113TH CONGRESS 

1ST SESSION H. R. 1965 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Lands Jobs 

3 and Energy Security Act of 2013’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—FEDERAL LANDS JOBS AND ENERGY SECURITY 

Sec. 1001. Short title. 

Sec. 1002. Policies regarding buying, building, and working for America. 

Subtitle A—Onshore Oil and Gas Permit Streamlining 

Sec. 1101. Short title. 

CHAPTER 1—APPLICATION FOR PERMITS TO DRILL PROCESS REFORM

Sec. 1111. Permit to drill application timeline. 

Sec. 1112. Solar and wind right-of-way rental reform. 

CHAPTER 2—ADMINISTRATIVE PROTEST DOCUMENTATION REFORM

Sec. 1121. Administrative protest documentation reform. 

CHAPTER 3—PERMIT STREAMLINING

Sec. 1131. Improve Federal energy permit coordination. 

Sec. 1132. Administration of current law. 

CHAPTER 4—JUDICIAL REVIEW

Sec. 1141. Definitions. 

Sec. 1142. Exclusive venue for certain civil actions relating to covered energy 

projects. 

Sec. 1143. Timely filing. 

Sec. 1144. Expedition in hearing and determining the action. 

Sec. 1145. Standard of review. 

Sec. 1146. Limitation on injunction and prospective relief. 

Sec. 1147. Limitation on attorneys’ fees. 

Sec. 1148. Legal standing. 

CHAPTER 5—KNOWING AMERICA’S OIL AND GAS RESOURCES

Sec. 1151. Funding oil and gas resource assessments. 

Subtitle B—Oil and Gas Leasing Certainty 

Sec. 1201. Short title. 

Sec. 1202. Minimum acreage requirement for onshore lease sales. 

Sec. 1203. Leasing certainty. 

Sec. 1204. Leasing consistency. 
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Sec. 1205. Reduce redundant policies. 

Sec. 1206. Streamlined congressional notification. 

Subtitle C—Oil Shale 

Sec. 1301. Short title. 

Sec. 1302. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision. 

Sec. 1303. Oil shale leasing. 

Subtitle D—Miscellaneous Provisions 

Sec. 1401. Rule of construction. 

TITLE II—PLANNING FOR AMERICAN ENERGY 

Sec. 2001. Short title. 

Sec. 2002. Onshore domestic energy production strategic plan. 

TITLE III—NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS 

Sec. 3001. Short title. 

Sec. 3002. Sense of Congress and reaffirming national policy for the National 

Petroleum Reserve in Alaska. 

Sec. 3003. National Petroleum Reserve in Alaska: lease sales. 

Sec. 3004. National Petroleum Reserve in Alaska: planning and permitting 

pipeline and road construction. 

Sec. 3005. Issuance of a new integrated activity plan and environmental impact 

statement. 

Sec. 3006. Departmental accountability for development. 

Sec. 3007. Deadlines under new proposed integrated activity plan. 

Sec. 3008. Updated resource assessment. 

TITLE IV—BLM LIVE INTERNET AUCTIONS 

Sec. 4001. Short title. 

Sec. 4002. Internet-based onshore oil and gas lease sales. 

TITLE V—NATIVE AMERICAN ENERGY 

Sec. 5001. Short title. 

Sec. 5002. Appraisals. 

Sec. 5003. Standardization. 

Sec. 5004. Environmental reviews of major Federal actions on Indian lands. 

Sec. 5005. Judicial review. 

Sec. 5006. Tribal biomass demonstration project. 

Sec. 5007. Tribal resource management plans. 

Sec. 5008. Leases of restricted lands for the Navajo Nation. 

Sec. 5009. Nonapplicability of certain rules. 
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1 TITLE I—FEDERAL LANDS JOBS 

2 AND ENERGY SECURITY 

3 SEC. 1001. SHORT TITLE. 

4 This title may be cited as the ‘‘Federal Lands Jobs 

5 and Energy Security Act’’. 

6 SEC. 1002. POLICIES REGARDING BUYING, BUILDING, AND 

7 WORKING FOR AMERICA. 

8 (a) CONGRESSIONAL INTENT.—It is the intent of the 

9 Congress that— 

10 (1) this title will support a healthy and growing 

11 United States domestic energy sector that, in turn, 

12 helps to reinvigorate American manufacturing, 

13 transportation, and service sectors by employing the 

14 vast talents of United States workers to assist in the 

15 development of energy from domestic sources; 

16 (2) to ensure a robust onshore energy produc17 tion industry and ensure that the benefits of devel18 opment support local communities, under this title, 

19 the Secretary shall make every effort to promote the 

20 development of onshore American energy, and shall 

21 take into consideration the socioeconomic impacts, 

22 infrastructure requirements, and fiscal stability for 

23 local communities located within areas containing 

24 onshore energy resources; and 
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1 (3) the Congress will monitor the deployment of 

2 personnel and material onshore to encourage the de3 velopment of American manufacturing to enable 

4 United States workers to benefit from this title 

5 through good jobs and careers, as well as the estab6 lishment of important industrial facilities to support 

7 expanded access to American resources. 

8 (b) REQUIREMENT.—The Secretary of the Interior 

9 shall when possible, and practicable, encourage the use of 

10 United States workers and equipment manufactured in 

11 the United States in all construction related to mineral 

12 resource development under this title. 

13 Subtitle A—Onshore Oil and Gas 

14 Permit Streamlining 

15 SEC. 1101. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Streamlining Per17 mitting of American Energy Act of 2013’’. 

18 CHAPTER 1—APPLICATION FOR PERMITS 

19 TO DRILL PROCESS REFORM 

20 SEC. 1111. PERMIT TO DRILL APPLICATION TIMELINE. 

21 Section 17(p)(2) of the Mineral Leasing Act (30 

22 U.S.C. 226(p)(2)) is amended to read as follows: 

23 ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL RE24 FORM AND PROCESS.— 
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1 ‘‘(A) TIMELINE.—The Secretary shall de2 cide whether to issue a permit to drill within 30 

3 days after receiving an application for the per4 mit. The Secretary may extend such period for 

5 up to 2 periods of 15 days each, if the Sec6 retary has given written notice of the delay to 

7 the applicant. The notice shall be in the form 

8 of a letter from the Secretary or a designee of 

9 the Secretary, and shall include the names and 

10 titles of the persons processing the application, 

11 the specific reasons for the delay, and a specific 

12 date a final decision on the application is ex13 pected. 

14 ‘‘(B) NOTICE OF REASONS FOR DENIAL.— 

15 If the application is denied, the Secretary shall 

16 provide the applicant— 

17 ‘‘(i) in writing, clear and comprehen18 sive reasons why the application was not 

19 accepted and detailed information con20 cerning any deficiencies; and 

21 ‘‘(ii) an opportunity to remedy any de22 ficiencies. 

23 ‘‘(C) APPLICATION DEEMED APPROVED.— 

24 If the Secretary has not made a decision on the 

25 application by the end of the 60-day period be-
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1 ginning on the date the application is received 

2 by the Secretary, the application is deemed ap3 proved, except in cases in which existing reviews 

4 under the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.) or Endangered 

6 Species Act of 1973 (16 U.S.C. 1531 et seq.) 

7 are incomplete. 

