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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3033 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be referred to as the ``Energy 
Security and Employment Act''.
    (b) Table of Contents.--The table of contents for 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.
    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.

       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.

    Section 104 of the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note; Public Law 109-432) is repealed.

SEC. 102. NATIONAL DEFENSE AREAS.

    This title shall not affect the authority of the Secretary of 
Defense, with the approval of the President, to designate 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)).

SEC. 103. OCS OIL AND GAS LEASING PROGRAM FOR 2013-2018.

    (a) In General.--The Draft Proposed Outer Continental Shelf Oil and 
Gas Leasing Program 2010-2015 issued by the Secretary of the Interior 
under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) shall be considered to be the final oil and gas leasing program 
under that section for the period of fiscal years 2013 through 2018.
    (b) Final Environmental Impact Statement.--The Secretary is 
considered to have issued a final environmental impact statement for 
the program referred to in subsection (a) in accordance with all 
requirements of section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)).
    (c) Termination of Existing Program.--The Five Year Outer 
Continental Shelf Oil and Gas Leasing Program for 2012-2017 shall have 
no force or effect.

SEC. 104. SHARING OF OCS RECEIPTS WITH STATES AND LOCAL GOVERNMENTS.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
is amended as follows:
            (1) By designating the existing text as a subsection (a).
            (2) In subsection (a) (as so designated) by inserting ``, 
        if not paid as otherwise provided in this title'' after 
        ``receipts''.
            (3) By adding at the end the following:
    ``(b) Treatment of OCS Receipts.--
            ``(1) Deposit.--The Secretary shall deposit into a separate 
        account in the Treasury the portion of OCS Receipts for each 
        fiscal year that will be shared under paragraph (2).
            ``(2) Immediate receipts sharing.--Beginning October 1, 
        2013, the Secretary shall pay under subsection (c) 50 percent 
        of OCS Receipts received by the United States under all leases 
        under this Act, except that the Secretary shall only pay 25 
        percent of such OCS Receipts received under all such leases 
        within a State's Adjacent Zone if leasing is not allowed within 
        at least 25 percent of the portion of that State's Adjacent 
        Zone located completely within 75 miles of any coastline.
            ``(3) Allocations.--The Secretary shall allocate the OCS 
        Receipts deposited into the separate account established by 
        paragraph (1) that are paid under paragraph (2) as follows:
                    ``(A) Bonus bids.--Deposits of bonus bids from a 
                leased tract, including interest thereon, shall be 
                allocated at the end of each fiscal year to the 
                Adjacent State.
                    ``(B) Royalties.--Deposits of royalties and net 
                profit shares from a leased tract, including interest 
                thereon, shall be allocated at the end of each fiscal 
                year as follows:
                            ``(i) 50 percent to the Adjacent State.
                            ``(ii) 50 percent, in equal amounts, to all 
                        States, including the Adjacent State, that--
                                    ``(I) have a coastline point within 
                                300 miles of the center of the leased 
                                tract; and
                                    ``(II) allow leasing within at 
                                least 25 percent of the portion of each 
                                State's Adjacent Zone that is within 75 
                                miles of the coastline.
                    ``(C) Limitation if not admitted to the union as a 
                state.--Any territory of the United States shall only 
                be entitled to one-half of a State share under this 
                paragraph.
    ``(c) Payment of Allocations.--
            ``(1) In general.--Not later than 90 days after the end of 
        each fiscal year, the Secretary shall pay--
                    ``(A) to each State 60 percent of such State's 
                allocations under subsection b)(3) for the preceding 
                fiscal year, together with all accrued interest 
                thereon; and
                    ``(B) to the coastal county-equivalents and 
                municipal political subdivisions of such State a total 
                of 40 percent of such State's allocations under 
                subsection (b)(3) for the preceding fiscal year, 
                together with all accrued interest thereon, allocated 
                among such county equivalents and subdivision in 
                accordance with paragraph (2).
            ``(2) Allocations to coastal county-equivalent political 
        subdivisions.--The Secretary shall make an initial allocation 
        of the OCS Receipts to be paid with respect to a State under 
        paragraph (1)(B) for a fiscal year as follows:
                    ``(A) 25 percent shall be allocated among coastal 
                county-equivalent political subdivisions of the State 
                that each--
                            ``(i) are completely more than 25 miles 
                        landward of the coastline of the State; and
                            ``(ii) have a part of which that lies not 
                        more than 75 miles landward from the coastline,
                based on the population of such subdivisions.
                    ``(B) 75 percent shall be allocated among coastal 
                county-equivalent political subdivisions of the State 
                that each are completely or partially less than 25 
                miles landward of the coastline, of which--
                            ``(i) 25 percent shall be allocated based 
                        on the ratio of each such subdivision's 
                        population to the coastal population of all 
                        such subdivisions;
                            ``(ii) 25 percent shall be allocated based 
                        on the ratio of the coastline miles of each 
                        such subdivision's to the coastline miles of 
                        all such subdivisions of the State, as 
                        calculated by the Secretary with each such 
                        subdivisions without a coastline considered to 
                        have 50 percent of the average coastline miles 
                        of such subdivisions that do have coastlines; 
                        and
                            ``(iii) 50 percent shall be allocated 
                        equally to all such subdivisions having a 
                        coastline point within 300 miles of the center 
                        of the leased tract with respect to which OCS 
                        Receipts are paid.
            ``(3) Allocations to coastal municipal political 
        subdivisions.--The initial allocation to each coastal county-
        equivalent political subdivision under paragraph (2) shall be 
        further allocated to the coastal county-equivalent political 
        subdivision and any coastal municipal political subdivisions 
        located partially or wholly within the boundaries of the 
        coastal county-equivalent political subdivision, as follows:
                    ``(A) One-third shall be allocated to the coastal 
                county-equivalent political subdivision.
                    ``(B) Two-thirds shall be allocated on a per capita 
                basis to the municipal political subdivisions and the 
                county-equivalent political subdivision, with the 
                allocation to the latter based upon its population not 
                included within the boundaries of a municipal political 
                subdivision.
    ``(d) Investment of Deposits.--Amounts deposited under this section 
shall be invested by the Secretary of the Treasury in securities backed 
by the full faith and credit of the United States having maturities 
suitable to the needs of the account in which they are deposited and 
yielding the highest reasonably available interest rates as determined 
by the Secretary of the Treasury.
    ``(e) Use of Funds.--A recipient of funds under this section may 
use the funds for one or more of the following:
            ``(1) To reduce in-State college tuition at public 
        institutions of higher learning and otherwise support public 
        education, including career technical education.
            ``(2) To make transportation infrastructure improvements.
            ``(3) To reduce taxes.
            ``(4) To promote, fund, and provide for--
                    ``(A) coastal or environmental restoration;
                    ``(B) fish, wildlife, and marine life habitat 
                enhancement;
                    ``(C) waterways construction and maintenance;
                    ``(D) levee construction and maintenance and shore 
                protection; and
                    ``(E) marine and oceanographic education and 
                research.
            ``(5) To promote, fund, and provide for--
                    ``(A) infrastructure associated with energy 
                production activities conducted on the outer 
                Continental Shelf;
                    ``(B) energy demonstration projects;
                    ``(C) supporting infrastructure for shore-based 
                energy projects;
                    ``(D) State geologic programs, including geologic 
                mapping and data storage programs, and State 
                geophysical data acquisition;
                    ``(E) State seismic monitoring programs, including 
                operation of monitoring stations;
                    ``(F) development of oil and gas resources through 
                enhanced recovery techniques;
                    ``(G) alternative energy development, including bio 
                fuels, coal-to-liquids, oil shale, tar sands, 
                geothermal, geopressure, wind, waves, currents, hydro, 
                and other renewable energy;
                    ``(H) energy efficiency and conservation programs; 
                and
                    ``(I) front-end engineering and design for 
                facilities that produce liquid fuels from hydrocarbons 
                and other biological matter.
            ``(6) To promote, fund, and provide for--
                    ``(A) historic preservation programs and projects;
                    ``(B) natural disaster planning and response; and
                    ``(C) hurricane and natural disaster insurance 
                programs.
    ``(f) No Accounting Required.--No recipient of funds under this 
section shall be required to account to the Federal Government for the 
expenditure of such funds, except as otherwise may be required by law. 
However, States may enact legislation providing for accounting for and 
auditing of such expenditures. Funds allocated under this section to 
States and political subdivisions may be used as matching funds for 
other Federal programs.
    ``(g) Effect of Future Laws.--Enactment after the date of the 
enactment of the Energy Security and Employment Act of any Federal 
statute that has the effect, as determined by the Secretary, of 
restricting any Federal agency from spending appropriated funds, or 
otherwise preventing it from fulfilling its preexisting 
responsibilities as of the date of enactment of the statute (unless 
such responsibilities have been reassigned to another Federal agency by 
the statute with no prevention of performance) to issue any permit or 
other approval impacting on the OCS oil and gas leasing program, or any 
lease issued thereunder, or to implement any provision of this Act 
shall automatically prohibit any payment of OCS Receipts under this 
section directly to States, and their coastal political subdivisions, 
for the duration of the restriction. The Secretary shall make the 
determination of the existence of such restricting effects within 30 
days of a petition by any outer Continental Shelf lessee or producing 
State.
    ``(h) Definitions.--In this section:
            ``(1) Adjacent state.--The term `Adjacent State' means, 
        with respect to any program, plan, lease sale, leased tract or 
        other activity, proposed, conducted, or approved pursuant to 
        the provisions of this Act, any State the laws of which are 
        declared to be the law of the United States for the portion of 
        the outer Continental Shelf on which such program, plan, lease 
        sale, leased tract, or activity appertains or is, or is 
        proposed to be, conducted.
            ``(2) Adjacent zone and state adjacent zone.--Each of the 
        terms `Adjacent Zone' and `State Adjacent Zone' means, with 
        respect to any program, plan, lease sale, leased tract, or 
        other activity, proposed, conducted, or approved under this 
        Act, the portion of the outer Continental Shelf for which the 
        laws of a particular Adjacent State are declared to be the law 
        of the United States.
            ``(3) Bonus bids.--The term `bonus bid' means all funds 
        received by the Secretary to issue an outer Continental Shelf 
        mineral lease.
            ``(4) Coastal county-equivalent political subdivision.--The 
        term `coastal county-equivalent political subdivision' means a 
        political jurisdiction immediately below the level of State 
        government, including a county, parish, borough in Alaska, 
        independent municipality that is not part of a county, parish, 
        or borough in Alaska, or other equivalent subdivision of a 
        coastal State, that lies within the coastal zone.
            ``(5) Coastal municipal political subdivision.--The term 
        `coastal municipal political subdivision' means a municipality 
        located within and part of a county, parish, borough in Alaska, 
        or other equivalent subdivision of a State, all or part of 
        which coastal municipal political subdivision lies within the 
        coastal zone.
            ``(6) Coastal population.--The term `coastal population' 
        means the population of all coastal county-equivalent political 
        subdivisions, as determined by the most recent official data of 
        the Census Bureau.
            ``(7) Coastal zone.--The term `coastal zone' means that 
        portion of a coastal State, including the entire territory of 
        any coastal county-equivalent political subdivision at least a 
        part of which lies, within 75 miles landward from the 
        coastline, or a greater distance as determined by State law 
        enacted to implement this section.
            ``(8) OCS receipts.--The term `OCS Receipts' means bonus 
        bids and royalties, excluding royalties from leases amended 
        under the authority of section 8(s) of this Act.
            ``(9) Producing state.--The term `producing State' means an 
        Adjacent State having an Adjacent Zone containing a leased 
        tract from which OCS Receipts are derived.
            ``(10) Royalty.--The term `royalty' means all funds 
        received by the United States from production of oil or natural 
        gas, or the sale of production taken in-kind, or from net 
        profit shares, from an outer Continental Shelf mineral 
        lease.''.

