuals permit 
                program to be deficient, the head of such agency has 
                authority to require action to correct the deficiency 
                according to a schedule determined by such agency. If 
                the identified deficiency is not corrected according to 
                such schedule, the head of such agency has authority to 
                require that the structure close in accordance with 
                subsection (h).
                    ``(C) The coal combustion residuals permit program 
                shall apply the revised criteria promulgated pursuant 
                to section 4010(c) for location, design, groundwater 
                monitoring, corrective action, financial assurance, 
                closure, and post-closure described in paragraph (2) 
                and the specifications described in this paragraph to 
                surface impoundments.
                    ``(D) If a structure that is classified as posing a 
                high hazard potential pursuant to the guidelines 
                published by the Federal Emergency Management Agency 
                entitled `Federal Guidelines for Dam Safety: Hazard 
                Potential Classification System for Dams' (FEMA 
                Publication Number 333) is determined by the head of 
                the agency responsible for implementing the coal 
                combustion residuals permit program to be deficient 
                with respect to the structural integrity requirement in 
                subparagraph (B), the head of such agency has authority 
                to require action to correct the deficiency according 
                to a schedule determined by such agency. If the 
                identified deficiency is not corrected according to 
                such schedule, the head of such agency has authority to 
                require that the structure close in accordance with 
                subsection (h).
                    ``(E) New structures that first receive coal 
                combustion residuals after the date of enactment of 
                this section shall be constructed with a base located a 
                minimum of two feet above the upper limit of the 
                natural water table.
                    ``(F) In the case of a coal combustion residuals 
                permit program implemented by a State, the State has 
                the authority to inspect structures and implement and 
                enforce such permit program.
                    ``(G) In the case of a coal combustion residuals 
                permit program implemented by a State, the State has 
                the authority to address wind dispersal of dust from 
                coal combustion residuals by requiring dust control 
                measures, as determined appropriate by the head of the 
                lead State agency responsible for implementing the coal 
                combustion residuals permit program.
            ``(2) Revised criteria.--The revised criteria described in 
        this paragraph are--
                    ``(A) the revised criteria for design, groundwater 
                monitoring, corrective action, closure, and post-
                closure, for structures, including--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals after the 
                        date of enactment of this section, the revised 
                        criteria regarding design requirements 
                        described in section 258.40 of title 40, Code 
                        of Federal Regulations; and
                            ``(ii) for all structures that receive coal 
                        combustion residuals after the date of 
                        enactment of this section, the revised criteria 
                        regarding groundwater monitoring and corrective 
                        action requirements described in subpart E of 
                        part 258 of title 40, Code of Federal 
                        Regulations, except that, for the purposes of 
                        this paragraph, such revised criteria shall 
                        also include--
                                    ``(I) for the purposes of detection 
                                monitoring, the constituents boron, 
                                chloride, conductivity, fluoride, 
                                mercury, pH, sulfate, sulfide, and 
                                total dissolved solids; and
                                    ``(II) for the purposes of 
                                assessment monitoring, the constituents 
                                aluminum, boron, chloride, fluoride, 
                                iron, manganese, molybdenum, pH, 
                                sulfate, and total dissolved solids;
                    ``(B) the revised criteria for location 
                restrictions described in--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals after the 
                        date of enactment of this section, sections 
                        258.11 through 258.15 of title 40, Code of 
                        Federal Regulations; and
                            ``(ii) for existing structures that receive 
