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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4480 Engrossed in House (EH)]

112th CONGRESS
  2d Session
                                H. R. 4480

_______________________________________________________________________

                                 AN ACT

 
   To provide for the development of a plan to increase oil and gas 
 exploration, development, and production under oil and gas leases of 
 Federal lands under the jurisdiction of the Secretary of Agriculture, 
    the Secretary of Energy, the Secretary of the Interior, and the 
 Secretary of Defense in response to a drawdown of petroleum reserves 
                 from the Strategic Petroleum Reserve.

    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 ``Domestic Energy and Jobs 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.
TITLE I--INCREASING DOMESTIC OIL AND GAS EXPLORATION, DEVELOPMENT, AND 
    PRODUCTION IN RESPONSE TO STRATEGIC PETROLEUM RESERVE DRAWDOWNS

Sec. 101. Short title.
Sec. 102. Plan for increasing domestic oil and gas exploration, 
                            development, and production from Federal 
                            lands in response to Strategic Petroleum 
                            Reserve drawdown.
      TITLE II--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICES

Sec. 201. Short title.
Sec. 202. Transportation Fuels Regulatory Committee.
Sec. 203. Analyses.
Sec. 204. Reports; public comment.
Sec. 205. No final action on certain rules.
Sec. 206. Consideration of feasibility and cost in revising or 
                            supplementing national ambient air quality 
                            standards for ozone.
Sec. 207. Fuel requirements waiver and study.
  TITLE III--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION 
                                STRATEGY

Sec. 301. Short title.
Sec. 302. Onshore domestic energy production strategic plan.
Sec. 303. Definitions.
            TITLE IV--ONSHORE OIL AND GAS LEASING CERTAINTY

Sec. 401. Short title.
Sec. 402. Minimum acreage requirement for onshore lease sales.
Sec. 403. Leasing certainty.
Sec. 404. Leasing consistency.
Sec. 405. Reduce redundant policies.
                 TITLE V--STREAMLINED ENERGY PERMITTING

Sec. 501. Short title.
      Subtitle A--Application for Permits to Drill Process Reform

Sec. 511. Permit to drill application timeline.
Sec. 512. Solar and wind right-of-way rental reform.
        Subtitle B--Administrative Protest Documentation Reform

Sec. 521. Administrative protest documentation reform.
                    Subtitle C--Permit Streamlining

Sec. 531. Improve Federal energy permit coordination.
Sec. 532. Administration of current law.
Sec. 533. Policies regarding buying, building, and working for America.
                      Subtitle D--Judicial Review

Sec. 541. Definitions.
Sec. 542. Exclusive venue for certain civil actions relating to covered 
                            energy projects.
Sec. 543. Timely filing.
Sec. 544. Expedition in hearing and determining the action.
Sec. 545. Standard of review.
Sec. 546. Limitation on injunction and prospective relief.
Sec. 547. Limitation on attorneys' fees.
Sec. 548. Legal standing.
 TITLE VI--EXPEDITIOUS PROGRAM OF OIL AND GAS LEASING IN THE NATIONAL 
                      PETROLEUM RESERVE IN ALASKA

Sec. 601. Short title.
Sec. 602. Sense of Congress and reaffirming national policy for the 
                            National Petroleum Reserve in Alaska.
Sec. 603. National Petroleum Reserve in Alaska: lease sales.
Sec. 604. National Petroleum Reserve in Alaska: planning and permitting 
                            pipeline and road construction.
Sec. 605. Departmental Accountability for Development.
Sec. 606. Updated resource assessment.
Sec. 607. Colville River designation.
       TITLE VII--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES

Sec. 701. Short title.
Sec. 702. Internet-based onshore oil and gas lease sales.
     TITLE VIII--SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM 
                  TEMPERATURE COMMERCIAL REFRIGERATORS

Sec. 801. Service over the counter, self-contained, medium temperature 
                            commercial refrigerators.
                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Limitation on transfer of functions under the Mining Law 
                            Program or the Solid Minerals Leasing 
                            Program.
Sec. 902. Amount of distributed qualified Outer Continental Shelf 
                            revenues.
Sec. 903. Lease Sale 220 and other lease sales off the coast of 
                            Virginia.
              TITLE X--ADVANCING OFFSHORE WIND PRODUCTION

Sec. 1001. Short title.
Sec. 1002. Offshore meteorological site testing and monitoring 
                            projects.

TITLE I--INCREASING DOMESTIC OIL AND GAS EXPLORATION, DEVELOPMENT, AND 
    PRODUCTION IN RESPONSE TO STRATEGIC PETROLEUM RESERVE DRAWDOWNS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Strategic Energy Production Act of 
2012''.

SEC. 102. PLAN FOR INCREASING DOMESTIC OIL AND GAS EXPLORATION, 
              DEVELOPMENT, AND PRODUCTION FROM FEDERAL LANDS IN 
              RESPONSE TO STRATEGIC PETROLEUM RESERVE DRAWDOWN.

    Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 
6241) is amended by adding at the end the following new subsection:
    ``(k) Plan.--
            ``(1) Contents.--
                    ``(A) In general.--Not later than 180 days after 
                the date on which the Secretary executes, in accordance 
                with the provisions of this section, the first sale 
                after the date of enactment of this subsection of 
                petroleum products in the Reserve the Secretary shall 
                develop a plan to increase the percentage of Federal 
                lands (including submerged lands of the Outer 
                Continental Shelf) under the jurisdiction of the 
                Secretary of Agriculture, the Secretary of Energy, the 
                Secretary of the Interior, and the Secretary of Defense 
                leased for oil and gas exploration, development, and 
                production. The percentage of the total amount of the 
                Federal lands described in the preceding sentence by 
                which the plan developed under this paragraph will 
                increase leasing for oil and gas exploration, 
                development, and production shall be the same as the 
                percentage of petroleum in the Strategic Petroleum 
                Reserve that was drawn down.
                    ``(B) Requirements.--The plan developed under this 
                paragraph shall--
                            ``(i) be consistent with a national energy 
                        policy to meet the present and future energy 
                        needs of the Nation consistent with economic 
                        goals; and
                            ``(ii) promote the interests of consumers 
                        through the provision of an adequate and 
                        reliable supply of domestic transportation 
                        fuels at the lowest reasonable cost.
                    ``(C) Energy information.--The Secretary shall base 
                the determination of the present and future energy 
                needs of the Nation, for purposes of subparagraph 
                (B)(i), on information from the Energy Information 
                Administration.
            ``(2) Limitation.--The plan developed under paragraph (1) 
        shall not provide for oil and gas exploration, development, and 
        production leasing of a total of more than 10 percent of the 
        Federal lands described in paragraph (1)(A).
            ``(3) Consultation.--The Secretary shall develop the plan 
        required by paragraph (1) in consultation with the Secretary of 
        Agriculture, the Secretary of the Interior, and the Secretary 
        of Defense. Additionally, in developing the plan, the Secretary 
        shall consult with the American Association of Petroleum 
        Geologists and other State, environmentalist, and oil and gas 
        industry stakeholders to determine the most geologically 
        promising lands for production of oil and natural gas liquids.
            ``(4) Concurrence.--The plan required by paragraph (1) 
        shall not take effect without the concurrence of each of the 
        Secretary of Agriculture, the Secretary of the Interior, and 
        the Secretary of Defense with respect to elements of the plan 
        within the jurisdiction, respectively, of the Department of 
        Agriculture, the Department of the Interior, and the Department 
        of Defense.
            ``(5) Compliance with requirements.--Each Federal agency 
        described in paragraph (1)(A) shall comply with any 
        requirements established by the Secretary pursuant to the plan, 
        except that no action shall be taken pursuant to the plan if in 
        the view of the Secretary of Defense such action will adversely 
        affect national security or military activities, including 
        preparedness and training.
            ``(6) Exclusions.--The lands referred to in paragraph 
        (1)(A) shall not include lands managed under the National Park 
        System or the National Wilderness Preservation System.
            ``(7) Savings clause.--Nothing in this subsection shall be 
        construed to limit or affect the application of existing 
        restrictions on offshore drilling or requirements for land 
        management under Federal, State, or local law.''.

      TITLE II--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICES

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Gasoline Regulations Act of 
2012''.

SEC. 202. TRANSPORTATION FUELS REGULATORY COMMITTEE.

    (a) Establishment.--The President shall establish a committee to be 
known as the Transportation Fuels Regulatory Committee (in this title 
referred to as the ``Committee'') to analyze and report on the 
cumulative impacts of certain rules and actions of the Environmental 
Protection Agency on gasoline, diesel fuel, and natural gas prices, in 
accordance with sections 203 and 204.
    (b) Members.--The Committee shall be composed of the following 
officials (or their designees):
            (1) The Secretary of Energy, who shall serve as the Chair 
        of the Committee.
            (2) The Secretary of Transportation, acting through the 
        Administrator of the National Highway Traffic Safety 
        Administration.
            (3) The Secretary of Commerce, acting through the Chief 
        Economist and the Under Secretary for International Trade.
            (4) The Secretary of Labor, acting through the Commissioner 
        of the Bureau of Labor Statistics.
            (5) The Secretary of the Treasury, acting through the 
        Deputy Assistant Secretary for Environment and Energy of the 
        Department of the Treasury.
            (6) The Secretary of Agriculture, acting through the Chief 
        Economist.
            (7) The Administrator of the Environmental Protection 
        Agency.
            (8) The Chairman of the United States International Trade 
        Commission, acting through the Director of the Office of 
        Economics.
            (9) The Administrator of the Energy Information 
        Administration.
    (c) Consultation by Chair.--In carrying out the functions of the 
Chair of the Committee, the Chair shall consult with the other members 
of the Committee.
    (d) Consultation by Committee.--In carrying out this title, the 
Committee shall consult with the National Energy Technology Laboratory.
    (e) Termination.--The Committee shall terminate 60 days after 
submitting its final report pursuant to section 204(c).

SEC. 203. ANALYSES.