                    Subtitle B--Arctic Coastal Plain

SEC. 111. DEFINITIONS.

    In this subtitle:
            (1) Coastal plain.--The term ``Coastal Plain'' means that 
        area identified as the ``1002 Coastal Plain Area'' on the map.
            (2) Federal agreement.--The term ``Federal Agreement'' 
        means the Federal Agreement and Grant Right-of-Way for the 
        Trans-Alaska Pipeline issued on January 23, 1974, in accordance 
        with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and 
        the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et 
        seq.).
            (3) Final statement.--The term ``Final Statement'' means 
        the final legislative environmental impact statement on the 
        Coastal Plain, dated April 1987, and prepared pursuant to 
        section 1002 of the Alaska National Interest Lands Conservation 
        Act (16 U.S.C. 3142) and section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
            (4) Map.--The term ``map'' means the map entitled ``Arctic 
        National Wildlife Refuge'', dated September 2005, and prepared 
        by the United States Geological Survey.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior (or the designee of the Secretary), acting 
        through the Director of the Bureau of Land Management, in 
        consultation with the Director of the United States Fish and 
        Wildlife Service.

SEC. 112. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.

    (a) In General.--The Secretary shall take such actions as are 
necessary--
            (1) to establish and implement, in accordance with this 
        subtitle, a competitive oil and gas leasing program that will 
        result in an environmentally sound program for the exploration, 
        development, and production of the oil and gas resources of the 
        Coastal Plain; and
            (2) to administer this subtitle through regulations, lease 
        terms, conditions, restrictions, prohibitions, stipulations, 
        and other provisions that require the application of the best 
        commercially available technology for oil and gas exploration, 
        development, and production to all exploration, development, 
        and production operations under this subtitle in a manner that 
        ensures the receipt of fair market value by the public for the 
        mineral resources to be leased.
    (b) Repeal.--
            (1) Repeal.--Section 1003 of the Alaska National Interest 
        Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
            (2) Conforming amendment.--The table of contents contained 
        in section 1 of that Act (16 U.S.C. 3101 note) is amended by 
        striking the item relating to section 1003.
    (c) Compliance With Requirements From Certain Other Laws.--
            (1) Adequacy of the department of the interior's 
        legislative environmental impact statement.--The ``Final 
        Legislative Environmental Impact Statement'' (April 1987) on 
        the Coastal Plain prepared pursuant to section 1002 of the 
        Alaska National Interest Lands Conservation Act (16 U.S.C. 
        3142) and section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy 
        the requirements under the National Environmental Policy Act of 
        1969 that apply with respect to prelease activities under this 
        subtitle, including actions authorized to be taken by the 
        Secretary to develop and promulgate the regulations for the 
        establishment of a leasing program authorized by this subtitle 
        before the conduct of the first lease sale.
            (2) Compliance with nepa for other actions.--
                    (A) In general.--Before conducting the first lease 
                sale under this subtitle, the Secretary shall prepare 
                an environmental impact statement in accordance with 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) with respect to the actions 
                authorized by this subtitle that are not referred to in 
                paragraph (1).
                    (B) Identification and analysis.--Notwithstanding 
                any other provision of law, in carrying out this 
                paragraph, the Secretary shall not be required--
                            (i) to identify nonleasing alternative 
                        courses of action; or
                            (ii) to analyze the environmental effects 
                        of those courses of action.
                    (C) Identification of preferred action.--Not later 
                than 18 months after the date of enactment of this Act, 
                the Secretary shall--
                            (i) identify only a preferred action and a 
                        single leasing alternative for the first lease 
                        sale authorized under this subtitle; and
                            (ii) analyze the environmental effects and 
                        potential mitigation measures for those 2 
                        alternatives.
                    (D) Public comments.--In carrying out this 
                paragraph, the Secretary shall consider only public 
                comments that are filed not later than 20 days after 
                the date of publication of a draft environmental impact 
                statement.
                    (E) Effect of compliance.--Notwithstanding any 
                other provision of law, compliance with this paragraph 
                shall be considered to satisfy all requirements for the 
                analysis and consideration of the environmental effects 
                of proposed leasing under this subtitle.
    (d) Relationship to State and Local Authority.--Nothing in this 
subtitle expands or limits any State or local regulatory authority.
    (e) Special Areas.--
            (1) Designation.--
                    (A) In general.--The Secretary, after consultation 
                with the State of Alaska, the North Slope Borough, 
                Alaska, and the City of Kaktovik, Alaska, may designate 
                not more than 45,000 acres of the Coastal Plain as a 
                special area if the Secretary determines that the 
                special area would be of such unique character and 
                interest as to require special management and 
                regulatory protection.
                    (B) Sadlerochit spring area.--The Secretary shall 
                designate as a special area in accordance with 
                subparagraph (A) the Sadlerochit Spring area, 
                comprising approximately 4,000 acres as depicted on the 
                map.
            (2) Management.--The Secretary shall manage each special 
        area designated under this subsection in a manner that 
        preserves the unique and diverse character of the area, 
        including fish, wildlife, subsistence resources, and cultural 
        values of the area.
            (3) Exclusion from leasing or surface occupancy.--
                    (A) In general.--The Secretary may exclude any 
                special area designated under this subsection from 
                leasing.
                    (B) No surface occupancy.--If the Secretary leases 
                all or a portion of a special area for the purposes of 
                oil and gas exploration, development, production, and 
                related activities, there shall be no surface occupancy 
                of the land comprising the special area.
            (4) Directional drilling.--Notwithstanding any other 
        provision of this subsection, the Secretary may lease all or a 
        portion of a special area under terms that permit the use of 
        horizontal drilling technology from sites on lease tracts 
        located outside the special area.
    (f) Limitation on Closed Areas.--The Secretary may not close land 
within the Coastal Plain to oil and gas leasing or to exploration, 
development, or production except in accordance with this subtitle.
    (g) Regulations.--