8 ‘‘(D) DENIAL OF PERMIT.—If the Sec9 retary decides not to issue a permit to drill in 

10 accordance with subparagraph (A), the Sec11 retary shall— 

12 ‘‘(i) provide to the applicant a descrip13 tion of the reasons for the denial of the 

14 permit; 

15 ‘‘(ii) allow the applicant to resubmit 

16 an application for a permit to drill during 

17 the 10-day period beginning on the date 

18 the applicant receives the description of 

19 the denial from the Secretary; and 

20 ‘‘(iii) issue or deny any resubmitted 

21 application not later than 10 days after the 

22 date the application is submitted to the 

23 Secretary. 

24 ‘‘(E) FEE.— 
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1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 any other law, the Secretary shall collect a 

3 single $6,500 permit processing fee per ap4 plication from each applicant at the time 

5 the final decision is made whether to issue 

6 a permit under subparagraph (A). This fee 

7 shall not apply to any resubmitted applica8 tion. 

9 ‘‘(ii) TREATMENT OF PERMIT PROC10 ESSING FEE.—Of all fees collected under 

11 this paragraph, 50 percent shall be trans12 ferred to the field office where they are col13 lected and used to process protests, leases, 

14 and permits under this Act subject to ap15 propriation.’’. 

16 SEC. 1112. SOLAR AND WIND RIGHT-OF-WAY RENTAL RE17 FORM. 

18 (a) IN GENERAL.—Subject to subsection (b), and 

19 notwithstanding any other provision of law, of fees col20 lected each fiscal year as annual wind energy and solar 

21 energy right-of-way authorization fees required under sec22 tion 504(g) of the Federal Land Policy and Management 

23 Act of 1976 (43 U.S.C. 1764(g))— 

24 (1) no less than 25 percent shall be available, 

25 subject to appropriation, for use for solar and wind 
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1 permitting and management activities by Depart2 ment of the Interior field offices responsible for the 

3 land where the fees were collected; 

4 (2) no less than 25 percent shall be available, 

5 subject to appropriation, for Bureau of Land Man6 agement solar and wind permit approval activities; 

7 and 

8 (3) no less than 25 percent shall be available, 

9 subject to appropriation, to the Secretary of the In10 terior for department-wide solar and wind permitting 

11 activities. 

12 (b) LIMITATION.—The amount used under subsection 

13 (a) each fiscal year shall not exceed $5,000,000. 

14 CHAPTER 2—ADMINISTRATIVE PROTEST 

15 DOCUMENTATION REFORM 

16 SEC. 1121. ADMINISTRATIVE PROTEST DOCUMENTATION 

17 REFORM. 

18 Section 17(p) of the Mineral Leasing Act (30 U.S.C. 

19 226(p)) is further amended by adding at the end the fol20 lowing: 

21 ‘‘(4) PROTEST FEE.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 collect a $5,000 documentation fee to accom24 pany each protest for a lease, right of way, or 

25 application for permit to drill. 
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1 ‘‘(B) TREATMENT OF FEES.—Of all fees 

2 collected under this paragraph, 50 percent shall 

3 remain in the field office where they are col4 lected and used to process protests subject to 

5 appropriation.’’. 

6 CHAPTER 3—PERMIT STREAMLINING 

7 SEC. 1131. IMPROVE FEDERAL ENERGY PERMIT COORDINA8 TION. 

9 (a) ESTABLISHMENT.—The Secretary of the Interior 

10 (referred to in this section as the ‘‘Secretary’’) shall estab11 lish a Federal Permit Streamlining Project (referred to 

12 in this section as the ‘‘Project’’) in every Bureau of Land 

13 Management field office with responsibility for permitting 

14 energy projects on Federal land. 

15 (b) MEMORANDUM OF UNDERSTANDING.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of enactment of this Act, the Secretary 

18 shall enter into a memorandum of understanding for 

19 purposes of this section with— 

20 (A) the Secretary of Agriculture; 

21 (B) the Administrator of the Environ22 mental Protection Agency; and 

23 (C) the Chief of the Army Corps of Engi24 neers. 
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1 (2) STATE PARTICIPATION.—The Secretary 

2 may request that the Governor of any State with en3 ergy projects on Federal lands to be a signatory to 

4 the memorandum of understanding. 

5 (c) DESIGNATION OF QUALIFIED STAFF.— 

6 (1) IN GENERAL.—Not later than 30 days after 

7 the date of the signing of the memorandum of un8 derstanding under subsection (b), all Federal signa9 tory parties shall, if appropriate, assign to each of 

10 the Bureau of Land Management field offices an 

11 employee who has expertise in the regulatory issues 

12 relating to the office in which the employee is em13 ployed, including, as applicable, particular expertise 

14 in— 

15 (A) the consultations and the preparation 

16 of biological opinions under section 7 of the En17 dangered Species Act of 1973 (16 U.S.C. 

18 1536); 

19 (B) permits under section 404 of Federal 

20 Water Pollution Control Act (33 U.S.C. 1344); 

21 (C) regulatory matters under the Clean Air 

22 Act (42 U.S.C. 7401 et seq.); 

23 (D) planning under the National Forest 

24 Management Act of 1976 (16 U.S.C. 472a et 

25 seq.); and 
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1 (E) the preparation of analyses under the 

2 National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.). 

4 (2) DUTIES.—Each employee assigned under 

5 paragraph (1) shall— 

6 (A) not later than 90 days after the date 

7 of assignment, report to the Bureau of Land 

8 Management Field Managers in the office to 

9 which the employee is assigned; 

10 (B) be responsible for all issues relating to 

11 the energy projects that arise under the au12 thorities of the employee’s home agency; and 

13 (C) participate as part of the team of per14 sonnel working on proposed energy projects, 

15 planning, and environmental analyses on Fed16 eral lands. 

17 (d) ADDITIONAL PERSONNEL.—The Secretary shall 

18 assign to each Bureau of Land Management field office 

19 identified in subsection (a) any additional personnel that 

20 are necessary to ensure the effective approval and imple21 mentation of energy projects administered by the Bureau 

22 of Land Management field offices, including inspection 

23 and enforcement relating to energy development on Fed24 eral land, in accordance with the multiple use mandate 
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1 of the Federal Land Policy and Management Act of 1976 

2 (43 U.S.C. 1701 et seq.). 

3 (e) FUNDING.—Funding for the additional personnel 

4 shall come from the Department of the Interior reforms 

5 identified in sections 1111, 1112, and 1121. 

6 (f) SAVINGS PROVISION.—Nothing in this section af7 fects— 

8 (1) the operation of any Federal or State law; 

9 or 

10 (2) any delegation of authority made by the 

11 head of a Federal agency whose employees are par12 ticipating in the Project. 

13 (g) DEFINITION.—For purposes of this section the 

14 term ‘‘energy projects’’ includes oil, natural gas, coal, and 

15 other energy projects as defined by the Secretary. 

16 SEC. 1132. ADMINISTRATION OF CURRENT LAW. 

17 Notwithstanding any other law, the Secretary of the 

18 Interior shall not require a finding of extraordinary cir19 cumstances in administering section 390 of the Energy 

20 Policy Act of 2005 (42 U.S.C. 15942). 

21 CHAPTER 4—JUDICIAL REVIEW 

22 SEC. 1141. DEFINITIONS. 

23 In this chapter— 

24 (1) the term ‘‘covered civil action’’ means a civil 

25 action containing a claim under section 702 of title 
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1 5, United States Code, regarding agency action (as 

2 defined for the purposes of that section) affecting a 

3 covered energy project on Federal lands of the 

4 United States; and 

5 (2) the term ‘‘covered energy project’’ means 

6 the leasing of Federal lands of the United States for 

7 the exploration, development, production, processing, 

8 or transmission of oil, natural gas, wind, or any 

9 other source of energy, and any action under such 

10 a lease, except that the term does not include any 

11 disputes between the parties to a lease regarding the 

12 obligations under such lease, including regarding 

13 any alleged breach of the lease. 

