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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4304 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4304

    To make certain repeals and revisions to Federal labor laws, to 
  decrease the regulatory burdens on small businesses, to provide for 
   comprehensive energy reform, and to amend the securities laws to 
                     streamline access to capital.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2014

 Mr. Scalise (for himself, Mrs. Black, Mr. McHenry, Mr. Mulvaney, Mr. 
Brady of Texas, Mr. Flores, Mr. Luetkemeyer, Mr. Roe of Tennessee, Mr. 
   Pitts, Mr. Byrne, Mr. Lankford, Mrs. Lummis, Mr. Austin Scott of 
  Georgia, Mr. Huizenga of Michigan, Mr. Lamborn, Mrs. Blackburn, Mr. 
Franks of Arizona, Mr. Sessions, Mr. Hudson, Mr. Barton, Mr. Duncan of 
 South Carolina, Mr. Wilson of South Carolina, Mr. Chabot, Mr. Rice of 
 South Carolina, Mr. Bentivolio, Mr. Salmon, Mr. Rooney, Mr. Yoho, Mr. 
    Weber of Texas, Mr. Harris, and Mr. DesJarlais) introduced the 
    following bill; which was referred to the Committee on Natural 
   Resources, and in addition to the Committees on the Budget, Small 
Business, Education and the Workforce, Oversight and Government Reform, 
the Judiciary, Energy and Commerce, Transportation and Infrastructure, 
Science, Space, and Technology, Rules, Financial Services, Agriculture, 
 and Ways and Means, 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 make certain repeals and revisions to Federal labor laws, to 
  decrease the regulatory burdens on small businesses, to provide for 
   comprehensive energy reform, and to amend the securities laws to 
                     streamline access to capital.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jumpstarting Opportunities with Bold 
Solutions Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                           DIVISION I--LABOR

                   TITLE I--REPEAL OF DAVIS-BACON ACT

Sec. 101. Repeal of Davis-Bacon wage requirements.
Sec. 102. Effective date and limitation.
           TITLE II--UNION CONTRACT NOT A BAR TO HIGHER WAGES

Sec. 201. Payment of higher wages.
 TITLE III--REPEAL OF PROVISIONS RELATING TO OFFICIAL TIME OF FEDERAL 
               EMPLOYEES FOR PURPOSES OF UNION ORGANIZING

Sec. 301. Repeal of certain provisions relating to official time of 
                            Federal employees for purposes of union 
                            organizing.
TITLE IV--RULEMAKING, INVESTIGATIVE, AND ADJUDICATIVE AUTHORITY OF THE 
                     NATIONAL LABOR RELATIONS BOARD

Sec. 401. Authorities of the National Labor Relations Board.
Sec. 402. Regulations.
                       DIVISION II--DEREGULATION

         TITLE V--UNIFORM COST-BENEFIT ANALYSIS OF REGULATIONS

Sec. 501. Uniform use of cost-benefit analysis.
Sec. 502. Congressional review.
        TITLE VI--PERIODIC REVIEW AND TERMINATION OF REGULATIONS

Sec. 601. Review of regulations.
Sec. 602. Rules covered.
Sec. 603. Criteria for sunset review.
Sec. 604. Sunset review procedures.
Sec. 605. Review deadlines for covered rules.
Sec. 606. Sunset review notices and agency reports.
Sec. 607. Designation of agency regulatory review officers.
Sec. 608. Relationship to the Administrative Procedure Act.
Sec. 609. Effect of termination of a covered rule.
Sec. 610. Judicial review.
Sec. 611. Definitions.
Sec. 612. Sunset of this title.
 TITLE VII--REGULATION COSTS TO SMALL BUSINESSES AND GRACE PERIOD FOR 
                         REGULATORY VIOLATIONS

Sec. 701. Small Business Administration study on the cost of Federal 
                            regulations.
Sec. 702. Grace period for regulatory violations.
TITLE VIII--MAJOR RULES OF THE EXECUTIVE BRANCH BE APPROVED BY CONGRESS

Sec. 801. Congressional review of agency rulemaking.
Sec. 802. Budgetary effects of rules subject to section 802 of title 5, 
                            United States Code.
Sec. 803. Government Accountability Office study of rules.
 TITLE IX--SIMPLIFICATION OF MERGERS, ACQUISITIONS AND SALES OF SMALL 
                                BUSINESS

Sec. 901. Registration exemption for merger and acquisition brokers.
                          DIVISION III--ENERGY

                 TITLE X--OFFSHORE ENERGY AND JOBS ACT

Sec. 1001. Short title.
      Subtitle A--Outer Continental Shelf Leasing Program Reforms

Sec. 1011. Outer Continental Shelf leasing program reforms.
Sec. 1012. Domestic oil and natural gas production goal.
Sec. 1013. Development and submittal of new 5-year oil and gas leasing 
                            program.
Sec. 1014. Rule of construction.
    Subtitle B--Directing the President To Conduct New OCS Sales in 
                Virginia, South Carolina, and California

Sec. 1021. Requirement to conduct proposed oil and gas Lease Sale 220 
                            on the Outer Continental Shelf offshore 
                            Virginia.
Sec. 1022. South Carolina lease sale.
Sec. 1023. Southern California existing infrastructure lease sale.
Sec. 1024. Environmental impact statement requirement.
Sec. 1025. National defense.
Sec. 1026. Opening the Eastern Gulf of Mexico for exploration.
   Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues

Sec. 1031. Disposition of Outer Continental Shelf revenues to coastal 
                            States.
   Subtitle D--Reorganization of Minerals Management Agencies of the 
                       Department of the Interior

Sec. 1041. Establishment of Under Secretary for Energy, Lands, and 
                            Minerals and Assistant Secretary of Ocean 
                            Energy and Safety.
Sec. 1042. Bureau of Ocean Energy.
Sec. 1043. Ocean Energy Safety Service.
Sec. 1044. Office of Natural Resources Revenue.
Sec. 1045. Ethics and drug testing.
Sec. 1046. Abolishment of Minerals Management Service.
Sec. 1047. Conforming amendments to Executive Schedule pay rates.
Sec. 1048. Outer Continental Shelf Energy Safety Advisory Board.
Sec. 1049. Outer Continental Shelf inspection fees.
Sec. 1050. Prohibition on action based on National Ocean Policy 
                            developed under Executive Order No. 13547.
                 Subtitle E--United States Territories

Sec. 1061. Application of Outer Continental Shelf Lands Act with 
                            respect to territories of the United 
                            States.
                      Subtitle F--Judicial Review

Sec. 1071. Time for filing complaint.
Sec. 1072. District court deadline.
Sec. 1073. Ability to seek appellate review.
Sec. 1074. Limitation on scope of review and relief.
Sec. 1075. Legal fees.
Sec. 1076. Exclusion.
Sec. 1077. Definitions.
                  Subtitle G--Miscellaneous Provisions

Sec. 1081. Rules regarding distribution of revenues under Gulf of 
                            Mexico Energy Security Act of 2006.
Sec. 1082. Seismic testing in the Atlantic Outer Continental Shelf.
Sec. 1083. Disposition of qualified outer Continental Shelf Revenues.
             TITLE XI--ALASKAN ENERGY FOR AMERICAN JOBS ACT

Sec. 2001. Short title.
Sec. 2002. Definitions.
Sec. 2003. Leasing program for lands within the Coastal Plain.
Sec. 2004. Lease sales.
Sec. 2005. Grant of leases by the Secretary.
Sec. 2006. Lease terms and conditions.
Sec. 2007. Policies regarding buying, building, and working for 
                            America.
Sec. 2008. Coastal Plain environmental protection.
Sec. 2009. Expedited judicial review.
Sec. 2010. Treatment of revenues.
Sec. 2011. Rights-of-way across the Coastal Plain.
Sec. 2012. Conveyance.
         TITLE XII--STATE CONTROL ON ALL AVAILABLE FEDERAL LAND

Sec. 3001. State control on all available Federal land.
           TITLE XIII--FEDERAL LANDS JOBS AND ENERGY SECURITY

           Subtitle A--Federal Lands Jobs and Energy Security

Sec. 4001. Short title.
Sec. 4002. Policies regarding buying, building, and working for 
                            America.
           Chapter 1--Onshore Oil and Gas Permit Streamlining

Sec. 4101. Short title.
     subchapter a--application for permits to drill process reform

Sec. 4111. Permit to drill application timeline.
Sec. 4112. Solar and wind right-of-way rental reform.
       subchapter b--administrative protest documentation reform

Sec. 4121. Administrative protest documentation reform.
                   subchapter c--permit streamlining

Sec. 4131. Improve Federal energy permit coordination.
Sec. 4132. Administration of current law.
                     subchapter d--judicial review

Sec. 4141. Definitions.
Sec. 4142. Exclusive venue for certain civil actions relating to 
                            covered energy projects.
Sec. 4143. Timely filing.
Sec. 4144. Expedition in hearing and determining the action.
Sec. 4145. Standard of review.
Sec. 4146. Limitation on injunction and prospective relief.
Sec. 4147. Limitation on attorneys' fees.
Sec. 4148. Legal standing.
         subchapter e--knowing america's oil and gas resources

Sec. 4151. Funding oil and gas resource assessments.
                Chapter 2--Oil and Gas Leasing Certainty

Sec. 4161. Short title.
Sec. 4162. Minimum acreage requirement for onshore lease sales.
Sec. 4163. Leasing certainty.
Sec. 4164. Leasing consistency.
Sec. 4165. Reduce redundant policies.
Sec. 4166. Streamlined congressional notification.
                          Chapter 3--Oil Shale

Sec. 4171. Short title.
Sec. 4172. Effectiveness of oil shale regulations, amendments to 
                            resource management plans, and record of 
                            decision.
Sec. 4173. Oil shale leasing.
                  Chapter 4--Miscellaneous Provisions

Sec. 4181. Rule of construction.
                Subtitle B--Planning for American Energy

Sec. 4201. Short title.
Sec. 4202. Onshore domestic energy production strategic plan.
        Subtitle C--National Petroleum Reserve in Alaska Access

Sec. 4301. Short title.
Sec. 4302. Sense of Congress and reaffirming national policy for the 
                            National Petroleum Reserve in Alaska.
Sec. 4303. National Petroleum Reserve in Alaska: lease sales.
Sec. 4304. National Petroleum Reserve in Alaska: planning and 
                            permitting pipeline and road construction.
Sec. 4305. Issuance of a new integrated activity plan and environmental 
                            impact statement.
Sec. 4306. Departmental accountability for development.
Sec. 4307. Deadlines under new proposed integrated activity plan.
Sec. 4308. Updated resource assessment.
                 Subtitle D--BLM Live Internet Auctions

Sec. 4401. Short title.
Sec. 4402. Internet-based onshore oil and gas lease sales.
                   Subtitle E--Native American Energy

Sec. 4501. Short title.
Sec. 4502. Appraisals.
Sec. 4503. Standardization.
Sec. 4504. Environmental reviews of major Federal actions on Indian 
                            lands.
Sec. 4505. Judicial review.
Sec. 4506. Tribal biomass demonstration project.
Sec. 4507. Tribal resource management plans.
Sec. 4508. Leases of restricted lands for the Navajo Nation.
Sec. 4509. Nonapplicability of certain rules.
Sec. 4510. Permits for incidental take.
Sec. 4511. Migratory Bird Treaty Act.
                    TITLE XIV--HYDRAULIC FRACTURING

    Subtitle A--State Authority for Hydraulic Fracturing Regulation

Sec. 5101. Short title.
Sec. 5102. State authority for hydraulic fracturing regulation.
Sec. 5103. Government Accountability Office study.
Sec. 5104. Tribal authority on trust land.
             Subtitle B--EPA Hydraulic Fracturing Research

Sec. 5201. Short title.
Sec. 5202. EPA hydraulic fracturing research.
                  Subtitle C--Miscellaneous Provisions

Sec. 5301. Review of State activities.
                   TITLE XV--NORTHERN ROUTE APPROVAL

Sec. 6001. Short title.
Sec. 6002. Findings.
Sec. 6003. Keystone XL permit approval.
Sec. 6004. Judicial review.
Sec. 6005. American burying beetle.
Sec. 6006. Right-of-way and temporary use permit.
Sec. 6007. Permits for activities in navigable waters.
Sec. 6008. Migratory Bird Treaty Act permit.
Sec. 6009. Oil spill response plan disclosure.
   TITLE XVI--RELIEF FROM EPA CLIMATE CHANGE REGULATIONS AND FEDERAL 
                    PROHIBITIONS ON SYNTHETIC FUELS

Sec. 7001. Repeal of EPA climate change regulation.
Sec. 7002. Repeal of Federal ban on synthetic fuels purchasing 
                            requirement.
Sec. 7003. Sense of Congress opposing carbon tax.
Sec. 7004. Prohibition on use of social cost of carbon in analysis.
           TITLE XVII--ADDRESSING THE PRESIDENT'S WAR ON COAL

    Subtitle A--Management and Disposal of Coal Combustion Residuals

Sec. 8001. Short title.
Sec. 8002. Management and disposal of coal combustion residuals.
Sec. 8003. 2000 regulatory determination.
Sec. 8004. Technical assistance.
Sec. 8005. Federal Power Act.
           Subtitle B--Surface Mining Stream Buffer Zone Rule

Sec. 8011. Short title.
Sec. 8012. Incorporation of surface mining stream buffer zone rule into 
                            State programs.
    TITLE XVIII--SATISFYING ENERGY NEEDS AND SAVING THE ENVIRONMENT

Sec. 9001. Short title.
Sec. 9002. Inapplicability of certain emission limits for electric 
                            utility steam generating units that convert 
                            coal refuse into energy.
     TITLE XIX--NUCLEAR REGULATORY COMMISSION REORGANIZATION PLAN 
                      CODIFICATION AND COMPLEMENTS

Sec. 10001. Short title.
             Subtitle A--Replacement of Reorganization Plan

Sec. 10011. General functions.
Sec. 10012. Chairman.
Sec. 10013. Emergency authority.
Sec. 10014. Reporting.
Sec. 10015. Rescission of Reorganization Plan approval.
                       Subtitle B--Miscellaneous

Sec. 10021. Certification of documents transmitted to Congress.
Sec. 10022. Time limits for Commission review of Atomic Safety and 
                            Licensing Board decisions.
Sec. 10023. Allegations of wrongdoing.
Sec. 10024. Approval of Commissioner travel.
Sec. 10025. Implementation.
       TITLE XX--PERMITTING FOR ONSHORE AND OFFSHORE WIND ENERGY

    Subtitle A--Offshore Meteorological Site Testing and Monitoring

Sec. 11001. Short title.
Sec. 11002. Offshore meteorological site testing and monitoring 
                            projects.
     Subtitle B--Onshore Meteorological Site Testing and Monitoring

Sec. 11011. Short title.
Sec. 11012. Onshore meteorological site testing and monitoring project.
           TITLE XXI--DOMESTIC PROSPERITY AND GLOBAL FREEDOM

Sec. 12001. Short title.
Sec. 12002. Amendments.
Sec. 12003. Pending applications.
                     DIVISION IV--ACCESS TO CAPITAL

              TITLE XXII--SMALL BUSINESS ACCESS TO CAPITAL

Sec. 13001. Registration and reporting exemptions relating to private 
                            equity funds advisors.
    TITLE XXIII--COMMUNITY LENDING ENHANCEMENT AND REGULATORY RELIEF

Sec. 14001. Changes required to small bank holding company policy 
                            statement on assessment of financial and 
                            managerial factors.
Sec. 14002. Escrow requirements.
Sec. 14003. Exception to annual privacy notice requirement under the 
                            Gramm-Leach-Bliley Act.
Sec. 14004. Accounting principles cost-benefit requirements.
Sec. 14005. Community bank exemption from annual management assessment 
                            of internal controls requirement of the 
                            Sarbanes-Oxley Act of 2002.
Sec. 14006. Certain loans included as qualified mortgages.
Sec. 14007. Increase in small servicer exemption.
Sec. 14008. Appraiser qualification threshold.
Sec. 14009. Coordination among financial institutions.