    (a) Scope.--The Committee shall conduct analyses, for each of the 
calendar years 2016 and 2020, of the cumulative impact of all covered 
rules, in combination with covered actions.
    (b) Contents.--The Committee shall include in each analysis 
conducted under this section the following:
            (1) Estimates of the cumulative impacts of the covered 
        rules and covered actions with regard to--
                    (A) any resulting change in the national, State, or 
                regional price of gasoline, diesel fuel, or natural 
                gas;
                    (B) required capital investments and projected 
                costs for operation and maintenance of new equipment 
                required to be installed;
                    (C) global economic competitiveness of the United 
                States and any loss of domestic refining capacity;
                    (D) other cumulative costs and cumulative benefits, 
                including evaluation through a general equilibrium 
                model approach;
                    (E) national, State, and regional employment, 
                including impacts associated with changes in gasoline, 
                diesel fuel, or natural gas prices and facility 
                closures; and
                    (F) any other matters affecting the growth, 
                stability, and sustainability of the Nation's oil and 
                gas industries, particularly relative to that of other 
                nations.
            (2) Discussion of key uncertainties and assumptions 
        associated with each estimate under paragraph (1).
            (3) A sensitivity analysis reflecting alternative 
        assumptions with respect to the aggregate demand for gasoline, 
        diesel fuel, or natural gas.
            (4) Discussion, and where feasible an assessment, of the 
        cumulative impact of the covered rules and covered actions on--
                    (A) consumers;
                    (B) small businesses;
                    (C) regional economies;
                    (D) State, local, and tribal governments;
                    (E) low-income communities;
                    (F) public health; and
                    (G) local and industry-specific labor markets,
        as well as key uncertainties associated with each topic listed 
        in subparagraphs (A) through (G).
    (c) Methods.--In conducting analyses under this section, the 
Committee shall use the best available methods, consistent with 
guidance from the Office of Information and Regulatory Affairs and the 
Office of Management and Budget Circular A-4.
    (d) Data.--In conducting analyses under this section, the Committee 
is not required to create data or to use data that is not readily 
accessible.
    (e) Covered Rules.--In this section, the term ``covered rule'' 
means the following rules (and includes any successor or substantially 
similar rules):
            (1) ``Control of Air Pollution From New Motor Vehicles: 
        Tier 3 Motor Vehicle Emission and Fuel Standards'', as 
        described in the Unified Agenda of Federal Regulatory and 
        Deregulatory Actions under Regulatory Identification Number 
        2060-AQ86.
            (2) Any rule proposed after March 15, 2012, establishing or 
        revising a standard of performance or emission standard under 
        section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412) 
        that is applicable to petroleum refineries.
            (3) Any rule proposed after March 15, 2012, for 
        implementation of the Renewable Fuel Program under section 
        211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
            (4) ``National Ambient Air Quality Standards for Ozone'', 
        published at 73 Federal Register 16436 (March 27, 2008); 
        ``Reconsideration of the 2008 Ozone Primary and Secondary 
        National Ambient Air Quality Standards'', as described in the 
        Unified Agenda of Federal Regulatory and Deregulatory Actions 
        under Regulatory Identification Number 2060-AP98; and any 
        subsequent rule revising or supplementing the national ambient 
        air quality standards for ozone under section 109 of the Clean 
        Air Act (42 U.S.C. 7409).
    (f) Covered Actions.--In this section, the term ``covered action'' 
means any action, to the extent such action affects facilities involved 
in the production, transportation, or distribution of gasoline, diesel 
fuel, or natural gas, taken on or after January 1, 2009, by the 
Administrator of the Environmental Protection Agency, a State, a local 
government, or a permitting agency as a result of the application of 
part C of title I (relating to prevention of significant deterioration 
of air quality), or title V (relating to permitting), of the Clean Air 
Act (42 U.S.C. 7401 et seq.), to an air pollutant that is identified as 
a greenhouse gas in the rule entitled ``Endangerment and Cause or 
Contribute Findings for Greenhouse Gases Under Section 202(a) of the 
Clean Air Act'' published at 74 Federal Register 66496 (December 15, 
2009).

SEC. 204. REPORTS; PUBLIC COMMENT.

    (a) Preliminary Report.--Not later than 90 days after the date of 
enactment of this Act, the Committee shall make public and submit to 
the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Environment and Public Works of the Senate a 
preliminary report containing the results of the analyses conducted 
under section 203.
    (b) Public Comment Period.--The Committee shall accept public 
comments regarding the preliminary report submitted under subsection 
(a) for a period of 60 days after such submission.
    (c) Final Report.--Not later than 60 days after the close of the 
public comment period under subsection (b), the Committee shall submit 
to Congress a final report containing the analyses conducted under 
section 203, including any revisions to such analyses made as a result 
of public comments, and a response to such comments.

SEC. 205. NO FINAL ACTION ON CERTAIN RULES.