14 SEC. 1142. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS 

15 RELATING TO COVERED ENERGY PROJECTS. 

16 Venue for any covered civil action shall lie in the dis17 trict court where the project or leases exist or are pro18 posed. 

19 SEC. 1143. TIMELY FILING. 

20 To ensure timely redress by the courts, a covered civil 

21 action must be filed no later than the end of the 90-day 

22 period beginning on the date of the final Federal agency 

23 action to which it relates. 
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1 SEC. 1144. EXPEDITION IN HEARING AND DETERMINING 

2 THE ACTION. 

3 The court shall endeavor to hear and determine any 

4 covered civil action as expeditiously as possible. 

5 SEC. 1145. STANDARD OF REVIEW. 

6 In any judicial review of a covered civil action, admin7 istrative findings and conclusions relating to the chal8 lenged Federal action or decision shall be presumed to be 

9 correct, and the presumption may be rebutted only by the 

10 preponderance of the evidence contained in the adminis11 trative record. 

12 SEC. 1146. LIMITATION ON INJUNCTION AND PROSPECTIVE 

13 RELIEF. 

14 In a covered civil action, the court shall not grant 

15 or approve any prospective relief unless the court finds 

16 that such relief is narrowly drawn, extends no further than 

17 necessary to correct the violation of a legal requirement, 

18 and is the least intrusive means necessary to correct that 

19 violation. In addition, courts shall limit the duration of 

20 preliminary injunctions to halt covered energy projects to 

21 no more than 60 days, unless the court finds clear reasons 

22 to extend the injunction. In such cases of extensions, such 

23 extensions shall only be in 30-day increments and shall 

24 require action by the court to renew the injunction. 
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1 SEC. 1147. LIMITATION ON ATTORNEYS’ FEES. 

2 Sections 504 of title 5, United States Code, and 2412 

3 of title 28, United States Code, (together commonly called 

4 the Equal Access to Justice Act) do not apply to a covered 

5 civil action, nor shall any party in such a covered civil ac6 tion receive payment from the Federal Government for 

7 their attorneys’ fees, expenses, and other court costs. 

8 SEC. 1148. LEGAL STANDING. 

9 Challengers filing appeals with the Department of the 

10 Interior Board of Land Appeals shall meet the same 

11 standing requirements as challengers before a United 

12 States district court. 

13 CHAPTER 5—KNOWING AMERICA’S OIL 

14 AND GAS RESOURCES 

15 SEC. 1151. FUNDING OIL AND GAS RESOURCE ASSESS16 MENTS. 

17 (a) IN GENERAL.—The Secretary of the Interior shall 

18 provide matching funding for joint projects with States to 

19 conduct oil and gas resource assessments on Federal lands 

20 with significant oil and gas potential. 

21 (b) COST SHARING.—The Federal share of the cost 

22 of activities under this section shall not exceed 50 percent. 

23 (c) RESOURCE ASSESSMENT.—Any resource assess24 ment under this section shall be conducted by a State, in 

25 consultation with the United States Geological Survey. 
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary to carry 

3 out this section a total of $50,000,000 for fiscal years 

4 2014 through 2017. 

5 Subtitle B—Oil and Gas Leasing 

6 Certainty 

7 SEC. 1201. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Providing Leasing 

9 Certainty for American Energy Act of 2013’’. 

10 SEC. 1202. MINIMUM ACREAGE REQUIREMENT FOR ON11 SHORE LEASE SALES. 

12 In conducting lease sales as required by section 17(a) 

13 of the Mineral Leasing Act (30 U.S.C. 226(a)), each year 

14 the Secretary of the Interior shall perform the following: 

15 (1) The Secretary shall offer for sale no less 

16 than 25 percent of the annual nominated acreage 

17 not previously made available for lease. Acreage of18 fered for lease pursuant to this paragraph shall not 

19 be subject to protest and shall be eligible for cat20 egorical exclusions under section 390 of the Energy 

21 Policy Act of 2005 (42 U.S.C. 15942), except that 

22 it shall not be subject to the test of extraordinary 

23 circumstances. 

24 (2) In administering this section, the Secretary 

25 shall only consider leasing of Federal lands that are 
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1 available for leasing at the time the lease sale oc2 curs. 

3 SEC. 1203. LEASING CERTAINTY. 

4 Section 17(a) of the Mineral Leasing Act (30 U.S.C. 

5 226(a)) is amended by inserting ‘‘(1)’’ before ‘‘All lands’’, 

6 and by adding at the end the following: 

7 ‘‘(2)(A) The Secretary shall not withdraw any cov8 ered energy project issued under this Act without finding 

9 a violation of the terms of the lease by the lessee. 

10 ‘‘(B) The Secretary shall not infringe upon lease 

11 rights under leases issued under this Act by indefinitely 

12 delaying issuance of project approvals, drilling and seismic 

13 permits, and rights of way for activities under such a 

14 lease. 

15 ‘‘(C) No later than 18 months after an area is des16 ignated as open under the current land use plan the Sec17 retary shall make available nominated areas for lease 

18 under the criteria in section 2. 

19 ‘‘(D) Notwithstanding any other law, the Secretary 

20 shall issue all leases sold no later than 60 days after the 

21 last payment is made. 

22 ‘‘(E) The Secretary shall not cancel or withdraw any 

23 lease parcel after a competitive lease sale has occurred and 

24 a winning bidder has submitted the last payment for the 

25 parcel. 
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1 ‘‘(F) Not later than 60 days after a lease sale held 

2 under this Act, the Secretary shall adjudicate any lease 

3 protests filed following a lease sale. If after 60 days any 

4 protest is left unsettled, said protest is automatically de5 nied and appeal rights of the protestor begin. 

6 ‘‘(G) No additional lease stipulations may be added 

7 after the parcel is sold without consultation and agree8 ment of the lessee, unless the Secretary deems such stipu9 lations as emergency actions to conserve the resources of 

10 the United States.’’. 

11 SEC. 1204. LEASING CONSISTENCY. 

12 Federal land managers must follow existing resource 

13 management plans and continue to actively lease in areas 

14 designated as open when resource management plans are 

15 being amended or revised, until such time as a new record 

16 of decision is signed. 

17 SEC. 1205. REDUCE REDUNDANT POLICIES. 

18 Bureau of Land Management Instruction Memo19 randum 2010–117 shall have no force or effect. 

20 SEC. 1206. STREAMLINED CONGRESSIONAL NOTIFICATION. 

21 Section 31(e) of the Mineral Leasing Act (30 U.S.C. 

22 188(e)) is amended in the matter following paragraph (4) 

23 by striking ‘‘at least thirty days in advance of the rein24 statement’’ and inserting ‘‘in an annual report’’. 
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1 Subtitle C—Oil Shale 

2 SEC. 1301. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Protecting Invest4 ment in Oil Shale the Next Generation of Environmental, 

5 Energy, and Resource Security Act’’ or the ‘‘PIONEERS 

6 Act’’. 

7 SEC. 1302. EFFECTIVENESS OF OIL SHALE REGULATIONS, 

8 AMENDMENTS TO RESOURCE MANAGEMENT 

9 PLANS, AND RECORD OF DECISION. 

10 (a) REGULATIONS.—Notwithstanding any other law 

11 or regulation to the contrary, the final regulations regard12 ing oil shale management published by the Bureau of 

13 Land Management on November 18, 2008 (73 Fed. Reg. 

14 69,414) are deemed to satisfy all legal and procedural re15 quirements under any law, including the Federal Land 

16 Policy and Management Act of 1976 (43 U.S.C. 1701 et 

17 seq.), the Endangered Species Act of 1973 (16 U.S.C. 

