I 

113TH CONGRESS 

2D SESSION H. R. 3895 

To renew America’s founding principles by freeing Americans to produce 

more energy in the United States from all sources and contribute to 

the strength of American national security through North American 

energy independence. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2014 

Mr. DUNCAN of South Carolina (for himself, Mr. ROE of Tennessee, Mr. 

WESTMORELAND, Mr. WILSON of South Carolina, Mr. RADEL, Mr. 

MULVANEY, Mr. WILLIAMS, Mr. GINGREY of Georgia, Mrs. BLACK, Mr. 

MCCLINTOCK, Mr. GOWDY, Mr. WEBER of Texas, Mr. POE of Texas, Mr. 

KINGSTON, Mr. BROUN of Georgia, Mr. GRAVES of Georgia, Mr. GOHMERT, Mr. ROKITA, and Mr. STUTZMAN) introduced the following bill; 

which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Transportation and 

Infrastructure, Ways and Means, Agriculture, Armed Services, 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 renew America’s founding principles by freeing Americans 

to produce more energy in the United States from all 

sources and contribute to the strength of American national security through North American energy independence. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Energy Exploration 

3 and Production to Achieve National Demand Act’’ or the 

4 ‘‘EXPAND Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents for this Act is the following: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings and purposes. 

Sec. 4. Statement of policy. 

Sec. 5. Definitions. 

TITLE I—DEVELOPMENT OF FEDERAL ENERGY RESOURCES 

Subtitle A—Oil and Gas Leasing in the Gulf of Mexico 

Sec. 101. Leasing in the Eastern Gulf of Mexico. 

Sec. 102. Extension of deepwater oil and natural gas leases in Gulf of Mexico. 

Subtitle B—Scheduled Leasing, Exploration, and Development of Oil and 

Natural Gas in the Federal Outer Continental Shelf 

Sec. 121. Expanded outer Continental Shelf lease sales. 

Sec. 122. Geological and geophysical activities in expanded leasing areas. 

Sec. 123. Payments from areas newly available to leasing. 

Sec. 124. Definitions under the Outer Continental Shelf Lands Act. 

Sec. 125. Determination of adjacent zones and planning areas. 

Subtitle C—Leasing, Exploration, and Development of Oil and Natural Gas 

Resources in Portions of the Coastal Plain of Alaska 

Sec. 131. Establishment of leasing program for Coastal Plain. 

Sec. 132. Conduct of leasing program. 

Sec. 133. Federal and State distribution of revenues. 

Sec. 134. Rights-of-way across the Coastal Plain. 

Sec. 135. Conveyance. 

Subtitle D—State Control of Energy Development and Production on All 

Available Federal Land 

Sec. 141. Short title. 

Sec. 142. State control of energy development and production on all available 

Federal land. 

Subtitle E—Prohibition on New Wilderness or Wilderness Study Areas on 

Lands Administered by the BLM Without Congressional Approval; Indian 

Land Development 

Sec. 151. Repeal of Executive order. 

Sec. 152. Wilderness designation procedures. 

Sec. 153. Future executive branch actions. 


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Sec. 154. Leases for development of natural resources on Indian lands. 

Subtitle F—Legal Causes and Claims Pertaining to the Leasing and Development of Federal Lands for Exploration and Production of Oil, Natural 

Gas, Associated Hydrocarbons, and Oil Shale 

Sec. 161. Oil shale, tar sands, and other strategic unconventional fuels. 

Sec. 162. Energy production on Federal lands. 

Sec. 163. Jurisdiction. 

Sec. 164. Judicial review. 

Sec. 165. Time for filing petition for judicial review; standing, filing of record. 

Sec. 166. Limitation on scope of review and relief. 

Sec. 167. Exclusion. 

Subtitle G—Development of Solar and Wind Energy on Public Land 

Sec. 171. Definitions. 

Sec. 172. Programmatic environmental impact statements and land use planning. 

Sec. 173. Development of solar and wind energy on public land. 

Sec. 174. Disposition of revenues. 

Subtitle H—Miscellaneous Provisions 

Sec. 181. Military operations. 

Sec. 182. Environmental sensitivity analysis under the program. 

Sec. 183. Validity of existing leases. 

Sec. 184. Integrity of lease sales and leasing schedule. 

Sec. 185. Authority to conduct offshore drilling under approved permits. 

Sec. 186. Time requirement to act on oil and natural gas drilling permits. 

Sec. 187. Timely issuance of onshore oil and gas leases. 

Sec. 188. State auditing. 

TITLE II—CONTINENTAL PIPELINE APPROVAL 

Sec. 201. Keystone XL permit approval. 

Sec. 202. Judicial review. 

Sec. 203. American burying beetle. 

Sec. 204. Right-of-way and temporary use permit. 

Sec. 205. Permits for activities in navigable waters. 

Sec. 206. Migratory Bird Treaty Act permit. 

Sec. 207. Oil spill response plan disclosure. 

TITLE III—RADIOLOGICAL MATERIAL REPOSITORY 

Sec. 301. Radiological material repository. 

TITLE IV—RELIEF FROM REGULATIONS AND PROHIBITIONS 

THAT CAUSE ARTIFICIAL PRICE INCREASES 

Sec. 401. Endangered Species Act of 1973 reform. 

Sec. 402. Repeal of EPA climate change regulation. 

Sec. 403. Repeal of Federal ban on synthetic fuels purchasing requirement. 

Sec. 404. Repeal of ethanol mandates. 

TITLE V—REFINERY REFORM 

Sec. 501. Refinery permitting process. 


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Sec. 502. Existing refinery permit application deadline. 

Sec. 503. New refining capacity on closed military installations. 

TITLE VI—REPEAL OF ENERGY TAX SUBSIDIES 

Sec. 600. Amendment of 1986 code. 

Sec. 601. Corporate and Individual income tax rates reduced. 

Sec. 602. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures. 

Sec. 603. Repeal of credit for certain plug-in electric vehicles. 

Sec. 604. Early termination of credit for qualified fuel cell motor vehicles. 

Sec. 605. Repeal of alternative fuel vehicle refueling property credit. 

Sec. 606. Repeal of credit for alcohol used as fuel. 

Sec. 607. Repeal of credit for biodiesel and renewable diesel used as fuel. 

Sec. 608. Repeal of enhanced oil recovery credit. 

Sec. 609. Termination of credit for electricity produced from certain renewable 

resources. 

Sec. 610. Repeal of credit for producing oil and gas from marginal wells. 

Sec. 611. Termination of credit for production from advanced nuclear power facilities. 

Sec. 612. Repeal of credit for carbon dioxide sequestration. 

Sec. 613. Termination of energy credit. 

Sec. 614. Repeal of qualifying advanced coal project. 

Sec. 615. Repeal of qualifying gasification project credit. 

Sec. 616. Repeal of American Recovery and Reinvestment Act of 2009 energy 

grant program. 

Sec. 617. Election to expense property used in the production of energy. 

TITLE VII—REGULATORY RELIEF 

Sec. 701. Legislative stay. 

Sec. 702. Compliance dates. 

Sec. 703. Energy recovery and conservation. 

Sec. 704. Other provisions. 

Sec. 705. Management and disposal of coal combustion residuals. 

Sec. 706. Prohibition on use of social cost of carbon in analysis. 

Sec. 707. Clarification of legal enforcement against noncriminal energy producers. 

TITLE VIII—ATTAINMENT OF NATIONAL AMBIENT AIR QUALITY 

STANDARDS 

Sec. 801. Air quality monitoring and modeling methodologies. 

Sec. 802. Extending compliance for NAAQS attainment for downwind States. 

TITLE IX—SUB-BASIN REPORTING OF GREENHOUSE GAS 

EMISSIONS 

Sec. 901. Sub-basin reporting of greenhouse gas emissions. 

TITLE X—IMPLEMENTATION OF NATIONAL OCEAN POLICY 

Sec. 1001. Prohibition on use of funds. 

TITLE XI—OTHER PROVISIONS 

Sec. 1101. Administrative record. 

Sec. 1102. Statement of energy effects. 


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Sec. 1103. Priority-Energy Project permit duration. 

TITLE XII—FUTURE NUCLEAR ENERGY 

Sec. 1201. Short title. 

Sec. 1202. Public health and safety. 

Sec. 1203. Streamlining Combined Construction and Operating License. 

Sec. 1204. Reactor design certification. 

Sec. 1205. Technology neutral plant design specifications. 

Sec. 1206. Additional funding and personnel resources. 

Sec. 1207. Next Generation Nuclear Power Plant. 

Sec. 1208. Uranium mining on Federal lands. 

1 SEC. 3. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—The Congress finds that— 

3 (1) the Constitution of the United States in4 vests in Congress the authority to manage Federal 

5 lands and the natural resources contained within 

6 them; 

7 (2) the natural resources contained within lands 

8 owned by the Federal Government are ultimately 

9 owned by the people, and can be explored and devel10 oped by them in their pursuit of happiness to fuel 

11 the American way of life; 

12 (3) the United States spends over 

13 $1,000,000,000 per day to import crude oil from 

14 foreign countries, representing the largest wealth 

15 transfer in history; 

16 (4) the domestic oil and natural gas industry is 

17 responsible for approximately 9.2 million jobs; 

18 (5) the United States has substantial undevel19 oped oil and natural gas resources underlying Fed20 eral lands; 


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1 (6) multiple legal challenges relating to the 

2 leasing, exploration, and development of Federal 

3 lands can significantly delay and even prevent these 

4 desperately needed oil and natural gas resources 

5 from reaching the American public; 

6 (7) expedited and focused judicial review of 

7 legal challenges to proposed oil and natural gas de8 velopment activities is necessary to ensure that addi9 tional American oil and natural gas resources are 

10 made available without undue delay to American 

11 consumers; 

12 (8) the approximately 43 million leased outer 

13 Continental Shelf acres currently account for about 

14 15 percent of the United States domestic natural 

15 gas production and about 27 percent of the United 

16 States domestic oil production; 

17 (9) the leasing of these domestic offshore areas 

18 for oil and natural gas development provides signifi19 cant economic benefits to the Federal Government, 

20 as well as to States and localities, through the cre21 ation and sustenance of jobs and domestic product; 

22 (10) the Federal Government distributed over 

23 $10,000,000,000 to Federal, State and Indian ac24 counts from energy production during fiscal year 

25 2009, primarily from oil and natural gas production; 


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1 (11) the outer Continental Shelf is a vital na2 tional resource reserve held by the Federal Govern3 ment for the public, which should be made available 

4 for expeditious and orderly development, subject to 

5 environmental safeguards, in a manner that is con6 sistent with the maintenance of competition and 

7 other national needs; 

8 (12) Executive Order 13563 on Improving Reg9 ulation and Regulatory Review, issued on January 

10 18, 2011, requires that to the extent permitted by 

11 law, each agency must, among other things— 

12 (A) propose or adopt a regulation only 

13 upon a reasoned determination that its benefits 

14 justify its costs (recognizing that some benefits 

15 and costs are difficult to quantify); 

16 (B) tailor its regulations to impose the 

17 least burden on society, consistent with obtain18 ing regulatory objectives, taking into account, 

19 among other things, and to the extent prac20 ticable, the costs of cumulative regulations; 

21 (C) select, in choosing among alternative 

22 regulatory approaches, those approaches that 

23 maximize net benefits (including potential eco24 nomic, environmental, public health and safety, 


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1 and other advantages; distributive impacts; and 

2 equity); 

3 (D) to the extent feasible, specify perform4 ance objectives, rather than specifying the be5 havior or manner of compliance that regulated 

6 entities must adopt; and 

7 (E) identify and assess available alter8 natives to direct regulation, including providing 

9 economic incentives to encourage the desired 

10 behavior, such as user fees or marketable per11 mits, or providing information upon which 

12 choices can be made by the public; 

13 (13) Executive Order 13547 on Stewardship of 

14 the Ocean, Our Coasts, and the Great Lakes, issued 

15 on July 19, 2010, provides for the development of 

16 coastal and marine spatial plans (CMSP) that build 

17 upon and improve existing Federal, State, tribal, 

18 local, and regional decisionmaking and planning 

19 processes; 

20 (14) the Outer Continental Shelf Lands Act (43 

21 U.S.C. 1331 et seq.) already provides a comprehen22 sive and complete framework for undertaking oil and 

23 gas activities within the framework of a CMSP24 based program; 


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1 (15) through the Outer Continental Shelf 

2 Lands Act, Congress has already established the 

3 process for development of coastal and marine spa4 tial plans for oil and gas leasing and other author5 izations, and it is not necessary to create a new reg6 ulatory regime as this would go against the Execu7 tive order; 

8 (16) the Coastal Plain of Alaska is an impor9 tant potential new source of domestic oil and gas 

10 production; 

11 (17) the delivery of oil from Alberta, Canada, to 

12 domestic markets in the United States is in the na13 tional interest of the United States, and the earliest 

14 possible completion of the Keystone XL pipeline will 

15 best serve the national interest; 

16 (18) there are 103 nuclear reactors currently 

17 operating in the United States, providing 20 percent 

18 of the electricity of the United States, slightly less 

19 than the electricity generated by natural gas; 

20 (19) nuclear energy is the largest provider of 

21 clean, low-carbon electricity, almost 8 times larger 

22 than all renewable power production combined, ex23 cluding hydroelectric power; 


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1 (20) nuclear power is responsible for 72 percent 

2 of emission-free electricity production in the United 

3 States; 

4 (21) nuclear power plants virtually eliminate 

5 emissions of greenhouse gases and criteria pollutants 

6 associated with acid rain, smog, or ozone; 

7 (22) nuclear energy supplies consistent, base8 load electricity, independent of environmental condi9 tions; 

10 (23) between 1960 and 1980, the Nuclear Reg11 ulatory Commission issued 169 permits to construct 

12 nuclear power facilities; 

13 (24) even if every nuclear power plant is grant14 ed a 20-year extension, all currently operating nu15 clear power plants will be retired by 2055; 

16 (25) long lead times for nuclear power plant li17 censing, permitting, and construction indicate that 

18 action to stimulate the nuclear power industry 

19 should not be delayed; 

20 (26) there are 17 combined operating license 

21 applications currently pending before the Nuclear 

22 Regulatory Commission for 26 new reactors in the 

23 United States, with 4 applications inactive due to 

24 regulatory uncertainty; 


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1 (27) those proposed reactors will use the latest 

2 in nuclear technology for efficiency and safety, more 

3 advanced than the technology of the 1960s and 

4 1970s found in the reactors currently operating in 

5 the United States; 

6 (28) the Nuclear Waste Policy Act of 1982 (42 

7 U.S.C. 10101 et seq.) requires the Federal Govern8 ment to take ownership of high-level radioactive 

9 waste and spent nuclear fuel and build a permanent 

10 geologic repository in which to store such waste; 

11 (29) the Nuclear Waste Policy Act of 1982, as 

12 amended in 1987, selected the Yucca Mountain site 

13 to be the sole geologic repository in which to store 

14 high-level radioactive waste and spent nuclear fuel; 

15 (30) the Congress reaffirmed Yucca Mountain 

16 as the sole candidate site for a geologic repository in 

17 2001; 

18 (31) despite such laws, the Government has 

19 failed to accept high-level radioactive waste and 

20 spent nuclear fuel from utilities and has delayed 

21 construction of the Yucca Mountain repository; 

22 (32) failure to accept high-level radioactive 

23 waste and spent nuclear fuel has led to more than 

24 74 lawsuits filed by utilities against the Government, 

25 $1,000,000,000 in settlements being paid, and an 


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1 estimated $16,200,000,000 in potential liabilities to 

2 settle remaining lawsuits; 

3 (33) each year the Government refuses to ac4 cept high-level radioactive waste and spent nuclear 

5 fuel adds an estimated $500,000,000 in additional 

6 liabilities associated with future lawsuits; 

7 (34) the failure of the Federal Government to 

8 accept high-level radioactive waste and spent nuclear 

9 fuel from utilities is a significant barrier to the fu10 ture development of additional nuclear power; 

11 (35) the United States has 58,000 tons of radi12 ological material stored at more than 100 sites in 39 

13 States; 

14 (36) the 103 commercial nuclear reactors oper15 ating in the United States produce approximately 

16 2,000 tons of spent nuclear fuel every year; 

17 (37) the Yucca Mountain repository’s capacity 

18 is statutorily limited to 70,000 tons of waste but can 

19 safely hold 120,000 tons; 

20 (38) operators who have paid into the Nuclear 

21 Waste Fund have been denied access to permanent 

22 storage of radiological material as promised by the 

23 Federal Government; 

24 (39) permanent geologic storage capacity is a 

25 finite resource on which the industry depends; and 


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1 (40) operators have the technical expertise to 

2 develop new and more efficient processes of dis3 posing of new radiological material, including finding 

4 repositories in addition to Yucca Mountain. 

5 (b) PURPOSES.—The purposes of this Act are to— 

6 (1) apply our founding principles as outlined in 

7 the Declaration of Independence and Constitution to 

8 restore the individual’s right to life, liberty, and the 

9 pursuit of happiness by restoring a true all-of-the10 above, free market, all-American energy market in 

11 the United States; 

12 (2) promote expansion of domestic employment 

13 opportunities through energy development on Fed14 eral lands and through less intrusive government on 

15 private lands; 

16 (3) respond to the Nation’s increased demand 

17 for domestic energy resources, including oil and nat18 ural gas resources; 

19 (4) support the utilization of the outer Conti20 nental Shelf for oil and gas production and trans21 mission; 

22 (5) confirm and ensure the validity of oil and 

23 gas leases issued under the Final Outer Continental 

24 Shelf Oil and Gas Leasing Program, 2012–2017; 


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1 (6) ensure the continued leasing of outer Conti2 nental Shelf areas pursuant to the Final Outer Con3 tinental Shelf Oil and Gas Leasing Program, 2012– 

4 2017; 

5 (7) facilitate interagency coordination and co6 operation in the processing of permits required to 

7 support oil and gas use authorization on Federal 

8 lands, both onshore and on the outer Continental 

9 Shelf, in order to achieve greater consistency, cer10 tainty, and timeliness in permit processing require11 ments; 

12 (8) promote process streamlining and increased 

13 interagency efficiency, including elimination of inter14 agency duplication of effort; 

15 (9) improve information sharing among agen16 cies and understanding of respective agency roles 

17 and responsibilities; 

18 (10) promote coordination with State agencies 

19 with expertise and responsibilities related to Federal 

20 oil and gas permitting decisions, and balance Fed21 eral interests with the interests and well-being of 

22 State and local communities; 

23 (11) promote responsible stewardship of Fed24 eral oil and gas resources; 


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1 (12) maintain high standards of safety and en2 vironmental protection; and 

3 (13) enhance the benefits to Federal permitting 

4 already occurring as a result of a coordinated and 

5 timely interagency process for oil and gas permit re6 view for certain Federal oil and gas leases. 

7 SEC. 4. STATEMENT OF POLICY. 

8 It is the policy of the United States to apply the prin9 ciples of individual liberty contained within the Declara10 tion of Independence and Constitution for the restoration 

11 of a true all-of-the-above, free market, all-American en12 ergy strategy by reducing or eliminating financial, regu13 latory, and technical barriers to energy exploration and 

14 production. 

15 SEC. 5. DEFINITIONS. 

16 For purposes of this Act— 

17 (1) ACT.—The term ‘‘Act’’ means the Outer 

18 Continental Shelf Lands Act (43 U.S.C. 1331 et 

19 seq.). 

20 (2) AUTHORIZING LEASING STATUTE.—The 

21 term ‘‘authorizing leasing statute’’ means the Outer 

22 Continental Shelf Lands Act (43 U.S.C. 1331 et 

23 seq.), the Mineral Leasing Act (30 U.S.C. 181 et 

24 seq.), the Mineral Leasing Act for Acquired Lands 

25 (30 U.S.C. 351 et seq.), and any other law authorVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 izing the use or disposition of Federal lands for oil 

2 and gas production or transmission. 

3 (3) COASTAL PLAIN.—The term ‘‘Coastal 

4 Plain’’ means that area described in appendix I to 

5 part 37 of title 50, Code of Federal Regulations. 

6 (4) COVERED OIL AND NATURAL GAS ACTIV7 ITY.—The term ‘‘covered oil and natural gas activ8 ity’’ means— 

9 (A) the leasing or other disposition of any 

10 lands pursuant to an authorizing leasing statute 

11 for the exploration, development, production, 

12 processing, or transmission of oil, natural gas, 

13 or associated hydrocarbons, and oil shale, in14 cluding actions or decisions relating to the se15 lection of which lands may or shall be made 

16 available for such leasing; and 

17 (B) any activity taken or proposed to be 

18 taken pursuant or in relation to such leases, in19 cluding their suspension, and any environ20 mental analyses relating to such activity. 

21 (5) OTHER TERMS.—Any terms used in this 

22 Act shall have the meaning such term has in the 

23 Act. 

24 (6) PRIORITY ENERGY PROJECT.—The term 

25 ‘‘Priority Energy Project’’ means a project or facilVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 ity in the United States whose operation results in 

2 the production of a domestic supply of energy or the 

3 generation of electricity. 

4 (7) PRIORITY ENERGY PROJECT DEVELOPER.— 

5 The term ‘‘Priority Energy Project Developer’’ 

6 means a person, organization, or other entity that 

7 owns or operates a Priority Energy Project. 

8 (8) PROGRAM.—The term ‘‘program’’ means a 

9 Final Outer Continental Shelf Oil and Gas Leasing 

10 Program issued pursuant to section 18 of the Act 

11 (43 U.S.C. 1344). 

12 (9) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior, unless otherwise indi14 cated. 

15 TITLE I—DEVELOPMENT OF 

16 FEDERAL ENERGY RESOURCES 

17 Subtitle A—Oil and Gas Leasing in 

18 the Gulf of Mexico 

19 SEC. 101. LEASING IN THE EASTERN GULF OF MEXICO. 

20 (a) TERMINATION OF MORATORIUM.—Section 104 of 

21 the Gulf of Mexico Energy Security Act of 2006 (43 

22 U.S.C. 1331 note; Public Law 109–432) is amended by 

23 striking subsection (a) and redesignating subsections (b) 

24 and (c) as subsections (a) and (b), respectively. 


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1 (b) NATIONAL DEFENSE AREA.—Section 12(d) of 

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

3 1341(d)) is amended— 

4 (1) by striking ‘‘The United States’’ and insert5 ing the following: 

6 ‘‘(1) IN GENERAL.—The United States’’; and 

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

8 ‘‘(2) REVIEW.—Annually, the Secretary of De9 fense shall review the areas of the outer Continental 

10 Shelf that have been designated as restricted from 

11 exploration and operation to determine whether the 

12 areas should remain under restriction.’’. 

13 (c) LEASING OF MORATORIUM AREAS.— 

14 (1) DESTIN DOME AND PENSACOLA AREAS.— 

15 Within 1 year after the date of the enactment of this 

16 Act, the Secretary shall offer for leasing under the 

17 Outer Continental Shelf Lands Act (43 U.S.C. 1331 

18 et seq.), the Destin Dome (OPD NH 16–08) and 

19 Pensacola (OPD NH 16–05) areas. 

20 (2) OTHER AREAS.—As soon as practicable 

21 after the date of enactment of this Act, the Sec22 retary shall offer for leasing under the Outer Conti23 nental Shelf Lands Act (43 U.S.C. 1331 et seq.), 

24 any other areas in the Eastern Gulf of Mexico PlanVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 ning Area that are made available for leasing pursu2 ant to subsection (a). 

3 (3) ADMINISTRATION.—The areas described in 

4 paragraphs (1) and (2) shall be offered for lease 

5 under this section notwithstanding the omission of 

6 any of those areas from the 5-year leasing program 

7 approved by the Secretary under section 18 of the 

8 Outer Continental Shelf Lands Act (43 U.S.C. 

9 1344) in effect at the time of the lease sale. The 

10 Secretary shall include the areas described in para11 graphs (1) and (2) in any 5-year leasing program 

12 approved after the date of enactment of this Act. 

13 (d) COASTAL ZONE MANAGEMENT ACT OF 1972 RE14 VIEW.—The Secretary’s decision to hold a lease sale for 

15 the areas described in section 101(c) shall not be subject 

16 to consistency review under the Coastal Zone Management 

17 Act of 1972 (16 U.S.C. 1451 et seq.). 

18 SEC. 102. EXTENSION OF DEEPWATER OIL AND NATURAL 

19 GAS LEASES IN GULF OF MEXICO. 

20 (a) DEFINITION OF COVERED LEASE.—In this sec21 tion the term ‘‘covered lease’’ means each oil and gas lease 

22 for the Gulf of Mexico Outer Continental Shelf region 

23 issued under section 8(b) of the Outer Continental Shelf 

24 Lands Act (43 U.S.C. 1337(b)) that was not producing 

25 as of April 30, 2010. 


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1 (b) EXTENSION OF COVERED LEASES.—The Sec2 retary of the Interior shall extend the term of a covered 

3 lease by 24 months. 

4 (c) MINIMUM DEEPWATER WELL REQUIREMENT.— 

5 If fewer than 20 exploration or development wells have 

6 been spudded on deepwater leases in the Gulf of Mexico 

7 within 18 months after the date of enactment of this Act, 

8 the 24-month period under subsection (b) for deepwater 

9 leases (water depths of 500 feet or greater) shall be ex10 tended by an additional 18 months. 

11 (d) EFFECT OF EXTENSION ON SUSPENSIONS.—The 

12 lease term extension under this Act shall be in addition 

13 to any lease term suspension either granted or directed 

14 under section 5(a)(1) of the Act (43 U.S.C. 1334(a)(1)) 

15 prior to or following the date of enactment of this Act. 

