I 

113TH CONGRESS 

1ST SESSION H. R. 3033 

To enhance energy security by expanding access to domestic energy resources, 

boost employment opportunities in the energy sector, and provide consumers relief from artificial price increases. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 2, 2013 

Mr. LATTA (for himself, Mr. MCKINLEY, Mr. COFFMAN, Mr. HUELSKAMP, 

Mr. WESTMORELAND, Mr. LONG, and Mr. HUIZENGA of Michigan) introduced the following bill; which was referred to the Committee on Natural 

Resources, and in addition to the Committees on the Judiciary, Energy 

and Commerce, and Oversight and Government Reform, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To enhance energy security by expanding access to domestic 

energy resources, boost employment opportunities in the 

energy sector, and provide consumers relief from artificial price increases. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be referred to as 

5 the ‘‘Energy Security and Employment Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—EXPAND ACCESS TO AMERICA’S OIL AND GAS 

RESOURCES 

Subtitle A—Outer Continental Shelf 

Sec. 101. Repeal of moratorium under Gulf of Mexico Energy Security Act of 

2006. 

Sec. 102. National defense areas. 

Sec. 103. OCS oil and gas leasing program for 2013–2018. 

Sec. 104. Sharing of OCS receipts with States and local governments. 

Subtitle B—Arctic Coastal Plain 

Sec. 111. Definitions. 

Sec. 112. Leasing program for land within the Coastal Plain. 

Sec. 113. Lease sales. 

Sec. 114. Grant of leases by the Secretary. 

Sec. 115. Lease terms and conditions. 

Sec. 116. Expedited judicial review. 

Sec. 117. Rights-of-way and easements across the Coastal Plain. 

Sec. 118. Conveyance. 

TITLE II—REVOCATION OF ENERGY-RESTRICTING BLM LOCKUP 

Subtitle A—Expedited Shale Leasing of Federal Lands 

Sec. 201. Opening of lands to oil shale leasing. 

Subtitle B—Judicial Review Regarding Energy Projects 

Sec. 211. Definitions. 

Sec. 212. Jurisdiction over causes and claims relating to covered energy 

projects. 

Sec. 213. Time for filing complaint. 

Sec. 214. Expedition in hearing and determining the action. 

Sec. 215. Standard of review. 

Sec. 216. Limitation on injunction and prospective relief. 

Sec. 217. Limitation on Attorneys’ fees. 

Sec. 218. Legal standing. 

Subtitle C—Permitting Reform 

Sec. 221. Purposes. 

Sec. 222. Federal Coordinator. 

Sec. 223. Regional offices and Regional Permit Coordinators. 

Sec. 224. Reviews and actions of Federal agencies. 

Sec. 225. State coordination. 

Sec. 226. Savings provision. 

Sec. 227. Administrative and judicial review. 

Sec. 228. Amendments to publication process. 

Sec. 229. Definitions. 


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TITLE III—RELIEF FROM REGULATIONS AND PROHIBITIONS 

THAT CAUSE ARTIFICIAL PRICE INCREASES 

Subtitle A—Relief From EPA Climate Change Regulations and Federal 

Prohibitions on Synthetic Fuels 

Sec. 301. Repeal of EPA climate change regulation. 

Sec. 302. Repeal of Federal ban on synthetic fuels purchasing requirement. 

Sec. 303. Elimination of boutique fuels. 

Subtitle B—Refinery Reform 

Sec. 311. Refinery permitting process. 

Sec. 312. Existing refinery permit application deadline. 

1 TITLE I—EXPAND ACCESS TO 

2 AMERICA’S OIL AND GAS RE3 SOURCES 

4 Subtitle A—Outer Continental 

5 Shelf 

6 SEC. 101. REPEAL OF MORATORIUM UNDER GULF OF MEX7 ICO ENERGY SECURITY ACT OF 2006. 

8 Section 104 of the Gulf of Mexico Energy Security 

9 Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) 

10 is repealed. 

11 SEC. 102. NATIONAL DEFENSE AREAS. 

12 This title shall not affect the authority of the Sec13 retary of Defense, with the approval of the President, to 

14 designate national defense areas on the outer Continental 

15 Shelf pursuant to section 12(d) of the Outer Continental 

16 Shelf Lands Act (43 U.S.C. 1341(d)). 


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1 SEC. 103. OCS OIL AND GAS LEASING PROGRAM FOR 2013– 

2 2018. 

3 (a) IN GENERAL.—The Draft Proposed Outer Conti4 nental Shelf Oil and Gas Leasing Program 2010–2015 

5 issued by the Secretary of the Interior under section 18 

6 of the Outer Continental Shelf Lands Act (43 U.S.C. 

7 1344) shall be considered to be the final oil and gas leas8 ing program under that section for the period of fiscal 

9 years 2013 through 2018. 

10 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

11 The Secretary is considered to have issued a final environ12 mental impact statement for the program referred to in 

13 subsection (a) in accordance with all requirements of sec14 tion 102(2)(C) of the National Environmental Policy Act 

15 of 1969 (42 U.S.C. 4332(2)(C)). 

16 (c) TERMINATION OF EXISTING PROGRAM.—The 

17 Five Year Outer Continental Shelf Oil and Gas Leasing 

18 Program for 2012–2017 shall have no force or effect. 

19 SEC. 104. SHARING OF OCS RECEIPTS WITH STATES AND 

20 LOCAL GOVERNMENTS. 

21 Section 9 of the Outer Continental Shelf Lands Act 

22 (43 U.S.C. 1338) is amended as follows: 

23 (1) By designating the existing text as a sub24 section (a). 


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1 (2) In subsection (a) (as so designated) by in2 serting ‘‘, if not paid as otherwise provided in this 

3 title’’ after ‘‘receipts’’. 

4 (3) By adding at the end the following: 

5 ‘‘(b) TREATMENT OF OCS RECEIPTS.— 

6 ‘‘(1) DEPOSIT.—The Secretary shall deposit 

7 into a separate account in the Treasury the portion 

8 of OCS Receipts for each fiscal year that will be 

9 shared under paragraph (2). 

10 ‘‘(2) IMMEDIATE RECEIPTS SHARING.—Begin11 ning October 1, 2013, the Secretary shall pay under 

12 subsection (c) 50 percent of OCS Receipts received 

13 by the United States under all leases under this Act, 

14 except that the Secretary shall only pay 25 percent 

15 of such OCS Receipts received under all such leases 

16 within a State’s Adjacent Zone if leasing is not al17 lowed within at least 25 percent of the portion of 

18 that State’s Adjacent Zone located completely within 

19 75 miles of any coastline. 

20 ‘‘(3) ALLOCATIONS.—The Secretary shall allo21 cate the OCS Receipts deposited into the separate 

22 account established by paragraph (1) that are paid 

23 under paragraph (2) as follows: 

24 ‘‘(A) BONUS BIDS.—Deposits of bonus 

25 bids from a leased tract, including interest 


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1 thereon, shall be allocated at the end of each 

2 fiscal year to the Adjacent State. 

3 ‘‘(B) ROYALTIES.—Deposits of royalties 

4 and net profit shares from a leased tract, in5 cluding interest thereon, shall be allocated at 

6 the end of each fiscal year as follows: 

7 ‘‘(i) 50 percent to the Adjacent State. 

8 ‘‘(ii) 50 percent, in equal amounts, to 

9 all States, including the Adjacent State, 

10 that— 

11 ‘‘(I) have a coastline point within 

12 300 miles of the center of the leased 

13 tract; and 

14 ‘‘(II) allow leasing within at least 

15 25 percent of the portion of each 

16 State’s Adjacent Zone that is within 

17 75 miles of the coastline. 

18 ‘‘(C) LIMITATION IF NOT ADMITTED TO

19 THE UNION AS A STATE.—Any territory of the 

20 United States shall only be entitled to one-half 

21 of a State share under this paragraph. 

22 ‘‘(c) PAYMENT OF ALLOCATIONS.— 

23 ‘‘(1) IN GENERAL.—Not later than 90 days 

24 after the end of each fiscal year, the Secretary shall 

25 pay— 


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1 ‘‘(A) to each State 60 percent of such 

2 State’s allocations under subsection b)(3) for 

3 the preceding fiscal year, together with all ac4 crued interest thereon; and 

5 ‘‘(B) to the coastal county-equivalents and 

6 municipal political subdivisions of such State a 

7 total of 40 percent of such State’s allocations 

8 under subsection (b)(3) for the preceding fiscal 

9 year, together with all accrued interest thereon, 

10 allocated among such county equivalents and 

11 subdivision in accordance with paragraph (2). 

12 ‘‘(2) ALLOCATIONS TO COASTAL COUNTY13 EQUIVALENT POLITICAL SUBDIVISIONS.—The Sec14 retary shall make an initial allocation of the OCS 

15 Receipts to be paid with respect to a State under 

16 paragraph (1)(B) for a fiscal year as follows: 

17 ‘‘(A) 25 percent shall be allocated among 

18 coastal county-equivalent political subdivisions 

19 of the State that each— 

20 ‘‘(i) are completely more than 25 

21 miles landward of the coastline of the 

22 State; and 

23 ‘‘(ii) have a part of which that lies not 

24 more than 75 miles landward from the 

25 coastline, 


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1 based on the population of such subdivisions. 

2 ‘‘(B) 75 percent shall be allocated among 

3 coastal county-equivalent political subdivisions 

4 of the State that each are completely or par5 tially less than 25 miles landward of the coast6 line, of which— 

7 ‘‘(i) 25 percent shall be allocated 

8 based on the ratio of each such subdivi9 sion’s population to the coastal population 

10 of all such subdivisions; 

11 ‘‘(ii) 25 percent shall be allocated 

12 based on the ratio of the coastline miles of 

13 each such subdivision’s to the coastline 

14 miles of all such subdivisions of the State, 

15 as calculated by the Secretary with each 

16 such subdivisions without a coastline con17 sidered to have 50 percent of the average 

18 coastline miles of such subdivisions that do 

19 have coastlines; and 

20 ‘‘(iii) 50 percent shall be allocated 

21 equally to all such subdivisions having a 

22 coastline point within 300 miles of the cen23 ter of the leased tract with respect to 

24 which OCS Receipts are paid. 


