American Energy Renaissance Act of 2014 - Amends the Natural Gas Act regarding natural gas exports to exclude from the expedited application and approval process any nation subject to sanctions or trade restrictions imposed by the United States.
Amends the Energy Policy and Conservation Act (EPCA) to repeal the authority of the President to restrict exports of coal, petroleum products, natural gas, or petrochemical feedstocks, and related materials or equipment.
Amends the Mineral Leasing Act (MLA) to repeal limitations on oil exports.
Amends the Outer Continental Shelf Lands Act (OCSLA) to repeal limitations on export of Outer Continental Shelf (OCS) oil or gas.
Declares without force or effect a specified regulation and the limitation placed upon crude oil exports under the Export Administration Act of 1979.
Directs the Bureau of Industry and Security of the Department of Commerce to grant licenses to export crude oil except in certain circumstances.
Directs the Secretary of the Army, acting through the Chief of Engineers, to take into account solely domestic environmental impacts when completing an environmental impact statement for either coal export terminals or for coal transportation to such terminals.
Prescribes an authorization and approval process for certain energy infrastructure projects pertaining to either an oil or natural gas pipeline, or to an electric transmission facility at the national boundary of the United States with either Canada or Mexico.
Amends the Federal Power Act to repeal the prerequisite that, before transmitting electric energy to a foreign country, a person must first obtain authority from the Federal Energy Regulatory Commission (FERC).
Declares that a presidential permit shall not be required for a certain pipeline application by TransCanada Corporation to the Department of State for the northern portion of the Keystone XL pipeline from the Canadian border to the border between the states of South Dakota and Nebraska.
Prescribes guidelines for leasing on the OCS. Deems the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015, issued by the Secretary of the Interior, to be the final oil and gas leasing program under the OCSLA for FY2014-FY2019, except with regard to specified lease sales.
Directs the Secretary to: (1) conduct a lease sale every 270 days in each OCS planning area for which there is a commercial interest in purchasing federal oil and gas leases, and (2) conduct Lease Sale 220 for areas offshore of Virginia.
Permits a state, in lieu of being subject to a federal oil and gas leasing system, to elect to control energy development and production on available federal land in accordance with certain state leasing, permitting and regulatory programs prescribed by this Act.
Amends the MLA to require the Secretary to offer for sale all nominated acreage not previously made available for lease, unless an individual lease should not be granted.
Prescribes guidelines governing leasing certainty for onshore lease sales.
Permits the Secretary to extend for up to 2 periods of 15 days each the initial 30-day period after receipt of an application for deciding whether to issue a drilling permit. Deems an application approved if a decision has not been made within 60 days after the application is received.
Imposes a $5,000 documentation fee upon each administrative protest concerning a lease, right-of-way, or application for a drill permit.
Directs the Secretary to establish a Federal Permit Streamlining Project in each field office of the Bureau of Land Management (BLM) with responsibility for permitting energy projects on federal land.
Considers final regulations governing oil shale management published by BLM on November 18, 2008, to satisfy all legal and procedural requirements. Directs the Secretary to implement them, including the oil shale leasing program, without any other administrative action necessary.
Considers the Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming, and the Final Programmatic Environmental Impact Statement of the Bureau of Land Management (Plan), as in effect on November 17, 2008, to satisfy all legal and procedural requirements. Directs the Secretary to implement, without additional administrative action, the oil shale leasing program and regulations authorized in such Plan.
Directs the Secretary to: (1) hold a lease sale offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under certain terms; and (2) hold at least five separate commercial lease sales of at least 25,000 acres considered to have the most potential for oil shale development in areas nominated through public comment.
Amends the Naval Petroleum Reserves Production Act of 1976 to direct the Secretary to conduct a competitive oil and gas leasing program that includes at least one lease sale annually in areas most likely to produce commercial quantities of oil and natural gas in the National Petroleum Reserve in Alaska (NPRA) for each of calendar years 2014 through 2023.
Directs the Secretary to: (1) facilitate and ensure permits for all surface development activities, including pipeline and road construction; (2) issue an integrated activity plan from among the nonadopted alternatives in the NPRA Integrated Activity Plan Record of Decision, and (3) issue an environmental impact statement for issuance of oil and gas leases in the NPRA.
Declares without force or effect the NPRA Integrated Activity Plan Record of Decision, dated February 21, 2013, including the integrated activity plan and environmental impact statement to which it refers.
Directs the Secretary to: (1) promulgate regulations to ensure that the Department of the Interior is supporting development of oil and gas leases in the NPRA, and (2) complete a comprehensive assessment of all technically recoverable NPRA fossil fuel resources.
Declares that this Act does not authorize issuance of a lease under the MLA to persons designated for the imposition of specified sanctions.
Amends the MLA to authorize the Secretary to conduct onshore oil and gas lease sales through Internet-based live bidding methods.
Directs the Secretary to implement a competitive leasing program for the exploration, development, and production of the oil and gas resources on the Coastal Plain of Alaska.
Amends the Alaska National Interest Lands Conservation Act to repeal the prohibition against leasing or other development leading to production of oil and gas from the Arctic National Wildlife Refuge (ANWR).
Deems oil and gas leasing programs and activities authorized by this Act to be in compliance with the purposes of ANWR, so that no further findings or decisions are required to implement this determination.
States that the Secretary is neither required to identify nonleasing alternative courses of action nor to analyze their environmental effects.
Deems compliance with this Act satisfies all requirements of the National Environmental Policy Act of 1969 (NEPA) governing analysis and consideration of the environmental effects of proposed leasing.
Authorizes the Secretary, after consultation with the state of Alaska, the city of Kaktovik, and the North Slope Borough, to designate as a Special Area up to 45,000 acres of the Coastal Plain. Directs the Secretary to designate the Sadlerochit Spring area as a Special Area.
Authorizes the Secretary to exclude any Special Area from leasing.
Permits directional (horizontal) drilling in a Special Area.
Restricts to the terms of this Act the Secretary's authority to close lands within the Coastal Plain to oil and gas leasing, exploration, development, and production.
Instructs the Secretary to offer: (1) tracts with the greatest potential for hydrocarbon discovery; (2) at least 50,000 acres for lease within 22 months after enactment of this Act; and (3) at least an additional 50,000 acres at 6-, 12-, and 18-month intervals thereafter.
Authorizes the Secretary to grant to the highest responsible qualified bidder in a lease sale, upon payment of a bonus, any lands to be leased on the Coastal Plain.
Prescribes a "no significant adverse effect" standard to govern Coastal Plain activities.
Directs the Secretary to develop a facility consolidation plan for the exploration, development, production, and transportation of Coastal Plain oil and gas resources.
Directs the Secretary to: (1) issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas produced under leases under this Act, (2) convey to the Kaktovik Inupiat Corporation the surface estate of specified lands, and (3) convey to the Arctic Slope Regional Corporation a certain subsurface estate to which it is entitled pursuant to a specified agreement.
Amends the Energy Policy Act of 1992 to allow either the Secretary, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring the Secretary's approval. Deems approved any appraisal conducted by an Indian tribe or by such an appraiser if the Secretary neither approves nor disapproves it within 60 days after it is received.
Gives tribes the option of waiving such appraisals if they give the Secretary an unambiguous indication of tribal intent, including an express waiver of any claims they might have against the United States as a consequence of forgoing the appraisal.
States that, when sustainability is federally required, any activities or resources conducted or produced pursuant to either a tribal resource management plan or a Secretary-approved integrated resource management plan shall be deemed to be sustainable.
Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into 99-year leases on their restricted lands without the Secretary's approval, if they are executed under tribal regulations approved by the Secretary.
Permits the Navajo Nation to enter into mineral resource leases on restricted lands without the Secretary's approval if they are executed under approved tribal regulations not to exceed 25 years. Permits a renewal option for one additional term not exceeding 25 years.
Declares inapplicable, except with the express consent of Indian beneficiaries, any rule promulgated by the Secretary regarding hydraulic fracturing in oil and gas development or production on land either held in trust or restricted status for Indians.
Grants to the states sole authority to promulgate or enforce requirements for hydraulic fracturing within their boundaries.
Subjects federal land upon which hydraulic fracturing is performed to the law of the state in which the land is located.
Prohibits award of legal fees to any nongovernmental organization related to an action that: (1) prevents, terminates, or reduces access to or the production of specified enterprises; (2) diminishes the private property value of a property owner; or (3) eliminates or prevents jobs.
Prohibits the Secretary from establishing a master leasing plan as part of any guidance the Secretary issues. Declares certain existing master leasing plans without force or effect.
Requires the Administrator of the Environmental Protection Agency (EPA), upon request of a state or the governing body of an Indian tribe, to enter into a prescribed refinery permitting agreement to streamline the permitting process using a specified systematic, interdisciplinary multimedia approach.
Prescribes deadlines for approval or disapproval of consolidated permits for new refineries and for expansion of existing ones.
Amends the Clean Air Act to phase out the renewable fuel standard.
Repeals greenhouse gas regulation. Redefines air pollutant to exclude carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.
Declares that the following acts neither authorize nor require the regulation of climate change or global warming: (1) the Clean Air Act, (2) the Federal Water Pollution Control Act, (3) the National Environmental Policy Act of 1969, (4) the Endangered Species Act of 1973, and (5) the Solid Waste Disposal Act.
Declares void and without force or effect certain proposed EPA rules regarding greenhouse gas emissions and carbon pollution.
Requires the Administrator, before proposing or finalizing any regulation, rule, or policy, to analyze it and describe its direct and indirect net and gross impact upon employment in the United States.
Establishes the Debt Freedom Fund to pay down the national debt of the United States.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4286 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4286
To free the private sector to harness domestic energy resources to
create jobs and generate economic growth by removing statutory and
administrative barriers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2014
Mr. Bridenstine (for himself, Mr. Cook, and Mr. Yoho) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on Transportation and
Infrastructure, Energy and Commerce, Agriculture, the Judiciary, and
Foreign Affairs, 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 free the private sector to harness domestic energy resources to
create jobs and generate economic growth by removing statutory and
administrative barriers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Energy
Renaissance Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXPANDING AMERICAN ENERGY EXPORTS
Sec. 1001. Finding.
Sec. 1002. Natural gas exports.
Sec. 1003. Crude oil exports.
Sec. 1004. Coal exports.
TITLE II--IMPROVING NORTH AMERICAN ENERGY INFRASTRUCTURE
Subtitle A--North American Energy Infrastructure
Sec. 2001. Finding.
Sec. 2002. Definitions.
Sec. 2003. Authorization of certain energy infrastructure projects at
the national boundary of the United States.
Sec. 2004. Transmission of electric energy to Canada and Mexico.
Sec. 2005. Effective date; rulemaking deadlines.
Subtitle B--Keystone XL Permit Approval
Sec. 2011. Findings.
Sec. 2012. Keystone XL permit approval.
TITLE III--OUTER CONTINENTAL SHELF LEASING
Sec. 3001. Finding.
Sec. 3002. Extension of leasing program.
Sec. 3003. Lease sales.
Sec. 3004. Applications for permits to drill.
Sec. 3005. Lease sales for certain areas.
TITLE IV--UTILIZING AMERICA'S ONSHORE RESOURCES
Sec. 4001. Findings.
Sec. 4002. State option for energy development.
Subtitle A--Energy Development by States
Sec. 4011. Definitions.
Sec. 4012. State programs.
Sec. 4013. Leasing, permitting, and regulatory programs.
Sec. 4014. Judicial review.
Sec. 4015. Administrative Procedure Act.