    (a) In General.--The Administrator of the Environmental Protection 
Agency shall not finalize any of the following rules until a date (to 
be determined by the Administrator) that is at least 6 months after the 
day on which the Committee submits the final report under section 
204(c):
            (1) ``Control of Air Pollution From New Motor Vehicles: 
        Tier 3 Motor Vehicle Emission and Fuel Standards'', as 
        described in the Unified Agenda of Federal Regulatory and 
        Deregulatory Actions under Regulatory Identification Number 
        2060-AQ86, and any successor or substantially similar rule.
            (2) Any rule proposed after March 15, 2012, establishing or 
        revising a standard of performance or emission standard under 
        section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412) 
        that is applicable to petroleum refineries.
            (3) Any rule revising or supplementing the national ambient 
        air quality standards for ozone under section 109 of the Clean 
        Air Act (42 U.S.C. 7409).
    (b) Other Rules Not Affected.--Subsection (a) shall not affect the 
finalization of any rule other than the rules described in such 
subsection.

SEC. 206. CONSIDERATION OF FEASIBILITY AND COST IN REVISING OR 
              SUPPLEMENTING NATIONAL AMBIENT AIR QUALITY STANDARDS FOR 
              OZONE.

    In revising or supplementing any national primary or secondary 
ambient air quality standards for ozone under section 109 of the Clean 
Air Act (42 U.S.C. 7409), the Administrator of the Environmental 
Protection Agency shall take into consideration feasibility and cost.

SEC. 207. FUEL REQUIREMENTS WAIVER AND STUDY.

    (a) Waiver of Fuel Requirements.--Section 211(c)(4)(C) of the Clean 
Air Act (42 U.S.C. 7545(c)(4)(C)) is amended--
            (1) in clause (ii)(II), by inserting ``a problem with 
        distribution or delivery equipment necessary for the 
        transportation or delivery of fuel or fuel additives,'' after 
        ``equipment failure,'';
            (2) in clause (iii)(II), by inserting before the semicolon 
        at the end the following: ``(except that the Administrator may 
        extend the effectiveness of a waiver for more than 20 days if 
        the Administrator determines that the conditions under clause 
        (ii) supporting a waiver determination will exist for more than 
        20 days)'';
            (3) by redesignating the second clause (v) (relating to the 
        authority of the Administrator to approve certain State 
        implementation plans) as clause (vi); and
            (4) by adding at the end the following:
    ``(vii) Presumptive Approval.--Notwithstanding any other provision 
of this subparagraph, if the Administrator does not approve or deny a 
request for a waiver under this subparagraph within 3 days after 
receipt of the request, the request shall be deemed to be approved as 
received by the Administrator and the applicable fuel standards shall 
be deemed to be waived for the period of time requested.''.
    (b) Fuel System Requirements Harmonization Study.--Section 1509 of 
the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1083) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(A), by inserting ``biofuels,'' 
                after ``oxygenated fuel,'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (B)--
                                    (I) by redesignating clause (ii) as 
                                clause (iii);
                                    (II) in clause (i), by striking 
                                ``and'' after the semicolon; and
                                    (III) by inserting after clause (i) 
                                the following:
                            ``(i) the renewable fuel standard; and''; 
                        and
                                    (IV) in subparagraph (G), by 
                                inserting ``or Tier III'' after ``Tier 
                                II''; and
            (2) in subsection (b)(1), by striking ``2008'' and 
        inserting ``2014''.

  TITLE III--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION 
                                STRATEGY

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Planning for American Energy Act 
of 2012''.

SEC. 302. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.

    (a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended by redesignating section 44 as section 45, and by inserting 
after section 43 the following:

``SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION 
              STRATEGY.