                           DIVISION I--LABOR

                   TITLE I--REPEAL OF DAVIS-BACON ACT

SEC. 101. REPEAL OF DAVIS-BACON WAGE REQUIREMENTS.

    (a) In General.--Subchapter IV of chapter 31 of title 40, United 
States Code, is repealed.
    (b) Reference.--Any reference in any law to a wage requirement of 
subchapter IV of chapter 31 of title 40, United States Code, shall 
after the date of the enactment of this title be null and void.

SEC. 102. EFFECTIVE DATE AND LIMITATION.

    The amendment made by section 101 shall take effect 30 days after 
the date of the enactment of this title but shall not affect any 
contract in existence on such date of enactment or made pursuant to 
invitation for bids outstanding on such date of enactment.

           TITLE II--UNION CONTRACT NOT A BAR TO HIGHER WAGES

SEC. 201. PAYMENT OF HIGHER WAGES.

    Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)) 
is amended--
            (1) by striking ``Representatives'' and inserting ``(1) 
        Representatives''; and
            (2) by adding at the end the following:
    ``(2) Notwithstanding a labor organization's exclusive 
representation of employees in a unit, or the terms and conditions of 
any collective bargaining contract or agreement then in effect, nothing 
in either--
            ``(A) section 8(a)(1) or 8(a)(5), or
            ``(B) a collective bargaining contract or agreement renewed 
        or entered into after the date of enactment of the Jumpstarting 
        Opportunities with Bold Solutions Act,
shall prohibit an employer from paying an employee in the unit greater 
wages, pay, or other compensation for, or by reason of, his or her 
services as an employee of such employer, than provided for in such 
contract or agreement.''.

 TITLE III--REPEAL OF PROVISIONS RELATING TO OFFICIAL TIME OF FEDERAL 
               EMPLOYEES FOR PURPOSES OF UNION ORGANIZING

SEC. 301. REPEAL OF CERTAIN PROVISIONS RELATING TO OFFICIAL TIME OF 
              FEDERAL EMPLOYEES FOR PURPOSES OF UNION ORGANIZING.

    Section 7131 of title 5, United States Code, is amended--
            (1) by striking subsections (a) and (c);
            (2) by redesignating subsections (b) and (d) as subsections 
        (a) and (b), respectively; and
            (3) in subsection (b) (as so redesignated by paragraph 
        (2)), by striking ``Except as provided in the preceding 
        subsections of this section--'' and inserting ``Except as 
        provided in subsection (a)--''.

TITLE IV--RULEMAKING, INVESTIGATIVE, AND ADJUDICATIVE AUTHORITY OF THE 
                     NATIONAL LABOR RELATIONS BOARD

SEC. 401. AUTHORITIES OF THE NATIONAL LABOR RELATIONS BOARD.

    (a) Duties of the General Counsel and Administrative Law Judges.--
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
            (1) in section 3(d), by striking ``and issuance of 
        complaints under section 10, and in respect of the prosecution 
        of such complaints before the Board''; and
            (2) in section 4(a), by striking the fourth sentence.
    (b) Clarification of the Board's Rulemaking Authority.--Section 6 
of such Act (29 U.S.C. 156) is amended by adding at the end the 
following: ``Such rulemaking authority shall be limited to rules 
concerning the internal functions of the Board and the Board is 
prohibited from promulgating rules that affect the substantive rights 
of any person, employer, employee, or labor organization.''.
    (c) Investigatory Power and Adjudicatory Authority Over Unfair 
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 60) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``prevent any person from engaging 
                in'' and inserting ``investigate''; and
                    (B) by striking ``This power shall'' and all that 
                follows through the end of the subsection;
            (2) in subsection (b)--
                    (A) by striking ``Whenever it is charged'' and 
                inserting ``Whenever it appears'';
                    (B) by striking ``or is engaging in'' and inserting 
                ``, is engaging in, or is about to engage in'';
                    (C) by striking ``the Board, or any agent'' and all 
                that follows through ``Provided, That no complaint 
                shall be issued'' and inserting ``the aggrieved party 
                may bring a civil action for such relief (including 
                injunctions) as may be appropriate. Any such action may 
                be brought in the district court of the United States 
                where the violation occurred, or at the option of the 
                parties, in the United States District Court for the 
                District of Columbia. No civil action may be brought'';
                    (D) by striking ``charge with the Board and the 
                service of a copy thereof upon the person against whom 
                such charge is made'' and inserting ``civil action''; 
                and
                    (E) by striking ``Any such complaint may be 
                amended'' and all that follows through ``Any such 
                proceeding shall, so far as practicable,'' and 
                inserting ``Any such proceeding shall'';
            (3) by striking subsections (c) through (k) and 
        redesignating subsection (l) as subsection (c); and
            (4) in subsection (c) (as so redesignated)--
                    (A) by striking ``Whenever it is charged'' and 
                inserting ``Whenever it is alleged'';
                    (B) in the first sentence, by striking ``charge'' 
                both places it appears and inserting ``allegation''; 
                and
                    (C) by striking ``and that a complaint should 
                issue, he shall'' and all that follows through the end 
                of the subsection and inserting ``, the officer or 
                regional attorney shall, on behalf of the Board, submit 
                a written summary of the findings to all parties 
                involved in the alleged unfair labor practice.''.

SEC. 402. REGULATIONS.

    Not later than 6 months after the date of the enactment of this 
title, the National Labor Relations Board shall review and revise all 
regulations promulgated before such date to implement the amendments 
made by this title.

                       DIVISION II--DEREGULATION

         TITLE V--UNIFORM COST-BENEFIT ANALYSIS OF REGULATIONS

SEC. 501. UNIFORM USE OF COST-BENEFIT ANALYSIS.

    Section 553 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(f)(1) Prior to any rulemaking under this section, an agency 
shall comply with the following:
            ``(A) The agency shall identify, in the context of a 
        coherent conceptual framework and supported with objective 
        data--
                    ``(i) the nature and significance of the market 
                failure, regulatory failure, or other problem that 
                necessitates regulatory action;
                    ``(ii) the reasons why national economic and income 
                growth, advancing technology, and other market 
                developments will not obviate the need for the 
                rulemaking;
                    ``(iii) the reasons why regulation at the State, 
                local, or tribal level could not address the problem 
                better than at the Federal level;
                    ``(iv) the reasons why reducing rather than 
                increasing the extent or stringency of existing Federal 
                regulation would not address the problem better; and
                    ``(v) the particular authority by which the agency 
                may take action.
            ``(B) Before the agency increases the extent or stringency 
        of regulation based on its determinations pursuant to 
        subparagraph (A), it shall--
                    ``(i) set an achievable objective for its 
                regulatory action and identify the metrics by which the 
                agency will measure progress toward the objective;
                    ``(ii) issue a notice of inquiry seeking public 
                comment on the identification of a new objective under 
                clause (i); and
                    ``(iii) give notice to the committees of Congress 
                with jurisdiction over the subject matter of the rule.
            ``(C) The agency, if the agency is not seeking to repeal a 
        rule, shall develop at least 3 distinct regulatory options, in 
        addition to not regulating, that the agency estimates will 
        provide the greatest benefits for the least cost in meeting the 
        regulatory objective set under subparagraph (B) and, in 
        developing such regulatory options, shall apply the following 
        principles:
                    ``(i) The agency shall assume that individuals are 
                rational and not qualify that assumption unless the 
                agency--
                            ``(I) has conclusive evidence of a 
                        detrimental systematic behavioral bias; and
                            ``(II) can devise behavioral regulatory 
                        options that do not preclude any choices of 
                        market participants.
                    ``(ii) The agency shall, to the extent practicable, 
                attempt to engage private incentives to solve a problem 
                and not supplant private incentives any more than 
                necessary.
                    ``(iii) The agency shall consider the adverse 
                effects that mandates and prohibitions may have on 
                innovation, economic growth, and employment.
                    ``(iv) An agency's risk assessment shall be 
                confined to its jurisdiction, subject to specific 
                regulatory authority. Agency assessments of the risks 
                of adverse health and environmental effects shall 
                follow standardized parameters, assumptions, and 
                methodologies. An agency also shall provide analyses of 
                increases in risks, whatever their nature, produced by 
                the regulatory options under consideration.
                    ``(v) The agency shall avoid incongruities and 
                duplication in regulation at the Federal, State, local, 
                and tribal levels.
                    ``(vi) The agency shall compare and contrast the 
                regulatory options developed and explain how each would 
                meet the regulatory objective set pursuant to 
                subparagraph (B).
            ``(D) The agency shall estimate the costs and benefits of 
        each regulatory option developed, notwithstanding any provision 
        of law that prohibits the agency from using costs in 
        rulemaking, at least to the extent that the agency is able to--
                    ``(i) exclude options whose costs exceed their 
                benefits;
                    ``(ii) rank the options by cost from lowest to 
                highest;
                    ``(iii) estimate the monetary cost of any adverse 
                effects on private property rights, identify the 
                categories of persons who experience a net loss from a 
                regulatory option, and explain why the negative effects 
                cannot be lessened or avoided;
                    ``(iv) establish whether the cost of an option 
                exceeds $50,000,000 for any 12-month period, except 
                that the dollar amount shall be adjusted annually for 
                inflation based on the GDP deflator, and the President 
                may order that a lower dollar amount be used for a 
                particular period; and
                    ``(v) identify the key uncertainties and 
                assumptions that drive the results and provide an 
                analysis of how the ranking of the options and the 
                threshold determination under clause (iv) may change if 
                key assumptions are changed.
            ``(E) The estimates pursuant to subparagraph (D) shall--
                    ``(i) follow the methodology established pursuant 
                to paragraph (2)(A);
                    ``(ii) to the maximum extent practicable, comply 
                with any guidelines issued by the Administrator of the 
                Office of Information and Regulatory Affairs pertaining 
                to cost-benefit analysis; and
                    ``(iii) include, at a minimum--
                            ``(I) agency administrative costs;
                            ``(II) United States private sector 
                        compliance costs;
                            ``(III) Federal, State, local, and tribal 
                        compliance costs;
                            ``(IV) Federal, State, local, and tribal 
                        revenue impacts;
                            ``(V) impacts from the regulatory options 
                        developed on United States industries in the 
                        role of suppliers and consumers to each 
                        industry substantially affected, especially in 
                        terms of employment, costs, volume and quality 
                        of output, and prices;
                            ``(VI) nationwide impacts on overall 
                        economic output, productivity, consumer and 
                        producer prices;
                            ``(VII) international competitiveness of 
                        United States companies; and
                            ``(VIII) distortions in incentives and 
                        markets, including an estimate of the resulting 
                        loss to the United States economy.
            ``(F) The agency shall publish for public comment all 
        analyses, documentation, and data under subparagraphs (A) 
        through (D) for a public comment period of at least 30 days 
        (subject to applicable limitations under law, including laws 
        protecting privacy, trade secrets, and intellectual property) 
        and correct deficiencies or omissions that the agency becomes 
        aware of before choosing a rule to propose.
    ``(2)(A) Beginning not later than the date that is 180 days after 
the effective date of this section--
            ``(i) each agency shall, by rule, establish and maintain 
        the specific cost-benefit analysis methodology appropriate to 
        the functions and responsibilities of that agency and establish 
        an appropriate period for review of new rules to assess the 
        cost effectiveness of each such new rule at achieving the 
        objective identified under paragraph (1)(B)(i) the new rule was 
        intended to address;
            ``(ii) the methodology so established shall--
                    ``(I) include the standardized parameters, 
                assumptions, and methodologies for agency assessments 
                of risk under paragraph (1)(C)(iv);
                    ``(II) comply, to the maximum extent practicable, 
                with technical standards for methodologies and 
                assumptions issued by the Administrator for the Office 
                of Information and Regulatory Affairs;
                    ``(III) include the scope of benefits and costs 
                consistent with the framework used and the metrics 
                identified in the establishment of the regulatory 
                objective under paragraph (1);
                    ``(IV) not include consideration of incidental 
                benefits but only those benefits that were considered 
                in the establishment of the regulatory objective;
                    ``(V) limit consideration of costs and benefits to 
                costs and benefits that accrue to the population of the 
                United States;
                    ``(VI) constrain the agency from presuming that 
                continued augmentation or tightening of mandates and 
                additional prohibitions cause benefits and costs to 
                change linearly but determine at what point benefits 
                will rise less than, and costs will rise more than, 
                proportionally;
                    ``(VII) include comparison of incremental benefits 
                to incremental costs from any action the agency 
                considers taking and refrain from actions whose 
                incremental benefits do not exceed their incremental 
                costs; and
                    ``(VIII) include analysis of effects on private 
                incentives and possible unintended consequences; and
            ``(iii) the agency shall adhere to the methodology so 
        established in all rulemakings.
    ``(B) If the agency does not select the least-cost regulatory 
option as its proposed rule, the agency shall justify its selection, 
explaining--
            ``(i) how that selection furthers other goals or 
        requirements relevant to regulating matters within the agency's 
        jurisdiction and why these should override cost savings; and
            ``(ii) why each of the other regulatory options not chosen 
        would not sufficiently further such other goals or 
        requirements.
    ``(C) If the agency makes a determination under paragraph (1)(D) 
that the monetized cost of a rule exceeds the applicable monetary limit 
under clause (iv) of such paragraph for any 12-month period, the agency 
head shall--
            ``(i) first issue an advanced notice of proposed 
        rulemaking;
            ``(ii) provide notice to the appropriate Congressional 
        committees and keep such committees informed of the status of 
        the rulemaking; and
            ``(iii) ensure that--
                    ``(I) the agency shall notify the Administrator of 
                the Small Business Administration, the Director of the 
                Office of Management and Budget, and affected parties, 
                and provide each such person with information on the 
                potential effects of the proposed rule on affected 
                parties and the type of affected parties that might be 
                affected;
                    ``(II) not later than 15 days after the date of 
                receipt of the materials described in subclause (I), 
                the Director, in consultation with the Administrator, 
                shall identify representatives of affected parties, 25 
                percent of which shall represent small business 
                concerns (as such term is defined in section 3(a) of 
                the Small Business Act), when possible, and all the 
                major stakeholders shall have the opportunity to obtain 
                advice and recommendations about the potential effects 
                of the proposed rule;
                    ``(III) the agency shall convene a review panel 
                consisting wholly of full-time Federal officers, 
                employees, and contractors in the agency responsible 
                for the proposed rule, the Director, the Administrator, 
                and the representatives of affected parties identified 
                pursuant to subclause (II);
                    ``(IV) the agency shall conduct a detailed analysis 
                of the costs and benefits of the regulatory option it 
                is advancing, and, in doing so--
                            ``(aa) the agency shall consider the 
                        cumulative and interactive costs of regulatory 
                        requirements of Federal, State, local, tribal, 
                        and (where applicable) international 
                        regulations; and
                            ``(bb) the agency shall identify the key 
                        uncertainties and assumptions that drive the 
                        results and provide an analysis of how the 
                        ranking of the regulatory options changes if 
                        the key assumptions are changed;
                    ``(V) the panel shall review agency material 
                prepared in connection with this subsection, including 
                any draft proposed rule, and review the advice and 
                recommendations of each affected party representative 
                identified;
                    ``(VI) not later than 60 days after the date the 
                agency convenes a review panel pursuant to subclause 
                (III), the review panel shall report on the comments of 
                the affected party representatives and its findings as 
                to issues related to the provisions of this subsection, 
                and such report shall be made public as part of the 
                rulemaking record;
                    ``(VII) where appropriate, the agency shall modify 
                the proposed rule or the cost-benefit analysis under 
                subclause (IV) based on the report under subclause 
                (VI);
                    ``(VIII) subject to applicable limitations under 
                law, including laws protecting privacy, trade secrets, 
                and intellectual property, the agency shall publish for 
                comment all analyses, documentation, and data under 
                this paragraph for a public comment period of at least 
                30 days and correct deficiencies or omissions that the 
                agency becomes aware of before adopting a proposed 
                rule; and
                    ``(IX) affected parties, including State, local, or 
                tribal governments, and other stakeholders may 
                participate in the rulemaking by means such as--
                            ``(aa) the publication of advanced and 
                        general notices of proposed rulemaking in 
                        publications likely to be obtained by affected 
                        parties;
                            ``(bb) the direct notification of 
                        interested affected parties;
                            ``(cc) the conduct of open conferences or 
                        public hearings including soliciting and 
                        receiving comments over computer networks; and
                            ``(dd) reducing the cost or complexity of 
                        procedural rules to ease participation in the 
                        rulemaking.
    ``(D) Every 4 years the agency shall conduct a review of all rules 
of the agency in effect and determine based on objective data whether 
its rules are working as intended, furthering their objectives, 
imposing unanticipated costs, and generating a net benefit or not, and 
shall amend such rules if appropriate. The agency shall report to 
Congress the findings of each such review.
    ``(E) Any person may petition an agency to amend an existing rule 
made prior to the establishment of methodology under this paragraph, 
and, if the agency denies such a petition, that denial shall be subject 
to review under chapter 7 of this title.
    ``(F) Notwithstanding any other provision of law, including any 
provision of law that explicitly prohibits the use of cost-benefit 
analysis in rulemaking, an agency shall conduct cost-benefit analyses 
and report to Congress the findings with specific recommendations for 
how to lower regulatory costs by amending the statutes prohibiting the 
use thereof.
    ``(3) For purposes of this subsection--
            ``(A) the term `regulatory options' means any action an 
        agency may take to address an objective identified under 
        paragraph (1)(B)(i), including the option not to act;
            ``(B) the term `private incentives' means financial gains 
        or losses that motivate actions by private individuals and 
        businesses, and does not include any law or regulation that 
        prescribes private actions or outcomes; and
            ``(C) the term `incidental benefit' means a claimed benefit 
        outside the specific regulatory objective or objectives 
        identified under paragraph (1)(B)(i) a rule is intended to 
        address as identified in paragraph (1)(A).
    ``(4) All determinations made under this subsection shall be 
subject to review under chapter 7.''.