Subtitle B--Onshore Oil and Gas Permit Streamlining
Part I--Oil and Gas Leasing Certainty
Sec. 4021. Minimum acreage requirement for onshore lease sales.
Sec. 4022. Leasing certainty.
Sec. 4023. Leasing consistency.
Sec. 4024. Reduce redundant policies.
Sec. 4025. Streamlined congressional notification.
Part II--Application for Permits To Drill Process Reform
Sec. 4031. Permit to drill application timeline.
Sec. 4032. Administrative protest documentation reform.
Sec. 4033. Improved Federal energy permit coordination.
Sec. 4034. Administration.
Part III--Oil Shale
Sec. 4041. Effectiveness of oil shale regulations, amendments to
resource management plans, and record of
decision.
Sec. 4042. Oil shale leasing.
Part IV--National Petroleum Reserve in Alaska Access
Sec. 4051. Sense of Congress and reaffirming national policy for the
National Petroleum Reserve in Alaska.
Sec. 4052. National Petroleum Reserve in Alaska: lease sales.
Sec. 4053. National Petroleum Reserve in Alaska: planning and
permitting pipeline and road construction.
Sec. 4054. Issuance of a new integrated activity plan and environmental
impact statement.
Sec. 4055. Departmental accountability for development.
Sec. 4056. Deadlines under new proposed integrated activity plan.
Sec. 4057. Updated resource assessment.
Part V--Miscellaneous Provisions
Sec. 4061. Sanctions.
Sec. 4062. Internet-based onshore oil and gas lease sales.
Part VI--Judicial Review
Sec. 4071. Definitions.
Sec. 4072. Exclusive venue for certain civil actions relating to
covered energy projects.
Sec. 4073. Timely filing.
Sec. 4074. Expedition in hearing and determining the action.
Sec. 4075. Limitation on injunction and prospective relief.
Sec. 4076. Limitation on attorneys' fees and court costs.
Sec. 4077. Legal standing.
TITLE V--ADDITIONAL ONSHORE RESOURCES
Subtitle A--Leasing Program for Land Within Coastal Plain
Sec. 5001. Finding.
Sec. 5002. Definitions.
Sec. 5003. Leasing program for land on the Coastal Plain.
Sec. 5004. Lease sales.
Sec. 5005. Grant of leases by the Secretary.
Sec. 5006. Lease terms and conditions.
Sec. 5007. Coastal Plain environmental protection.
Sec. 5008. Expedited judicial review.
Sec. 5009. Treatment of revenues.
Sec. 5010. Rights-of-way across the Coastal Plain.
Sec. 5011. Conveyance.
Subtitle B--Native American Energy
Sec. 5021. Findings.
Sec. 5022. Appraisals.
Sec. 5023. Standardization.
Sec. 5024. Environmental reviews of major Federal actions on Indian
land.
Sec. 5025. Judicial review.
Sec. 5026. Tribal resource management plans.
Sec. 5027. Leases of restricted lands for the Navajo Nation.
Sec. 5028. Nonapplicability of certain rules.
Subtitle C--Additional Regulatory Provisions
Part I--State Authority Over Hydraulic Fracturing
Sec. 5031. Finding.
Sec. 5032. State authority.
Part II--Miscellaneous Provisions
Sec. 5041. Environmental legal fees.
Sec. 5042. Master leasing plans.
TITLE VI--IMPROVING AMERICA'S DOMESTIC REFINING CAPACITY
Subtitle A--Refinery Permitting Reform
Sec. 6001. Finding.
Sec. 6002. Definitions.
Sec. 6003. Streamlining of refinery permitting process.
Subtitle B--Repeal of Renewable Fuel Standard
Sec. 6011. Findings.
Sec. 6012. Phase out of renewable fuel standard.
TITLE VII--STOPPING EPA OVERREACH
Sec. 7001. Findings.
Sec. 7002. Clarification of Federal regulatory authority to exclude
greenhouse gases from regulation under the
Clean Air Act.
Sec. 7003. Jobs analysis for all EPA regulations.
TITLE VIII--DEBT FREEDOM FUND
Sec. 8001. Findings.
Sec. 8002. Debt freedom fund.
TITLE I--EXPANDING AMERICAN ENERGY EXPORTS
SEC. 1001. FINDING.
Congress finds that opening up energy exports will contribute to
economic development, private sector job growth, and continued growth
in American energy production.
SEC. 1002. NATURAL GAS EXPORTS.
(a) Finding.--Congress finds that expanding natural gas exports
will lead to increased investment and development of domestic supplies
of natural gas that will contribute to job growth and economic
development.
(b) Natural Gas Exports.--Section 3(c) of the Natural Gas Act (15
U.S.C. 717b(c)) is amended--
(1) by inserting ``or any other nation not excluded by this
section'' after ``trade in natural gas'';
(2) by striking ``(c) For purposes'' and inserting the
following:
``(c) Expedited Application and Approval Process.--
``(1) In general.--For purposes''; and
(3) by adding at the end the following:
``(2) Exclusions.--
``(A) In general.--Any nation subject to sanctions
or trade restrictions imposed by the United States is
excluded from expedited approval under paragraph (1).
``(B) Designation by president or congress.--The
President or Congress may designate nations that may be
excluded from expedited approval under paragraph (1)
for reasons of national security.
``(3) Order not required.--No order is required under
subsection (a) to authorize the export or import of any natural
gas to or from Canada or Mexico.''.
SEC. 1003. CRUDE OIL EXPORTS.
(a) Findings.--Congress finds that--
(1) the restrictions on crude oil exports from the 1970s
are no longer necessary due to the technological advances that
have increased the domestic supply of crude oil; and
(2) repealing restrictions on crude oil exports will
contribute to job growth and economic development.
(b) Repeal of Presidential Authority To Restrict Oil Exports.--
(1) In general.--Section 103 of the Energy Policy and
Conservation Act (42 U.S.C. 6212) is repealed.
(2) Conforming amendments.--
(A) Section 12 of the Alaska Natural Gas
Transportation Act of 1976 (15 U.S.C. 719j) is
amended--
(i) by striking ``and section 103 of the
Energy Policy and Conservation Act''; and
(ii) by striking ``such Acts'' and
inserting ``that Act''.
(B) The Energy Policy and Conservation Act is
amended--
(i) in section 251 (42 U.S.C. 6271)--
(I) by striking subsection (d); and
(II) by redesignating subsection
(e) as subsection (d); and
(ii) in section 523(a)(1) (42 U.S.C.
6393(a)(1)), by striking ``(other than section
103 thereof)''.
(c) Repeal of Limitations on Exports of Oil.--
(1) In general.--Section 28 of the Mineral Leasing Act (30
U.S.C. 185) is amended--
(A) by striking subsection (u); and
(B) by redesignating subsections (v) through (y) as
subsections (u) through (x), respectively.
(2) Conforming amendments.--
(A) Section 1107(c) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3167(c)) is amended
by striking ``(u) through (y)'' and inserting ``(u)
through (x)''.
(B) Section 23 of the Deep Water Port Act of 1974
(33 U.S.C. 1522) is repealed.
(C) Section 203(c) of the Trans-Alaska Pipeline
Authorization Act (43 U.S.C. 1652(c)) is amended in the
first sentence by striking ``(w)(2), and (x))'' and
inserting ``(v)(2), and (w))''.
(D) Section 509(c) of the Public Utility Regulatory
Policies Act of 1978 (43 U.S.C. 2009(c)) is amended by
striking ``subsection (w)(2)'' and inserting
``subsection (v)(2)''.
(d) Repeal of Limitations on Export of OCS Oil or Gas.--Section 28
of the Outer Continental Shelf Lands Act (43 U.S.C. 1354) is repealed.
(e) Termination of Limitation on Exportation of Crude Oil.--Section
7(d) of the Export Administration Act of 1979 (50 U.S.C. App. 2406(d))
(as in effect pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.)) shall have no force or effect.
(f) Clarification of Crude Oil Regulation.--
(1) In general.--Section 754.2 of title 15, Code of Federal
Regulations (relating to crude oil) shall have no force or
effect.
(2) Crude oil license requirements.--The Bureau of Industry
and Security of the Department of Commerce shall grant licenses
to export to a country crude oil (as the term is defined in
subsection (a) of the regulation referred to in paragraph (1))
(as in effect on the date that is 1 day before the date of
enactment of this Act) unless--
(A) the country is subject to sanctions or trade
restrictions imposed by the United States; or
(B) the President or Congress has designated the
country as subject to exclusion for reasons of national
security.
SEC. 1004. COAL EXPORTS.
(a) Findings.--Congress finds that--
(1) increased international demand for coal is an
opportunity to support jobs and promote economic growth in the
United States; and
(2) exports of coal should not be unreasonably restricted
or delayed.
(b) NEPA Review for Coal Exports.--In completing an environmental
impact statement or similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for an
approval or permit for coal export terminals, or transportation of coal
to coal export terminals, the Secretary of the Army, acting through the
Chief of Engineers--
(1) may only take into account domestic environmental
impacts; and
(2) may not take into account any impacts resulting from
the final use overseas of the exported coal.
TITLE II--IMPROVING NORTH AMERICAN ENERGY INFRASTRUCTURE
Subtitle A--North American Energy Infrastructure
SEC. 2001. FINDING.
Congress finds that the United States should establish a more
efficient, transparent, and modern process for the construction,
connection, operation, and maintenance of oil and natural gas pipelines
and electric transmission facilities for the import and export of oil,
natural gas, and electricity to and from Canada and Mexico, in pursuit
of a more secure and efficient North American energy market.
SEC. 2002. DEFINITIONS.
In this title:
(1) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given the term in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(2) Independent system operator.--The term ``Independent
System Operator'' has the meaning given the term in section 3
of the Federal Power Act (16 U.S.C. 796).
(3) Natural gas.--The term ``natural gas'' has the meaning
given the term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(4) Oil.--The term ``oil'' means petroleum or a petroleum
product.
(5) Regional entity.--The term ``regional entity'' has the
meaning given the term in section 215(a) of the Federal Power
Act (16 U.S.C. 824o(a)).
(6) Regional transmission organization.--The term
``Regional Transmission Organization'' has the meaning given
the term in section 3 of the Federal Power Act (16 U.S.C. 796).
SEC. 2003. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT
THE NATIONAL BOUNDARY OF THE UNITED STATES.
(a) Authorization.--Except as provided in subsections (d) and (e),
no person may construct, connect, operate, or maintain an oil or
natural gas pipeline or electric transmission facility at the national
boundary of the United States for the import or export of oil, natural
gas, or electricity to or from Canada or Mexico without obtaining
approval of the construction, connection, operation, or maintenance
under this section.
(b) Approval.--
(1) Requirement.--Not later than 120 days after receiving a
request for approval of construction, connection, operation, or
maintenance under this section, the relevant official
identified under paragraph (2), in consultation with
appropriate Federal agencies, shall approve the request unless
the relevant official finds that the construction, connection,
operation, or maintenance harms the national security interests
of the United States.
(2) Relevant official.--The relevant official referred to
in paragraph (1) is--
(A) the Secretary of Commerce with respect to oil
pipelines;
(B) the Federal Energy Regulatory Commission with
respect to natural gas pipelines; and
(C) the Secretary of Energy with respect to
electric transmission facilities.
(3) Approval not major federal action.--An approval of
construction, connection, operation, or maintenance under
paragraph (1) shall not be considered a major Federal action
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(4) Additional requirement for electric transmission
facilities.--In the case of a request for approval of the
construction, connection, operation, or maintenance of an
electric transmission facility, the Secretary of Energy shall
require, as a condition of approval of the request under
paragraph (1), that the electric transmission facility be
constructed, connected, operated, or maintained consistent with
all applicable policies and standards of--
(A) the Electric Reliability Organization and the
applicable regional entity; and
(B) any Regional Transmission Organization or
Independent System Operator with operational or
functional control over the electric transmission
facility.
