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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1965 Reported in House (RH)]

                                                 Union Calendar No. 188
113th CONGRESS
  1st Session
                                H. R. 1965

                      [Report No. 113-262, Part I]

To streamline and ensure onshore energy permitting, provide for onshore 
  leasing certainty, and give certainty to oil shale development for 
 American energy security, economic development, and job creation, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2013

 Mr. Lamborn introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

                           November 12, 2013

    Additional sponsors: Mr. Cramer and Mr. Duncan of South Carolina

                           November 12, 2013

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           November 12, 2013

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 14, 
                                 2013]

_______________________________________________________________________

                                 A BILL

 
To streamline and ensure onshore energy permitting, provide for onshore 
  leasing certainty, and give certainty to oil shale development for 
 American energy security, economic development, and job creation, and 
                          for other purposes.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Lands Jobs and Energy 
Security Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Policies regarding buying, building, and working for America.

            TITLE I--ONSHORE OIL AND GAS PERMIT STREAMLINING

Sec. 101. Short title.

      Subtitle A--Application for Permits to Drill Process Reform

Sec. 111. Permit to drill application timeline.
Sec. 112. Solar and wind right-of-way rental reform.

        Subtitle B--Administrative Protest Documentation Reform

Sec. 121. Administrative protest documentation reform.

                    Subtitle C--Permit Streamlining

Sec. 131. Improve Federal energy permit coordination.
Sec. 132. Administration of current law.

                      Subtitle D--Judicial Review

Sec. 141. Definitions.
Sec. 142. Exclusive venue for certain civil actions relating to covered 
                            energy projects.
Sec. 143. Timely filing.
Sec. 144. Expedition in hearing and determining the action.
Sec. 145. Standard of review.
Sec. 146. Limitation on injunction and prospective relief.
Sec. 147. Limitation on attorneys' fees.
Sec. 148. Legal standing.

          Subtitle E--Knowing America's Oil and Gas Resources

Sec. 151. Funding oil and gas resource assessments.

                TITLE II--OIL AND GAS LEASING CERTAINTY

Sec. 201. Short title.
Sec. 202. Minimum acreage requirement for onshore lease sales.
Sec. 203. Leasing certainty.
Sec. 204. Leasing consistency.
Sec. 205. Reduce redundant policies.
Sec. 206. Streamlined congressional notification.

                          TITLE III--OIL SHALE

Sec. 301. Short title.
Sec. 302. Effectiveness of oil shale regulations, amendments to 
                            resource management plans, and record of 
                            decision.
Sec. 303. Oil shale leasing.

                  TITLE IV--MISCELLANEOUIS PROVISIONS

Sec. 401. Rule of construction.

SEC. 3. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.

    (a) Congressional Intent.--It is the intent of the Congress that--
            (1) this Act will support a healthy and growing United 
        States domestic energy sector that, in turn, helps to 
        reinvigorate American manufacturing, transportation, and 
        service sectors by employing the vast talents of United States 
        workers to assist in the development of energy from domestic 
        sources;
            (2) to ensure a robust onshore energy production industry 
        and ensure that the benefits of development support local 
        communities, under this Act, the Secretary shall make every 
        effort to promote the development of onshore American energy, 
        and shall take into consideration the socioeconomic impacts, 
        infrastructure requirements, and fiscal stability for local 
        communities located within areas containing onshore energy 
        resources; and
            (3) the Congress will monitor the deployment of personnel 
        and material onshore to encourage the development of American 
        manufacturing to enable United States workers to benefit from 
        this Act through good jobs and careers, as well as the 
        establishment of important industrial facilities to support 
        expanded access to American resources.
    (b) Requirement.--The Secretary of the Interior shall when 
possible, and practicable, encourage the use of United States workers 
and equipment manufactured in the United States in all construction 
related to mineral resource development under this Act.

            TITLE I--ONSHORE OIL AND GAS PERMIT STREAMLINING

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Streamlining Permitting of 
American Energy Act of 2013''.

      Subtitle A--Application for Permits to Drill Process Reform

SEC. 111. PERMIT TO DRILL APPLICATION TIMELINE.

    Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)) 
is amended to read as follows:
            ``(2) Applications for permits to drill reform and 
        process.--
                    ``(A) Timeline.--The Secretary shall decide whether 
                to issue a permit to drill within 30 days after 
                receiving an application for the permit. The Secretary 
                may extend such period for up to 2 periods of 15 days 
                each, if the Secretary has given written notice of the 
                delay to the applicant. The notice shall be in the form 
                of a letter from the Secretary or a designee of the 
                Secretary, and shall include the names and titles of 
                the persons processing the application, the specific 
                reasons for the delay, and a specific date a final 
                decision on the application is expected.
                    ``(B) Notice of reasons for denial.--If the 
                application is denied, the Secretary shall provide the 
                applicant--
                            ``(i) in writing, clear and comprehensive 
                        reasons why the application was not accepted 
                        and detailed information concerning any 
                        deficiencies; and
                            ``(ii) an opportunity to remedy any 
                        deficiencies.
                    ``(C) Application deemed approved.--If the 
                Secretary has not made a decision on the application by 
                the end of the 60-day period beginning on the date the 
                application is received by the Secretary, the 
                application is deemed approved, except in cases in 
                which existing reviews under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                are incomplete.
                    ``(D) Denial of permit.--If the Secretary decides 
                not to issue a permit to drill in accordance with 
                subparagraph (A), the Secretary shall--
                            ``(i) provide to the applicant a 
                        description of the reasons for the denial of 
                        the permit;
                            ``(ii) allow the applicant to resubmit an 
                        application for a permit to drill during the 
                        10-day period beginning on the date the 
                        applicant receives the description of the 
                        denial from the Secretary; and
                            ``(iii) issue or deny any resubmitted 
                        application not later than 10 days after the 
                        date the application is submitted to the 
                        Secretary.
                    ``(E) Fee.--
                            ``(i) In general.--Notwithstanding any 
                        other law, the Secretary shall collect a single 
                        $6,500 permit processing fee per application 
                        from each applicant at the time the final 
                        decision is made whether to issue a permit 
                        under subparagraph (A). This fee shall not 
                        apply to any resubmitted application.
                            ``(ii) Treatment of permit processing 
                        fee.--Of all fees collected under this 
                        paragraph, 50 percent shall be transferred to 
                        the field office where they are collected and 
                        used to process protests, leases, and permits 
                        under this Act subject to appropriation.''.

SEC. 112. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.

    (a) In General.--Subject to subsection (b), and notwithstanding any 
other provision of law, of fees collected each fiscal year as annual 
wind energy and solar energy right-of-way authorization fees required 
under section 504(g) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1764(g))--
            (1) no less than 25 percent shall be available, subject to 
        appropriation, for use for solar and wind permitting and 
        management activities by Department of the Interior field 
        offices responsible for the land where the fees were collected;
            (2) no less than 25 percent shall be available, subject to 
        appropriation, for Bureau of Land Management solar and wind 
        permit approval activities; and
            (3) no less than 25 percent shall be available, subject to 
        appropriation, to the Secretary of the Interior for department-
        wide solar and wind permitting activities.
    (b) Limitation.--The amount used under subsection (a) each fiscal 
year shall not exceed $10,000,000.

        Subtitle B--Administrative Protest Documentation Reform

SEC. 121. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.

    Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 
further amended by adding at the end the following:
            ``(4) Protest fee.--
                    ``(A) In general.--The Secretary shall collect a 
                $5,000 documentation fee to accompany each protest for 
                a lease, right of way, or application for permit to 
                drill.
                    ``(B) Treatment of fees.--Of all fees collected 
                under this paragraph, 50 percent shall remain in the 
                field office where they are collected and used to 
                process protests subject to appropriation.''.

                    Subtitle C--Permit Streamlining

SEC. 131. IMPROVE FEDERAL ENERGY PERMIT COORDINATION.