SEC. 502. CONGRESSIONAL REVIEW.

    Section 801(a)(2) of title 5, United States Code, is amended by 
adding at the end the following:
                    ``(C) The Comptroller General shall examine the 
                cost-benefit analysis for compliance with the 
                requirements of section 553(f), including the agency 
                methodology established under section 553(f)(2)(A).
                    ``(D) The Comptroller General shall examine any 
                risk analysis under section 553(f)(1)(C)(iv) pertaining 
                to the cost-benefit analysis for compliance with the 
                requirements of section 553(f).
                    ``(E) The Comptroller General also shall examine 
                the agencies' quadrennial regulatory reviews for 
                consistency with the requirements of section 553(f) and 
                report to Congress on the results.''.

        TITLE VI--PERIODIC REVIEW AND TERMINATION OF REGULATIONS

SEC. 601. REVIEW OF REGULATIONS.

    A covered rule shall be subject to review in accordance with this 
title. Upon completion of such review, the agency which has 
jurisdiction over such rule shall--
            (1) issue a final report under section 406(c)(2) continuing 
        such rule, or
            (2) conduct a rulemaking in accordance with section 406(d) 
        to modify, consolidate with another rule, or terminate such 
        rule.

SEC. 602. RULES COVERED.

    (a) Covered Rules.--For purposes of this title, a covered rule is a 
rule that--
            (1) is determined by the Administrator to be a significant 
        rule under subsection (b); or
            (2) is any other rule designated by the agency which has 
        jurisdiction over such rule or the Administrator under this 
        title for sunset review.
    (b) Significant Rules.--For purposes of this title, a significant 
rule is a rule that the Administrator determines--
            (1) has resulted in or is likely to result in an annual 
        effect on the economy of $100,000,000 or more;
            (2) is a major rule; or
            (3) was issued pursuant to a significant regulatory action, 
        as that term is defined in Executive Order 12866 (as in effect 
        on the first date that Executive order was in effect).
    (c) Public Petitions.--
            (1) In general.--Any person adversely affected by a rule 
        that is not a significant rule may submit a petition to the 
        agency which has jurisdiction over the rule requesting that 
        such agency designate the rule for sunset review. Such agency 
        shall designate the rule for sunset review unless such agency 
        determines that it would not be in the public interest to 
        conduct a sunset review of the rule. In making such 
        determination, such agency shall take into account the number 
        and nature of other petitions received on the same rule and 
        whether or not such petitions have been denied.
            (2) Form and content of petition.--A petition under 
        paragraph (1)--
                    (A) shall be in writing, but is not otherwise 
                required to be in any particular form; and
                    (B) shall identify the rule for which sunset review 
                is requested with reasonable specificity and state on 
                its face that the petitioner seeks sunset review of the 
                rule.
            (3) Response required for noncomplying petitions.--If an 
        agency determines that a petition does not meet the 
        requirements of this subsection, the agency shall provide a 
        response to the petitioner within 30 days after receiving the 
        petition, notifying the petitioner of the problem and providing 
        information on how to formulate a petition that meets those 
        requirements.
            (4) Decision within 90 days.--Within the 90-day period 
        beginning on the date of receiving a petition that meets the 
        requirements of this subsection, the agency shall transmit a 
        response to the petitioner stating whether the petition was 
        granted or denied, except that the agency may extend such 
        period by a total of not more than 30 days.
            (5) Petitions deemed granted for substantial inexcusable 
        delay.--A petition for sunset review of a rule is deemed to 
        have been granted by an agency, and such agency is deemed to 
        have designated the rule for sunset review, if a court finds 
        there is a substantial and inexcusable delay, beyond the period 
        specified in paragraph (4), in notifying the petitioner of the 
        agency's determination to grant or deny the petition.
            (6) Public log.--Each agency shall maintain a public log of 
        petitions submitted under this subsection, that includes the 
        status or disposition of each petition.
    (d) Congressional Requests.--
            (1) In general.--An appropriate committee of the Congress, 
        or a majority of the majority party members or a majority of 
        nonmajority party members of such committee, may request in 
        writing that the Administrator designate any rule that is not a 
        significant rule for sunset review. The Administrator shall 
        designate such rule for sunset review within 30 days after 
        receipt of such request unless the Administrator determines 
        that it would not be in the public interest to conduct a sunset 
        review of such rule.
            (2) Notice of denial.--If the Administrator denies a 
        congressional request under this subsection, the Administrator 
        shall transmit to the congressional committee making the 
        request a notice stating the reasons for the denial.
    (e) Publication of Notice of Designation for Sunset Review.--After 
designating a rule under subsection (c) or (d) for sunset review, the 
agency or the Administrator shall promptly publish a notice of that 
designation in the Federal Register.

SEC. 603. CRITERIA FOR SUNSET REVIEW.

    (a) Compliance With Other Laws.--In order for any rule subject to 
sunset review to continue without change or to be modified or 
consolidated in accordance with this title, such rule must be 
authorized by law and meet all applicable requirements that would apply 
if it were issued as a new rule pursuant to section 553 of title 5, 
United States Code, or other statutory rulemaking procedures required 
for that rule. For purposes of this section, the term ``applicable 
requirements'' includes any requirement for cost-benefit analysis and 
any requirement for standardized risk analysis and risk assessment.
    (b) Governing Law.--If there is a conflict between applicable 
requirements and an Act under which a rule was issued, the conflict 
shall be resolved in the same manner as such conflict would be resolved 
if the agency were issuing a new rule.

SEC. 604. SUNSET REVIEW PROCEDURES.

    (a) Functions of the Administrator.--
            (1) Notice of rules subject to review.--
                    (A) Inventory and first list.--Within 6 months 
                after the date of the enactment of this title, the 
                Administrator shall conduct an inventory of existing 
                rules and publish a first list of covered rules. The 
                list shall--
                            (i) specify the particular group to which 
                        each significant rule is assigned under 
                        paragraph (2), and state the review deadline 
                        for all significant rules in each such group; 
                        and
                            (ii) include other rules subject to sunset 
                        review for any other reason, and state the 
                        review deadline for each such rule.
                    (B) Subsequent lists.--After publication of the 
                first list under subparagraph (A), the Administrator 
                shall publish an updated list of covered rules at least 
                annually, specifying the review deadline for each rule 
                on the list.
            (2) Grouping of significant rules in first list.--
                    (A) Staggered review.--The Administrator shall 
                assign each significant rule in effect on the date of 
                enactment of this title to one of 4 groups established 
                by the Administrator to permit orderly and prioritized 
                sunset reviews, and specify for each group an initial 
                review deadline in accordance with section 405(a)(1).
                    (B) Prioritizations.--In determining which rules 
                shall be given priority in time in that assignment, the 
                Administrator shall consult with appropriate agencies, 
                and shall prioritize rule based on--
                            (i) the grouping of related rules in 
                        accordance with paragraph (3);
                            (ii) the extent of the cost of each rule 
                        and on the regulated community and the public, 
                        with priority in time given to those rules that 
                        impose the greatest cost;
                            (iii) consideration of the views of 
                        regulated persons, including State and local 
                        governments;
                            (iv) whether a particular rule has recently 
                        been subject to cost-benefit analysis and risk 
                        assessment, with priority in time given to 
                        those rules that have not been subject to such 
                        analysis and assessment;
                            (v) whether a particular rule was issued 
                        under a statutory provision that provides 
                        relatively greater discretion to an official in 
                        issuing the rule, with priority in time given 
                        to those rules that were issued under 
                        provisions that provide relatively greater 
                        discretion;
                            (vi) the burden of reviewing each rule on 
                        the reviewing agency; and
                            (vii) the need for orderly processing and 
                        the timely completion of the sunset reviews of 
                        existing rules.
            (3) Grouping of related rules.--The Administrator shall 
        group related rules under paragraph (2) (and designate other 
        rules) for simultaneous sunset review based upon their subject 
        matter similarity, functional interrelationships, and other 
        relevant factors to ensure comprehensive and coordinated review 
        of redundant, overlapping, and conflicting rules and 
        requirements. The Administrator shall ensure simultaneous 
        sunset reviews of covered rules without regard to whether they 
        were issued by the same agency, and shall designate any other 
        rule for sunset review that is necessary for a comprehensive 
        sunset review whether or not such other rule is otherwise a 
        covered rule under this title.
            (4) Guidance.--The Administrator shall provide timely 
        guidance to agencies on the conduct of sunset reviews and the 
        preparation of sunset review notices and reports required by 
        this title to ensure uniform, complete, and timely sunset 
        reviews and to ensure notice and opportunity for public comment 
        consistent with section 406.
            (5) Review and evaluation of reports.--The Administrator 
        shall review and evaluate each preliminary and final report 
        submitted by the agency pursuant to this section. Within 90 
        days after receiving a preliminary report, the Administrator 
        shall transmit comments to the head of the agency regarding--
                    (A) the quality of the analysis in the report, 
                including whether the agency has properly applied 
                section 403;
                    (B) the consistency of the agency's proposed action 
                with actions of other agencies; and
                    (C) whether the rule should be continued without 
                change, modified, consolidated with another rule, or 
                terminated.
    (b) Agency Sunset Review Procedure.--
            (1) Sunset review notice.--At least 30 months before the 
        review deadline under section 405(a) for a covered rule issued 
        by an agency, the agency shall--
                    (A) publish a sunset review notice in accordance 
                with section 406(a) in the Federal Register and, to the 
                extent reasonable and practicable, in other 
                publications or media that are designed to reach those 
                persons most affected by the covered rule; and
                    (B) request the views of the Administrator and the 
                appropriate committees of the Congress on whether to 
                continue without change, modify, consolidate, or 
                terminate the covered rule.
            (2) Preliminary report.--In reviewing a covered rule, the 
        agency shall--
                    (A) consider public comments and other 
                recommendations generated by a sunset review notice 
                under paragraph (1); and
                    (B) at least 1 year before the review deadline 
                under section 405(a) for the covered rule, publish in 
                the Federal Register, in accordance with section 
                406(b), and transmit to the Administrator and the 
                appropriate committees of the Congress a preliminary 
                report.
            (3) Final report.--The agency shall consider the public 
        comments and other recommendations generated by the preliminary 
        report under paragraph (2) for a covered rule, and shall 
        consult with the appropriate committees of the Congress before 
        issuing a final report. At least 90 days before the review 
        deadline of the covered rule, the agency shall publish in the 
        Federal Register, in accordance with section 406(c)(2) or 
        406(d), and transmit a final report to the Administrator and 
        the appropriate committees of the Congress.
            (4) Open procedures regarding sunset review.--In any sunset 
        review conducted pursuant to this title, the agency conducting 
        the review shall make a written record describing the subject 
        of all contacts the agency or Administrator made with non-
        governmental persons outside the agency relating to such 
        review. The written record of such contact shall be made 
        available, upon request, to the public.
    (c) Effectiveness of Agency Recommendation.--If a final report 
under subsection (b)(3) recommends that a covered rule should be 
continued without change, the covered rule shall be continued. If a 
final report under subsection (b)(3) recommends that a covered rule 
should be modified, consolidated with another rule, or terminated, the 
rule may be modified, so consolidated, or terminated in accordance with 
section 406(d).
    (d) Preservation of Independence of Federal Bank Regulatory 
Agencies.--The head of any appropriate Federal banking agency (as that 
term is defined in section 3(q) of the Federal Deposit Insurance Act 
(12 U.S.C. 1813(q))), the Federal Housing Finance Board, the National 
Credit Union Administration, and the Office of Federal Housing 
Enterprise Oversight shall have the authority with respect to that 
agency that would otherwise be granted under section 405(a)(2)(B) to 
the Administrator or other officer designated by the President.

SEC. 605. REVIEW DEADLINES FOR COVERED RULES.