    ``(a) In General.--
            ``(1) The Secretary of the Interior (hereafter in this 
        section referred to as `Secretary'), in consultation with the 
        Secretary of Agriculture with regard to lands administered by 
        the Forest Service, shall develop and publish every 4 years a 
        Quadrennial Federal Onshore Energy Production Strategy. This 
        Strategy shall direct Federal land energy development and 
        department resource allocation in order to promote the energy 
        security of the United States.
            ``(2) In developing this Strategy, the Secretary shall 
        consult with the Administrator of the Energy Information 
        Administration on the projected energy demands of the United 
        States for the next 30-year period, and how energy derived from 
        Federal onshore lands can put the United States on a trajectory 
        to meet that demand during the next 4-year period. The 
        Secretary shall consider how Federal lands will contribute to 
        ensuring national energy security, with a goal for increasing 
        energy independence and production, during the next 4-year 
        period.
            ``(3) The Secretary shall determine a domestic strategic 
        production objective for the development of energy resources 
        from Federal onshore lands. Such objective shall be--
                    ``(A) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of oil and natural gas from the Federal 
                onshore mineral estate, with a focus on lands held by 
                the Bureau of Land Management and the Forest Service;
                    ``(B) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                coal production from Federal lands;
                    ``(C) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of strategic and critical energy minerals 
                from the Federal onshore mineral estate;
                    ``(D) the best estimate, based upon commercial and 
                scientific data, of the expected increase in megawatts 
                for electricity production from each of the following 
                sources: wind, solar, biomass, hydropower, and 
                geothermal energy produced on Federal lands 
                administered by the Bureau of Land Management and the 
                Forest Service;
                    ``(E) the best estimate, based upon commercial and 
                scientific data, of the expected increase in 
                unconventional energy production, such as oil shale;
                    ``(F) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of oil, natural gas, coal, and other 
                renewable sources from tribal lands for any federally 
                recognized Indian tribe that elects to participate in 
                facilitating energy production on its lands; and
                    ``(G) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of geothermal, solar, wind, or other 
                renewable energy sources on lands defined as `available 
                lands' by section 203 of the Hawaiian Homes Commission 
                Act, 1920, and any other lands deemed by the Territory 
                or State of Hawaii, as the case may be, to be included 
                within that definition.
            ``(4) The Secretary shall consult with the Administrator of 
        the Energy Information Administration regarding the methodology 
        used to arrive at its estimates for purposes of this section.
            ``(5) The Secretary has the authority to expand the energy 
        development plan to include other energy production technology 
        sources or advancements in energy on Federal lands.
    ``(b) Tribal Objectives.--It is the sense of Congress that 
federally recognized Indian tribes may elect to set their own 
production objectives as part of the Strategy under this section. The 
Secretary shall work in cooperation with any federally recognized 
Indian tribe that elects to participate in achieving its own strategic 
energy objectives designated under this subsection.
    ``(c) Execution of the Strategy.--The relevant Secretary shall have 
all necessary authority to make determinations regarding which 
additional lands will be made available in order to meet the production 
objectives established by strategies under this section. The Secretary 
shall also take all necessary actions to achieve these production 
objectives unless the President determines that it is not in the 
national security and economic interests of the United States to 
increase Federal domestic energy production and to further decrease 
dependence upon foreign sources of energy. In administering this 
section, the relevant Secretary shall only consider leasing Federal 
lands available for leasing at the time the lease sale occurs.
    ``(d) State, Federally Recognized Indian Tribes, Local Government, 
and Public Input.--In developing each strategy, the Secretary shall 
solicit the input of affected States, federally recognized Indian 
tribes, local governments, and the public.
    ``(e) Reporting.--The Secretary shall report annually to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate on the progress 
of meeting the production goals set forth in the strategy. The 
Secretary shall identify in the report projections for production and 
capacity installations and any problems with leasing, permitting, 
siting, or production that will prevent meeting the goal. In addition, 
the Secretary shall make suggestions to help meet any shortfalls in 
meeting the production goals.
    ``(f) Programmatic Environmental Impact Statement.--Not later than 
12 months after the date of enactment of this section, in accordance 
with section 102(2)(C) of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic 
environmental impact statement. This programmatic environmental impact 
statement will be deemed sufficient to comply with all requirements 
under that Act for all necessary resource management and land use plans 
associated with the implementation of the strategy.
    ``(g) Congressional Review.--At least 60 days prior to publishing a 
proposed strategy under this section, the Secretary shall submit it to 
the President and the Congress, together with any comments received 
from States, federally recognized Indian tribes, and local governments. 
Such submission shall indicate why any specific recommendation of a 
State, federally recognized Indian tribe, or local government was not 
accepted.''.
    (b) First Quadrennial Strategy.--Not later than 18 months after the 
date of enactment of this Act, the Secretary of the Interior shall 
submit to Congress the first Quadrennial Federal Onshore Energy 
Production Strategy under the amendment made by subsection (a).

SEC. 303. DEFINITIONS.

    For purposes of this title, the term ``strategic and critical 
energy minerals'' means those that are necessary for the Nation's 
energy infrastructure including pipelines, refining capacity, 
electrical power generation and transmission, and renewable energy 
production and those that are necessary to support domestic 
manufacturing, including but not limited to, materials used in energy 
generation, production, and transportation.

            TITLE IV--ONSHORE OIL AND GAS LEASING CERTAINTY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Providing Leasing Certainty for 
American Energy Act of 2012''.

SEC. 402. 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. 15492), 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. 403. 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. 404. 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. 405. REDUCE REDUNDANT POLICIES.

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

                 TITLE V--STREAMLINED ENERGY PERMITTING

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Streamlining Permitting of 
American Energy Act of 2012''.

      Subtitle A--Application for Permits to Drill Process Reform

SEC. 511. 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 or Endangered Species Act of 1973 
                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. 512. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.

    Notwithstanding any other provision of law, each fiscal year, of 
fees collected 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)), 50 percent shall 
be retained by the Secretary of the Interior to be used, subject to 
appropriation, by the Bureau of Land Management to process permits, 
right-of-way applications, and other activities necessary for renewable 
development, and, at the discretion of the Secretary, by the U.S. Fish 
and Wildlife Service or other Federal agencies involved in wind and 
solar permitting reviews to facilitate the processing of wind energy 
and solar energy permit applications on Bureau of Land Management 
lands.

        Subtitle B--Administrative Protest Documentation Reform

SEC. 521. 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. 531. 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 511, 512, 
and 521.
    (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'' means oil, natural gas and renewable energy projects.

SEC. 532. 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.

SEC. 533. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.