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1 ‘‘(3) ALLOCATIONS TO COASTAL MUNICIPAL PO2 LITICAL SUBDIVISIONS.—The initial allocation to 

3 each coastal county-equivalent political subdivision 

4 under paragraph (2) shall be further allocated to the 

5 coastal county-equivalent political subdivision and 

6 any coastal municipal political subdivisions located 

7 partially or wholly within the boundaries of the 

8 coastal county-equivalent political subdivision, as fol9 lows: 

10 ‘‘(A) One-third shall be allocated to the 

11 coastal county-equivalent political subdivision. 

12 ‘‘(B) Two-thirds shall be allocated on a per 

13 capita basis to the municipal political subdivi14 sions and the county-equivalent political sub15 division, with the allocation to the latter based 

16 upon its population not included within the 

17 boundaries of a municipal political subdivision. 

18 ‘‘(d) INVESTMENT OF DEPOSITS.—Amounts depos19 ited under this section shall be invested by the Secretary 

20 of the Treasury in securities backed by the full faith and 

21 credit of the United States having maturities suitable to 

22 the needs of the account in which they are deposited and 

23 yielding the highest reasonably available interest rates as 

24 determined by the Secretary of the Treasury. 


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1 ‘‘(e) USE OF FUNDS.—A recipient of funds under 

2 this section may use the funds for one or more of the fol3 lowing: 

4 ‘‘(1) To reduce in-State college tuition at public 

5 institutions of higher learning and otherwise support 

6 public education, including career technical edu7 cation. 

8 ‘‘(2) To make transportation infrastructure im9 provements. 

10 ‘‘(3) To reduce taxes. 

11 ‘‘(4) To promote, fund, and provide for— 

12 ‘‘(A) coastal or environmental restoration; 

13 ‘‘(B) fish, wildlife, and marine life habitat 

14 enhancement; 

15 ‘‘(C) waterways construction and mainte16 nance; 

17 ‘‘(D) levee construction and maintenance 

18 and shore protection; and 

19 ‘‘(E) marine and oceanographic education 

20 and research. 

21 ‘‘(5) To promote, fund, and provide for— 

22 ‘‘(A) infrastructure associated with energy 

23 production activities conducted on the outer 

24 Continental Shelf; 

25 ‘‘(B) energy demonstration projects; 


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1 ‘‘(C) supporting infrastructure for shore2 based energy projects; 

3 ‘‘(D) State geologic programs, including 

4 geologic mapping and data storage programs, 

5 and State geophysical data acquisition; 

6 ‘‘(E) State seismic monitoring programs, 

7 including operation of monitoring stations; 

8 ‘‘(F) development of oil and gas resources 

9 through enhanced recovery techniques; 

10 ‘‘(G) alternative energy development, in11 cluding bio fuels, coal-to-liquids, oil shale, tar 

12 sands, geothermal, geopressure, wind, waves, 

13 currents, hydro, and other renewable energy; 

14 ‘‘(H) energy efficiency and conservation 

15 programs; and 

16 ‘‘(I) front-end engineering and design for 

17 facilities that produce liquid fuels from hydro18 carbons and other biological matter. 

19 ‘‘(6) To promote, fund, and provide for— 

20 ‘‘(A) historic preservation programs and 

21 projects; 

22 ‘‘(B) natural disaster planning and re23 sponse; and 

24 ‘‘(C) hurricane and natural disaster insur25 ance programs. 


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1 ‘‘(f) NO ACCOUNTING REQUIRED.—No recipient of 

2 funds under this section shall be required to account to 

3 the Federal Government for the expenditure of such 

4 funds, except as otherwise may be required by law. How5 ever, States may enact legislation providing for accounting 

6 for and auditing of such expenditures. Funds allocated 

7 under this section to States and political subdivisions may 

8 be used as matching funds for other Federal programs. 

9 ‘‘(g) EFFECT OF FUTURE LAWS.—Enactment after 

10 the date of the enactment of the Energy Security and Em11 ployment Act of any Federal statute that has the effect, 

12 as determined by the Secretary, of restricting any Federal 

13 agency from spending appropriated funds, or otherwise 

14 preventing it from fulfilling its preexisting responsibilities 

15 as of the date of enactment of the statute (unless such 

16 responsibilities have been reassigned to another Federal 

17 agency by the statute with no prevention of performance) 

18 to issue any permit or other approval impacting on the 

19 OCS oil and gas leasing program, or any lease issued 

20 thereunder, or to implement any provision of this Act shall 

21 automatically prohibit any payment of OCS Receipts 

22 under this section directly to States, and their coastal po23 litical subdivisions, for the duration of the restriction. The 

24 Secretary shall make the determination of the existence 


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1 of such restricting effects within 30 days of a petition by 

2 any outer Continental Shelf lessee or producing State. 

3 ‘‘(h) DEFINITIONS.—In this section: 

4 ‘‘(1) ADJACENT STATE.—The term ‘Adjacent 

5 State’ means, with respect to any program, plan, 

6 lease sale, leased tract or other activity, proposed, 

7 conducted, or approved pursuant to the provisions of 

8 this Act, any State the laws of which are declared 

9 to be the law of the United States for the portion 

10 of the outer Continental Shelf on which such pro11 gram, plan, lease sale, leased tract, or activity apper12 tains or is, or is proposed to be, conducted. 

13 ‘‘(2) ADJACENT ZONE AND STATE ADJACENT

14 ZONE.—Each of the terms ‘Adjacent Zone’ and 

15 ‘State Adjacent Zone’ means, with respect to any 

16 program, plan, lease sale, leased tract, or other ac17 tivity, proposed, conducted, or approved under this 

18 Act, the portion of the outer Continental Shelf for 

19 which the laws of a particular Adjacent State are de20 clared to be the law of the United States. 

21 ‘‘(3) BONUS BIDS.—The term ‘bonus bid’ 

22 means all funds received by the Secretary to issue 

23 an outer Continental Shelf mineral lease. 

24 ‘‘(4) COASTAL COUNTY-EQUIVALENT POLITICAL

25 SUBDIVISION.—The term ‘coastal county-equivalent 


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1 political subdivision’ means a political jurisdiction 

2 immediately below the level of State government, in3 cluding a county, parish, borough in Alaska, inde4 pendent municipality that is not part of a county, 

5 parish, or borough in Alaska, or other equivalent 

6 subdivision of a coastal State, that lies within the 

7 coastal zone. 

8 ‘‘(5) COASTAL MUNICIPAL POLITICAL SUBDIVI9 SION.—The term ‘coastal municipal political subdivi10 sion’ means a municipality located within and part 

11 of a county, parish, borough in Alaska, or other 

12 equivalent subdivision of a State, all or part of which 

13 coastal municipal political subdivision lies within the 

14 coastal zone. 

15 ‘‘(6) COASTAL POPULATION.—The term ‘coastal 

16 population’ means the population of all coastal coun17 ty-equivalent political subdivisions, as determined by 

18 the most recent official data of the Census Bureau. 

19 ‘‘(7) COASTAL ZONE.—The term ‘coastal zone’ 

20 means that portion of a coastal State, including the 

21 entire territory of any coastal county-equivalent po22 litical subdivision at least a part of which lies, within 

23 75 miles landward from the coastline, or a greater 

24 distance as determined by State law enacted to im25 plement this section. 


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1 ‘‘(8) OCS RECEIPTS.—The term ‘OCS Receipts’ 

2 means bonus bids and royalties, excluding royalties 

3 from leases amended under the authority of section 

4 8(s) of this Act. 

5 ‘‘(9) PRODUCING STATE.—The term ‘producing 

6 State’ means an Adjacent State having an Adjacent 

7 Zone containing a leased tract from which OCS Re8 ceipts are derived. 

9 ‘‘(10) ROYALTY.—The term ‘royalty’ means all 

10 funds received by the United States from production 

11 of oil or natural gas, or the sale of production taken 

12 in-kind, or from net profit shares, from an outer 

13 Continental Shelf mineral lease.’’. 

14 Subtitle B—Arctic Coastal Plain 

15 SEC. 111. DEFINITIONS. 

16 In this subtitle: 

17 (1) COASTAL PLAIN.—The term ‘‘Coastal 

18 Plain’’ means that area identified as the ‘‘1002 

19 Coastal Plain Area’’ on the map. 

20 (2) FEDERAL AGREEMENT.—The term ‘‘Fed21 eral Agreement’’ means the Federal Agreement and 

22 Grant Right-of-Way for the Trans-Alaska Pipeline 

23 issued on January 23, 1974, in accordance with sec24 tion 28 of the Mineral Leasing Act (30 U.S.C. 185) 


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1 and the Trans-Alaska Pipeline Authorization Act 

2 (43 U.S.C. 1651 et seq.). 

3 (3) FINAL STATEMENT.—The term ‘‘Final 

4 Statement’’ means the final legislative environmental 

5 impact statement on the Coastal Plain, dated April 

6 1987, and prepared pursuant to section 1002 of the 

7 Alaska National Interest Lands Conservation Act 

8 (16 U.S.C. 3142) and section 102(2)(C) of the Na9 tional Environmental Policy Act of 1969 (42 U.S.C. 

10 4332(2)(C)). 

11 (4) MAP.—The term ‘‘map’’ means the map en12 titled ‘‘Arctic National Wildlife Refuge’’, dated Sep13 tember 2005, and prepared by the United States Ge14 ological Survey. 

15 (5) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior (or the designee of the 

17 Secretary), acting through the Director of the Bu18 reau of Land Management, in consultation with the 

19 Director of the United States Fish and Wildlife 

20 Service. 

21 SEC. 112. LEASING PROGRAM FOR LAND WITHIN THE 

22 COASTAL PLAIN. 

23 (a) IN GENERAL.—The Secretary shall take such ac24 tions as are necessary— 


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1 (1) to establish and implement, in accordance 

2 with this subtitle, a competitive oil and gas leasing 

3 program that will result in an environmentally sound 

4 program for the exploration, development, and pro5 duction of the oil and gas resources of the Coastal 

6 Plain; and 

7 (2) to administer this subtitle through regula8 tions, lease terms, conditions, restrictions, prohibi9 tions, stipulations, and other provisions that require 

10 the application of the best commercially available 

11 technology for oil and gas exploration, development, 

12 and production to all exploration, development, and 

13 production operations under this subtitle in a man14 ner that ensures the receipt of fair market value by 

15 the public for the mineral resources to be leased. 