            (1) In general.--Not later than 15 months after the date of 
        enactment of this Act, the Secretary shall promulgate such 
        regulations as are necessary to carry out this subtitle, 
        including rules and regulations relating to protection of the 
        fish and wildlife, fish and wildlife habitat, subsistence 
        resources, and environment of the Coastal Plain.
            (2) Revision of regulations.--The Secretary shall 
        periodically review and, as appropriate, revise the rules and 
        regulations issued under paragraph (1) to reflect any 
        significant biological, environmental, scientific or 
        engineering data that come to the attention of the Secretary.

SEC. 113. LEASE SALES.

    (a) In General.--Land may be leased pursuant to this subtitle to 
any person qualified to obtain a lease for deposits of oil and gas 
under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
    (b) Procedures.--The Secretary shall, by regulation, establish 
procedures for--
            (1) receipt and consideration of sealed nominations for any 
        area in the Coastal Plain for inclusion in, or exclusion (as 
        provided in subsection (c)) from, a lease sale;
            (2) the holding of lease sales after that nomination 
        process; and
            (3) public notice of and comment on designation of areas to 
        be included in, or excluded from, a lease sale.
    (c) Lease Sale Bids.--Lease sales under this subtitle may be 
conducted through an Internet leasing program, if the Secretary 
determines that such a system will result in savings to the taxpayer, 
an increase in the number of bidders participating, and higher returns 
than oral bidding or a sealed bidding system.
    (d) Acreage Minimum in First Sale.--For the first lease sale under 
this subtitle, the Secretary shall offer for lease those tracts the 
Secretary considers to have the greatest potential for the discovery of 
hydrocarbons, taking into consideration nominations received pursuant 
to subsection (b)(1), but in no case less than 200,000 acres.
    (e) Timing of Lease Sales.--The Secretary shall--
            (1) not later than 22 months after the date of enactment of 
        this Act, conduct the first lease sale under this subtitle;
            (2) not later than 90 days after the date of the completion 
        of such sale, evaluate the bids in the sale and issue leases 
        resulting from the sale; and
            (3) conduct additional lease sales under this subtitle at 
        appropriate intervals if sufficient interest in exploration or 
        development exists to warrant the conduct of the additional 
        sales.

SEC. 114. GRANT OF LEASES BY THE SECRETARY.

    (a) In General.--On payment by a lessee of such bonus as may be 
accepted by the Secretary, the Secretary may grant to the highest 
responsible qualified bidder in a lease sale conducted pursuant to 
section 113 a lease for any land on the Coastal Plain.
    (b) Subsequent Transfers.--
            (1) In general.--No lease issued under this subtitle may be 
        sold, exchanged, assigned, sublet, or otherwise transferred 
        except with the approval of the Secretary.
            (2) Condition for approval.--Before granting any approval 
        described in paragraph (1), the Secretary shall consult with 
        and give due consideration to the opinion of the Attorney 
        General.

SEC. 115. LEASE TERMS AND CONDITIONS.

    An oil or gas lease issued pursuant to this subtitle shall--
            (1) provide for the payment of a royalty of not less than 
        12\1/2\ percent of the amount or value of the production 
        removed or sold under the lease, as determined by the Secretary 
        in accordance with regulations applicable to other Federal oil 
        and gas leases;
            (2) require that each lessee of land within the Coastal 
        Plain shall be fully responsible and liable for the reclamation 
        of land within the Coastal Plain and any other Federal land 
        that is adversely affected in connection with exploration, 
        development, production, or transportation activities within 
        the Coastal Plain conducted by the lessee or by any of the 
        subcontractors or agents of the lessee;
            (3) provide that the lessee may not delegate or convey, by 
        contract or otherwise, that reclamation responsibility and 
        liability to another person without the express written 
        approval of the Secretary;
            (4) provide that the standard of reclamation for land 
        required to be reclaimed under this subtitle shall be, to the 
        maximum extent practicable--
                    (A) a condition capable of supporting the uses that 
                the land was capable of supporting prior to any 
                exploration, development, or production activities; or
                    (B) on application by the lessee, to a higher or 
                better standard, as approved by the Secretary;
            (5) contain terms and conditions relating to protection of 
        fish and wildlife, fish and wildlife habitat, subsistence 
        resources, and the environment as required under section 
        112(g)(1);
            (6) provide that each lessee, and each agent and contractor 
        of a lessee, use their best efforts to provide a fair share of 
        employment and contracting for Alaska Natives and Alaska Native 
        Corporations from throughout the State of Alaska, as determined 
        by the level of obligation previously agreed to in the Federal 
        Agreement; and
            (7) contain such other provisions as the Secretary 
        determines to be necessary to ensure compliance with this 
        subtitle and the regulations promulgated under this subtitle.

SEC. 116. EXPEDITED JUDICIAL REVIEW.

    (a) Filing of Complaints.--
            (1) Deadline.--A complaint seeking judicial review of a 
        provision of this subtitle or an action of the Secretary under 
        this subtitle shall be filed--
                    (A) except as provided in subparagraph (B), during 
                the 90-day period beginning on the date on which the 
                action being challenged was carried out; or
                    (B) in the case of a complaint based solely on 
                grounds arising after the 90-day period described in 
                subparagraph (A), by not later than 90 days after the 
                date on which the complainant knew or reasonably should 
                have known about the grounds for the complaint.
            (2) Venue.--A complaint seeking judicial review of a 
        provision of this subtitle or an action of the Secretary under 
        this subtitle shall be filed in the United States District 
        Court for the District of Columbia.
            (3) Scope.--
                    (A) In general.--Judicial review of a decision of 
                the Secretary relating to a lease sale under this 
                subtitle (including an environmental analysis of such a 
                lease sale) shall be--
                            (i) limited to a review of whether the 
                        decision is in accordance with this subtitle; 
                        and
                            (ii) based on the administrative record of 
                        the decision.
                    (B) Presumptions.--Any identification by the 
                Secretary of a preferred course of action relating to a 
                lease sale, and any analysis by the Secretary of 
                environmental effects, under this subtitle shall be 
                presumed to be correct unless proven otherwise by clear 
                and convincing evidence.
    (b) Limitation on Other Review.--Any action of the Secretary that 
is subject to judicial review under this section shall not be subject 
to judicial review in any civil or criminal proceeding for enforcement.
    (c) Relationship to Other Provisions.--Subtitle B of title II shall 
not affect the application of this section.