16 (e) LEASE REINSTATEMENT.—The Secretary shall 

17 reinstate any lease subject to subsection (a) that expired 

18 between April 30, 2010 and the date of enactment of this 

19 Act, with a new expiration date as provided in subsection 

20 (b). 


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1 Subtitle B—Scheduled Leasing, Ex2 ploration, and Development of 

3 Oil and Natural Gas in the Fed4 eral Outer Continental Shelf 

5 SEC. 121. EXPANDED OUTER CONTINENTAL SHELF LEASE 

6 SALES. 

7 (a) IN GENERAL.—Beginning in fiscal year 2015, the 

8 Secretary shall conduct all lease sales included in Table 

9 A of the Draft Proposed Outer Continental Shelf Oil and 

10 Gas Leasing Program 2010–2015, issued January 2009. 

11 All such lease sales shall be conducted in accordance with 

12 this section. 

13 (b) EIS.—The Secretary is deemed to have issued a 

14 final environmental impact statement for the program de15 scribed in subsection (a) in accordance with all require16 ments under section 102(2)(C) of the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

18 (c) EXEMPTION FROM CONSISTENCY REVIEW.—The 

19 Secretary’s decision to hold a lease sale required under 

20 this section shall not be subject to consistency review 

21 under the Coastal Zone Management Act of 1972 (16 

22 U.S.C. 1451 et seq.). 

23 (d) LEASING PROGRAM.—The Secretary shall pre24 pare and make available a 2015–2020 Draft Proposed 


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1 Outer Continental Shelf Oil and Gas Leasing Program no 

2 later than 1 year after the date of enactment of this Act. 

3 (e) REQUIREMENT TO MAINTAIN PROGRAM.—The 

4 Secretary’s implementation of the requirements of this 

5 section shall fulfill the requirement under section 19 of 

6 the Act (43 U.S.C. 1345) to maintain an oil and gas leas7 ing program through June 30, 2015. 

8 SEC. 122. GEOLOGICAL AND GEOPHYSICAL ACTIVITIES IN 

9 EXPANDED LEASING AREAS. 

10 (a) FINDINGS.—The Congress finds that— 

11 (1) the long-delayed Environmental Impact 

12 Statement (EIS) for the conduct of a safe, environ13 mentally protective seismic assessment of the oil and 

14 natural gas resources offshore the Atlantic Outer 

15 Continental Shelf (OCS) should be completed; 

16 (2) it has been nearly 2 generations since seis17 mic testing was last conducted along our Eastern 

18 Seaboard; 

19 (3) updated 3–D and 4–D technology revealed 

20 about 500 percent more resource potential than ear21 lier estimates when used to gather seismic data in 

22 the Gulf of Mexico; 

23 (4) in the many decades seismic surveys have 

24 been conducted around the world, there has never 

25 been a documented case where use of an air gun to 


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1 perform a seismic survey has caused the death of an 

2 animal; and 

3 (5) April 2014 will mark 2 years since the De4 partment of the Interior’s original projected target 

5 completion of such EIS. 

6 (b) EIS FOR ATLANTIC OCS PLANNING AREA.—The 

7 Secretary shall issue a Final Programmatic Environ8 mental Impact Statement and Record of Decision pursu9 ant to the National Environmental Policy Act of 1969 (42 

10 U.S.C. 4321 et seq.), assessing the environmental effects 

11 of geological and geophysical activities in the Atlantic 

12 Outer Continental Shelf Planning Area. 

13 (c) PERMITS FOR ATLANTIC OCS PLANNING

14 AREA.—Pursuant to all of the laws that apply to geologic 

15 and geophysical activities in the Atlantic Outer Conti16 nental Shelf Planning Area, the Secretary, acting through 

17 the Bureau of Ocean Energy Management, shall establish 

18 a process to ensure the timely completion of all permit 

19 processing activities that meets the requirements of the 

20 Act for geologic and geophysical activities in the Atlantic 

21 Outer Continental Shelf Planning Area, including areas 

22 of the Southern Atlantic Outer Continental Shelf. 

23 (d) PRELIMINARY EIS FOR SOUTHERN CALIFORNIA

24 OCS PLANNING AREA.—Not later than 18 months after 

25 the date of enactment of this Act, the Secretary shall issue 


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1 a Preliminary Environmental Impact Statement pursuant 

2 to the National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.) to assess the environmental impacts 

4 of geophysical activities in the Southern California Outer 

5 Continental Shelf Planning Area. 

6 SEC. 123. PAYMENTS FROM AREAS NEWLY AVAILABLE TO 

7 LEASING. 

8 (a) IN GENERAL.—Notwithstanding section 9 of the 

9 Act (43 U.S.C. 1338), upon enactment of this Act and 

10 each fiscal year thereafter, 37.5 percent of all bonuses, 

11 rents, royalties, and other sums due and payable to the 

12 United States received on or after enactment of this Act 

13 from outer Continental Shelf leases entered into on or 

14 after the date of enactment of this Act shall be paid to 

15 the coastal States that are Adjacent States with respect 

16 to such leases. Such payment shall be allocated to each 

17 such Adjacent State in amounts (based on a formula es18 tablished by the Secretary by regulation) that are inversely 

19 proportional to the respective distances between the point 

20 on the coastline of the Adjacent State that is closest to 

21 the geographic center of the applicable leased tract and 

22 the geographic center of the leased tract. 

23 (b) EXCLUSIONS.—Subsection (a) shall not apply 

24 to— 


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1 (1) revenues from the forfeiture of a bond or 

2 other surety securing obligations other than royal3 ties, civil penalties, or royalties taken by the Sec4 retary in-kind and not sold; and 

5 (2) revenues generated from leases subject to 

6 section 8(g) of the Act (43 U.S.C. 1137(g)). 

7 (c) USE OF PAYMENTS TO STATES.—Amounts paid 

8 to a State under subsection (a) shall be used by the State 

9 for such purposes as that State considers necessary. 

10 (d) GULF OF MEXICO OUTER CONTINENTAL SHELF

11 REVENUES.— 

12 (1) LIMITATION ON APPLICATION.—Subsection 

13 (a) shall not affect the application of section 105 of 

14 the Gulf of Mexico Energy Security Act of 2006 

15 (title I of division C of Public Law 109–432; (43 

16 U.S.C. 1331 note)), as in effect before the enact17 ment of this Act, with respect to revenues received 

18 by the United States under oil and gas leases issued 

19 for tracts located in the Western and Central Gulf 

20 of Mexico Outer Continental Shelf Planning Areas, 

21 including such leases issued on or after the date of 

22 the enactment of this Act. 

23 (2) AMOUNT OF DISTRIBUTED QUALIFIED

24 OUTER CONTINENTAL SHELF REVENUES.—Section 

25 105(f)(1) of the Gulf of Mexico Energy Security Act 


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1 of 2006 (title I of division C of Public Law 109– 

2 432; (43 U.S.C. 1331 note)) is amended by striking 

3 ‘‘2055’’ and inserting ‘‘2022, and shall not exceed 

4 $750,000,000 for each of fiscal years 2023 through 

5 2055’’. 

6 SEC. 124. DEFINITIONS UNDER THE OUTER CONTINENTAL 

7 SHELF LANDS ACT. 

8 Section 2 of the Outer Continental Shelf Lands Act 

9 (43 U.S.C. 1331) is amended— 

10 (1) by amending paragraph (f) to read as fol11 lows: 

12 ‘‘(f) The term ‘affected State’ means the Adjacent 

13 State.’’; 

14 (2) by striking the semicolon at the end of each 

15 of paragraphs (a) through (o) and inserting a pe16 riod; 

17 (3) by striking ‘‘; and’’ at the end of paragraph 

18 (p) and inserting a period; 

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

20 ‘‘(r) The term ‘Adjacent State’ means, with respect 

21 to any program, plan, lease sale, leased tract, or other ac22 tivity, proposed, conducted, or approved pursuant to this 

23 Act, any State the laws of which are declared, pursuant 

24 to section 4(a)(2), to be the law of the United States for 

25 the portion of the outer Continental Shelf on which such 


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1 program, plan, lease sale, leased tract, or activity apper2 tains or is, or is proposed to be, conducted. 

3 ‘‘(s) The term ‘State’ includes all States having a 

4 coastline contiguous to the Arctic, Atlantic, or Pacific 

5 Ocean, or the Gulf of Mexico, the Commonwealth of Puer6 to Rico, the Commonwealth of the Northern Mariana Is7 lands, the United States Virgin Islands, American Samoa, 

8 Guam, the other territories of the United States, and the 

9 District of Columbia. 

10 ‘‘(t) The term ‘Adjacent Zone’ means, with respect 

11 to any program, plan, lease sale, leased tract, or other ac12 tivity, proposed, conducted, or approved pursuant to this 

13 Act, the portion of the outer Continental Shelf for which 

14 the laws of a particular Adjacent State are declared, pur15 suant to section 4(a)(2), to be the law of the United 

16 States. 

17 ‘‘(u) The term ‘miles’ means statute miles. 

18 ‘‘(v) The term ‘coastline’ has the same meaning as 

19 the term ‘coast line’ as defined in section 2(c) of the Sub20 merged Lands Act (43 U.S.C. 1301(c)). 

21 ‘‘(w) The term ‘Neighboring State’ means a coastal 

22 State having a common boundary at the coastline with the 

23 Adjacent State.’’; and 

24 (5) in paragraph (a), by inserting after ‘‘con25 trol’’ the following: ‘‘or lying within the United 


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1 States Exclusive Economic Zone and outer Conti2 nental Shelf adjacent to the Commonwealth of Puer3 to Rico, the Commonwealth of the Northern Mar4 iana Islands, the United States Virgin Islands, 

5 American Samoa, Guam, or any other territory of 

6 the United States’’. 

7 SEC. 125. DETERMINATION OF ADJACENT ZONES AND 

8 PLANNING AREAS. 

9 Section 4(a)(2)(A) of the Outer Continental Shelf 

10 Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the 

11 first sentence by striking ‘‘, and the President’’ and all 

12 that follows through the end of the sentence and inserting 

13 the following: ‘‘. The lines extending seaward and defining 

14 each State’s Adjacent Zone, and the Atlantic OCS Plan15 ning Area, are as indicated on the maps for the Atlantic 

16 Outer Continental Shelf region entitled ‘Atlantic OCS Re17 gion State Adjacent Zones and OCS Planning Areas’, 

18 which is dated September 2005 and is on file in the Office 

19 of the Director, Minerals Management Service. The Sec20 retary shall designate the Adjacent Zones of States, and 

21 additional OCS Planning Areas, for parts of the United 

22 States Exclusive Economic Zone and outer Continental 

23 Shelf not covered by those maps.’’. 


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1 Subtitle C—Leasing, Exploration, 

2 and Development of Oil and 

3 Natural Gas Resources in Por4 tions of the Coastal Plain of 

5 Alaska 

6 SEC. 131. ESTABLISHMENT OF LEASING PROGRAM FOR 

7 COASTAL PLAIN. 

8 The Secretary shall take such actions as are nec9 essary— 

10 (1) to establish and implement, in accordance 

11 with this subtitle and acting through the Director of 

12 the Bureau of Land Management in consultation 

13 with the Director of the United States Fish and 

14 Wildlife Service, a competitive oil and gas leasing 

15 program that will result in an environmentally sound 

16 program for the exploration, development, and pro17 duction of the oil and gas resources of the Coastal 

18 Plain; and 

19 (2) to administer the provisions of this title 

20 through regulations, lease terms, conditions, restric21 tions, prohibitions, stipulations, and other provisions 

22 that ensure the oil and gas exploration, development, 

23 and production activities on the Coastal Plain will 

24 minimize any significant adverse effects on fish and 

25 wildlife, their habitat, subsistence resources, and the 


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1 environment, including, in furtherance of this goal, 

2 by requiring the application of the best commercially 

3 available technology for oil and gas exploration, de4 velopment, and production to all exploration, devel5 opment, and production operations under this title 

6 in a manner that ensures the receipt of fair market 

7 value by the public for the mineral resources to be 

8 leased. 

9 SEC. 132. CONDUCT OF LEASING PROGRAM. 

10 (a) REPEAL.— 

11 (1) REPEAL.—Section 1003 of the Alaska Na12 tional Interest Lands Conservation Act of 1980 (16 

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

14 (2) CONFORMING AMENDMENT.—The table of 

15 contents in section 1 of such Act is amended by 

16 striking the item relating to section 1003. 

17 (b) COMPLIANCE WITH REQUIREMENTS UNDER

18 CERTAIN OTHER LAWS.— 

19 (1) COMPATIBILITY.—For purposes of the Na20 tional Wildlife Refuge System Administration Act of 

21 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

22 leasing program and activities authorized by this 

23 subtitle in the Coastal Plain are deemed to be com24 patible with the purposes for which the Arctic Na25 tional Wildlife Refuge was established, and no furVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 ther findings or decisions are required to implement 

2 this determination. 

3 (2) ADEQUACY OF THE DEPARTMENT OF THE

4 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

5 STATEMENT.—The ‘‘Final Legislative Environ6 mental Impact Statement’’ (April 1987) on the 

7 Coastal Plain prepared pursuant to section 1002 of 

8 the Alaska National Interest Lands Conservation 

9 Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) 

10 of the National Environmental Policy Act of 1969 

11 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the re12 quirements under the National Environmental Policy 

13 Act of 1969 that apply with respect to prelease ac14 tivities, including actions authorized to be taken by 

15 the Secretary to develop and promulgate the regula16 tions for the establishment of a leasing program au17 thorized by this subtitle before the conduct of the 

18 first lease sale. 

19 (3) COMPLIANCE WITH NEPA FOR OTHER AC20 TIONS.—Before conducting the first lease sale under 

21 this subtitle, the Secretary shall prepare an environ22 mental impact statement under the National Envi23 ronmental Policy Act of 1969 with respect to the ac24 tions authorized by this subtitle that are not re25 ferred to in paragraph (2). Notwithstanding any 


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1 other law, the Secretary is not required to identify 

2 nonleasing alternative courses of action or to analyze 

3 the environmental effects of such courses of action. 

4 The Secretary shall only identify a preferred action 

5 for such leasing and a single leasing alternative, and 

6 analyze the environmental effects and potential miti7 gation measures for those two alternatives. The 

8 identification of the preferred action and related 

9 analysis for the first lease sale under this subtitle 

10 shall be completed within 18 months after the date 

11 of enactment of this Act. The Secretary shall only 

12 consider public comments that specifically address 

13 the Secretary’s preferred action and that are filed 

14 within 20 days after publication of an environmental 

15 analysis. Notwithstanding any other law, compliance 

16 with this paragraph is deemed to satisfy all require17 ments for the analysis and consideration of the envi18 ronmental effects of proposed leasing under this sub19 title. In preparing or reviewing an environmental as20 sessment pursuant to the National Environmental 

21 Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any 

22 regulations promulgated thereto, an agency shall 

23 consider, in addition to any mitigation required by 

24 the agency, all applicable Federal, State, local, and 

25 other laws and regulations, guidelines, permit condiVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 tions, and any other requirements and best practices 

2 regarding a Priority Energy Project and any other 

3 actions considered in a cumulative effects analysis. 

4 Pursuant to that, the agency shall make a finding 

5 of no significant impact or a mitigated finding of no 

6 significant impact, as applicable, unless, presuming 

7 administrative regularity, the agency can conclu8 sively demonstrate that the mitigation required by 

9 the agency and the applicable Federal, State, local, 

10 and other laws and regulations, guidelines, permit 

11 conditions, and any other requirements and best 

12 practices regarding a Priority Energy Project and 

13 any other actions considered in a cumulative effects 

14 analysis will not prevent or otherwise mitigate a sig15 nificant impact on the human environment. 

16 (c) RELATIONSHIP TO STATE AND LOCAL AUTHOR17 ITY.—Nothing in this subtitle shall be considered to limit 

18 State and local regulatory authority. 

19 (d) SPECIAL AREAS.— 

20 (1) IN GENERAL.—The Secretary, after con21 sultation with the State of Alaska, the city of 

22 Kaktovik, and the North Slope Borough, may des23 ignate up to a total of 45,000 acres of the Coastal 

24 Plain as a Special Area if the Secretary determines 

25 that the Special Area is of such unique character 


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1 and interest so as to require special management 

2 and regulatory protection. The Secretary shall des3 ignate as such a Special Area the Sadlerochit Spring 

4 area, comprising approximately 4,000 acres. 

5 (2) MANAGEMENT.—Each such Special Area 

6 shall be managed so as to protect and preserve the 

7 area’s unique and diverse character including its 

8 fish, wildlife, and subsistence resource values. 

9 (3) EXCLUSION FROM LEASING OR SURFACE

10 OCCUPANCY.—The Secretary may exclude any Spe11 cial Area from leasing. If the Secretary leases a Spe12 cial Area, or any part thereof, for purposes of oil 

13 and gas exploration, development, production, and 

14 related activities, there shall be no surface occu15 pancy of the lands comprising the Special Area. 

16 (4) DIRECTIONAL DRILLING.—Notwithstanding 

17 the other provisions of this subsection, the Secretary 

18 may lease all or a portion of a Special Area under 

19 terms that permit the use of horizontal drilling tech20 nology from sites on leases located outside the Spe21 cial Area. 

22 (e) LIMITATION ON CLOSED AREAS.—The Sec23 retary’s sole authority to close lands within the Coastal 

24 Plain to oil and gas leasing and to exploration, develop25 ment, and production is that set forth in this subtitle. 


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1 (f) REGULATIONS.—The Secretary shall prescribe 

2 such regulations as may be necessary to carry out this 

3 subtitle, including rules and regulations relating to protec4 tion of the fish and wildlife, their habitat, subsistence re5 sources, and environment of the Coastal Plain, by no later 

6 than 12 months after the date of enactment of this Act. 

7 (g) LEASE SALES.— 

8 (1) IN GENERAL.—Lands may be leased pursu9 ant to this subtitle to any person qualified to obtain 

10 a lease for deposits of oil and gas under the Mineral 

11 Leasing Act (30 U.S.C. 181 et seq.). 

12 (2) PROCEDURES.—The Secretary shall, by reg13 ulation, establish procedures for— 

14 (A) receipt and consideration of sealed 

15 nominations for any area in the Coastal Plain 

16 for inclusion in, or exclusion (as provided in 

17 subparagraph (C)) from, a lease sale; 

18 (B) the holding of lease sales after such 

19 nomination process; and 

20 (C) public notice of and comment on des21 ignation of areas to be included in, or excluded 

22 from, a lease sale. 

23 (3) LEASE SALE BIDS.—Bidding for leases 

24 under this subtitle shall be by sealed competitive 

25 cash bonus bids. 


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1 (4) ACREAGE MINIMUM IN FIRST SALE.—In the 

2 first lease sale under this subtitle, the Secretary 

3 shall offer for lease those tracts the Secretary con4 siders to have the greatest potential for the dis5 covery of hydrocarbons, taking into consideration 

6 nominations received pursuant to paragraph (2)(A), 

7 but in no case less than 200,000 acres. 

8 (5) TIMING OF LEASE SALES.—The Secretary 

9 shall— 

10 (A) conduct the first lease sale under this 

11 subtitle within 18 months after the date of the 

12 enactment of this Act; 

13 (B) evaluate the bids in such sale and 

14 issue leases resulting from such sale, within 90 

15 days after the date of the completion of such 

16 sale; and 

17 (C) conduct additional sales so long as suf18 ficient interest in development exists to war19 rant, in the Secretary’s judgment, the conduct 

20 of such sales. 

21 (h) GRANT OF LEASES BY THE SECRETARY.— 

22 (1) IN GENERAL.—The Secretary may grant to 

23 the highest responsible qualified bidder in a lease 

24 sale conducted pursuant to subsection (g) any lands 

25 to be leased on the Coastal Plain upon payment by 


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1 the lessee of such bonus as may be accepted by the 

2 Secretary. 

3 (2) SUBSEQUENT TRANSFERS.—No lease issued 

4 under this subtitle may be sold, exchanged, assigned, 

5 sublet, or otherwise transferred except with the ap6 proval of the Secretary. Prior to any such approval 

7 the Secretary shall consult with, and give due con8 sideration to the views of, the Attorney General. 

9 (i) LEASE TERMS AND CONDITIONS.—An oil or gas 

10 lease issued pursuant to this subtitle shall— 

11 (1) provide for the payment of a royalty of 

371 12 ⁄2 percent in amount or value of the production 

13 removed or sold from the lease, as determined by the 

14 Secretary under the regulations applicable to other 

15 Federal oil and gas leases; 

16 (2) require that the lessee of lands within the 

17 Coastal Plain shall be fully responsible and liable for 

18 the reclamation of lands within the Coastal Plain 

19 and any other Federal lands that are adversely af20 fected in connection with exploration, development, 

21 production, or transportation activities conducted 

22 under the lease and within the Coastal Plain by the 

23 lessee or by any of the subcontractors or agents of 

24 the lessee; 


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

2 convey, by contract or otherwise, the reclamation re3 sponsibility and liability to another person without 

4 the express written approval of the Secretary; 

5 (4) provide that the standard of reclamation for 

6 lands required to be reclaimed under this subtitle 

7 shall be, as nearly as practicable, a condition capable 

8 of supporting the uses which the lands were capable 

9 of supporting prior to any exploration, development, 

10 or production activities, or upon application by the 

11 lessee, to a higher or better use as approved by the 

12 Secretary; 

13 (5) contain terms and conditions relating to 

14 protection of fish and wildlife, their habitat, subsist15 ence resources, and the environment as required 

16 pursuant to section 131(2); 

17 (6) provide that the lessee, its agents, and its 

18 contractors use best efforts to provide a fair share, 

19 as determined by the level of obligation previously 

20 agreed to in the 1974 agreement implementing sec21 tion 29 of the Federal Agreement and Grant of 

22 Right of Way for the Operation of the Trans Alaska 

23 Pipeline, of employment and contracting for Alaska 

24 Natives and Alaska Native Corporations from 

25 throughout the State; and 


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1 (7) contain such other provisions as the Sec2 retary determines necessary to ensure compliance 

3 with the provisions of this subtitle and the regula4 tions issued under this subtitle. 

5 (j) LEASE APPROVAL DEADLINES.— 

6 (1) IN GENERAL.—Not later than 10 business 

7 days after the date on which an agency receives an 

8 application for any permit, authorization, or other 

9 agency action with respect to a lease under this sub10 title, the agency shall— 

11 (A) notify the applicant that the applica12 tion is complete; or 

13 (B) notify the applicant that information is 

14 missing and specify any information that is re15 quired to be submitted for the application to be 

16 complete. 

17 (2) ISSUANCE OR DEFERRAL.—Not later than 

18 30 days after the applicant for such a permit, au19 thorization, or other agency action has submitted a 

20 complete application, the agency shall— 

21 (A) issue the permit; or 

22 (B)(i) defer the decision on the permit; 

23 and 


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1 (ii) provide to the applicant a notice that 

2 specifies any steps that the applicant could take 

3 for the permit to be issued. 

4 (3) REQUIREMENTS FOR DEFERRED APPLICA5 TIONS.— 

6 (A) IN GENERAL.—If the agency provides 

7 notice under paragraph (2)(B), the applicant 

8 shall have a period of 2 years from the date of 

9 receipt of the notice in which to complete all re10 quirements specified by the agency, including 

11 providing information needed for compliance 

12 with the National Environmental Policy Act of 

13 1969 (42 U.S.C. 4321 et seq.). 

14 (B) ISSUANCE OF DECISION ON PERMIT.— 

15 If the applicant completes the requirements 

16 within the period specified in subparagraph (A), 

17 the agency shall issue a decision on the permit 

18 not later than 10 days after the date of comple19 tion of the requirements described in subpara20 graph (A). 

21 (C) DENIAL OF PERMIT.—If the applicant 

22 does not complete the requirements within the 

23 period specified in subparagraph (A) the agency 

24 shall deny the permit. 


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1 (4) AGENCY REQUIREMENTS.—In any applica2 tion for a permit, authorization, or other agency ac3 tion, the agency shall be prohibited from requiring 

4 the applicant to perform any analyses, studies, or 

5 other activities that are novel, unprecedented, or 

6 otherwise inconsistent with past requirements for 

7 permit applicants in the same or similar situations. 

8 (5) FAILURE TO ACT.—In the event the agency 

9 fails to meet any deadline set forth in this section, 

10 the agency shall immediately grant the requested 

11 permit, authorization, or other approval. 

12 (k) CONSIDERATIONS.—In preparing and promul13 gating regulations, lease terms, conditions, restrictions, 

14 prohibitions, and stipulations under this section, the Sec15 retary shall consider the following: 

16 (1) The stipulations and conditions that govern 

17 the National Petroleum Reserve-Alaska leasing pro18 gram, as set forth in the 1999 Northeast National 

19 Petroleum Reserve-Alaska Final Integrated Activity 

20 Plan/Environmental Impact Statement. 

21 (2) The environmental protection standards 

22 that governed the initial Coastal Plain seismic explo23 ration program under parts 37.31 to 37.33 of title 

24 50, Code of Federal Regulations. 


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1 (3) The land use stipulations for exploratory 

2 drilling on the KIC–ASRC private lands that are set 

3 forth in appendix 2 of the August 9, 1983, agree4 ment between Arctic Slope Regional Corporation and 

5 the United States. 

6 (l) ENVIRONMENTAL APPEALS BOARD.— 

7 (1) LIMITATION ON DELEGATION OF AUTHOR8 ITY.—The Administrator of the Environmental Pro9 tection Agency shall not delegate any authority to 

10 the Environmental Appeals Board to consider, re11 view, reject, remand, or otherwise invalidate any per12 mit for activity under a lease under this title. 