16 (b) REPEAL.— 

17 (1) REPEAL.—Section 1003 of the Alaska Na18 tional Interest Lands Conservation Act of 1980 (16 

19 U.S.C. 3143) is repealed. 

20 (2) CONFORMING AMENDMENT.—The table of 

21 contents contained in section 1 of that Act (16 

22 U.S.C. 3101 note) is amended by striking the item 

23 relating to section 1003. 

24 (c) COMPLIANCE WITH REQUIREMENTS FROM CER25 TAIN OTHER LAWS.— 


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1 (1) ADEQUACY OF THE DEPARTMENT OF THE

2 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

3 STATEMENT.—The ‘‘Final Legislative Environ4 mental Impact Statement’’ (April 1987) on the 

5 Coastal Plain prepared pursuant to section 1002 of 

6 the Alaska National Interest Lands Conservation 

7 Act (16 U.S.C. 3142) and section 102(2)(C) of the 

8 National Environmental Policy Act of 1969 (42 

9 U.S.C. 4332(2)(C)) is deemed to satisfy the require10 ments under the National Environmental Policy Act 

11 of 1969 that apply with respect to prelease activities 

12 under this subtitle, including actions authorized to 

13 be taken by the Secretary to develop and promulgate 

14 the regulations for the establishment of a leasing 

15 program authorized by this subtitle before the con16 duct of the first lease sale. 

17 (2) COMPLIANCE WITH NEPA FOR OTHER AC18 TIONS.— 

19 (A) IN GENERAL.—Before conducting the 

20 first lease sale under this subtitle, the Secretary 

21 shall prepare an environmental impact state22 ment in accordance with the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et 

24 seq.) with respect to the actions authorized by 


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1 this subtitle that are not referred to in para2 graph (1). 

3 (B) IDENTIFICATION AND ANALYSIS.— 

4 Notwithstanding any other provision of law, in 

5 carrying out this paragraph, the Secretary shall 

6 not be required— 

7 (i) to identify nonleasing alternative 

8 courses of action; or 

9 (ii) to analyze the environmental ef10 fects of those courses of action. 

11 (C) IDENTIFICATION OF PREFERRED AC12 TION.—Not later than 18 months after the date 

13 of enactment of this Act, the Secretary shall— 

14 (i) identify only a preferred action and 

15 a single leasing alternative for the first 

16 lease sale authorized under this subtitle; 

17 and 

18 (ii) analyze the environmental effects 

19 and potential mitigation measures for 

20 those 2 alternatives. 

21 (D) PUBLIC COMMENTS.—In carrying out 

22 this paragraph, the Secretary shall consider 

23 only public comments that are filed not later 

24 than 20 days after the date of publication of a 

25 draft environmental impact statement. 


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1 (E) EFFECT OF COMPLIANCE.—Notwith2 standing any other provision of law, compliance 

3 with this paragraph shall be considered to sat4 isfy all requirements for the analysis and con5 sideration of the environmental effects of pro6 posed leasing under this subtitle. 

7 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR8 ITY.—Nothing in this subtitle expands or limits any State 

9 or local regulatory authority. 

10 (e) SPECIAL AREAS.— 

11 (1) DESIGNATION.— 

12 (A) IN GENERAL.—The Secretary, after 

13 consultation with the State of Alaska, the 

14 North Slope Borough, Alaska, and the City of 

15 Kaktovik, Alaska, may designate not more than 

16 45,000 acres of the Coastal Plain as a special 

17 area if the Secretary determines that the special 

18 area would be of such unique character and in19 terest as to require special management and 

20 regulatory protection. 

21 (B) SADLEROCHIT SPRING AREA.—The 

22 Secretary shall designate as a special area in 

23 accordance with subparagraph (A) the 

24 Sadlerochit Spring area, comprising approxi25 mately 4,000 acres as depicted on the map. 


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1 (2) MANAGEMENT.—The Secretary shall man2 age each special area designated under this sub3 section in a manner that preserves the unique and 

4 diverse character of the area, including fish, wildlife, 

5 subsistence resources, and cultural values of the 

6 area. 

7 (3) EXCLUSION FROM LEASING OR SURFACE

8 OCCUPANCY.— 

9 (A) IN GENERAL.—The Secretary may ex10 clude any special area designated under this 

11 subsection from leasing. 

12 (B) NO SURFACE OCCUPANCY.—If the Sec13 retary leases all or a portion of a special area 

14 for the purposes of oil and gas exploration, de15 velopment, production, and related activities, 

16 there shall be no surface occupancy of the land 

17 comprising the special area. 

18 (4) DIRECTIONAL DRILLING.—Notwithstanding 

19 any other provision of this subsection, the Secretary 

20 may lease all or a portion of a special area under 

21 terms that permit the use of horizontal drilling tech22 nology from sites on lease tracts located outside the 

23 special area. 

24 (f) LIMITATION ON CLOSED AREAS.—The Secretary 

25 may not close land within the Coastal Plain to oil and gas 


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1 leasing or to exploration, development, or production ex2 cept in accordance with this subtitle. 

3 (g) REGULATIONS.— 

4 (1) IN GENERAL.—Not later than 15 months 

5 after the date of enactment of this Act, the Sec6 retary shall promulgate such regulations as are nec7 essary to carry out this subtitle, including rules and 

8 regulations relating to protection of the fish and 

9 wildlife, fish and wildlife habitat, subsistence re10 sources, and environment of the Coastal Plain. 

11 (2) REVISION OF REGULATIONS.—The Sec12 retary shall periodically review and, as appropriate, 

13 revise the rules and regulations issued under para14 graph (1) to reflect any significant biological, envi15 ronmental, scientific or engineering data that come 

16 to the attention of the Secretary. 

17 SEC. 113. LEASE SALES. 

18 (a) IN GENERAL.—Land may be leased pursuant to 

19 this subtitle to any person qualified to obtain a lease for 

20 deposits of oil and gas under the Mineral Leasing Act (30 

21 U.S.C. 181 et seq.). 

22 (b) PROCEDURES.—The Secretary shall, by regula23 tion, establish procedures for— 

24 (1) receipt and consideration of sealed nomina25 tions for any area in the Coastal Plain for inclusion 


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1 in, or exclusion (as provided in subsection (c)) from, 

2 a lease sale; 

3 (2) the holding of lease sales after that nomina4 tion process; and 

5 (3) public notice of and comment on designa6 tion of areas to be included in, or excluded from, a 

7 lease sale. 

8 (c) LEASE SALE BIDS.—Lease sales under this sub9 title may be conducted through an Internet leasing pro10 gram, if the Secretary determines that such a system will 

11 result in savings to the taxpayer, an increase in the num12 ber of bidders participating, and higher returns than oral 

13 bidding or a sealed bidding system. 

14 (d) ACREAGE MINIMUM IN FIRST SALE.—For the 

15 first lease sale under this subtitle, the Secretary shall offer 

16 for lease those tracts the Secretary considers to have the 

17 greatest potential for the discovery of hydrocarbons, tak18 ing into consideration nominations received pursuant to 

19 subsection (b)(1), but in no case less than 200,000 acres. 

20 (e) TIMING OF LEASE SALES.—The Secretary 

21 shall— 

22 (1) not later than 22 months after the date of 

23 enactment of this Act, conduct the first lease sale 

24 under this subtitle; 


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1 (2) not later than 90 days after the date of the 

2 completion of such sale, evaluate the bids in the sale 

3 and issue leases resulting from the sale; and 

4 (3) conduct additional lease sales under this 

5 subtitle at appropriate intervals if sufficient interest 

6 in exploration or development exists to warrant the 

7 conduct of the additional sales. 

8 SEC. 114. GRANT OF LEASES BY THE SECRETARY. 

9 (a) IN GENERAL.—On payment by a lessee of such 

10 bonus as may be accepted by the Secretary, the Secretary 

11 may grant to the highest responsible qualified bidder in 

12 a lease sale conducted pursuant to section 113 a lease for 

13 any land on the Coastal Plain. 

14 (b) SUBSEQUENT TRANSFERS.— 

15 (1) IN GENERAL.—No lease issued under this 

16 subtitle may be sold, exchanged, assigned, sublet, or 

17 otherwise transferred except with the approval of the 

18 Secretary. 

19 (2) CONDITION FOR APPROVAL.—Before grant20 ing any approval described in paragraph (1), the 

21 Secretary shall consult with and give due consider22 ation to the opinion of the Attorney General. 

23 SEC. 115. LEASE TERMS AND CONDITIONS. 

24 An oil or gas lease issued pursuant to this subtitle 

25 shall— 


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1 (1) provide for the payment of a royalty of not 

less than 121 2 ⁄2 percent of the amount or value of the 

3 production removed or sold under the lease, as de4 termined by the Secretary in accordance with regula5 tions applicable to other Federal oil and gas leases; 

6 (2) require that each lessee of land within the 

7 Coastal Plain shall be fully responsible and liable for 

8 the reclamation of land within the Coastal Plain and 

9 any other Federal land that is adversely affected in 

10 connection with exploration, development, produc11 tion, or transportation activities within the Coastal 

12 Plain conducted by the lessee or by any of the sub13 contractors or agents of the lessee; 

14 (3) provide that the lessee may not delegate or 

15 convey, by contract or otherwise, that reclamation 

16 responsibility and liability to another person without 

17 the express written approval of the Secretary; 

18 (4) provide that the standard of reclamation for 

19 land required to be reclaimed under this subtitle 

20 shall be, to the maximum extent practicable— 

21 (A) a condition capable of supporting the 

22 uses that the land was capable of supporting 

23 prior to any exploration, development, or pro24 duction activities; or 


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1 (B) on application by the lessee, to a high2 er or better standard, as approved by the Sec3 retary; 

4 (5) contain terms and conditions relating to 

5 protection of fish and wildlife, fish and wildlife habi6 tat, subsistence resources, and the environment as 

7 required under section 112(g)(1); 

8 (6) provide that each lessee, and each agent 

9 and contractor of a lessee, use their best efforts to 

10 provide a fair share of employment and contracting 

11 for Alaska Natives and Alaska Native Corporations 

12 from throughout the State of Alaska, as determined 

13 by the level of obligation previously agreed to in the 

14 Federal Agreement; and 

15 (7) contain such other provisions as the Sec16 retary determines to be necessary to ensure compli17 ance with this subtitle and the regulations promul18 gated under this subtitle. 