(c) No Other Approval Required.--No Presidential permit (or similar
permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69
Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301
note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3,
United States Code, Executive Order 12038 (43 Fed. Reg. 3674 (January
26, 1978)), Executive Order 10485 (18 Fed. Reg. 5397 (September 9,
1953)), or any other Executive order shall be necessary for
construction, connection, operation, or maintenance to which this
section applies.
(d) Exclusions.--This section shall not apply to--
(1) any construction, connection, operation, or maintenance
of an oil or natural gas pipeline or electric transmission
facility at the national boundary of the United States for the
import or export of oil, natural gas, or electricity to or from
Canada or Mexico if--
(A) the pipeline or facility is operating at the
national boundary for that import or export as of the
date of enactment of this Act;
(B) a permit described in subsection (c) for the
construction, connection, operation, or maintenance has
been issued;
(C) approval of the construction, connection,
operation, or maintenance has previously been obtained
under this section; or
(D) an application for a permit described in
subsection (c) for the construction, connection,
operation, or maintenance is pending on the date of
enactment of this Act, until the earlier of--
(i) the date on which the application is
denied; and
(ii) July 1, 2015; or
(2) the construction, connection, operation, or maintenance
of the Keystone XL pipeline.
(e) Modifications to Existing Projects.--No approval under this
section, or permit described in subsection (c), shall be required for
modifications to construction, connection, operation, or maintenance
described in subparagraph (A), (B), or (C) of subsection (d)(1),
including reversal of flow direction, change in ownership, volume
expansion, downstream or upstream interconnection, or adjustments to
maintain flow (such as a reduction or increase in the number of pump or
compressor stations).
(f) Effect of Other Laws.--Nothing in this section affects the
application of any other Federal law to a project for which approval of
construction, connection, operation, or maintenance is sought under
this section.
SEC. 2004. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO.
(a) Repeal of Requirement To Secure Order.--Section 202 of the
Federal Power Act (16 U.S.C. 824a) is amended by striking subsection
(e).
(b) Conforming Amendments.--
(1) State regulations.--Section 202 of the Federal Power
Act (16 U.S.C. 824a) is amended--
(A) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively; and
(B) in subsection (e) (as so redesignated), by
striking ``insofar as such State regulation does not
conflict with the exercise of the Commission's powers
under or relating to subsection 202(e)''.
(2) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that follows
through the period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed transmission
facilities would not impair the sufficiency of electric supply
within the United States or would not impede or tend to impede
the coordination in the public interest of facilities subject
to the jurisdiction of the Secretary.''.
SEC. 2005. EFFECTIVE DATE; RULEMAKING DEADLINES.
(a) Effective Date.--Sections 2003 and 2004, and the amendments
made by those sections, shall take effect on July 1, 2015.
(b) Rulemaking Deadlines.--Each relevant official described in
section 2003(b)(2) shall--
(1) not later than 180 days after the date of enactment of
this Act, publish in the Federal Register notice of a proposed
rulemaking to carry out the applicable requirements of section
2003; and
(2) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to carry
out the applicable requirements of section 2003.
Subtitle B--Keystone XL Permit Approval
SEC. 2011. FINDINGS.
Congress finds that--
(1) building the Keystone XL pipeline will provide jobs and
economic growth to the United States; and
(2) the Keystone XL pipeline should be approved
immediately.
SEC. 2012. KEYSTONE XL PERMIT APPROVAL.
(a) In General.--Notwithstanding Executive Order 13337 (3 U.S.C.
301 note; 69 Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423
(3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), 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 Corporation to the Department of State for the northern
portion of the Keystone XL pipeline from the Canadian border to the
border between the States of South Dakota and Nebraska.
(b) Environmental Impact Statement.--The final environmental impact
statement issued by the Secretary of State on January 31, 2014,
regarding the pipeline referred to in subsection (a), shall be
considered to satisfy all requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Critical Habitat.--No area necessary to construct or maintain
the Keystone XL pipeline shall be considered critical habitat under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other
provision of law.
(d) Permits.--Any Federal permit or authorization issued before the
date of enactment of this Act for the pipeline and cross-border
facilities described in subsection (a), and the related facilities in
the United States, shall remain in effect.
(e) Federal Judicial Review.--The pipeline and cross-border
facilities described in subsection (a), and the related facilities in
the United States, that are approved by this section, and any permit,
right-of-way, or other action taken to construct or complete the
project pursuant to Federal law, shall only be subject to judicial
review on direct appeal to the United States Court of Appeals for the
District of Columbia Circuit.
TITLE III--OUTER CONTINENTAL SHELF LEASING
SEC. 3001. FINDING.
Congress finds that the United States has enormous potential for
offshore energy development and that the people of the United States
should have access to the jobs and economic benefits from developing
those resources.
SEC. 3002. EXTENSION OF LEASING PROGRAM.
(a) In General.--Subject to subsection (c), the Draft Proposed
Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 issued by
the Secretary of the Interior (referred to in this title as the
``Secretary'') under section 18 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1344) shall be considered to be the final oil and gas
leasing program under that section for the period of fiscal years 2014
through 2019.
(b) Final Environmental Impact Statement.--The Secretary is
considered to have issued a final environmental impact statement for
the program applicable to the period 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) Exceptions.--Lease Sales 214, 232, and 239 shall not be
included in the final oil and gas leasing program for the period of
fiscal years 2014 through 2019.
SEC. 3003. LEASE SALES.
(a) In General.--Except as otherwise provided in this section, not
later than 180 days after the date of enactment of this Act and every
270 days thereafter, the Secretary shall conduct a lease sale in each
outer Continental Shelf planning area for which the Secretary
determines that there is a commercial interest in purchasing Federal
oil and gas leases for production on the outer Continental Shelf.
(b) Subsequent Determinations and Sales.--If the Secretary
determines that there is not a commercial interest in purchasing
Federal oil and gas leases for production on the outer Continental
Shelf in a planning area under this section, not later than 2 years
after the date of the determination and every 2 years thereafter, the
Secretary shall--
(1) make an additional determination on whether there is a
commercial interest in purchasing Federal oil and gas leases
for production on the outer Continental Shelf in the planning
area; and
(2) if the Secretary determines that there is a commercial
interest under paragraph (1), conduct a lease sale in the
planning area.
(c) Protection of State Interest.--In developing future leasing
programs, the Secretary shall give deference to affected coastal States
(as the term is used in the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.)) in determining leasing areas to be included in
the leasing program.
(d) Petitions.--If a person petitions the Secretary to conduct a
lease sale for an outer Continental Shelf planning area in which the
person has a commercial interest, the Secretary shall conduct a lease
sale for the area in accordance with subsection (a).
SEC. 3004. APPLICATIONS FOR PERMITS TO DRILL.
Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334)
is amended by adding at the end the following:
``(k) Applications for Permits To Drill.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall approve or disapprove an application for a permit to
drill submitted under this Act not later than 20 days after the
date on which the application is submitted to the Secretary.
``(2) Disapproval.--If the Secretary disapproves an
application for a permit to drill under paragraph (1), the
Secretary shall--
``(A) provide to the applicant a description of the
reasons for the disapproval of the application;
``(B) allow the applicant to resubmit an
application during the 10-day period beginning on the
date of the receipt of the description described in
subparagraph (A) by the applicant; and
``(C) approve or disapprove any resubmitted
application not later than 10 days after the date on
which the application is submitted to the Secretary.''.
SEC. 3005. LEASE SALES FOR CERTAIN AREAS.
(a) In General.--As soon as practicable but not later than 1 year
after the date of enactment of this Act, the Secretary shall conduct
Lease Sale 220 for areas offshore of the State of Virginia.
(b) Compliance With Other Laws.--For purposes of the lease sale
described in subsection (a), the environmental impact statement
prepared under section 3001 shall satisfy the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Energy Projects in Gulf of Mexico.--
(1) Jurisdiction.--The United States Court of Appeals for
the Fifth Circuit shall have exclusive jurisdiction over
challenges to offshore energy projects and permits to drill
carried out in the Gulf of Mexico.
(2) Filing deadline.--Any civil action to challenge a
project or permit described in paragraph (1) shall be filed not
later than 60 days after the date of approval of the project or
the issuance of the permit.
TITLE IV--UTILIZING AMERICA'S ONSHORE RESOURCES
SEC. 4001. FINDINGS.
Congress finds that--
(1) current policy has failed to take full advantage of the
natural resources on Federal land;
(2) the States should be given the option to lead energy
development on all available Federal land in a State; and
(3) the Federal Government should not inhibit energy
development on Federal land.
SEC. 4002. STATE OPTION FOR ENERGY DEVELOPMENT.
Notwithstanding any other provision of this title, a State may
elect to control energy development and production on available Federal
land in accordance with the terms and conditions of subtitle A and the
amendments made by subtitle A in lieu of being subject to the Federal
system established under subtitle B and the amendments made by subtitle
B.
Subtitle A--Energy Development by States
SEC. 4011. DEFINITIONS.
In this subtitle:
(1) Available federal land.--The term ``available Federal
land'' means any Federal land that, as of the date of enactment
of this Act--
(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.
SEC. 4012. STATE PROGRAMS.
(a) In General.--A State--
(1) may establish a program covering the leasing and
permitting processes, regulatory requirements, and any other
provisions by which the State would exercise the rights of the
State to develop all forms of energy resources on available
Federal land in the State; and
(2) as a condition of certification under section 4013(b)
shall submit a declaration to the Departments of the Interior,
Agriculture, and Energy that a program under paragraph (1) has
been established or amended.
(b) Amendment of Programs.--A State may amend a program developed
and certified under this subtitle at any time.
(c) Certification of Amended Programs.--Any program amended under
subsection (b) shall be certified under section 4013(b).
SEC. 4013. LEASING, PERMITTING, AND REGULATORY PROGRAMS.
(a) Satisfaction of Federal Requirements.--Each program certified
under this section shall be considered to satisfy all applicable
requirements of Federal law (including regulations), including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(3) the National Historic Preservation Act (16 U.S.C. 470
et seq.).
(b) Federal Certification and Transfer of Development Rights.--Upon
submission of a declaration by a State under section 4012(a)(2)--
(1) the program under section 4012(a)(1) shall be
certified; and
(2) the State shall receive all rights from the Federal
Government to develop all forms of energy resources covered by
the program.
(c) 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 subsection (b), the permit or
lease shall be considered to meet all applicable requirements of
Federal law (including regulations).
SEC. 4014. JUDICIAL REVIEW.
Activities carried out in accordance with this subtitle shall not
be subject to Federal judicial review.
SEC. 4015. ADMINISTRATIVE PROCEDURE ACT.
Activities carried out in accordance with this subtitle 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 B--Onshore Oil and Gas Permit Streamlining
PART I--OIL AND GAS LEASING CERTAINTY
SEC. 4021. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended--
(1) by striking ``Sec. 17. (a) All lands'' and inserting
the following:
``SEC. 17. LEASE OF OIL AND GAS LAND.
``(a) Authority of Secretary.--
``(1) In general.--All land''; and
(2) in subsection (a), by adding at the end the following:
``(2) Minimum acreage requirement for onshore lease
sales.--
``(A) In general.--In conducting lease sales under
paragraph (1)--
``(i) there shall be a presumption that
nominated land should be leased; and
``(ii) the Secretary of the Interior shall
offer for sale all of the nominated acreage not
previously made available for lease, unless the
Secretary demonstrates by clear and convincing
evidence that an individual lease should not be
granted.