SEC. 117. RIGHTS-OF-WAY AND EASEMENTS ACROSS THE COASTAL PLAIN.

    (a) In General.--The Secretary shall issue rights-of-way and 
easements across the Coastal Plain for the transportation of oil and 
gas--
            (1) except as provided in paragraph (2), under section 28 
        of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
        title XI of the Alaska National Interest Lands Conservation Act 
        (16 U.S.C. 3161 et seq.); and
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170, 3171).
    (b) Regulations.--The Secretary shall include in regulations under 
section 112(g) provisions governing the granting of rights-of-way and 
easements described in subsection (a).

SEC. 118. CONVEYANCE.

    Notwithstanding section 1302(h)(2) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on 
title to land, and to clarify land ownership patterns in the Coastal 
Plain, the Secretary shall--
            (1) to the extent necessary to fulfill the entitlement of 
        the Kaktovik Inupiat Corporation under sections 12 and 14 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), 
        as determined by the Secretary, convey to that Corporation the 
        surface estate of the land described in paragraph (1) of Public 
        Land Order 6959, in accordance with the terms and conditions of 
        the agreement between the Secretary, the United States Fish and 
        Wildlife Service, the Bureau of Land Management, and the 
        Kaktovik Inupiat Corporation, dated January 22, 1993; and
            (2) convey to the Arctic Slope Regional Corporation the 
        remaining subsurface estate to which that Corporation is 
        entitled under the agreement between that corporation and the 
        United States, dated August 9, 1983.

         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.

    (a) Repeal of Limitation on Use of Funds.--Section 433 of division 
F of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 
Stat. 2152) is repealed.
    (b) Issuance of Regulations.--The Secretary of the Interior shall 
issue all regulations necessary to implement section 369 of the Energy 
Policy Act of 2005 (42 U.S.C. 15927) with respect to oil shale by not 
later than 60 days after the date of the enactment of this Act. Such 
regulations shall include such safeguards and assurances as the 
Secretary considers necessary to allow States to exercise their 
regulatory and statutory authorities under State law, consistent with 
otherwise applicable Federal law.
    (c) Leasing of Oil Shale Resource.--Immediately after issuing 
regulations under subsection (b), the Secretary of the Interior shall--
            (1) offer for leasing for research and development of oil 
        shale resources under subsection (c) of section 369 of the 
        Energy Policy Act of 2005 (42 U.S.C. 15927), additional 160-
        acre tracts of lands the Secretary considers necessary to 
        fulfill the research and development objectives of such Act; 
        and
            (2) offer for leasing for commercial exploration, 
        development, and production of oil shale resources under 
        subsection (e) of such section, public lands in States for 
        which the Secretary finds sufficient support and interest as 
        required by that subsection.

         Subtitle B--Judicial Review Regarding Energy Projects

SEC. 211. DEFINITIONS.

    In this subtitle:
            (1) The term ``covered civil action'' means a civil action 
        containing a claim under section 702 of title 5, United States 
        Code, regarding agency action (as defined for the purposes of 
        that section) affecting a covered energy project on Federal 
        lands of the United States.
            (2) The term ``covered energy project'' means any action or 
        decision by the President or a Federal official regarding the 
        leasing of Federal lands (including submerged lands) for the 
        exploration, development, production, processing, or 
        transmission of oil, natural gas, or any other source or form 
        of energy, including actions and decisions regarding the 
        selection or offering of Federal lands for such leasing, or 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. 212. JURISDICTION OVER CAUSES AND CLAIMS RELATING TO COVERED 
              ENERGY PROJECTS.

    Venue for any covered civil action shall lie in the district court 
where a project or lease tract exists or is proposed.

SEC. 213. TIME FOR FILING COMPLAINT.

    All causes and claims arising from a covered energy project must be 
filed not later than the end of the 90-day period beginning on the date 
of the action or decision by a Federal official that constitutes the 
covered energy project concerned. Any cause or claim not filed within 
that time period shall be barred.

SEC. 214. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

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

SEC. 215. 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 clear and convincing evidence contained in the 
administrative record.

SEC. 216. 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, a court shall limit the duration 
of a preliminary injunction to halt a covered energy projects to no 
more than 60 days, unless the court finds clear reasons to extend the 
injunction. In such case of an extension, such extension shall only be 
in a 30-day increment and shall require action by the court to renew 
the injunction.

SEC. 217. 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. 218. LEGAL STANDING.

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

                     Subtitle C--Permitting Reform

SEC. 221. PURPOSES.

    The purposes of this subtitle are to--
            (1) respond to the Nation's increased need for domestic 
        energy resources;
            (2) facilitate interagency coordination and cooperation in 
        the processing of permits required to support oil and gas use 
        authorization on Federal lands, both onshore and on the Outer 
        Continental Shelf, in order to achieve greater consistency, 
        certainty, and timeliness in permit processing requirements;
            (3) promote process streamlining and increased interagency 
        efficiency, including elimination of interagency duplication of 
        effort;
            (4) improve information sharing among agencies and 
        understanding of respective agency roles and responsibilities;
            (5) promote coordination with State agencies with expertise 
        and responsibilities related to Federal oil and gas permitting 
        decisions;
            (6) promote responsible stewardship of Federal oil and gas 
        resources;
            (7) maintain high standards of safety and environmental 
        protection; and
            (8) enhance the benefits to Federal permitting already 
        occurring as a result of a coordinated and timely interagency 
        process for oil and gas permit review for certain Federal oil 
        and gas leases.

SEC. 222. FEDERAL COORDINATOR.

    (a) Establishment.--There is established, as an independent agency 
in the Executive Branch, the Office of the Federal Oil and Gas Permit 
Coordinator.
    (b) Federal Permit Coordinator.--The Office shall be headed by a 
Federal Permit Coordinator, who shall be appointed by the President 
within 90 days after the date of enactment of this Act.
    (c) Duties.--The Federal Permit Coordinator shall be responsible 
for the following:
            (1) Coordinating the timely completion of all permitting 
        activities by Federal agencies, and State agencies to the 
        maximum extent practicable, with respect to any oil and gas 
        project under a Federal lease issued pursuant to the mineral 
        leasing laws, either onshore or on the Outer Continental Shelf, 
        including (for purposes of this subtitle only) any oil shale 
        project under a Federal oil shale lease.
            (2) Ensuring the compliance of Federal agencies, and State 
        agencies to the extent they participate, with this subtitle.

SEC. 223. REGIONAL OFFICES AND REGIONAL PERMIT COORDINATORS.