    (a) In General.--For purposes of this title, the review deadline of 
a covered rule is as follows:
            (1) Existing significant rules.--For a significant rule in 
        effect on the date of the enactment of this title, the initial 
        review deadline is the last day of the 4-year, 5-year, 6-year, 
        or 7-year period beginning on the date of the enactment of this 
        title, as specified by the Administrator under section 
        404(a)(2)(A). For any significant rule that 6 months after the 
        date of enactment is not assigned to such a group specified 
        under section 404(a)(2)(A), the initial review deadline is the 
        last day of the 4-year period beginning on the date of 
        enactment of this title.
            (2) New significant rules.--For a significant rule that 
        first takes effect after the date of the enactment of this 
        title, the initial review deadline is the last day of either--
                    (A) the 3-year period beginning on the date the 
                rule takes effect, or
                    (B) if the Administrator determines as part of the 
                rulemaking process that the rule is issued pursuant to 
                negotiated rulemaking procedures or that compliance 
                with the rule requires substantial capital investment, 
                the 7-year period beginning on the date the rule takes 
                effect.
            (3) Rules covered pursuant to public petition or 
        congressional request.--For any rule subject to sunset review 
        pursuant to a public petition under section 402(c) or a 
        congressional request under section 402(d), the initial review 
        deadline is the last day of the 3-year period beginning on--
                    (A) the date the agency or Administrator so 
                designates the rule for review; or
                    (B) the date of issuance of a final court order 
                that the agency is deemed to have designated the rule 
                for sunset review.
            (4) Related rule designated for review.--For a rule that 
        the Administrator designates under section 404(a)(3) for sunset 
        review because it is related to another covered rule and that 
        is grouped with that other rule for simultaneous review, the 
        initial review deadline is the same as the review deadline for 
        that other rule.
    (b) Temporary Extension.--The review deadline under subsection (a) 
for a covered rule may be extended by the Administrator for not more 
than 6 months by publishing notice thereof in the Federal Register that 
describes reasons why the temporary extension is necessary to respond 
to or prevent an emergency situation.
    (c) Determinations Where Rules Have Been Amended.--For purposes of 
this title, if various provisions of a covered rule were issued at 
different times, then the rule as a whole shall be treated as if it 
were issued on the later of--
            (1) the date of issuance of the provision of the rule that 
        was issued first; or
            (2) the date the most recent review and revision of the 
        rule under this title was completed.

SEC. 606. SUNSET REVIEW NOTICES AND AGENCY REPORTS.

    (a) Sunset Review Notices.--The sunset review notice under section 
404(b)(1) for a rule shall--
            (1) request comments regarding whether the rule should be 
        continued without change, modified, consolidated with another 
        rule, or terminated;
            (2) if applicable, request comments regarding whether the 
        rule meets the applicable Federal cost-benefit and risk 
        assessment criteria; and
            (3) solicit comments about the past implementation and 
        effects of the rule, including--
                    (A) the direct and indirect costs incurred because 
                of the rule, including the net reduction in the value 
                of private property (whether real, personal, tangible, 
                or intangible), and whether the incremental benefits of 
                the rule exceeded the incremental costs of the rule, 
                both generally and regarding each of the specific 
                industries and sectors it covers;
                    (B) whether the rule as a whole, or any major 
                feature of it, is outdated, obsolete, or unnecessary, 
                whether by change of technology, the marketplace, or 
                otherwise;
                    (C) the extent to which the rule or information 
                required to comply with the rule duplicated, 
                conflicted, or overlapped with requirements under rules 
                of other agencies;
                    (D) in the case of a rule addressing a risk to 
                health or safety or the environment, what the perceived 
                risk was at the time of issuance and to what extent the 
                risk predictions were accurate;
                    (E) whether the rule unnecessarily impeded domestic 
                or international competition or unnecessarily intruded 
                on free market forces, and whether the rule 
                unnecessarily interfered with opportunities or efforts 
                to transfer to the private sector duties carried out by 
                the Government;
                    (F) whether, and to what extent, the rule imposed 
                unfunded mandates on, or otherwise affected, State and 
                local governments;
                    (G) whether compliance with the rule required 
                substantial capital investment and whether terminating 
                the rule on the next review deadline would create an 
                unfair advantage to those who are not in compliance 
                with it;
                    (H) whether the rule constituted the least cost 
                method of achieving its objective consistent with the 
                criteria of the Act under which the rule was issued, 
                and to what extent the rule provided flexibility to 
                those who were subject to it;
                    (I) whether the rule was worded simply and clearly, 
                including clear identification of those who were 
                subject to the rule;
                    (J) whether the rule created negative unintended 
                consequences;
                    (K) the extent to which information requirements 
                under the rule can be reduced; and
                    (L) the extent to which the rule has contributed 
                positive benefits, particularly health or safety or 
                environmental benefits.
    (b) Preliminary Reports on Sunset Reviews.--The preliminary report 
under section 404(b)(2) on the sunset review of a rule shall request 
public comments and contain--
            (1) specific requests for factual findings and recommended 
        legal conclusions regarding the application of section 403 to 
        the rule, the continued need for the rule, and whether the rule 
        duplicates functions of another rule;
            (2) a request for comments on whether the rule should be 
        continued without change, modified, consolidated with another 
        rule, or terminated; and
            (3) if consolidation or modification of the rule is 
        recommended, suggestions for the proposed text of the 
        consolidated or modified rule.
    (c) Final Reports on Sunset Reviews.--The report under section 
404(b)(3) on the sunset review of a rule shall--
            (1) contain the factual findings and legal conclusions of 
        the agency conducting the review regarding the application of 
        section 403 to the rule and the agency's proposed 
        recommendation as to whether the rule should be continued 
        without change, modified, consolidated with another rule, or 
        terminated;
            (2) in the case of a rule that the agency proposes to 
        continue without change, so state;
            (3) in the case of a rule that the agency proposes to 
        modify or consolidate with another rule, contain--
                    (A) a notice of proposed rulemaking under section 
                553 of title 5, United States Code or under other 
                statutory rulemaking procedures required for that rule; 
                and
                    (B) the text of the rule as so modified or 
                consolidated; and
            (4) in the case of a rule that the agency proposes to 
        terminate, contain a notice of proposed rulemaking for 
        termination consistent with paragraph (3)(A).
A final report described in paragraph (2) shall be published in the 
Federal Register.
    (d) Rulemaking.--The final report under subsection (c)(3) or (c)(4) 
shall be published in the Federal Register and its publication shall 
constitute publication of the notice required by subsection (c)(3)(A). 
After publication of the final report under subsection (c)(3) or (c)(4) 
on a sunset review of a rule, the agency which conducted such review 
shall conduct the rulemaking which is called for in such report.
    (e) Legislative Recommendations.--In any case in which the head of 
an agency determines that a rule in a final report under subsection 
(c)(3) or (c)(4) cannot be changed, modified, or consolidated with 
another rule without legislative action, such head shall include in 
such final report a description of what legislative changes are 
required to implement the recommendations in such final report with 
regard to such rule.

SEC. 607. DESIGNATION OF AGENCY REGULATORY REVIEW OFFICERS.

    The head of each agency shall designate an officer of the agency as 
the Regulatory Review Officer of the agency. The Regulatory Review 
Officer of an agency shall be responsible for the implementation of 
this title by the agency and shall report directly to the head of the 
agency and the Administrator with respect to that responsibility.

SEC. 608. RELATIONSHIP TO THE ADMINISTRATIVE PROCEDURE ACT.

    Nothing in this title is intended to supersede the provisions of 
chapters 5, 6, and 7 of title 5, United States Code.

SEC. 609. EFFECT OF TERMINATION OF A COVERED RULE.

    (a) Effect of Termination, Generally.--If a covered rule is 
terminated pursuant to this title--
            (1) this title shall not be construed to prevent the 
        President or an agency from exercising any authority that 
        otherwise exists to implement the statute under which the rule 
        was issued;
            (2) in an agency proceeding or court action between an 
        agency and a non-agency party, the rule shall be given no 
        conclusive legal effect but may be submitted as evidence of 
        prior agency practice and procedure; and
            (3) this title shall not be construed to prevent the 
        continuation or institution of any enforcement action that is 
        based on a violation of the rule that occurred before the 
        effectiveness of the rule terminated.
    (b) Effect on Deadlines.--
            (1) In general.--Notwithstanding subsection (a), any 
        deadline for, relating to, or involving any action dependent 
        upon, any rule terminated under this title is suspended until 
        the agency that issued the rule issues a new rule on the same 
        matter, unless otherwise provided by a law.
            (2) Deadline defined.--In this subsection, the term 
        ``deadline'' means any date certain for fulfilling any 
        obligation or exercising any authority established by or under 
        any Federal rule, or by or under any court order implementing 
        any Federal rule.

SEC. 610. JUDICIAL REVIEW.

    (a) In General.--A denial or substantial inexcusable delay in 
granting or denying a petition under section 402(c) shall be considered 
final agency action subject to review under section 702 of title 5, 
United States Code. A denial of a congressional request under section 
402(d) shall not be subject to judicial review.
    (b) Time Limitation on Filing a Civil Action.--Notwithstanding any 
other provisions of law, an action seeking judicial review of a final 
agency action under this title may not be brought--
            (1) in the case of a final agency action denying a public 
        petition under section 402(c) or continuing without change, 
        modifying, consolidating, or terminating a covered rule, more 
        than 30 days after the date of that agency action; or
            (2) in the case of an action challenging a delay in 
        deciding on a petition for a rule under section 402(c), more 
        than 1 year after the period applicable to the rule under 
        section 402(c)(4).
    (c) Availability of Judicial Review Unaffected.--Except to the 
extent that there is a direct conflict with the provisions of this 
title, nothing in this title is intended to affect the availability or 
standard of judicial review for agency regulatory action.

SEC. 611. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Information and Regulatory 
        Affairs in the Office of Management and Budget.
            (2) Agency.--The term ``agency'' has the meaning given that 
        term in section 551(1) of title 5, United States Code.
            (3) Appropriate committee of the congress.--The term 
        ``appropriate committee of the Congress'' means, with respect 
        to a rule, each standing committee of Congress having authority 
        under the Rules of the House of Representatives or the Senate 
        to report a bill to amend the provision of law under which the 
        rule is issued.
            (4) Major rule.--The term ``major rule'' means any rule 
        that the Administrator of the Office of Information and 
        Regulatory Affairs in the Office of Management and Budget finds 
        has resulted in or is likely to result in--
                    (A) an annual effect on the economy of $100,000,000 
                or more;
                    (B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    (C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.
            (5) Rule.--
                    (A) General rule.--Subject to subparagraph (B), the 
                term ``rule'' means any agency statement of general 
                applicability and future effect, including agency 
                guidance documents, designed to implement, interpret, 
                or prescribe law or policy, or describing the 
                procedures or practices of an agency, or intended to 
                assist in such actions, but does not include--
                            (i) regulations or other agency statements 
                        issued in accordance with formal rulemaking 
                        provisions of sections 556 and 557 of title 5, 
                        United States Code, or in accordance with other 
                        statutory formal rulemaking procedures required 
                        for such regulations or statements;
                            (ii) regulations or other agency statements 
                        that are limited to agency organization, 
                        management, or personnel matters;
                            (iii) regulations or other agency 
                        statements issued with respect to a military or 
                        foreign affairs function of the United States;
                            (iv) regulations, statements, or other 
                        agency actions that are reviewed and usually 
                        modified each year (or more frequently), or are 
                        reviewed regularly and usually modified based 
                        on changing economic or seasonal conditions;
                            (v) regulations or other agency actions 
                        that grant an approval, license, permit, 
                        registration, or similar authority or that 
                        grant or recognize an exemption or relieve a 
                        restriction, or any agency action necessary to 
                        permit new or improved applications of 
                        technology or to allow the manufacture, 
                        distribution, sale, or use of a substance or 
                        product; and
                            (vi) regulations or other agency statements 
                        that the Administrator certifies in writing are 
                        necessary for the enforcement of the Federal 
                        criminal laws.
                    (B) Scope of a rule.--For purposes of this title, 
                each set of rules designated in the Code of Federal 
                Regulations as a part shall be treated as one rule. 
                Each set of rules that do not appear in the Code of 
                Federal Regulations and that are comparable to a part 
                of that Code under guidelines established by the 
                Administrator shall be treated as one rule.
            (6) Sunset review.--The term ``sunset review'' means a 
        review of the rule under this title.

SEC. 612. SUNSET OF THIS TITLE.

    This title shall have no force or effect after the 10-year period 
beginning on the date of the enactment of this title.

 TITLE VII--REGULATION COSTS TO SMALL BUSINESSES AND GRACE PERIOD FOR 
                         REGULATORY VIOLATIONS

SEC. 701. SMALL BUSINESS ADMINISTRATION STUDY ON THE COST OF FEDERAL 
              REGULATIONS.

    (a) In General.--Beginning on the date that is 1 year after the 
date of enactment of this title, and annually thereafter, the 
Administrator shall conduct an annual study of the total costs to small 
business concerns of Federal regulations and the amount that such total 
costs have increased over the prior year.
    (b) Requirement.--In conducting each study required under 
subsection (a), the Administrator shall use the best available 
estimates of the costs and the benefits, disaggregated by the agency 
issuing the regulation, of each major rule (as defined in section 804 
of title 5, United States Code) made after the date of the study in the 
prior year resulting in a net cost to small business concerns during 
the period to which the report pertains, and of the cumulative costs of 
such rules. Such estimates may include estimates produced under the 
terms of Executive Order 12866.
    (c) Report.--Not later than 90 days after completing a study 
required by this section, the Administrator shall submit to the 
Committee on Small Business of the House of Representatives and the 
Committee on Small Business and Entrepreneurship of the Senate a report 
on the findings of that study.
    (d) Funding.--
            (1) In general.--The Administration shall carry out this 
        section using unobligated funds otherwise made available to the 
        Administration.
            (2) Sense of congress regarding funding.--It is the sense 
        of Congress that no additional funds should be made available 
        to the Administration to carry out this title.
    (e) Definitions.--In this section--
            (1) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively; and
            (2) the term ``small business concern'' has the same 
        meaning as in section 3 of the Small Business Act (15 U.S.C. 
        632).

SEC. 702. GRACE PERIOD FOR REGULATORY VIOLATIONS.