13 (2) PERFORMANCE BY SECRETARY.—The Ad14 ministrator shall perform all duties currently as15 signed to the Environmental Appeals Board in the 

16 Secretary’s individual capacity. 

17 (m) FACILITY CONSOLIDATION PLANNING.— 

18 (1) IN GENERAL.—The Secretary shall, after 

19 providing for public notice and comment, prepare 

20 and update periodically a plan to govern, guide, and 

21 direct the siting and construction of facilities for the 

22 exploration, development, production, and transpor23 tation of Coastal Plain oil and gas resources. 

24 (2) OBJECTIVES.—The plan shall have the fol25 lowing objectives: 


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1 (A) Avoiding unnecessary duplication of fa2 cilities and activities. 

3 (B) Encouraging consolidation of common 

4 facilities and activities. 

5 (C) Locating or confining facilities and ac6 tivities to areas that will minimize impact on 

7 fish and wildlife, their habitat, and the environ8 ment. 

9 (D) Utilizing existing facilities wherever 

10 practicable. 

11 (E) Enhancing compatibility between wild12 life values and development activities. 

13 (n) ACCESS TO PUBLIC LANDS.—The Secretary 

14 shall— 

15 (1) manage public lands in the Coastal Plain 

16 subject to subsections (a) and (b) of section 811 of 

17 the Alaska National Interest Lands Conservation 

18 Act (16 U.S.C. 3121); and 

19 (2) ensure that local residents shall have rea20 sonable access to public lands in the Coastal Plain 

21 for traditional uses. 

22 (o) EXPEDITED JUDICIAL REVIEW.— 

23 (1) FILING OF COMPLAINT.— 

24 (A) DEADLINE.—A complaint seeking judi25 cial review of any provision of this section or 


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1 any action of the Secretary under this section 

2 shall be filed— 

3 (i) within the 90-day period beginning 

4 on the date of the action being challenged; 

5 or 

6 (ii) in the case of a complaint based 

7 solely on grounds arising after such period, 

8 within 90 days after the complainant knew 

9 or reasonably should have known of the 

10 grounds for the complaint. 

11 (B) VENUE.—Any complaint seeking judi12 cial review of any provision of this subtitle or 

13 any action of the Secretary under this subtitle 

14 may be filed only in the United States Court of 

15 Appeals for the District of Columbia. 

16 (C) LIMITATION ON SCOPE OF CERTAIN

17 REVIEW.—Judicial review of a Secretarial deci18 sion to conduct a lease sale under this subtitle, 

19 including the environmental analysis thereof, 

20 shall be limited to whether the Secretary has 

21 complied with this subtitle and shall be based 

22 upon the administrative record of that decision. 

23 The Secretary’s identification of a preferred 

24 course of action to enable leasing to proceed 

25 and the Secretary’s analysis of environmental 


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1 effects under this subtitle shall be presumed to 

2 be correct unless shown otherwise by clear and 

3 convincing evidence to the contrary. 

4 (2) LIMITATION ON OTHER REVIEW.—Actions 

5 of the Secretary with respect to which review could 

6 have been obtained under this section shall not be 

7 subject to judicial review in any civil or criminal pro8 ceeding for enforcement. 

9 SEC. 133. FEDERAL AND STATE DISTRIBUTION OF REVE10 NUES. 

11 (a) IN GENERAL.—All adjusted bonus, rental, and 

12 royalty revenues from Federal oil and gas leasing and op13 erations authorized under this subtitle shall be subject to 

14 distribution in the same manner as for Federal oil and 

15 gas leases under section 35 of the Mineral Leasing Act 

16 (30 U.S.C. 191). 

17 (b) PAYMENTS TO ALASKA.—Payments to the State 

18 of Alaska under this section shall be made semiannually. 

19 SEC. 134. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 

20 (a) IN GENERAL.—The Secretary shall issue rights21 of-way and easements across the Coastal Plain for the 

22 transportation of oil and gas— 

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

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

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1 tional Interest Lands Conservation Act (30 U.S.C. 

2 3161 et seq.); and 

3 (2) under title XI of the Alaska National Inter4 est Lands Conservation Act (30 U.S.C. 3161 et 

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

6 1111 of that Act (16 U.S.C. 3170 and 3171). 

7 (b) TERMS AND CONDITIONS.—The Secretary shall 

8 include in any right-of-way or easement issued under sub9 section (a) such terms and conditions as may be necessary 

10 to ensure that transportation of oil and gas does not result 

11 in a significant adverse effect on the fish and wildlife, sub12 sistence resources, their habitat, and the environment of 

13 the Coastal Plain, including requirements that facilities be 

14 sited or designed so as to avoid unnecessary duplication 

15 of roads and pipelines. 

16 (c) REGULATIONS.—The Secretary shall include in 

17 regulations under section 132 provisions granting rights18 of-way and easements described in subsection (a). 

19 SEC. 135. CONVEYANCE. 

20 In order to maximize Federal revenues by removing 

21 clouds on title to lands and clarifying land ownership pat22 terns within the Coastal Plain, the Secretary, notwith23 standing section 1302(h)(2) of the Alaska National Inter24 est Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 

25 convey— 


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1 (1) to the Kaktovik Inupiat Corporation the 

2 surface estate of the lands described in paragraph 1 

3 of Public Land Order 6959, to the extent necessary 

4 to fulfill the Corporation’s entitlement under sec5 tions 12 and 14 of the Alaska Native Claims Settle6 ment Act (43 U.S.C. 1611 and 1613) in accordance 

7 with the terms and conditions of the Agreement be8 tween the Department of the Interior, the United 

9 States Fish and Wildlife Service, the Bureau of 

10 Land Management, and the Kaktovik Inupiat Cor11 poration effective January 22, 1993; and 

12 (2) to the Arctic Slope Regional Corporation 

13 the remaining subsurface estate to which it is enti14 tled pursuant to the August 9, 1983, agreement be15 tween the Arctic Slope Regional Corporation and the 

16 United States of America. 

17 Subtitle D—State Control of En18 ergy Development and Produc19 tion on All Available Federal 

20 Land 

21 SEC. 141. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Federal Land 

23 Freedom Act of 2013’’. 


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1 SEC. 142. STATE CONTROL OF ENERGY DEVELOPMENT AND 

2 PRODUCTION ON ALL AVAILABLE FEDERAL 

3 LAND. 

4 (a) DEFINITIONS.—In this section: 

5 (1) AVAILABLE FEDERAL LAND.—The term 

6 ‘‘available Federal land’’ means any Federal land 

7 that, as of May 31, 2013— 

8 (A) is located within the boundaries of a 

9 State; 

10 (B) is not held by the United States in 

11 trust for the benefit of a federally recognized 

12 Indian tribe; 

13 (C) is not a unit of the National Park Sys14 tem; 

15 (D) is not a unit of the National Wildlife 

16 Refuge System; and 

17 (E) is not a Congressionally designated 

18 wilderness area. 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (3) STATE.—The term ‘‘State’’ means— 

22 (A) a State; and 

23 (B) the District of Columbia. 

24 (b) STATE PROGRAMS.— 

25 (1) IN GENERAL.—A State— 


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1 (A) may establish a program covering the 

2 leasing and permitting processes, regulatory re3 quirements, and any other provisions by which 

4 the State would exercise its rights to develop all 

5 forms of energy resources on available Federal 

6 land in the State; and 

7 (B) as a condition of certification under 

8 subsection (c)(2) shall submit a declaration to 

9 the Departments of the Interior, Agriculture, 

10 and Energy that a program under subpara11 graph (A) has been established or amended. 

12 (2) AMENDMENT OF PROGRAMS.—A State may 

13 amend a program developed and certified under this 

14 section at any time. 

15 (3) CERTIFICATION OF AMENDED PROGRAMS.— 

16 Any program amended under paragraph (2) shall be 

17 certified under subsection (c)(2). 

18 (c) LEASING, PERMITTING, AND REGULATORY PRO19 GRAMS.— 

20 (1) SATISFACTION OF FEDERAL REQUIRE21 MENTS.—Each program certified under this section 

22 shall be considered to satisfy all applicable require23 ments of Federal law (including regulations), includ24 ing— 


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1 (A) the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.); 

3 (B) the Endangered Species Act of 1973 

4 (16 U.S.C. 1531 et seq.); and 

5 (C) the National Historic Preservation Act 

6 (16 U.S.C. 470 et seq.). 

7 (2) FEDERAL CERTIFICATION AND TRANSFER

8 OF DEVELOPMENT RIGHTS.—Upon submission of a 

9 declaration by a State under subsection (b)(1)(B)— 

10 (A) the program under subsection 

11 (b)(1)(A) shall be certified; and 

12 (B) the State shall receive all rights from 

13 the Federal Government to develop all forms of 

14 energy resources covered by the program. 

15 (3) ISSUANCE OF PERMITS AND LEASES.—If a 

16 State elects to issue a permit or lease for the devel17 opment of any form of energy resource on any avail18 able Federal land within the borders of the State in 

19 accordance with a program certified under para20 graph (2), the permit or lease shall be considered to 

21 meet all applicable requirements of Federal law (in22 cluding regulations). 

23 (d) JUDICIAL REVIEW.—Activities carried out in ac24 cordance with this Act shall not be subject to judicial re25 view. 


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1 (e) ADMINISTRATIVE PROCEDURE ACT.—Activities 

2 carried out in accordance with this Act shall not be subject 

3 to subchapter II of chapter 5, and chapter 7, of title 5, 

4 United States Code (commonly known as the ‘‘Administra5 tive Procedure Act’’). 

6 Subtitle E—Prohibition on New 

7 Wilderness or Wilderness Study 

8 Areas on Lands Administered by 

9 the BLM Without Congressional 

10 Approval; Indian Land Develop11 ment 

12 SEC. 151. REPEAL OF EXECUTIVE ORDER. 

13 The Bureau of Land Management shall not imple14 ment, administer, or enforce Secretarial Order No. 3310, 

15 issued by the Secretary of the Interior on December 22, 

16 2010, except by Congressional approval. 

17 SEC. 152. WILDERNESS DESIGNATION PROCEDURES. 

18 (a) PRECONDITION TO DESIGNATION.—The Sec19 retary of the Interior may not designate or issue a rec20 ommendation to designate a wilderness or wilderness 

21 study area as ‘‘Wild Lands’’, ‘‘Wilderness’’, or any other 

22 protective designation on lands administered by the Bu23 reau of Land Management before the last day of the 30- 

24 day period beginning on the date on which the Secretary 

25 provides a description and map of the land proposed to 


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1 be so designated to Congress and to the Governor of each 

2 State with jurisdiction over parcels of land located within 

3 the boundaries of the area proposed to be designated. 

4 (b) PUBLIC PARTICIPATION.— 

5 (1) PUBLIC HEARING REQUIREMENT.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (D), not later than 90 days after the 

8 date on which the Secretary of the Interior 

9 issues a recommendation under subsection (a), 

10 the Secretary shall hold not fewer than one 

11 public hearing within a county (or comparable 

12 unit of local government) located wholly or in 

13 part within the boundaries of the proposed wil14 derness or wilderness study area. The Secretary 

15 shall ensure that all interested individuals are 

16 afforded an opportunity to participate in a 

17 hearing held under this paragraph. 

18 (B) COMMENTS.—The Secretary of the In19 terior shall solicit comments from the public at 

20 a hearing held under subparagraph (A), and 

21 shall enter all comments received at or related 

22 to such hearing into the record of the hearing. 

23 (C) AVAILABILITY OF RECORD.—The Sec24 retary of the Interior shall promptly make the 

25 record of a hearing held under subparagraph 


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1 (A), including a transcript of the hearing, avail2 able to the public on the Internet or by other 

3 electronic means. The Secretary shall ensure 

4 that any components of the record that are 

5 completed before the entire record is finalized 

6 are made available upon their completion. 

7 (D) WAIVER.—The Secretary of the Inte8 rior may decline to hold a public hearing under 

9 subparagraph (A) if each unit of local govern10 ment located wholly or in part within the 

11 boundaries of the national monument expressly 

12 waives the right to such hearing. 

13 (2) NOTICE AND COMMENT PERIOD REQUIRE14 MENT.—Not later than 30 days after the date on 

15 which Secretary of the Interior issues a rec16 ommendation under subsection (a), the Secretary 

17 shall initiate a notice and comment period to receive 

18 comments from the public regarding the rec19 ommendation. 

20 (3) REPORT.— 

21 (A) CONTENTS.—Not later than one year 

22 after issuing a recommendation to designate a 

23 wilderness or wilderness study area under sub24 section (a), the Secretary shall submit to Con25 gress a report containing the following: 


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1 (i) An analysis of the economic impact 

2 of the designation on the communities 

3 within 100 miles of the boundaries of the 

4 proposed wilderness or wilderness study 

5 area, including an estimate of the tax reve6 nues that will be lost to, or gained for, the 

7 Federal, State, and local governments as a 

8 result of the designation. 

9 (ii) An analysis of the impact the des10 ignation will have on the Nation’s energy 

11 security, including the effects of the loss of 

12 sites to produce wind, geothermal, or solar 

13 energy, and the number of barrels of oil, 

14 tons of coal, or cubic feet of natural gas 

15 that will become unavailable as a result of 

16 the designation. 

17 (iii) The projected impact of the des18 ignation on interests, rights, and uses as19 sociated with the parcels of land within the 

20 boundaries of the monument, including 

21 water rights, hunting, recreational shoot22 ing, grazing, timber production, vegetation 

23 manipulation to maintain forest health, 

24 off-road vehicle use, hiking, horseback 


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1 riding, and mineral and energy leases, 

2 claims, and permits. 

3 (iv) The record of any hearings held 

4 under paragraph (1). 

5 (v) Any written comments received 

6 during the notice and comment period con7 ducted under paragraph (2). 

8 (B) PUBLICATION.—The Secretary of the 

9 Interior shall ensure that— 

10 (i) a report submitted to Congress 

11 under subparagraph (A) is published on 

12 the Department of the Interior Web site 

13 upon completion; and 

14 (ii) any components of the report that 

15 are completed before the entire report is fi16 nalized and submitted to Congress are 

17 published on the Department of the Inte18 rior Web site upon their completion. 

19 (4) IMPLEMENTATION GUIDELINES.—The Sec20 retary of the Interior, in cooperation with the States, 

21 shall develop and publish guidelines to provide for 

22 the implementation of subsection. 

23 (c) CONGRESSIONAL APPROVAL OF DESIGNATION.— 

24 (1) APPROVAL REQUIRED.—A designation 

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1 tive following the last day of the 2-year period begin2 ning on the date on which the Secretary of the Inte3 rior issued the designation, unless the report is ap4 proved by an Act of Congress on or before that last 

5 day. 

6 (2) MANAGEMENT OF LAND BEFORE AP7 PROVAL.—During the period between the issuance of 

8 the report described in subsection (b)(3) and con9 gressional approval described above, the Secretary of 

10 the Interior shall ensure that any restriction placed 

11 on land and interests, rights, or uses associated with 

12 the parcels of land designated as a national monu13 ment, including water rights, hunting, recreational 

14 shooting, grazing, timber production, vegetation ma15 nipulation to maintain forest health, off-road vehicle 

16 use, hiking, horseback riding, and mineral and en17 ergy leases, claims, and permits, is narrowly tailored 

18 and essential to the proper care and management of 

19 the objects to be protected. 

20 (3) EFFECT OF NONAPPROVAL.—If Congress 

21 does not approve the report, any reservation of land 

22 made by the report, and any restriction imposed as 

23 a result of the report on interests, rights, or uses as24 sociated with the parcels of land, shall cease to be 


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1 effective following the last day of the 2-year period 

2 referred to in paragraph (1). 

3 SEC. 153. FUTURE EXECUTIVE BRANCH ACTIONS. 

4 (a) EFFECTIVENESS.—Upon enactment of this Act, 

5 no executive branch action that withdraws more than 100 

6 acres, in the aggregate, of public lands within the United 

7 States pursuant to the Antiquities Act of 1906 (16 U.S.C. 

8 431 et seq.) or any other relevant authority shall be effec9 tive except by compliance with this section. The provisions 

10 of this subsection shall apply to executive branch actions 

11 that withdraw less than 100 acres of public land where 

12 such withdrawals are located within 100 miles of any other 

13 withdrawal of public lands. 

14 (b) WITHDRAWAL.—To the extent authorized by ex15 isting law, the President or the relevant head of an agency 

16 may withdraw public lands in the United States provided 

17 that such withdrawal shall not be effective until notice is 

18 provided in the Federal Register and to the House of Rep19 resentatives and the Senate. Such withdrawal shall termi20 nate unless approved by a Federal statute not later than 

21 one year after the notice of such withdrawal has been sub22 mitted to Congress. 

23 (c) LIMITATION.—If Congress fails to pass an Act ap24 proving a withdrawal under subsection (b), the President 

25 or the relevant head of an agency shall be prohibited from 


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1 withdrawing such land or a similar area of public lands 

2 until at least 5 years after the end of the time period de3 scribed in subsection (b). 

4 SEC. 154. LEASES FOR DEVELOPMENT OF NATURAL RE5 SOURCES ON INDIAN LANDS. 

6 Subsection (a) of the first section of the Act to au7 thorize the leasing of restricted Indian lands for public, 

8 religious, educational, recreational, residential, business, 

9 and other purposes requiring the grant of long-term leases 

10 (25 U.S.C. 415(a); commonly known as the ‘‘Long-term 

11 Leasing Act’’) is amended by striking ‘‘including the de12 velopment or utilization of natural resources in connection 

13 with operations under such leases’’ and inserting ‘‘except 

14 leases for the development or utilization of natural re15 sources and leases in connection with operations under 

16 such leases, neither of which shall require Secretarial ap17 proval under this section,’’. 


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1 Subtitle F—Legal Causes and 

2 Claims Pertaining to the Leas3 ing and Development of Federal 

4 Lands for Exploration and Pro5 duction of Oil, Natural Gas, As6 sociated Hydrocarbons, and Oil 

7 Shale 

8 SEC. 161. OIL SHALE, TAR SANDS, AND OTHER STRATEGIC 

9 UNCONVENTIONAL FUELS. 

10 (a) JURISDICTION.—Upon enactment of this Act, the 

11 Federal Energy Regulatory Commission, in lieu of the De12 partment of the Interior, shall be granted exclusive juris13 diction and all relevant authority to implement and admin14 ister the leasing program for research and development 

15 of oil shale and tar sands and all other programs and re16 quirements contained in section 369 of the Energy Policy 

17 Act of 2005 (Public Law 109–58; 42 U.S.C. 15927). 

18 (b) REGULATIONS.—Upon enactment of this Act and 

19 pursuant to paragraph (1), the Federal Energy Regu20 latory Commission shall immediately stay all regulations 

21 and guidelines promulgated by the Department of the In22 terior or any other agency under section 369 of the En23 ergy Policy Act of 2005 and, notwithstanding any other 

24 law, publish proposed rules in the Federal Register not 

25 later than 6 months following enactment of this Act that 


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1 fully implement as expeditiously as practicable the provi2 sions of such section 369. The Federal Energy Regulatory 

3 Commission shall publish final rules not later than 18 

4 months following enactment of this Act. 

5 (c) RESOURCES.—The Federal Energy Regulatory 

6 Commission is authorized to request from the Department 

7 of the Interior and the Department of Energy any re8 sources and personnel that it deems necessary to imple9 ment and administer the provisions of this subsection, and 

10 the Department of the Interior and the Department of En11 ergy are required to provide such resources and personnel 

12 as requested. 

13 SEC. 162. ENERGY PRODUCTION ON FEDERAL LANDS. 

14 (a) REQUIREMENT.—The Secretary of the Interior is 

15 directed to take sufficient actions to ensure that by Janu16 ary 1, 2018, not less than 10 percent of the Federal outer 

17 Continental Shelf lands and not less than 10 percent of 

18 onshore Federal lands and interests in lands that are 

19 under the Secretary’s jurisdiction are being leased for the 

20 production of energy. 

21 (b) AUTHORIZATION.—The Secretary of the Interior 

22 shall utilize all available authority pursuant to this Act 

23 and any other Federal law, as applicable, to comply with 

24 the requirement in subsection (a). 


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1 SEC. 163. JURISDICTION. 

2 (a) EXCLUSIVE JURISDICTION.—Notwithstanding 

3 any other provision of law, including section 23(c)(2) of 

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

5 1349(c)(2)), any final agency decision concerning any cov6 ered oil and natural gas activity shall be subject to judicial 

7 review only in the United States District Court for the 

8 District of Columbia. 

9 (b) FINALITY OF LEASING DECISIONS.—Notwith10 standing the provisions of any law or regulation to the 

11 contrary, a decision by the Bureau of Land Management 

12 or the Minerals Management Service to issue a Final No13 tice of Sale and proceed with an oil and gas lease sale 

14 pursuant to any authorizing leasing statute shall not be 

15 subject to further administrative review within the Depart16 ment of the Interior, and shall be the final decision of the 

17 agency for purposes of judicial review. 

18 (c) EXPEDITED REVIEW.—Section 390 of the Energy 

19 Policy Act of 2005 (42 U.S.C. 15942) is amended— 

20 (1) by striking ‘‘be subject to a rebuttable pre21 sumption that the use of’’ and inserting ‘‘apply’’; 

22 and 

23 (2) by striking ‘‘would apply’’. 

24 SEC. 164. JUDICIAL REVIEW. 

25 (a) IN GENERAL.— 


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1 (1) EXCLUSIVE JURISDICTION.—The United 

2 States Court of Appeals for the circuit in which a 

3 Priority Energy Project is proposed to be con4 structed, expanded, or operated shall have original 

5 and exclusive jurisdiction over the review of an order 

6 or action of a Federal agency or State administra7 tive agency acting pursuant to Federal law to issue, 

8 condition, or deny any permit, license, concurrence, 

9 or approval (hereinafter in this section collectively 

10 referred to as a ‘‘permit’’) required under Federal 

11 law. 

12 (2) AGENCY DELAY.—The United States Court 

13 of Appeals for the District of Columbia shall have 

14 original and exclusive jurisdiction over the review of 

15 an alleged failure to act by a Federal agency or 

16 State administrative agency acting pursuant to Fed17 eral law to issue, condition, or deny any permit re18 quired under Federal law for a Priority Energy 

19 Project. 

20 (3) COURT ACTION.— 

21 (A) IN GENERAL.—The Court shall act as 

22 expeditiously as possible for all appeals under 

23 this section. 

24 (B) REMAND.—If a Court finds that such 

25 order or action is inconsistent with the Federal 


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1 law governing such permit and would prevent 

2 the construction, expansion, or operation of the 

3 Priority Energy Project, the Court shall re4 mand the proceeding to the agency to take ap5 propriate action consistent with the order of the 

6 Court. If the Court remands the order or action 

7 to a Federal or State agency, the Court shall 

8 set as expeditious a schedule and deadline as 

9 possible for the agency to act on remand, and 

10 in any event shall allow not more than 90 days 

11 for agency action on remand. 

12 (C) ATTORNEY’S FEES AND OTHER EX13 PENSES.—Attorney’s fees and other expenses of 

14 litigation shall be awarded to the prevailing 

15 party in actions challenging an agency action 

16 granting a permit for or otherwise authorizing 

17 a Priority Energy Project, but in no event shall 

18 a Priority Energy Project Developer be required 

19 to pay attorney’s fees and other expenses of liti20 gation to a prevailing party. 

21 (4) APPEALS.—Appeals brought pursuant to 

22 this section may only be filed within 30 days of a 

23 final agency action regarding a permit. 

24 (b) CITIZEN SUITS.— 


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1 (1) STANDING.—In any suit involving a Priority 

2 Energy Project brought under a citizen suit provi3 sion under a Federal law, any fact material to the 

4 standing of the party bringing the suit that is in dis5 pute shall be adjudicated by the Court prior to the 

6 adjudication of any other issue relating to the merits 

7 of the suit. 

8 (2) PRESERVATION OF AGENCY DISCRETION.— 

9 (A) NOTICE OF CITIZEN SUIT RE10 QUIRED.—A party seeking to file a citizen suit 

11 pursuant to a Federal law involving a Priority 

12 Energy Project shall first notify in writing the 

13 relevant agency and the Priority Energy Project 

14 Developer of its intent to file a citizen suit, the 

15 claims it intends to bring, and all relevant stat16 utory and regulatory provisions. 

17 (B) DETERMINATION REQUIRED.— 

18 (i) IN GENERAL.—Not later than 60 

19 days following receipt of such notice, the 

20 agency shall exercise discretion in deter21 mining whether enforcement of the claims 

22 described in such notice are an appropriate 

23 use of agency resources. 

24 (ii) DISMISSAL REQUIRED.—If the 

25 agency determines such claims are not an 


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1 appropriate use of agency resources, the 

2 citizen suit shall be not be considered au3 thorized under relevant Federal law and if 

4 filed shall be immediately dismissed by the 

5 Court. 

6 (iii) AGENCY RESPONSE REQUIRED.— 

7 If the agency determines such claims are 

8 an appropriate use of agency resources, the 

9 agency shall have a period of 24 months to 

10 act in response to such claims, including 

11 by bringing an enforcement action or by 

12 consulting with the Priority Energy 

13 Project Developer, before the citizen suit 

14 shall be considered authorized under rel15 evant Federal law. Upon the request of the 

16 Priority Energy Project Developer, the 

17 agency must allow for an additional 24 

18 months to act in response to such claims. 