                        coal combustion residuals after the date of 
                        enactment of this section, sections 258.11 and 
                        258.15 of title 40, Code of Federal 
                        Regulations;
                    ``(C) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for air quality 
                described in section 258.24 of title 40, Code of 
                Federal Regulations;
                    ``(D) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for financial 
                assurance described in subpart G of part 258 of title 
                40, Code of Federal Regulations;
                    ``(E) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for surface water 
                described in section 258.27 of title 40, Code of 
                Federal Regulations;
                    ``(F) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for recordkeeping 
                described in section 258.29 of title 40, Code of 
                Federal Regulations;
                    ``(G) for landfills and other land-based units, 
                other than surface impoundments, that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for run-on and run-
                off control systems described in section 258.26 of 
                title 40, Code of Federal Regulations; and
                    ``(H) for surface impoundments that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for run-off control 
                systems described in section 258.26(a)(2) of title 40, 
                Code of Federal Regulations.
            ``(3) Applicability of certain requirements.--A State may 
        determine that one or more of the requirements of the revised 
        criteria described in paragraph (2) is not needed for the 
        management of coal combustion residuals in that State, and may 
        decline to apply such requirement as part of its coal 
        combustion residuals permit program. If a State declines to 
        apply a requirement under this paragraph, the State shall 
        include in the certification under subsection (b)(2) a 
        description of such requirement and the reasons such 
        requirement is not needed in the State. If the Administrator 
        determines that a State determination under this paragraph does 
        not accurately reflect the needs for the management of coal 
        combustion residuals in the State, the Administrator may treat 
        such State determination as a deficiency under subsection (d).
    ``(d) Written Notice and Opportunity to Remedy.--
            ``(1) In general.--The Administrator shall provide to a 
        State written notice and an opportunity to remedy deficiencies 
        in accordance with paragraph (2) if at any time the State--
                    ``(A) does not satisfy the notification requirement 
                under subsection (b)(1);
                    ``(B) has not submitted a certification under 
                subsection (b)(2);
                    ``(C) does not satisfy the maintenance requirement 
                under subsection (b)(3); or
                    ``(D) is not implementing a coal combustion 
                residuals permit program that meets the specifications 
                described in subsection (c)(1).
            ``(2) Contents of notice; deadline for response.--A notice 
        provided under this subsection shall--
                    ``(A) include findings of the Administrator 
                detailing any applicable deficiencies in--
                            ``(i) compliance by the State with the 
                        notification requirement under subsection 
                        (b)(1);
                            ``(ii) compliance by the State with the 
                        certification requirement under subsection 
                        (b)(2);
                            ``(iii) compliance by the State with the 
                        maintenance requirement under subsection 
                        (b)(3); and
                            ``(iv) the State coal combustion residuals 
                        permit program in meeting the specifications 
                        described in subsection (c)(1); and
                    ``(B) identify, in collaboration with the State, a 
                reasonable deadline, which shall be not sooner than 6 
                months after the State receives the notice, by which 
                the State shall remedy the deficiencies detailed under 
                subparagraph (A).
    ``(e) Implementation by Administrator.--
            ``(1) In general.--The Administrator shall implement a coal 
        combustion residuals permit program for a State only in the 
        following circumstances:
                    ``(A) If the Governor of such State notifies the 
                Administrator under subsection (b)(1) that such State 
                will not adopt and implement such a permit program.
                    ``(B) If such State has received a notice under 
                subsection (d) and, after any review brought by the 
                State under section 7006, fails, by the deadline 
                identified in such notice under subsection (d)(2)(B), 
                to remedy the deficiencies detailed in such notice 
                under subsection (d)(2)(A).