    (a) Establishment.--The Secretary of the Interior (referred to in 
this section as the ``Secretary'') shall establish a Federal Permit 
Streamlining Project (referred to in this section as the ``Project'') 
in every Bureau of Land Management field office with responsibility for 
permitting energy projects on Federal land.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        memorandum of understanding for purposes of this section with--
                    (A) the Secretary of Agriculture;
                    (B) the Administrator of the Environmental 
                Protection Agency; and
                    (C) the Chief of the Army Corps of Engineers.
            (2) State participation.--The Secretary may request that 
        the Governor of any State with energy projects on Federal lands 
        to be a signatory to the memorandum of understanding.
    (c) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date of 
        the signing of the memorandum of understanding under subsection 
        (b), all Federal signatory parties shall, if appropriate, 
        assign to each of the Bureau of Land Management field offices 
        an employee who has expertise in the regulatory issues relating 
        to the office in which the employee is employed, including, as 
        applicable, particular expertise in--
                    (A) the consultations and the preparation of 
                biological opinions under section 7 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1536);
                    (B) permits under section 404 of Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (C) regulatory matters under the Clean Air Act (42 
                U.S.C. 7401 et seq.);
                    (D) planning under the National Forest Management 
                Act of 1976 (16 U.S.C. 472a et seq.); and
                    (E) the preparation of analyses under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
            (2) Duties.--Each employee assigned under paragraph (1) 
        shall--
                    (A) not later than 90 days after the date of 
                assignment, report to the Bureau of Land Management 
                Field Managers in the office to which the employee is 
                assigned;
                    (B) be responsible for all issues relating to the 
                energy projects that arise under the authorities of the 
                employee's home agency; and
                    (C) participate as part of the team of personnel 
                working on proposed energy projects, planning, and 
                environmental analyses on Federal lands.
    (d) Additional Personnel.--The Secretary shall assign to each 
Bureau of Land Management field office identified in subsection (a) any 
additional personnel that are necessary to ensure the effective 
approval and implementation of energy projects administered by the 
Bureau of Land Management field offices, including inspection and 
enforcement relating to energy development on Federal land, in 
accordance with the multiple use mandate of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (e) Funding.--Funding for the additional personnel shall come from 
the Department of the Interior reforms identified in sections 101, 102, 
and 201.
    (f) Savings Provision.--Nothing in this section affects--
            (1) the operation of any Federal or State law; or
            (2) any delegation of authority made by the head of a 
        Federal agency whose employees are participating in the 
        Project.
    (g) Definition.--For purposes of this section the term ``energy 
projects'' includes oil, natural gas, coal, and other energy projects 
as defined by the Secretary.

SEC. 132. ADMINISTRATION OF CURRENT LAW.

    Notwithstanding any other law, the Secretary of the Interior shall 
not require a finding of extraordinary circumstances in administering 
section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942).

                      Subtitle D--Judicial Review

SEC. 141. DEFINITIONS.

    In this subtitle--
            (1) the term ``covered civil action'' means a civil action 
        containing a claim under section 702 of title 5, United States 
        Code, regarding agency action (as defined for the purposes of 
        that section) affecting a covered energy project on Federal 
        lands of the United States; and
            (2) the term ``covered energy project'' means the leasing 
        of Federal lands of the United States for the exploration, 
        development, production, processing, or transmission of oil, 
        natural gas, wind, or any other source of energy, and any 
        action under such a lease, except that the term does not 
        include any disputes between the parties to a lease regarding 
        the obligations under such lease, including regarding any 
        alleged breach of the lease.

SEC. 142. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED 
              ENERGY PROJECTS.

    Venue for any covered civil action shall lie in the district court 
where the project or leases exist or are proposed.

SEC. 143. TIMELY FILING.

    To ensure timely redress by the courts, a covered civil action must 
be filed no later than the end of the 90-day period beginning on the 
date of the final Federal agency action to which it relates.

SEC. 144. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

    The court shall endeavor to hear and determine any covered civil 
action as expeditiously as possible.

SEC. 145. STANDARD OF REVIEW.

    In any judicial review of a covered civil action, administrative 
findings and conclusions relating to the challenged Federal action or 
decision shall be presumed to be correct, and the presumption may be 
rebutted only by the preponderance of the evidence contained in the 
administrative record.