``(B) Administration.--Acreage offered for lease
pursuant to this paragraph--
``(i) shall not be subject to protest; and
``(ii) shall be eligible for categorical
exclusions under section 390 of the Energy
Policy Act of 2005 (42 U.S.C. 15942), except
that the categorical exclusions shall not be
subject to the test of extraordinary
circumstances or any other similar regulation
or policy guidance.
``(C) Availability.--In administering this
paragraph, the Secretary shall only consider leasing of
Federal land that is available for leasing at the time
the lease sale occurs.''.
SEC. 4022. LEASING CERTAINTY.
Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) (as
amended by section 4061) is amended by adding at the end the following:
``(3) Leasing certainty.--
``(A) In general.--The Secretary of the Interior
shall not withdraw any covered energy project (as
defined in section 4051 of the American Energy
Renaissance Act of 2014) issued under this Act without
finding a violation of the terms of the lease by the
lessee.
``(B) Delay.--The Secretary shall not infringe on
lease rights under leases issued under this Act by
indefinitely delaying issuance of project approvals,
drilling and seismic permits, and rights-of-way for
activities under the lease.
``(C) Availability for lease.--Not later than 18
months after an area is designated as open under the
applicable land use plan, the Secretary shall make
available nominated areas for lease using the criteria
established under section 2.
``(D) Last payment.--
``(i) In general.--Notwithstanding any
other provision of law, the Secretary shall
issue all leases sold not later than 60 days
after the last payment is made.
``(ii) Cancellation.--The Secretary shall
not cancel or withdraw any lease parcel after a
competitive lease sale has occurred and a
winning bidder has submitted the last payment
for the parcel.
``(E) Protests.--
``(i) In general.--Not later than the end
of the 60-day period beginning on the date a
lease sale is held under this Act, the
Secretary shall adjudicate any lease protests
filed following a lease sale.
``(ii) Unsettled protest.--If, after the
60-day period described in clause (i) any
protest is left unsettled--
``(I) the protest shall be
considered automatically denied; and
``(II) the appeal rights of the
protestor shall begin.
``(F) Additional lease stipulations.--No additional
lease stipulation may be added after the parcel is sold
without consultation and agreement of the lessee,
unless the Secretary considers the stipulation as an
emergency action to conserve the resources of the
United States.''.
SEC. 4023. LEASING CONSISTENCY.
A Federal land manager shall follow existing resource management
plans and continue to actively lease in areas designated as open when
resource management plans are being amended or revised, until such time
as a new record of decision is signed.
SEC. 4024. REDUCE REDUNDANT POLICIES.
Bureau of Land Management Instruction Memorandum 2010-117 shall
have no force or effect.
SEC. 4025. STREAMLINED CONGRESSIONAL NOTIFICATION.
Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) is
amended in the first sentence of the matter following paragraph (4) by
striking ``at least thirty days in advance of the reinstatement'' and
inserting ``in an annual report''.
PART II--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM
SEC. 4031. PERMIT TO DRILL APPLICATION TIMELINE.
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is
amended by striking paragraph (2) and inserting the following:
``(2) Applications for permits to drill reform and
process.--
``(A) In general.--Not later than the end of the
30-day period beginning on the date an application for
a permit to drill is received by the Secretary, the
Secretary shall decide whether to issue the permit.
``(B) Extension.--
``(i) In general.--The Secretary may extend
the period described in subparagraph (A) for up
to 2 periods of 15 days each, if the Secretary
has given written notice of the delay to the
applicant.
``(ii) Notice.--The notice shall--
``(I) be in the form of a letter
from the Secretary or a designee of the
Secretary; and
``(II) include--
``(aa) the names and titles
of the persons processing the
application;
``(bb) the specific reasons
for the delay; and
``(cc) a specific date a
final decision on the
application is expected.
``(C) Notice of reasons for denial.--If the
application is denied, the Secretary shall provide the
applicant--
``(i) a written statement that provides
clear and comprehensive reasons why the
application was not accepted and detailed
information concerning any deficiencies; and
``(ii) an opportunity to remedy any
deficiencies.
``(D) Application deemed approved.--
``(i) In general.--Except as provided in
clause (ii), if the Secretary has not made a
decision on the application by the end of the
60-day period beginning on the date the
application is received by the Secretary, the
application shall be considered approved.
``(ii) Exceptions.--Clause (i) shall not
apply in cases in which existing reviews under
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) are
incomplete.
``(E) Denial of permit.--If the Secretary decides
not to issue a permit to drill under this paragraph,
the Secretary shall--
``(i) provide to the applicant a
description of the reasons for the denial of
the permit;
``(ii) allow the applicant to resubmit an
application for a permit to drill during the
10-day period beginning on the date the
applicant receives the description of the
denial from the Secretary; and
``(iii) issue or deny any resubmitted
application not later than 10 days after the
date the application is submitted to the
Secretary.
``(F) Fee.--
``(i) In general.--Notwithstanding any
other provision of law, the Secretary shall
collect a single $6,500 permit processing fee
per application from each applicant at the time
the final decision is made whether to issue a
permit under subparagraph (A).
``(ii) Resubmitted application.--The fee
required under clause (i) shall not apply to
any resubmitted application.
``(iii) Treatment of permit processing
fee.--Subject to appropriation, of all fees
collected under this paragraph for each fiscal
year, 50 percent shall be--
``(I) transferred to the field
office at which the fees are collected;
and
``(II) used to process protests,
leases, and permits under this Act.''.
SEC. 4032. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) (as
amended by section 4031) is amended by adding at the end the following:
``(4) Protest fee.--
``(A) In general.--The Secretary shall collect a
$5,000 documentation fee to accompany each
administrative protest for a lease, right-of-way, or
application for a permit to drill.
``(B) Treatment of fees.--Subject to appropriation,
of all fees collected under this paragraph for each
fiscal year, 50 percent shall--
``(i) remain in the field office at which
the fees are collected; and
``(ii) be used to process protests.''.
SEC. 4033. IMPROVED FEDERAL ENERGY PERMIT COORDINATION.
(a) Definitions.--In this section:
(1) Energy project.--The term ``energy project'' includes
any oil, natural gas, coal, or other energy project, as defined
by the Secretary.
(2) Project.--The term ``Project'' means the Federal Permit
Streamlining Project established under subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Establishment.--The Secretary shall establish a Federal Permit
Streamlining Project in each Bureau of Land Management field office
with responsibility for permitting energy projects on Federal land.
(c) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of carrying out this
section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Chief of Engineers.
(2) State participation.--The Secretary may request that
the Governor of any State with energy projects on Federal land
to be a signatory to the memorandum of understanding.
(d) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date of
the signing of the memorandum of understanding under subsection
(c), each Federal signatory party shall, if appropriate, assign
to each Bureau of Land Management field office an employee who
has expertise in the regulatory issues relating to the office
in which the employee is employed, including, as applicable,
particular expertise in--
(A) the consultations and the preparation of
biological opinions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) planning under the National Forest Management
Act of 1976 (16 U.S.C. 1600 et seq.); and
(E) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) not later than 90 days after the date of
assignment, report to the Bureau of Land Management
Field Managers in the office to which the employee is
assigned;
(B) be responsible for all issues relating to the
energy projects that arise under the authorities of the
home agency of the employee; and
(C) participate as part of the team of personnel
working on proposed energy projects, planning, and
environmental analyses on Federal land.
(e) Additional Personnel.--The Secretary shall assign to each
Bureau of Land Management field office described in subsection (b) any
additional personnel that are necessary to ensure the effective
approval and implementation of energy projects administered by the
Bureau of Land Management field office, including inspection and
enforcement relating to energy development on Federal land, in
accordance with the multiple use mandate of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(f) Funding.--Funding for the additional personnel shall come from
the Department of the Interior reforms under paragraph (2) of section
17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) (as amended by
section 4031 and section 4032).
(g) Savings Provision.--Nothing in this section affects--
(1) the operation of any Federal or State law; or
(2) any delegation of authority made by the head of a
Federal agency any employee of which is participating in the
Project.
SEC. 4034. ADMINISTRATION.
Notwithstanding any other provision of law, the Secretary of the
Interior shall not require a finding of extraordinary circumstances in
administering section 390 of the Energy Policy Act of 2005 (42 U.S.C.
15942).
PART III--OIL SHALE
SEC. 4041. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO
RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION.
(a) Regulations.--
(1) In general.--Notwithstanding any other provision of law
(including regulations), the final regulations regarding oil
shale management published by the Bureau of Land Management on
November 18, 2008 (73 Fed. Reg. 69414), shall be considered to
satisfy all legal and procedural requirements under any law,
including--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(2) Implementation.--The Secretary of the Interior shall
implement the regulations described in paragraph (1) (including
the oil shale leasing program authorized by the regulations)
without any other administrative action necessary.
(b) Amendments to Resource Management Plans and Record of
Decision.--
(1) In general.--Notwithstanding any other provision of law
(including regulations) to the contrary, the Approved Resource
Management Plan Amendments/Record of Decision for Oil Shale and
Tar Sands Resources to Address Land Use Allocations in
Colorado, Utah, and Wyoming and the Final Programmatic
Environmental Impact Statement of the Bureau of Land
Management, as in effect on November 17, 2008, shall be
considered to satisfy all legal and procedural requirements
under any law, including--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(2) Implementation.--The Secretary of the Interior shall
implement the oil shale leasing program authorized by the
regulations described in paragraph (1) in those areas covered
by the resource management plans covered by the amendments, and
covered by the record of decision, described in paragraph (1)
without any other administrative action necessary.
SEC. 4042. OIL SHALE LEASING.
(a) Additional Research and Development Lease Sales.--Not later
than 180 days after the date of enactment of this Act, the Secretary of
the Interior shall hold a lease sale offering an additional 10 parcels
for lease for research, development, and demonstration of oil shale
resources, under the terms offered in the solicitation of bids for such
leases published on January 15, 2009 (74 Fed. Reg. 2611).
(b) Commercial Lease Sales.--
(1) In general.--Not later than January 1, 2016, the
Secretary of the Interior shall hold not less than 5 separate
commercial lease sales in areas considered to have the most
potential for oil shale development, as determined by the
Secretary, in areas nominated through public comment.
(2) Administration.--Each lease sale shall be--
(A) for an area of not less than 25,000 acres; and
(B) in multiple lease blocs.
PART IV--NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS
SEC. 4051. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE
NATIONAL PETROLEUM RESERVE IN ALASKA.
It is the sense of Congress that--
(1) the National Petroleum Reserve in Alaska remains
explicitly designated, both in name and legal status, for
purposes of providing oil and natural gas resources to the
United States; and
(2) accordingly, the national policy is to actively advance
oil and gas development within the Reserve by facilitating the
expeditious exploration, production, and transportation of oil
and natural gas from and through the Reserve.
SEC. 4052. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.
Section 107 of the Naval Petroleum Reserves Production Act of 1976
(42 U.S.C. 6506a) is amended by striking subsection (a) and inserting
the following:
``(a) In General.--The Secretary shall conduct an expeditious
program of competitive leasing of oil and gas in the Reserve--
``(1) in accordance with this Act; and
``(2) that shall include at least 1 lease sale annually in
the areas of the Reserve most likely to produce commercial
quantities of oil and natural gas for each of calendar years
2014 through 2023.''.