                    ``(C) If such State informs the Administrator, in 
                writing, that such State will no longer implement such 
                a permit program.
            ``(2) Requirements.--If the Administrator implements a coal 
        combustion residuals permit program for a State under paragraph 
        (1), such permit program shall consist of the specifications 
        described in subsection (c)(1).
            ``(3) Enforcement.--If the Administrator implements a coal 
        combustion residuals permit program for a State under paragraph 
        (1), the authorities referred to in section 4005(c)(2)(A) shall 
        apply with respect to coal combustion residuals and structures 
        and the Administrator may use such authorities to inspect, 
        gather information, and enforce the requirements of this 
        section in the State.
    ``(f) State Control After Implementation by Administrator.--
            ``(1) State control.--
                    ``(A) New adoption and implementation by state.--
                For a State for which the Administrator is implementing 
                a coal combustion residuals permit program under 
                subsection (e)(1)(A), the State may adopt and implement 
                such a permit program by--
                            ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program;
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                            ``(iii) receiving from the Administrator--
                                    ``(I) a determination that the 
                                State coal combustion residuals permit 
                                program meets the specifications 
                                described in subsection (c)(1); and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                    ``(B) Remedying deficient permit program.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(B), the State may adopt and implement 
                such a permit program by--
                            ``(i) remedying the deficiencies detailed 
                        in the notice provided under subsection 
                        (d)(2)(A); and
                            ``(ii) receiving from the Administrator--
                                    ``(I) a determination that the 
                                deficiencies detailed in such notice 
                                have been remedied; and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                    ``(C) Resumption of implementation by state.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(C), the State may adopt and implement 
                such a permit program by--
                            ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program;
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                            ``(iii) receiving from the Administrator--
                                    ``(I) a determination that the 
                                State coal combustion residuals permit 
                                program meets the specifications 
                                described in subsection (c)(1); and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
            ``(2) Review of determination.--
                    ``(A) Determination required.--The Administrator 
                shall make a determination under paragraph (1) not 
                later than 90 days after the date on which the State 
                submits a certification under paragraph (1)(A)(ii) or 
                (1)(C)(ii), or notifies the Administrator that the 
                deficiencies have been remedied pursuant to paragraph 
                (1)(B)(i), as applicable.
                    ``(B) Review.--A State may obtain a review of a 
                determination by the Administrator under paragraph (1) 
                as if such determination was a final regulation for 
                purposes of section 7006.
            ``(3) Implementation during transition.--
                    ``(A) Effect on actions and orders.--Actions taken 
                or orders issued pursuant to a coal combustion 
                residuals permit program shall remain in effect if--
                            ``(i) a State takes control of its coal 
                        combustion residuals permit program from the 
                        Administrator under paragraph (1); or
                            ``(ii) the Administrator takes control of a 
                        coal combustion residuals permit program from a 
                        State under subsection (e).
                    ``(B) Change in requirements.--Subparagraph (A) 
                shall apply to such actions and orders until such time 
                as the Administrator or the head of the lead State 
                agency responsible for implementing the coal combustion 
                residuals permit program, as applicable--
                            ``(i) implements changes to the 
                        requirements of the coal combustion residuals 
                        permit program with respect to the basis for 
                        the action or order; or
                            ``(ii) certifies the completion of a 