SEC. 146. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

    In a covered civil action, the court shall not grant or approve any 
prospective relief unless the court finds that such relief is narrowly 
drawn, extends no further than necessary to correct the violation of a 
legal requirement, and is the least intrusive means necessary to 
correct that violation. In addition, courts shall limit the duration of 
preliminary injunctions to halt covered energy projects to no more than 
60 days, unless the court finds clear reasons to extend the injunction. 
In such cases of extensions, such extensions shall only be in 30-day 
increments and shall require action by the court to renew the 
injunction.

SEC. 147. LIMITATION ON ATTORNEYS' FEES.

    Sections 504 of title 5, United States Code, and 2412 of title 28, 
United States Code, (together commonly called the Equal Access to 
Justice Act) do not apply to a covered civil action, nor shall any 
party in such a covered civil action receive payment from the Federal 
Government for their attorneys' fees, expenses, and other court costs.

SEC. 148. LEGAL STANDING.

    Challengers filing appeals with the Department of the Interior 
Board of Land Appeals shall meet the same standing requirements as 
challengers before a United States district court.

          Subtitle E--Knowing America's Oil and Gas Resources

SEC. 151. FUNDING OIL AND GAS RESOURCE ASSESSMENTS.

    (a) In General.--The Secretary of the Interior shall provide 
matching funding for joint projects with States to conduct oil and gas 
resource assessments on Federal lands with significant oil and gas 
potential.
    (b) Cost Sharing.--The Federal share of the cost of activities 
under this section shall not exceed 50 percent.
    (c) Resource Assessment.--Any resource assessment under this 
section shall be conducted by a State, in consultation with the United 
States Geological Survey.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section a total of 
$50,000,000 for fiscal years 2014 through 2017.

                TITLE II--OIL AND GAS LEASING CERTAINTY

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Providing Leasing Certainty for 
American Energy Act of 2013''.

SEC. 202. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES.

    In conducting lease sales as required by section 17(a) of the 
Mineral Leasing Act (30 U.S.C. 226(a)), each year the Secretary of the 
Interior shall perform the following:
            (1) The Secretary shall offer for sale no less than 25 
        percent of the annual nominated acreage not previously made 
        available for lease. Acreage offered for lease pursuant to this 
        paragraph shall not be subject to protest and shall be eligible 
        for categorical exclusions under section 390 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15942), except that it shall not 
        be subject to the test of extraordinary circumstances.
            (2) In administering this section, the Secretary shall only 
        consider leasing of Federal lands that are available for 
        leasing at the time the lease sale occurs.

SEC. 203. LEASING CERTAINTY.

    Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) is 
amended by inserting ``(1)'' before ``All lands'', and by adding at the 
end the following:
    ``(2)(A) The Secretary shall not withdraw any covered energy 
project issued under this Act without finding a violation of the terms 
of the lease by the lessee.
    ``(B) The Secretary shall not infringe upon lease rights under 
leases issued under this Act by indefinitely delaying issuance of 
project approvals, drilling and seismic permits, and rights of way for 
activities under such a lease.
    ``(C) No later than 18 months after an area is designated as open 
under the current land use plan the Secretary shall make available 
nominated areas for lease under the criteria in section 2.
    ``(D) Notwithstanding any other law, the Secretary shall issue all 
leases sold no later than 60 days after the last payment is made.
    ``(E) The Secretary shall not cancel or withdraw any lease parcel 
after a competitive lease sale has occurred and a winning bidder has 
submitted the last payment for the parcel.
    ``(F) Not later than 60 days after a lease sale held under this 
Act, the Secretary shall adjudicate any lease protests filed following 
a lease sale. If after 60 days any protest is left unsettled, said 
protest is automatically denied and appeal rights of the protestor 
begin.
    ``(G) No additional lease stipulations may be added after the 
parcel is sold without consultation and agreement of the lessee, unless 
the Secretary deems such stipulations as emergency actions to conserve 
the resources of the United States.''.

SEC. 204. LEASING CONSISTENCY.