    Section 558 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(d) Before any enforcement action is taken on any sanction on a 
business for any violation of a rule or pursuant to an adjudication an 
agency shall--
            ``(1) not later than 10 business days after the date on 
        which the agency determines that a sanction may be imposed on 
        the business, provide notice to the business that, if the 
        business is a small business as defined in subsection (k), the 
        small business may be subject to a sanction at the end of the 
        grace period described in paragraph (3);
            ``(2) delay any further action for a period of 15 calendar 
        days;
            ``(3) for any small business, defer any further action for 
        a period of not less than 6 months, less the 15 days described 
        in paragraph (2), which shall be extended by an additional 
        period of 3 months on application by the small business 
        demonstrating reasonable efforts made in good faith to remedy 
        the violation or other conduct giving rise to the sanction;
            ``(4) make a further determination after the period 
        described in paragraph (3) as to whether or not the small 
        business would still be subject to the sanction as of the end 
        of that period;
            ``(5) if the determination under paragraph (4) is that the 
        small business would not be subject to the sanction, waive the 
        sanction; and
            ``(6) if notice is given more than 10 business days after 
        the date on which the agency determines that a sanction may be 
        imposed on the business, and the agency determines that the 
        same sanction may have been imposed on the business 10 business 
        days prior to the date of the notice, that date of notice shall 
        be the effective date commencing the grace period described in 
        paragraph (3).
    ``(e) The grace period described by subsection (d) shall be 
applicable only once per business per rule, but shall cover subsequent 
violations of the same rule until it expires.
    ``(f) The grace period described by subsection (d) shall not apply 
to a violation that puts anyone in imminent danger, as defined by the 
Occupational Safety and Health Act (29 U.S.C. 662 et seq.).
    ``(g) Nothing in subsection (d) shall be construed to prevent a 
small business from appealing any sanction imposed in accordance with 
the procedures of the agency, or from seeking review under chapter 7 of 
this title.
    ``(h) Any sanction by an agency on a small business for any 
violation of a rule or pursuant to an adjudication, absent proof of 
written notice of the sanction and the date on which the agency 
determined that a sanction may be imposed, or in violation of 
subsection (d)(3), shall be null and void.
    ``(i) Federal agencies shall report annually to the Ombudsman on 
the utilization of this directive and disclose the penalty mitigation 
for small businesses.
    ``(j) The Ombudsman shall include in its annual report to Congress 
the agency reports described by subsection (i) and a summary of the 
findings.
    ``(k) For purposes of this section--
            ``(1) term `small business' is defined as any sole 
        proprietorship, partnership, corporation, limited liability 
        company, or other business entity, that--
                    ``(A) had less than $10,000,000 in gross receipts 
                in the preceding calendar year;
                    ``(B) is considered a `small-business concern' as 
                such term is defined pursuant to Section 3(a) of the 
                Small Business Act (15 U.S.C. 632(a));
                    ``(C) employed fewer than 200 individuals in the 
                preceding calendar year; or
                    ``(D) had CPI adjusted gross receipts of less than 
                $10,000,000 in the preceding year;
            ``(2) the term `Ombudsman' has the same meaning given such 
        term in section 30(a) of the Small Business Act (15 U.S.C. 
        657(a));
            ``(3) the term `consumer price index' means the consumer 
        price index for all urban consumers published by the Department 
        of Labor; and
            ``(4) the term `CPI adjusted gross receipts' means the 
        amount of gross receipts, divided by the consumer price index 
        for calendar year 2012, and multiplied by the consumer price 
        index for the preceding calendar year, rounded to the nearest 
        multiple of $100,000 (or, if midway between multiples of 
        $100,000, to the next higher multiple of $100,000).''.

TITLE VIII--MAJOR RULES OF THE EXECUTIVE BRANCH BE APPROVED BY CONGRESS

SEC. 801. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    Chapter 8 of title 5, United States Code, is amended to read as 
follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``Sec. 801. Congressional review
    ``(a)(1)(A) Before a rule may take effect, the Federal agency 
promulgating such rule shall submit to each House of the Congress and 
to the Comptroller General a report containing--
            ``(i) a copy of the rule;
            ``(ii) a concise general statement relating to the rule;
            ``(iii) a classification of the rule as a major or nonmajor 
        rule, including an explanation of the classification 
        specifically addressing each criteria for a major rule 
        contained within clauses (i) through (iii) of section 804(2)(A) 
        or within section 804(2)(B);
            ``(iv) a list of any other related regulatory actions taken 
        by or that will be taken by the Federal agency promulgating the 
        rule that are intended to implement the same statutory 
        provision or regulatory objective as well as the individual and 
        aggregate economic effects of those actions;
            ``(v) a list of any other related regulatory actions taken 
        by or that will be taken by any other Federal agency with 
        authority to implement the same statutory provision or 
        regulatory objective that are intended to implement such 
        provision or objective, of which the Federal agency 
        promulgating the rule is aware, as well as the individual and 
        aggregate economic effects of those actions; and
            ``(vi) the proposed effective date of the rule.
    ``(B) On the date of the submission of the report under 
subparagraph (A), the Federal agency promulgating the rule shall submit 
to the Comptroller General and make available to each House of 
Congress--
            ``(i) a complete copy of the cost-benefit analysis of the 
        rule, if any, including an analysis of any jobs added or lost, 
        differentiating between public and private sector jobs;
            ``(ii) the agency's actions pursuant to sections 603, 604, 
        605, 607, and 609 of this title;
            ``(iii) the agency's actions pursuant to sections 202, 203, 
        204, and 205 of the Unfunded Mandates Reform Act of 1995; and
            ``(iv) any other relevant information or requirements under 
        any other Act and any relevant Executive orders.
    ``(C) Upon receipt of a report submitted under subparagraph (A), 
each House shall provide copies of the report to the chairman and 
ranking member of each standing committee with jurisdiction under the 
rules of the House of Representatives or the Senate to report a bill to 
amend the provision of law under which the rule is issued.
    ``(2)(A) The Comptroller General shall provide a report on each 
major rule to the committees of jurisdiction by the end of 15 calendar 
days after the submission or publication date. The report of the 
Comptroller General shall include an assessment of the agency's 
compliance with procedural steps required by paragraph (1)(B) and an 
assessment of whether the major rule imposes any new limits or mandates 
on private-sector activity.
    ``(B) Federal agencies shall cooperate with the Comptroller General 
by providing information relevant to the Comptroller General's report 
under subparagraph (A).
    ``(3) A major rule relating to a report submitted under paragraph 
(1) shall take effect upon enactment of a joint resolution of approval 
described in section 802 or as provided for in the rule following 
enactment of a joint resolution of approval described in section 802, 
whichever is later.
    ``(4) A nonmajor rule shall take effect as provided by section 803 
after submission to Congress under paragraph (1).
    ``(5) If a joint resolution of approval relating to a major rule is 
not enacted within the period provided in subsection (b)(2), then a 
joint resolution of approval relating to the same rule may not be 
considered under this chapter in the same Congress by either the House 
of Representatives or the Senate.
    ``(b)(1) A major rule shall not take effect unless the Congress 
enacts a joint resolution of approval described under section 802.
    ``(2) If a joint resolution described in subsection (a) is not 
enacted into law by the end of 70 session days or legislative days, as 
applicable, beginning on the date on which the report referred to in 
section 801(a)(1)(A) is received by Congress (excluding days either 
House of Congress is adjourned for more than 3 days during a session of 
Congress), then the rule described in that resolution shall be deemed 
not to be approved and such rule shall not take effect.
    ``(c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a major rule may take effect for one 
90-calendar-day period if the President makes a determination under 
paragraph (2) and submits written notice of such determination to the 
Congress.
    ``(2) Paragraph (1) applies to a determination made by the 
President by Executive order that the major rule should take effect 
because such rule is--
            ``(A) necessary because of an imminent threat to health or 
        safety or other emergency;
            ``(B) necessary for the enforcement of criminal laws;
            ``(C) necessary for national security; or
            ``(D) issued pursuant to any statute implementing an 
        international trade agreement.
    ``(3) An exercise by the President of the authority under this 
subsection shall have no effect on the procedures under section 802.
    ``(d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any rule for which a report 
was submitted in accordance with subsection (a)(1)(A) during the period 
beginning on the date occurring--
            ``(A) in the case of the Senate, 60 session days, or
            ``(B) in the case of the House of Representatives, 60 
        legislative days,
before the date the Congress is scheduled to adjourn a session of 
Congress through the date on which the same or succeeding Congress 
first convenes its next session, sections 802 and 803 shall apply to 
such rule in the succeeding session of Congress.
    ``(2)(A) In applying sections 802 and 803 for purposes of such 
additional review, a rule described under paragraph (1) shall be 
treated as though--
            ``(i) such rule were published in the Federal Register on--
                    ``(I) in the case of the Senate, the 15th session 
                day, or
                    ``(II) in the case of the House of Representatives, 
                the 15th legislative day,
        after the succeeding session of Congress first convenes; and
            ``(ii) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
    ``(B) Nothing in this paragraph shall be construed to affect the 
requirement under subsection (a)(1) that a report shall be submitted to 
Congress before a rule can take effect.
    ``(3) A rule described under paragraph (1) shall take effect as 
otherwise provided by law (including other subsections of this 
section).
``Sec. 802. Congressional approval procedure for major rules
    ``(a)(1) For purposes of this section, the term `joint resolution' 
means only a joint resolution addressing a report classifying a rule as 
major pursuant to section 801(a)(1)(A)(iii) that--
            ``(A) bears no preamble;
            ``(B) bears the following title (with blanks filled as 
        appropriate): `Approving the rule submitted by ___ relating to 
        ___.';
            ``(C) includes after its resolving clause only the 
        following (with blanks filled as appropriate): `That Congress 
        approves the rule submitted by ___ relating to ___.'; and
            ``(D) is introduced pursuant to paragraph (2).
    ``(2) After a House of Congress receives a report classifying a 
rule as major pursuant to section 801(a)(1)(A)(iii), the majority 
leader of that House (or his or her respective designee) shall 
introduce (by request, if appropriate) a joint resolution described in 
paragraph (1)--
            ``(A) in the case of the House of Representatives, within 
        three legislative days; and
            ``(B) in the case of the Senate, within three session days.
    ``(3) A joint resolution described in paragraph (1) shall not be 
subject to amendment at any stage of proceeding.
    ``(b) A joint resolution described in subsection (a) shall be 
referred in each House of Congress to the committees having 
jurisdiction over the provision of law under which the rule is issued.
    ``(c) In the Senate, if the committee or committees to which a 
joint resolution described in subsection (a) has been referred have not 
reported it at the end of 15 session days after its introduction, such 
committee or committees shall be automatically discharged from further 
consideration of the resolution and it shall be placed on the calendar. 
A vote on final passage of the resolution shall be taken on or before 
the close of the 15th session day after the resolution is reported by 
the committee or committees to which it was referred, or after such 
committee or committees have been discharged from further consideration 
of the resolution.
    ``(d)(1) In the Senate, when the committee or committees to which a 
joint resolution is referred have reported, or when a committee or 
committees are discharged (under subsection (c)) from further 
consideration of a joint resolution described in subsection (a), it is 
at any time thereafter in order (even though a previous motion to the 
same effect has been disagreed to) for a motion to proceed to the 
consideration of the joint resolution, and all points of order against 
the joint resolution (and against consideration of the joint 
resolution) are waived. The motion is not subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If a motion to proceed 
to the consideration of the joint resolution is agreed to, the joint 
resolution shall remain the unfinished business of the Senate until 
disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 2 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) In the House of Representatives, if any committee to which a 
joint resolution described in subsection (a) has been referred has not 
reported it to the House at the end of 15 legislative days after its 
introduction, such committee shall be discharged from further 
consideration of the joint resolution, and it shall be placed on the 
appropriate calendar. On the second and fourth Thursdays of each month 
it shall be in order at any time for the Speaker to recognize a Member 
who favors passage of a joint resolution that has appeared on the 
calendar for at least 5 legislative days to call up that joint 
resolution for immediate consideration in the House without 
intervention of any point of order. When so called up a joint 
resolution shall be considered as read and shall be debatable for 1 
hour equally divided and controlled by the proponent and an opponent, 
and the previous question shall be considered as ordered to its passage 
without intervening motion. It shall not be in order to reconsider the 
vote on passage. If a vote on final passage of the joint resolution has 
not been taken by the third Thursday on which the Speaker may recognize 
a Member under this subsection, such vote shall be taken on that day.
    ``(f)(1) If, before passing a joint resolution described in 
subsection (a), one House receives from the other a joint resolution 
having the same text, then--
            ``(A) the joint resolution of the other House shall not be 
        referred to a committee; and
            ``(B) the procedure in the receiving House shall be the 
        same as if no joint resolution had been received from the other 
        House until the vote on passage, when the joint resolution 
        received from the other House shall supplant the joint 
        resolution of the receiving House.
    ``(2) This subsection shall not apply to the House of 
Representatives if the joint resolution received from the Senate is a 
revenue measure.
    ``(g) If either House has not taken a vote on final passage of the 
joint resolution by the last day of the period described in section 
801(b)(2), then such vote shall be taken on that day.
    ``(h) This section and section 803 are enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such is 
        deemed to be part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a) and superseding other rules only where 
        explicitly so; and
            ``(2) with full recognition of the Constitutional right of 
        either House to change the rules (so far as they relate to the 
        procedure of that House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of that House.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
    ``(a) For purposes of this section, the term `joint resolution' 
means only a joint resolution introduced in the period beginning on the 
date on which the report referred to in section 801(a)(1)(A) is 
received by Congress and ending 60 days thereafter (excluding days 
either House of Congress is adjourned for more than 3 days during a 
session of Congress), the matter after the resolving clause of which is 
as follows: `That Congress disapproves the nonmajor rule submitted by 
the ___ relating to ___, and such rule shall have no force or effect.' 
(The blank spaces being appropriately filled in).
    ``(b) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction.
    ``(c) In the Senate, if the committee to which is referred a joint 
resolution described in subsection (a) has not reported such joint 
resolution (or an identical joint resolution) at the end of 15 session 
days after the date of introduction of the joint resolution, such 
committee may be discharged from further consideration of such joint 
resolution upon a petition supported in writing by 30 Members of the 
Senate, and such joint resolution shall be placed on the calendar.
    ``(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is discharged 
(under subsection (c)) from further consideration of a joint resolution 
described in subsection (a), it is at any time thereafter in order 
(even though a previous motion to the same effect has been disagreed 
to) for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint resolution (and 
against consideration of the joint resolution) are waived. The motion 
is not subject to amendment, or to a motion to postpone, or to a motion 
to proceed to the consideration of other business. A motion to 
reconsider the vote by which the motion is agreed to or disagreed to 
shall not be in order. If a motion to proceed to the consideration of 
the joint resolution is agreed to, the joint resolution shall remain 
the unfinished business of the Senate until disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 10 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) In the Senate the procedure specified in subsection (c) or 
(d) shall not apply to the consideration of a joint resolution 
respecting a nonmajor rule--
            ``(1) after the expiration of the 60 session days beginning 
        with the applicable submission or publication date, or
            ``(2) if the report under section 801(a)(1)(A) was 
        submitted during the period referred to in section 801(d)(1), 
        after the expiration of the 60 session days beginning on the 
        15th session day after the succeeding session of Congress first 
        convenes.
    ``(f) If, before the passage by one House of a joint resolution of 
that House described in subsection (a), that House receives from the 
other House a joint resolution described in subsection (a), then the 
following procedures shall apply:
            ``(1) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint resolution--
                    ``(A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.
``Sec. 804. Definitions
    ``For purposes of this chapter--
            ``(1) The term `Federal agency' means any agency as that 
        term is defined in section 551(1).
            ``(2) The term `major rule' means any rule, including an 
        interim final rule, that the Administrator of the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget finds--
                    ``(A) has resulted in or is likely to result in--
                            ``(i) an annual effect on the economy of 
                        $50,000,000 or more;
                            ``(ii) a major increase in costs or prices 
                        for consumers, individual industries, Federal, 
                        State, or local government agencies, or 
                        geographic regions; or
                            ``(iii) significant adverse effects on 
                        competition, employment, investment, 
                        productivity, innovation, or on the ability of 
                        United States-based enterprises to compete with 
                        foreign-based enterprises in domestic and 
                        export markets;
                    ``(B) is made by the Administrator of the 
                Environmental Protection Agency and that would have a 
                significant impact on a substantial number of 
                agricultural entities, as determined by the Secretary 
                of Agriculture (who shall publish such determination in 
                the Federal Register);
                    ``(C) is a rule that implements or provides for the 
                imposition or collection of a carbon tax; or
                    ``(D) is made under the Patient Protection and 
                Affordable Care Act (Public Law 111-148).
            ``(3) The term `nonmajor rule' means any rule that is not a 
        major rule.
            ``(4) The term `rule' has the meaning given such term in 
        section 551, except that such term does not include any rule of 
        particular applicability, including a rule that approves or 
        prescribes for the future rates, wages, prices, services, or 
        allowances therefore, corporate or financial structures, 
        reorganizations, mergers, or acquisitions thereof, or 
        accounting practices or disclosures bearing on any of the 
        foregoing.
            ``(5) The term `submission date or publication date', 
        except as otherwise provided in this chapter, means--
                    ``(A) in the case of a major rule, the date on 
                which the Congress receives the report submitted under 
                section 801(a)(1); and
                    ``(B) in the case of a nonmajor rule, the later 
                of--
                            ``(i) the date on which the Congress 
                        receives the report submitted under section 
                        801(a)(1); and
                            ``(ii) the date on which the nonmajor rule 
                        is published in the Federal Register, if so 
                        published.
            ``(6) The term `agricultural entity' means any entity 
        involved in or related to agricultural enterprise, including 
        enterprises that are engaged in the business of production of 
        food and fiber, ranching and raising of livestock, aquaculture, 
        and all other farming and agricultural related industries.
            ``(7) The term `carbon tax' means a fee, levy, or price 
        on--
                    ``(A) emissions, including carbon dioxide emissions 
                generated by the burning of coal, natural gas, or oil; 
                or
                    ``(B) coal, natural gas, or oil based on emissions, 
                including carbon dioxide emissions that would be 
                generated through the fuel's combustion.
``Sec. 805. Judicial review
    ``(a) No determination, finding, action, or omission under this 
chapter shall be subject to judicial review.
    ``(b) Notwithstanding subsection (a), a court may determine whether 
a Federal agency has completed the necessary requirements under this 
chapter for a rule to take effect.
    ``(c) The enactment of a joint resolution of approval under section 
802 shall not be interpreted to serve as a grant or modification of 
statutory authority by Congress for the promulgation of a rule, shall 
not extinguish or affect any claim, whether substantive or procedural, 
against any alleged defect in a rule, and shall not form part of the 
record before the court in any judicial proceeding concerning a rule 
except for purposes of determining whether or not the rule is in 
effect.
``Sec. 806. Exemption for monetary policy
    ``Nothing in this chapter shall apply to rules that concern 
monetary policy proposed or implemented by the Board of Governors of 
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 807. Effective date of certain rules
    ``Notwithstanding section 801--
            ``(1) any rule that establishes, modifies, opens, closes, 
        or conducts a regulatory program for a commercial, 
        recreational, or subsistence activity related to hunting, 
        fishing, or camping; or
            ``(2) any rule other than a major rule which an agency for 
        good cause finds (and incorporates the finding and a brief 
        statement of reasons therefore in the rule issued) that notice 
        and public procedure thereon are impracticable, unnecessary, or 
        contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the 
rule determines.''.