    (a) Congressional Intent.--It is the intent of Congress that--
            (1) this title 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; and
            (2) Congress will monitor the deployment of personnel and 
        material onshore under this title to encourage the development 
        of American technology and manufacturing to enable United 
        States workers to benefit from this title through good jobs and 
        careers, as well as the establishment of important industrial 
        facilities to support expanded access to American energy 
        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 title.

                      Subtitle D--Judicial Review

SEC. 541. DEFINITIONS.

    In this title--
            (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. 542. 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. 543. 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. 544. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

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

SEC. 545. 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. 546. 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. 547. 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. 548. 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.

 TITLE VI--EXPEDITIOUS PROGRAM OF OIL AND GAS LEASING IN THE NATIONAL 
                      PETROLEUM RESERVE IN ALASKA

SEC. 601. SHORT TITLE.

    This title may be cited as the ``National Petroleum Reserve Alaska 
Access Act''.

SEC. 602. 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. 603. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.

    Section 107(a) of the Naval Petroleum Reserves Production Act of 
1976 (42 U.S.C. 6506a(a)) is amended to read as follows:
    ``(a) In General.--The Secretary shall conduct an expeditious 
program of competitive leasing of oil and gas in the reserve in 
accordance with this Act. Such program shall include at least one lease 
sale annually in those areas of the reserve most likely to produce 
commercial quantities of oil and natural gas each year in the period 
2011 through 2021.''.

SEC. 604. 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 the Secretary of 
Transportation, shall facilitate and ensure permits, in an 
environmentally responsible manner, for all surface development 
activities, including for the construction of pipelines and roads, 
necessary to--
            (1) develop and bring into production any areas within the 
        National Petroleum Reserve in Alaska that are subject to oil 
        and gas leases; and
            (2) transport oil and gas from and through the National 
        Petroleum Reserve in Alaska to existing transportation or 
        processing infrastructure on the North Slope of Alaska.
    (b) Timeline.--The Secretary shall ensure that any Federal 
permitting agency shall issue permits in accordance with the following 
timeline:
            (1) Permits for such construction for transportation of oil 
        and natural gas produced under existing Federal oil and gas 
        leases with respect to which the Secretary has issued a permit 
        to drill shall be approved within 60 days after the date of 
        enactment of this Act.
            (2) Permits for such construction for transportation of oil 
        and natural gas produced under Federal oil and gas leases shall 
        be approved within 6 months after the submission to the 
        Secretary of a request for a permit to drill.
    (c) Plan.--To ensure timely future development of the Reserve, 
within 270 days after the date of the enactment of this Act, the 
Secretary of the Interior shall submit to Congress a plan for approved 
rights-of-way for a plan for pipeline, road, and any other surface 
infrastructure that may be necessary infrastructure that will ensure 
that all leasable tracts in the Reserve are within 25 miles of an 
approved road and pipeline right-of-way that can serve future 
development of the Reserve.

SEC. 605. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.

    (a) In General.--The Secretary of the Interior shall issue 
regulations within 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 in Alaska.
    (b) Deadlines.--At a minimum, the regulations shall--
            (1) require the Department to respond within 5 business 
        days acknowledging receipt of any permit application for such 
        development; and
            (2) establish a timeline for the processing of each such 
        application, that--
                    (A) specifies deadlines for decisions and actions 
                on permit applications; and
                    (B) provide that the period for issuing each permit 
                after submission of such an application shall not 
                exceed 60 days without the concurrence of the 
                applicant.
    (c) Actions Required for Failure To Comply With Deadlines.--If the 
Department fails to comply with any deadline under subsection (b) with 
respect to a permit application, the Secretary shall notify the 
applicant every 5 days with specific information regarding the reasons 
for the permit delay, the name of the specific Department office or 
offices responsible for issuing the permit and for monitoring the 
permit delay, and an estimate of the time that the permit will be 
issued.
    (d) Additional Infrastructure.--Within 180 days after the date of 
enactment of this Act, the Secretary of the Interior shall approve, 
after consultation with the State of Alaska and public comment, right-
of-way corridors for the construction of 2 separate additional bridges 
and pipeline rights-of-way to help facilitate timely oil and gas 
development of the Reserve.

SEC. 606. UPDATED RESOURCE ASSESSMENT.

    (a) In General.--The Secretary of the Interior shall complete a 
comprehensive assessment of all technically recoverable fossil fuel 
resources within the National Petroleum Reserve in Alaska, including 
all conventional and unconventional oil and natural gas.
    (b) Cooperation and Consultation.--The resource assessment required 
by subsection (a) shall be carried out by the United States Geological 
Survey in cooperation and consultation with the State of Alaska and the 
American Association of Petroleum Geologists.
    (c) Timing.--The resource assessment required by subsection (a) 
shall be completed within 24 months after the date of the enactment of 
this Act.
    (d) Funding.--The United States Geological Survey may, in carrying 
out the duties under this section, cooperatively use resources and 
funds provided by the State of Alaska.

SEC. 607. COLVILLE RIVER DESIGNATION.

    The designation by the Environmental Protection Agency of the 
Colville River Delta as an Aquatic Resource of National Importance 
shall have no force or effect.