18 1531 et seq.), and the National Environmental Policy Act 

19 of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of 

20 the Interior shall implement those regulations, including 

21 the oil shale leasing program authorized by the regula22 tions, without any other administrative action necessary. 

23 (b) AMENDMENTS TO RESOURCE MANAGEMENT

24 PLANS AND RECORD OF DECISION.—Notwithstanding 

25 any other law or regulation to the contrary, the November 
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1 17, 2008 U.S. Bureau of Land Management Approved Re2 source Management Plan Amendments/Record of Decision 

3 for Oil Shale and Tar Sands Resources to Address Land 

4 Use Allocations in Colorado, Utah, and Wyoming and 

5 Final Programmatic Environmental Impact Statement are 

6 deemed to satisfy all legal and procedural requirements 

7 under any law, including the Federal Land Policy and 

8 Management Act of 1976 (43 U.S.C. 1701 et seq.), the 

9 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

10 and the National Environmental Policy Act of 1969 (42 

11 U.S.C. 4321 et seq.), and the Secretary of the Interior 

12 shall implement the oil shale leasing program authorized 

13 by the regulations referred to in subsection (a) in those 

14 areas covered by the resource management plans amended 

15 by such amendments, and covered by such record of deci16 sion, without any other administrative action necessary. 

17 SEC. 1303. OIL SHALE LEASING. 

18 (a) ADDITIONAL RESEARCH AND DEVELOPMENT

19 LEASE SALES.—The Secretary of the Interior shall hold 

20 a lease sale within 180 days after the date of enactment 

21 of this Act offering an additional 10 parcels for lease for 

22 research, development, and demonstration of oil shale re23 sources, under the terms offered in the solicitation of bids 

24 for such leases published on January 15, 2009 (74 Fed. 

25 Reg. 10). 
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1 (b) COMMERCIAL LEASE SALES.—No later than Jan2 uary 1, 2016, the Secretary of the Interior shall hold no 

3 less than 5 separate commercial lease sales in areas con4 sidered to have the most potential for oil shale develop5 ment, as determined by the Secretary, in areas nominated 

6 through public comment. Each lease sale shall be for an 

7 area of not less than 25,000 acres, and in multiple lease 

8 blocs. 

9 Subtitle D—Miscellaneous 

10 Provisions 

11 SEC. 1401. RULE OF CONSTRUCTION. 

12 Nothing in this title shall be construed to authorize 

13 the issuance of a lease under the Mineral Leasing Act (30 

14 U.S.C. 181 et seq.) to any person designated for the impo15 sition of sanctions pursuant to— 

16 (1) the Iran Sanctions Act of 1996 (50 U.S.C. 

17 1701 note), the Comprehensive Iran Sanctions, Ac18 countability and Divestiture Act of 2010 (22 U.S.C. 

19 8501 et seq.), the Iran Threat Reduction and Syria 

20 Human Rights Act of 2012 (22 U.S.C. 8701 et 

21 seq.), section 1245 of the National Defense Author22 ization Act for Fiscal Year 2012 (22 U.S.C. 8513a), 

23 or the Iran Freedom and Counter-Proliferation Act 

24 of 2012 (22 U.S.C. 8801 et seq.); 
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1 (2) Executive Order No. 13622 (July 30, 

2 2012), Executive Order No. 13628 (October 9, 

3 2012), or Executive Order No. 13645 (June 3, 

4 2013); 

5 (3) Executive Order No. 13224 (September 23, 

6 2001) or Executive Order No. 13338 (May 11, 

7 2004); or 

8 (4) the Syria Accountability and Lebanese Sov9 ereignty Restoration Act of 2003 (22 U.S.C. 2151 

10 note). 

11 TITLE II—PLANNING FOR 

12 AMERICAN ENERGY 

13 SEC. 2001. SHORT TITLE. 

14 This title may be cited as the ‘‘Planning for American 

15 Energy Act of 2013’’. 

16 SEC. 2002. ONSHORE DOMESTIC ENERGY PRODUCTION 

17 STRATEGIC PLAN. 

18 (a) IN GENERAL.—The Mineral Leasing Act (30 

19 U.S.C. 181 et seq.) is amended by redesignating section 

20 44 as section 45, and by inserting after section 43 the 

21 following: 

22 ‘‘SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE 

23 ENERGY PRODUCTION STRATEGY. 

24 ‘‘(a) IN GENERAL.— 
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1 ‘‘(1) The Secretary of the Interior (hereafter in 

2 this section referred to as ‘Secretary’), in consulta3 tion with the Secretary of Agriculture with regard to 

4 lands administered by the Forest Service, shall de5 velop and publish every 4 years a Quadrennial Fed6 eral Onshore Energy Production Strategy. This 

7 Strategy shall direct Federal land energy develop8 ment and department resource allocation in order to 

9 promote the energy and national security of the 

10 United States in accordance with Bureau of Land 

11 Management’s mission of promoting the multiple use 

12 of Federal lands as set forth in the Federal Land 

13 Policy and Management Act of 1976 (43 U.S.C. 

14 1701 et seq.). 

15 ‘‘(2) In developing this Strategy, the Secretary 

16 shall consult with the Administrator of the Energy 

17 Information Administration on the projected energy 

18 demands of the United States for the next 30-year 

19 period, and how energy derived from Federal on20 shore lands can put the United States on a trajec21 tory to meet that demand during the next 4-year pe22 riod. The Secretary shall consider how Federal lands 

23 will contribute to ensuring national energy security, 

24 with a goal for increasing energy independence and 

25 production, during the next 4-year period. 
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1 ‘‘(3) The Secretary shall determine a domestic 

2 strategic production objective for the development of 

3 energy resources from Federal onshore lands. Such 

4 objective shall be— 

5 ‘‘(A) the best estimate, based upon com6 mercial and scientific data, of the expected in7 crease in domestic production of oil and natural 

8 gas from the Federal onshore mineral estate, 

9 with a focus on lands held by the Bureau of 

10 Land Management and the Forest Service; 

11 ‘‘(B) the best estimate, based upon com12 mercial and scientific data, of the expected in13 crease in domestic coal production from Federal 

14 lands; 

15 ‘‘(C) the best estimate, based upon com16 mercial and scientific data, of the expected in17 crease in domestic production of strategic and 

18 critical energy minerals from the Federal on19 shore mineral estate; 

20 ‘‘(D) the best estimate, based upon com21 mercial and scientific data, of the expected in22 crease in megawatts for electricity production 

23 from each of the following sources: wind, solar, 

24 biomass, hydropower, and geothermal energy 

25 produced on Federal lands administered by the 
26 

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1 Bureau of Land Management and the Forest 

2 Service; 

3 ‘‘(E) the best estimate, based upon com4 mercial and scientific data, of the expected in5 crease in unconventional energy production, 

6 such as oil shale; 

7 ‘‘(F) the best estimate, based upon com8 mercial and scientific data, of the expected in9 crease in domestic production of oil, natural 

10 gas, coal, and other renewable sources from 

11 tribal lands for any federally recognized Indian 

12 tribe that elects to participate in facilitating en13 ergy production on its lands; 

14 ‘‘(G) the best estimate, based upon com15 mercial and scientific data, of the expected in16 crease in production of helium on Federal lands 

17 administered by the Bureau of Land Manage18 ment and the Forest Service; and 

19 ‘‘(H) the best estimate, based upon com20 mercial and scientific data, of the expected in21 crease in domestic production of geothermal, 

22 solar, wind, or other renewable energy sources 

23 from ‘available lands’ (as such term is defined 

24 in section 203 of the Hawaiian Homes Commis25 sion Act, 1920 (42 Stat. 108 et seq.), and in-
27 

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1 cluding any other lands deemed by the Terri2 tory or State of Hawaii, as the case may be, to 

3 be included within that definition) that the 

4 agency or department of the government of the 

5 State of Hawaii that is responsible for the ad6 ministration of such lands selects to be used for 

7 such energy production. 