                        corrective action that is the subject of the 
                        action or order.
            ``(4) Single permit program.--If a State adopts and 
        implements a coal combustion residuals permit program under 
        this subsection, the Administrator shall cease to implement the 
        permit program implemented under subsection (e) for such State.
    ``(g) Effect on Determination Under 4005(c) or 3006.--The 
Administrator shall not consider the implementation of a coal 
combustion residuals permit program by the Administrator under 
subsection (e) in making a determination of approval for a permit 
program or other system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 3006.
    ``(h) Closure.--If it is determined, pursuant to a coal combustion 
residuals permit program, that a structure should close, the time 
period and method for the closure of such structure shall be set forth 
in a closure plan that establishes a deadline for completion and that 
takes into account the nature and the site-specific characteristics of 
the structure to be closed. In the case of a surface impoundment, the 
closure plan shall require, at a minimum, the removal of liquid and the 
stabilization of remaining waste, as necessary to support the final 
cover.
    ``(i) Authority.--
            ``(1) State authority.--Nothing in this section shall 
        preclude or deny any right of any State to adopt or enforce any 
        regulation or requirement respecting coal combustion residuals 
        that is more stringent or broader in scope than a regulation or 
        requirement under this section.
            ``(2) Authority of the administrator.--
                    ``(A) In general.--Except as provided in subsection 
                (e) of this section and section 6005 of this title, the 
                Administrator shall, with respect to the regulation of 
                coal combustion residuals, defer to the States pursuant 
                to this section.
                    ``(B) Imminent hazard.--Nothing in this section 
                shall be construed to affect the authority of the 
                Administrator under section 7003 with respect to coal 
                combustion residuals.
                    ``(C) Technical and enforcement assistance only 
                upon request.--Upon request from the head of a lead 
                State agency that is implementing a coal combustion 
                residuals permit program, the Administrator may provide 
                to such State agency only the technical or enforcement 
                assistance requested.
            ``(3) Citizen suits.--Nothing in this section shall be 
        construed to affect the authority of a person to commence a 
        civil action in accordance with section 7002.
    ``(j) Mine Reclamation Activities.--A coal combustion residuals 
permit program implemented under subsection (e) by the Administrator 
shall not apply to the utilization, placement, and storage of coal 
combustion residuals at surface mining and reclamation operations.
    ``(k) Definitions.--In this section:
            ``(1) Coal combustion residuals.--The term `coal combustion 
        residuals' means--
                    ``(A) the solid wastes listed in section 
                3001(b)(3)(A)(i), including recoverable materials from 
                such wastes;
                    ``(B) coal combustion wastes that are co-managed 
                with wastes produced in conjunction with the combustion 
                of coal, provided that such wastes are not segregated 
                and disposed of separately from the coal combustion 
                wastes and comprise a relatively small proportion of 
                the total wastes being disposed in the structure;
                    ``(C) fluidized bed combustion wastes;
                    ``(D) wastes from the co-burning of coal with 
                nonhazardous secondary materials provided that coal 
                makes up at least 50 percent of the total fuel burned; 
                and
                    ``(E) wastes from the co-burning of coal with 
                materials described in subparagraph (A) that are 
                recovered from monofills.
            ``(2) Coal combustion residuals permit program.--The term 
        `coal combustion residuals permit program' means a permit 
        program or other system of prior approval and conditions that 
        is adopted by or for a State for the management and disposal of 
        coal combustion residuals to the extent such activities occur 
        in structures in such State.
            ``(3) Structure.--The term `structure' means a landfill, 
        surface impoundment, or other land-based unit which may receive 
        coal combustion residuals.
            ``(4) Revised criteria.--The term `revised criteria' means 
        the criteria promulgated for municipal solid waste landfill 
        units under section 4004(a) and under section 1008(a)(3), as 
        revised under section 4010(c) in accordance with the 
        requirement of such section that the criteria protect human 
        health and the environment.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1001 of the Solid Waste Disposal Act is amended by inserting 
after the item relating to section 4010 the following:

``Sec. 4011. Management and disposal of coal combustion residuals.''.
    (c) 2000 Regulatory Determination.--Nothing in this section, or the 
amendments made by this section, shall be construed to alter in any 
manner the Environmental Protection Agency's regulatory determination 
entitled ``Notice of Regulatory Determination on Wastes from the 
Combustion of Fossil Fuels'', published at 65 Fed. Reg. 32214 (May 22, 
2000), that the fossil fuel combustion wastes addressed in that 
determination do not warrant regulation under subtitle C of the Solid 
Waste Disposal Act (42 U.S.C. 6921 et seq.).

SEC. 706. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.

    (a) In General.--Notwithstanding any other provision of law or any 
Executive order, a Federal department or agency shall 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.
    (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.

SEC. 707. CLARIFICATION OF LEGAL ENFORCEMENT AGAINST NONCRIMINAL ENERGY 
              PRODUCERS.

    (a) Findings.--The Congress finds the following:
            (1) The Migratory Bird Treaty Act (MBTA) was enacted in 
        1918 to protect the migratory bird population from overhunting 
        and poaching and has not been updated to reflect the societal 
        changes that have occurred in our Nation over the last 95 
        years.
            (2) Anyone involved in an otherwise legal activity may be 
        subject to criminal liability for the unintentional death of 
        any one of over 1,000 species of birds protected under the 
        MBTA.
            (3) The Act of June 8, 1940 (chapter 278; 16 U.S.C. 668), 
        popularly known as the Bald and Golden Eagle Protection Act 
        (BGEPA), was first enacted in 1940 to protect the dwindling 
        population of bald eagles and amended in 1962 to cover golden 
        eagles in order to provide additional protective measures for 
        bald eagles and for other purposes.
            (4) The BGEPA includes a program for the Federal Government 
        to issue permits in order to protect companies from legal 
        liability if eagles are unintentionally injured or killed, but 
        the Federal Government has failed to issue permits issued under 
        the program.
            (5) Among other goals, the BGEPA's permit program was 
        established to assure the protection of interests fundamental 
        to the basic operation of our society like agriculture and 
        energy infrastructure development and maintenance.
            (6) The BGEPA was successful in helping the overall eagle 
        population recover, leading to bald eagles being removed from 
        the list of threatened and endangered species in 2007.
            (7) There are differing legal and judicial interpretations 
        regarding the scope of criminality in those statutes.
            (8) It appears criminal prosecution under those statutes 
        has been subjective, selective, and not applied uniformly and 
        fairly across all sectors of society.
            (9) Those statutes need to be updated to reflect 
        significant changes in our Nation over the last half century, 
        including the urbanization of rural areas and how domestic 
        energy is produced, transmitted, and distributed.
            (10) Protecting the avian population and its habitat is 
        important.
            (11) Federal enforcement actions should be appropriate, 
        uniform, nondiscriminatory, and just.
    (b) Permits for Incidental Take.--Section 1 of the Act of June 8, 
1940 (chapter 278; 16 U.S.C. 668), popularly known as the Bald and 
Golden Eagle Protection Act, is amended by adding at the end the 
following:
    ``(d) Permits for Incidental Take.--Upon submission of a 
substantially completed application, the Secretary shall issue or deny 
an eagle take permit for no less than 30 years under section 22.26 of 
title 50, Code of Federal Regulations, that authorizes taking of any 
bald eagle or golden eagle that is incidental to, but not the purpose 
of, an otherwise lawful activity. Failure to issue or deny such a 
permit within a reasonable time (which shall not exceed one year) is 
deemed issuance of such permit, and the applicant shall not be subject 
to liability for any incidental take of a bald eagle or golden eagle 
that is in conformity with the information submitted to the Secretary 
as part of the application for the permit.''.
    (c) Migratory Bird Treaty Act.--Section 6(a) of the Migratory Bird 
Treaty Act (16 U.S.C. 707(a)) is amended--
            (1) by striking ``shall'' the first and second place it 
        appears and inserting ``shall with intent knowingly''; and
            (2) by adding at the end the following: ``For the purposes 
        of this subsection, `with intent knowingly' does not include 
        any taking, killing, or other harm to any migratory bird that 
        is accidental or incidental to the presence or operation of an 
        otherwise lawful activity.''.

    TITLE VIII--ATTAINMENT OF NATIONAL AMBIENT AIR QUALITY STANDARDS

SEC. 801. AIR QUALITY MONITORING AND MODELING METHODOLOGIES.

    (a) Nonattainment Designation To Be Based on Monitoring Data.--
Section 107 of the Clean Air Act (42 U.S.C. 7407) is amended by adding 
at the end the following:
    ``(f) Nonattainment Designation To Be Based on Monitoring Data.--
Any designation or redesignation of an area or portion of an area 
within a State or interstate area as a nonattainment area for a 
pollutant within the meaning of subsection (d)(1)(A)(i) shall--
            ``(1) be based on monitoring data; and
            ``(2) not take into consideration modeling data.''.
    (b) Air Quality Modeling Methodologies.--
            (1) Methodologies.--Section 110 of the Clean Air Act (42 
        U.S.C. 7410) is amended by adding at the end the following:
    ``(d) Air Quality Modeling Methodologies.--The Administrator shall, 
by regulation, set forth the air quality modeling methodologies 
required to be used for purposes of air quality modeling pursuant to 
subsection (a)(2)(K).''.
            (2) Regulations.--The Administrator of the Environmental 
        Protection Agency shall promulgate final regulations, as 
        required by section 110(d) of the Clean Air Act, as added by 
        paragraph (1), not later than one year after the date of the 
        enactment of this Act.

SEC. 802. EXTENDING COMPLIANCE FOR NAAQS ATTAINMENT FOR DOWNWIND 
              STATES.