       TITLE VII--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES

SEC. 701. SHORT TITLE.

    This title may be cited as the ``BLM Live Internet Auctions Act''.

SEC. 702. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES.

    (a) Authorization.--Section 17(b)(1) of the Mineral Leasing Act (30 
U.S.C. 226(b)(1)) is amended--
            (1) in subparagraph (A), in the third sentence, by 
        inserting ``, except as provided in subparagraph (C)'' after 
        ``by oral bidding''; and
            (2) by adding at the end the following:
    ``(C) In order to diversify and expand the Nation's onshore leasing 
program to ensure the best return to the Federal taxpayer, reduce 
fraud, and secure the leasing process, the Secretary may conduct 
onshore lease sales through Internet-based bidding methods. Each 
individual Internet-based lease sale shall conclude within 7 days.''.
    (b) Report.--Not later than 90 days after the tenth Internet-based 
lease sale conducted under the amendment made by subsection (a), the 
Secretary of the Interior shall analyze the first 10 such lease sales 
and report to Congress the findings of the analysis. The report shall 
include--
            (1) estimates on increases or decreases in such lease 
        sales, compared to sales conducted by oral bidding, in--
                    (A) the number of bidders;
                    (B) the average amount of bid;
                    (C) the highest amount bid; and
                    (D) the lowest bid;
            (2) an estimate on the total cost or savings to the 
        Department of the Interior as a result of such sales, compared 
        to sales conducted by oral bidding; and
            (3) an evaluation of the demonstrated or expected 
        effectiveness of different structures for lease sales which may 
        provide an opportunity to better maximize bidder participation, 
        ensure the highest return to the Federal taxpayers, minimize 
        opportunities for fraud or collusion, and ensure the security 
        and integrity of the leasing process.

     TITLE VIII--SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM 
                  TEMPERATURE COMMERCIAL REFRIGERATORS

SEC. 801. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM TEMPERATURE 
              COMMERCIAL REFRIGERATORS.

    Section 342(c) of the Energy Policy and Conservation Act (42 U.S.C. 
6313(c)) is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (D) and (E), respectively; and
                    (B) by inserting after subparagraph (A) the 
                following:
            ``(B) The term `(SOC-SC-M)' means a medium temperature 
        commercial refrigerator--
                    ``(i) with a self-contained condensing unit and 
                equipped with sliding or hinged doors in the back 
                intended for use by sales personnel, and with glass or 
                other transparent material in the front for displaying 
                merchandise; and
                    ``(ii) that has a height not greater than 66 inches 
                and is intended to serve as a counter for transactions 
                between sales personnel and customers.
            ``(C) The term `TDA' means the total display area 
        (ft<SUP>2</SUP> ) of the refrigerated case, as defined in Air-
        Conditioning, Heating, and Refrigeration Institute Standard 
        1200.'';
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (3) by inserting after paragraph (3) the following:
    ``(4) Each SOC-SC-M manufactured on or after the date which is 6 
months after the date of enactment of the Better Use of Refrigerator 
Regulations Act shall have a total daily energy consumption (in 
kilowatt hours per day) of not more than 0.6 x TDA + 1.0.''.

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. LIMITATION ON TRANSFER OF FUNCTIONS UNDER THE MINING LAW 
              PROGRAM OR THE SOLID MINERALS LEASING PROGRAM.

    The Secretary of the Interior may not transfer to the Office of 
Surface Mining Reclamation and Enforcement any responsibility or 
authority to perform any function performed immediately before the 
enactment of this Act under the Solid Minerals Program of the 
Department of the Interior, including--
            (1) any such function under--
                    (A) the laws popularly known as the Mining Law of 
                1872 (30 U.S.C. 22 note);
                    (B) the Act of July 31, 1947 (chapter 406; 30 
                U.S.C. 601 et seq.), popularly known as the Materials 
                Act of 1947;
                    (C) the Minerals Leasing Act (30 U.S.C. 181 et 
                seq.); or
                    (D) the Mineral Leasing Act for Acquired Lands (30 
                U.S.C. 351 et seq.);
            (2) any such function relating to management of mineral 
        development on Federal lands and acquired lands under section 
        302 of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1732); and
            (3) any function performed under the Mining Law Program.

SEC. 902. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF 
              REVENUES.

    Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006 
(title I of division C of Public Law 109-432; (43 U.S.C. 1331 note)) is 
amended by striking ``2055'' and inserting ``2022, and shall not exceed 
$750,000,000 for each of fiscal years 2023 through 2055''.

SEC. 903. LEASE SALE 220 AND OTHER LEASE SALES OFF THE COAST OF 
              VIRGINIA.