8 ‘‘(4) The Secretary shall consult with the Ad9 ministrator of the Energy Information Administra10 tion regarding the methodology used to arrive at its 

11 estimates for purposes of this section. 

12 ‘‘(5) The Secretary has the authority to expand 

13 the energy development plan to include other energy 

14 production technology sources or advancements in 

15 energy on Federal lands. 

16 ‘‘(6) The Secretary shall include in the Strategy 

17 a plan for addressing new demands for transmission 

18 lines and pipelines for distribution of oil and gas 

19 across Federal lands to ensure that energy produced 

20 can be distributed to areas of need. 

21 ‘‘(b) TRIBAL OBJECTIVES.—It is the sense of Con22 gress that federally recognized Indian tribes may elect to 

23 set their own production objectives as part of the Strategy 

24 under this section. The Secretary shall work in coopera25 tion with any federally recognized Indian tribe that elects 
28 

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1 to participate in achieving its own strategic energy objec2 tives designated under this subsection. 

3 ‘‘(c) EXECUTION OF THE STRATEGY.—The relevant 

4 Secretary shall have all necessary authority to make deter5 minations regarding which additional lands will be made 

6 available in order to meet the production objectives estab7 lished by strategies under this section. The Secretary shall 

8 also take all necessary actions to achieve these production 

9 objectives unless the President determines that it is not 

10 in the national security and economic interests of the 

11 United States to increase Federal domestic energy produc12 tion and to further decrease dependence upon foreign 

13 sources of energy. In administering this section, the rel14 evant Secretary shall only consider leasing Federal lands 

15 available for leasing at the time the lease sale occurs. 

16 ‘‘(d) STATE, FEDERALLY RECOGNIZED INDIAN

17 TRIBES, LOCAL GOVERNMENT, AND PUBLIC INPUT.—In 

18 developing each strategy, the Secretary shall solicit the 

19 input of affected States, federally recognized Indian tribes, 

20 local governments, and the public. 

21 ‘‘(e) REPORTING.—The Secretary shall report annu22 ally to the Committee on Natural Resources of the House 

23 of Representatives and the Committee on Energy and 

24 Natural Resources of the Senate on the progress of meet25 ing the production goals set forth in the strategy. The Sec-
29 

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1 retary shall identify in the report projections for produc2 tion and capacity installations and any problems with leas3 ing, permitting, siting, or production that will prevent 

4 meeting the goal. In addition, the Secretary shall make 

5 suggestions to help meet any shortfalls in meeting the pro6 duction goals. 

7 ‘‘(f) PROGRAMMATIC ENVIRONMENTAL IMPACT

8 STATEMENT.—Not later than 12 months after the date 

9 of enactment of this section, in accordance with section 

10 102(2)(C) of the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall com12 plete a programmatic environmental impact statement. 

13 This programmatic environmental impact statement will 

14 be deemed sufficient to comply with all requirements 

15 under that Act for all necessary resource management and 

16 land use plans associated with the implementation of the 

17 strategy. 

18 ‘‘(g) CONGRESSIONAL REVIEW.—At least 60 days 

19 prior to publishing a proposed strategy under this section, 

20 the Secretary shall submit it to the President and the Con21 gress, together with any comments received from States, 

22 federally recognized Indian tribes, and local governments. 

23 Such submission shall indicate why any specific rec24 ommendation of a State, federally recognized Indian tribe, 

25 or local government was not accepted. 
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1 ‘‘(h) STRATEGIC AND CRITICAL ENERGY MINERALS

2 DEFINED.—For purposes of this section, the term ‘stra3 tegic and critical energy minerals’ means those that are 

4 necessary for the Nation’s energy infrastructure including 

5 pipelines, refining capacity, electrical power generation 

6 and transmission, and renewable energy production and 

7 those that are necessary to support domestic manufac8 turing, including but not limited to, materials used in en9 ergy generation, production, and transportation.’’. 

10 (b) FIRST QUADRENNIAL STRATEGY.—Not later 

11 than 18 months after the date of enactment of this Act, 

12 the Secretary of the Interior shall submit to Congress the 

13 first Quadrennial Federal Onshore Energy Production 

14 Strategy under the amendment made by subsection (a). 

15 TITLE III—NATIONAL PETRO16 LEUM RESERVE IN ALASKA 

17 ACCESS 

18 SEC. 3001. SHORT TITLE. 

19 This title may be cited as the ‘‘National Petroleum 

20 Reserve Alaska Access Act’’. 

21 SEC. 3002. SENSE OF CONGRESS AND REAFFIRMING NA22 TIONAL POLICY FOR THE NATIONAL PETRO23 LEUM RESERVE IN ALASKA. 

24 It is the sense of Congress that— 
31 

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1 (1) the National Petroleum Reserve in Alaska 

2 remains explicitly designated, both in name and legal 

3 status, for purposes of providing oil and natural gas 

4 resources to the United States; and 

5 (2) accordingly, the national policy is to actively 

6 advance oil and gas development within the Reserve 

7 by facilitating the expeditious exploration, produc8 tion, and transportation of oil and natural gas from 

9 and through the Reserve. 

10 SEC. 3003. NATIONAL PETROLEUM RESERVE IN ALASKA: 

11 LEASE SALES. 

12 Section 107(a) of the Naval Petroleum Reserves Pro13 duction Act of 1976 (42 U.S.C. 6506a(a)) is amended to 

14 read as follows: 

15 ‘‘(a) IN GENERAL.—The Secretary shall conduct an 

16 expeditious program of competitive leasing of oil and gas 

17 in the reserve in accordance with this Act. Such program 

18 shall include at least one lease sale annually in those areas 

19 of the reserve most likely to produce commercial quantities 

20 of oil and natural gas each year in the period 2013 

21 through 2023.’’. 
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1 SEC. 3004. NATIONAL PETROLEUM RESERVE IN ALASKA: 

2 PLANNING AND PERMITTING PIPELINE AND 

3 ROAD CONSTRUCTION. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the Secretary of the Interior, in consultation 

6 with other appropriate Federal agencies, shall facilitate 

7 and ensure permits, in a timely and environmentally re8 sponsible manner, for all surface development activities, 

9 including for the construction of pipelines and roads, nec10 essary to— 

11 (1) develop and bring into production any areas 

12 within the National Petroleum Reserve in Alaska 

13 that are subject to oil and gas leases; and 

14 (2) transport oil and gas from and through the 

15 National Petroleum Reserve in Alaska in the most 

16 direct manner possible to existing transportation or 

17 processing infrastructure on the North Slope of 

18 Alaska. 

19 (b) TIMELINE.—The Secretary shall ensure that any 

20 Federal permitting agency shall issue permits in accord21 ance with the following timeline: 

22 (1) Permits for such construction for transpor23 tation of oil and natural gas produced under existing 

24 Federal oil and gas leases with respect to which the 

25 Secretary has issued a permit to drill shall be ap-
33 

•HR 1965 EH

1 proved within 60 days after the date of enactment 

2 of this Act. 