    (a) Regional Offices.--Within 90 days after the date of appointment 
of the Federal Permit Coordinator, the Secretary of the Interior, in 
consultation with the Federal Permit Coordinator, shall establish 
regional offices to coordinate review of Federal permits for oil and 
gas projects on Federal lands onshore and on the Outer Continental 
Shelf.
    (b) Number and Location of Regional Offices.--The number of 
regional offices shall be established by the Secretary in consultation 
with the Federal Permit Coordinator. The Secretary shall ensure that 
there is an adequate number of offices in each region proximate to 
available Federal oil and gas lease tracts onshore and on the Outer 
Continental Shelf to meet the demands for expeditious permitting in 
that region. The Secretary shall designate as regional offices under 
this section all offices established under section 365 of the Energy 
Policy Act of 2005 (42 U.S.C. 15924).
    (c) Memorandum of Understanding.--Within 90 days after the 
appointment of the Federal Permit Coordinator, the Federal Permit 
Coordinator, the Secretary, the Secretary of Agriculture, the Secretary 
of Commerce, the Secretary of Homeland Security, the Administrator of 
the Environmental Protection Agency, the Secretary of Defense, and the 
head of any other Federal agency with responsibilities related to 
permitting of Federal oil and gas leases, shall enter into a memorandum 
of understanding establishing respective duties and responsibilities 
for staffing the regional offices and accomplishing the objectives of 
this section.
    (d) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date of 
        signing of the MOU, all Federal signatory agencies shall assign 
        to each regional office the appropriate employees with 
        expertise in the oil and gas permitting issues relating to that 
        office, including, but not limited to, with respect to--
                    (A) consultation and 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.);
                    (E) the preparation of analyses under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.);
                    (F) applications for permits to drill under the 
                Mineral Leasing Act (30 U.S.C. 181 et seq.); and
                    (G) exploration plans and development and 
                production plans under the Outer Continental Shelf 
                Lands Act (43 U.S.C. 1331 et seq.).
            (2) Preference and incentives.--To the maximum extent 
        practicable, for purposes of this subsection, Federal agencies 
        shall give preference to employees volunteering for 
        reassignment to the regional offices, and shall offer 
        incentives to attract and retain regional office employees, 
        including, but not limited to, retaining contract employees, 
        rotational assignments, salary incentives of up to 120 percent 
        of an employee's existing salary immediately prior to 
        reassignment, or any combination of strategies.
    (e) Duties.--Each employee assigned under subsection (d) shall--
            (1) within 90 days after the date of assignment, report to 
        the regional office to which the employee is assigned;
            (2) be responsible for all issues relating to the 
        jurisdiction of the home office or agency of the employee; and
            (3) participate as part of the team working on proposed oil 
        and gas projects, planning, and environmental analyses.
    (f) Creation of and Delegation of Authority to Regional Permit 
Coordinators.--The Federal Permit Coordinator shall appoint a Regional 
Permit Coordinator to be located within each regional office 
established under this section, with full authority to act on behalf of 
the Federal Permit Coordinator.
    (g) Additional Personnel.--The Federal Permit Coordinator or 
Regional Permit Coordinators may at any time direct that any Federal 
agency party to the MOU under subsection (c) assign additional staff 
required to implement the duties of the regional offices.

SEC. 224. REVIEWS AND ACTIONS OF FEDERAL AGENCIES.

    (a) Schedules for Timely Permit Decisionmaking.--Within 10 days 
after the date on which the Secretary receives any oil and gas permit 
application or amended application, the Secretary shall either notify 
the applicant that the application is complete or notify the applicant 
that information is missing and specify the information that is 
required to be submitted for the application to be complete. Within 30 
days after notifying a permit applicant that an application is 
complete, the Secretary, in consultation with the permit applicant as 
necessary, shall determine and inform the Regional Permit Coordinator 
responsible for that project area whether the proposed permit is a 
class I, class II, or class III permit. The Regional Permit Coordinator 
shall as soon as possible but in no event later than 30 days following 
the Secretary's determination establish a binding schedule to ensure 
the most expeditious possible review and processing of the requested 
permit, in accordance with this section.
    (b) Permit Classes and Schedules.--
            (1) Class i permits.--An oil and gas permit shall be 
        designated as a class I permit under this section if the 
        permitted activity is of a nature that would typically require 
        preparation of an environmental impact statement under NEPA to 
        inform the permitting decision. For such permits, the Regional 
        Permit Coordinator shall establish a schedule for timely 
        completion of all permit reviews and processing, not to exceed 
        30 months. The Regional Permit Coordinator shall make the 
        schedule publicly available within 10 days after the schedule 
        is established.
            (2) Class ii permits.--An oil and gas permit shall be 
        designated as a class II permit under this section if the 
        permitted activity is of a nature that would typically be found 
        not to significantly affect the quality of the human 
        environment under NEPA. For such permits, the Regional Permit 
        Coordinator shall establish the most expeditious schedule 
        possible for completion of all permit reviews and processing, 
        not to exceed 90 days. The Regional Permit Coordinator may 
        grant a one-time extension of that schedule, not to exceed 60 
        days, upon a good cause showing that additional time is 
        necessary to complete permit decisions. Not later than 15 days 
        after establishing or extending any schedule for a class II 
        permit, the Regional Permit Coordinator shall provide the 
        permit applicant with the schedule.
            (3) Class iii permits.--Notwithstanding paragraphs (1) and 
        (2), an oil and gas permit shall be designated as a class III 
        permit under this section if the permitted activity either 
        qualifies for a statutory or regulatory categorical exclusion 
        under NEPA or if the requirements under NEPA and other 
        applicable law for the permit have been completed within 30 
        days after the date of a complete application. For such 
        permits, the permit shall be issued within 30 days after the 
        date of a complete application.
            (4) Reclassification of class ii permit.--If prior to the 
        expiration of the established schedule for a class II permit 
        newly discovered information indicates that the class II permit 
        will significantly affect the quality of the human environment, 
        the Secretary may, in consultation with the permit applicant, 
        reclassify the permit as a class I permit under paragraph (1), 
        and the Regional Coordinator shall establish an amended 
        schedule that complies with the provisions of that paragraph.
    (c) Reporting.--The Regional Permit Coordinators shall include data 
on all schedule timing and compliance in their reports to the Federal 
Permit Coordinator required under subsection (i), who shall include 
such data in the report to the President and Congress required under 
subsection (i).
    (d) Dispute Resolution.--The Regional Permit Coordinator shall 
resolve all administrative issues that affect oil and gas permit 
reviews. The Regional Permit Coordinator shall report jointly to the 
Federal Permit Coordinator and to the head of the relevant action 
agency, or his or her designee, for resolution of any issue regarding 
an oil and gas permit that may result in missing the schedule deadlines 
established pursuant to subsection (b). The Regional Permit 
Coordinators shall include data regarding the incidence and resolution 
of disputes under this subsection in their reports to the Federal 
Permit Coordinator required under subsection (i), who shall include 
such reported data and develop recommendations in the report to the 
President and Congress required under subsection (i).
    (e) Remedies.--An applicant for a class I permit may bring a cause 
of action to seek expedited mandamus review, if a Regional Permit 
Coordinator or the Secretary fails to--
            (1) establish a schedule in accordance with subsection (b);
            (2) enforce and ensure completion of reviews within 
        schedule deadlines; or
            (3) take all actions as are necessary and proper to avoid 
        jeopardizing the timely completion of the entire schedule.
If an agency fails to complete its review of and issue a decision upon 
a permit within the schedule established by the court, that permit 
shall be deemed granted to the applicant.
    (f) Prohibition of Certain Terms and Conditions.--No Federal agency 
may include in any permit, right-of-way, or other authorization issued 
for an oil and gas project subject to the provisions of this subtitle, 
any term or condition that may be authorized, but is not required, by 
the provisions of any applicable law, if the Federal Permit Coordinator 
determines that such term or condition would prevent or impair in any 
significant respect completion of a permit review within the time 
schedule established pursuant to subsection (b) or would otherwise 
impair in any significant respect expeditious oil and gas development.
    (g) Consolidated Record.--The Federal Permit Coordinator, acting 
through the appropriate Regional Permit Coordinator, with the 
cooperation of Federal and State administrative officials and agencies, 
shall maintain a complete, consolidated record of all decisions made or 
actions taken by the Federal Permit Coordinator or Regional Permit 
Coordinator or by any Federal agency with respect to any oil and gas 
permit.
    (h) Relationship to NEPA and Energy Policy Act of 2005.--
            (1) Section 390(a) of the Energy Policy Act of 2005 (42 
        U.S.C. 15942(a)) is amended--
                    (A) by striking ``rebuttable presumption that the 
                use of a''; and
                    (B) by striking ``would apply''.
            (2) Section 17(p) of the Mineral Leasing Act (30 U.S.C. 
        226(p)) is repealed.
    (i) Additional Powers and Responsibilities.--
            (1) Regional permit coordinator reports.--The Regional 
        Permit Coordinators shall each submit a report to the Federal 
        Permit Coordinator by December 31 of each year that documents 
        each office's performance in meeting the objectives under this 
        subtitle, including recommendations to further streamline the 
        permitting process.
            (2) Redirection of priorities or resources.--In order to 
        expedite overall permitting activity, the Federal Permit 
        Coordinator may redirect the priority of regional office 
        activities or the allocation of resources among such offices, 
        and shall engage the agencies that are parties to the MOU to 
        the extent such adjustments implicate their respective staffs 
        or resources.
            (3) Report to congress.--Beginning 3 years after the date 
        of enactment of this Act, the Federal Permit Coordinator shall 
        prepare and submit a report to the President and Congress by 
        April 15 of each year that outlines the results achieved under 
        this subtitle and makes recommendations to the President and 
        Congress for further improvements in processing oil and gas 
        permits on Federal lands.