    (a) Inclusion in Leasing Programs.--The Secretary of the Interior 
shall--
            (1) upon enactment of this Act, revise the proposed Outer 
        Continental Shelf oil and gas leasing program for the 2012-2017 
        period to include in such program Lease Sale 220 off the coast 
        of Virginia; and
            (2) include the Outer Continental Shelf off the coast of 
        Virginia in the leasing program for each 5-year period after 
        the 2012-2017 period.
    (b) Conduct of Lease Sale.--As soon as practicable, but not later 
than 1 year after the date of enactment of this Act, the Secretary of 
the Interior shall carry out under section 8 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1337) Lease Sale 220.
    (c) Balancing Military and Energy Production Goals.--
            (1) Joint goals.--In recognition that the Outer Continental 
        Shelf oil and gas leasing program and the domestic energy 
        resources produced therefrom are integral to national security, 
        the Secretary of the Interior and the Secretary of Defense 
        shall work jointly in implementing this section in order to 
        ensure achievement of the following common goals:
                    (A) Preserving the ability of the Armed Forces of 
                the United States to maintain an optimum state of 
                readiness through their continued use of the Outer 
                Continental Shelf.
                    (B) Allowing effective exploration, development, 
                and production of our Nation's oil, gas, and renewable 
                energy resources.
            (2) Prohibition on conflicts with military operations.--No 
        person may engage in any exploration, development, or 
        production of oil or natural gas off the coast of Virginia that 
        would conflict with any military operation, as determined in 
        accordance with the Memorandum of Agreement between the 
        Department of Defense and the Department of the Interior on 
        Mutual Concerns on the Outer Continental Shelf signed July 20, 
        1983, and any revision or replacement for that agreement that 
        is agreed to by the Secretary of Defense and the Secretary of 
        the Interior after that date but before the date of issuance of 
        the lease under which such exploration, development, or 
        production is conducted.
            (3) National defense areas.--The United States reserves the 
        right to designate by and through the Secretary of Defense, 
        with the approval of the President, national defense areas on 
        the Outer Continental Shelf pursuant to section 12(d) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)).

              TITLE X--ADVANCING OFFSHORE WIND PRODUCTION

SEC. 1001. SHORT TITLE.

    This title may be cited at the ``Advancing Offshore Wind Production 
Act''.

SEC. 1002. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING 
              PROJECTS.

    (a) Definition of an Offshore Meteorological Site Testing and 
Monitoring Project.--In this section, the term ``offshore 
meteorological site testing and monitoring project'' means a project 
carried out on or in the waters of the Outer Continental Shelf 
administered by the Department of the Interior to test or monitor 
weather (including wind, tidal, current, and solar energy) using 
towers, buoys, or other temporary ocean infrastructure, that--
            (1) causes--
                    (A) less than 1 acre of surface or seafloor 
                disruption at the location of each meteorological tower 
                or other device; and
                    (B) not more than 5 acres of surface or seafloor 
                disruption within the proposed area affected by for the 
                project (including hazards to navigation);
            (2) is decommissioned not more than 5 years after the date 
        of commencement of the project, including--
                    (A) removal of towers, buoys, or other temporary 
                ocean infrastructure from the project site; and
                    (B) restoration of the project site to 
                approximately the original condition of the site; and
            (3) provides meteorological information obtained by the 
        project to the Secretary of the Interior.
    (b) Offshore Meteorological Project Permitting.--
            (1) In general.--The Secretary of the Interior shall by 
        regulation require that any applicant seeking to conduct an 
        offshore meteorological site testing and monitoring project on 
        the outer Continental Shelf (as that term is defined in the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) 
        must obtain a permit and right of way for the project in 
        accordance with this subsection.
            (2) Permit and right of way timeline and conditions.--
                    (A) Deadline for approval.--The Secretary shall 
                decide whether to issue a permit and right of way for 
                an offshore meteorological site testing and monitoring 
                project within 30 days after receiving an application.
                    (B) Public comment and consultation.--During the 
                period referred to in subparagraph (A), the Secretary 
                shall--
                            (i) provide an opportunity for submission 
                        of comments by the public; and
                            (ii) consult with the Secretary of Defense, 
                        the Commandant of the Coast Guard, and the 
                        heads of other Federal, State, and local 
                        agencies that would be affected by issuance of 
                        the permit and right of way.
                    (C) Denial of permit; opportunity to remedy 
                deficiencies.--If the application is denied, the 
                Secretary shall provide the applicant--
                            (i) in writing, clear and comprehensive 
                        reasons why the application was not approved 
                        and detailed information concerning any 
                        deficiencies in the application; and
                            (ii) an opportunity to remedy such 
                        deficiencies.
    (c) NEPA Exclusion.--Section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply 
with respect to an offshore meteorological site testing and monitoring 
project.
    (d) Protection of Information.--The information provided to the 
Secretary of the Interior pursuant to subsection (a)(3) shall be 
treated by the Secretary as proprietary information and protected 
against disclosure.

            Passed the House of Representatives June 21, 2012.

            Attest:

                                                                 Clerk.
112th CONGRESS

  2d Session

                               H. R. 4480

_______________________________________________________________________

                                 AN ACT

   To provide for the development of a plan to increase oil and gas 
 exploration, development, and production under oil and gas leases of 
 Federal lands under the jurisdiction of the Secretary of Agriculture, 
    the Secretary of Energy, the Secretary of the Interior, and the 
 Secretary of Defense in response to a drawdown of petroleum reserves 
                 from the Strategic Petroleum Reserve.
```