19 (C) CITIZEN SUIT AUTHORIZED.—After 

20 the 24-month period, or 48-month period, as 

21 applicable, described in subparagraph (B)(iii) 

22 has expired, if the agency publishes a notice in 

23 the Federal Register expressly stating that it 

24 declines to address the claims described by the 

25 party seeking to file a citizen suit as described 


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1 pursuant to subparagraph (A), then such party 

2 is authorized to file a citizen suit under relevant 

3 Federal law. The agency is prohibited from 

4 publishing such notice if the Priority Energy 

5 Project Developer has consulted with the agen6 cy and taken remedial action regarding the 

7 claims contained in the notice described in 

8 paragraph (A). 

9 (D) ATTORNEYS FEES AND EXPENSES.— 

10 In a citizen suit filed pursuant a Federal law 

11 that involves a Priority Energy Project, a Pri12 ority Energy Project Developer shall not be re13 quired to pay attorneys fees and expenses to a 

14 prevailing party. 

15 (3) SETTLEMENTS.—Notwithstanding any 

16 other provision of law, no Federal agency shall enter 

17 into a settlement agreement arising from a citizen 

18 suit subject to this subsection that would require the 

19 reallocation of agency resources that had been pre20 viously allocated by law or regulation. 

21 SEC. 165. TIME FOR FILING PETITION FOR JUDICIAL RE22 VIEW; STANDING, FILING OF RECORD. 

23 (a) DEADLINE.—All petitions for judicial review of 

24 covered oil and natural gas activities must be filed within 


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1 45 days of the final agency decision or the challenge shall 

2 be barred. 

3 (b) STANDING.—Only persons whose legal rights will 

4 be directly and adversely affected by the challenged action, 

5 and who are within the zone of interest protected by each 

6 Act under which the challenge is brought, shall have 

7 standing to file any petition for judicial review of covered 

8 oil and natural gas activities. 

9 (c) LIMITATION.—Nothing in this section creates a 

10 right to judicial review or places any limit on filing a claim 

11 that a person has violated the terms of a permit, license, 

12 or approval. 

13 (d) CONSOLIDATED RECORD.—When any civil action 

14 is brought concerning any covered oil and natural gas ac15 tivity, the Federal agencies involved shall immediately pre16 pare for the court the consolidated record compiled for the 

17 challenged decision. 

18 (e) COMPLETION OF REVIEW.—The court shall com19 plete all judicial review, including rendering a judgment, 

20 before the end of the 210-day period beginning on the date 

21 on which a petition is filed that is subject to this subtitle, 

22 unless all parties to such proceeding agree to an extension 

23 of such period. 

24 (f) EXPEDITED MANDAMUS REVIEW.—Notwith25 standing subsection (e), within 30 days after the filing of 


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1 an action that is subject to this subtitle, the court shall 

2 issue a decision either compelling permit issuance or es3 tablishing a schedule that enables the most expeditious 

4 possible completion of proceedings. The court may issue 

5 orders to enforce any schedule it establishes under this 

6 subsection. 

7 (g) NO PRIVATE RIGHT OF ACTION.—Except as ex8 pressly provided in this section, this subtitle shall not be 

9 construed to create any additional right, benefit, or trust 

10 responsibility, substantive or procedural, enforceable at 

11 law or equity, by a person against the United States, its 

12 agencies, its officers, or any person. 

13 SEC. 166. LIMITATION ON SCOPE OF REVIEW AND RELIEF. 

14 (a) PROSPECTIVE RELIEF.—In any proceeding for 

15 judicial review that is subject to this subtitle, the court 

16 shall not grant or approve any prospective relief unless 

17 the court finds that such relief is narrowly drawn, extends 

18 no further than necessary to correct the violation of a Fed19 eral law requirement, and is the least intrusive means nec20 essary to correct the violation. 

21 (b) EFFECTIVENESS OF AGENCY DECISION PENDING

22 JUDICIAL REVIEW.—Final agency decisions relating to 

23 covered oil and natural gas activities shall be effective 

24 pending any judicial review of such decisions unless the 

25 Court issues an order staying the effect of the decision. 


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1 SEC. 167. EXCLUSION. 

2 This subtitle shall not apply to disputes between the 

3 parties to a lease issued pursuant to an authorizing leas4 ing statute regarding the obligations of such lease or the 

5 alleged breach thereof. 

6 Subtitle G—Development of Solar 

7 and Wind Energy on Public Land 

8 SEC. 171. DEFINITIONS. 

9 In this subtitle: 

10 (1) COVERED LAND.—The term ‘‘covered land’’ 

11 means land that is— 

12 (A)(i) public land administered by the Sec13 retary; or 

14 (ii) National Forest System land adminis15 tered by the Secretary of Agriculture; and 

16 (B) not excluded from the development of 

17 solar or wind energy under— 

18 (i) a land use plan established under 

19 the Federal Land Policy and Management 

20 Act of 1976 (43 U.S.C. 1701 et seq.); 

21 (ii) a land use plan established under 

22 the National Forest Management Act of 

23 1976 (16 U.S.C. 1600 et seq.); or 

24 (iii) other law. 


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1 (2) PILOT PROGRAM.—The term ‘‘pilot pro2 gram’’ means the wind and solar leasing pilot pro3 gram established under section 173(a). 

4 (3) PUBLIC LAND.—The term ‘‘public land’’ 

5 has the meaning given the term ‘‘public lands’’ in 

6 section 103 of the Federal Land Policy and Manage7 ment Act of 1976 (43 U.S.C. 1702). 

8 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

9 means— 

10 (A) in the case of public land administered 

11 by the Secretary, the Secretary; and 

12 (B) in the case of National Forest System 

13 land administered by the Secretary of Agri14 culture, the Secretary of Agriculture. 

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

16 the Secretary of the Interior. 

17 SEC. 172. PROGRAMMATIC ENVIRONMENTAL IMPACT 

18 STATEMENTS AND LAND USE PLANNING. 

19 (a) NATIONAL FOREST SYSTEM LAND.—As soon as 

20 practicable but not later than 2 years after the date of 

21 enactment of this Act, the Secretary of Agriculture shall— 

22 (1) prepare and publish in the Federal Register 

23 a notice of intent to prepare a programmatic envi24 ronmental impact statement in accordance with the 

25 National Environmental Policy Act of 1969 (42 


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1 U.S.C. 4321 et seq.) to analyze the potential im2 pacts of— 

3 (A) a program to develop solar and wind 

4 energy on National Forest System land admin5 istered by the Secretary of Agriculture; and 

6 (B) any necessary amendments to land use 

7 plans for the land; and 

8 (2) amend any land use plans as appropriate to 

9 provide for the development of energy resources in 

10 areas considered appropriate by the Secretary of Ag11 riculture immediately on completion of the pro12 grammatic environmental impact statement. 

13 (b) EFFECT ON PROCESSING APPLICATIONS.—The 

14 requirement for completion of programmatic environ15 mental impact statements under this section shall not re16 sult in any delay in processing or approving applications 

17 for wind or solar development on public land administered 

18 by the Secretary or on National Forest System land. 

19 (c) MILITARY INSTALLATIONS.— 

20 (1) REPORT.— 

21 (A) IN GENERAL.—Not later than 2 years 

22 after the date of enactment of this Act, the Sec23 retary of Defense, in consultation with the Sec24 retary of the Interior, shall conduct a study, 

25 and prepare a report, that— 


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1 (i) identifies locations on land with2 drawn from the public domain and re3 served for military purposes that— 

4 (I) exhibit a high potential for 

5 solar, wind, geothermal, or other en6 ergy resources production; 

7 (II) are disturbed or otherwise 

8 have comparatively low value for other 

9 resources; and 

10 (III) could be developed for en11 ergy production in a manner con12 sistent with all present and reasonably 

13 foreseeable military training and oper14 ational missions and research, devel15 opment, testing, and evaluation re16 quirements; and 

17 (ii) describes the administration of 

18 public land withdrawn for military pur19 poses for the development of commercial20 scale energy projects, including the legal 

21 authorities governing authorization for 

22 that use. 

23 (B) RECOMMENDATIONS.—The report 

24 shall include recommendations on— 


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1 (i) necessary changes in any law (in2 cluding regulations); 

3 (ii) whether the authorization for the 

4 use of the land for development of energy 

5 projects should be pursuant to lease, con6 tract, right-of-way, permit, or other form 

7 of authorization; 

8 (iii) methods of improving coordina9 tion among the Federal, State, and local 

10 agencies, if any, involved in authorizing the 

11 projects; and 

12 (iv) disposition of revenues resulting 

13 from the development of energy projects on 

14 the land. 

15 (2) ENVIRONMENTAL IMPACT ANALYSIS.—Not 

16 later than 1 year after the completion of the study 

17 required by paragraph (1), the Secretary of Defense, 

18 in consultation with the Secretary of the Interior, 

19 shall prepare and publish in the Federal Register a 

20 notice of intent to prepare an environmental impact 

21 analysis document to support a program to develop 

22 energy resources on withdrawn military land identi23 fied in the study as suitable for the production. 

24 (3) REPORTS.—On completion of the report, 

25 the Secretary and the Secretary of Defense shall 


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1 jointly submit the report required by paragraph (1) 

2 to— 

3 (A) the Committee on Armed Services of 

4 the Senate; 

5 (B) the Committee on Energy and Natural 

6 Resources of the Senate; 

7 (C) the Committee on Armed Services of 

8 the House of Representatives; and 

9 (D) the Committee on Natural Resources 

10 of the House of Representatives. 

11 SEC. 173. DEVELOPMENT OF SOLAR AND WIND ENERGY ON 

12 PUBLIC LAND. 

13 (a) PILOT PROGRAM.— 

14 (1) IN GENERAL.—Not later than 180 days 

15 after the date of enactment of this Act, the Sec16 retary shall establish a wind and solar leasing pilot 

17 program on covered land administered by the Sec18 retary. 

19 (2) SELECTION OF SITES.— 

20 (A) IN GENERAL.—Not later than 90 days 

21 after the date the pilot program is established 

22 under this subsection, the Secretary shall (tak23 ing into consideration the multiple resource val24 ues of the land) select 2 sites that are appro25 priate for the development of a solar energy 


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1 project, and 2 sites that are appropriate for the 

2 development of a wind energy project, on cov3 ered land administered by the Secretary as part 

4 of the pilot program. 

5 (B) SITE SELECTION.—In carrying out 

6 subparagraph (A), the Secretary shall seek to 

7 select sites— 

8 (i) for which there is likely to be a 

9 high level of industry interest; 

10 (ii) that have a comparatively low 

11 value for other resources; and 

12 (iii) that are representative of sites on 

13 which solar or wind energy is likely to be 

14 developed on covered land. 

15 (C) INELIGIBLE SITES.—The Secretary 

16 shall not select as part of the pilot program any 

17 site for which a right-of way for site testing or 

18 construction has been issued. 

19 (3) QUALIFICATIONS.—Prior to any lease sale, 

20 the Secretary shall establish qualifications for bid21 ders that ensure bidders— 

22 (A) are able to expeditiously develop a 

23 wind or solar energy project on the site for 

24 lease; 

25 (B) possess— 


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1 (i) financial resources necessary to 

2 complete a project; 

3 (ii) knowledge of the applicable tech4 nology; and 

5 (iii) such other qualifications as are 

6 determined appropriate by the Secretary; 

7 and 

8 (C) meet the eligibility requirements for 

9 leasing under the first section of the Mineral 

10 Leasing Act (30 U.S.C. 181). 

11 (4) LEASE SALES.— 

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

13 subparagraph (D)(ii), not later than 180 days 

14 after the date sites are selected under para15 graph (2), the Secretary shall offer each site for 

16 competitive leasing to qualified bidders under 

17 such terms and conditions as are required by 

18 the Secretary. 

19 (B) BIDDING SYSTEMS.— 

20 (i) IN GENERAL.—In offering the sites 

21 for lease, the Secretary may vary the bid22 ding systems to be used at each lease sale, 

23 including— 


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1 (I) cash bonus bids with a re2 quirement for payment of the royalty 

3 established under this Act; 

4 (II) variable royalty bids based 

5 on a percentage of the gross proceeds 

6 from the sale of electricity produced 

7 from the lease, except that the royalty 

8 shall not be less than the royalty re9 quired under this Act, together with a 

10 fixed cash bonus; and 

11 (III) such other bidding system 

12 as ensures a fair return to the public 

13 consistent with the royalty established 

14 under this Act. 

15 (ii) ROUND.—The Secretary shall 

16 limit bidding to 1 round in any lease sale. 

17 (iii) EXPENDITURES.—In any case in 

18 which the land that is subject to lease has 

19 1 or more pending applications for the de20 velopment of wind or solar energy at the 

21 time of the lease sale, the Secretary shall 

22 give credit toward any bid submitted by 

23 the applicant for expenditures of the appli24 cant considered by the Secretary to be 


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1 qualified and necessary for the preparation 

2 of the application. 

3 (C) REVENUES.—Bonus bids, royalties, 

4 rentals, fees, or other payments collected by the 

5 Secretary under this section shall be subject to 

6 section 174. 

7 (D) LEASE TERMS.— 

8 (i) IN GENERAL.—As part of the pilot 

9 program, the Secretary may vary the 

10 length of the lease terms and establish 

11 such other lease terms and conditions as 

12 the Secretary considers appropriate. 

13 (ii) DATA COLLECTION.—As part of 

14 the pilot program, the Secretary shall— 

15 (I) offer on a noncompetitive 

16 basis on at least 1 site a short-term 

17 lease for data collection; and 

18 (II) on the expiration of the 

19 short-term lease, offer on a competi20 tive basis a long-term lease, giving 

21 credit toward the bonus bid to the 

22 holder of the short-term lease for any 

23 qualified expenditures to collect data 

24 to develop the site during the short25 term lease. 


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1 (5) COMPLIANCE WITH LAWS.—In offering for 

2 lease the selected sites under paragraph (4), the Sec3 retary shall comply with all applicable environmental 

4 and other laws. 

5 (6) REPORT.—The Secretary shall— 

6 (A) compile a report of the results of each 

7 lease sale under the pilot program, including— 

8 (i) the level of competitive interest; 

9 (ii) a summary of bids and revenues 

10 received; and 

11 (iii) any other factors that may have 

12 impacted the lease sale process; and 

13 (B) not later than 90 days after the final 

14 lease sale, submit to the Committee on Energy 

15 and Natural Resources of the Senate and the 

16 Committee on Natural Resources of the House 

17 of Representatives the report described in sub18 paragraph (A). 

19 (7) RIGHTS-OF-WAY.—During the pendency of 

20 the pilot program, the Secretary shall continue to 

21 issue rights-of-way, in compliance with authority in 

22 effect on the date of enactment of this Act, for avail23 able sites not selected for the pilot program. 

24 (b) SECRETARIAL DETERMINATION.— 


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1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, the Secretaries 

3 shall make a joint determination on whether to es4 tablish a leasing program under this section for wind 

5 or solar energy, or both, on all covered land. 

6 (2) SYSTEM.—If the Secretaries determine that 

7 a leasing program should be established, the pro8 gram shall apply to all covered land in accordance 

9 with this Act and other provisions of law applicable 

10 to public land or National Forest System land. 

11 (3) ESTABLISHMENT.—The Secretaries shall 

12 establish a leasing program unless the Secretaries 

13 determine that the program— 

14 (A) is not in the public interest; and 

15 (B) does not provide an effective means of 

16 developing wind or solar energy. 

17 (4) CONSULTATION.—In making the determina18 tions required under this subsection, the Secretaries 

19 shall consult with— 

20 (A) the heads of other relevant Federal 

21 agencies; 

22 (B) interested States, Indian tribes, and 

23 local governments; 

24 (C) representatives of the solar and wind 

25 industries; 


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1 (D) representatives of the environment, 

2 conservation, and outdoor sporting commu3 nities; 

4 (E) other users of the covered land; and 

5 (F) the public. 

6 (5) CONSIDERATIONS.—In making the deter7 minations required under this subsection, the Secre8 taries shall consider the results of the pilot program. 

9 (6) REGULATIONS.—Not later than 1 year after 

10 the date on which any determination is made to es11 tablish a leasing program, the Secretaries shall joint12 ly promulgate final regulations to implement the 

13 program. 

14 (7) REPORT.—If the Secretaries determine that 

15 a leasing program should not be established, not 

16 later than 60 days after the date of the determina17 tion, the Secretaries shall jointly submit to the Com18 mittee on Energy and Natural Resources of the Sen19 ate and the Committee on Natural Resources of the 

20 House of Representatives a report describing the 

21 basis and findings for the determination. 

22 (c) TRANSITION.— 

23 (1) IN GENERAL.—If the Secretaries determine 

24 under subsection (b) that a leasing program should 

25 be established for covered land, until the program is 


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1 established and final regulations for the program are 

2 issued— 

3 (A) the Secretary shall continue to accept 

4 applications for rights-of-way on covered land, 

5 and provide for the issuance of rights-of-way on 

6 covered land within the jurisdiction of the Sec7 retary for the development of wind or solar en8 ergy pursuant to each requirement described in 

9 title V of the Federal Land Policy and Manage10 ment Act of 1976 (43 U.S.C. 1761 et seq.) and 

11 other applicable law; and 

12 (B) the Secretary of Agriculture shall con13 tinue to accept applications for authorizations, 

14 and provide for the issuance of the authoriza15 tions, for the development of wind or solar en16 ergy on covered land within the jurisdiction of 

17 the Secretary pursuant to applicable law. 

18 (2) EXISTING RIGHTS-OF-WAY AND AUTHORIZA19 TIONS.— 

20 (A) IN GENERAL.—Effective beginning on 

21 the date on which the wind or solar leasing pro22 grams are established and final regulations are 

23 issued, the Secretaries shall not renew an exist24 ing right-of-way or other authorization for wind 


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1 or solar energy development at the end of the 

2 term of the right-of-way or authorization. 

3 (B) LEASE.— 

4 (i) IN GENERAL.—Subject to clause 

5 (ii), at the end of the term of the right-of6 way or other authorization for the wind or 

7 solar energy project, the Secretary or, in 

8 the case of National Forest System land, 

9 the Secretary of Agriculture, shall grant, 

10 without a competitive process, a lease to 

11 the holder of the right-of-way or other au12 thorization for the same covered land as 

13 was authorized under the right-of-way or 

14 other authorization if (as determined by 

15 the Secretary concerned)— 

16 (I) the holder of the right-of-way 

17 or other authorization has met the re18 quirements of diligent development; 

19 and 

20 (II) issuance of the lease is in the 

21 public interest and consistent with ap22 plicable law. 

23 (ii) TERMS AND CONDITIONS.—Any 

24 lease described in clause (i) shall be sub25 ject to— 


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1 (I) terms and conditions that are 

2 consistent with this Act and the regu3 lations issued under this Act; and 

4 (II) the regulations in effect on 

5 the date of renewal and any other 

6 terms and conditions that the Sec7 retary considers necessary to protect 

8 the public interest. 

9 (3) PENDING RIGHTS-OF-WAY.—Effective begin10 ning on the date on which the wind or solar leasing 

11 programs are established and final regulations for 

12 the programs are issued, the Secretary or, with re13 spect to National Forest System land, the Secretary 

14 of Agriculture shall provide any applicant that has 

15 filed a plan of development for a right-of-way or, in 

16 the case of National Forest System land, for an ap17 plicable authorization, for a wind or solar energy 

18 project with an option to acquire a lease on a non19 competitive basis, under such terms and conditions 

20 as are required by this Act, applicable regulations, 

21 and the Secretary concerned, for the same covered 

22 land included in the plan of development if— 

23 (A) the plan of development has been de24 termined by the Secretary concerned to be ade25 quate for the initiation of environmental review; 


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1 (B) granting the lease is consistent with all 

2 applicable land use planning, environmental, 

3 and other laws; 

4 (C) the applicant has made a good faith ef5 fort to obtain a right-of-way or, in the case of 

6 National Forest System land, other authoriza7 tion, for the project; and 

8 (D) issuance of the lease is in the public 

9 interest. 

10 (d) LEASING PROGRAM.—If the Secretaries deter11 mine under subsection (b) that a leasing program should 

12 be established, the program shall be established in accord13 ance with subsections (e) through (k). 

14 (e) COMPETITIVE LEASES.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), leases for wind or solar energy develop17 ment under this section shall be issued on a competi18 tive basis with a single round of bidding in any lease 

19 sale. 

20 (2) EXCEPTIONS.—Paragraph (1) shall not 

21 apply if the Secretary or, with respect to National 

22 Forest System land, the Secretary of Agriculture de23 termines that— 

24 (A) no competitive interest exists for the 

25 covered land; 


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1 (B) the public interest would not be served 

2 by the competitive issuance of a lease; 

3 (C) the lease is for the placement and op4 eration of a meteorological or data collection fa5 cility or for the development or demonstration 

6 of a new wind or solar technology and has a 

7 term of not more than 5 years; or 

8 (D) the covered land is eligible to be grant9 ed a noncompetitive lease under subsection (c). 

10 (f) PAYMENTS.— 

11 (1) IN GENERAL.—The Secretaries shall jointly 

12 establish fees, rentals, bonuses, or other payments to 

13 ensure a fair return to the United States for any 

14 lease issued under this section. 

15 (2) BONUS BIDS.—The Secretaries may grant 

16 credit toward any bonus bid for a qualified expendi17 ture by the holder of a lease described in subsection 

18 (e)(2)(C) in any competitive lease sale held for a 

19 long-term lease covering the same land covered by 

20 the lease described in subsection (e)(2)(C). 

21 (g) QUALIFICATIONS.—Prior to any lease sale, the 

22 Secretary shall establish qualifications for bidders that en23 sure bidders meet the requirements described in sub24 section (a)(3). 


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1 (h) REQUIREMENTS.—The Secretaries shall ensure 

2 that any activity under a leasing program is carried out 

3 in a manner that— 

4 (1) is consistent with all applicable land use 

5 planning, environmental, and other laws; and 

6 (2) provides for— 

7 (A) safety; 

8 (B) protection of the environment and fish 

9 and wildlife habitat; 

10 (C) mitigation of impacts; 

11 (D) prevention of waste; 

12 (E) diligent development of the resource, 

13 with specific milestones to be met by the lessee 

14 as determined by the Secretaries; 

15 (F) coordination with applicable Federal 

16 agencies; 

17 (G) a fair return to the United States for 

18 any lease; 

19 (H) use of best management practices, in20 cluding planning and practices for mitigation of 

21 impacts; 

22 (I) public notice and comment on any pro23 posal submitted for a lease under this section; 


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1 (J) oversight, inspection, research, moni2 toring, and enforcement relating to a lease 

3 under this section; 

4 (K) the quantity of acreage to be commen5 surate with the size of the project covered by a 

6 lease; and 

7 (L) efficient use of water resources. 

8 (i) LEASE DURATION, SUSPENSION, AND CANCELLA9 TION.— 

10 (1) DURATION.—A lease under this section 

11 shall be for— 

12 (A) an initial term of 25 years; and 

13 (B) any additional period after the initial 

14 term during which electricity is being produced 

15 annually in commercial quantities from the 

16 lease. 

17 (2) ADMINISTRATION.—The Secretary shall es18 tablish terms and conditions for the issuance, trans19 fer, renewal, suspension, and cancellation of a lease 

20 under this section. 

21 (3) READJUSTMENT.— 

22 (A) IN GENERAL.—Royalties, rentals, and 

23 other terms and conditions of a lease under this 

24 section shall be subject to readjustment— 


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1 (i) on the date that is 15 years after 

2 the date on which the lease is issued; and 

3 (ii) every 10 years thereafter. 

4 (B) LEASE.—Each lease issued under this 

5 Act shall provide for readjustment in accord6 ance with subparagraph (A). 

7 (j) SURFACE-DISTURBING ACTIVITIES.—The Secre8 taries shall— 

9 (1) regulate all surface-disturbing activities con10 ducted pursuant to any lease issued under this sec11 tion; and 

12 (2) require any necessary reclamation and other 

13 actions under the lease as are required in the inter14 est of conservation of surface resources. 

15 (k) SECURITY.—The Secretaries shall require the 

16 holder of a lease issued under this section— 

17 (1) to furnish a surety bond or other form of 

18 security, as prescribed by the Secretaries; 

19 (2) to provide for the reclamation and restora20 tion of the area covered by the lease; and 

21 (3) to comply with such other requirements as 

22 the Secretaries consider necessary to protect the in23 terests of the public and the United States. 

24 (l) PERIODIC REVIEW.—Not less frequently than 

25 once every 5 years, the Secretary shall conduct a review 


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1 of the adequacy of the surety bond or other form of secu2 rity provided by the holder of a lease issued under this 

3 section. 

4 SEC. 174. DISPOSITION OF REVENUES. 

5 (a) DISPOSITION OF REVENUES.—Of the amounts 

6 collected as bonus bids, royalties, rentals, fees, or other 

7 payments under a right-of-way, permit, lease, or other au8 thorization for the development of wind or solar energy 

9 on covered land— 

10 (1) 25 percent shall be paid by the Secretary of 

11 the Treasury to the State within the boundaries of 

12 which the income is derived; 

13 (2) 25 percent shall be paid by the Secretary of 

14 the Treasury to the 1 or more counties within the 

15 boundaries of which the income is derived; and 

16 (3) 50 percent shall be deposited in the Treas17 ury of the United States. 

18 (b) PAYMENTS TO STATES AND COUNTIES.— 

19 Amounts paid to States and counties under subsection (a) 

20 shall be used consistent with section 35 of the Mineral 

21 Leasing Act (30 U.S.C. 191). 


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1 Subtitle H—Miscellaneous 

2 Provisions 

3 SEC. 181. MILITARY OPERATIONS. 

4 The Secretary shall consult with the Secretary of De5 fense regarding military operations needs in the waters of 

6 the outer Continental Shelf. The Secretary shall work with 

7 the Secretary of Defense to resolve any conflicts that 

8 might arise between such operations and leasing under 

9 this subtitle. If the Secretaries are unable to resolve all 

10 such conflicts, any unresolved issues shall be referred by 

11 the Secretaries to the President within 90 days for imme12 diate resolution. 