SEC. 802. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5, 
              UNITED STATES CODE.

    Section 257(b)(2) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended by adding at the end the following new 
subparagraph:
                    ``(E) Budgetary effects of rules subject to section 
                802 of title 5, united states code.--Any rules subject 
                to the congressional approval procedure set forth in 
                section 802 of chapter 8 of title 5, United States 
                Code, affecting budget authority, outlays, or receipts 
                shall be assumed to be effective unless it is not 
                approved in accordance with such section.''.

SEC. 803. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study to determine, as of the date of the enactment of this 
Act--
            (1) how many rules (as such term is defined in section 804 
        of title 5, United States Code) were in effect;
            (2) how many major rules (as such term is defined in 
        section 804 of title 5, United States Code) were in effect; and
            (3) the total estimated economic cost imposed by all such 
        rules.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit a report to Congress that contains the findings of the 
study conducted under subsection (a).

 TITLE IX--SIMPLIFICATION OF MERGERS, ACQUISITIONS AND SALES OF SMALL 
                                BUSINESS

SEC. 901. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.

    (a) Registration Exemption.--Section 15(b) of the Securities 
Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end 
the following:
            ``(13) Registration exemption for merger and acquisition 
        brokers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an M&A broker shall be exempt from 
                registration under this section.
                    ``(B) Excluded activities.--An M&A broker is not 
                exempt from registration under this paragraph if such 
                broker does any of the following:
                            ``(i) Directly or indirectly, in connection 
                        with the transfer of ownership of an eligible 
                        privately held company, receives, holds, 
                        transmits, or has custody of the funds or 
                        securities to be exchanged by the parties to 
                        the transaction.
                            ``(ii) Engages on behalf of an issuer in a 
                        public offering of any class of securities that 
                        is registered, or is required to be registered, 
                        with the Commission under section 12 or with 
                        respect to which the issuer files, or is 
                        required to file, periodic information, 
                        documents, and reports under subsection (d).
                    ``(C) Rule of construction.--Nothing in this 
                paragraph shall be construed to limit any other 
                authority of the Commission to exempt any person, or 
                any class of persons, from any provision of this title, 
                or from any provision of any rule or regulation 
                thereunder.
                    ``(D) Definitions.--In this paragraph:
                            ``(i) Control.--The term `control' means 
                        the power, directly or indirectly, to direct 
                        the management or policies of a company, 
                        whether through ownership of securities, by 
                        contract, or otherwise. There is a presumption 
                        of control for any person who--
                                    ``(I) is a director, general 
                                partner, member or manager of a limited 
                                liability company, or officer 
                                exercising executive responsibility (or 
                                has similar status or functions);
                                    ``(II) has the right to vote 20 
                                percent or more of a class of voting 
                                securities or the power to sell or 
                                direct the sale of 20 percent or more 
                                of a class of voting securities; or
                                    ``(III) in the case of a 
                                partnership or limited liability 
                                company, has the right to receive upon 
                                dissolution, or has contributed, 20 
                                percent or more of the capital.
                            ``(ii) Eligible privately held company.--
                        The term `eligible privately held company' 
                        means a company that meets both of the 
                        following conditions:
                                    ``(I) The company does not have any 
                                class of securities registered, or 
                                required to be registered, with the 
                                Commission under section 12 or with 
                                respect to which the company files, or 
                                is required to file, periodic 
                                information, documents, and reports 
                                under subsection (d).
                                    ``(II) In the fiscal year ending 
                                immediately before the fiscal year in 
                                which the services of the M&A broker 
                                are initially engaged with respect to 
                                the securities transaction, the company 
                                meets either or both of the following 
                                conditions (determined in accordance 
                                with the historical financial 
                                accounting records of the company):
                                            ``(aa) The earnings of the 
                                        company before interest, taxes, 
                                        depreciation, and amortization 
                                        are less than $25,000,000.
                                            ``(bb) The gross revenues 
                                        of the company are less than 
                                        $250,000,000.
                            ``(iii) M&A broker.--The term `M&A broker' 
                        means a broker, and any person associated with 
                        a broker, engaged in the business of effecting 
                        securities transactions solely in connection 
                        with the transfer of ownership of an eligible 
                        privately held company, regardless of whether 
                        the broker acts on behalf of a seller or buyer, 
                        through the purchase, sale, exchange, issuance, 
                        repurchase, or redemption of, or a business 
                        combination involving, securities or assets of 
                        the eligible privately held company, if the 
                        broker reasonably believes that--
                                    ``(I) upon consummation of the 
                                transaction, any person acquiring 
                                securities or assets of the eligible 
                                privately held company, acting alone or 
                                in concert, will control and, directly 
                                or indirectly, will be active in the 
                                management of the eligible privately 
                                held company or the business conducted 
                                with the assets of the eligible 
                                privately held company; and
                                    ``(II) if any person is offered 
                                securities in exchange for securities 
                                or assets of the eligible privately 
                                held company, such person will, prior 
                                to becoming legally bound to consummate 
                                the transaction, receive or have 
                                reasonable access to the most recent 
                                year-end balance sheet, income 
                                statement, statement of changes in 
                                financial position, and statement of 
                                owner's equity of the issuer of the 
                                securities offered in exchange, and, if 
                                the financial statements of the issuer 
                                are audited, the related report of the 
                                independent auditor, a balance sheet 
                                dated not more than 120 days before the 
                                date of the offer, and information 
                                pertaining to the management, business, 
                                results of operations for the period 
                                covered by the foregoing financial 
                                statements, and material loss 
                                contingencies of the issuer.
                    ``(E) Inflation adjustment.--
                            ``(i) In general.--On the date that is 5 
                        years after the date of the enactment of the 
                        Small Business Mergers, Acquisitions, Sales, 
                        and Brokerage Simplification Act of 2014, and 
                        every 5 years thereafter, each dollar amount in 
                        subparagraph (D)(ii)(II) shall be adjusted by--
                                    ``(I) dividing the annual value of 
                                the Employment Cost Index For Wages and 
                                Salaries, Private Industry Workers (or 
                                any successor index), as published by 
                                the Bureau of Labor Statistics, for the 
                                calendar year preceding the calendar 
                                year in which the adjustment is being 
                                made by the annual value of such index 
                                (or successor) for the calendar year 
                                ending December 31, 2012; and
                                    ``(II) multiplying such dollar 
                                amount by the quotient obtained under 
                                subclause (I).
                            ``(ii) Rounding.--Each dollar amount 
                        determined under clause (i) shall be rounded to 
                        the nearest multiple of $100,000.''.
    (b) Effective Date.--This title and any amendment made by this 
title shall take effect on the date that is 90 days after the date of 
the enactment of this Act.

                          DIVISION III--ENERGY

                 TITLE X--OFFSHORE ENERGY AND JOBS ACT

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Offshore Energy and Jobs Act''.

      Subtitle A--Outer Continental Shelf Leasing Program Reforms

SEC. 1011. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS.

    Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344(a)) is amended by adding at the end the following:
            ``(5)(A) In each oil and gas leasing program under this 
        section, the Secretary shall make available for leasing and 
        conduct lease sales including at least 50 percent of the 
        available unleased acreage within each outer Continental Shelf 
        planning area considered to have the largest undiscovered, 
        technically recoverable oil and gas resources (on a total btu 
        basis) based upon the most recent national geologic assessment 
        of the outer Continental Shelf, with an emphasis on offering 
        the most geologically prospective parts of the planning area.
            ``(B) The Secretary shall include in each proposed oil and 
        gas leasing program under this section any State subdivision of 
        an outer Continental Shelf planning area that the Governor of 
        the State that represents that subdivision requests be made 
        available for leasing. The Secretary may not remove such a 
        subdivision from the program until publication of the final 
        program, and shall include and consider all such subdivisions 
        in any environmental review conducted and statement prepared 
        for such program under section 102(2) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
            ``(C) In this paragraph the term `available unleased 
        acreage' means that portion of the outer Continental Shelf that 
        is not under lease at the time of a proposed lease sale, and 
        that has not otherwise been made unavailable for leasing by 
        law.
            ``(6)(A) In the 5-year oil and gas leasing program, the 
        Secretary shall make available for leasing any outer 
        Continental Shelf planning areas that--
                    ``(i) are estimated to contain more than 
                2,500,000,000 barrels of oil; or
                    ``(ii) are estimated to contain more than 
                7,500,000,000,000 cubic feet of natural gas.
            ``(B) To determine the planning areas described in 
        subparagraph (A), the Secretary shall use the document entitled 
        `Minerals Management Service Assessment of Undiscovered 
        Technically Recoverable Oil and Gas Resources of the Nation's 
        Outer Continental Shelf, 2006'.''.

SEC. 1012. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

    Section 18(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344(b)) is amended to read as follows:
    ``(b) Domestic Oil and Natural Gas Production Goal.---
            ``(1) In general.--In developing a 5-year oil and gas 
        leasing program, and subject to paragraph (2), the Secretary 
        shall determine a domestic strategic production goal for the 
        development of oil and natural gas as a result of that program. 
        Such goal shall be--
                    ``(A) the best estimate of the possible increase in 
                domestic production of oil and natural gas from the 
                outer Continental Shelf;
                    ``(B) focused on meeting domestic demand for oil 
                and natural gas and reducing the dependence of the 
                United States on foreign energy; and
                    ``(C) focused on the production increases achieved 
                by the leasing program at the end of the 15-year period 
                beginning on the effective date of the program.
            ``(2) Program goal.--For purposes of the 5-year oil and gas 
        leasing program, the production goal referred to in paragraph 
        (1) shall be an increase by 2032 of--
                    ``(A) no less than 3,000,000 barrels in the amount 
                of oil produced per day; and
                    ``(B) no less than 10,000,000,000 cubic feet in the 
                amount of natural gas produced per day.
            ``(3) Reporting.--The Secretary shall report annually, 
        beginning at the end of the 5-year period for which the program 
        applies, to the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate on the progress of the program in 
        meeting the production goal. The Secretary shall identify in 
        the report projections for production and any problems with 
        leasing, permitting, or production that will prevent meeting 
        the goal.''.

SEC. 1013. DEVELOPMENT AND SUBMITTAL OF NEW 5-YEAR OIL AND GAS LEASING 
              PROGRAM.

    (a) In General.--The Secretary of the Interior shall--
            (1) by not later than July 15, 2014, publish and submit to 
        Congress a new proposed oil and gas leasing program under 
        section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1344) for the 5-year period beginning on such date and ending 
        July 15, 2020; and
            (2) by not later than July 15, 2015, approve a final oil 
        and gas leasing program under such section for such period.
    (b) Consideration of All Areas.--In preparing such program the 
Secretary shall include consideration of areas of the Continental Shelf 
off the coasts of all States (as such term is defined in section 2 of 
that Act, as amended by this title), that are subject to leasing under 
this title.
    (c) Technical Correction.--Section 18(d)(3) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1344(d)(3)) is amended by 
striking ``or after eighteen months following the date of enactment of 
this section, whichever first occurs,''.

SEC. 1014. RULE OF CONSTRUCTION.

    Nothing in this title shall be construed to authorize the issuance 
of a lease under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.) to any person designated for the imposition of sanctions 
pursuant to--
            (1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), 
        the Comprehensive Iran Sanctions, Accountability and 
        Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran 
        Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 
        8701 et seq.), section 1245 of the National Defense 
        Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or 
        the Iran Freedom and Counter-Proliferation Act of 2012 (22 
        U.S.C. 8801 et seq.);
            (2) Executive Order No. 13622 (July 30, 2012), Executive 
        Order No. 13628 (October 9, 2012), or Executive Order No. 13645 
        (June 3, 2013);
            (3) Executive Order No. 13224 (September 23, 2001) or 
        Executive Order No. 13338 (May 11, 2004); or
            (4) the Syria Accountability and Lebanese Sovereignty 
        Restoration Act of 2003 (22 U.S.C. 2151 note).