SEC. 225. STATE COORDINATION.

    The Governor of any State wherein an oil and gas operation may 
require a Federal permit, or the coastline of which is in immediate 
geographic proximity to oil and gas operations on the Outer Continental 
Shelf, may be a signatory to the MOU for purposes of fulfilling any 
State responsibilities with respect to Federal oil and gas permitting 
decisions. The Regional Permit Coordinators shall facilitate and 
coordinate concurrent State reviews of requested permits for oil and 
gas projects on the Outer Continental Shelf.

SEC. 226. SAVINGS PROVISION.

    Except as expressly stated, nothing in this subtitle affects--
            (1) the applicability of any Federal or State law; or
            (2) any delegation of authority made by the head of a 
        Federal agency the employees of which are participating in the 
        implementation of this section.

SEC. 227. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--Any oil and gas permitting decision for 
Federal lands onshore or on the Outer Continental Shelf that was issued 
in accordance with the procedures established by this subtitle shall 
not be subject to further administrative review within the respective 
Federal agency responsible for that decision, and shall be the final 
decision of that agency for purposes of judicial review.
    (b) Exclusive Jurisdiction Over Permit Decisions.--Only the United 
States District Court for the District of Columbia shall have original 
jurisdiction over any civil action for the review of such a permit 
decision.
    (c) Limitations on Claims.--Notwithstanding any other provision of 
law, any action arising under Federal law seeking judicial review of a 
permit, license, or approval issued by a Federal agency for an oil and 
gas permit subject to this subtitle shall be barred unless it is filed 
within 90 days after the date of the decision. Nothing in this subtitle 
creates a right to judicial review or places any limit on filing a 
claim that a person has violated the terms of a permit, license, or 
approval.
    (d) Filing of Record.--When any civil action is brought pursuant to 
this subtitle, the Federal Permit Coordinator shall immediately prepare 
for the court a consolidated record.
    (e) Expedited Review.--The court shall endeavor to hear and 
determine any action for judicial review challenging a decision 
approved pursuant to this section as expeditiously as possible.
    (f) Expedited Mandamus Review.--Notwithstanding subsection (e), 
within 30 days after the filing of an action challenging or seeking to 
enforce an established permit review schedule for a class I permit, the 
court shall issue a decision either compelling permit issuance or 
sanctioning the delay and establishing a new schedule that enables the 
most expeditious possible completion of proceedings. In rendering its 
decision, the court shall review whether the agencies subject to the 
schedule have been acting in good faith, whether the permit applicant 
has been cooperating fully with the agencies that are responsible for 
issuing the requested permits, and any other relevant matters. The 
court may issue orders to enforce any schedule it establishes under 
this subsection.
    (g) No Private Right of Action.--This subtitle shall not be 
construed to create any additional right, benefit, or trust 
responsibility, substantive or procedural, enforceable at law or 
equity, by a person against the United States, its agencies, its 
officers, or any person.
    (h) Finality of Leasing Decisions.--Notwithstanding the provisions 
of any law or regulation to the contrary, a decision by the Department 
of the Interior to issue a Final Notice of Sale and proceed with an oil 
and gas lease sale pursuant to any mineral leasing law shall not be 
subject to further administrative review within the Department of the 
Interior, and shall be the final decision of the agency for purposes of 
judicial review.

SEC. 228. AMENDMENTS TO PUBLICATION PROCESS.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended--
            (1) by amending subsection (c)(2) to read as follows:
    ``(2) The Secretary shall publish a proposed leasing program in the 
Federal Register, and shall submit a copy of such proposed program to 
the Governor of each affected State, for review and comment. The 
Governor of a State may solicit comments from those executives of local 
governments of the State that the Governor, in the Governor's 
discretion, determines will be affected by the proposed program.'';
            (2) by striking subsection (c)(3); and
            (3) in subsection (d)(2) by inserting ``final'' after 
        ``proposed''.

SEC. 229. DEFINITIONS.

    In this subtitle:
            (1) MOU.--The term ``MOU'' means the memorandum of 
        understanding entered into under section 223(c).
            (2) NEPA.--The term ``NEPA'' means the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