3 (2) Permits for such construction for transpor4 tation of oil and natural gas produced under Federal 

5 oil and gas leases shall be approved within 6 months 

6 after the submission to the Secretary of a request 

7 for a permit to drill. 

8 (c) PLAN.—To ensure timely future development of 

9 the Reserve, within 270 days after the date of the enact10 ment of this Act, the Secretary of the Interior shall submit 

11 to Congress a plan for approved rights-of-way for a plan 

12 for pipeline, road, and any other surface infrastructure 

13 that may be necessary infrastructure that will ensure that 

14 all leasable tracts in the Reserve are within 25 miles of 

15 an approved road and pipeline right-of-way that can serve 

16 future development of the Reserve. 

17 SEC. 3005. ISSUANCE OF A NEW INTEGRATED ACTIVITY 

18 PLAN AND ENVIRONMENTAL IMPACT STATE19 MENT. 

20 (a) ISSUANCE OF NEW INTEGRATED ACTIVITY

21 PLAN.—The Secretary of the Interior shall, within 180 

22 days after the date of enactment of this Act, issue— 

23 (1) a new proposed integrated activity plan 

24 from among the non-adopted alternatives in the Na25 tional Petroleum Reserve Alaska Integrated Activity 
34 

•HR 1965 EH

1 Plan Record of Decision issued by the Secretary of 

2 the Interior and dated February 21, 2013; and 

3 (2) an environmental impact statement under 

4 section 102(2)(C) of the National Environmental 

5 Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for 

6 issuance of oil and gas leases in the National Petro7 leum Reserve-Alaska to promote efficient and max8 imum development of oil and natural gas resources 

9 of such reserve. 

10 (b) NULLIFICATION OF EXISTING RECORD OF DECI11 SION, IAP, AND EIS.—Except as provided in subsection 

12 (a), the National Petroleum Reserve-Alaska Integrated 

13 Activity Plan Record of Decision issued by the Secretary 

14 of the Interior and dated February 21, 2013, including 

15 the integrated activity plan and environmental impact 

16 statement referred to in that record of decision, shall have 

17 no force or effect. 

18 SEC. 3006. DEPARTMENTAL ACCOUNTABILITY FOR DEVEL19 OPMENT. 

20 The Secretary of the Interior shall issue regulations 

21 not later than 180 days after the date of enactment of 

22 this Act that establish clear requirements to ensure that 

23 the Department of the Interior is supporting development 

24 of oil and gas leases in the National Petroleum Reserve25 Alaska. 
35 

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1 SEC. 3007. DEADLINES UNDER NEW PROPOSED INTE2 GRATED ACTIVITY PLAN. 

3 At a minimum, the new proposed integrated activity 

4 plan issued under section 3005(a)(1) shall— 

5 (1) require the Department of the Interior to 

6 respond within 5 business days to a person who sub7 mits an application for a permit for development of 

8 oil and natural gas leases in the National Petroleum 

9 Reserve-Alaska acknowledging receipt of such appli10 cation; and 

11 (2) establish a timeline for the processing of 

12 each such application, that— 

13 (A) specifies deadlines for decisions and 

14 actions on permit applications; and 

15 (B) provide that the period for issuing 

16 each permit after submission of such an appli17 cation shall not exceed 60 days without the con18 currence of the applicant. 

19 SEC. 3008. UPDATED RESOURCE ASSESSMENT. 

20 (a) IN GENERAL.—The Secretary of the Interior shall 

21 complete a comprehensive assessment of all technically re22 coverable fossil fuel resources within the National Petro23 leum Reserve in Alaska, including all conventional and un24 conventional oil and natural gas. 

25 (b) COOPERATION AND CONSULTATION.—The re26 source assessment required by subsection (a) shall be car-
36 

•HR 1965 EH

1 ried out by the United States Geological Survey in co2 operation and consultation with the State of Alaska and 

3 the American Association of Petroleum Geologists. 

4 (c) TIMING.—The resource assessment required by 

5 subsection (a) shall be completed within 24 months of the 

6 date of the enactment of this Act. 

7 (d) FUNDING.—The United States Geological Survey 

8 may, in carrying out the duties under this section, coop9 eratively use resources and funds provided by the State 

10 of Alaska. 

11 TITLE IV—BLM LIVE INTERNET 

12 AUCTIONS 

13 SEC. 4001. SHORT TITLE. 

14 This title may be cited as the ‘‘BLM Live Internet 

15 Auctions Act’’. 

16 SEC. 4002. INTERNET-BASED ONSHORE OIL AND GAS LEASE 

17 SALES. 

18 (a) AUTHORIZATION.—Section 17(b)(1) of the Min19 eral Leasing Act (30 U.S.C. 226(b)(1)) is amended— 

20 (1) in subparagraph (A), in the third sentence, 

21 by inserting ‘‘, except as provided in subparagraph 

22 (C)’’ after ‘‘by oral bidding’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(C) In order to diversify and expand the Nation’s 

25 onshore leasing program to ensure the best return to the 
37 

•HR 1965 EH

1 Federal taxpayer, reduce fraud, and secure the leasing 

2 process, the Secretary may conduct onshore lease sales 

3 through Internet-based bidding methods. Each individual 

4 Internet-based lease sale shall conclude within 7 days.’’. 

5 (b) REPORT.—Not later than 90 days after the tenth 

6 Internet-based lease sale conducted under the amendment 

7 made by subsection (a), the Secretary of the Interior shall 

8 analyze the first 10 such lease sales and report to Con9 gress the findings of the analysis. The report shall in10 clude— 

11 (1) estimates on increases or decreases in such 

12 lease sales, compared to sales conducted by oral bid13 ding, in— 

14 (A) the number of bidders; 

15 (B) the average amount of bid; 

16 (C) the highest amount bid; and 

17 (D) the lowest bid; 

18 (2) an estimate on the total cost or savings to 

19 the Department of the Interior as a result of such 

20 sales, compared to sales conducted by oral bidding; 

21 and 

22 (3) an evaluation of the demonstrated or ex23 pected effectiveness of different structures for lease 

24 sales which may provide an opportunity to better 

25 maximize bidder participation, ensure the highest re-
38 

•HR 1965 EH

1 turn to the Federal taxpayers, minimize opportuni2 ties for fraud or collusion, and ensure the security 

3 and integrity of the leasing process. 

4 TITLE V—NATIVE AMERICAN 

5 ENERGY 

6 SEC. 5001. SHORT TITLE. 

7 This title may be cited as the ‘‘Native American En8 ergy Act’’. 

9 SEC. 5002. APPRAISALS. 

10 (a) AMENDMENT.—Title XXVI of the Energy Policy 

11 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add12 ing at the end the following: 

13 ‘‘SEC. 2607. APPRAISAL REFORMS. 

14 ‘‘(a) OPTIONS TO INDIAN TRIBES.—With respect to 

15 a transaction involving Indian land or the trust assets of 

16 an Indian tribe that requires the approval of the Sec17 retary, any appraisal relating to fair market value required 

18 to be conducted under applicable law, regulation, or policy 

19 may be completed by— 

20 ‘‘(1) the Secretary; 

21 ‘‘(2) the affected Indian tribe; or 

22 ‘‘(3) a certified, third-party appraiser pursuant 

23 to a contract with the Indian tribe. 