19 SEC. 116. EXPEDITED JUDICIAL REVIEW. 

20 (a) FILING OF COMPLAINTS.— 

21 (1) DEADLINE.—A complaint seeking judicial 

22 review of a provision of this subtitle or an action of 

23 the Secretary under this subtitle shall be filed— 

24 (A) except as provided in subparagraph 

25 (B), during the 90-day period beginning on the 


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1 date on which the action being challenged was 

2 carried out; or 

3 (B) in the case of a complaint based solely 

4 on grounds arising after the 90-day period de5 scribed in subparagraph (A), by not later than 

6 90 days after the date on which the complain7 ant knew or reasonably should have known 

8 about the grounds for the complaint. 

9 (2) VENUE.—A complaint seeking judicial re10 view of a provision of this subtitle or an action of 

11 the Secretary under this subtitle shall be filed in the 

12 United States District Court for the District of Co13 lumbia. 

14 (3) SCOPE.— 

15 (A) IN GENERAL.—Judicial review of a de16 cision of the Secretary relating to a lease sale 

17 under this subtitle (including an environmental 

18 analysis of such a lease sale) shall be— 

19 (i) limited to a review of whether the 

20 decision is in accordance with this subtitle; 

21 and 

22 (ii) based on the administrative record 

23 of the decision. 

24 (B) PRESUMPTIONS.—Any identification 

25 by the Secretary of a preferred course of action 


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1 relating to a lease sale, and any analysis by the 

2 Secretary of environmental effects, under this 

3 subtitle shall be presumed to be correct unless 

4 proven otherwise by clear and convincing evi5 dence. 

6 (b) LIMITATION ON OTHER REVIEW.—Any action of 

7 the Secretary that is subject to judicial review under this 

8 section shall not be subject to judicial review in any civil 

9 or criminal proceeding for enforcement. 

10 (c) RELATIONSHIP TO OTHER PROVISIONS.—Subtitle 

11 B of title II shall not affect the application of this section. 

12 SEC. 117. RIGHTS-OF-WAY AND EASEMENTS ACROSS THE 

13 COASTAL PLAIN. 

14 (a) IN GENERAL.—The Secretary shall issue rights15 of-way and easements across the Coastal Plain for the 

16 transportation of oil and gas— 

17 (1) except as provided in paragraph (2), under 

18 section 28 of the Mineral Leasing Act (30 U.S.C. 

19 185), without regard to title XI of the Alaska Na20 tional Interest Lands Conservation Act (16 U.S.C. 

21 3161 et seq.); and 

22 (2) under title XI of the Alaska National Inter23 est Lands Conservation Act (16 U.S.C. 3161 et 

24 seq.), for access authorized by sections 1110 and 

25 1111 of that Act (16 U.S.C. 3170, 3171). 


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1 (b) REGULATIONS.—The Secretary shall include in 

2 regulations under section 112(g) provisions governing the 

3 granting of rights-of-way and easements described in sub4 section (a). 

5 SEC. 118. CONVEYANCE. 

6 Notwithstanding section 1302(h)(2) of the Alaska 

7 National Interest Lands Conservation Act (16 U.S.C. 

8 3192(h)(2)), to remove any cloud on title to land, and to 

9 clarify land ownership patterns in the Coastal Plain, the 

10 Secretary shall— 

11 (1) to the extent necessary to fulfill the entitle12 ment of the Kaktovik Inupiat Corporation under sec13 tions 12 and 14 of the Alaska Native Claims Settle14 ment Act (43 U.S.C. 1611, 1613), as determined by 

15 the Secretary, convey to that Corporation the sur16 face estate of the land described in paragraph (1) of 

17 Public Land Order 6959, in accordance with the 

18 terms and conditions of the agreement between the 

19 Secretary, the United States Fish and Wildlife Serv20 ice, the Bureau of Land Management, and the 

21 Kaktovik Inupiat Corporation, dated January 22, 

22 1993; and 

23 (2) convey to the Arctic Slope Regional Cor24 poration the remaining subsurface estate to which 

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1 tween that corporation and the United States, dated 

2 August 9, 1983. 

3 TITLE II—REVOCATION OF EN4 ERGY-RESTRICTING BLM 

5 LOCKUP 

6 Subtitle A—Expedited Shale 

7 Leasing of Federal Lands 

8 SEC. 201. OPENING OF LANDS TO OIL SHALE LEASING. 

9 (a) REPEAL OF LIMITATION ON USE OF FUNDS.— 

10 Section 433 of division F of the Consolidated Appropria11 tions Act, 2008 (Public Law 110–161; 121 Stat. 2152) 

12 is repealed. 

13 (b) ISSUANCE OF REGULATIONS.—The Secretary of 

14 the Interior shall issue all regulations necessary to imple15 ment section 369 of the Energy Policy Act of 2005 (42 

16 U.S.C. 15927) with respect to oil shale by not later than 

17 60 days after the date of the enactment of this Act. Such 

18 regulations shall include such safeguards and assurances 

19 as the Secretary considers necessary to allow States to ex20 ercise their regulatory and statutory authorities under 

21 State law, consistent with otherwise applicable Federal 

22 law. 

23 (c) LEASING OF OIL SHALE RESOURCE.—Imme24 diately after issuing regulations under subsection (b), the 

25 Secretary of the Interior shall— 


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1 (1) offer for leasing for research and develop2 ment of oil shale resources under subsection (c) of 

3 section 369 of the Energy Policy Act of 2005 (42 

4 U.S.C. 15927), additional 160-acre tracts of lands 

5 the Secretary considers necessary to fulfill the re6 search and development objectives of such Act; and 

7 (2) offer for leasing for commercial exploration, 

8 development, and production of oil shale resources 

9 under subsection (e) of such section, public lands in 

10 States for which the Secretary finds sufficient sup11 port and interest as required by that subsection. 

12 Subtitle B—Judicial Review 

13 Regarding Energy Projects 

14 SEC. 211. DEFINITIONS. 

15 In this subtitle: 

16 (1) The term ‘‘covered civil action’’ means a 

17 civil action containing a claim under section 702 of 

18 title 5, United States Code, regarding agency action 

19 (as defined for the purposes of that section) affect20 ing a covered energy project on Federal lands of the 

21 United States. 

22 (2) The term ‘‘covered energy project’’ means 

23 any action or decision by the President or a Federal 

24 official regarding the leasing of Federal lands (in25 cluding submerged lands) for the exploration, develVerDate Mar 15 2010 01:56 Aug 10, 2013 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3033.IH H3033

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1 opment, production, processing, or transmission of 

2 oil, natural gas, or any other source or form of en3 ergy, including actions and decisions regarding the 

4 selection or offering of Federal lands for such leas5 ing, or any action under such a lease, except that 

6 the term does not include any disputes between the 

7 parties to a lease regarding the obligations under 

8 such lease, including regarding any alleged breach of 

9 the lease. 

10 SEC. 212. JURISDICTION OVER CAUSES AND CLAIMS RELAT11 ING TO COVERED ENERGY PROJECTS. 

12 Venue for any covered civil action shall lie in the dis13 trict court where a project or lease tract exists or is pro14 posed. 

15 SEC. 213. TIME FOR FILING COMPLAINT. 

16 All causes and claims arising from a covered energy 

17 project must be filed not later than the end of the 90- 

18 day period beginning on the date of the action or decision 

19 by a Federal official that constitutes the covered energy 

20 project concerned. Any cause or claim not filed within that 

21 time period shall be barred. 

22 SEC. 214. EXPEDITION IN HEARING AND DETERMINING THE 

23 ACTION. 

24 The court shall endeavor to hear and determine any 

25 covered civil action as expeditiously as possible. 


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1 SEC. 215. STANDARD OF REVIEW. 

2 In any judicial review of a covered civil action, admin3 istrative findings and conclusions relating to the chal4 lenged Federal action or decision shall be presumed to be 

5 correct, and the presumption may be rebutted only by 

6 clear and convincing evidence contained in the administra7 tive record. 

8 SEC. 216. LIMITATION ON INJUNCTION AND PROSPECTIVE 

9 RELIEF. 

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

11 or approve any prospective relief unless the court finds 

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

13 necessary to correct the violation of a legal requirement, 

14 and is the least intrusive means necessary to correct that 

15 violation. In addition, a court shall limit the duration of 

16 a preliminary injunction to halt a covered energy projects 

17 to no more than 60 days, unless the court finds clear rea18 sons to extend the injunction. In such case of an extension, 

19 such extension shall only be in a 30-day increment and 

20 shall require action by the court to renew the injunction. 

21 SEC. 217. LIMITATION ON ATTORNEYS’ FEES. 

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

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

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

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1 tion receive payment from the Federal Government for 

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

3 SEC. 218. LEGAL STANDING. 

4 Challengers filing appeals with the Department of the 

5 Interior Board of Land Appeals shall meet the same 

6 standing requirements as challengers before a United 

7 States district court. 

8 Subtitle C—Permitting Reform 

9 SEC. 221. PURPOSES. 

10 The purposes of this subtitle are to— 

11 (1) respond to the Nation’s increased need for 

12 domestic energy resources; 

13 (2) facilitate interagency coordination and co14 operation in the processing of permits required to 

15 support oil and gas use authorization on Federal 

16 lands, both onshore and on the Outer Continental 

17 Shelf, in order to achieve greater consistency, cer18 tainty, and timeliness in permit processing require19 ments; 

20 (3) promote process streamlining and increased 

21 interagency efficiency, including elimination of inter22 agency duplication of effort; 

23 (4) improve information sharing among agen24 cies and understanding of respective agency roles 

25 and responsibilities; 


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1 (5) promote coordination with State agencies 

2 with expertise and responsibilities related to Federal 

3 oil and gas permitting decisions; 

4 (6) promote responsible stewardship of Federal 

5 oil and gas resources; 

6 (7) maintain high standards of safety and envi7 ronmental protection; and 

8 (8) enhance the benefits to Federal permitting 

9 already occurring as a result of a coordinated and 

10 timely interagency process for oil and gas permit re11 view for certain Federal oil and gas leases. 