13 SEC. 182. ENVIRONMENTAL SENSITIVITY ANALYSIS UNDER 

14 THE PROGRAM. 

15 (a) ENVIRONMENTAL SENSITIVITY INDEX.—The En16 vironmental Sensitivity Index, developed by the National 

17 Oceanic and Atmospheric Administration, which considers 

18 the sensitivity of different shoreline areas to oil spills, and 

19 the ranking under the program of the areas of the outer 

20 Continental Shelf based upon the Environmental Sensi21 tivity Index, satisfies the requirements of section 18 of the 

22 Act (43 U.S.C. 1344), including the requirement to con23 sider the relative environmental sensitivity of different 

24 areas of the outer Continental Shelf under section 

25 18(a)(2)(G) of the Act (43 U.S.C. 1344(a)(2)(G)). 


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1 (b) PROGRAM DEEMED SUFFICIENT.—The Final 

2 Outer Continental Shelf Oil and Gas Leasing Program, 

3 2007–2012, is deemed to meet all requirements of section 

4 18 of the Act (43 U.S.C. 1344) and is effective as of the 

5 date on which the Secretary made that program effective. 

6 SEC. 183. VALIDITY OF EXISTING LEASES. 

7 Any lease heretofore issued pursuant to a lease sale 

8 held under the Final Outer Continental Shelf Oil and Gas 

9 Leasing Program, 2007–2012, including any lease issued 

10 pursuant to Lease Sale 193 or 213, is deemed to be in 

11 full compliance with the Act and all other legal require12 ments. 

13 SEC. 184. INTEGRITY OF LEASE SALES AND LEASING 

14 SCHEDULE. 

15 (a) LEASING DURING JUDICIAL OR ADMINISTRATIVE

16 REVIEW.—Section 18(d)(3) of the Act (43 U.S.C. 

17 1344(d)(3)) is amended to read as follows: 

18 ‘‘(3) After the leasing program has been approved by 

19 the Secretary, except as otherwise provided by applicable 

20 law, no lease shall be issued unless it is for an area in21 cluded in the approved leasing program and unless it con22 tains provisions consistent with the approved leasing pro23 gram, except that leasing shall continue for so long as 

24 such program is under judicial or administrative review 

25 pursuant to this Act, including any administrative review 


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1 occasioned by the remand of such program as a result of 

2 judicial review. Any lease issued pursuant to a lease sale 

3 held in the period that the approved leasing program is 

4 under judicial or administrative review is deemed to have 

5 been issued pursuant to an approved leasing program.’’. 

6 (b) COURT ACTION UPON APPEAL.—The last sen7 tence of section 23(c)(6) of the Act (43 U.S.C. 1349(c)(6)) 

8 is amended to read as follows: ‘‘The court may affirm or 

9 modify any order or decision or may remand the pro10 ceedings to the Secretary for such further action as it may 

11 direct.’’. 

12 SEC. 185. AUTHORITY TO CONDUCT OFFSHORE DRILLING 

13 UNDER APPROVED PERMITS. 

14 (a) IN GENERAL.—Subject to subsection (b), each 

15 holder of a permit issued pursuant to an application for 

16 a permit to drill, including an application for a permit to 

17 sidetrack, that was approved by the Minerals Management 

18 Service before May 3, 2010, for purposes of outer Conti19 nental Shelf energy exploration or development and pro20 duction may conduct all operations authorized under the 

21 terms of the permit (including all exploration plans, devel22 opment operations coordination documents, and develop23 ment production plans submitted for the permit)— 

24 (1) without further review by the Bureau of 

25 Ocean Energy Management, Regulation and EnVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 forcement and Bureau of Safety and Environmental 

2 Enforcement; and 

3 (2) without further review or delay under the 

4 National Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.) or any other similar statutes, 

6 including the Federal Water Pollution Control Act 

7 (33 U.S.C. 1251 et seq.) or the Marine Mammal 

8 Protection Act of 1972 (16 U.S.C. 1361 et seq.). 

9 (b) OPERATIONS.—Operations conducted under sub10 section (a) shall be carried out in accordance with the safe11 ty protocols contained in part 250 of title 30, Code of Fed12 eral Regulations. 

13 (c) REVIEW OF COMPLIANCE.—This section does not 

14 prohibit review of compliance with the terms of such a per15 mit. 

16 SEC. 186. TIME REQUIREMENT TO ACT ON OIL AND NAT17 URAL GAS DRILLING PERMITS. 

18 Subsection (d) of section 11 of the Act (43 U.S.C. 

19 1340) is amended by designating the existing text as para20 graph (1) and adding at the end the following: 

21 ‘‘(2)(A) The Secretary shall approve or dis22 approve any application for a permit for drilling a 

23 well under an approved exploration or development 

24 plan, or any application to amend a previously ap25 proved permit, within 30 days after its submission, 


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1 except that the Secretary may disapprove such per2 mit only upon a determination that— 

3 ‘‘(i) any proposed activity under the permit 

4 would result in any condition described in sec5 tion 5(a)(2)(A)(i); and 

6 ‘‘(ii) such proposed activity cannot be 

7 modified to avoid such condition. 

8 ‘‘(B) The Secretary may request additional in9 formation from the applicant prior to approving or 

10 disapproving such application, but the request for 

11 additional information must be received by the appli12 cant within 15 days after submission of the applica13 tion to the Secretary. Upon receipt of the additional 

14 information requested by the Secretary, the Sec15 retary shall approve or disapprove the application 

16 within 15 days in accordance with this subsection. If 

17 the Secretary disapproves a permit application or an 

18 amended permit application pursuant to this sub19 section, and there is no other well on the lease tract 

20 capable of production in paying quantities, within 90 

21 days after receipt of a final disapproval decision all 

22 record title holders of the lease may request can23 cellation of the lease, and within 60 days after re24 ceipt of such cancellation request the Secretary shall 

25 pay to the record title holders the amount of any 


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1 bonus bid paid for such lease. The Secretary shall 

2 make such payment from amounts that otherwise 

3 would be credited to miscellaneous receipts pursuant 

4 to section 9.’’. 

5 SEC. 187. TIMELY ISSUANCE OF ONSHORE OIL AND GAS 

6 LEASES. 

7 Section 17(a)(1) of the Mineral Leasing Act (30 

8 U.S.C. 226(b)(1)(A)) is amended by striking ‘‘Leases shall 

9 be issued within 60 days following payment by the success10 ful bidder of the remainder of the bonus bid, if any, and 

11 the annual rental for the first lease year.’’ and inserting 

12 ‘‘Unless the Secretary issues a lease sooner, leases shall 

13 automatically issue exactly 60 days following payment by 

14 the successful bidder of the remainder of the bonus bid, 

15 if any, and the annual rental for the first lease year. The 

16 filing of any protest to the sale or issuance of a lease shall 

17 not act to extend the date by which the lease is to be 

18 issued following payment by the successful bidder under 

19 the preceding sentence, nor shall the issuance of a lease 

20 be delayed or deferred beyond 60 days following payment 

21 by the successful bidder pending resolution of a protest 

22 to the sale or issuance of the lease.’’. 

23 SEC. 188. STATE AUDITING. 

24 Where authority is ceded to States to audit proc25 essing and transportation for purposes of royalty calculaVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 tion under section 205 of the Royalty Simplification and 

2 Fairness Act of 1996, State auditors shall provide back3 ground methodology and supporting detail to the payor 

4 for audit findings; including formulas and supporting 

5 worksheets detailing the calculations used when costs from 

6 processing plants and transportation providers are dis7 allowed by the State auditor. The State shall seek written 

8 authority from the processors and transporters to provide 

9 this information when necessary and requested. 

10 TITLE II—CONTINENTAL 

11 PIPELINE APPROVAL 

12 SEC. 201. KEYSTONE XL PERMIT APPROVAL. 

13 Notwithstanding Executive Order No. 13337 (3 

14 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 

15 301 note), section 301 of title 3, United States Code, and 

16 any other Executive order or provision of law, no Presi17 dential permit shall be required for the pipeline described 

18 in the application filed on May 4, 2012, by TransCanada 

19 Keystone Pipeline, L.P. to the Department of State for 

20 the Keystone XL pipeline, as supplemented to include the 

21 Nebraska reroute evaluated in the Final Evaluation Re22 port issued by the Nebraska Department of Environ23 mental Quality in January 2013 and approved by the Ne24 braska governor. The final environmental impact state25 ment issued by the Secretary of State on August 26, 2011, 


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1 coupled with the Final Evaluation Report described in the 

2 previous sentence, shall be considered to satisfy all re3 quirements of the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.) and of the National His5 toric Preservation Act (16 U.S.C. 470 et seq.). 

6 SEC. 202. JUDICIAL REVIEW. 

7 (a) EXCLUSIVE JURISDICTION.—Except for review by 

8 the Supreme Court on writ of certiorari, the United States 

9 Court of Appeals for the District of Columbia Circuit shall 

10 have original and exclusive jurisdiction to determine— 

11 (1) the validity of any final order or action (in12 cluding a failure to act) of any Federal agency or of13 ficer with respect to issuance of a permit relating to 

14 the construction or maintenance of the Keystone XL 

15 pipeline, including any final order or action deemed 

16 to be taken, made, granted, or issued; 

17 (2) the constitutionality of any provision of this 

18 Act, or any decision or action taken, made, granted, 

19 or issued, or deemed to be taken, made, granted, or 

20 issued under this Act; or 

21 (3) the adequacy of any environmental impact 

22 statement prepared under the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

24 or of any analysis under any other Act, with respect 

25 to any action taken, made, granted, or issued, or 


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1 deemed to be taken, made, granted, or issued under 

2 this Act. 

3 (b) DEADLINE FOR FILING CLAIM.—A claim arising 

4 under this Act may be brought not later than 60 days 

5 after the date of the decision or action giving rise to the 

6 claim. 

7 (c) EXPEDITED CONSIDERATION.—The United 

8 States Court of Appeals for the District of Columbia Cir9 cuit shall set any action brought under subsection (a) for 

10 expedited consideration, taking into account the national 

11 interest of enhancing national energy security by providing 

12 access to the significant oil reserves in Canada that are 

13 needed to meet the demand for oil. 

14 SEC. 203. AMERICAN BURYING BEETLE. 

15 (a) FINDINGS.—The Congress finds that— 

16 (1) environmental reviews performed for the 

17 Keystone XL pipeline project satisfy the require18 ments of section 7 of the Endangered Species Act of 

19 1973 (16 U.S.C. 1536(a)(2)) in its entirety; and 

20 (2) for purposes of that Act, the Keystone XL 

21 pipeline project will not jeopardize the continued ex22 istence of the American burying beetle or destroy or 

23 adversely modify American burying beetle critical 

24 habitat. 


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1 (b) BIOLOGICAL OPINION.—The Secretary of the In2 terior is deemed to have issued a written statement setting 

3 forth the Secretary’s opinion containing such findings 

4 under section 7(b)(1)(A) of the Endangered Species Act 

5 of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the 

6 American burying beetle that is incidental to the construc7 tion or operation and maintenance of the Keystone XL 

8 pipeline as it may be ultimately defined in its entirety, 

9 shall not be considered a prohibited taking of such species 

10 under such Act. 

11 SEC. 204. RIGHT-OF-WAY AND TEMPORARY USE PERMIT. 

12 The Secretary of the Interior is deemed to have 

13 granted or issued a grant of right-of-way and temporary 

14 use permit under section 28 of the Mineral Leasing Act 

15 (30 U.S.C. 185) and the Federal Land Policy and Man16 agement Act of 1976 (43 U.S.C. 1701 et seq.), as set forth 

17 in the application tendered to the Bureau of Land Man18 agement for the Keystone XL pipeline. 

19 SEC. 205. PERMITS FOR ACTIVITIES IN NAVIGABLE 

20 WATERS. 

21 (a) ISSUANCE OF PERMITS.—The Secretary of the 

22 Army, not later than 90 days after receipt of an applica23 tion therefor, shall issue all permits under section 404 of 

24 the Federal Water Pollution Control Act (33 U.S.C. 1344) 

25 and section 10 of the Act of March 3, 1899 (33 U.S.C. 


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1 403; commonly known as the Rivers and Harbors Appro2 priations Act of 1899), necessary for the construction, op3 eration, and maintenance of the pipeline described in the 

4 May 4, 2012, application referred to in section 201, as 

5 supplemented by the Nebraska reroute. The application 

6 shall be based on the administrative record for the pipeline 

7 as of the date of enactment of this Act, which shall be 

8 considered complete. 

9 (b) WAIVER OF PROCEDURAL REQUIREMENTS.—The 

10 Secretary may waive any procedural requirement of law 

11 or regulation that the Secretary considers desirable to 

12 waive in order to accomplish the purposes of this section. 

13 (c) ISSUANCE IN ABSENCE OF ACTION BY THE SEC14 RETARY.—If the Secretary has not issued a permit de15 scribed in subsection (a) on or before the last day of the 

16 90-day period referred to in subsection (a), the permit 

17 shall be deemed issued under section 404 of the Federal 

18 Water Pollution Control Act (33 U.S.C. 1344) or section 

19 10 of the Act of March 3, 1899 (33 U.S.C. 403), as appro20 priate, on the day following such last day. 

21 (d) LIMITATION.—The Administrator of the Environ22 mental Protection Agency may not prohibit or restrict an 

23 activity or use of an area that is authorized under this 

24 section. 


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1 SEC. 206. MIGRATORY BIRD TREATY ACT PERMIT. 

2 The Secretary of the Interior is deemed to have 

3 issued a special purpose permit under the Migratory Bird 

4 Treaty Act (16 U.S.C. 703 et seq.), as described in the 

5 application filed with the United States Fish and Wildlife 

6 Service for the Keystone XL pipeline on January 11, 

7 2013. 

8 SEC. 207. OIL SPILL RESPONSE PLAN DISCLOSURE. 

9 (a) IN GENERAL.—Any pipeline owner or operator 

10 required under Federal law to develop an oil spill response 

11 plan for the Keystone XL pipeline shall make such plan 

12 available to the Governor of each State in which such pipe13 line operates to assist with emergency response prepared14 ness. 

15 (b) UPDATES.—A pipeline owner or operator required 

16 to make available to a Governor a plan under subsection 

17 (a) shall make available to such Governor any update of 

18 such plan not later than 7 days after the date on which 

19 such update is made. 

20 TITLE III—RADIOLOGICAL 

21 MATERIAL REPOSITORY 

22 SEC. 301. RADIOLOGICAL MATERIAL REPOSITORY. 

23 (a) REPOSITORY REQUIRED.—The Federal Govern24 ment shall site and permit at least one radiological mate25 rial geologic repository for the disposal of radiological ma26 terial. 


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1 (b) YUCCA MOUNTAIN.— 

2 (1) IN GENERAL.—The repository site at Yucca 

3 Mountain shall remain the site for the Nation’s radi4 ological material repository following full statutory 

5 review of the Department of Energy’s license appli6 cation to construct the Yucca Mountain repository. 

7 (2) APPLICATION.—The Nuclear Regulatory 

8 Commission shall continue to review the Department 

9 of Energy’s pending license application to construct 

10 the repository at Yucca Mountain until a determina11 tion is made on the merits of the application. 

12 (c) DEADLINES.— 

13 (1) SUITABILITY DETERMINATION.—Not later 

14 than 90 days after the enactment of this Act, the 

15 Nuclear Regulatory Commission shall make a deter16 mination regarding the suitability of Yucca Moun17 tain under subsection (a). 

18 (2) ACTION ON APPLICATION.—Not later than 

19 180 days after the enactment of this Act, the Nu20 clear Regulatory Commission shall approve the ap21 plication under subsection (b). 

22 (d) LIMITATIONS ON AMOUNT OF RADIOLOGICAL

23 MATERIAL.—All statutory limitations on the amount of 

24 radiological material that can be placed in Yucca Moun25 tain are hereby removed and shall be replaced by the NuVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 clear Regulatory Commission with new limits based on sci2 entific and technical analysis of the full capacity of Yucca 

3 Mountain for the storage of radiological material. 

4 TITLE IV—RELIEF FROM REGU5 LATIONS AND PROHIBITIONS 

6 THAT CAUSE ARTIFICIAL 

7 PRICE INCREASES 

8 SEC. 401. ENDANGERED SPECIES ACT OF 1973 REFORM. 

9 The Endangered Species Act of 1973 (16 U.S.C. 

10 1531 et seq.) is amended— 

11 (1) by striking ‘‘best scientific and commercial 

12 data available’’ each place it appears and inserting 

13 ‘‘best scientific and economic data available at the 

14 time, including analysis of the costs and benefits of 

15 the matter under consideration’’; and 

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

17 ‘‘SEC. 19. SCOPE. 

18 ‘‘Nothing in this Act shall be construed to authorize 

19 the use of this Act or the rules and regulations promul20 gated pursuant to this Act to regulate greenhouse gas 

21 emissions.’’. 

22 SEC. 402. REPEAL OF EPA CLIMATE CHANGE REGULATION. 

23 (a) GREENHOUSE GAS REGULATION UNDER CLEAN

24 AIR ACT.—Section 302(g) of the Clean Air Act (42 U.S.C. 

25 7602(g)) is amended by adding the following at the end 


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1 thereof: ‘‘The term ‘air pollutant’ does not include carbon 

2 dioxide, water vapor, methane, nitrous oxide, 

3 hydrofluorocarbons, perfluorocarbons, or sulfur 

4 hexafluoride.’’. 

5 (b) NO REGULATION OF CLIMATE CHANGE.—Noth6 ing in the Clean Air Act (42 U.S.C. 7401 et seq.), the 

7 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

8 seq.), the National Environmental Policy Act of 1969 (42 

9 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 

10 (16 U.S.C. 1531 et seq.), or the Solid Waste Disposal Act 

11 (42 U.S.C. 6901 et seq.), shall be treated as authorizing 

12 or requiring the regulation of climate change or global 

13 warming. 

14 SEC. 403. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS 

15 PURCHASING REQUIREMENT. 

16 Section 526 of the Energy Independence and Security 

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

18 SEC. 404. REPEAL OF ETHANOL MANDATES. 

19 Section 211(o) of the Clean Air Act (42 U.S.C. 

20 7545(o); relating to the Renewable Fuel Program) is re21 pealed. 

22 TITLE V—REFINERY REFORM 

23 SEC. 501. REFINERY PERMITTING PROCESS. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

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

5 a physical change that results in an increase in the 

6 capacity of a refinery. 

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

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

9 Indian Self-Determination and Education Assistance 

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

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

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

13 authorization that a refiner is required to obtain— 

14 (A) under any Federal law; or 

15 (B) from a State or Indian tribal govern16 ment agency delegated authority by the Federal 

17 Government, or authorized under Federal law, 

18 to issue permits. 

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

20 person that— 

21 (A) owns or operates a refinery; or 

22 (B) seeks to become an owner or operator 

23 of a refinery. 

24 (6) REFINERY.— 


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

2 means— 

3 (i) a facility at which crude oil is re4 fined into transportation fuel or other pe5 troleum products; and 

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

7 facility at which coal is processed into syn8 thetic crude oil or any other fuel. 

9 (B) INCLUSIONS.—The term ‘‘refinery’’ in10 cludes an expansion of a refinery. 

11 (7) REFINERY PERMITTING AGREEMENT.—The 

12 term ‘‘refinery permitting agreement’’ means an 

13 agreement entered into between the Administrator 

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

15 (8) STATE.—The term ‘‘State’’ means— 

16 (A) a State; 

17 (B) the District of Columbia; 

18 (C) the Commonwealth of Puerto Rico; 

19 and 

20 (D) any other territory or possession of the 

21 United States. 

22 (b) STREAMLINING OF REFINERY PERMITTING

23 PROCESS.— 

24 (1) IN GENERAL.—At the request of the Gov25 ernor of a State or the governing body of an Indian 


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1 tribe, the Administrator shall enter into a refinery 

2 permitting agreement with the State or Indian tribe 

3 under which the process for obtaining all permits 

4 necessary for the construction and operation of a re5 finery shall be streamlined using a systematic inter6 disciplinary multimedia approach as provided in this 

7 section. 

8 (2) AUTHORITY OF ADMINISTRATOR.—Under a 

9 refinery permitting agreement the Administrator 

10 shall have authority, as applicable and necessary, 

11 to— 

12 (A) accept from a refiner a consolidated 

13 application for all permits that the refiner is re14 quired to obtain to construct and operate a re15 finery; 

16 (B) in consultation and cooperation with 

17 each Federal, State, or Indian tribal govern18 ment agency that is required to make any de19 termination to authorize the issuance of a per20 mit, establish a schedule under which each 

21 agency shall— 

22 (i) concurrently consider, to the max23 imum extent practicable, each determina24 tion to be made; and 


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1 (ii) complete each step in the permit2 ting process; and 

3 (C) issue a consolidated permit that com4 bines all permits issued under the schedule es5 tablished under subparagraph (B). 

6 (3) AGREEMENT BY THE STATE.—Under a re7 finery permitting agreement, a State or governing 

8 body of an Indian tribe shall agree that— 

9 (A) the Administrator shall have each of 

10 the authorities described in paragraph (2); and 

11 (B) each State or Indian tribal government 

12 agency shall— 

13 (i) in accordance with State law, make 

14 such structural and operational changes in 

15 the agencies as are necessary to enable the 

16 agencies to carry out consolidated project17 wide permit reviews concurrently and in 

18 coordination with the Environmental Pro19 tection Agency and other Federal agencies; 

20 and 

21 (ii) comply, to the maximum extent 

22 practicable, with the applicable schedule 

23 established under paragraph (2)(B). 

24 (4) DEADLINES.— 


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

2 consolidated permit for the construction of a 

3 new refinery, the Administrator and the State 

4 or governing body of an Indian tribe shall ap5 prove or disapprove the consolidated permit not 

6 later than— 

7 (i) 365 days after the date of the re8 ceipt of the administratively complete ap9 plication for the consolidated permit; or 

10 (ii) on agreement of the applicant, the 

11 Administrator, and the State or governing 

12 body of the Indian tribe, 90 days after the 

13 expiration of the deadline established 

14 under clause (i). 

15 (B) EXPANSION OF EXISTING REFIN16 ERIES.—In the case of a consolidated permit 

17 for the expansion of an existing refinery, the 

18 Administrator and the State or governing body 

19 of an Indian tribe shall approve or disapprove 

20 the consolidated permit not later than— 

21 (i) 120 days after the date of the re22 ceipt of the administratively complete ap23 plication for the consolidated permit; or 

24 (ii) on agreement of the applicant, the 

25 Administrator, and the State or governing 


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1 body of the Indian tribe, 30 days after the 

2 expiration of the deadline established 

3 under clause (i). 

4 (5) FEDERAL AGENCIES.—Each Federal agency 

5 that is required to make any determination to au6 thorize the issuance of a permit shall comply with 

7 the applicable schedule established under paragraph 

8 (2)(B). 

9 (6) JUDICIAL REVIEW.—Any civil action for re10 view of any permit determination under a refinery 

11 permitting agreement shall be brought exclusively in 

12 the United States district court for the district in 

13 which the refinery is located or proposed to be lo14 cated. 

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

16 reduce the duplication of procedures, the Adminis17 trator shall use State permitting and monitoring 

18 procedures to satisfy substantially equivalent Fed19 eral requirements under this title. 

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

21 are required for the construction or operation of a 

22 refinery are not approved on or before any deadline 

23 established under paragraph (4), the Administrator 

24 may issue a consolidated permit that combines all 


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1 other permits that the refiner is required to obtain 

2 other than any permits that are not approved. 

3 (9) SAVINGS.—Nothing in this subsection af4 fects the operation or implementation of otherwise 

5 applicable law regarding permits necessary for the 

6 construction and operation of a refinery. 

7 (10) CONSULTATION WITH LOCAL GOVERN8 MENTS.—Congress directs the Administrator, States, 

9 and tribal governments to consult, to the maximum 

10 extent practicable, with local governments in car11 rying out this subsection. 

12 (11) EFFECT ON LOCAL AUTHORITY.—Nothing 

13 in this subsection affects— 

14 (A) the authority of a local government 

15 with respect to the issuance of permits; or 

16 (B) any requirement or ordinance of a 

17 local government (such as a zoning regulation). 

18 SEC. 502. EXISTING REFINERY PERMIT APPLICATION DEAD19 LINE. 

20 Notwithstanding any other provision of law, applica21 tions for a permit for existing refinery applications shall 

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

23 after the date of enactment of this Act. 


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1 SEC. 503. NEW REFINING CAPACITY ON CLOSED MILITARY 

2 INSTALLATIONS. 

3 (a) DEFINITIONS.—For purposes of this section— 

4 (1) the term ‘‘base closure law’’ means the De5 fense Base Closure and Realignment Act of 1990 

6 (part A of title XXIX of Public Law 101–510; 10 

7 U.S.C. 2687 note) and title II of the Defense Au8 thorization Amendments and Base Closure and Re9 alignment Act (Public Law 100–526; 10 U.S.C. 