SEC. 4053. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND
PERMITTING PIPELINE AND ROAD CONSTRUCTION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Interior, in consultation with other appropriate
Federal agencies, shall facilitate and ensure permits, in a timely and
environmentally responsible manner, for all surface development
activities, including for the construction of pipelines and roads,
necessary--
(1) to develop and bring into production any areas within
the National Petroleum Reserve in Alaska that are subject to
oil and gas leases; and
(2) to transport oil and gas from and through the National
Petroleum Reserve in Alaska in the most direct manner possible
to existing transportation or processing infrastructure on the
North Slope of Alaska.
(b) Timeline.--The Secretary shall ensure that any Federal
permitting agency shall issue permits in accordance with the following
timeline:
(1) Permits for the construction described in subsection
(a) for transportation of oil and natural gas produced under
existing Federal oil and gas leases with respect to which the
Secretary has issued a permit to drill shall be approved not
later than 60 days after the date of enactment of this Act.
(2) Permits for the construction described in subsection
(a) for transportation of oil and natural gas produced under
Federal oil and gas leases shall be approved not later than 180
days after the date on which a request for a permit to drill is
submitted to the Secretary.
(c) Plan.--To ensure timely future development of the National
Petroleum Reserve in Alaska, not later than 270 days after the date of
enactment of this Act, the Secretary of the Interior shall submit to
Congress a plan for approved rights-of-way for a plan for pipeline,
road, and any other surface infrastructure that may be necessary
infrastructure that will ensure that all leasable tracts in the Reserve
are within 25 miles of an approved road and pipeline right-of-way that
can serve future development of the Reserve.
SEC. 4054. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND ENVIRONMENTAL
IMPACT STATEMENT.
(a) Issuance of New Integrated Activity Plan.--Not later than 180
days after the date of enactment of this Act, the Secretary of the
Interior shall issue--
(1) a new proposed integrated activity plan from among the
nonadopted alternatives in the National Petroleum Reserve
Alaska Integrated Activity Plan Record of Decision issued by
the Secretary of the Interior and dated February 21, 2013; and
(2) an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the
National Petroleum Reserve-Alaska to promote efficient and
maximum development of oil and natural gas resources of the
Reserve.
(b) Nullification of Existing Record of Decision, IAP, and EIS.--
Except as provided in subsection (a), the National Petroleum Reserve-
Alaska Integrated Activity Plan Record of Decision issued by the
Secretary of the Interior and dated February 21, 2013, including the
integrated activity plan and environmental impact statement referred to
in that record of decision, shall have no force or effect.
SEC. 4055. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.
The Secretary of the Interior shall promulgate regulations not
later than 180 days after the date of enactment of this Act that
establish clear requirements to ensure that the Department of the
Interior is supporting development of oil and gas leases in the
National Petroleum Reserve-Alaska.
SEC. 4056. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN.
At a minimum, the new proposed integrated activity plan issued
under section 4054(a)(1) shall--
(1) require the Department of the Interior to respond
within 5 business days to a person who submits an application
for a permit for development of oil and natural gas leases in
the National Petroleum Reserve-Alaska acknowledging receipt of
the application; and
(2) establish a timeline for the processing of each
application that--
(A) specifies deadlines for decisions and actions
on permit applications; and
(B) provides that the period for issuing a permit
after the date on which the application is submitted
shall not exceed 60 days without the concurrence of the
applicant.
SEC. 4057. UPDATED RESOURCE ASSESSMENT.
(a) In General.--The Secretary of the Interior shall complete a
comprehensive assessment of all technically recoverable fossil fuel
resources within the National Petroleum Reserve in Alaska, including
all conventional and unconventional oil and natural gas.
(b) Cooperation and Consultation.--The assessment required by
subsection (a) shall be carried out by the United States Geological
Survey in cooperation and consultation with the State of Alaska and the
American Association of Petroleum Geologists.
(c) Timing.--The assessment required by subsection (a) shall be
completed not later than 2 years after the date of enactment of this
Act.
(d) Funding.--In carrying out this section, the United States
Geological Survey may cooperatively use resources and funds provided by
the State of Alaska.
PART V--MISCELLANEOUS PROVISIONS
SEC. 4061. SANCTIONS.
Nothing in this title authorizes the issuance of a lease under the
Mineral Leasing Act (30 U.S.C. 181 et seq.) to any person designated
for the imposition of sanctions pursuant to--
(1) the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (22 U.S.C. 2151 note; Public Law 108-
175);
(2) the Comprehensive Iran Sanctions, Accountability, and
Divestiture Act of 2010 (22 U.S.C. 8501 et seq.);
(3) section 1245 of the National Defense Authorization Act
for Fiscal Year 2012 (22 U.S.C. 8513a);
(4) the Iran Threat Reduction and Syria Human Rights Act of
2012 (22 U.S.C. 8701 et seq.);
(5) the Iran Freedom and Counter-Proliferation Act of 2012
(22 U.S.C. 8801 et seq.);
(6) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note;
Public Law 104-172);
(7) Executive Order 13224 (50 U.S.C. 1701 note; relating to
blocking property and prohibiting transactions with persons who
commit, threaten to commit, or support terrorism);
(8) Executive Order 13338 (50 U.S.C. 1701 note; relating to
blocking property of certain persons and prohibiting the export
of certain goods to Syria);
(9) Executive Order 13622 (50 U.S.C. 1701 note; relating to
authorizing additional sanctions with respect to Iran);
(10) Executive Order 13628 (50 U.S.C. 1701 note; relating
to authorizing additional sanctions with respect to Iran); or
(11) Executive Order 13645 (50 U.S.C. 1701 note; relating
to authorizing additional sanctions with respect to Iran).
SEC. 4062. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES.
(a) Authorization.--Section 17(b)(1) of the Mineral Leasing Act (30
U.S.C. 226(b)(1)) is amended--
(1) in subparagraph (A), in the third sentence, by
inserting ``, except as provided in subparagraph (C)'' after
``by oral bidding''; and
(2) by adding at the end the following:
``(C) Internet-Based Bidding.--
``(i) In general.--In order to diversify and expand the
onshore leasing program of the United States to ensure the best
return to the Federal taxpayer, reduce fraud, and secure the
leasing process, the Secretary may conduct onshore lease sales
through Internet-based bidding methods.
``(ii) Conclusion.--Each individual Internet-based lease
sale shall conclude not later than 7 days after the date on
which the sale begins.''.
(b) Report.--Not later than 90 days after the date on which the
tenth Internet-based lease sale conducted under the amendment made by
subsection (a) concludes, the Secretary of the Interior shall analyze
the first 10 Internet-based lease sales and report to Congress the
findings of the analysis, including--
(1) estimates on increases or decreases in Internet-based
lease sales, compared to sales conducted by oral bidding, in--
(A) the number of bidders;
(B) the average amount of bid;
(C) the highest amount bid; and
(D) the lowest bid;
(2) an estimate on the total cost or savings to the
Department of the Interior as a result of Internet-based lease
sales, compared to sales conducted by oral bidding; and
(3) an evaluation of the demonstrated or expected
effectiveness of different structures for lease sales which may
provide an opportunity to better--
(A) maximize bidder participation;
(B) ensure the highest return to the Federal
taxpayers;
(C) minimize opportunities for fraud or collusion;
and
(D) ensure the security and integrity of the
leasing process.
PART VI--JUDICIAL REVIEW
SEC. 4071. DEFINITIONS.
In this part:
(1) Covered civil action.--The term ``covered civil
action'' means a civil action containing a claim under section
702 of title 5, United States Code, regarding agency action (as
defined for the purposes of that section) affecting a covered
energy project on Federal land.
(2) Covered energy project.--
(A) In general.--The term ``covered energy
project'' means--
(i) the leasing of Federal land for the
exploration, development, production,
processing, or transmission of oil, natural
gas, wind, or any other source of energy; and
(ii) any action under the lease.
(B) Exclusion.--The term ``covered energy project''
does not include any dispute between the parties to a
lease regarding the obligations under the lease,
including any alleged breach of the lease.
SEC. 4072. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO
COVERED ENERGY PROJECTS.
Venue for any covered civil action shall lie in the United States
district court in which the covered energy project or lease exists or
is proposed.
SEC. 4073. TIMELY FILING.
To ensure timely redress by the courts, a covered civil action
shall be filed not later than the end of the 90-day period beginning on
the date of the final Federal agency action to which the covered civil
action relates.
SEC. 4074. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as practicable.
SEC. 4075. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.
(a) In General.--In a covered civil action, a court shall not grant
or approve any prospective relief unless the court finds that the
relief--
(1) is narrowly drawn;
(2) extends no further than necessary to correct the
violation of a legal requirement; and
(3) is the least intrusive means necessary to correct the
violation.
(b) Duration.--
(1) In general.--A court shall limit the duration of
preliminary injunctions to halt covered energy projects to not
more than 60 days, unless the court finds clear reasons to
extend the injunction.
(2) Administration.--In the case of an extension, the
extension shall--
(A) only be in 30-day increments; and
(B) require action by the court to renew the
injunction.
SEC. 4076. LIMITATION ON ATTORNEYS' FEES AND COURT COSTS.
(a) In General.--Sections 504 of title 5 and 2412 of title 28,
United States Code (commonly known as the ``Equal Access to Justice
Act''), shall not apply to a covered civil action.
(b) Court Costs.--A party to a covered civil action shall not
receive payment from the Federal Government for the attorneys' fees,
expenses, or other court costs incurred by the party.
SEC. 4077. LEGAL STANDING.
A challenger that files an appeal with the Department of the
Interior Board of Land Appeals shall meet the same standing
requirements as a challenger before a United States district court.
TITLE V--ADDITIONAL ONSHORE RESOURCES
Subtitle A--Leasing Program for Land Within Coastal Plain
SEC. 5001. FINDING.
Congress finds that development of energy reserves under the
Coastal Plain of Alaska, performed in an environmentally responsible
manner, will contribute to job growth and economic development.
SEC. 5002. DEFINITIONS.
In this subtitle:
(1) Coastal plain.--The term ``Coastal Plain'' means the
area described in appendix I to part 37 of title 50, Code of
Federal Regulations.
(2) Peer reviewed.--The term ``peer reviewed'' means
reviewed--
(A) by individuals chosen by the National Academy
of Sciences with no contractual relationship with, or
those who have no application for a grant or other
funding pending with, the Federal agency with leasing
jurisdiction; or
(B) if individuals described in subparagraph (A)
are not available, by the top individuals in the
specified biological fields, as determined by the
National Academy of Sciences.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5003. LEASING PROGRAM FOR LAND ON THE COASTAL PLAIN.
(a) In General.--The Secretary shall--
(1) 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 the exploration,
development, and production of the oil and gas resources of the
Coastal Plain; and
(2) administer the provisions of this subtitle 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 do not result in any
significant adverse effect on fish and wildlife, the habitat of
fish and wildlife, subsistence resources, or 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
subtitle in a manner that ensures the receipt of fair market
value by the public for the mineral resources to be leased.
(b) Repeal of Existing Restriction.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--The table of contents contained
in section 1 of that Act (16 U.S.C. 3101 note) is amended by
striking the item relating to section 1003.
(c) 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 section on 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 document of
the Department of the Interior entitled ``Final Legislative
Environmental Impact Statement'' and dated April 1987 relating
to the Coastal Plain prepared pursuant to section 1002 of the
Alaska National Interest Lands Conservation Act (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 (42 U.S.C. 4321 et seq.) that apply with respect to
prelease activities under this subtitle, including actions
authorized to be taken by the Secretary to develop and
promulgate 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.--
(A) In general.--Prior to conducting the first
lease sale under this subtitle, the Secretary shall
prepare an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to the actions authorized by
this subtitle not covered by paragraph (2).