12 SEC. 222. FEDERAL COORDINATOR. 

13 (a) ESTABLISHMENT.—There is established, as an 

14 independent agency in the Executive Branch, the Office 

15 of the Federal Oil and Gas Permit Coordinator. 

16 (b) FEDERAL PERMIT COORDINATOR.—The Office 

17 shall be headed by a Federal Permit Coordinator, who 

18 shall be appointed by the President within 90 days after 

19 the date of enactment of this Act. 

20 (c) DUTIES.—The Federal Permit Coordinator shall 

21 be responsible for the following: 

22 (1) Coordinating the timely completion of all 

23 permitting activities by Federal agencies, and State 

24 agencies to the maximum extent practicable, with re25 spect to any oil and gas project under a Federal 


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1 lease issued pursuant to the mineral leasing laws, ei2 ther onshore or on the Outer Continental Shelf, in3 cluding (for purposes of this subtitle only) any oil 

4 shale project under a Federal oil shale lease. 

5 (2) Ensuring the compliance of Federal agen6 cies, and State agencies to the extent they partici7 pate, with this subtitle. 

8 SEC. 223. REGIONAL OFFICES AND REGIONAL PERMIT CO9 ORDINATORS. 

10 (a) REGIONAL OFFICES.—Within 90 days after the 

11 date of appointment of the Federal Permit Coordinator, 

12 the Secretary of the Interior, in consultation with the Fed13 eral Permit Coordinator, shall establish regional offices to 

14 coordinate review of Federal permits for oil and gas 

15 projects on Federal lands onshore and on the Outer Conti16 nental Shelf. 

17 (b) NUMBER AND LOCATION OF REGIONAL OF18 FICES.—The number of regional offices shall be estab19 lished by the Secretary in consultation with the Federal 

20 Permit Coordinator. The Secretary shall ensure that there 

21 is an adequate number of offices in each region proximate 

22 to available Federal oil and gas lease tracts onshore and 

23 on the Outer Continental Shelf to meet the demands for 

24 expeditious permitting in that region. The Secretary shall 

25 designate as regional offices under this section all offices 


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1 established under section 365 of the Energy Policy Act 

2 of 2005 (42 U.S.C. 15924). 

3 (c) MEMORANDUM OF UNDERSTANDING.—Within 90 

4 days after the appointment of the Federal Permit Coordi5 nator, the Federal Permit Coordinator, the Secretary, the 

6 Secretary of Agriculture, the Secretary of Commerce, the 

7 Secretary of Homeland Security, the Administrator of the 

8 Environmental Protection Agency, the Secretary of De9 fense, and the head of any other Federal agency with re10 sponsibilities related to permitting of Federal oil and gas 

11 leases, shall enter into a memorandum of understanding 

12 establishing respective duties and responsibilities for staff13 ing the regional offices and accomplishing the objectives 

14 of this section. 

15 (d) DESIGNATION OF QUALIFIED STAFF.— 

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

17 the date of signing of the MOU, all Federal signa18 tory agencies shall assign to each regional office the 

19 appropriate employees with expertise in the oil and 

20 gas permitting issues relating to that office, includ21 ing, but not limited to, with respect to— 

22 (A) consultation and preparation of bio23 logical opinions under section 7 of the Endan24 gered Species Act of 1973 (16 U.S.C. 1536); 


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1 (B) permits under section 404 of Federal 

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

3 (C) regulatory matters under the Clean Air 

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

5 (D) planning under the National Forest 

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

7 seq.); 

8 (E) the preparation of analyses under the 

9 National Environmental Policy Act of 1969 (42 

10 U.S.C. 4321 et seq.); 

11 (F) applications for permits to drill under 

12 the Mineral Leasing Act (30 U.S.C. 181 et 

13 seq.); and 

14 (G) exploration plans and development and 

15 production plans under the Outer Continental 

16 Shelf Lands Act (43 U.S.C. 1331 et seq.). 

17 (2) PREFERENCE AND INCENTIVES.—To the 

18 maximum extent practicable, for purposes of this 

19 subsection, Federal agencies shall give preference to 

20 employees volunteering for reassignment to the re21 gional offices, and shall offer incentives to attract 

22 and retain regional office employees, including, but 

23 not limited to, retaining contract employees, rota24 tional assignments, salary incentives of up to 120 

25 percent of an employee’s existing salary immediately 


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1 prior to reassignment, or any combination of strate2 gies. 

3 (e) DUTIES.—Each employee assigned under sub4 section (d) shall— 

5 (1) within 90 days after the date of assignment, 

6 report to the regional office to which the employee 

7 is assigned; 

8 (2) be responsible for all issues relating to the 

9 jurisdiction of the home office or agency of the em10 ployee; and 

11 (3) participate as part of the team working on 

12 proposed oil and gas projects, planning, and environ13 mental analyses. 

14 (f) CREATION OF AND DELEGATION OF AUTHORITY

15 TO REGIONAL PERMIT COORDINATORS.—The Federal 

16 Permit Coordinator shall appoint a Regional Permit Coor17 dinator to be located within each regional office estab18 lished under this section, with full authority to act on be19 half of the Federal Permit Coordinator. 

20 (g) ADDITIONAL PERSONNEL.—The Federal Permit 

21 Coordinator or Regional Permit Coordinators may at any 

22 time direct that any Federal agency party to the MOU 

23 under subsection (c) assign additional staff required to im24 plement the duties of the regional offices. 


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1 SEC. 224. REVIEWS AND ACTIONS OF FEDERAL AGENCIES. 

2 (a) SCHEDULES FOR TIMELY PERMIT DECISION3 MAKING.—Within 10 days after the date on which the Sec4 retary receives any oil and gas permit application or 

5 amended application, the Secretary shall either notify the 

6 applicant that the application is complete or notify the ap7 plicant that information is missing and specify the infor8 mation that is required to be submitted for the application 

9 to be complete. Within 30 days after notifying a permit 

10 applicant that an application is complete, the Secretary, 

11 in consultation with the permit applicant as necessary, 

12 shall determine and inform the Regional Permit Coordi13 nator responsible for that project area whether the pro14 posed permit is a class I, class II, or class III permit. The 

15 Regional Permit Coordinator shall as soon as possible but 

16 in no event later than 30 days following the Secretary’s 

17 determination establish a binding schedule to ensure the 

18 most expeditious possible review and processing of the re19 quested permit, in accordance with this section. 

20 (b) PERMIT CLASSES AND SCHEDULES.— 

21 (1) CLASS I PERMITS.—An oil and gas permit 

22 shall be designated as a class I permit under this 

23 section if the permitted activity is of a nature that 

24 would typically require preparation of an environ25 mental impact statement under NEPA to inform the 

26 permitting decision. For such permits, the Regional 


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1 Permit Coordinator shall establish a schedule for 

2 timely completion of all permit reviews and proc3 essing, not to exceed 30 months. The Regional Per4 mit Coordinator shall make the schedule publicly 

5 available within 10 days after the schedule is estab6 lished. 

7 (2) CLASS II PERMITS.—An oil and gas permit 

8 shall be designated as a class II permit under this 

9 section if the permitted activity is of a nature that 

10 would typically be found not to significantly affect 

11 the quality of the human environment under NEPA. 

12 For such permits, the Regional Permit Coordinator 

13 shall establish the most expeditious schedule possible 

14 for completion of all permit reviews and processing, 

15 not to exceed 90 days. The Regional Permit Coordi16 nator may grant a one-time extension of that sched17 ule, not to exceed 60 days, upon a good cause show18 ing that additional time is necessary to complete 

19 permit decisions. Not later than 15 days after estab20 lishing or extending any schedule for a class II per21 mit, the Regional Permit Coordinator shall provide 

22 the permit applicant with the schedule. 

23 (3) CLASS III PERMITS.—Notwithstanding para24 graphs (1) and (2), an oil and gas permit shall be 

25 designated as a class III permit under this section 


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1 if the permitted activity either qualifies for a statu2 tory or regulatory categorical exclusion under NEPA 

3 or if the requirements under NEPA and other appli4 cable law for the permit have been completed within 

5 30 days after the date of a complete application. For 

6 such permits, the permit shall be issued within 30 

7 days after the date of a complete application. 

8 (4) RECLASSIFICATION OF CLASS II PERMIT.— 

9 If prior to the expiration of the established schedule 

10 for a class II permit newly discovered information 

11 indicates that the class II permit will significantly 

12 affect the quality of the human environment, the 

13 Secretary may, in consultation with the permit appli14 cant, reclassify the permit as a class I permit under 

15 paragraph (1), and the Regional Coordinator shall 

16 establish an amended schedule that complies with 

17 the provisions of that paragraph. 

18 (c) REPORTING.—The Regional Permit Coordinators 

19 shall include data on all schedule timing and compliance 

20 in their reports to the Federal Permit Coordinator re21 quired under subsection (i), who shall include such data 

22 in the report to the President and Congress required 

23 under subsection (i). 

24 (d) DISPUTE RESOLUTION.—The Regional Permit 

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1 fect oil and gas permit reviews. The Regional Permit Coor2 dinator shall report jointly to the Federal Permit Coordi3 nator and to the head of the relevant action agency, or 

4 his or her designee, for resolution of any issue regarding 

5 an oil and gas permit that may result in missing the 

6 schedule deadlines established pursuant to subsection (b). 

7 The Regional Permit Coordinators shall include data re8 garding the incidence and resolution of disputes under this 

9 subsection in their reports to the Federal Permit Coordi10 nator required under subsection (i), who shall include such 

11 reported data and develop recommendations in the report 

12 to the President and Congress required under subsection 

13 (i). 