    Section 181 of the Clean Air Act (42 U.S.C. 7511) is amended by 
adding at the end the following:
    ``(d) Extended Attainment Date for Certain Downwind Areas.--
            ``(1) Definitions.--In this subsection:
                    ``(A) The term `upwind area' means an area that--
                            ``(i) affects nonattainment in another area 
                        (in this subsection referred to as the 
                        `downwind area'); and
                            ``(ii) is either--
                                    ``(I) a nonattainment area with a 
                                later attainment date than the downwind 
                                area; or
                                    ``(II) an area in another State 
                                that the Administrator has found to be 
                                significantly contributing to 
                                nonattainment in the downwind area in 
                                violation of section 110(a)(2)(D) and 
                                for which the Administrator has 
                                established requirements through notice 
                                and comment rulemaking to reduce the 
                                emissions causing such significant 
                                contribution.
                    ``(B) The term `current classification' means the 
                classification of a downwind area under this section at 
                the time of the determination under paragraph (2).
            ``(2) Extension.--Notwithstanding subsection (b)(2), a 
        downwind area that is not in attainment within 18 months of the 
        attainment deadline required under this section may seek an 
        extension of time to come into attainment by petitioning the 
        Administrator for such an extension. If the Administrator--
                    ``(A) determines that the area is a downwind area 
                with respect to a particular national ambient air 
                quality standard for ozone;
                    ``(B) approves a plan revision for such area as 
                provided in paragraph (3) prior to a reclassification 
                under subsection (b)(2)(A); and
                    ``(C) determines that the petitioning downwind area 
                has demonstrated that it is affected by transport from 
                an upwind area to a degree that affects the area's 
                ability to attain,
        the Administrator, in lieu of such reclassification, may extend 
        the attainment date for such downwind area for such standard in 
        accordance with paragraph (5).
            ``(3) Approval.--In order to extend the attainment date for 
        a downwind area under this subsection, the Administrator may 
        approve a revision of the applicable implementation plan for 
        the downwind area for the national ambient air quality standard 
        that--
                    ``(A) complies with all requirements of this Act 
                applicable under the current classification of the 
                downwind area, including any requirements applicable to 
                the area under section 172(c) for such standard;
                    ``(B) includes any additional measures needed to 
                demonstrate attainment by the extended attainment date 
                provided under this subsection, and provides for 
                implementation of those measures as expeditiously as 
                practicable; and
                    ``(C) provides appropriate measures to ensure that 
                no area downwind of the area receiving the extended 
                attainment date will be affected by transport to a 
                degree that affects the other area's ability to attain.
            ``(4) Prior reclassification determination.--If, after 
        April 1, 2003, and prior to the time the 1-hour ozone standard 
        no longer applies to a downwind area, the Administrator made a 
        reclassification determination under subsection (b)(2)(A) for 
        such downwind area, and the Administrator approves a plan 
        consistent with subparagraphs (A) and (B) for such area, the 
        reclassification shall be withdrawn and, for purposes of 
        implementing the 8-hour ozone national ambient air quality 
        standard, the area shall be treated as if the reclassification 
        never occurred. Such plan must be submitted no later than 12 
        months following enactment of this subsection, and--
                    ``(A) the plan revision for the downwind area must 
                comply with all control and planning requirements of 
                this Act applicable under the classification that 
                applied immediately prior to reclassification, 
                including any requirements applicable to the area under 
                section 172(c) for such standard; and
                    ``(B) the plan must include any additional measures 
                needed to demonstrate attainment no later than the date 
                on which the last reductions in pollution transport 
                that have been found by the Administrator to 
                significantly contribute to nonattainment are required 
                to be achieved by the upwind area or areas.
            ``(5) Extended date.--The attainment date extended under 
        this subsection shall provide for attainment of such national 
        ambient air quality standard for ozone in the downwind area as 
        expeditiously as practicable but no later than the new date 
        that the area would have been subject to had it been 
        reclassified under subsection (b)(2).
            ``(6) Rulemaking.--Within 12 months after the enactment of 
        this subsection, the Administrator shall, after notice and 
        comment, promulgate rules to determine, for purposes of 
        paragraphs (2) and (3), when an area is affected by transport 
        to a degree that affects the area's ability to attain. The 
        purpose of such rules shall be to ensure that downwind areas 
        are not unjustly penalized.''.

       TITLE IX--SUB-BASIN REPORTING OF GREENHOUSE GAS EMISSIONS

SEC. 901. SUB-BASIN REPORTING OF GREENHOUSE GAS EMISSIONS.

    Section 114 of the Clean Air Act (42 U.S.C. 7414) is amended by 
adding at the end the following:
    ``(e) Reporting of Greenhouse Gas Emissions From Petroleum and 
Natural Gas Systems.--In requiring any owner or operator of any 
facility in the petroleum and natural gas system source category (as 
such terms are used in part 98 of title 40, Code of Federal 
Regulations, and any successor regulations) to report greenhouse gas 
emissions from facilities in such category, the Administrator shall 
allow the owner or operator, at its election--
            ``(1) to designate sub-basins consisting of similar fields 
        within a larger basin; and
            ``(2) to report such emissions from such sub-basins instead 
        of reporting such emissions from the larger basin.''.