(B) Nonleasing alternatives not required.--
Notwithstanding any other provision of law, in
preparing the environmental impact statement under
subparagraph (A), the Secretary--
(i) shall--
(I) only identify a preferred
action for leasing and a single leasing
alternative; and
(II) analyze the environmental
effects and potential mitigation
measures for those 2 alternatives; and
(ii) is not required--
(I) to identify nonleasing
alternative courses of action; or
(II) to analyze the environmental
effects of nonleasing alternative
courses of action.
(C) Deadline.--The identification under
subparagraph (B)(i)(I) for the first lease sale
conducted under this subtitle shall be completed not
later than 18 months after the date of enactment of
this Act.
(D) Public comment.--The Secretary shall only
consider public comments that--
(i) specifically address the preferred
action of the Secretary; and
(ii) are filed not later than 20 days after
the date on which the environmental analysis is
published.
(E) Compliance.--Notwithstanding any other
provision of 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.
(d) Relationship to State and Local Authority.--Nothing in this
subtitle expands or limits State or local regulatory authority.
(e) Special Areas.--
(1) In general.--The Secretary, after consultation with the
State of Alaska, the city of Kaktovik and the North Slope
Borough of the State of Alaska, may designate not more than
45,000 acres of the Coastal Plain as a ``Special Area'' if the
Secretary determines that the area is of such unique character
and interest so as to require special management and regulatory
protection.
(2) Sadlerochit spring area.--The Secretary shall designate
the Sadlerochit Spring area, consisting of approximately 4,000
acres, as a Special Area.
(3) Management.--Each Special Area shall be managed to
protect and preserve the unique and diverse character of the
area, including the fish, wildlife, and subsistence resource
values of the area.
(4) Exclusion from leasing or surface occupancy.--
(A) In general.--The Secretary may exclude any
Special Area from leasing.
(B) No surface occupancy.--If the Secretary leases
a Special Area, or any part of a Special Area, for oil
and gas exploration, development, production, or
related activities, there shall be no surface occupancy
of the land comprising the Special Area.
(5) 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 tracts
located outside the Special Area.
(f) Limitation on Closed Areas.--The authority of the Secretary to
close land on the Coastal Plain to oil and gas leasing, exploration,
development, or production shall be limited to the authority provided
under this subtitle.
(g) Regulations.--
(1) In general.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall promulgate
regulations necessary to carry out this subtitle, including
regulations relating to protection of fish and wildlife, the
habitat of fish and wildlife, subsistence resources, and
environment of the Coastal Plain.
(2) Revision of regulations.--The Secretary shall, through
a rulemaking conducted in accordance with section 553 of title
5, United States Code, periodically review and, if appropriate,
revise the regulations promulgated under paragraph (1) to
reflect a preponderance of the best available scientific
evidence that has been peer reviewed and obtained by following
appropriate, documented scientific procedures, the results of
which can be repeated using those same procedures.
SEC. 5004. LEASE SALES.
(a) In General.--In accordance with the requirements of this
subtitle, the Secretary may lease land under 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.).
(b) Procedures.--The Secretary shall, by regulation and not later
than 180 days after the date of enactment of this Act, establish
procedures for--
(1) receipt and consideration of sealed nominations for any
area of the Coastal Plain for inclusion in, or exclusion from,
a lease sale;
(2) the holding of lease sales after the nomination
process; and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Lease sales under this subtitle may be
conducted through an Internet leasing program, if the Secretary
determines that the Internet leasing program will result in savings to
the taxpayer, an increase in the number of bidders participating, and
higher returns than oral bidding or a sealed bidding system.
(d) Sale Acreages and Schedule.--The Secretary shall--
(1) offer for lease under this subtitle--
(A) those tracts the Secretary considers to have
the greatest potential for the discovery of
hydrocarbons, taking into consideration nominations
received under subsection (b)(1); and
(B)(i) not fewer than 50,000 acres by not later
than 22 months after the date of the enactment of this
Act; and
(ii) not fewer than an additional 50,000 acres at
6-, 12-, and 18-month intervals following the initial
offering under subclause (i);
(2) conduct 4 additional lease sales under the same terms
and schedule as the last lease sale under paragraph (1)(B)(ii)
not later than 2 years after the date of that sale, if
sufficient interest in leasing exists to warrant, in the
judgment of the Secretary, the conduct of the sales; and
(3) evaluate the bids in each lease sale under this
subsection and issue leases resulting from the sales not later
than 90 days after the date on which the sale is completed.
SEC. 5005. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--The Secretary may grant to the highest responsible
qualified bidder in a lease sale conducted under section 5004 any land
to be leased on the Coastal Plain upon payment by the bidder of any
bonus as may be accepted by the Secretary.
(b) Subsequent Transfers.--No lease issued under this subtitle may
be sold, exchanged, assigned, sublet, or otherwise transferred except
with the approval of the Secretary after the Secretary consults with,
and gives due consideration to the views of, the Attorney General.
SEC. 5006. LEASE TERMS AND CONDITIONS.
An oil or gas lease issued under this subtitle shall--
(1) provide for the payment of a royalty of not less than
12.5 percent in amount or value of the production removed or
sold under the lease, as determined by the Secretary under the
regulations applicable to other Federal oil and gas leases;
(2) provide that the Secretary may close, on a seasonal
basis, portions of the Coastal Plain to exploratory drilling
activities as necessary to protect caribou calving areas and
other species of fish and wildlife based on a preponderance of
the best available scientific evidence that has been peer
reviewed and obtained by following appropriate, documented
scientific procedures, the results of which can be repeated
using those same procedures;
(3) require that the lessee of land on the Coastal Plain
shall be fully responsible and liable for the reclamation of
land on the Coastal Plain and any other Federal land that is
adversely affected in connection with exploration, development,
production, or transportation activities conducted under the
lease and on the Coastal Plain by the lessee or by any of the
subcontractors or agents of the lessee;
(4) 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;
(5) provide that the standard of reclamation for land
required to be reclaimed under this subtitle shall be, as
nearly as practicable, a condition capable of supporting the
uses which the land was capable of supporting prior to any
exploration, development, or production activities, or upon
application by the lessee, to a higher or better use as
certified by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, the habitat of fish and wildlife,
subsistence resources, and the environment as required under
section 5003(a)(2);
(7) provide that the lessee, agents of the lessee, and
contractors of the lessee 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
(8) contain such other provisions as the Secretary
determines necessary to ensure compliance with this subtitle
and the regulations issued pursuant to this subtitle.
SEC. 5007. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized
Coastal Plain Activities.--The Secretary shall, consistent with the
requirements of section 5003, administer this subtitle through
regulations, lease terms, conditions, restrictions, prohibitions,
stipulations, and other provisions that--
(1) ensure the oil and gas exploration, development, and
production activities on the Coastal Plain shall not result in
any significant adverse effect on fish and wildlife, the
habitat of fish and wildlife, or the environment;
(2) require the application of the best commercially
available technology for oil and gas exploration, development,
and production on all new exploration, development, and
production operations; and
(3) ensure that the maximum amount of surface acreage
covered by production and support facilities, including
airstrips and any areas covered by gravel berms or piers for
support of pipelines, does not exceed 10,000 acres on the
Coastal Plain for each 100,000 acres of area leased.
(b) Site-Specific Assessment and Mitigation.--With respect to any
proposed drilling and related activities, the Secretary shall require
that--
(1) a site-specific analysis be made of the probable
effects, if any, that the drilling or related activities will
have on fish and wildlife, the habitat of fish and wildlife,
subsistence resources, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the extent practicable) any significant
adverse effect identified under paragraph (1); and
(3) the development of the plan shall occur after
consultation with the agency or agencies having jurisdiction
over matters mitigated by the plan.
(c) Regulations To Protect Coastal Plain Fish and Wildlife
Resources, Subsistence Users, and the Environment.--Prior to
implementing the leasing program authorized by this subtitle, the
Secretary shall prepare and promulgate regulations, lease terms,
conditions, restrictions, prohibitions, stipulations, and other
measures designed to ensure that the activities undertaken on the
Coastal Plain under this subtitle are conducted in a manner consistent
with the purposes and environmental requirements of this subtitle.
(d) Compliance With Federal and State Environmental Laws and Other
Requirements.--The proposed regulations, lease terms, conditions,
restrictions, prohibitions, and stipulations for the leasing program
under this subtitle shall require compliance with all applicable
provisions of Federal and State environmental law and compliance with
the following:
(1) Standards at least as effective as the safety and
environmental mitigation measures set forth in items 1 through
29 at pages 167 through 169 of the document of the Department
of the Interior entitled ``Final Legislative Environmental
Impact Statement'' and dated April 1987 relating to the Coastal
Plain.
(2) Seasonal limitations on exploration, development, and
related activities, where necessary, to avoid significant
adverse effects during periods of concentrated fish and
wildlife breeding, denning, nesting, spawning, and migration
based on a preponderance of the best available scientific
evidence that has been peer reviewed and obtained by following
appropriate, documented scientific procedures, the results of
which can be repeated using those same procedures.
(3) That exploration activities, except for surface
geological studies--
(A) be limited to the period between approximately
November 1 and May 1 each year; and
(B) be supported, if necessary, by ice roads,
winter trails with adequate snow cover, ice pads, ice
airstrips, and air transport methods, except that
exploration activities may occur at other times if the
Secretary finds that the exploration will have no
significant adverse effect on the fish and wildlife,
the habitat of fish and wildlife, and the environment
of the Coastal Plain.
(4) Design safety and construction standards for all
pipelines and any access and service roads, that minimize, to
the maximum extent practicable, adverse effects on--
(A) the passage of migratory species such as
caribou; and
(B) the flow of surface water by requiring the use
of culverts, bridges, and other structural devices.
(5) Prohibitions on general public access and use on all
pipeline access and service roads.
(6) Stringent reclamation and rehabilitation requirements,
consistent with the standards set forth in this subtitle,
requiring the removal from the Coastal Plain of all oil and gas
development and production facilities, structures, and
equipment upon completion of oil and gas production operations,
except that the Secretary may exempt from the requirements of
this paragraph those facilities, structures, or equipment that
the Secretary determines would assist in the management of the
Arctic National Wildlife Refuge and that are donated to the
United States for that purpose.
(7) Appropriate prohibitions or restrictions on access by
all modes of transportation.
(8) Appropriate prohibitions or restrictions on sand and
gravel extraction.
(9) Consolidation of facility siting.
(10) Appropriate prohibitions or restrictions on the use of
explosives.
(11) Avoidance, to the extent practicable, of springs,
streams, and river systems, the protection of natural surface
drainage patterns, wetlands, and riparian habitats, and the
regulation of methods or techniques for developing or
transporting adequate supplies of water for exploratory
drilling.
(12) Avoidance or minimization of air traffic-related
disturbance to fish and wildlife.
(13) Treatment and disposal of hazardous and toxic wastes,
solid wastes, reserve pit fluids, drilling muds and cuttings,
and domestic wastewater, including an annual waste management
report, a hazardous materials tracking system, and a
prohibition on chlorinated solvents, in accordance with
applicable Federal and State environmental law (including
regulations).
(14) Fuel storage and oil spill contingency planning.
(15) Research, monitoring, and reporting requirements.
(16) Field crew environmental briefings.
(17) Avoidance of significant adverse effects upon
subsistence hunting, fishing, and trapping by subsistence
users.
(18) Compliance with applicable air and water quality
standards.
(19) Appropriate seasonal and safety zone designations
around well sites, within which subsistence hunting and
trapping shall be limited.
(20) Reasonable stipulations for protection of cultural and
archeological resources.