14 (e) REMEDIES.—An applicant for a class I permit 

15 may bring a cause of action to seek expedited mandamus 

16 review, if a Regional Permit Coordinator or the Secretary 

17 fails to— 

18 (1) establish a schedule in accordance with sub19 section (b); 

20 (2) enforce and ensure completion of reviews 

21 within schedule deadlines; or 

22 (3) take all actions as are necessary and proper 

23 to avoid jeopardizing the timely completion of the 

24 entire schedule. 


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1 If an agency fails to complete its review of and issue a 

2 decision upon a permit within the schedule established by 

3 the court, that permit shall be deemed granted to the ap4 plicant. 

5 (f) PROHIBITION OF CERTAIN TERMS AND CONDI6 TIONS.—No Federal agency may include in any permit, 

7 right-of-way, or other authorization issued for an oil and 

8 gas project subject to the provisions of this subtitle, any 

9 term or condition that may be authorized, but is not re10 quired, by the provisions of any applicable law, if the Fed11 eral Permit Coordinator determines that such term or con12 dition would prevent or impair in any significant respect 

13 completion of a permit review within the time schedule es14 tablished pursuant to subsection (b) or would otherwise 

15 impair in any significant respect expeditious oil and gas 

16 development. 

17 (g) CONSOLIDATED RECORD.—The Federal Permit 

18 Coordinator, acting through the appropriate Regional Per19 mit Coordinator, with the cooperation of Federal and 

20 State administrative officials and agencies, shall maintain 

21 a complete, consolidated record of all decisions made or 

22 actions taken by the Federal Permit Coordinator or Re23 gional Permit Coordinator or by any Federal agency with 

24 respect to any oil and gas permit. 


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1 (h) RELATIONSHIP TO NEPA AND ENERGY POLICY

2 ACT OF 2005.— 

3 (1) Section 390(a) of the Energy Policy Act of 

4 2005 (42 U.S.C. 15942(a)) is amended— 

5 (A) by striking ‘‘rebuttable presumption 

6 that the use of a’’; and 

7 (B) by striking ‘‘would apply’’. 

8 (2) Section 17(p) of the Mineral Leasing Act 

9 (30 U.S.C. 226(p)) is repealed. 

10 (i) ADDITIONAL POWERS AND RESPONSIBILITIES.— 

11 (1) REGIONAL PERMIT COORDINATOR RE12 PORTS.—The Regional Permit Coordinators shall 

13 each submit a report to the Federal Permit Coordi14 nator by December 31 of each year that documents 

15 each office’s performance in meeting the objectives 

16 under this subtitle, including recommendations to 

17 further streamline the permitting process. 

18 (2) REDIRECTION OF PRIORITIES OR RE19 SOURCES.—In order to expedite overall permitting 

20 activity, the Federal Permit Coordinator may redi21 rect the priority of regional office activities or the al22 location of resources among such offices, and shall 

23 engage the agencies that are parties to the MOU to 

24 the extent such adjustments implicate their respec25 tive staffs or resources. 


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1 (3) REPORT TO CONGRESS.—Beginning 3 years 

2 after the date of enactment of this Act, the Federal 

3 Permit Coordinator shall prepare and submit a re4 port to the President and Congress by April 15 of 

5 each year that outlines the results achieved under 

6 this subtitle and makes recommendations to the 

7 President and Congress for further improvements in 

8 processing oil and gas permits on Federal lands. 

9 SEC. 225. STATE COORDINATION. 

10 The Governor of any State wherein an oil and gas 

11 operation may require a Federal permit, or the coastline 

12 of which is in immediate geographic proximity to oil and 

13 gas operations on the Outer Continental Shelf, may be a 

14 signatory to the MOU for purposes of fulfilling any State 

15 responsibilities with respect to Federal oil and gas permit16 ting decisions. The Regional Permit Coordinators shall fa17 cilitate and coordinate concurrent State reviews of re18 quested permits for oil and gas projects on the Outer Con19 tinental Shelf. 

20 SEC. 226. SAVINGS PROVISION. 

21 Except as expressly stated, nothing in this subtitle 

22 affects— 

23 (1) the applicability of any Federal or State 

24 law; or 


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1 (2) any delegation of authority made by the 

2 head of a Federal agency the employees of which are 

3 participating in the implementation of this section. 

4 SEC. 227. ADMINISTRATIVE AND JUDICIAL REVIEW. 

5 (a) ADMINISTRATIVE REVIEW.—Any oil and gas per6 mitting decision for Federal lands onshore or on the Outer 

7 Continental Shelf that was issued in accordance with the 

8 procedures established by this subtitle shall not be subject 

9 to further administrative review within the respective Fed10 eral agency responsible for that decision, and shall be the 

11 final decision of that agency for purposes of judicial re12 view. 

13 (b) EXCLUSIVE JURISDICTION OVER PERMIT DECI14 SIONS.—Only the United States District Court for the 

15 District of Columbia shall have original jurisdiction over 

16 any civil action for the review of such a permit decision. 

17 (c) LIMITATIONS ON CLAIMS.—Notwithstanding any 

18 other provision of law, any action arising under Federal 

19 law seeking judicial review of a permit, license, or approval 

20 issued by a Federal agency for an oil and gas permit sub21 ject to this subtitle shall be barred unless it is filed within 

22 90 days after the date of the decision. Nothing in this 

23 subtitle creates a right to judicial review or places any 

24 limit on filing a claim that a person has violated the terms 

25 of a permit, license, or approval. 


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1 (d) FILING OF RECORD.—When any civil action is 

2 brought pursuant to this subtitle, the Federal Permit Co3 ordinator shall immediately prepare for the court a con4 solidated record. 

5 (e) EXPEDITED REVIEW.—The court shall endeavor 

6 to hear and determine any action for judicial review chal7 lenging a decision approved pursuant to this section as 

8 expeditiously as possible. 

9 (f) EXPEDITED MANDAMUS REVIEW.—Notwith10 standing subsection (e), within 30 days after the filing of 

11 an action challenging or seeking to enforce an established 

12 permit review schedule for a class I permit, the court shall 

13 issue a decision either compelling permit issuance or sanc14 tioning the delay and establishing a new schedule that en15 ables the most expeditious possible completion of pro16 ceedings. In rendering its decision, the court shall review 

17 whether the agencies subject to the schedule have been 

18 acting in good faith, whether the permit applicant has 

19 been cooperating fully with the agencies that are respon20 sible for issuing the requested permits, and any other rel21 evant matters. The court may issue orders to enforce any 

22 schedule it establishes under this subsection. 

23 (g) NO PRIVATE RIGHT OF ACTION.—This subtitle 

24 shall not be construed to create any additional right, ben25 efit, or trust responsibility, substantive or procedural, enVerDate Mar 15 2010 01:56 Aug 10, 2013 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3033.IH H3033

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1 forceable at law or equity, by a person against the United 

2 States, its agencies, its officers, or any person. 

3 (h) FINALITY OF LEASING DECISIONS.—Notwith4 standing the provisions of any law or regulation to the 

5 contrary, a decision by the Department of the Interior to 

6 issue a Final Notice of Sale and proceed with an oil and 

7 gas lease sale pursuant to any mineral leasing law shall 

8 not be subject to further administrative review within the 

9 Department of the Interior, and shall be the final decision 

10 of the agency for purposes of judicial review. 

11 SEC. 228. AMENDMENTS TO PUBLICATION PROCESS. 

12 Section 18 of the Outer Continental Shelf Lands Act 

13 (43 U.S.C. 1344) is amended— 

14 (1) by amending subsection (c)(2) to read as 

15 follows: 

16 ‘‘(2) The Secretary shall publish a proposed leasing 

17 program in the Federal Register, and shall submit a copy 

18 of such proposed program to the Governor of each affected 

19 State, for review and comment. The Governor of a State 

20 may solicit comments from those executives of local gov21 ernments of the State that the Governor, in the Governor’s 

22 discretion, determines will be affected by the proposed pro23 gram.’’; 

24 (2) by striking subsection (c)(3); and 


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1 (3) in subsection (d)(2) by inserting ‘‘final’’ 

2 after ‘‘proposed’’. 

3 SEC. 229. DEFINITIONS. 

4 In this subtitle: 

5 (1) MOU.—The term ‘‘MOU’’ means the 

6 memorandum of understanding entered into under 

7 section 223(c). 

8 (2) NEPA.—The term ‘‘NEPA’’ means the Na9 tional Environmental Policy Act of 1969 (42 U.S.C. 

10 4321 et seq.). 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 TITLE III—RELIEF FROM REGU14 LATIONS AND PROHIBITIONS 

15 THAT CAUSE ARTIFICIAL 

16 PRICE INCREASES 

17 Subtitle A—Relief From EPA Cli18 mate Change Regulations and 

19 Federal Prohibitions on Syn20 thetic Fuels 

21 SEC. 301. REPEAL OF EPA CLIMATE CHANGE REGULATION. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Environ25 mental Protection Agency. 


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1 (2) GREENHOUSE GAS.—The term ‘‘greenhouse 

2 gas’’ means any of the following: 

3 (A) Carbon dioxide. 

4 (B) Methane. 

5 (C) Nitrous oxide. 

6 (D) Sulfur hexafluoride. 

7 (E) Any hydrofluorocarbon. 

8 (F) Any perfluorocarbon. 

9 (G) Nitrogen trifluoride. 

10 (H) Any other substance subject to regula11 tion, action, or consideration due to the con12 tribution of the substance to climate change. 

13 (3) STATIONARY SOURCE.—The term ‘‘sta14 tionary source’’ has the meaning given the term in 

15 section 302 of the Clean Air Act (42 U.S.C. 7602). 

16 (b) REGULATION OF GREENHOUSE GASES.— 

17 (1) REGULATION, ACTION, AND CONSIDERATION

18 FOR EFFECTS OTHER THAN CLIMATE CHANGE.— 

19 (A) IN GENERAL.—Except as provided in 

20 subparagraph (B), the President or the head of 

21 a Federal department or agency may not pro22 mulgate regulations providing for the control of 

23 emissions of a greenhouse gas, enforce or imple24 ment any law (including a regulation) enacted 

25 or promulgated as of the date of enactment of 


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1 this Act that provides for the control of emis2 sions of a greenhouse gas, take action relating 

3 to or take into consideration the climate effects 

4 of emissions of a greenhouse gas, consider cli5 mate effects in implementing or enforcing any 

6 law (including a regulation), or condition or 

7 deny any approval based on climate effects. 