    Subtitle B--Directing the President To Conduct New OCS Sales in 
                Virginia, South Carolina, and California

SEC. 1021. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 
              ON THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.

    (a) In General.--Notwithstanding the exclusion of Lease Sale 220 in 
the Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017, 
the Secretary of the Interior shall conduct offshore oil and gas Lease 
Sale 220 under section 8 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337) as soon as practicable, but not later than one year after 
the date of enactment of this Act.
    (b) Requirement To Make Replacement Lease Blocks Available.--For 
each lease block in a proposed lease sale under this section for which 
the Secretary of Defense, in consultation with the Secretary of the 
Interior, under the Memorandum of Agreement referred to in section 
1025(b), issues a statement proposing deferral from a lease offering 
due to defense-related activities that are irreconcilable with mineral 
exploration and development, the Secretary of the Interior, in 
consultation with the Secretary of Defense, shall make available in the 
same lease sale one other lease block in the Virginia lease sale 
planning area that is acceptable for oil and gas exploration and 
production in order to mitigate conflict.
    (c) Balancing Military and Energy Production Goals.--In recognition 
that the Outer Continental Shelf oil and gas leasing program and the 
domestic energy resources produced therefrom are integral to national 
security, the Secretary of the Interior and the Secretary of Defense 
shall work jointly in implementing this section in order to ensure 
achievement of the following common goals:
            (1) Preserving the ability of the Armed Forces of the 
        United States to maintain an optimum state of readiness through 
        their continued use of the Outer Continental Shelf.
            (2) Allowing effective exploration, development, and 
        production of our Nation's oil, gas, and renewable energy 
        resources.
    (d) Definitions.--In this section:
            (1) Lease sale 220.--The term ``Lease Sale 220'' means such 
        lease sale referred to in the Request for Comments on the Draft 
        Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas 
        Leasing Program for 2010-2015 and Notice of Intent To Prepare 
        an Environmental Impact Statement (EIS) for the Proposed 5-Year 
        Program published January 21, 2009 (74 Fed. Reg. 3631).
            (2) Virginia lease sale planning area.--The term ``Virginia 
        lease sale planning area'' means the area of the outer 
        Continental Shelf (as that term is defined in the Outer 
        Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that is 
        bounded by--
                    (A) a northern boundary consisting of a straight 
                line extending from the northernmost point of 
                Virginia's seaward boundary to the point on the seaward 
                boundary of the United States exclusive economic zone 
                located at 37 degrees 17 minutes 1 second North 
                latitude, 71 degrees 5 minutes 16 seconds West 
                longitude; and
                    (B) a southern boundary consisting of a straight 
                line extending from the southernmost point of 
                Virginia's seaward boundary to the point on the seaward 
                boundary of the United States exclusive economic zone 
                located at 36 degrees 31 minutes 58 seconds North 
                latitude, 71 degrees 30 minutes 1 second West 
                longitude.

SEC. 1022. SOUTH CAROLINA LEASE SALE.

    Notwithstanding inclusion of the South Atlantic Outer Continental 
Shelf Planning Area in the Final Outer Continental Shelf Oil & Gas 
Leasing Program 2012-2017, the Secretary of the Interior shall conduct 
a lease sale not later than 2 years after the date of the enactment of 
this Act for areas off the coast of South Carolina determined by the 
Secretary to have the most geologically promising hydrocarbon resources 
and constituting not less than 25 percent of the leasable area within 
the South Carolina offshore administrative boundaries depicted in the 
notice entitled ``Federal Outer Continental Shelf (OCS) Administrative 
Boundaries Extending from the Submerged Lands Act Boundary seaward to 
the Limit of the United States Outer Continental Shelf'', published 
January 3, 2006 (71 Fed. Reg. 127).

SEC. 1023. SOUTHERN CALIFORNIA EXISTING INFRASTRUCTURE LEASE SALE.

    (a) In General.--The Secretary of the Interior shall offer for sale 
leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of 
the Southern California OCS Planning Area as soon as practicable, but 
not later than December 31, 2014.
    (b) Use of Existing Structures or Onshore-Based Drilling.--The 
Secretary of the Interior shall include in leases offered for sale 
under this lease sale such terms and conditions as are necessary to 
require that development and production may occur only from offshore 
infrastructure in existence on the date of the enactment of this Act or 
from onshore-based, extended-reach drilling.

SEC. 1024. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.

    (a) In General.--For the purposes of this title, the Secretary of 
the Interior shall prepare a multisale environmental impact statement 
under section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) for all lease sales required under this subtitle.
    (b) Actions To Be Considered.--Notwithstanding section 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332), in such 
statement--
            (1) the Secretary is not required to identify nonleasing 
        alternative courses of action or to analyze the environmental 
        effects of such alternative courses of action; and
            (2) the Secretary shall only--
                    (A) identify a preferred action for leasing and not 
                more than one alternative leasing proposal; and
                    (B) analyze the environmental effects and potential 
                mitigation measures for such preferred action and such 
                alternative leasing proposal.

SEC. 1025. NATIONAL DEFENSE.

    (a) National Defense Areas.--This title does not affect the 
existing authority of the Secretary of Defense, with the approval of 
the President, to designate national defense areas on the Outer 
Continental Shelf pursuant to section 12(d) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1341(d)).
    (b) Prohibition on Conflicts With Military Operations.--No person 
may engage in any exploration, development, or production of oil or 
natural gas on the Outer Continental Shelf under a lease issued under 
this title that would conflict with any military operation, as 
determined in accordance with the Memorandum of Agreement between the 
Department of Defense and the Department of the Interior on Mutual 
Concerns on the Outer Continental Shelf signed July 20, 1983, and any 
revision or replacement for that agreement that is agreed to by the 
Secretary of Defense and the Secretary of the Interior after that date 
but before the date of issuance of the lease under which such 
exploration, development, or production is conducted.

SEC. 1026. OPENING THE EASTERN GULF OF MEXICO FOR EXPLORATION.

    (a) Repeal.--Section 104 of the Gulf of Mexico Energy Security Act 
of 2006 (title I of division C of Public Law 109-432; 43 U.S.C. 1331 
note) is repealed.
    (b) Exchanges Not Affected.--Subsection (a) of this section shall 
not affect any exchange made before the date of the enactment of this 
Act.

   Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues

SEC. 1031. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO COASTAL 
              STATES.

    (a) In General.--Section 9 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1338) is amended--
            (1) in the existing text--
                    (A) in the first sentence, by striking ``All 
                rentals,'' and inserting the following:
    ``(c) Disposition of Revenue Under Old Leases.--All rentals,''; and
                    (B) in subsection (c) (as designated by the 
                amendment made by subparagraph (A) of this paragraph), 
                by striking ``for the period from June 5, 1950, to 
                date, and thereafter'' and inserting ``in the period 
                beginning June 5, 1950, and ending on the date of 
                enactment of the Offshore Energy and Jobs Act'';
            (2) by adding after subsection (c) (as so designated) the 
        following:
    ``(d)  Definitions.--In this section:
            ``(1) Coastal state.--The term `coastal State' includes a 
        territory of the United States.
            ``(2) New leasing revenues.--The term `new leasing 
        revenues'--
                    ``(A) means amounts received by the United States 
                as bonuses, rents, and royalties under leases for oil 
                and gas, wind, tidal, or other energy exploration, 
                development, and production on new areas of the outer 
                Continental Shelf that are authorized to be made 
                available for leasing as a result of enactment of the 
                Offshore Energy and Jobs Act and leasing under that 
                Act; and
                    ``(B) does not include amounts received by the 
                United States under any lease of an area located in the 
                boundaries of the Central Gulf of Mexico and Western 
                Gulf of Mexico Outer Continental Shelf Planning Areas 
                on the date of enactment of the Offshore Energy and 
                Jobs Act, including a lease issued before, on, or after 
                such date of enactment.''; and
            (3) by inserting before subsection (c) (as so designated) 
        the following:
    ``(a) Payment of New Leasing Revenues to Coastal States.--
            ``(1) In general.--Except as provided in paragraph (2), of 
        the amount of new leasing revenues received by the United 
        States each fiscal year, 37.5 percent shall be allocated and 
        paid in accordance with subsection (b) to coastal States that 
        are affected States with respect to the leases under which 
        those revenues are received by the United States.
            ``(2) Phase-in.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), paragraph (1) shall be applied--
                            ``(i) with respect to new leasing revenues 
                        under leases awarded under the first leasing 
                        program under section 18(a) that takes effect 
                        after the date of enactment of the Offshore 
                        Energy and Jobs Act, by substituting `12.5 
                        percent' for `37.5 percent'; and
                            ``(ii) with respect to new leasing revenues 
                        under leases awarded under the second leasing 
                        program under section 18(a) that takes effect 
                        after the date of enactment of the Offshore 
                        Energy and Jobs Act, by substituting `25 
                        percent' for `37.5 percent'.
                    ``(B) Exempted lease sales.--This paragraph shall 
                not apply with respect to any lease issued under title 
                II of the Offshore Energy and Jobs Act.
    ``(b) Allocation of Payments.--
            ``(1) In general.--The amount of new leasing revenues 
        received by the United States with respect to a leased tract 
        that are required to be paid to coastal States in accordance 
        with this subsection each fiscal year shall be allocated among 
        and paid to coastal States that are within 200 miles of the 
        leased tract, in amounts that are inversely proportional to the 
        respective distances between the point on the coastline of each 
        such State that is closest to the geographic center of the 
        lease tract, as determined by the Secretary.
            ``(2) Minimum and maximum allocation.--The amount allocated 
        to a coastal State under paragraph (1) each fiscal year with 
        respect to a leased tract shall be--
                    ``(A) in the case of a coastal State that is the 
                nearest State to the geographic center of the leased 
                tract, not less than 25 percent of the total amounts 
                allocated with respect to the leased tract;
                    ``(B) in the case of any other coastal State, not 
                less than 10 percent, and not more than 15 percent, of 
                the total amounts allocated with respect to the leased 
                tract; and
                    ``(C) in the case of a coastal State that is the 
                only coastal State within 200 miles of a leased tract, 
                100 percent of the total amounts allocated with respect 
                to the leased tract.
            ``(3) Administration.--Amounts allocated to a coastal State 
        under this subsection--
                    ``(A) shall be available to the coastal State 
                without further appropriation;
                    ``(B) shall remain available until expended;
                    ``(C) shall be in addition to any other amounts 
                available to the coastal State under this Act; and
                    ``(D) shall be distributed in the fiscal year 
                following receipt.
            ``(4) Use of funds.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a coastal State may use funds 
                allocated and paid to it under this subsection for any 
                purpose as determined by the laws of that State.
                    ``(B) Restriction on use for matching.--Funds 
                allocated and paid to a coastal State under this 
                subsection may not be used as matching funds for any 
                other Federal program.''.
    (b) Limitation on Application.--This section and the amendment made 
by this section shall not affect the application of section 105 of the 
Gulf of Mexico Energy Security Act of 2006 (title I of division C of 
Public Law 109-432; (43 U.S.C. 1331 note)), as in effect before the 
enactment of this Act, with respect to revenues received by the United 
States under oil and gas leases issued for tracts located in the 
Western and Central Gulf of Mexico Outer Continental Shelf Planning 
Areas, including such leases issued on or after the date of the 
enactment of this Act.

   Subtitle D--Reorganization of Minerals Management Agencies of the 
                       Department of the Interior

SEC. 1041. ESTABLISHMENT OF UNDER SECRETARY FOR ENERGY, LANDS, AND 
              MINERALS AND ASSISTANT SECRETARY OF OCEAN ENERGY AND 
              SAFETY.

    There shall be in the Department of the Interior--
            (1) an Under Secretary for Energy, Lands, and Minerals, who 
        shall--
                    (A) be appointed by the President, by and with the 
                advise and consent of the Senate;
                    (B) report to the Secretary of the Interior or, if 
                directed by the Secretary, to the Deputy Secretary of 
                the Interior;
                    (C) be paid at the rate payable for level III of 
                the Executive Schedule; and
                    (D) be responsible for--
                            (i) the safe and responsible development of 
                        our energy and mineral resources on Federal 
                        lands in appropriate accordance with United 
                        States energy demands; and
                            (ii) ensuring multiple-use missions of the 
                        Department of the Interior that promote the 
                        safe and sustained development of energy and 
                        minerals resources on public lands (as that 
                        term is defined in the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 et 
                        seq.));
            (2) an Assistant Secretary of Ocean Energy and Safety, who 
        shall--
                    (A) be appointed by the President, by and with the 
                advise and consent of the Senate;
                    (B) report to the Under Secretary for Energy, 
                Lands, and Minerals;
                    (C) be paid at the rate payable for level IV of the 
                Executive Schedule; and
                    (D) be responsible for ensuring safe and efficient 
                development of energy and minerals on the Outer 
                Continental Shelf of the United States; and
            (3) an Assistant Secretary of Land and Minerals Management, 
        who shall--
                    (A) be appointed by the President, by and with the 
                advise and consent of the Senate;
                    (B) report to the Under Secretary for Energy, 
                Lands, and Minerals;
                    (C) be paid at the rate payable for level IV of the 
                Executive Schedule; and
                    (D) be responsible for ensuring safe and efficient 
                development of energy and minerals on public lands and 
                other Federal onshore lands under the jurisdiction of 
                the Department of the Interior, including 
                implementation of the Mineral Leasing Act (30 U.S.C. 
                181 et seq.) and the Surface Mining Control and 
                Reclamation Act (30 U.S.C. 1201 et seq.) and 
                administration of the Office of Surface Mining.

SEC. 1042. BUREAU OF OCEAN ENERGY.

    (a) Establishment.--There is established in the Department of the 
Interior a Bureau of Ocean Energy (referred to in this section as the 
``Bureau''), which shall--
            (1) be headed by a Director of Ocean Energy (referred to in 
        this section as the ``Director''); and
            (2) be administered under the direction of the Assistant 
        Secretary of Ocean Energy and Safety.
    (b) Director.--
            (1) Appointment.--The Director shall be appointed by the 
        Secretary of the Interior.
            (2) Compensation.--The Director shall be compensated at the 
        rate provided for level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
    (c) Duties.--
            (1) In general.--The Secretary of the Interior shall carry 
        out through the Bureau all functions, powers, and duties vested 
        in the Secretary relating to the administration of a 
        comprehensive program of offshore mineral and renewable energy 
        resources management.
            (2) Specific authorities.--The Director shall promulgate 
        and implement regulations--
                    (A) for the proper issuance of leases for the 
                exploration, development, and production of 
                nonrenewable and renewable energy and mineral resources 
                on the Outer Continental Shelf;
                    (B) relating to resource identification, access, 
                evaluation, and utilization;
                    (C) for development of leasing plans, lease sales, 
                and issuance of leases for such resources; and
                    (D) regarding issuance of environmental impact 
                statements related to leasing and post leasing 
                activities including exploration, development, and 
                production, and the use of third party contracting for 
                necessary environmental analysis for the development of 
                such resources.
            (3) Limitation.--The Secretary shall not carry out through 
        the Bureau any function, power, or duty that is--
                    (A) required by section 1043 to be carried out 
                through the Ocean Energy Safety Service; or
                    (B) required by section 1044 to be carried out 
                through the Office of Natural Resources Revenue.
    (d) Responsibilities of Land Management Agencies.--Nothing in this 
section shall affect the authorities of the Bureau of Land Management 
under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) or of the Forest Service under the National Forest 
Management Act of 1976 (Public Law 94-588).