(21) All other protective environmental stipulations,
restrictions, terms, and conditions determined necessary by the
Secretary.
(e) Considerations.--In preparing and promulgating regulations,
lease terms, conditions, restrictions, prohibitions, and stipulations
under this section, the Secretary shall consider--
(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;
and
(3) the land use stipulations for exploratory drilling on
the KIC-ASRC private land that are set forth in appendix 2 of
the August 9, 1983, agreement between Arctic Slope Regional
Corporation and the United States.
(f) 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, the habitat of fish and wildlife, and the
environment.
(D) Using existing facilities wherever practicable.
(E) Enhancing compatibility between wildlife values
and development activities.
(g) Access to Public Land.--The Secretary shall--
(1) manage public land in the Coastal Plain subject to
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 land in the Coastal Plain for traditional
uses.
SEC. 5008. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaint.--
(1) Deadline.--Subject to paragraph (2), any complaint
seeking judicial review of--
(A) any provision of this subtitle shall be filed
by not later than 1 year after the date of enactment of
this Act; or
(B) any action of the Secretary under this subtitle
shall be filed--
(i) except as provided in clause (ii),
during the 90-day period beginning on the date
on which the action is challenged; or
(ii) in the case of a complaint based
solely on grounds arising after the period
described in clause (i), not later than 90 days
after the date on which the complainant knew or
reasonably should have known of the grounds for
the complaint.
(2) 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.
(3) Limitation on scope of certain review.--
(A) In general.--Judicial review of a decision by
the Secretary to conduct a lease sale under this
subtitle, including an environmental analysis, shall
be--
(i) limited to whether the Secretary has
complied with this subtitle; and
(ii) based on the administrative record of
that decision.
(B) Presumption.--The identification by the
Secretary of a preferred course of action to enable
leasing to proceed and the analysis by the Secretary of
environmental effects under this subtitle is presumed
to be correct unless shown otherwise by clear and
convincing evidence.
(b) 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.
(c) Limitation on Attorneys' Fees and Court Costs.--
(1) In general.--Sections 504 of title 5 and 2412 of title
28, United States Code (commonly known as the ``Equal Access to
Justice Act''), shall not apply to any action under this
subtitle.
(2) Court costs.--A party to any action under this subtitle
shall not receive payment from the Federal Government for the
attorneys' fees, expenses, or other court costs incurred by the
party.
SEC. 5009. TREATMENT OF REVENUES.
Notwithstanding any other provision of law, 90 percent of the
amount of bonus, rental, and royalty revenues from Federal oil and gas
leasing and operations authorized under this subtitle shall be
deposited in the Treasury.
SEC. 5010. 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 produced under leases under this subtitle--
(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
(16 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, 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, the habitat of fish and wildlife, subsistence resources, or
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
promulgated under section 5003(g) provisions granting rights-of-way and
easements described in subsection (a).
SEC. 5011. CONVEYANCE.
In order to maximize Federal revenues by removing clouds on titles
to land and clarifying land ownership patterns on the Coastal Plain,
and notwithstanding section 1302(h)(2) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3192(h)(2)), the Secretary shall
convey--
(1) to the Kaktovik Inupiat Corporation, the surface estate
of the land described in paragraph 1 of Public Land Order 6959,
to the extent necessary to fulfill the entitlement of the
Kaktovik Inupiat Corporation under sections 12 and 14 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1611, 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 dated January 22, 1993; and
(2) to the Arctic Slope Regional Corporation the remaining
subsurface estate to which the Arctic Slope Regional
Corporation is entitled pursuant to the August 9, 1983,
agreement between the Arctic Slope Regional Corporation and the
United States of America.
Subtitle B--Native American Energy
SEC. 5021. FINDINGS.
Congress finds that--
(1) the Federal Government has unreasonably interfered with
the efforts of Indian tribes to develop energy resources on
tribal land; and
(2) Indian tribes should have the opportunity to gain the
benefits of the jobs, investment, and economic development to
be gained from energy development.
SEC. 5022. APPRAISALS.
(a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25
U.S.C. 3501 et seq.) is amended by adding at the end the following:
``SEC. 2607. APPRAISAL REFORMS.
``(a) Options to Indian Tribes.--With respect to a transaction
involving Indian land or the trust assets of an Indian tribe that
requires the approval of the Secretary, any appraisal or other
estimates of value relating to fair market value required to be
conducted under applicable law, regulation, or policy may be completed
by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Time Limit on Secretarial Review and Action.--Not later than
30 days after the date on which the Secretary receives an appraisal
conducted by or for an Indian tribe pursuant to paragraph (2) or (3) of
subsection (a), the Secretary shall--
``(1) review the appraisal; and
``(2) provide to the Indian tribe a written notice of
approval or disapproval of the appraisal.
``(c) Failure of Secretary To Approve or Disapprove.--If the
Secretary has failed to approve or disapprove any appraisal by the date
that is 60 days after the date on which the appraisal is received, the
appraisal shall be deemed approved.
``(d) Option of Indian Tribes To Waive Appraisal.--An Indian tribe
may waive the requirements of subsection (a) if the Indian tribe
provides to the Secretary a written resolution, statement, or other
unambiguous indication of tribal intent to waive the requirements
that--
``(1) is duly approved by the governing body of the Indian
tribe; and
``(2) includes an express waiver by the Indian tribe of any
claims for damages the Indian tribe might have against the
United States as a result of the waiver.
``(e) Regulations.--The Secretary shall promulgate regulations to
implement this section, including standards the Secretary shall use for
approving or disapproving an appraisal under subsection (b).''.
(b) Conforming Amendment.--The table of contents of the Energy
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the
end of the items relating to title XXVI the following:
``Sec. 2607. Appraisal reforms.''.
SEC. 5023. STANDARDIZATION.
As soon as practicable after the date of enactment of this Act, the
Secretary of the Interior shall implement procedures to ensure that
each agency within the Department of the Interior that is involved in
the review, approval, and oversight of oil and gas activities on Indian
land shall use a uniform system of reference numbers and tracking
systems for oil and gas wells.
SEC. 5024. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN
LAND.
Section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) is amended--
(1) in the matter preceding paragraph (1) by inserting
``(a) In General.--'' before ``The Congress authorizes''; and
(2) by adding at the end the following:
``(b) Review of Major Federal Actions on Indian Land.--
``(1) Definitions of indian land and indian tribe.--In this
subsection, the terms `Indian land' and `Indian tribe' have the
meaning given those terms in section 2601 of the Energy Policy
Act of 1992 (25 U.S.C. 3501).
``(2) In general.--For any major Federal action on Indian
land of an Indian tribe requiring the preparation of a
statement under subsection (a)(2)(C), the statement shall only
be available for review and comment by--
``(A) the members of the Indian tribe; and
``(B) any other individual residing within the
affected area.
``(3) Regulations.--The Chairman of the Council on
Environmental Quality, in consultation with Indian tribes,
shall develop regulations to implement this section, including
descriptions of affected areas for specific major Federal
actions.''.
SEC. 5025. JUDICIAL REVIEW.
(a) Definitions.--In this section:
(1) Agency action.--The term ``agency action'' has the
meaning given the term in section 551 of title 5, United States
Code.
(2) Energy related action.--The term ``energy-related
action'' means a civil action that--
(A) is filed on or after the date of enactment of
this Act; and
(B) seeks judicial review of a final agency action
relating to the issuance of a permit, license, or other
form of agency permission allowing--
(i) any person or entity to conduct on
Indian Land activities involving the
exploration, development, production, or
transportation of oil, gas, coal, shale gas,
oil shale, geothermal resources, wind or solar
resources, underground coal gasification,
biomass, or the generation of electricity; or
(ii) any Indian Tribe, or any organization
of 2 or more entities, not less than 1 of which
is an Indian tribe, to conduct activities
involving the exploration, development,
production, or transportation of oil, gas,
coal, shale gas, oil shale, geothermal
resources, wind or solar resources, underground
coal gasification, biomass, or the generation
of electricity, regardless of where such
activities are undertaken.
(3) Indian land.--
(A) In general.--The term ``Indian land'' has the
meaning given the term in section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501).
(B) Inclusion.--The term ``Indian land'' includes
land owned by a Native Corporation (as that term is
defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602)) under that Act (43
U.S.C. 1601 et seq.).
(4) Ultimately prevail.--
(A) In general.--The term ``ultimately prevail''
means, in a final enforceable judgment that the court
rules in the party's favor on at least 1 civil claim
that is an underlying rationale for the preliminary
injunction, administrative stay, or other relief
requested by the party.
(B) Exclusion.--The term ``ultimately prevail''
does not include circumstances in which the final
agency action is modified or amended by the issuing
agency unless the modification or amendment is required
pursuant to a final enforceable judgment of the court
or a court-ordered consent decree.
(b) Time for Filing Complaint.--
(1) In general.--Any energy related action shall be filed
not later than the end of the 60-day period beginning on the
date of the action or decision by a Federal official that
constitutes the covered energy project concerned.
(2) Prohibition.--Any energy related action that is not
filed within the time period described in paragraph (1) shall
be barred.
(c) District Court Venue and Deadline.--An energy related action--
(1) may only be brought in the United States District Court
for the District of Columbia; and
(2) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after the energy related
action is filed.
(d) Appellate Review.--An interlocutory order or final judgment,
decree or order of the district court in an energy related action--
(1) may be appealed to the United States Court of Appeals
for the District of Columbia Circuit; and
(2) if the court described in paragraph (1) undertakes the
review, the court shall resolve the review as expeditiously as
possible, and in any event by not later than 180 days after the
interlocutory order or final judgment, decree or order of the
district court was issued.
(e) Limitation on Certain Payments.--Notwithstanding section 1304
of title 31, United States Code, no award may be made under section 504
of title 5, United States Code, or under section 2412 of title 28,
United States Code, and no amounts may be obligated or expended from
the Claims and Judgment Fund of the United States Treasury to pay any
fees or other expenses under such sections, to any person or party in
an energy related action.
(f) Limitation on Attorneys' Fees and Court Costs.--
(1) In general.--Sections 504 of title 5 and 2412 of title
28, United States Code (commonly known as the ``Equal Access to
Justice Act''), shall not apply to an energy related action.
(2) Court costs.--A party to a covered civil action shall
not receive payment from the Federal Government for the
attorneys' fees, expenses, or other court costs incurred by the
party.
SEC. 5026. TRIBAL RESOURCE MANAGEMENT PLANS.
Unless otherwise explicitly exempted by Federal law enacted after
the date of enactment of this Act, any activity conducted or resources
harvested or produced pursuant to a tribal resource management plan or
an integrated resource management plan approved by the Secretary of the
Interior under the National Indian Forest Resources Management Act (25
U.S.C. 3101 et seq.) or the American Indian Agricultural Resource
Management Act (25 U.S.C. 3701 et seq.), shall be considered a
sustainable management practice for purposes of any Federal standard,
benefit, or requirement that requires a demonstration of such
sustainability.
SEC. 5027. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.
Subsection (e)(1) of the first section of the Act of August 9, 1955
(25 U.S.C. 415) (commonly known as the ``Long-Term Leasing Act''), is
amended--
(1) by striking ``, except a lease for'' and inserting ``,
including leases for'';
(2) in subparagraph (A), by striking ``25 years, except''
and all that follows through ``; and'' and inserting ``99
years;'';
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of mineral resources, including
geothermal resources, 25 years, except that the lease may
include an option to renew for 1 additional term not to exceed
25 years.''.
SEC. 5028. NONAPPLICABILITY OF CERTAIN RULES.