8 (B) EXCEPTION.—The limitation under 

9 subparagraph (A) does not prohibit— 

10 (i) regulation of, action with respect 

11 to, or consideration of a greenhouse gas 

12 under title VI of the Clean Air Act (42 

13 U.S.C. 7671 et seq.) other than for the po14 tential or actual effect of the greenhouse 

15 gas on climate change; or 

16 (ii) voluntary incentive programs to 

17 promote the development or deployment of 

18 technologies that reduce greenhouse gas 

19 emissions. 

20 (C) EXCLUSIVE AUTHORITY; CAFE REGU21 LATIONS; CHALLENGES TO RULES.— 

22 (i) EXCLUSIVE AUTHORITY.—The au23 thority of the Secretary of Transportation 

24 under chapter 329 of title 49, United 

25 States Code— 


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1 (I) does not include any authority 

2 with respect to greenhouse gases; and 

3 (II) is unaffected by this section. 

4 (ii) CAFE REGULATIONS.—Notwith5 standing any provision to the contrary in 

6 this Act, the requirements set forth in the 

7 final rule entitled ‘‘Light-Duty Vehicle 

8 Greenhouse Gas Emission Standards and 

9 Corporate Average Fuel Economy Stand10 ards; Final Rule’’ (75 Fed. Reg. 25324 

11 (May 7, 2010)), and the final rule entitled 

12 ‘‘2017 and Later Model Year Light-Duty 

13 Vehicle Greenhouse Gas Emissions and 

14 Corporate Average Fuel Economy Stand15 ards’’ (77 Fed. Reg. 62624 (October 15, 

16 2012)), shall remain in effect without fur17 ther modification or revision. 

18 (iii) CHALLENGES TO RULES.—Noth19 ing in this paragraph affects— 

20 (I) any challenge to the final rule 

21 described in clause (ii) that— 

22 (aa) as of the date of enact23 ment of this Act, is pending in 

24 court; or 


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1 (bb) is filed after that date 

2 of enactment; or 

3 (II) any pending or future chal4 lenge to any current or future rules 

5 promulgated under the authority re6 ferred to in clause (i). 

7 (D) CERTAIN PRIOR AGENCY ACTIONS.— 

8 Except as provided in subparagraph (C), each 

9 rule promulgated and action taken by the Ad10 ministrator before the date of enactment of this 

11 Act to regulate greenhouse gases for effects re12 lating to atmospheric concentrations of green13 house gases (including climate change), shall 

14 have no force or effect. 

15 (E) REGULATION UNDER OTHER PROVI16 SIONS.— 

17 (i) IN GENERAL.—Neither the regula18 tions referred to in subparagraph (C)(ii) 

19 nor any other provision of law (including a 

20 regulation) or action relating to greenhouse 

21 gases shall— 

22 (I) have any impact on the regu23 lation of stationary sources under title 

24 I of the Clean Air Act (42 U.S.C. 

25 7401 et seq.); or 


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1 (II) be considered to be the regu2 lation of pollutants under that Act 

3 (42 U.S.C. 7401 et seq.) for any pur4 pose (other than for the regulation of 

5 greenhouse gas emissions for light6 duty motor vehicles from model years 

7 2012 and later, as required by the 

8 rules described in subparagraph 

9 (C)(ii)), including for the purpose of 

10 issuing permits or establishing regu11 latory standards. 

12 (ii) REQUESTS FOR WAIVERS.—Sec13 tion 209(b) of the Clean Air Act (42 

14 U.S.C. 7543(b)) is amended by adding at 

15 the end the following: 

16 ‘‘(4) REQUESTS FOR WAIVERS.—Notwith17 standing any other provision of this Act or any other 

18 law— 

19 ‘‘(A) no request for a waiver of the appli20 cation of this section by any State for stand21 ards to control emissions of any air pollutant 

22 that is a greenhouse gas (as defined in section 

23 301 of the Energy Security and Employment 

24 Act) from new motor vehicles or new motor veVerDate Mar 15 2010 01:56 Aug 10, 2013 Jkt 029200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3033.IH H3033

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1 hicle engines of model year 2017 or later may 

2 be granted by the Administrator; and 

3 ‘‘(B) no grant of any waiver by the Admin4 istrator before the date of enactment of this 

5 paragraph shall be considered by the Adminis6 trator, the requesting State, or any court as 

7 waiving the application of subsection (a), or any 

8 other provision of this section, to standards 

9 adopted by the State for control of emissions of 

10 any air pollutant that is a greenhouse gas (as 

11 defined in section 301 of the Energy Security 

12 and Employment Act) from new motor vehicles 

13 or new motor vehicle engines of model year 

14 2017 or later.’’. 

15 (F) IMPACTS ON STATE LAWS.— 

16 (i) IN GENERAL.—Any provision of a 

17 State implementation plan designating 

18 greenhouse gases as pollutants that are 

19 subject to regulation or as regulated pollut20 ants, or otherwise authorizing or requiring 

21 limitations on the emission of greenhouse 

22 gases under State law— 

23 (I) shall not be federally enforce24 able; 


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1 (II) shall not be deemed to be 

2 Federal law; and 

3 (III) shall be deemed to be 

4 stricken from the State implementa5 tion plan. 

6 (ii) AUTHORITY OF STATES.— 

7 (I) IN GENERAL.—Subject to 

8 subclause (II), nothing in this section 

9 affects any State law (including a reg10 ulation) or the authority of any State 

11 to adopt a law or promulgate a regu12 lation. 

13 (II) AUTHORITY OF ADMINIS14 TRATOR.—Notwithstanding subclause 

15 (I), the Administrator shall have no 

16 authority to approve or make federally 

17 enforceable any provision of a State 

18 implementation plan requiring the 

19 control of greenhouse gas emissions. 

20 (III) AMENDMENT OF EXISTING

21 LAWS.—If, as a result of the regula22 tions described in subparagraph (D), 

23 a State adopted any law (including a 

24 regulation) designating greenhouse 

25 gases as pollutants that are subject to 


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1 regulation or as regulated pollutants, 

2 or authorizing or requiring limitations 

3 on the emission of greenhouse gases 

4 under State law, the State may 

5 amend the adopted law to remove any 

6 restrictions on greenhouse gas emis7 sions. 

8 (iii) FEDERALIZATION OF SIP RE9 QUIREMENTS.—The Administrator shall 

10 have no authority to approve or make fed11 erally enforceable any provision of a State 

12 implementation plan requiring the control 

13 of greenhouse gas emissions. 

14 (G) PRESIDENTIAL FINDINGS AND CON15 CLUSIONS.—Except as authorized by this para16 graph or another Act of Congress, the Presi17 dent or the head of a Federal department or 

18 agency may not examine or make findings or 

19 conclusions, for purposes of promulgating or 

20 issuing policy, guidance, or regulations to ad21 dress the impacts of greenhouse gas emissions 

22 on climate change. 

23 (H) JUDICIAL REVIEW.— 

24 (i) IN GENERAL.—In addition to any 

25 other remedies available, any person afVerDate Mar 15 2010 01:56 Aug 10, 2013 Jkt 029200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H3033.IH H3033

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1 fected by a regulation, action, or consider2 ation concerning the control of emissions 

3 of a greenhouse gas that fails to meet the 

4 criteria described in subparagraph (A) may 

5 challenge the regulation, action, or consid6 eration. 

7 (ii) JURISDICTION.—The United 

8 States Court of Appeals for the District of 

9 Columbia Circuit shall have exclusive juris10 diction over any review of any Federal, 

11 State, or other regulation, action, or con12 sideration challenged under clause (i). 

13 (2) ACTIONS AT LAW.—No cause of action, 

14 whether based on common law or civil tort (includ15 ing nuisance) or any other legal or equitable theory, 

16 may be brought or maintained, and no liability, 

17 money damages, or injunctive relief arising from 

18 such an action may be imposed, for— 

19 (A) any potential or actual contribution of 

20 a greenhouse gas to climate change; or 

21 (B) any direct or indirect effect of poten22 tial or actual atmospheric concentrations of a 

23 greenhouse gas. 

24 (3) ALLOWANCES.—No State shall have author25 ity— 


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1 (A) to require any entity to procure, hold, 

2 or surrender allowances for the emission of 

3 greenhouse gases that takes place outside of the 

4 State; or 

5 (B) to otherwise— 

6 (i) regulate or tax, directly or indi7 rectly, greenhouse gas emissions produced 

8 outside of the State; or 

9 (ii) to otherwise limit the importation 

10 of products or electricity into the State 

11 based on greenhouse gas emissions occur12 ring outside the State. 

13 SEC. 302. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS 

14 PURCHASING REQUIREMENT. 

15 Section 526 of the Energy Independence and Security 

16 Act of 2007 (42 U.S.C. 17142) is repealed. 

17 SEC. 303. ELIMINATION OF BOUTIQUE FUELS. 

18 (a) ELIMINATION OF MULTIPLE FUELS.—Section 

19 211(c)(4) of the Clean Air Act (42 U.S.C. 7545(c)(4)) is 

20 amended to read as follows: 

21 ‘‘(4) After the date of the enactment of the Energy 

22 Security and Employment Act no State (or political sub23 division thereof) may prescribe or attempt to enforce any 

24 control or prohibition respecting any characteristic or 

25 component of a fuel or fuel additive in a motor vehicle 


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1 or motor vehicle engine. Any such control or prohibition 

2 adopted before such date of enactment shall cease to have 

3 any force and effect on the date that is 3 years after such 

4 date of enactment.’’. 