24 ‘‘(b) TIME LIMIT ON SECRETARIAL REVIEW AND AC25 TION.—Not later than 30 days after the date on which 
39 

•HR 1965 EH

1 the Secretary receives an appraisal conducted by or for 

2 an Indian tribe pursuant to paragraphs (2) or (3) of sub3 section (a), the Secretary shall— 

4 ‘‘(1) review the appraisal; and 

5 ‘‘(2) provide to the Indian tribe a written notice 

6 of approval or disapproval of the appraisal. 

7 ‘‘(c) FAILURE OF SECRETARY TO APPROVE OR DIS8 APPROVE.—If, after 60 days, the Secretary has failed to 

9 approve or disapprove any appraisal received, the ap10 praisal shall be deemed approved. 

11 ‘‘(d) OPTION TO INDIAN TRIBES TO WAIVE AP12 PRAISAL.— 

13 ‘‘(1) An Indian tribe wishing to waive the re14 quirements of subsection (a), may do so after it has 

15 satisfied the requirements of subsections (2) and (3) 

16 below. 

17 ‘‘(2) An Indian tribe wishing to forego the ne18 cessity of a waiver pursuant to this section must 

19 provide to the Secretary a written resolution, state20 ment, or other unambiguous indication of tribal in21 tent, duly approved by the governing body of the In22 dian tribe. 

23 ‘‘(3) The unambiguous indication of intent pro24 vided by the Indian tribe to the Secretary under 

25 paragraph (2) must include an express waiver by the 
40 

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1 Indian tribe of any claims for damages it might have 

2 against the United States as a result of the lack of 

3 an appraisal undertaken. 

4 ‘‘(e) DEFINITION.—For purposes of this subsection, 

5 the term ‘appraisal’ includes appraisals and other esti6 mates of value. 

7 ‘‘(f) REGULATIONS.—The Secretary shall develop 

8 regulations for implementing this section, including stand9 ards the Secretary shall use for approving or disapproving 

10 an appraisal.’’. 

11 (b) CONFORMING AMENDMENT.—The table of con12 tents of the Energy Policy Act of 1992 (42 U.S.C. 13201 

13 note) is amended by adding at the end of the items relat14 ing to title XXVI the following: 

‘‘Sec. 2607. Appraisal reforms.’’. 

15 SEC. 5003. STANDARDIZATION. 

16 As soon as practicable after the date of the enactment 

17 of this Act, the Secretary of the Interior shall implement 

18 procedures to ensure that each agency within the Depart19 ment of the Interior that is involved in the review, ap20 proval, and oversight of oil and gas activities on Indian 

21 lands shall use a uniform system of reference numbers and 

22 tracking systems for oil and gas wells. 
41 

•HR 1965 EH

1 SEC. 5004. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL 

2 ACTIONS ON INDIAN LANDS. 

3 Section 102 of the National Environmental Policy 

4 Act of 1969 (42 U.S.C. 4332) is amended by inserting 

5 ‘‘(a) IN GENERAL.—’’ before the first sentence, and by 

6 adding at the end the following: 

7 ‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON IN8 DIAN LANDS.— 

9 ‘‘(1) IN GENERAL.—For any major Federal ac10 tion on Indian lands of an Indian tribe requiring the 

11 preparation of a statement under subsection 

12 (a)(2)(C), the statement shall only be available for 

13 review and comment by the members of the Indian 

14 tribe and by any other individual residing within the 

15 affected area. 

16 ‘‘(2) REGULATIONS.—The Chairman of the 

17 Council on Environmental Quality shall develop reg18 ulations to implement this section, including descrip19 tions of affected areas for specific major Federal ac20 tions, in consultation with Indian tribes. 

21 ‘‘(3) DEFINITIONS.—In this subsection, each of 

22 the terms ‘Indian land’ and ‘Indian tribe’ has the 

23 meaning given that term in section 2601 of the En24 ergy Policy Act of 1992 (25 U.S.C. 3501). 

25 ‘‘(4) CLARIFICATION OF AUTHORITY.—Nothing 

26 in the Native American Energy Act, except section 
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1 5006 of that Act, shall give the Secretary any addi2 tional authority over energy projects on Alaska Na3 tive Claims Settlement Act lands.’’. 

4 SEC. 5005. JUDICIAL REVIEW. 

5 (a) TIME FOR FILING COMPLAINT.—Any energy re6 lated action must be filed not later than the end of the 

7 60-day period beginning on the date of the final agency 

8 action. Any energy related action not filed within this time 

9 period shall be barred. 

10 (b) DISTRICT COURT VENUE AND DEADLINE.—All 

11 energy related actions— 

12 (1) shall be brought in the United States Dis13 trict Court for the District of Columbia; and 

14 (2) shall be resolved as expeditiously as pos15 sible, and in any event not more than 180 days after 

16 such cause of action is filed. 

17 (c) APPELLATE REVIEW.—An interlocutory order or 

18 final judgment, decree or order of the district court in an 

19 energy related action may be reviewed by the U.S. Court 

20 of Appeals for the District of Columbia Circuit. The D.C. 

21 Circuit Court of Appeals shall resolve such appeal as expe22 ditiously as possible, and in any event not more than 180 

23 days after such interlocutory order or final judgment, de24 cree or order of the district court was issued. 
43 

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1 (d) LIMITATION ON CERTAIN PAYMENTS.—Notwith2 standing section 1304 of title 31, United States Code, no 

3 award may be made under section 504 of title 5, United 

4 States Code, or under section 2412 of title 28, United 

5 States Code, and no amounts may be obligated or ex6 pended from the Claims and Judgment Fund of the 

7 United States Treasury to pay any fees or other expenses 

8 under such sections, to any person or party in an energy 

9 related action. 

10 (e) LEGAL FEES.—In any energy related action in 

11 which the plaintiff does not ultimately prevail, the court 

12 shall award to the defendant (including any intervenor13 defendants), other than the United States, fees and other 

14 expenses incurred by that party in connection with the en15 ergy related action, unless the court finds that the position 

16 of the plaintiff was substantially justified or that special 

17 circumstances make an award unjust. Whether or not the 

18 position of the plaintiff was substantially justified shall be 

19 determined on the basis of the administrative record, as 

20 a whole, which is made in the energy related action for 

21 which fees and other expenses are sought. 

22 (f) DEFINITIONS.—For the purposes of this section, 

23 the following definitions apply: 
44 

•HR 1965 EH

1 (1) AGENCY ACTION.—The term ‘‘agency ac2 tion’’ has the same meaning given such term in sec3 tion 551 of title 5, United States Code. 

4 (2) INDIAN LAND.—The term ‘‘Indian Land’’ 

5 has the same meaning given such term in section 

6 203(c)(3) of the Energy Policy Act of 2005 (Public 

7 Law 109–58; 25 U.S.C. 3501), including lands 

8 owned by Native Corporations under the Alaska Na9 tive Claims Settlement Act (Public Law 92–203; 43 

10 U.S.C. 1601). 

11 (3) ENERGY RELATED ACTION.—The term ‘‘en12 ergy related action’’ means a cause of action that— 

13 (A) is filed on or after the effective date of 

14 this Act; and 

15 (B) seeks judicial review of a final agency 

16 action to issue a permit, license, or other form 

17 of agency permission allowing: 

18 (i) any person or entity to conduct ac19 tivities on Indian Land, which activities in20 volve the exploration, development, produc21 tion or transportation of oil, gas, coal, 

22 shale gas, oil shale, geothermal resources, 

23 wind or solar resources, underground coal 

24 gasification, biomass, or the generation of 

25 electricity; or 
45 

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1 (ii) any Indian Tribe, or any organiza2 tion of two or more entities, at least one 

3 of which is an Indian tribe, to conduct ac4 tivities involving the exploration, develop5 ment, production or transportation of oil, 

6 gas, coal, shale gas, oil shale, geothermal 

7 resources, wind or solar resources, under8 ground coal gasification, biomass, or the 

9 generation of electricity, regardless of 

10 where such activities are undertaken. 