    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.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Greenhouse gas.--The term ``greenhouse gas'' means any 
        of the following:
                    (A) Carbon dioxide.
                    (B) Methane.
                    (C) Nitrous oxide.
                    (D) Sulfur hexafluoride.
                    (E) Any hydrofluorocarbon.
                    (F) Any perfluorocarbon.
                    (G) Nitrogen trifluoride.
                    (H) Any other substance subject to regulation, 
                action, or consideration due to the contribution of the 
                substance to climate change.
            (3) Stationary source.--The term ``stationary source'' has 
        the meaning given the term in section 302 of the Clean Air Act 
        (42 U.S.C. 7602).
    (b) Regulation of Greenhouse Gases.--
            (1) Regulation, action, and consideration for effects other 
        than climate change.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the President or the head of a Federal department 
                or agency may not promulgate regulations providing for 
                the control of emissions of a greenhouse gas, enforce 
                or implement any law (including a regulation) enacted 
                or promulgated as of the date of enactment of this Act 
                that provides for the control of emissions of a 
                greenhouse gas, take action relating to or take into 
                consideration the climate effects of emissions of a 
                greenhouse gas, consider climate effects in 
                implementing or enforcing any law (including a 
                regulation), or condition or deny any approval based on 
                climate effects.
                    (B) Exception.--The limitation under subparagraph 
                (A) does not prohibit--
                            (i) regulation of, action with respect to, 
                        or consideration of a greenhouse gas under 
                        title VI of the Clean Air Act (42 U.S.C. 7671 
                        et seq.) other than for the potential or actual 
                        effect of the greenhouse gas on climate change; 
                        or
                            (ii) voluntary incentive programs to 
                        promote the development or deployment of 
                        technologies that reduce greenhouse gas 
                        emissions.
                    (C) Exclusive authority; cafe regulations; 
                challenges to rules.--
                            (i) Exclusive authority.--The authority of 
                        the Secretary of Transportation under chapter 
                        329 of title 49, United States Code--
                                    (I) does not include any authority 
                                with respect to greenhouse gases; and
                                    (II) is unaffected by this section.
                            (ii) CAFE regulations.--Notwithstanding any 
                        provision to the contrary in this Act, the 
                        requirements set forth in the final rule 
                        entitled ``Light-Duty Vehicle Greenhouse Gas 
                        Emission Standards and Corporate Average Fuel 
                        Economy Standards; Final Rule'' (75 Fed. Reg. 
                        25324 (May 7, 2010)), and the final rule 
                        entitled ``2017 and Later Model Year Light-Duty 
                        Vehicle Greenhouse Gas Emissions and Corporate 
                        Average Fuel Economy Standards'' (77 Fed. Reg. 
                        62624 (October 15, 2012)), shall remain in 
                        effect without further modification or 
                        revision.
                            (iii) Challenges to rules.--Nothing in this 
                        paragraph affects--
                                    (I) any challenge to the final rule 
                                described in clause (ii) that--
                                            (aa) as of the date of 
                                        enactment of this Act, is 
                                        pending in court; or
                                            (bb) is filed after that 
                                        date of enactment; or
                                    (II) any pending or future 
                                challenge to any current or future 
                                rules promulgated under the authority 
                                referred to in clause (i).
                    (D) Certain prior agency actions.--Except as 
                provided in subparagraph (C), each rule promulgated and 
                action taken by the Administrator before the date of 
                enactment of this Act to regulate greenhouse gases for 
                effects relating to atmospheric concentrations of 
                greenhouse gases (including climate change), shall have 
                no force or effect.
                    (E) Regulation under other provisions.--
                            (i) In general.--Neither the regulations 
                        referred to in subparagraph (C)(ii) nor any 
                        other provision of law (including a regulation) 
                        or action relating to greenhouse gases shall--
                                    (I) have any impact on the 
                                regulation of stationary sources under 
                                title I of the Clean Air Act (42 U.S.C. 
                                7401 et seq.); or
                                    (II) be considered to be the 
                                regulation of pollutants under that Act 
                                (42 U.S.C. 7401 et seq.) for any 
                                purpose (other than for the regulation 
                                of greenhouse gas emissions for light-
                                duty motor vehicles from model years 
                                2012 and later, as required by the 
                                rules described in subparagraph 
                                (C)(ii)), including for the purpose of 
                                issuing permits or establishing 
                                regulatory standards.
                            (ii) Requests for waivers.--Section 209(b) 
                        of the Clean Air Act (42 U.S.C. 7543(b)) is 
                        amended by adding at the end the following:
            ``(4) Requests for waivers.--Notwithstanding any other 
        provision of this Act or any other law--
                    ``(A) no request for a waiver of the application of 
                this section by any State for standards to control 
                emissions of any air pollutant that is a greenhouse gas 
                (as defined in section 301 of the Energy Security and 
                Employment Act) from new motor vehicles or new motor 
                vehicle engines of model year 2017 or later may be 
                granted by the Administrator; and
                    ``(B) no grant of any waiver by the Administrator 
                before the date of enactment of this paragraph shall be 
                considered by the Administrator, the requesting State, 
                or any court as waiving the application of subsection 
                (a), or any other provision of this section, to 
                standards adopted by the State for control of emissions 
                of any air pollutant that is a greenhouse gas (as 
                defined in section 301 of the Energy Security and 
                Employment Act) from new motor vehicles or new motor 
                vehicle engines of model year 2017 or later.''.
                    (F) Impacts on state laws.--
                            (i) In general.--Any provision of a State 
                        implementation plan designating greenhouse 
                        gases as pollutants that are subject to 
                        regulation or as regulated pollutants, or 
                        otherwise authorizing or requiring limitations 
                        on the emission of greenhouse gases under State 
                        law--
                                    (I) shall not be federally 
                                enforceable;
                                    (II) shall not be deemed to be 
                                Federal law; and
                                    (III) shall be deemed to be 
                                stricken from the State implementation 
                                plan.
                            (ii) Authority of states.--
                                    (I) In general.--Subject to 
                                subclause (II), nothing in this section 
                                affects any State law (including a 
                                regulation) or the authority of any 
                                State to adopt a law or promulgate a 
                                regulation.
                                    (II) Authority of administrator.--
                                Notwithstanding subclause (I), the 
                                Administrator shall have no authority 
                                to approve or make federally 
                                enforceable any provision of a State 
                                implementation plan requiring the 
                                control of greenhouse gas emissions.
                                    (III) Amendment of existing laws.--
                                If, as a result of the regulations 
                                described in subparagraph (D), a State 
                                adopted any law (including a 
                                regulation) designating greenhouse 
                                gases as pollutants that are subject to 
                                regulation or as regulated pollutants, 
                                or authorizing or requiring limitations 
                                on the emission of greenhouse gases 
                                under State law, the State may amend 
                                the adopted law to remove any 
                                restrictions on greenhouse gas 
                                emissions.
                            (iii) Federalization of sip requirements.--
                        The Administrator shall have no authority to 
                        approve or make federally enforceable any 
                        provision of a State implementation plan 
                        requiring the control of greenhouse gas 
                        emissions.
                    (G) Presidential findings and conclusions.--Except 
                as authorized by this paragraph or another Act of 
                Congress, the President or the head of a Federal 
                department or agency may not examine or make findings 
                or conclusions, for purposes of promulgating or issuing 
                policy, guidance, or regulations to address the impacts 
                of greenhouse gas emissions on climate change.
                    (H) Judicial review.--
                            (i) In general.--In addition to any other 
                        remedies available, any person affected by a 
                        regulation, action, or consideration concerning 
                        the control of emissions of a greenhouse gas 
                        that fails to meet the criteria described in 
                        subparagraph (A) may challenge the regulation, 
                        action, or consideration.
                            (ii) Jurisdiction.--The United States Court 
                        of Appeals for the District of Columbia Circuit 
                        shall have exclusive jurisdiction over any 
                        review of any Federal, State, or other 
                        regulation, action, or consideration challenged 
                        under clause (i).
            (2) Actions at law.--No cause of action, whether based on 
        common law or civil tort (including nuisance) or any other 
        legal or equitable theory, may be brought or maintained, and no 
        liability, money damages, or injunctive relief arising from 
        such an action may be imposed, for--
                    (A) any potential or actual contribution of a 
                greenhouse gas to climate change; or
                    (B) any direct or indirect effect of potential or 
                actual atmospheric concentrations of a greenhouse gas.
            (3) Allowances.--No State shall have authority--
                    (A) to require any entity to procure, hold, or 
                surrender allowances for the emission of greenhouse 
                gases that takes place outside of the State; or
                    (B) to otherwise--
                            (i) regulate or tax, directly or 
                        indirectly, greenhouse gas emissions produced 
                        outside of the State; or
                            (ii) to otherwise limit the importation of 
                        products or electricity into the State based on 
                        greenhouse gas emissions occurring outside the 
                        State.

SEC. 302. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS PURCHASING 
              REQUIREMENT.

    Section 526 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17142) is repealed.

SEC. 303. ELIMINATION OF BOUTIQUE FUELS.

    (a) Elimination of Multiple Fuels.--Section 211(c)(4) of the Clean 
Air Act (42 U.S.C. 7545(c)(4)) is amended to read as follows:
    ``(4) After the date of the enactment of the Energy Security and 
Employment Act no State (or political subdivision thereof) may 
prescribe or attempt to enforce any control or prohibition respecting 
any characteristic or component of a fuel or fuel additive in a motor 
vehicle or motor vehicle engine. Any such control or prohibition 
adopted before such date of enactment shall cease to have any force and 
effect on the date that is 3 years after such date of enactment.''.
    (b)  Conventional Gasoline.--Section 211(k) of the Clean Air Act 
(42 U.S.C. 7545(k)) is amended to read as follows:
    ``(k) Conventional Gasoline Required Throughout Entire Nation.--The 
Administrator shall promulgate regulations under this subsection 
requiring that all gasoline sold or introduced into commerce in the 
United States (except the noncontiguous States and territories) after 
the date that is 3 years after the date of the enactment of the Energy 
Security and Employment Act for use in a motor vehicle or motor vehicle 
engine be conventional gasoline. As used in this section, the term 
`conventional gasoline' means a single blend of gasoline identified in 
regulations of the Administrator with a uniform chemical composition in 
all regions of the country that is identical to the chemical 
composition of the gasoline most widely sold in the United States 
before the date of the enactment of the Energy Security and Employment 
Act in areas other than nonattainment areas.''.
    (c) Oxygenated Fuels.--Subsection (m) of section 211 of the Clean 
Air Act (42 U.S.C. 7545) is repealed.