5 (b) CONVENTIONAL GASOLINE.—Section 211(k) of 

6 the Clean Air Act (42 U.S.C. 7545(k)) is amended to read 

7 as follows: 

8 ‘‘(k) CONVENTIONAL GASOLINE REQUIRED

9 THROUGHOUT ENTIRE NATION.—The Administrator 

10 shall promulgate regulations under this subsection requir11 ing that all gasoline sold or introduced into commerce in 

12 the United States (except the noncontiguous States and 

13 territories) after the date that is 3 years after the date 

14 of the enactment of the Energy Security and Employment 

15 Act for use in a motor vehicle or motor vehicle engine be 

16 conventional gasoline. As used in this section, the term 

17 ‘conventional gasoline’ means a single blend of gasoline 

18 identified in regulations of the Administrator with a uni19 form chemical composition in all regions of the country 

20 that is identical to the chemical composition of the gaso21 line most widely sold in the United States before the date 

22 of the enactment of the Energy Security and Employment 

23 Act in areas other than nonattainment areas.’’. 

24 (c) OXYGENATED FUELS.—Subsection (m) of section 

25 211 of the Clean Air Act (42 U.S.C. 7545) is repealed. 


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1 Subtitle B—Refinery Reform 

2 SEC. 311. REFINERY PERMITTING PROCESS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Environ6 mental Protection Agency. 

7 (2) EXPANSION.—The term ‘‘expansion’’ means 

8 a physical change that results in an increase in the 

9 capacity of a refinery. 

10 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

11 has the meaning given the term in section 4 of the 

12 Indian Self-Determination and Education Assistance 

13 Act (25 U.S.C. 450b). 

14 (4) PERMIT.—The term ‘‘permit’’ means any 

15 permit, license, approval, variance, or other form of 

16 authorization that a refiner is required to obtain— 

17 (A) under any Federal law; or 

18 (B) from a State or Indian tribal govern19 ment agency delegated authority by the Federal 

20 Government, or authorized under Federal law, 

21 to issue permits. 

22 (5) REFINER.—The term ‘‘refiner’’ means a 

23 person that— 

24 (A) owns or operates a refinery; or 


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1 (B) seeks to become an owner or operator 

2 of a refinery. 

3 (6) REFINERY.— 

4 (A) IN GENERAL.—The term ‘‘refinery’’ 

5 means— 

6 (i) a facility at which crude oil is re7 fined into transportation fuel or other pe8 troleum products; or 

9 (ii) a coal liquification or coal-to-liquid 

10 facility at which coal is processed into syn11 thetic crude oil or any other fuel. 

12 (B) INCLUSIONS.—The term ‘‘refinery’’ in13 cludes an expansion of a refinery. 

14 (7) REFINERY PERMITTING AGREEMENT.—The 

15 term ‘‘refinery permitting agreement’’ means an 

16 agreement entered into between the Administrator 

17 and a State or Indian tribe under subsection (b). 

18 (8) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Commerce. 

20 (9) STATE.—The term ‘‘State’’ means— 

21 (A) a State; 

22 (B) the District of Columbia; 

23 (C) the Commonwealth of Puerto Rico; 

24 and 


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1 (D) any other territory or possession of the 

2 United States. 

3 (b) STREAMLINING OF REFINERY PERMITTING

4 PROCESS.— 

5 (1) IN GENERAL.—At the request of the Gov6 ernor of a State or the governing body of an Indian 

7 tribe, the Administrator shall enter into a refinery 

8 permitting agreement with the State or Indian tribe 

9 under which the process for obtaining all permits 

10 necessary for the construction and operation of a re11 finery shall be streamlined using a systematic inter12 disciplinary multimedia approach as provided in this 

13 section. 

14 (2) AUTHORITY OF ADMINISTRATOR.—Under a 

15 refinery permitting agreement the Administrator 

16 shall have authority, as applicable and necessary, 

17 to— 

18 (A) accept from a refiner a consolidated 

19 application for all permits that the refiner is re20 quired to obtain to construct and operate a re21 finery; 

22 (B) in consultation and cooperation with 

23 each Federal, State, or Indian tribal govern24 ment agency that is required to make any de25 termination to authorize the issuance of a perVerDate Mar 15 2010 01:56 Aug 10, 2013 Jkt 029200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H3033.IH H3033

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1 mit, establish a schedule under which each 

2 agency shall— 

3 (i) concurrently consider, to the max4 imum extent practicable, each determina5 tion to be made; and 

6 (ii) complete each step in the permit7 ting process; and 

8 (C) issue a consolidated permit that com9 bines all permits issued under the schedule es10 tablished under subparagraph (B). 

11 (3) AGREEMENT BY THE STATE.—Under a re12 finery permitting agreement, a State or governing 

13 body of an Indian tribe shall agree that— 

14 (A) the Administrator shall have each of 

15 the authorities described in paragraph (2); and 

16 (B) each State or Indian tribal government 

17 agency shall— 

18 (i) in accordance with State law, make 

19 such structural and operational changes in 

20 the agencies as are necessary to enable the 

21 agencies to carry out consolidated project22 wide permit reviews concurrently and in 

23 coordination with the Environmental Pro24 tection Agency and other Federal agencies; 

25 and 


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1 (ii) comply, to the maximum extent 

2 practicable, with the applicable schedule 

3 established under paragraph (2)(B). 

4 (4) DEADLINES.— 

5 (A) NEW REFINERIES.—In the case of a 

6 consolidated permit for the construction of a 

7 new refinery, the Administrator and the State 

8 or governing body of an Indian tribe shall ap9 prove or disapprove the consolidated permit not 

10 later than— 

11 (i) 360 days after the date of the re12 ceipt of the administratively complete ap13 plication for the consolidated permit; or 

14 (ii) on agreement of the applicant, the 

15 Administrator, and the State or governing 

16 body of the Indian tribe, 90 days after the 

17 expiration of the deadline established 

18 under clause (i). 

19 (B) EXPANSION OF EXISTING REFIN20 ERIES.—In the case of a consolidated permit 

21 for the expansion of an existing refinery, the 

22 Administrator and the State or governing body 

23 of an Indian tribe shall approve or disapprove 

24 the consolidated permit not later than— 


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1 (i) 120 days after the date of the re2 ceipt of the administratively complete ap3 plication for the consolidated permit; or 

4 (ii) on agreement of the applicant, the 

5 Administrator, and the State or governing 

6 body of the Indian tribe, 30 days after the 

7 expiration of the deadline established 

8 under clause (i). 

9 (5) FEDERAL AGENCIES.—Each Federal agency 

10 that is required to make any determination to au11 thorize the issuance of a permit shall comply with 

12 the applicable schedule established under paragraph 

13 (2)(B). 

14 (6) JUDICIAL REVIEW.—Any civil action for re15 view of any permit determination under a refinery 

16 permitting agreement shall be brought exclusively in 

17 the United States district court for the district in 

18 which the refinery is located or proposed to be lo19 cated. 

20 (7) EFFICIENT PERMIT REVIEW.—In order to 

21 reduce the duplication of procedures, the Adminis22 trator shall use State permitting and monitoring 

23 procedures to satisfy substantially equivalent Fed24 eral requirements under this subtitle. 


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1 (8) SEVERABILITY.—If 1 or more permits that 

2 are required for the construction or operation of a 

3 refinery are not approved on or before any deadline 

4 established under paragraph (4), the Administrator 

5 may issue a consolidated permit that combines all 

6 other permits that the refiner is required to obtain 

7 other than any permits that are not approved. 

8 (9) SAVINGS.—Nothing in this subsection af9 fects the operation or implementation of otherwise 

10 applicable law regarding permits necessary for the 

11 construction and operation of a refinery. 

12 (10) CONSULTATION WITH LOCAL GOVERN13 MENTS.—Congress encourages the Administrator, 

14 States, and tribal governments to consult, to the 

15 maximum extent practicable, with local governments 

16 in carrying out this subsection. 

17 (11) EFFECT ON LOCAL AUTHORITY.—Nothing 

18 in this subsection affects— 

19 (A) the authority of a local government 

20 with respect to the issuance of permits; or 

21 (B) any requirement or ordinance of a 

22 local government (such as a zoning regulation). 

23 (c) FISCHER-TROPSCH FUEL.— 

24 (1) IN GENERAL.—In cooperation with the Sec25 retary of Energy, the Secretary of Defense, the AdVerDate Mar 15 2010 01:56 Aug 10, 2013 Jkt 029200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H3033.IH H3033

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1 ministrator of the Federal Aviation Administration, 

2 the Secretary of Health and Human Services, and 

3 Fischer-Tropsch industry representatives, the Ad4 ministrator shall— 

5 (A) conduct a research and demonstration 

6 program to evaluate the air quality benefits of 

7 ultra-clean Fischer-Tropsch transportation fuel, 

8 including diesel and jet fuel; 

9 (B) evaluate the use of ultra-clean Fischer10 Tropsch transportation fuel as a mechanism for 

11 reducing engine exhaust emissions; and 

12 (C) submit recommendations to Congress 

13 on the most effective use and associated bene14 fits of this ultra-clean fuel for reducing public 

15 exposure to exhaust emissions. 

16 (2) GUIDANCE AND TECHNICAL SUPPORT.—The 

17 Administrator shall, to the extent necessary, issue 

18 any guidance or technical support documents that 

19 would facilitate the effective use and associated ben20 efit of Fischer-Tropsch fuel and blends. 

21 (3) REQUIREMENTS.—The program described 

22 in paragraph (1) shall consider— 

23 (A) the use of neat (100 percent) Fischer24 Tropsch fuel and blends with conventional 


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1 crude oil-derived fuel for heavy-duty and light2 duty diesel engines and the aviation sector; and 

3 (B) the production costs associated with 

4 domestic production of this ultra-clean fuel and 

5 prices for consumers. 

6 (4) REPORTS.—The Administrator shall submit 

7 to the Committee on Environment and Public Works 

8 and the Committee on Energy and Natural Re9 sources of the Senate and the Committee on Energy 

10 and Commerce of the House of Representatives— 

11 (A) not later than 1 year after the date of 

12 enactment of this Act, an interim report on ac13 tions taken to carry out this subsection; and 

14 (B) not later than 2 years after the date 

15 of enactment of this Act, a final report on ac16 tions taken to carry out this subsection. 

17 SEC. 312. EXISTING REFINERY PERMIT APPLICATION DEAD18 LINE. 

19 Notwithstanding any other provision of law, applica20 tions for a permit for existing refinery applications shall 

21 not be considered to be timely if submitted after 120 days 

22 after the date of enactment of this Act. 

Æ 


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