    Federal land managers must follow existing resource management 
plans and continue to actively lease in areas designated as open when 
resource management plans are being amended or revised, until such time 
as a new record of decision is signed.

SEC. 205. REDUCE REDUNDANT POLICIES.

    Bureau of Land Management Instruction Memorandum 2010-117 shall 
have no force or effect.

SEC. 206. STREAMLINED CONGRESSIONAL NOTIFICATION.

    Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) is 
amended in the matter following paragraph (4) by striking ``at least 
thirty days in advance of the reinstatement'' and inserting ``in an 
annual report''.

                          TITLE III--OIL SHALE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Protecting Investment in Oil Shale 
the Next Generation of Environmental, Energy, and Resource Security 
Act'' or the ``PIONEERS Act''.

SEC. 302. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO 
              RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION.

    (a) Regulations.--Notwithstanding any other law or regulation to 
the contrary, the final regulations regarding oil shale management 
published by the Bureau of Land Management on November 18, 2008 (73 
Fed. Reg. 69,414) are deemed to satisfy all legal and procedural 
requirements under any law, including the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of the 
Interior shall implement those regulations, including the oil shale 
leasing program authorized by the regulations, without any other 
administrative action necessary.
    (b) Amendments to Resource Management Plans and Record of 
Decision.--Notwithstanding any other law or regulation to the contrary, 
the November 17, 2008 U.S. Bureau of Land Management Approved Resource 
Management Plan Amendments/Record of Decision for Oil Shale and Tar 
Sands Resources to Address Land Use Allocations in Colorado, Utah, and 
Wyoming and Final Programmatic Environmental Impact Statement are 
deemed to satisfy all legal and procedural requirements under any law, 
including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), and the Secretary of the Interior shall implement the 
oil shale leasing program authorized by the regulations referred to in 
subsection (a) in those areas covered by the resource management plans 
amended by such amendments, and covered by such record of decision, 
without any other administrative action necessary.

SEC. 303. OIL SHALE LEASING.

    (a) Additional Research and Development Lease Sales.--The Secretary 
of the Interior shall hold a lease sale within 180 days after the date 
of enactment of this Act offering an additional 10 parcels for lease 
for research, development, and demonstration of oil shale resources, 
under the terms offered in the solicitation of bids for such leases 
published on January 15, 2009 (74 Fed. Reg. 10).
    (b) Commercial Lease Sales.--No later than January 1, 2016, the 
Secretary of the Interior shall hold no less than 5 separate commercial 
lease sales in areas considered to have the most potential for oil 
shale development, as determined by the Secretary, in areas nominated 
through public comment. Each lease sale shall be for an area of not 
less than 25,000 acres, and in multiple lease blocs.

                  TITLE IV--MISCELLANEOUIS PROVISIONS

SEC. 401. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to authorize the issuance of 
a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) to any 
person designated for the imposition of sanctions pursuant to--
            (1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), 
        the Comprehensive Iran Sanctions, Accountability and 
        Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran 
        Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 
        8701 et seq.), section 1245 of the National Defense 
        Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or 
        the Iran Freedom and Counter-Proliferation Act of 2012 (22 
        U.S.C. 8801 et seq.);
            (2) Executive Order 13622 (July 30, 2012), Executive Order 
        13628 (October 9, 2012), or Executive Order 13645 (June 3, 
        2013);
            (3) Executive Order 13224 (September 23, 2001) or Executive 
        Order 13338 (May 11, 2004); or
            (4) the Syria Accountability and Lebanese Sovereignty 
        Restoration Act of 2003 (22 U.S.C. 2151 note).
                                                 Union Calendar No. 188

113th CONGRESS

  1st Session

                               H. R. 1965

                      [Report No. 113-262, Part I]

_______________________________________________________________________

                                 A BILL

To streamline and ensure onshore energy permitting, provide for onshore 
  leasing certainty, and give certainty to oil shale development for 
 American energy security, economic development, and job creation, and 
                          for other purposes.

_______________________________________________________________________

                           November 12, 2013

   Reported from the Committee on Natural Resources with an amendment

                           November 12, 2013

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
```