11 (4) ULTIMATELY PREVAIL.—The phrase ‘‘ulti12 mately prevail’’ means, in a final enforceable judg13 ment, the court rules in the party’s favor on at least 

14 one cause of action which is an underlying rationale 

15 for the preliminary injunction, administrative stay, 

16 or other relief requested by the party, and does not 

17 include circumstances where the final agency action 

18 is modified or amended by the issuing agency unless 

19 such modification or amendment is required pursu20 ant to a final enforceable judgment of the court or 

21 a court-ordered consent decree. 

22 SEC. 5006. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

23 The Tribal Forest Protection Act of 2004 is amended 

24 by inserting after section 2 (25 U.S.C. 3115a) the fol25 lowing: 
46 

•HR 1965 EH

1 ‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

2 ‘‘(a) IN GENERAL.—For each of fiscal years 2014 

3 through 2018, the Secretary shall enter into stewardship 

4 contracts or other agreements, other than agreements that 

5 are exclusively direct service contracts, with Indian tribes 

6 to carry out demonstration projects to promote biomass 

7 energy production (including biofuel, heat, and electricity 

8 generation) on Indian forest land and in nearby commu9 nities by providing reliable supplies of woody biomass from 

10 Federal land. 

11 ‘‘(b) DEFINITIONS.—The definitions in section 2 

12 shall apply to this section. 

13 ‘‘(c) DEMONSTRATION PROJECTS.—In each fiscal 

14 year for which projects are authorized, the Secretary shall 

15 enter into contracts or other agreements described in sub16 section (a) to carry out at least 4 new demonstration 

17 projects that meet the eligibility criteria described in sub18 section (d). 

19 ‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to enter 

20 into a contract or other agreement under this subsection, 

21 an Indian tribe shall submit to the Secretary an applica22 tion— 

23 ‘‘(1) containing such information as the Sec24 retary may require; and 

25 ‘‘(2) that includes a description of— 
47 

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1 ‘‘(A) the Indian forest land or rangeland 

2 under the jurisdiction of the Indian tribe; and 

3 ‘‘(B) the demonstration project proposed 

4 to be carried out by the Indian tribe. 

5 ‘‘(e) SELECTION.—In evaluating the applications 

6 submitted under subsection (c), the Secretary— 

7 ‘‘(1) shall take into consideration the factors set 

8 forth in paragraphs (1) and (2) of section 2(e) of 

9 Public Law 108–278; and whether a proposed dem10 onstration project would— 

11 ‘‘(A) increase the availability or reliability 

12 of local or regional energy; 

13 ‘‘(B) enhance the economic development of 

14 the Indian tribe; 

15 ‘‘(C) improve the connection of electric 

16 power transmission facilities serving the Indian 

17 tribe with other electric transmission facilities; 

18 ‘‘(D) improve the forest health or water19 sheds of Federal land or Indian forest land or 

20 rangeland; or 

21 ‘‘(E) otherwise promote the use of woody 

22 biomass; and 

23 ‘‘(2) shall exclude from consideration any mer24 chantable logs that have been identified by the Sec25 retary for commercial sale. 
48 

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1 ‘‘(f) IMPLEMENTATION.—The Secretary shall— 

2 ‘‘(1) ensure that the criteria described in sub3 section (c) are publicly available by not later than 

4 120 days after the date of enactment of this section; 

5 and 

6 ‘‘(2) to the maximum extent practicable, consult 

7 with Indian tribes and appropriate intertribal orga8 nizations likely to be affected in developing the ap9 plication and otherwise carrying out this section. 

10 ‘‘(g) REPORT.—Not later than September 20, 2015, 

11 the Secretary shall submit to Congress a report that de12 scribes, with respect to the reporting period— 

13 ‘‘(1) each individual tribal application received 

14 under this section; and 

15 ‘‘(2) each contract and agreement entered into 

16 pursuant to this section. 

17 ‘‘(h) INCORPORATION OF MANAGEMENT PLANS.—In 

18 carrying out a contract or agreement under this section, 

19 on receipt of a request from an Indian tribe, the Secretary 

20 shall incorporate into the contract or agreement, to the 

21 extent practicable, management plans (including forest 

22 management and integrated resource management plans) 

23 in effect on the Indian forest land or rangeland of the re24 spective Indian tribe. 
49 

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1 ‘‘(i) TERM.—A stewardship contract or other agree2 ment entered into under this section— 

3 ‘‘(1) shall be for a term of not more than 20 

4 years; and 

5 ‘‘(2) may be renewed in accordance with this 

6 section for not more than an additional 10 years.’’. 

7 SEC. 5007. TRIBAL RESOURCE MANAGEMENT PLANS. 

8 Unless otherwise explicitly exempted by Federal law 

9 enacted after the date of the enactment of this Act, any 

10 activity conducted or resources harvested or produced pur11 suant to a tribal resource management plan or an inte12 grated resource management plan approved by the Sec13 retary of the Interior under the National Indian Forest 

14 Resources Management Act (25 U.S.C. 3101 et seq.) or 

15 the American Indian Agricultural Resource Management 

16 Act (25 U.S.C. 3701 et seq.), shall be considered a sus17 tainable management practice for purposes of any Federal 

18 standard, benefit, or requirement that requires a dem19 onstration of such sustainability. 

20 SEC. 5008. LEASES OF RESTRICTED LANDS FOR THE NAV21 AJO NATION. 

22 Subsection (e)(1) of the first section of the Act of 

23 August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred 

24 to as the ‘‘Long-Term Leasing Act’’), is amended— 
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1 (1) by striking ‘‘, except a lease for’’ and insert2 ing ‘‘, including leases for’’; 

3 (2) in subparagraph (A), by striking ‘‘25’’ the 

4 first place it appears and all that follows and insert5 ing ‘‘99 years;’’; 

6 (3) in subparagraph (B), by striking the period 

7 and inserting ‘‘; and’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(C) in the case of a lease for the exploration, 

10 development, or extraction of mineral resources, in11 cluding geothermal resources, 25 years, except that 

12 any such lease may include an option to renew for 

13 one additional term not to exceed 25 years.’’. 

14 SEC. 5009. NONAPPLICABILITY OF CERTAIN RULES. 

15 No rule promulgated by the Department of the Inte16 rior regarding hydraulic fracturing used in the develop17 ment or production of oil or gas resources shall have any 

18 effect on any land held in trust or restricted status for 

19 the benefit of Indians except with the express consent of 
51 

•HR 1965 EH

1 the beneficiary on whose behalf such land is held in trust 

2 or restricted status. 

Passed the House of Representatives November 20, 

2013. 

Attest: 

Clerk. 
113TH CONGRESS 

1ST SESSION H. R. 1965 

AN ACT 

To streamline and ensure onshore energy permitjob creation, and for other purposes. ican energy security, economic development, and give certainty to oil shale development for Amer- ting, provide for onshore leasing certainty, and