10 2687 note); 

11 (2) the term ‘‘closed military installation’’ 

12 means a military installation closed or approved for 

13 closure pursuant to a base closure law; 

14 (3) the term ‘‘designated refinery’’ means a re15 finery designated under subsection (b)(1); 

16 (4) the term ‘‘Federal refinery authorization’’— 

17 (A) means any authorization required 

18 under Federal law, whether administered by a 

19 Federal or State administrative agency or offi20 cial, with respect to siting, construction, expan21 sion, or operation of a refinery; and 

22 (B) includes any permits, special use au23 thorizations, certifications, opinions, or other 

24 approvals required under Federal law with re25 spect to siting, construction, expansion, or oper26 ation of a refinery; 


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1 (5) the term ‘‘refinery’’ means— 

2 (A) a facility designed and operated to re3 ceive, load, unload, store, transport, process, 

4 and refine crude oil by any chemical or physical 

5 process, including distillation, fluid catalytic 

6 cracking, hydrocracking, coking, alkylation, 

7 etherification, polymerization, catalytic reform8 ing, isomerization, hydrotreating, blending, and 

9 any combination thereof, in order to produce 

10 gasoline or other fuel; or 

11 (B) a facility designed and operated to re12 ceive, load, unload, store, transport, process, 

13 and refine coal by any chemical or physical 

14 process, including liquefaction, in order to 

15 produce gasoline, diesel, or other liquid fuel as 

16 its primary output; 

17 (6) the term ‘‘Secretary’’ means the Secretary 

18 of Energy; and 

19 (7) the term ‘‘State’’ means a State, the Dis20 trict of Columbia, the Commonwealth of Puerto 

21 Rico, and any other territory or possession of the 

22 United States. 

23 (b) STATE PARTICIPATION AND PRESIDENTIAL DES24 IGNATION.— 


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1 (1) DESIGNATION REQUIREMENT.—Not later 

2 than 90 days after the date of enactment of this 

3 Act, the President shall designate no less than 3 

4 closed military installations, or portions thereof, sub5 ject to paragraph (3)(B), that are appropriate for 

6 the purposes of siting a refinery. 

7 (2) ANALYSIS OF REFINERY SITES.—In consid8 ering any site for possible designation under para9 graph (1), the President shall conduct an analysis 

10 of— 

11 (A) the availability of crude oil supplies to 

12 the site, including supplies from domestic pro13 duction of shale oil and tar sands and other 

14 strategic unconventional fuels; 

15 (B) the distribution of the Nation’s refined 

16 petroleum product demand; 

17 (C) whether such site is in close proximity 

18 to substantial pipeline infrastructure, including 

19 both crude oil and refined petroleum product 

20 pipelines, and potential infrastructure feasi21 bility; 

22 (D) the need to diversify the geographical 

23 location of the domestic refining capacity; 

24 (E) the effect that increased refined petro25 leum products from a refinery on that site may 


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1 have on the price and supply of gasoline to con2 sumers; 

3 (F) the impact of locating a refinery on 

4 the site on the readiness and operations of the 

5 Armed Forces; and 

6 (G) such other factors as the President 

7 considers appropriate. 

8 (3) SALE OR DISPOSAL.— 

9 (A) DESIGNATION.—Except as provided in 

10 subparagraph (B), until the expiration of 2 

11 years after the date of enactment of this Act, 

12 the Federal Government shall not sell or other13 wise dispose of the military installations des14 ignated pursuant to paragraph (1). 

15 (B) GOVERNOR’S OBJECTION.—No site 

16 may be used for a refinery under this section if, 

17 not later than 60 days after designation of the 

18 site under paragraph (1), the Governor of the 

19 State in which the site is located transmits to 

20 the President an objection to the designation, 

21 unless, not later than 60 days after the Presi22 dent receives such objection, the Congress has 

23 by law overridden the objection. 

24 (4) REDEVELOPMENT AUTHORITY.—With re25 spect to a closed military installation, or portion 


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1 thereof, designated by the President as a potentially 

2 suitable refinery site pursuant to paragraph (1)— 

3 (A) the redevelopment authority for the in4 stallation, in preparing or revising the redevel5 opment plan for the installation, shall consider 

6 the feasibility and practicability of siting a re7 finery on the installation; and 

8 (B) the Secretary of Defense, in managing 

9 and disposing of real property at the installa10 tion pursuant to the base closure law applicable 

11 to the installation, shall give substantial def12 erence to the recommendations of the redevelop13 ment authority, as contained in the redevelop14 ment plan for the installation, regarding the 

15 siting of a refinery on the installation. 

16 (c) PROCESS COORDINATION AND RULES OF PROCE17 DURE.— 

18 (1) DESIGNATION AS LEAD AGENCY.— 

19 (A) IN GENERAL.—The Department of 

20 Energy shall act as the lead agency for the pur21 poses of coordinating all applicable Federal re22 finery authorizations and related environmental 

23 reviews with respect to a designated refinery. 

24 (B) OTHER AGENCIES.—Each Federal and 

25 State agency or official required to provide a 


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1 Federal refinery authorization shall cooperate 

2 with the Secretary and comply with the dead3 lines established by the Secretary. 

4 (2) SCHEDULE.— 

5 (A) SECRETARY’S AUTHORITY TO SET

6 SCHEDULE.—The Secretary shall establish a 

7 schedule for all Federal refinery authorizations 

8 with respect to a designated refinery. In estab9 lishing the schedule, the Secretary shall— 

10 (i) ensure expeditious completion of 

11 all such proceedings; and 

12 (ii) accommodate the applicable sched13 ules established by Federal law for such 

14 proceedings. 

15 (B) FAILURE TO MEET SCHEDULE.—If a 

16 Federal or State administrative agency or offi17 cial does not complete a proceeding for an ap18 proval that is required for a Federal refinery 

19 authorization in accordance with the schedule 

20 established by the Secretary under this para21 graph, the applicant may pursue remedies 

22 under paragraph (4). 

23 (3) CONSOLIDATED RECORD.—The Secretary 

24 shall, with the cooperation of Federal and State ad25 ministrative agencies and officials, maintain a comVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 plete consolidated record of all decisions made or ac2 tions taken by the Secretary or by a Federal admin3 istrative agency or officer (or State administrative 

4 agency or officer acting under delegated Federal au5 thority) with respect to any Federal refinery author6 ization. Such record shall be the record for judicial 

7 review under paragraph (4) of decisions made or ac8 tions taken by Federal and State administrative 

9 agencies and officials, except that, if the Court de10 termines that the record does not contain sufficient 

11 information, the Court may remand the proceeding 

12 to the Secretary for further development of the con13 solidated record. 

14 (4) JUDICIAL REVIEW.— 

15 (A) IN GENERAL.—The United States 

16 Court of Appeals for the District of Columbia 

17 shall have original and exclusive jurisdiction 

18 over any civil action for the review of— 

19 (i) an order or action, related to a 

20 Federal refinery authorization, by a Fed21 eral or State administrative agency or offi22 cial; and 

23 (ii) an alleged failure to act by a Fed24 eral or State administrative agency or offiVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 cial acting pursuant to a Federal refinery 

2 authorization. 

3 The failure of an agency or official to act on a 

4 Federal refinery authorization in accordance 

5 with the Secretary’s schedule established pursu6 ant to paragraph (2) shall be considered incon7 sistent with Federal law for the purposes of 

8 subparagraph (B) of this paragraph. 

9 (B) COURT ACTION.—If the Court finds 

10 that an order or action described in subpara11 graph (A)(i) is inconsistent with the Federal 

12 law governing such Federal refinery authoriza13 tion, or that a failure to act as described in 

14 subparagraph (A)(ii) has occurred, and the 

15 order, action, or failure to act would prevent 

16 the siting, construction, expansion, or operation 

17 of the designated refinery, the Court shall re18 mand the proceeding to the agency or official to 

19 take appropriate action consistent with the 

20 order of the Court. If the Court remands the 

21 order, action, or failure to act to the Federal or 

22 State administrative agency or official, the 

23 Court shall set a reasonable schedule and dead24 line for the agency or official to act on remand. 


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1 (C) SECRETARY’S ACTION.—For any civil 

2 action brought under this paragraph, the Sec3 retary shall promptly file with the Court the 

4 consolidated record compiled by the Secretary 

5 pursuant to paragraph (3). 

6 (D) EXPEDITED REVIEW.—The Court 

7 shall set any civil action brought under this 

8 paragraph for expedited consideration. 

9 (E) ATTORNEY’S FEES.—In any action 

10 challenging a Federal refinery authorization 

11 that has been granted, reasonable attorney’s 

12 fees and other expenses of litigation shall be 

13 awarded to the prevailing party. This subpara14 graph shall not apply to any action seeking 

15 remedies for denial of a Federal refinery au16 thorization or failure to act on an application 

17 for a Federal refinery authorization. 

18 TITLE VI—REPEAL OF ENERGY 

19 TAX SUBSIDIES 

20 SEC. 600. AMENDMENT OF 1986 CODE. 

21 Except as otherwise expressly provided, whenever in 

22 this title an amendment or repeal is expressed in terms 

23 of an amendment to, or repeal of, a section or other provi24 sion, the reference shall be considered to be made to a 


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1 section or other provision of the Internal Revenue Code 

2 of 1986. 

3 SEC. 601. CORPORATE AND INDIVIDUAL INCOME TAX 

4 RATES REDUCED. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of the enactment of this Act, the Secretary of the 

7 Treasury shall prescribe rates of tax in accordance with 

8 subsection (b) so that such rates as the Secretary esti9 mates would result in— 

10 (1) a decrease in revenue to the Treasury for 

11 taxable years beginning during the 10-year period 

12 beginning on the date of the enactment of this Act, 

13 equal to 

14 (2) the increase in revenue for such taxable 

15 years by reason of the amendments made by title I 

16 of this Act. 

17 (b) PRESCRIBED RATES IN LIEU OF STATUTORY

18 RATES.—For purposes of determining the decrease in rev19 enues under subsection (a)(1)— 

20 (1) CORPORATE INCOME TAX RATE.—In deter21 mining a flat rate of tax in lieu of the rates of tax 

22 under paragraphs (1) and (2) of section 11(b), sec23 tion 1201(a), and paragraphs (1), (2), and (6) of 

24 section 1445(e) of the Internal Revenue Code of 

25 1986, the Secretary shall take into account one-half 


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1 of the revenue increase described in subsection 

2 (a)(2). 

3 (2) INDIVIDUAL 10 PERCENT INCOME TAX

4 RATE.—In determining a rate of tax in lieu of the 

5 10 percent rate under section 1(i) of the Internal 

6 Revenue Code of 1986, the Secretary shall take into 

7 account one-half of the revenue increase described in 

8 subsection (a)(2). 

9 (c) EFFECTIVE DATE.—The rates of tax prescribed 

10 by the Secretary under subsection (a) shall apply to tax11 able years beginning more than 1 year after the date of 

12 the enactment of this Act. 

13 SEC. 602. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIO14 DIESEL, AND ALTERNATIVE FUEL MIXTURES. 

15 (a) IN GENERAL.—Section 6426 is repealed. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Subparagraph (D) of section 6427(e)(6) is 

18 amended by striking ‘‘September 30, 2014’’ and in19 serting ‘‘December 31, 2013’’. 

20 (2) Paragraph (1) of section 4101(a) is amend21 ed by striking ‘‘or alcohol (as defined in section 

22 6426(b)(4)(A)’’. 

23 (3) Paragraph (2) of section 4104(a) is amend24 ed by striking ‘‘6426, or 6427(e)’’. 


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1 (4) Subparagraph (E) of section 7704(d)(1) is 

2 amended— 

3 (A) by inserting ‘‘(as in effect on the day 

4 before the date of the enactment of the Energy 

5 Exploration and Production to Achieve National 

6 Demand Act)’’ after ‘‘of section 6426’’, and 

7 (B) by inserting ‘‘(as so in effect)’’ after 

8 ‘‘section 6426(b)(4)(A)’’. 

9 (5) Paragraph (1) of section 9503(b) is amend10 ed by striking the second sentence. 

11 (c) CLERICAL AMENDMENT.—The table of sections 

12 for subchapter B of chapter 65 is amended by striking 

13 the item relating to section 6426. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply with respect to fuel sold and used 

16 after December 31, 2014. 

17 SEC. 603. REPEAL OF CREDIT FOR CERTAIN PLUG-IN ELEC18 TRIC VEHICLES. 

19 (a) IN GENERAL.—Section 30 is repealed. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) Paragraph (3) of section 24(b) is amended 

22 by striking ‘‘, 30’’. 

23 (2) Clause (ii) of section 25(e)(1)(C) is amend24 ed by striking ‘‘, 30’’. 


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1 (3) Paragraph (2) of section 25B(g) is amended 

2 by striking ‘‘, 30’’. 

3 (4) Paragraph (1) of section 26(a) is amended 

4 by striking ‘‘, 30’’. 

5 (5) Subclause (VI) of section 48C(c)(1)(A)(i) is 

6 amended by inserting ‘‘(as in effect on the day be7 fore the date of the enactment of the Energy Explo8 ration and Production to Achieve National Demand 

9 Act)’’ after ‘‘section 30(d)’’. 

10 (6) Paragraph (3) of section 179A(c) is amend11 ed by inserting ‘‘(as in effect on the day before the 

12 date of the enactment of the Energy Exploration 

13 and Production to Achieve National Demand Act)’’ 

14 after section ‘‘30(c)’’. 

15 (7) Subsection (a) of section 1016 is amended 

16 by striking paragraph (25) and by redesignating 

17 paragraphs (26) through (37) as paragraphs (25) 

18 through (36), respectively. 

19 (8) Subsection (m) of section 6501 is amended 

20 by striking ‘‘30(e)(6)’’. 

21 (c) CLERICAL AMENDMENT.—The table of sections 

22 for subpart B of part IV of subchapter A of chapter 1 

23 is amended by striking the item relating to section 30. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to vehicles acquired after Decem3 ber 31, 2011. 

4 SEC. 604. EARLY TERMINATION OF CREDIT FOR QUALIFIED 

5 FUEL CELL MOTOR VEHICLES. 

6 (a) IN GENERAL.—Section 30B is repealed. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) Subparagraph (A) of section 24(b)(3) is 

9 amended by striking ‘‘, 30B’’. 

10 (2) Clause (ii) of section 25(e)(1)(C) is amend11 ed by striking ‘‘, 30B’’. 

12 (3) Paragraph (2) of section 25B(g) is amended 

13 by striking ‘‘, 30B,’’. 

14 (4) Paragraph (1) of section 26(a) is amended 

15 by striking ‘‘, 30B’’. 

16 (5) Subsection (b) of section 38 is amended by 

17 striking paragraph (25). 

18 (6) Subsection (a) of section 1016, as amended 

19 by section 602 of this Act, is amended by striking 

20 paragraph (33) and by redesignating paragraphs 

21 (34), (35), and (36) as paragraphs (33), (34), and 

22 (35), respectively. 

23 (7) Paragraph (2) of section 1400C(d) is 

24 amended by striking ‘‘, 30B’’. 


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1 (8) Subsection (m) of section 6501 is amended 

2 by striking ‘‘, 30B(h)(9)’’. 

3 (c) CLERICAL AMENDMENT.—The table of sections 

4 for subpart B of part IV of subchapter A of chapter 1 

5 is amended by striking the item relating to section 30B. 

6 (d) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to property placed in service after 

8 December 31, 2014. 

9 SEC. 605. REPEAL OF ALTERNATIVE FUEL VEHICLE RE10 FUELING PROPERTY CREDIT. 

11 (a) IN GENERAL.—Section 30C is repealed. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) Subsection (b) of section 38 is amended by 

14 striking paragraph (26). 

15 (2) Paragraph (3) of section 55(c) is amended 

16 by striking ‘‘, 30C(d)(2),’’. 

17 (3) Subsection (a) of section 1016, as amended 

18 by sections 602 and 603 of this Act, is amended by 

19 striking paragraph (33) and by redesignating para20 graphs (34) and (35) as paragraphs (33) and (34), 

21 respectively. 

22 (4) Subsection (m) of section 6501 is amended 

23 by striking ‘‘, 30C(e)(5)’’. 


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1 (c) CLERICAL AMENDMENT.—The table of sections 

2 for subpart B of part IV of subchapter A of chapter 1 

3 is amended by striking the item relating to section 30C. 

4 (d) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to property placed in service after 

6 December 31, 2014. 

7 SEC. 606. REPEAL OF CREDIT FOR ALCOHOL USED AS 

8 FUEL. 

9 (a) IN GENERAL.—Section 40 is repealed. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) Subsection (b) of section 38 is amended by 

12 striking paragraph (3). 

13 (2) Subsection (c) of section 196 is amended by 

14 striking paragraph (3) and by redesignating para15 graphs (4) through (14) as paragraphs (3) through 

16 (13), respectively. 

17 (3) Paragraph (1) of section 4101(a) is amend18 ed by striking ‘‘, and every person producing cellu19 losic biofuel (as defined in section 40(b)(6)(E))’’. 

20 (4) Paragraph (1) of section 4104(a) is amend21 ed by striking ‘‘, 40’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to fuel sold or used after December 

24 31, 2014. 


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1 SEC. 607. REPEAL OF CREDIT FOR BIODIESEL AND RENEW2 ABLE DIESEL USED AS FUEL. 

3 (a) IN GENERAL.—Section 40A is repealed. 

4 (b) CONFORMING AMENDMENT.— 

5 (1) Subsection (b) of section 38 is amended by 

6 striking paragraph (17). 

7 (2) Section 87 is repealed. 

8 (3) Subsection (c) of section 196, as amended 

9 by section 606 of this Act, is amended by striking 

10 paragraph (11) and by redesignating paragraphs 

11 (11), (12), and (13) as paragraphs (10), (11), and 

12 (12), respectively. 

13 (4) Paragraph (1) of section 4101(a) is amend14 ed by striking ‘‘, every person producing or import15 ing biodiesel (as defined in section 40A(d)(1)’’. 

16 (5) Paragraph (1) of section 4104(a) is amend17 ed by striking ‘‘, and 40A’’. 

18 (6) Subparagraph (E) of section 7704(d)(1) is 

19 amended by inserting ‘‘(as so in effect)’’ after ‘‘sec20 tion 40A(d)(1)’’. 

21 (c) CLERICAL AMENDMENT.—The table of sections 

22 for subpart D of part IV of subchapter A of chapter 1 

23 is amended by striking the item relating to section 40A. 

24 (d) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply to fuel produced, and sold or used, 

26 after December 31, 2014. 


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1 SEC. 608. REPEAL OF ENHANCED OIL RECOVERY CREDIT. 

2 (a) IN GENERAL.—Section 43 is repealed. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Subsection (b) of section 38 is amended by 

5 striking paragraph (6). 

6 (2) Paragraph (4) of section 45Q(d) is amended 

7 by inserting ‘‘(as in effect on the day before the date 

8 of the enactment of the Energy Exploration and 

9 Production to Achieve National Demand Act)’’ after 

10 ‘‘section 43(c)(2)’’. 

11 (3) Subsection (c) of section 196, as amended 

12 by sections 606 and 607 of this Act, is amended by 

13 striking paragraph (5) and by redesignating para14 graphs (6) through (12) as paragraphs (5) through 

15 (11), respectively. 

16 (c) CLERICAL AMENDMENT.—The table of sections 

17 for subpart D of part IV of subchapter A of chapter 1 

18 is amended by striking the item relating to section 43. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to costs paid or incurred in taxable 

21 years beginning after December 31, 2014. 

22 SEC. 609. TERMINATION OF CREDIT FOR ELECTRICITY 

23 PRODUCED FROM CERTAIN RENEWABLE RE24 SOURCES. 

25 (a) IN GENERAL.—Section 45 is repealed. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for subpart D of part IV of subchapter A of chapter 1 

3 is amended by striking the item relating to section 45. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to property placed in service after 

6 December 31, 2014. 

7 SEC. 610. REPEAL OF CREDIT FOR PRODUCING OIL AND 

8 GAS FROM MARGINAL WELLS. 

9 (a) IN GENERAL.—Section 45I is repealed. 

10 (b) CONFORMING AMENDMENT.—Subsection (b) of 

11 section 38 is amended by striking paragraph (19). 

12 (c) CLERICAL AMENDMENT.—The table of sections 

13 for subpart D of part IV of subchapter A of chapter 1 

14 is amended by striking the item relating to section 45I. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to production in taxable years be17 ginning after December 31, 2014. 

18 SEC. 611. TERMINATION OF CREDIT FOR PRODUCTION 

19 FROM ADVANCED NUCLEAR POWER FACILI20 TIES. 

21 (a) IN GENERAL.—Subparagraph (B) of section 

22 45J(d)(1) is amended by striking ‘‘January 1, 2021’’ and 

23 inserting ‘‘January 1, 2015’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to property placed in service after 

3 December 31, 2014. 

4 SEC. 612. REPEAL OF CREDIT FOR CARBON DIOXIDE SE5 QUESTRATION. 

6 (a) IN GENERAL.—Section 45Q is repealed. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 this section shall apply to carbon dioxide captured after 

9 December 31, 2014. 

10 SEC. 613. TERMINATION OF ENERGY CREDIT. 

11 (a) IN GENERAL.—Section 48 is amended— 

12 (1) by striking ‘‘January 1, 2017’’ each place 

13 it appears and inserting ‘‘January 1, 2015’’, and 

14 (2) by striking ‘‘December 31, 2016’’ each 

15 place it appears and inserting ‘‘December 31, 

16 2014’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to property placed in service after 

19 December 31, 2014. 

20 SEC. 614. REPEAL OF QUALIFYING ADVANCED COAL 

21 PROJECT. 

22 (a) IN GENERAL.—Section 48A is repealed. 

23 (b) CONFORMING AMENDMENT.—Section 46 is 

24 amended by striking paragraph (3) and by redesignating 


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1 paragraphs (4), (5), and (6) as paragraphs (3), (4), and 

2 (5), respectively. 

3 (c) CLERICAL AMENDMENT.—The table of sections 

4 for subpart E of part IV of subchapter A of chapter 1 

5 is amended by striking the item relating to section 48A. 

6 (d) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to property placed in service after 

8 December 31, 2014. 

9 SEC. 615. REPEAL OF QUALIFYING GASIFICATION PROJECT 

10 CREDIT. 

11 (a) IN GENERAL.—Section 48B is repealed. 

12 (b) CONFORMING AMENDMENT.—Section 46, as 

13 amended by section 614, is amended by striking para14 graph (3) and by redesignating paragraphs (4) and (5) 

15 as paragraphs (3) and (4), respectively. 

16 (c) CLERICAL AMENDMENT.—The table of sections 

17 for subpart E of part IV of subchapter A of chapter 1 

18 is amended by striking the item relating to section 48B. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to property placed in service after 

21 December 31, 2014. 


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1 SEC. 616. REPEAL OF AMERICAN RECOVERY AND REIN2 VESTMENT ACT OF 2009 ENERGY GRANT PRO3 GRAM. 

4 (a) IN GENERAL.—Section 1603 of division B of the 

5 American Recovery and Reinvestment Act of 2009 is re6 pealed. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 this section shall apply to property placed in service after 

9 December 31, 2014. 

10 SEC. 617. ELECTION TO EXPENSE PROPERTY USED IN THE 

11 PRODUCTION OF ENERGY. 

12 (a) IN GENERAL.—Part VI of subchapter B of chap13 ter 1 is amended by inserting after section 179E the fol14 lowing new section: 

15 ‘‘SEC. 179F. ELECTION TO EXPENSE PROPERTY USED IN 

16 THE PRODUCTION OF ENERGY. 

17 ‘‘(a) TREATMENT AS EXPENSES.—A taxpayer may 

18 elect to treat the cost of any property used in the produc19 tion of energy as an expense which is not chargeable to 

20 capital account. Any cost so treated shall be allowed as 

21 a deduction for the taxable year in which the property is 

22 placed in service. 

23 ‘‘(b) ELECTION.— 

24 ‘‘(1) IN GENERAL.—An election under this sec25 tion for any taxable year shall be made on the tax26 payer’s return of the tax imposed by this chapter for 


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1 the taxable year. Such election shall specify the 

2 property to which the election applies and shall be 

3 made in such manner as the Secretary may by regu4 lations prescribe. 

5 ‘‘(2) ELECTION IRREVOCABLE.—Any election 

6 made under this section may not be revoked except 

7 with the consent of the Secretary. 

8 ‘‘(c) PROPERTY USED IN THE PRODUCTION OF EN9 ERGY.—For purposes of this section, the term ‘property 

10 used in the production of energy’ means property— 

11 ‘‘(1) used in the production of energy, 

12 ‘‘(2) the original use of which commences with 

13 the taxpayer, and 

14 ‘‘(3) which is placed in service by the taxpayer 

15 after the date of the enactment of this section. 

16 ‘‘(d) COORDINATION.—No expenditures shall be 

17 taken into account under subsection (a) with respect to 

18 the portion of the cost of any property taken into account 

19 in determining a credit or deduction under any other sec20 tion of this chapter. 

21 ‘‘(e) BASIS REDUCTION.—For purposes of this sub22 title, if a deduction is allowed under this section with re23 spect to any property, the basis of such property shall be 

24 reduced by the amount of the deduction so allowed. 


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1 ‘‘(f) REPORTING.—No deduction shall be allowed 

2 under subsection (a) to any taxpayer for any taxable year 

3 unless such taxpayer files with the Secretary a report con4 taining such information with respect to the operation of 

5 the mines of the taxpayer as the Secretary shall require.’’. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) Section 1016(a) is amended by striking 

8 ‘‘and’’ at the end of paragraph (36), by striking the 

9 period at the end of paragraph (37) and inserting ‘‘, 

10 and’’, and by adding at the end the following new 

11 paragraph: 

12 ‘‘(38) to the extent provided in section 

13 179F(e).’’. 

14 (2) Section 263(a)(1) of the Internal Revenue 

15 Code of 1986 (relating to capital expenditures) is 

16 amended by striking ‘‘or’’ at the end of subpara17 graph (K), by striking the period at the end of para18 graph (L) and inserting ‘‘, or’’, and by adding at the 

19 end the following new subparagraph: 

20 ‘‘(M) expenditures for which a deduction is 

21 allowed under section 179F.’’. 