            TITLE X--IMPLEMENTATION OF NATIONAL OCEAN POLICY

SEC. 1001. PROHIBITION ON USE OF FUNDS.

    (a) Federal departments and agencies are prohibited from performing 
activities to implement Executive Order 13547.

                       TITLE XI--OTHER PROVISIONS

SEC. 1101. ADMINISTRATIVE RECORD.

    The administrative record compiled by an agency regarding an 
application for a permit, authorization, or other agency action 
involving a Priority Energy Project shall be the sole and exclusive 
record for any appeal or review of the permit action or other activity 
by that agency or other agency, as applicable. Upon final agency 
action, such record shall be closed and shall not be subject to any 
further evidentiary proceedings or requirements unless requested by the 
applicant.

SEC. 1102. STATEMENT OF ENERGY EFFECTS.

    (a) Preparation.--
            (1) Requirement.--An agency shall prepare and submit a 
        Statement of Energy Effects to the Administrator of the Office 
        of Information and Regulatory Affairs of the Office of 
        Management and Budget, for each proposed significant energy 
        action.
            (2) Contents.--A Statement of Energy Effects shall consist 
        of a detailed statement by the agency responsible for the 
        significant energy action relating to--
                    (A) any adverse effects on energy supply, 
                distribution, or use (including a shortfall in supply, 
                price increases, and increased use of foreign supplies) 
                should the proposal be implemented; and
                    (B) reasonable alternatives to the action with 
                adverse energy effects, and the expected effects of 
                such alternatives on energy supply, distribution, and 
                use.
            (3) Guidance and consultation.--The Administrator of the 
        Office of Information and Regulatory Affairs shall provide 
        guidance to the agencies on the implementation of this section 
        and shall consult with other agencies as appropriate in the 
        implementation of this section.
    (b) Publication.--Agencies shall publish their Statements of Energy 
Effects, or a summary thereof, in each related notice of proposed 
rulemaking and in any resulting final rule.
    (c) Definitions.--For purposes of this section--
            (1) the term ``agency'' has the meaning given that term in 
        paragraph (1) of section 3502 of title 44, United States Code, 
        except that the term does not include an independent regulatory 
        agency, as defined in paragraph (5) of that section; and
            (2) the term ``significant energy action'' means any action 
        by an agency that is expected to lead to promulgation of a 
        final regulation and that--
                    (A) is likely to have a significant adverse effect 
                on the supply, distribution, or use of energy; or
                    (B) is designated by the Administrator of the 
                Office of Information and Regulatory Affairs as a 
                significant energy action.

SEC. 1103. PRIORITY-ENERGY PROJECT PERMIT DURATION.

    The approval to construct or operate a Priority Energy Project 
pursuant to any Federal permit, as applicable, shall remain valid and 
authorized for the later of--
            (1) 18 months following the date on which the last permit 
        needed by a Priority Energy Project to commence construction or 
        operation is final and no longer subject to judicial review;
            (2) 3 years; or
            (3) in the case of a nationwide permit issued by the Army 
        Corps of Engineers pursuant to part 330 of title 33, Code of 
        Federal Regulations, 5 years.

                    TITLE XII--FUTURE NUCLEAR ENERGY

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Streamline America's Future Energy 
Nuclear Act''.

SEC. 1202. PUBLIC HEALTH AND SAFETY.

    Nothing in this title shall supersede, mitigate, detract from, or 
in anyway decrease the Nuclear Regulatory Commission's ability to 
maintain the highest possible levels of public health and safety 
standards, consistent with the provisions of the Atomic Energy Act of 
1954. No authority granted by this title shall be executed in a manner 
that jeopardizes, minimizes, reduces, or lessens public health and 
safety standards.

SEC. 1203. STREAMLINING COMBINED CONSTRUCTION AND OPERATING LICENSE.