                      Subtitle B--Refinery Reform

SEC. 311. REFINERY PERMITTING PROCESS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Expansion.--The term ``expansion'' means a physical 
        change that results in an increase in the capacity of a 
        refinery.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Permit.--The term ``permit'' means any permit, license, 
        approval, variance, or other form of authorization that a 
        refiner is required to obtain--
                    (A) under any Federal law; or
                    (B) from a State or Indian tribal government agency 
                delegated authority by the Federal Government, or 
                authorized under Federal law, to issue permits.
            (5) Refiner.--The term ``refiner'' means a person that--
                    (A) owns or operates a refinery; or
                    (B) seeks to become an owner or operator of a 
                refinery.
            (6) Refinery.--
                    (A) In general.--The term ``refinery'' means--
                            (i) a facility at which crude oil is 
                        refined into transportation fuel or other 
                        petroleum products; or
                            (ii) a coal liquification or coal-to-liquid 
                        facility at which coal is processed into 
                        synthetic crude oil or any other fuel.
                    (B) Inclusions.--The term ``refinery'' includes an 
                expansion of a refinery.
            (7) Refinery permitting agreement.--The term ``refinery 
        permitting agreement'' means an agreement entered into between 
        the Administrator and a State or Indian tribe under subsection 
        (b).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (9) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
    (b) Streamlining of Refinery Permitting Process.--
            (1) In general.--At the request of the Governor of a State 
        or the governing body of an Indian tribe, the Administrator 
        shall enter into a refinery permitting agreement with the State 
        or Indian tribe under which the process for obtaining all 
        permits necessary for the construction and operation of a 
        refinery shall be streamlined using a systematic 
        interdisciplinary multimedia approach as provided in this 
        section.
            (2) Authority of administrator.--Under a refinery 
        permitting agreement the Administrator shall have authority, as 
        applicable and necessary, to--
                    (A) accept from a refiner a consolidated 
                application for all permits that the refiner is 
                required to obtain to construct and operate a refinery;
                    (B) in consultation and cooperation with each 
                Federal, State, or Indian tribal government agency that 
                is required to make any determination to authorize the 
                issuance of a permit, establish a schedule under which 
                each agency shall--
                            (i) concurrently consider, to the maximum 
                        extent practicable, each determination to be 
                        made; and
                            (ii) complete each step in the permitting 
                        process; and
                    (C) issue a consolidated permit that combines all 
                permits issued under the schedule established under 
                subparagraph (B).
            (3) Agreement by the state.--Under a refinery permitting 
        agreement, a State or governing body of an Indian tribe shall 
        agree that--
                    (A) the Administrator shall have each of the 
                authorities described in paragraph (2); and
                    (B) each State or Indian tribal government agency 
                shall--
                            (i) in accordance with State law, make such 
                        structural and operational changes in the 
                        agencies as are necessary to enable the 
                        agencies to carry out consolidated project-wide 
                        permit reviews concurrently and in coordination 
                        with the Environmental Protection Agency and 
                        other Federal agencies; and
                            (ii) comply, to the maximum extent 
                        practicable, with the applicable schedule 
                        established under paragraph (2)(B).
            (4) Deadlines.--
                    (A) New refineries.--In the case of a consolidated 
                permit for the construction of a new refinery, the 
                Administrator and the State or governing body of an 
                Indian tribe shall approve or disapprove the 
                consolidated permit not later than--
                            (i) 360 days after the date of the receipt 
                        of the administratively complete application 
                        for the consolidated permit; or
                            (ii) on agreement of the applicant, the 
                        Administrator, and the State or governing body 
                        of the Indian tribe, 90 days after the 
                        expiration of the deadline established under 
                        clause (i).
                    (B) Expansion of existing refineries.--In the case 
                of a consolidated permit for the expansion of an 
                existing refinery, the Administrator and the State or 
                governing body of an Indian tribe shall approve or 
                disapprove the consolidated permit not later than--
                            (i) 120 days after the date of the receipt 
                        of the administratively complete application 
                        for the consolidated permit; or
                            (ii) on agreement of the applicant, the 
                        Administrator, and the State or governing body 
                        of the Indian tribe, 30 days after the 
                        expiration of the deadline established under 
                        clause (i).
            (5) Federal agencies.--Each Federal agency that is required 
        to make any determination to authorize the issuance of a permit 
        shall comply with the applicable schedule established under 
        paragraph (2)(B).
            (6) Judicial review.--Any civil action for review of any 
        permit determination under a refinery permitting agreement 
        shall be brought exclusively in the United States district 
        court for the district in which the refinery is located or 
        proposed to be located.
            (7) Efficient permit review.--In order to reduce the 
        duplication of procedures, the Administrator shall use State 
        permitting and monitoring procedures to satisfy substantially 
        equivalent Federal requirements under this subtitle.
            (8) Severability.--If 1 or more permits that are required 
        for the construction or operation of a refinery are not 
        approved on or before any deadline established under paragraph 
        (4), the Administrator may issue a consolidated permit that 
        combines all other permits that the refiner is required to 
        obtain other than any permits that are not approved.
            (9) Savings.--Nothing in this subsection affects the 
        operation or implementation of otherwise applicable law 
        regarding permits necessary for the construction and operation 
        of a refinery.
            (10) Consultation with local governments.--Congress 
        encourages the Administrator, States, and tribal governments to 
        consult, to the maximum extent practicable, with local 
        governments in carrying out this subsection.
            (11) Effect on local authority.--Nothing in this subsection 
        affects--
                    (A) the authority of a local government with 
                respect to the issuance of permits; or
                    (B) any requirement or ordinance of a local 
                government (such as a zoning regulation).
    (c) Fischer-Tropsch Fuel.--
            (1) In general.--In cooperation with the Secretary of 
        Energy, the Secretary of Defense, the Administrator of the 
        Federal Aviation Administration, the Secretary of Health and 
        Human Services, and Fischer-Tropsch industry representatives, 
        the Administrator shall--
                    (A) conduct a research and demonstration program to 
                evaluate the air quality benefits of ultra-clean 
                Fischer-Tropsch transportation fuel, including diesel 
                and jet fuel;
                    (B) evaluate the use of ultra-clean Fischer-Tropsch 
                transportation fuel as a mechanism for reducing engine 
                exhaust emissions; and
                    (C) submit recommendations to Congress on the most 
                effective use and associated benefits of this ultra-
                clean fuel for reducing public exposure to exhaust 
                emissions.
            (2) Guidance and technical support.--The Administrator 
        shall, to the extent necessary, issue any guidance or technical 
        support documents that would facilitate the effective use and 
        associated benefit of Fischer-Tropsch fuel and blends.
            (3) Requirements.--The program described in paragraph (1) 
        shall consider--
                    (A) the use of neat (100 percent) Fischer-Tropsch 
                fuel and blends with conventional crude oil-derived 
                fuel for heavy-duty and light-duty diesel engines and 
                the aviation sector; and
                    (B) the production costs associated with domestic 
                production of this ultra-clean fuel and prices for 
                consumers.
            (4) Reports.--The Administrator shall submit to the 
        Committee on Environment and Public Works and the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Energy and Commerce of the House of Representatives--
                    (A) not later than 1 year after the date of 
                enactment of this Act, an interim report on actions 
                taken to carry out this subsection; and
                    (B) not later than 2 years after the date of 
                enactment of this Act, a final report on actions taken 
                to carry out this subsection.

SEC. 312. EXISTING REFINERY PERMIT APPLICATION DEADLINE.

    Notwithstanding any other provision of law, applications for a 
permit for existing refinery applications shall not be considered to be 
timely if submitted after 120 days after the date of enactment of this 
Act.
                                 <all>
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