22 (3) Section 1245(a) of such Code is amended 

23 by inserting ‘‘179F,’’ after ‘‘179E,’’ both places it 

24 appears in paragraphs (2)(C) and (3)(C). 


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1 (4) The table of sections for part VI of sub2 chapter B of chapter 1 of such Code is amended by 

3 inserting after the item relating to section 179E the 

4 following new item: 

‘‘Sec. 179F. Election to expense property used in the production of energy.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to taxable years beginning after 

7 December 31, 2014. 

8 TITLE VII—REGULATORY 

9 RELIEF 

10 SEC. 701. LEGISLATIVE STAY. 

11 (a) ESTABLISHMENT OF STANDARDS.—In place of 

12 the rules specified in subsection (b), and notwithstanding 

13 the date by which such rules would otherwise be required 

14 to be promulgated, the Administrator of the Environ15 mental Protection Agency (in this title referred to as the 

16 ‘‘Administrator’’) shall— 

17 (1) propose regulations for industrial, commer18 cial, and institutional boilers and process heaters, 

19 and commercial and industrial solid waste inciner20 ator units, subject to any of the rules specified in 

21 subsection (b)— 

22 (A) establishing maximum achievable con23 trol technology standards, performance stand24 ards, and other requirements under sections 


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1 112 and 129, as applicable, of the Clean Air 

2 Act (42 U.S.C. 7412, 7429); and 

3 (B) identifying non-hazardous secondary 

4 materials that, when used as fuels or ingredi5 ents in combustion units of such boilers, proc6 ess heaters, or incinerator units are solid waste 

7 under the Solid Waste Disposal Act (42 U.S.C. 

8 6901 et seq.; commonly referred to as the ‘‘Re9 source Conservation and Recovery Act’’) for 

10 purposes of determining the extent to which 

11 such combustion units are required to meet the 

12 emissions standards under section 112 of the 

13 Clean Air Act (42 U.S.C. 7412) or the emission 

14 standards under section 129 of such Act (42 

15 U.S.C. 7429); and 

16 (2) finalize the regulations on the date that is 

17 15 months after the date of the enactment of this 

18 Act. 

19 (b) STAY OF EARLIER RULES.—The following rules 

20 are of no force or effect, shall be treated as though such 

21 rules had never taken effect, and shall be replaced as de22 scribed in subsection (a): 

23 (1) ‘‘National Emission Standards for Haz24 ardous Air Pollutants for Major Sources: Industrial, 

25 Commercial, and Institutional Boilers and Process 


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1 Heaters’’, published at 76 Fed. Reg. 15608 (March 

2 21, 2011). 

3 (2) ‘‘National Emission Standards for Haz4 ardous Air Pollutants for Area Sources: Industrial, 

5 Commercial, and Institutional Boilers’’, published at 

6 76 Fed. Reg. 15554 (March 21, 2011). 

7 (3) ‘‘Standards of Performance for New Sta8 tionary Sources and Emission Guidelines for Exist9 ing Sources: Commercial and Industrial Solid Waste 

10 Incineration Units’’, published at 76 Fed. Reg. 

11 15704 (March 21, 2011). 

12 (4) ‘‘Identification of Non-Hazardous Sec13 ondary Materials That Are Solid Waste’’, published 

14 at 76 Fed. Reg. 15456 (March 21, 2011). 

15 (c) INAPPLICABILITY OF CERTAIN PROVISIONS.— 

16 With respect to any standard required by subsection (a) 

17 to be promulgated in regulations under section 112 of the 

18 Clean Air Act (42 U.S.C. 7412), the provisions of sub19 sections (g)(2) and (j) of such section 112 shall not apply 

20 prior to the effective date of the standard specified in such 

21 regulations. 

22 SEC. 702. COMPLIANCE DATES. 

23 (a) ESTABLISHMENT OF COMPLIANCE DATES.—For 

24 each regulation promulgated pursuant to section 701, the 

25 Administrator— 


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1 (1) shall establish a date for compliance with 

2 standards and requirements under such regulation 

3 that is, notwithstanding any other provision of law, 

4 not earlier than 5 years after the effective date of 

5 the regulation; and 

6 (2) in proposing a date for such compliance, 

7 shall take into consideration— 

8 (A) the costs of achieving emissions reduc9 tions; 

10 (B) any non-air quality health and environ11 mental impact and energy requirements of the 

12 standards and requirements; 

13 (C) the feasibility of implementing the 

14 standards and requirements, including the time 

15 needed to— 

16 (i) obtain necessary permit approvals; 

17 and 

18 (ii) procure, install, and test control 

19 equipment; 

20 (D) the availability of equipment, sup21 pliers, and labor, given the requirements of the 

22 regulation and other proposed or finalized regu23 lations of the Environmental Protection Agency; 

24 and 

25 (E) potential net employment impacts. 


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1 (b) NEW SOURCES.—The date on which the Adminis2 trator proposes a regulation pursuant to section 701(a)(1) 

3 establishing an emission standard under section 112 or 

4 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall 

5 be treated as the date on which the Administrator first 

6 proposes such a regulation for purposes of applying the 

7 definition of a new source under section 112(a)(4) of such 

8 Act (42 U.S.C. 7412(a)(4)) or the definition of a new solid 

9 waste incineration unit under section 129(g)(2) of such 

10 Act (42 U.S.C. 7429(g)(2)). 

11 (c) RULE OF CONSTRUCTION.—Nothing in this title 

12 shall be construed to restrict or otherwise affect the provi13 sions of paragraphs (3)(B) and (4) of section 112(i) of 

14 the Clean Air Act (42 U.S.C. 7412(i)). 

15 SEC. 703. ENERGY RECOVERY AND CONSERVATION. 

16 Notwithstanding any other provision of law, and to 

17 ensure the recovery and conservation of energy consistent 

18 with the Solid Waste Disposal Act (42 U.S.C. 6901 et 

19 seq.; commonly referred to as the ‘‘Resource Conservation 

20 and Recovery Act’’), in promulgating rules under section 

21 701(a) addressing the subject matter of the rules specified 

22 in paragraphs (3) and (4) of section 701(b), the Adminis23 trator— 

24 (1) shall adopt the definitions of the terms 

25 ‘‘commercial and industrial solid waste incineration 


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1 unit’’, ‘‘commercial and industrial waste’’, and ‘‘con2 tained gaseous material’’ in the rule entitled ‘‘Stand3 ards of Performance for New Stationary Sources 

4 and Emission Guidelines for Existing Sources: Com5 mercial and Industrial Solid Waste Incineration 

6 Units’’, published at 65 Fed. Reg. 75338 (December 

7 1, 2000); and 

8 (2) shall identify non-hazardous secondary ma9 terial to be solid waste only if— 

10 (A) the material meets such definition of 

11 commercial and industrial waste; or 

12 (B) if the material is a gas, it meets such 

13 definition of contained gaseous material. 

14 SEC. 704. OTHER PROVISIONS. 

15 (a) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN

16 PRACTICE.—In promulgating rules under section 701(a), 

17 the Administrator shall ensure that emissions standards 

18 for existing and new sources established under section 112 

19 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as 

20 applicable, can be met under actual operating conditions 

21 consistently and concurrently with emission standards for 

22 all other air pollutants regulated by the rule for the source 

23 category, taking into account variability in actual source 

24 performance, source design, fuels, inputs, controls, ability 


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1 to measure the pollutant emissions, and operating condi2 tions. 

3 (b) REGULATORY ALTERNATIVES.—For each regula4 tion promulgated pursuant to section 701(a), from among 

5 the range of regulatory alternatives authorized under the 

6 Clean Air Act (42 U.S.C. 7401 et seq.) including work 

7 practice standards under section 112(h) of such Act (42 

8 U.S.C. 7412(h)), the Administrator shall impose the least 

9 burdensome, consistent with the purposes of such Act and 

10 Executive Order No. 13563 published at 76 Fed. Reg. 

11 3821 (January 21, 2011). 

12 SEC. 705. MANAGEMENT AND DISPOSAL OF COAL COMBUS13 TION RESIDUALS. 

14 (a) AMENDMENT TO SUBTITLE D OF THE SOLID

15 WASTE DISPOSAL ACT.—Subtitle D of the Solid Waste 

16 Disposal Act (42 U.S.C. 6941 et seq.) is amended by add17 ing at the end the following new section: 

18 ‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM19 BUSTION RESIDUALS. 

20 ‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS21 TION RESIDUALS.—Each State may adopt and implement 

22 a coal combustion residuals permit program. 

23 ‘‘(b) STATE ACTIONS.— 

24 ‘‘(1) NOTIFICATION.—Not later than 6 months 

25 after the date of enactment of this section (except 


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1 as provided by the deadline identified under sub2 section (d)(2)(B)), the Governor of each State shall 

3 notify the Administrator, in writing, whether such 

4 State will adopt and implement a coal combustion 

5 residuals permit program. 

6 ‘‘(2) CERTIFICATION.— 

7 ‘‘(A) IN GENERAL.—Not later than 36 

8 months after the date of enactment of this sec9 tion (except as provided in subsections (f)(1)(A) 

10 and (f)(1)(C)), in the case of a State that has 

11 notified the Administrator that it will imple12 ment a coal combustion residuals permit pro13 gram, the head of the lead State agency respon14 sible for implementing the coal combustion re15 siduals permit program shall submit to the Ad16 ministrator a certification that such coal com17 bustion residuals permit program meets the 

18 specifications described in subsection (c)(1). 

19 ‘‘(B) CONTENTS.—A certification sub20 mitted under this paragraph shall include— 

21 ‘‘(i) a letter identifying the lead State 

22 agency responsible for implementing the 

23 coal combustion residuals permit program, 

24 signed by the head of such agency; 


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1 ‘‘(ii) identification of any other State 

2 agencies involved with the implementation 

3 of the coal combustion residuals permit 

4 program; 

5 ‘‘(iii) a narrative description that pro6 vides an explanation of how the State will 

7 ensure that the coal combustion residuals 

8 permit program meets the requirements of 

9 this section, including a description of the 

10 State’s— 

11 ‘‘(I) process to inspect or other12 wise determine compliance with such 

13 permit program; 

14 ‘‘(II) process to enforce the re15 quirements of such permit program; 

16 and 

17 ‘‘(III) public participation proc18 ess for the promulgation, amendment, 

19 or repeal of regulations for, and the 

20 issuance of permits under, such per21 mit program; 

22 ‘‘(iv) a legal certification that the 

23 State has, at the time of certification, fully 

24 effective statutes or regulations necessary 

25 to implement a coal combustion residuals 


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1 permit program that meets the specifica2 tions described in subsection (c)(1); and 

3 ‘‘(v) copies of State statutes and regu4 lations described in clause (iv). 

5 ‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO6 GRAM.—In order to adopt or implement a coal com7 bustion residuals permit program under this section 

8 (including pursuant to subsection (f)), the State 

9 agency responsible for implementing a coal combus10 tion residuals permit program in a State shall main11 tain an approved program under section 4005(c) or 

12 an authorized program under section 3006. 

13 ‘‘(c) PERMIT PROGRAM SPECIFICATIONS.— 

14 ‘‘(1) MINIMUM REQUIREMENTS.—The specifica15 tions described in this subsection for a coal combus16 tion residuals permit program are as follows: 

17 ‘‘(A) The revised criteria described in 

18 paragraph (2) shall apply to a coal combustion 

19 residuals permit program, except as provided in 

20 paragraph (3). 

21 ‘‘(B) Each structure shall be, in accord22 ance with generally accepted engineering stand23 ards for the structural integrity of such struc24 tures, designed, constructed, and maintained to 

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1 umes of coal combustion residuals appropriate 

2 for the structure. If a structure is determined 

3 by the head of the agency responsible for imple4 menting the coal combustion residuals permit 

5 program to be deficient, the head of such agen6 cy has authority to require action to correct the 

7 deficiency according to a schedule determined 

8 by such agency. If the identified deficiency is 

9 not corrected according to such schedule, the 

10 head of such agency has authority to require 

11 that the structure close in accordance with sub12 section (h). 

13 ‘‘(C) The coal combustion residuals permit 

14 program shall apply the revised criteria promul15 gated pursuant to section 4010(c) for location, 

16 design, groundwater monitoring, corrective ac17 tion, financial assurance, closure, and post-clo18 sure described in paragraph (2) and the speci19 fications described in this paragraph to surface 

20 impoundments. 

21 ‘‘(D) If a structure that is classified as 

22 posing a high hazard potential pursuant to the 

23 guidelines published by the Federal Emergency 

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1 fication System for Dams’ (FEMA Publication 

2 Number 333) is determined by the head of the 

3 agency responsible for implementing the coal 

4 combustion residuals permit program to be defi5 cient with respect to the structural integrity re6 quirement in subparagraph (B), the head of 

7 such agency has authority to require action to 

8 correct the deficiency according to a schedule 

9 determined by such agency. If the identified de10 ficiency is not corrected according to such 

11 schedule, the head of such agency has authority 

12 to require that the structure close in accordance 

13 with subsection (h). 

14 ‘‘(E) New structures that first receive coal 

15 combustion residuals after the date of enact16 ment of this section shall be constructed with a 

17 base located a minimum of two feet above the 

18 upper limit of the natural water table. 

19 ‘‘(F) In the case of a coal combustion re20 siduals permit program implemented by a 

21 State, the State has the authority to inspect 

22 structures and implement and enforce such per23 mit program. 

24 ‘‘(G) In the case of a coal combustion re25 siduals permit program implemented by a 


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1 State, the State has the authority to address 

2 wind dispersal of dust from coal combustion re3 siduals by requiring dust control measures, as 

4 determined appropriate by the head of the lead 

5 State agency responsible for implementing the 

6 coal combustion residuals permit program. 

7 ‘‘(2) REVISED CRITERIA.—The revised criteria 

8 described in this paragraph are— 

9 ‘‘(A) the revised criteria for design, 

10 groundwater monitoring, corrective action, clo11 sure, and post-closure, for structures, includ12 ing— 

13 ‘‘(i) for new structures, and lateral ex14 pansions of existing structures, that first 

15 receive coal combustion residuals after the 

16 date of enactment of this section, the re17 vised criteria regarding design require18 ments described in section 258.40 of title 

19 40, Code of Federal Regulations; and 

20 ‘‘(ii) for all structures that receive 

21 coal combustion residuals after the date of 

22 enactment of this section, the revised cri23 teria regarding groundwater monitoring 

24 and corrective action requirements de25 scribed in subpart E of part 258 of title 


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1 40, Code of Federal Regulations, except 

2 that, for the purposes of this paragraph, 

3 such revised criteria shall also include— 

4 ‘‘(I) for the purposes of detection 

5 monitoring, the constituents boron, 

6 chloride, conductivity, fluoride, mer7 cury, pH, sulfate, sulfide, and total 

8 dissolved solids; and 

9 ‘‘(II) for the purposes of assess10 ment monitoring, the constituents alu11 minum, boron, chloride, fluoride, iron, 

12 manganese, molybdenum, pH, sulfate, 

13 and total dissolved solids; 

14 ‘‘(B) the revised criteria for location re15 strictions described in— 

16 ‘‘(i) for new structures, and lateral ex17 pansions of existing structures, that first 

18 receive coal combustion residuals after the 

19 date of enactment of this section, sections 

20 258.11 through 258.15 of title 40, Code of 

21 Federal Regulations; and 

22 ‘‘(ii) for existing structures that re23 ceive coal combustion residuals after the 

24 date of enactment of this section, sections 


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1 258.11 and 258.15 of title 40, Code of 

2 Federal Regulations; 

3 ‘‘(C) for all structures that receive coal 

4 combustion residuals after the date of enact5 ment of this section, the revised criteria for air 

6 quality described in section 258.24 of title 40, 

7 Code of Federal Regulations; 

8 ‘‘(D) for all structures that receive coal 

9 combustion residuals after the date of enact10 ment of this section, the revised criteria for fi11 nancial assurance described in subpart G of 

12 part 258 of title 40, Code of Federal Regula13 tions; 

14 ‘‘(E) for all structures that receive coal 

15 combustion residuals after the date of enact16 ment of this section, the revised criteria for sur17 face water described in section 258.27 of title 

18 40, Code of Federal Regulations; 

19 ‘‘(F) for all structures that receive coal 

20 combustion residuals after the date of enact21 ment of this section, the revised criteria for rec22 ordkeeping described in section 258.29 of title 

23 40, Code of Federal Regulations; 

24 ‘‘(G) for landfills and other land-based 

25 units, other than surface impoundments, that 


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1 receive coal combustion residuals after the date 

2 of enactment of this section, the revised criteria 

3 for run-on and run-off control systems de4 scribed in section 258.26 of title 40, Code of 

5 Federal Regulations; and 

6 ‘‘(H) for surface impoundments that re7 ceive coal combustion residuals after the date of 

8 enactment of this section, the revised criteria 

9 for run-off control systems described in section 

10 258.26(a)(2) of title 40, Code of Federal Regu11 lations. 

12 ‘‘(3) APPLICABILITY OF CERTAIN REQUIRE13 MENTS.—A State may determine that one or more 

14 of the requirements of the revised criteria described 

15 in paragraph (2) is not needed for the management 

16 of coal combustion residuals in that State, and may 

17 decline to apply such requirement as part of its coal 

18 combustion residuals permit program. If a State de19 clines to apply a requirement under this paragraph, 

20 the State shall include in the certification under sub21 section (b)(2) a description of such requirement and 

22 the reasons such requirement is not needed in the 

23 State. If the Administrator determines that a State 

24 determination under this paragraph does not accu25 rately reflect the needs for the management of coal 


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1 combustion residuals in the State, the Administrator 

2 may treat such State determination as a deficiency 

3 under subsection (d). 

4 ‘‘(d) WRITTEN NOTICE AND OPPORTUNITY TO REM5 EDY.— 

6 ‘‘(1) IN GENERAL.—The Administrator shall 

7 provide to a State written notice and an opportunity 

8 to remedy deficiencies in accordance with paragraph 

9 (2) if at any time the State— 

10 ‘‘(A) does not satisfy the notification re11 quirement under subsection (b)(1); 

12 ‘‘(B) has not submitted a certification 

13 under subsection (b)(2); 

14 ‘‘(C) does not satisfy the maintenance re15 quirement under subsection (b)(3); or 

16 ‘‘(D) is not implementing a coal combus17 tion residuals permit program that meets the 

18 specifications described in subsection (c)(1). 

19 ‘‘(2) CONTENTS OF NOTICE; DEADLINE FOR RE20 SPONSE.—A notice provided under this subsection 

21 shall— 

22 ‘‘(A) include findings of the Administrator 

23 detailing any applicable deficiencies in— 


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1 ‘‘(i) compliance by the State with the 

2 notification requirement under subsection 

3 (b)(1); 

4 ‘‘(ii) compliance by the State with the 

5 certification requirement under subsection 

6 (b)(2); 

7 ‘‘(iii) compliance by the State with the 

8 maintenance requirement under subsection 

9 (b)(3); and 

10 ‘‘(iv) the State coal combustion re11 siduals permit program in meeting the 

12 specifications described in subsection 

13 (c)(1); and 

14 ‘‘(B) identify, in collaboration with the 

15 State, a reasonable deadline, which shall be not 

16 sooner than 6 months after the State receives 

17 the notice, by which the State shall remedy the 

18 deficiencies detailed under subparagraph (A). 

19 ‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 

20 ‘‘(1) IN GENERAL.—The Administrator shall 

21 implement a coal combustion residuals permit pro22 gram for a State only in the following cir23 cumstances: 

24 ‘‘(A) If the Governor of such State notifies 

25 the Administrator under subsection (b)(1) that 


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1 such State will not adopt and implement such 

2 a permit program. 

3 ‘‘(B) If such State has received a notice 

4 under subsection (d) and, after any review 

5 brought by the State under section 7006, fails, 

6 by the deadline identified in such notice under 

7 subsection (d)(2)(B), to remedy the deficiencies 

8 detailed in such notice under subsection 

9 (d)(2)(A). 

10 ‘‘(C) If such State informs the Adminis11 trator, in writing, that such State will no longer 

12 implement such a permit program. 

13 ‘‘(2) REQUIREMENTS.—If the Administrator 

14 implements a coal combustion residuals permit pro15 gram for a State under paragraph (1), such permit 

16 program shall consist of the specifications described 

17 in subsection (c)(1). 

18 ‘‘(3) ENFORCEMENT.—If the Administrator im19 plements a coal combustion residuals permit pro20 gram for a State under paragraph (1), the authori21 ties referred to in section 4005(c)(2)(A) shall apply 

22 with respect to coal combustion residuals and struc23 tures and the Administrator may use such authori24 ties to inspect, gather information, and enforce the 

25 requirements of this section in the State. 


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1 ‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY

2 ADMINISTRATOR.— 

3 ‘‘(1) STATE CONTROL.— 

4 ‘‘(A) NEW ADOPTION AND IMPLEMENTA5 TION BY STATE.—For a State for which the 

6 Administrator is implementing a coal combus7 tion residuals permit program under subsection 

8 (e)(1)(A), the State may adopt and implement 

9 such a permit program by— 

10 ‘‘(i) notifying the Administrator that 

11 the State will adopt and implement such a 

12 permit program; 

13 ‘‘(ii) not later than 6 months after the 

14 date of such notification, submitting to the 

15 Administrator a certification under sub16 section (b)(2); and 

17 ‘‘(iii) receiving from the Adminis18 trator— 

19 ‘‘(I) a determination that the 

20 State coal combustion residuals per21 mit program meets the specifications 

22 described in subsection (c)(1); and 

23 ‘‘(II) a timeline for transition of 

24 control of the coal combustion residu25 als permit program. 


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1 ‘‘(B) REMEDYING DEFICIENT PERMIT PRO2 GRAM.—For a State for which the Adminis3 trator is implementing a coal combustion re4 siduals permit program under subsection 

5 (e)(1)(B), the State may adopt and implement 

6 such a permit program by— 

7 ‘‘(i) remedying the deficiencies de8 tailed in the notice provided under sub9 section (d)(2)(A); and 

10 ‘‘(ii) receiving from the Adminis11 trator— 

12 ‘‘(I) a determination that the de13 ficiencies detailed in such notice have 

14 been remedied; and 

15 ‘‘(II) a timeline for transition of 

16 control of the coal combustion residu17 als permit program. 

18 ‘‘(C) RESUMPTION OF IMPLEMENTATION

19 BY STATE.—For a State for which the Adminis20 trator is implementing a coal combustion re21 siduals permit program under subsection 

22 (e)(1)(C), the State may adopt and implement 

23 such a permit program by— 


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1 ‘‘(i) notifying the Administrator that 

2 the State will adopt and implement such a 

3 permit program; 

4 ‘‘(ii) not later than 6 months after the 

5 date of such notification, submitting to the 

6 Administrator a certification under sub7 section (b)(2); and 

8 ‘‘(iii) receiving from the Adminis9 trator— 

10 ‘‘(I) a determination that the 

11 State coal combustion residuals per12 mit program meets the specifications 

13 described in subsection (c)(1); and 

14 ‘‘(II) a timeline for transition of 

15 control of the coal combustion residu16 als permit program. 

17 ‘‘(2) REVIEW OF DETERMINATION.— 

18 ‘‘(A) DETERMINATION REQUIRED.—The 

19 Administrator shall make a determination 

20 under paragraph (1) not later than 90 days 

21 after the date on which the State submits a cer22 tification under paragraph (1)(A)(ii) or 

23 (1)(C)(ii), or notifies the Administrator that the 

24 deficiencies have been remedied pursuant to 

25 paragraph (1)(B)(i), as applicable. 


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1 ‘‘(B) REVIEW.—A State may obtain a re2 view of a determination by the Administrator 

3 under paragraph (1) as if such determination 

4 was a final regulation for purposes of section 

5 7006. 

6 ‘‘(3) IMPLEMENTATION DURING TRANSITION.— 

7 ‘‘(A) EFFECT ON ACTIONS AND ORDERS.— 

8 Actions taken or orders issued pursuant to a 

9 coal combustion residuals permit program shall 

10 remain in effect if— 

11 ‘‘(i) a State takes control of its coal 

12 combustion residuals permit program from 

13 the Administrator under paragraph (1); or 

14 ‘‘(ii) the Administrator takes control 

15 of a coal combustion residuals permit pro16 gram from a State under subsection (e). 

17 ‘‘(B) CHANGE IN REQUIREMENTS.—Sub18 paragraph (A) shall apply to such actions and 

19 orders until such time as the Administrator or 

20 the head of the lead State agency responsible 

21 for implementing the coal combustion residuals 

22 permit program, as applicable— 

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1 als permit program with respect to the 

2 basis for the action or order; or 

3 ‘‘(ii) certifies the completion of a cor4 rective action that is the subject of the ac5 tion or order. 

6 ‘‘(4) SINGLE PERMIT PROGRAM.—If a State 

7 adopts and implements a coal combustion residuals 

8 permit program under this subsection, the Adminis9 trator shall cease to implement the permit program 

10 implemented under subsection (e) for such State. 

11 ‘‘(g) EFFECT ON DETERMINATION UNDER 4005(c) 

12 OR 3006.—The Administrator shall not consider the im13 plementation of a coal combustion residuals permit pro14 gram by the Administrator under subsection (e) in making 

15 a determination of approval for a permit program or other 

16 system of prior approval and conditions under section 

17 4005(c) or of authorization for a program under section 

18 3006. 