    (a) In General.--The Nuclear Regulatory Commission shall establish 
and implement an expedited procedure for issuing a Combined 
Construction and Operating License.
    (b) Qualifications.--To qualify for the expedited procedure under 
this section, an applicant shall--
            (1) apply for construction of a reactor based on a design 
        approved by the Nuclear Regulatory Commission;
            (2) construct the new reactor on or adjacent to a site 
        where an operating nuclear power plant already exists;
            (3) not be subject to a Nuclear Regulatory Commission order 
        to modify, suspend, or revoke a license under section 2.202 of 
        title 10, Code of Federal Regulations; and
            (4) submit a complete Combined Construction and Operating 
        License application that is docketed by the Commission.
    (c) Expedited Procedure.--With respect to a license for which the 
applicant has satisfied the requirements of subsection (b) and seeks 
fast track consideration, the Nuclear Regulatory Commission shall 
follow the following procedures:
            (1) Undertake an expedited environmental review process and 
        issue a draft Environmental Impact Statement within 12 months 
        after the application is accepted for docketing.
            (2) Complete any public licensing hearings and related 
        processes within 24 months of accepting for docketing the 
        expedited Combined Construction and Operating License 
        application. Such hearings shall begin with the issuance of a 
        draft Environmental Impact Statement.
            (3) Complete the technical review process and issue the 
        Safety Evaluation Report and the final Environmental Impact 
        Statement within 18 months after the application is accepted 
        for docketing.
            (4) Make a final decision on whether to issue the Combined 
        Construction and Operating License within 25 months after 
        docketing the application.
    (d) Goals.--The Nuclear Regulatory Commission shall present 
recommendations to Congress within 90 days of the date of enactment of 
this Act for procedures that would further facilitate the licensing of 
new nuclear reactors in a timely manner.

SEC. 1204. REACTOR DESIGN CERTIFICATION.

    The Nuclear Regulatory Commission shall reduce by one-half the time 
necessary to certify a reactor design and may include designs under 
consideration for certification by the Nuclear Regulatory Commission as 
of the date of enactment of this Act. Such a schedule shall be 
presented to Congress within one year of the date of enactment of this 
Act.

SEC. 1205. TECHNOLOGY NEUTRAL PLANT DESIGN SPECIFICATIONS.

    Within one year of the date of enactment of this Act, the Nuclear 
Regulatory Commission shall outline to the Congress an approach that 
will allow the Nuclear Regulatory Commission to develop technology-
neutral guidelines for nuclear plant licensing in the future that would 
allow for the more seamless entry of new technologies into the 
marketplace.

SEC. 1206. ADDITIONAL FUNDING AND PERSONNEL RESOURCES.

    Not later than 90 days after the date of enactment of this Act, the 
Nuclear Regulatory Commission shall transmit to the Congress a request 
for such additional funding and personnel resources as are necessary to 
carry out sections 1202 through 1205 without delaying consideration of 
applications for Combined Construction and Operating Licenses or 
reactor design certifications not subject to expedited procedures under 
this title.

SEC. 1207. NEXT GENERATION NUCLEAR POWER PLANT.

    The Department of Energy and the Nuclear Regulatory Commission 
shall reevaluate the Next Generation Nuclear Power Plant schedule with 
the purpose of significant acceleration. Within 180 days of the date of 
enactment of this Act, program managers shall submit to the Congress a 
revised schedule, including funding requirements, that would allow for 
program completion as near as is possible to 2017 (halving the current 
schedule of program completion in 2021).

SEC. 1208. URANIUM MINING ON FEDERAL LANDS.

    The Federal Land Policy and Management Act of 1976 shall not be 
used to arbitrarily prevent uranium mining from taking place on Federal 
lands. The Federal Government shall not collect additional leasing 
fees, beyond that which are currently applicable, to mine uranium on 
Federal lands. Any fees collected in association with commercial 
uranium mining on Federal lands that should be applied for remediation 
purposes, shall only be applied to the remediation of sites that 
incurred damage as a result of commercial nuclear activities. Such fees 
shall not be applied to the remediation of any sites that incurred 
damage as a result of Government or Government-sponsored activities.
                                 <all>
EXPAND Act

Sponsors

Subjects

Summary

Full Text

Legislative Actions

Ask about this bill