No rule promulgated by the Secretary of the Interior regarding
hydraulic fracturing used in the development or production of oil or
gas resources shall affect any land held in trust or restricted status
for the benefit of Indians except with the express consent of the
beneficiary on behalf of which the land is held in trust or restricted
status.
Subtitle C--Additional Regulatory Provisions
PART I--STATE AUTHORITY OVER HYDRAULIC FRACTURING
SEC. 5031. FINDING.
Congress finds that given variations in geology, land use, and
population, the States are best placed to regulate the process of
hydraulic fracturing occurring on any land within the boundaries of the
individual State.
SEC. 5032. STATE AUTHORITY.
(a) Definition of Federal Land.--In this section, the term
``Federal land'' means--
(1) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(2) National Forest System land;
(3) land under the jurisdiction of the Bureau of
Reclamation; and
(4) land under the jurisdiction of the Corps of Engineers.
(b) State Authority.--
(1) In general.--Notwithstanding any other provision of
law, a State shall have the sole authority to promulgate or
enforce any regulation, guidance, or permit requirement
regarding the treatment of a well by the application of fluids
under pressure to which propping agents may be added for the
expressly designed purpose of initiating or propagating
fractures in a target geologic formation in order to enhance
production of oil, natural gas, or geothermal production
activities on or under any land within the boundaries of the
State.
(2) Federal land.--Notwithstanding any other provision of
law, the treatment of a well by the application of fluids under
pressure to which propping agents may be added for the
expressly designed purpose of initiating or propagating
fractures in a target geologic formation in order to enhance
production of oil, natural gas, or geothermal production
activities on Federal land shall be subject to the law of the
State in which the land is located.
PART II--MISCELLANEOUS PROVISIONS
SEC. 5041. ENVIRONMENTAL LEGAL FEES.
Section 504 of title 5, United States Code, is amended by adding at
the end the following:
``(g) Environmental Legal Fees.--Notwithstanding section 1304 of
title 31, no award may be made under this section and no amounts may be
obligated or expended from the Claims and Judgment Fund of the Treasury
to pay any legal fees of a nongovernmental organization related to an
action that (with respect to the United States)--
``(1) prevents, terminates, or reduces access to or the
production of--
``(A) energy;
``(B) a mineral resource;
``(C) water by agricultural producers;
``(D) a resource by commercial or recreational
fishermen; or
``(E) grazing or timber production on Federal land;
``(2) diminishes the private property value of a property
owner; or
``(3) eliminates or prevents 1 or more jobs.''.
SEC. 5042. MASTER LEASING PLANS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Interior, acting through the Bureau of Land
Management, shall not establish a master leasing plan as part of any
guidance issued by the Secretary.
(b) Existing Master Leasing Plans.--Instruction Memorandum No.
2010-117 and any other master leasing plan described in subsection (a)
issued on or before the date of enactment of this Act shall have no
force or effect.
TITLE VI--IMPROVING AMERICA'S DOMESTIC REFINING CAPACITY
Subtitle A--Refinery Permitting Reform
SEC. 6001. FINDING.
Congress finds that the domestic refining industry is an important
source of jobs and economic growth and whose growth should not be
limited by an excessively drawn out permitting and approval process.
SEC. 6002. DEFINITIONS.
In this subtitle:
(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 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) Inclusion.--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
(c).
(8) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
SEC. 6003. STREAMLINING OF REFINERY PERMITTING PROCESS.
(a) 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.
(b) Authority of Administrator.--Under a refinery permitting
agreement, the Administrator shall have the authority, as applicable
and necessary--
(1) to accept from a refiner a consolidated application for
all permits that the refiner is required to obtain to construct
and operate a refinery;
(2) in consultation and cooperation with each Federal,
State, or tribal government agency that is required to make any
determination to authorize the issuance of a permit, to
establish a schedule under which each agency shall--
(A) concurrently consider, to the maximum extent
practicable, each determination to be made; and
(B) complete each step in the permitting process;
and
(3) to issue a consolidated permit that combines all
permits issued under the schedule established under paragraph
(2).
(c) Refinery Permitting Agreements.--Under a refinery permitting
agreement, a State or governing body of an Indian tribe shall agree
that--
(1) the Administrator shall have each of the authorities
described in subsection (b); and
(2) the State or tribal government agency shall--
(A) 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
(B) comply, to the maximum extent practicable, with
the applicable schedule established under subsection
(b)(2).
(d) Deadlines.--
(1) 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--
(A) 365 days after the date of receipt of an
administratively complete application for the
consolidated permit; or
(B) 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 described in subparagraph (A).
(2) 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--
(A) 120 days after the date of receipt of an
administratively complete application for the
consolidated permit; or
(B) 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 described in subparagraph (A).
(e) 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 subsection (b)(2).
(f) Judicial Review.--Any civil action for review of a 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.
(g) 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 subtitle.
(h) Severability.--If 1 or more permits that are required for the
construction or operation of a refinery are not approved on or before
an applicable deadline under subsection (d), 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.
(i) Consultation With Local Governments.--The Administrator,
States, and tribal governments shall consult, to the maximum extent
practicable, with local governments in carrying out this section.
(j) Effect of Section.--Nothing in this section affects--
(1) the operation or implementation of any otherwise
applicable law regarding permits necessary for the construction
and operation of a refinery;
(2) the authority of any unit of local government with
respect to the issuance of permits; or
(3) any requirement or ordinance of a local government
(such as a zoning regulation).
Subtitle B--Repeal of Renewable Fuel Standard
SEC. 6011. FINDINGS.
Congress finds that the mandates under the renewable fuel standard
contained in section 211(o) of the Clean Air Act (42 U.S.C. 7545(o))--
(1) impose significant costs on American citizens and the
American economy, without offering any benefit; and
(2) should be repealed.
SEC. 6012. PHASE OUT OF RENEWABLE FUEL STANDARD.
(a) In General.--Section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking clause (ii); and
(ii) by redesignating clauses (iii) and
(iv) as clauses (ii) and (iii), respectively;
and
(B) in subparagraph (B), by striking clauses (ii)
through (v) and inserting the following:
``(ii) Calendar years 2014 through 2018.--
Notwithstanding clause (i), for purposes of
subparagraph (A), the applicable volumes of
renewable fuel for each of calendar years 2014
through 2018 shall be determined as follows:
``(I) For calendar year 2014, in
accordance with the table entitled `I-
2--Proposed 2014 Volume Requirements'
of the proposed rule published at pages
71732 through 71784 of volume 78 of the
Federal Register (November 29, 2013).
``(II) For calendar year 2015, the
applicable volumes established under
subclause (I), reduced by 20 percent.
``(III) For calendar year 2016, the
applicable volumes established under
subclause (I), reduced by 40 percent.
``(IV) For calendar year 2017, the
applicable volumes established under
subclause (I), reduced by 60 percent.
``(V) For calendar year 2018, the
applicable volumes established under
subclause (I), reduced by 80
percent.'';
(2) in paragraph (3)--
(A) by striking ``2021'' and inserting ``2017''
each place it appears; and
(B) in subparagraph (B)(i), by inserting ``,
subject to the condition that the renewable fuel
obligation determined for a calendar year is not more
than the applicable volumes established under paragraph
(2)(B)(ii)'' before the period; and
(3) by adding at the end the following:
``(13) Sunset.--The program established under this
subsection shall terminate on December 31, 2018.''.
(b) Regulations.--Effective beginning on January 1, 2019, the
regulations contained in subparts K and M of part 80 of title 40, Code
of Federal Regulations (as in effect on that date of enactment), shall
have no force or effect.
TITLE VII--STOPPING EPA OVERREACH
SEC. 7001. FINDINGS.
Congress finds that--
(1) the Environmental Protection Agency has exceeded its
statutory authority by promulgating regulations that were not
contemplated by Congress in the authorizing language of the
statutes enacted by Congress;
(2) no Federal agency has the authority to regulate
greenhouse gases under current law; and
(3) no attempt to regulate greenhouse gases should be
undertaken without further Congressional action.
SEC. 7002. CLARIFICATION OF FEDERAL REGULATORY AUTHORITY TO EXCLUDE
GREENHOUSE GASES FROM REGULATION UNDER THE CLEAN AIR ACT.
(a) Repeal of Federal Climate Change Regulation.--
(1) Greenhouse gas regulation under clean air act.--Section
302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is amended--
(A) by striking ``(g) The term'' and inserting the
following:
``(g) Air Pollutant.--
``(1) In general.--The term''; and
(B) by adding at the end the following:
``(2) Exclusion.--The term `air pollutant' does not include
carbon dioxide, water vapor, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, or sulfur
hexafluoride.''.
(2) No regulation of climate change.--Notwithstanding any
other provision of law, nothing in any of the following Acts or
any other law authorizes or requires the regulation of climate
change or global warming:
(A) The Clean Air Act (42 U.S.C. 7401 et seq.).
(B) The Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
(C) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(D) The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(E) The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(b) Effect on Proposed Rules of the EPA.--In accordance with this
section, the following proposed or contemplated rules (or any similar
or successor rules) of the Environmental Protection Agency shall be
void and have no force or effect:
(1) The proposed rule entitled ``Standards of Performance
for Greenhouse Gas Emissions From New Stationary Sources:
Electric Utility Generating Units'' (published at 79 Fed. Reg.
1430 (January 8, 2014)).
(2) The contemplated rules on carbon pollution for existing
power plants.
(3) Any other contemplated or proposed rules proposed to be
issued pursuant to the purported authority described in
subsection (a)(2).
SEC. 7003. JOBS ANALYSIS FOR ALL EPA REGULATIONS.
(a) In General.--Before proposing or finalizing any regulation,
rule, or policy, the Administrator of the Environmental Protection
Agency shall provide an analysis of the regulation, rule, or policy and
describe the direct and indirect net and gross impact of the
regulation, rule, or policy on employment in the United States.
(b) Limitation.--No regulation, rule, or policy described in
subsection (a) shall take effect if the regulation, rule, or policy has
a negative impact on employment in the United States unless the
regulation, rule, or policy is approved by Congress and signed by the
President.
TITLE VIII--DEBT FREEDOM FUND
SEC. 8001. FINDINGS.
Congress finds that--
(1) the national debt being over $17,000,000,000,000 in
2014--
(A) threatens the current and future prosperity of
the United States;
(B) undermines the national security interests of
the United States; and
(C) imposes a burden on future generations of
United States citizens; and
(2) revenue generated from the development of the natural
resources in the United States should be used to reduce the
national debt.
SEC. 8002. DEBT FREEDOM FUND.
Notwithstanding any other provision of law, in accordance with all
revenue sharing arrangement with States in effect on the date of
enactment of this Act, an amount equal to the additional amount of
Federal funds generated by the programs and activities under this Act
(and the amendments made by this Act)--
(1) shall be deposited in a special trust fund account in
the Treasury, to be known as the ``Debt Freedom Fund''; and
(2) shall not be withdrawn for any purpose other than to
pay down the national debt of the United States, for which
purpose payments shall be made expeditiously.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Energy and Commerce, Agriculture, the Judiciary, and Foreign Affairs, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Energy and Commerce, Agriculture, the Judiciary, and Foreign Affairs, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Energy and Commerce, Agriculture, the Judiciary, and Foreign Affairs, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Energy and Commerce, Agriculture, the Judiciary, and Foreign Affairs, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Energy and Commerce, Agriculture, the Judiciary, and Foreign Affairs, 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.
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Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Energy and Commerce, Agriculture, the Judiciary, and Foreign Affairs, 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.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Energy and Power.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee Indian and Alaska Native Affairs.
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Referred to the Subcommittee on the Constitution and Civil Justice.