19 ‘‘(h) CLOSURE.—If it is determined, pursuant to a 

20 coal combustion residuals permit program, that a struc21 ture should close, the time period and method for the clo22 sure of such structure shall be set forth in a closure plan 

23 that establishes a deadline for completion and that takes 

24 into account the nature and the site-specific characteris25 tics of the structure to be closed. In the case of a surface 


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1 impoundment, the closure plan shall require, at a min2 imum, the removal of liquid and the stabilization of re3 maining waste, as necessary to support the final cover. 

4 ‘‘(i) AUTHORITY.— 

5 ‘‘(1) STATE AUTHORITY.—Nothing in this sec6 tion shall preclude or deny any right of any State to 

7 adopt or enforce any regulation or requirement re8 specting coal combustion residuals that is more 

9 stringent or broader in scope than a regulation or 

10 requirement under this section. 

11 ‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subsection (e) of this section and section 6005 

14 of this title, the Administrator shall, with re15 spect to the regulation of coal combustion re16 siduals, defer to the States pursuant to this sec17 tion. 

18 ‘‘(B) IMMINENT HAZARD.—Nothing in this 

19 section shall be construed to affect the author20 ity of the Administrator under section 7003 

21 with respect to coal combustion residuals. 

22 ‘‘(C) TECHNICAL AND ENFORCEMENT AS23 SISTANCE ONLY UPON REQUEST.—Upon re24 quest from the head of a lead State agency that 

25 is implementing a coal combustion residuals 


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1 permit program, the Administrator may provide 

2 to such State agency only the technical or en3 forcement assistance requested. 

4 ‘‘(3) CITIZEN SUITS.—Nothing in this section 

5 shall be construed to affect the authority of a person 

6 to commence a civil action in accordance with sec7 tion 7002. 

8 ‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com9 bustion residuals permit program implemented under sub10 section (e) by the Administrator shall not apply to the uti11 lization, placement, and storage of coal combustion residu12 als at surface mining and reclamation operations. 

13 ‘‘(k) DEFINITIONS.—In this section: 

14 ‘‘(1) COAL COMBUSTION RESIDUALS.—The 

15 term ‘coal combustion residuals’ means— 

16 ‘‘(A) the solid wastes listed in section 

17 3001(b)(3)(A)(i), including recoverable mate18 rials from such wastes; 

19 ‘‘(B) coal combustion wastes that are co20 managed with wastes produced in conjunction 

21 with the combustion of coal, provided that such 

22 wastes are not segregated and disposed of sepa23 rately from the coal combustion wastes and 

24 comprise a relatively small proportion of the 

25 total wastes being disposed in the structure; 


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1 ‘‘(C) fluidized bed combustion wastes; 

2 ‘‘(D) wastes from the co-burning of coal 

3 with nonhazardous secondary materials pro4 vided that coal makes up at least 50 percent of 

5 the total fuel burned; and 

6 ‘‘(E) wastes from the co-burning of coal 

7 with materials described in subparagraph (A) 

8 that are recovered from monofills. 

9 ‘‘(2) COAL COMBUSTION RESIDUALS PERMIT

10 PROGRAM.—The term ‘coal combustion residuals 

11 permit program’ means a permit program or other 

12 system of prior approval and conditions that is 

13 adopted by or for a State for the management and 

14 disposal of coal combustion residuals to the extent 

15 such activities occur in structures in such State. 

16 ‘‘(3) STRUCTURE.—The term ‘structure’ means 

17 a landfill, surface impoundment, or other land-based 

18 unit which may receive coal combustion residuals. 

19 ‘‘(4) REVISED CRITERIA.—The term ‘revised 

20 criteria’ means the criteria promulgated for munic21 ipal solid waste landfill units under section 4004(a) 

22 and under section 1008(a)(3), as revised under sec23 tion 4010(c) in accordance with the requirement of 

24 such section that the criteria protect human health 

25 and the environment.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents contained in section 1001 of the Solid Waste Dis3 posal Act is amended by inserting after the item relating 

4 to section 4010 the following: 

‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’. 

5 (c) 2000 REGULATORY DETERMINATION.—Nothing 

6 in this section, or the amendments made by this section, 

7 shall be construed to alter in any manner the Environ8 mental Protection Agency’s regulatory determination enti9 tled ‘‘Notice of Regulatory Determination on Wastes from 

10 the Combustion of Fossil Fuels’’, published at 65 Fed. 

11 Reg. 32214 (May 22, 2000), that the fossil fuel combus12 tion wastes addressed in that determination do not war13 rant regulation under subtitle C of the Solid Waste Dis14 posal Act (42 U.S.C. 6921 et seq.). 

15 SEC. 706. PROHIBITION ON USE OF SOCIAL COST OF CAR16 BON IN ANALYSIS. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law or any Executive order, a Federal department 

19 or agency shall not use the social cost of carbon in order 

20 to incorporate social benefits of reducing carbon dioxide 

21 emissions, or for any other reason, in any cost-benefit 

22 analysis. 

23 (b) DEFINITION.—In this section, the term ‘‘social 

24 cost of carbon’’ means the social cost of carbon as de25 scribed in the technical support document entitled ‘‘TechVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 nical Support Document: Technical Update of the Social 

2 Cost of Carbon for Regulatory Impact Analysis Under Ex3 ecutive Order 12866’’, published by the Interagency 

4 Working Group on Social Cost of Carbon, United States 

5 Government, in May 2013, or any successor or substan6 tially related document, or any other estimate of the mone7 tized damages associated with an incremental increase in 

8 carbon dioxide emissions in a given year. 

9 SEC. 707. CLARIFICATION OF LEGAL ENFORCEMENT 

10 AGAINST NONCRIMINAL ENERGY PRO11 DUCERS. 

12 (a) FINDINGS.—The Congress finds the following: 

13 (1) The Migratory Bird Treaty Act (MBTA) 

14 was enacted in 1918 to protect the migratory bird 

15 population from overhunting and poaching and has 

16 not been updated to reflect the societal changes that 

17 have occurred in our Nation over the last 95 years. 

18 (2) Anyone involved in an otherwise legal activ19 ity may be subject to criminal liability for the unin20 tentional death of any one of over 1,000 species of 

21 birds protected under the MBTA. 

22 (3) The Act of June 8, 1940 (chapter 278; 16 

23 U.S.C. 668), popularly known as the Bald and Gold24 en Eagle Protection Act (BGEPA), was first enacted 

25 in 1940 to protect the dwindling population of bald 


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1 eagles and amended in 1962 to cover golden eagles 

2 in order to provide additional protective measures 

3 for bald eagles and for other purposes. 

4 (4) The BGEPA includes a program for the 

5 Federal Government to issue permits in order to 

6 protect companies from legal liability if eagles are 

7 unintentionally injured or killed, but the Federal 

8 Government has failed to issue permits issued under 

9 the program. 

10 (5) Among other goals, the BGEPA’s permit 

11 program was established to assure the protection of 

12 interests fundamental to the basic operation of our 

13 society like agriculture and energy infrastructure de14 velopment and maintenance. 

15 (6) The BGEPA was successful in helping the 

16 overall eagle population recover, leading to bald ea17 gles being removed from the list of threatened and 

18 endangered species in 2007. 

19 (7) There are differing legal and judicial inter20 pretations regarding the scope of criminality in those 

21 statutes. 

22 (8) It appears criminal prosecution under those 

23 statutes has been subjective, selective, and not ap24 plied uniformly and fairly across all sectors of soci25 ety. 


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1 (9) Those statutes need to be updated to reflect 

2 significant changes in our Nation over the last half 

3 century, including the urbanization of rural areas 

4 and how domestic energy is produced, transmitted, 

5 and distributed. 

6 (10) Protecting the avian population and its 

7 habitat is important. 

8 (11) Federal enforcement actions should be ap9 propriate, uniform, nondiscriminatory, and just. 

10 (b) PERMITS FOR INCIDENTAL TAKE.—Section 1 of 

11 the Act of June 8, 1940 (chapter 278; 16 U.S.C. 668), 

12 popularly known as the Bald and Golden Eagle Protection 

13 Act, is amended by adding at the end the following: 

14 ‘‘(d) PERMITS FOR INCIDENTAL TAKE.—Upon sub15 mission of a substantially completed application, the Sec16 retary shall issue or deny an eagle take permit for no less 

17 than 30 years under section 22.26 of title 50, Code of 

18 Federal Regulations, that authorizes taking of any bald 

19 eagle or golden eagle that is incidental to, but not the pur20 pose of, an otherwise lawful activity. Failure to issue or 

21 deny such a permit within a reasonable time (which shall 

22 not exceed one year) is deemed issuance of such permit, 

23 and the applicant shall not be subject to liability for any 

24 incidental take of a bald eagle or golden eagle that is in 


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1 conformity with the information submitted to the Sec2 retary as part of the application for the permit.’’. 

3 (c) MIGRATORY BIRD TREATY ACT.—Section 6(a) of 

4 the Migratory Bird Treaty Act (16 U.S.C. 707(a)) is 

5 amended— 

6 (1) by striking ‘‘shall’’ the first and second 

7 place it appears and inserting ‘‘shall with intent 

8 knowingly’’; and 

9 (2) by adding at the end the following: ‘‘For the 

10 purposes of this subsection, ‘with intent knowingly’ 

11 does not include any taking, killing, or other harm 

12 to any migratory bird that is accidental or incidental 

13 to the presence or operation of an otherwise lawful 

14 activity.’’. 

15 TITLE VIII—ATTAINMENT OF NA16 TIONAL AMBIENT AIR QUAL17 ITY STANDARDS 

18 SEC. 801. AIR QUALITY MONITORING AND MODELING 

19 METHODOLOGIES. 

20 (a) NONATTAINMENT DESIGNATION TO BE BASED

21 ON MONITORING DATA.—Section 107 of the Clean Air Act 

22 (42 U.S.C. 7407) is amended by adding at the end the 

23 following: 

24 ‘‘(f) NONATTAINMENT DESIGNATION TO BE BASED

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1 tion of an area or portion of an area within a State or 

2 interstate area as a nonattainment area for a pollutant 

3 within the meaning of subsection (d)(1)(A)(i) shall— 

4 ‘‘(1) be based on monitoring data; and 

5 ‘‘(2) not take into consideration modeling 

6 data.’’. 

7 (b) AIR QUALITY MODELING METHODOLOGIES.— 

8 (1) METHODOLOGIES.—Section 110 of the 

9 Clean Air Act (42 U.S.C. 7410) is amended by add10 ing at the end the following: 

11 ‘‘(d) AIR QUALITY MODELING METHODOLOGIES.— 

12 The Administrator shall, by regulation, set forth the air 

13 quality modeling methodologies required to be used for 

14 purposes of air quality modeling pursuant to subsection 

15 (a)(2)(K).’’. 

16 (2) REGULATIONS.—The Administrator of the 

17 Environmental Protection Agency shall promulgate 

18 final regulations, as required by section 110(d) of 

19 the Clean Air Act, as added by paragraph (1), not 

20 later than one year after the date of the enactment 

21 of this Act. 

22 SEC. 802. EXTENDING COMPLIANCE FOR NAAQS ATTAIN23 MENT FOR DOWNWIND STATES. 

24 Section 181 of the Clean Air Act (42 U.S.C. 7511) 

25 is amended by adding at the end the following: 


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1 ‘‘(d) EXTENDED ATTAINMENT DATE FOR CERTAIN

2 DOWNWIND AREAS.— 

3 ‘‘(1) DEFINITIONS.—In this subsection: 

4 ‘‘(A) The term ‘upwind area’ means an 

5 area that— 

6 ‘‘(i) affects nonattainment in another 

7 area (in this subsection referred to as the 

8 ‘downwind area’); and 

9 ‘‘(ii) is either— 

10 ‘‘(I) a nonattainment area with a 

11 later attainment date than the down12 wind area; or 

13 ‘‘(II) an area in another State 

14 that the Administrator has found to 

15 be significantly contributing to non16 attainment in the downwind area in 

17 violation of section 110(a)(2)(D) and 

18 for which the Administrator has es19 tablished requirements through notice 

20 and comment rulemaking to reduce 

21 the emissions causing such significant 

22 contribution. 

23 ‘‘(B) The term ‘current classification’ 

24 means the classification of a downwind area 


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1 under this section at the time of the determina2 tion under paragraph (2). 

3 ‘‘(2) EXTENSION.—Notwithstanding subsection 

4 (b)(2), a downwind area that is not in attainment 

5 within 18 months of the attainment deadline re6 quired under this section may seek an extension of 

7 time to come into attainment by petitioning the Ad8 ministrator for such an extension. If the Adminis9 trator— 

10 ‘‘(A) determines that the area is a down11 wind area with respect to a particular national 

12 ambient air quality standard for ozone; 

13 ‘‘(B) approves a plan revision for such 

14 area as provided in paragraph (3) prior to a re15 classification under subsection (b)(2)(A); and 

16 ‘‘(C) determines that the petitioning down17 wind area has demonstrated that it is affected 

18 by transport from an upwind area to a degree 

19 that affects the area’s ability to attain, 

20 the Administrator, in lieu of such reclassification, 

21 may extend the attainment date for such downwind 

22 area for such standard in accordance with paragraph 

23 (5). 

24 ‘‘(3) APPROVAL.—In order to extend the attain25 ment date for a downwind area under this subVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 section, the Administrator may approve a revision of 

2 the applicable implementation plan for the downwind 

3 area for the national ambient air quality standard 

4 that— 

5 ‘‘(A) complies with all requirements of this 

6 Act applicable under the current classification 

7 of the downwind area, including any require8 ments applicable to the area under section 

9 172(c) for such standard; 

10 ‘‘(B) includes any additional measures 

11 needed to demonstrate attainment by the ex12 tended attainment date provided under this 

13 subsection, and provides for implementation of 

14 those measures as expeditiously as practicable; 

15 and 

16 ‘‘(C) provides appropriate measures to en17 sure that no area downwind of the area receiv18 ing the extended attainment date will be af19 fected by transport to a degree that affects the 

20 other area’s ability to attain. 

21 ‘‘(4) PRIOR RECLASSIFICATION DETERMINA22 TION.—If, after April 1, 2003, and prior to the time 

23 the 1-hour ozone standard no longer applies to a 

24 downwind area, the Administrator made a reclassi25 fication determination under subsection (b)(2)(A) 


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1 for such downwind area, and the Administrator ap2 proves a plan consistent with subparagraphs (A) and 

3 (B) for such area, the reclassification shall be with4 drawn and, for purposes of implementing the 8-hour 

5 ozone national ambient air quality standard, the 

6 area shall be treated as if the reclassification never 

7 occurred. Such plan must be submitted no later than 

8 12 months following enactment of this subsection, 

9 and— 

10 ‘‘(A) the plan revision for the downwind 

11 area must comply with all control and planning 

12 requirements of this Act applicable under the 

13 classification that applied immediately prior to 

14 reclassification, including any requirements ap15 plicable to the area under section 172(c) for 

16 such standard; and 

17 ‘‘(B) the plan must include any additional 

18 measures needed to demonstrate attainment no 

19 later than the date on which the last reductions 

20 in pollution transport that have been found by 

21 the Administrator to significantly contribute to 

22 nonattainment are required to be achieved by 

23 the upwind area or areas. 

24 ‘‘(5) EXTENDED DATE.—The attainment date 

25 extended under this subsection shall provide for atVerDate Mar 15 2010 01:35 Jan 23, 2014 Jkt 039200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895

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1 tainment of such national ambient air quality stand2 ard for ozone in the downwind area as expeditiously 

3 as practicable but no later than the new date that 

4 the area would have been subject to had it been re5 classified under subsection (b)(2). 

6 ‘‘(6) RULEMAKING.—Within 12 months after 

7 the enactment of this subsection, the Administrator 

8 shall, after notice and comment, promulgate rules to 

9 determine, for purposes of paragraphs (2) and (3), 

10 when an area is affected by transport to a degree 

11 that affects the area’s ability to attain. The purpose 

12 of such rules shall be to ensure that downwind areas 

13 are not unjustly penalized.’’. 

14 TITLE IX—SUB-BASIN REPORT15 ING OF GREENHOUSE GAS 

16 EMISSIONS 

17 SEC. 901. SUB-BASIN REPORTING OF GREENHOUSE GAS 

18 EMISSIONS. 

19 Section 114 of the Clean Air Act (42 U.S.C. 7414) 

20 is amended by adding at the end the following: 

21 ‘‘(e) REPORTING OF GREENHOUSE GAS EMISSIONS

22 FROM PETROLEUM AND NATURAL GAS SYSTEMS.—In re23 quiring any owner or operator of any facility in the petro24 leum and natural gas system source category (as such 

25 terms are used in part 98 of title 40, Code of Federal 


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1 Regulations, and any successor regulations) to report 

2 greenhouse gas emissions from facilities in such category, 

3 the Administrator shall allow the owner or operator, at 

4 its election— 

5 ‘‘(1) to designate sub-basins consisting of simi6 lar fields within a larger basin; and 

7 ‘‘(2) to report such emissions from such sub-ba8 sins instead of reporting such emissions from the 

9 larger basin.’’. 

10 TITLE X—IMPLEMENTATION OF 

11 NATIONAL OCEAN POLICY 

12 SEC. 1001. PROHIBITION ON USE OF FUNDS. 

13 (a) Federal departments and agencies are prohibited 

14 from performing activities to implement Executive Order 

15 13547. 

16 TITLE XI—OTHER PROVISIONS 

17 SEC. 1101. ADMINISTRATIVE RECORD. 

18 The administrative record compiled by an agency re19 garding an application for a permit, authorization, or 

20 other agency action involving a Priority Energy Project 

21 shall be the sole and exclusive record for any appeal or 

22 review of the permit action or other activity by that agency 

23 or other agency, as applicable. Upon final agency action, 

24 such record shall be closed and shall not be subject to any 


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1 further evidentiary proceedings or requirements unless re2 quested by the applicant. 

3 SEC. 1102. STATEMENT OF ENERGY EFFECTS. 

4 (a) PREPARATION.— 

5 (1) REQUIREMENT.—An agency shall prepare 

6 and submit a Statement of Energy Effects to the 

7 Administrator of the Office of Information and Reg8 ulatory Affairs of the Office of Management and 

9 Budget, for each proposed significant energy action. 

10 (2) CONTENTS.—A Statement of Energy Ef11 fects shall consist of a detailed statement by the 

12 agency responsible for the significant energy action 

13 relating to— 

14 (A) any adverse effects on energy supply, 

15 distribution, or use (including a shortfall in 

16 supply, price increases, and increased use of 

17 foreign supplies) should the proposal be imple18 mented; and 

19 (B) reasonable alternatives to the action 

20 with adverse energy effects, and the expected 

21 effects of such alternatives on energy supply, 

22 distribution, and use. 

23 (3) GUIDANCE AND CONSULTATION.—The Ad24 ministrator of the Office of Information and Regu25 latory Affairs shall provide guidance to the agencies 


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1 on the implementation of this section and shall con2 sult with other agencies as appropriate in the imple3 mentation of this section. 

4 (b) PUBLICATION.—Agencies shall publish their 

5 Statements of Energy Effects, or a summary thereof, in 

6 each related notice of proposed rulemaking and in any re7 sulting final rule. 

8 (c) DEFINITIONS.—For purposes of this section— 

9 (1) the term ‘‘agency’’ has the meaning given 

10 that term in paragraph (1) of section 3502 of title 

11 44, United States Code, except that the term does 

12 not include an independent regulatory agency, as de13 fined in paragraph (5) of that section; and 

14 (2) the term ‘‘significant energy action’’ means 

15 any action by an agency that is expected to lead to 

16 promulgation of a final regulation and that— 

17 (A) is likely to have a significant adverse 

18 effect on the supply, distribution, or use of en19 ergy; or 

20 (B) is designated by the Administrator of 

21 the Office of Information and Regulatory Af22 fairs as a significant energy action. 


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1 SEC. 1103. PRIORITY-ENERGY PROJECT PERMIT DURATION. 

2 The approval to construct or operate a Priority En3 ergy Project pursuant to any Federal permit, as applica4 ble, shall remain valid and authorized for the later of— 

5 (1) 18 months following the date on which the 

6 last permit needed by a Priority Energy Project to 

7 commence construction or operation is final and no 

8 longer subject to judicial review; 

9 (2) 3 years; or 

10 (3) in the case of a nationwide permit issued by 

11 the Army Corps of Engineers pursuant to part 330 

12 of title 33, Code of Federal Regulations, 5 years. 

13 TITLE XII—FUTURE NUCLEAR 

14 ENERGY 

15 SEC. 1201. SHORT TITLE. 

16 This title may be cited as the ‘‘Streamline America’s 

17 Future Energy Nuclear Act’’. 

18 SEC. 1202. PUBLIC HEALTH AND SAFETY. 

19 Nothing in this title shall supersede, mitigate, detract 

20 from, or in anyway decrease the Nuclear Regulatory Com21 mission’s ability to maintain the highest possible levels of 

22 public health and safety standards, consistent with the 

23 provisions of the Atomic Energy Act of 1954. No authority 

24 granted by this title shall be executed in a manner that 

25 jeopardizes, minimizes, reduces, or lessens public health 

26 and safety standards. 


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1 SEC. 1203. STREAMLINING COMBINED CONSTRUCTION AND 

2 OPERATING LICENSE. 

3 (a) IN GENERAL.—The Nuclear Regulatory Commis4 sion shall establish and implement an expedited procedure 

5 for issuing a Combined Construction and Operating Li6 cense. 

7 (b) QUALIFICATIONS.—To qualify for the expedited 

8 procedure under this section, an applicant shall— 

9 (1) apply for construction of a reactor based on 

10 a design approved by the Nuclear Regulatory Com11 mission; 

12 (2) construct the new reactor on or adjacent to 

13 a site where an operating nuclear power plant al14 ready exists; 

15 (3) not be subject to a Nuclear Regulatory 

16 Commission order to modify, suspend, or revoke a li17 cense under section 2.202 of title 10, Code of Fed18 eral Regulations; and 

19 (4) submit a complete Combined Construction 

20 and Operating License application that is docketed 

21 by the Commission. 

22 (c) EXPEDITED PROCEDURE.—With respect to a li23 cense for which the applicant has satisfied the require24 ments of subsection (b) and seeks fast track consideration, 

25 the Nuclear Regulatory Commission shall follow the fol26 lowing procedures: 


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1 (1) Undertake an expedited environmental re2 view process and issue a draft Environmental Im3 pact Statement within 12 months after the applica4 tion is accepted for docketing. 

5 (2) Complete any public licensing hearings and 

6 related processes within 24 months of accepting for 

7 docketing the expedited Combined Construction and 

8 Operating License application. Such hearings shall 

9 begin with the issuance of a draft Environmental 

10 Impact Statement. 

11 (3) Complete the technical review process and 

12 issue the Safety Evaluation Report and the final En13 vironmental Impact Statement within 18 months 

14 after the application is accepted for docketing. 

15 (4) Make a final decision on whether to issue 

16 the Combined Construction and Operating License 

17 within 25 months after docketing the application. 

18 (d) GOALS.—The Nuclear Regulatory Commission 

19 shall present recommendations to Congress within 90 days 

20 of the date of enactment of this Act for procedures that 

21 would further facilitate the licensing of new nuclear reac22 tors in a timely manner. 

23 SEC. 1204. REACTOR DESIGN CERTIFICATION. 

24 The Nuclear Regulatory Commission shall reduce by 

25 one-half the time necessary to certify a reactor design and 


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1 may include designs under consideration for certification 

2 by the Nuclear Regulatory Commission as of the date of 

3 enactment of this Act. Such a schedule shall be presented 

4 to Congress within one year of the date of enactment of 

5 this Act. 

6 SEC. 1205. TECHNOLOGY NEUTRAL PLANT DESIGN SPECI7 FICATIONS. 

8 Within one year of the date of enactment of this Act, 

9 the Nuclear Regulatory Commission shall outline to the 

10 Congress an approach that will allow the Nuclear Regu11 latory Commission to develop technology-neutral guide12 lines for nuclear plant licensing in the future that would 

13 allow for the more seamless entry of new technologies into 

14 the marketplace. 

15 SEC. 1206. ADDITIONAL FUNDING AND PERSONNEL RE16 SOURCES. 

17 Not later than 90 days after the date of enactment 

18 of this Act, the Nuclear Regulatory Commission shall 

19 transmit to the Congress a request for such additional 

20 funding and personnel resources as are necessary to carry 

21 out sections 1202 through 1205 without delaying consid22 eration of applications for Combined Construction and Op23 erating Licenses or reactor design certifications not sub24 ject to expedited procedures under this title. 


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1 SEC. 1207. NEXT GENERATION NUCLEAR POWER PLANT. 

2 The Department of Energy and the Nuclear Regu3 latory Commission shall reevaluate the Next Generation 

4 Nuclear Power Plant schedule with the purpose of signifi5 cant acceleration. Within 180 days of the date of enact6 ment of this Act, program managers shall submit to the 

7 Congress a revised schedule, including funding require8 ments, that would allow for program completion as near 

9 as is possible to 2017 (halving the current schedule of pro10 gram completion in 2021). 

11 SEC. 1208. URANIUM MINING ON FEDERAL LANDS. 

12 The Federal Land Policy and Management Act of 

13 1976 shall not be used to arbitrarily prevent uranium min14 ing from taking place on Federal lands. The Federal Gov15 ernment shall not collect additional leasing fees, beyond 

16 that which are currently applicable, to mine uranium on 

17 Federal lands. Any fees collected in association with com18 mercial uranium mining on Federal lands that should be 

19 applied for remediation purposes, shall only be applied to 

20 the remediation of sites that incurred damage as a result 

21 of commercial nuclear activities. Such fees shall not be ap22 plied to the remediation of any sites that incurred damage 

23 as a result of Government or Government-sponsored ac24 tivities. 

Æ 


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