SEC. 1043. OCEAN ENERGY SAFETY SERVICE.

    (a) Establishment.--There is established in the Department of the 
Interior an Ocean Energy Safety Service (referred to in this section as 
the ``Service''), which shall--
            (1) be headed by a Director of Energy Safety (referred to 
        in this section as the ``Director''); and
            (2) be administered under the direction of the Assistant 
        Secretary of Ocean Energy and Safety.
    (b) Director.--
            (1) Appointment.--The Director shall be appointed by the 
        Secretary of the Interior.
            (2) Compensation.--The Director shall be compensated at the 
        rate provided for level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
    (c) Duties.--
            (1) In general.--The Secretary of the Interior shall carry 
        out through the Service all functions, powers, and duties 
        vested in the Secretary relating to the administration of 
        safety and environmental enforcement activities related to 
        offshore mineral and renewable energy resources on the Outer 
        Continental Shelf pursuant to the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1331 et seq.) including the authority to 
        develop, promulgate, and enforce regulations to ensure the safe 
        and sound exploration, development, and production of mineral 
        and renewable energy resources on the Outer Continental Shelf 
        in a timely fashion.
            (2) Specific authorities.--The Director shall be 
        responsible for all safety activities related to exploration 
        and development of renewable and mineral resources on the Outer 
        Continental Shelf, including--
                    (A) exploration, development, production, and 
                ongoing inspections of infrastructure;
                    (B) the suspending or prohibiting, on a temporary 
                basis, any operation or activity, including production 
                under leases held on the Outer Continental Shelf, in 
                accordance with section 5(a)(1) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1334(a)(1));
                    (C) cancelling any lease, permit, or right-of-way 
                on the Outer Continental Shelf, in accordance with 
                section 5(a)(2) of the Outer Continental Shelf Lands 
                Act (43 U.S.C. 1334(a)(2));
                    (D) compelling compliance with applicable Federal 
                laws and regulations relating to worker safety and 
                other matters;
                    (E) requiring comprehensive safety and 
                environmental management programs for persons engaged 
                in activities connected with the exploration, 
                development, and production of mineral or renewable 
                energy resources;
                    (F) developing and implementing regulations for 
                Federal employees to carry out any inspection or 
                investigation to ascertain compliance with applicable 
                regulations, including health, safety, or environmental 
                regulations;
                    (G) implementing the Offshore Technology Research 
                and Risk Assessment Program under section 21 of the 
                Outer Continental Shelf Lands Act (43 U.S.C. 1347);
                    (H) summoning witnesses and directing the 
                production of evidence;
                    (I) levying fines and penalties and disqualifying 
                operators;
                    (J) carrying out any safety, response, and removal 
                preparedness functions; and
                    (K) the processing of permits, exploration plans, 
                development plans.
    (d) Employees.--
            (1) In general.--The Secretary shall ensure that the 
        inspection force of the Bureau consists of qualified, trained 
        employees who meet qualification requirements and adhere to the 
        highest professional and ethical standards.
            (2) Qualifications.--The qualification requirements 
        referred to in paragraph (1)--
                    (A) shall be determined by the Secretary, subject 
                to subparagraph (B); and
                    (B) shall include--
                            (i) three years of practical experience in 
                        oil and gas exploration, development, or 
                        production; or
                            (ii) a degree in an appropriate field of 
                        engineering from an accredited institution of 
                        higher learning.
            (3) Assignment.--In assigning oil and gas inspectors to the 
        inspection and investigation of individual operations, the 
        Secretary shall give due consideration to the extent possible 
        to their previous experience in the particular type of oil and 
        gas operation in which such inspections are to be made.
            (4) Background checks.--The Director shall require that an 
        individual to be hired as an inspection officer undergo an 
        employment investigation (including a criminal history record 
        check).
            (5) Language requirements.--Individuals hired as inspectors 
        must be able to read, speak, and write English well enough to--
                    (A) carry out written and oral instructions 
                regarding the proper performance of inspection duties; 
                and
                    (B) write inspection reports and statements and log 
                entries in the English language.
            (6) Veterans preference.--The Director shall provide a 
        preference for the hiring of an individual as a inspection 
        officer if the individual is a member or former member of the 
        Armed Forces and is entitled, under statute, to retired, 
        retirement, or retainer pay on account of service as a member 
        of the Armed Forces.
            (7) Annual proficiency review.--
                    (A) Annual proficiency review.--The Director shall 
                provide that an annual evaluation of each individual 
                assigned inspection duties is conducted and documented.
                    (B) Continuation of employment.--An individual 
                employed as an inspector may not continue to be 
                employed in that capacity unless the evaluation 
                demonstrates that the individual--
                            (i) continues to meet all qualifications 
                        and standards;
                            (ii) has a satisfactory record of 
                        performance and attention to duty based on the 
                        standards and requirements in the inspection 
                        program; and
                            (iii) demonstrates the current knowledge 
                        and skills necessary to courteously, 
                        vigilantly, and effectively perform inspection 
                        functions.
            (8) Limitation on right to strike.--Any individual that 
        conducts permitting or inspections under this section may not 
        participate in a strike, or assert the right to strike.
            (9) Personnel authority.--Notwithstanding any other 
        provision of law, the Director may employ, appoint, discipline 
        and terminate for cause, and fix the compensation, terms, and 
        conditions of employment of Federal service for individuals as 
        the employees of the Service in order to restore and maintain 
        the trust of the people of the United States in the 
        accountability of the management of our Nation's energy safety 
        program.
            (10) Training academy.--
                    (A) In general.--The Secretary shall establish and 
                maintain a National Offshore Energy Safety Academy 
                (referred to in this paragraph as the ``Academy'') as 
                an agency of the Ocean Energy Safety Service.
                    (B) Functions of academy.--The Secretary, through 
                the Academy, shall be responsible for--
                            (i) the initial and continued training of 
                        both newly hired and experienced offshore oil 
                        and gas inspectors in all aspects of health, 
                        safety, environmental, and operational 
                        inspections;
                            (ii) the training of technical support 
                        personnel of the Bureau;
                            (iii) any other training programs for 
                        offshore oil and gas inspectors, Bureau 
                        personnel, Department personnel, or other 
                        persons as the Secretary shall designate; and
                            (iv) certification of the successful 
                        completion of training programs for newly hired 
                        and experienced offshore oil and gas 
                        inspectors.
                    (C) Cooperative agreements.--
                            (i) In general.--In performing functions 
                        under this paragraph, and subject to clause 
                        (ii), the Secretary may enter into cooperative 
                        educational and training agreements with 
                        educational institutions, related Federal 
                        academies, other Federal agencies, State 
                        governments, safety training firms, and oil and 
                        gas operators and related industries.
                            (ii) Training requirement.--Such training 
                        shall be conducted by the Academy in accordance 
                        with curriculum needs and assignment of 
                        instructional personnel established by the 
                        Secretary.
            (11) Use of department personnel.--In performing functions 
        under this subsection, the Secretary shall use, to the extent 
        practicable, the facilities and personnel of the Department of 
        the Interior. The Secretary may appoint or assign to the 
        Academy such officers and employees as the Secretary considers 
        necessary for the performance of the duties and functions of 
        the Academy.
            (12) Additional training programs.--
                    (A) In general.--The Secretary shall work with 
                appropriate educational institutions, operators, and 
                representatives of oil and gas workers to develop and 
                maintain adequate programs with educational 
                institutions and oil and gas operators that are 
                designed--
                            (i) to enable persons to qualify for 
                        positions in the administration of this title; 
                        and
                            (ii) to provide for the continuing 
                        education of inspectors or other appropriate 
                        Department of the Interior personnel.
                    (B) Financial and technical assistance.--The 
                Secretary may provide financial and technical 
                assistance to educational institutions in carrying out 
                this paragraph.
    (e) Limitation.--The Secretary shall not carry out through the 
Service any function, power, or duty that is--
            (1) required by section 1042 to be carried out through 
        Bureau of Ocean Energy; or
            (2) required by section 1044 to be carried out through the 
        Office of Natural Resources Revenue.

SEC. 1044. OFFICE OF NATURAL RESOURCES REVENUE.

    (a) Establishment.--There is established in the Department of the 
Interior an Office of Natural Resources Revenue (referred to in this 
section as the ``Office'') to be headed by a Director of Natural 
Resources Revenue (referred to in this section as the ``Director'').
    (b) Appointment and Compensation.--
            (1) In general.--The Director shall be appointed by the 
        Secretary of the Interior.
            (2) Compensation.--The Director shall be compensated at the 
        rate provided for Level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
    (c) Duties.--
            (1) In general.--The Secretary of the Interior shall carry 
        out, through the Office, all functions, powers, and duties 
        vested in the Secretary and relating to the administration of 
        offshore royalty and revenue management functions.
            (2) Specific authorities.--The Secretary shall carry out, 
        through the Office, all functions, powers, and duties 
        previously assigned to the Minerals Management Service 
        (including the authority to develop, promulgate, and enforce 
        regulations) regarding offshore royalty and revenue collection; 
        royalty and revenue distribution; auditing and compliance; 
        investigation and enforcement of royalty and revenue 
        regulations; and asset management for onshore and offshore 
        activities.
    (d) Limitation.--The Secretary shall not carry out through the 
Office any function, power, or duty that is--
            (1) required by section 1042 to be carried out through 
        Bureau of Ocean Energy; or
            (2) required by section 1043 to be carried out through the 
        Ocean Energy Safety Service.

SEC. 1045. ETHICS AND DRUG TESTING.

    (a) Certification.--The Secretary of the Interior shall certify 
annually that all Department of the Interior officers and employees 
having regular, direct contact with lessees, contractors, 
concessionaires, and other businesses interested before the Government 
as a function of their official duties, or conducting investigations, 
issuing permits, or responsible for oversight of energy programs, are 
in full compliance with all Federal employee ethics laws and 
regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.) 
and part 2635 of title 5, Code of Federal Regulations, and all guidance 
issued under subsection (c).
    (b) Drug Testing.--The Secretary shall conduct a random drug 
testing program of all Department of the Interior personnel referred to 
in subsection (a).
    (c) Guidance.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall issue supplementary ethics and drug 
testing guidance for the employees for which certification is required 
under subsection (a). The Secretary shall update the supplementary 
ethics guidance not less than once every 3 years thereafter.

SEC. 1046. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE.

    (a) Abolishment.--The Minerals Management Service is abolished.
    (b) Completed Administrative Actions.--
            (1) In general.--Completed administrative actions of the 
        Minerals Management Service shall not be affected by the 
        enactment of this Act, but shall continue in effect according 
        to their terms until amended, modified, superseded, terminated, 
        set aside, or revoked in accordance with law by an officer of 
        the United States or a court of competent jurisdiction, or by 
        operation of law.
            (2) Completed administrative action defined.--For purposes 
        of paragraph (1), the term ``completed administrative action'' 
        includes orders, determinations, memoranda of understanding, 
        memoranda of agreements, rules, regulations, personnel actions, 
        permits, agreements, grants, contracts, certificates, licenses, 
        registrations, and privileges.
    (c) Pending Proceedings.--Subject to the authority of the Secretary 
of the Interior and the officers of the Department of the Interior 
under this title--
            (1) pending proceedings in the Minerals Management Service, 
        including notices of proposed rulemaking, and applications for 
        licenses, permits, certificates, grants, and financial 
        assistance, shall continue, notwithstanding the enactment of 
        this title or the vesting of functions of the Service in 
        another agency, unless discontinued or modified under the same 
        terms and conditions and to the same extent that such 
        discontinuance or modification could have occurred if this 
        title had not been enacted; and
            (2) orders issued in such proceedings, and appeals 
        therefrom, and payments made pursuant to such orders, shall 
        issue in the same manner and on the same terms as if this title 
        had not been enacted, and any such orders shall continue in 
        effect until amended, modified, superseded, terminated, set 
        aside, or revoked by an officer of the United States or a court 
        of competent jurisdiction, or by operation of law.
    (d) Pending Civil Actions.--Subject to the authority of the 
Secretary of the Interior or any officer of the Department of the 
Interior under this title, pending civil actions shall continue 
notwithstanding the enactment of this Act, and in such civil actions, 
proceedings shall be had, appeals taken, and judgments rendered and 
enforced in the same manner and with the same effect as if such 
enactment had not occurred.
    (e) References.--References relating to the Minerals Management 
Service in statutes, Executive orders, rules, regulations, directives, 
or delegations of authority that precede the effective date of this 
title are deemed to refer, as appropriate, to the Department, to its 
officers, employees, or agents, or to its corresponding organizational 
units or functions. Statutory reporting requirements that applied in 
relation to the Minerals Management Service immediately before the 
effective date of this title shall continue to apply.

SEC. 1047. CONFORMING AMENDMENTS TO EXECUTIVE SCHEDULE PAY RATES.

    (a) Under Secretary for Energy, Lands, and Minerals.--Section 5314 
of title 5, United States Code, is amended by inserting after the item 
relating to ``Under Secretaries of the Treasury (3).'' the following:
            ``Under Secretary for Energy, Lands, and Minerals, 
        Department of the Interior.''.
    (b) Assistant Secretaries.--Section 5315 of title 5, United States 
Code, is amended by striking ``Assistant Secretaries of the Interior 
(6).'' and inserting the following:
            ``Assistant Secretaries, Department of the Interior (7).''.
    (c) Directors.--Section 5316 of title 5, United States Code, is 
amended by striking ``Director, Bureau of Mines, Department of the 
Interior.'' and inserting the following new items:
            ``Director, Bureau of Ocean Energy, Department of the 
        Interior.
            ``Director, Ocean Energy Safety Service, Department of the 
        Interior.
            ``Director, Office of Natural Resources Revenue, Department 
        of the Interior.''.

SEC. 1048. OUTER CONTINENTAL SHELF ENERGY SAFETY ADVISORY BOARD.

    (a) Establishment.--The Secretary of the Interior shall establish, 
under the Federal Advisory Committee Act, an Outer Continental Shelf 
Energy Safety Advisory Board (referred to in this section as the 
``Board'')--
            (1) to provide the Secretary and the Directors established 
        by this title with independent scientific and technical advice 
        on safe, responsible, and timely mineral and renewable energy 
        exploration, development, and production activities; and
            (2) to review operations of the National Offshore Energy 
        Health and Safety Academy established under section 1043(d), 
        including submitting to the Secretary recommendations of 
        curriculum to ensure training scientific and technical 
        advancements.
    (b) Membership.--
            (1) Size.--The Board shall consist of not more than 11 
        members, who--
                    (A) shall be appointed by the Secretary based on 
                their expertise in oil and gas drilling, well design, 
                operations, well containment and oil spill response; 
                and
                    (B) must have significant scientific, engineering, 
                management, and other credentials and a history of 
                working in the field related to safe energy 
                exploration, development, and production activities.
            (2) Consultation and nominations.--The Secretary shall 
        consult with the National Academy of Sciences and the National 
        Academy of Engineering to identify potential candidates for the 
        Board and shall take nominations from the public.
            (3) Term.--The Secretary shall appoint Board members to 
        staggered terms of not more than 4 years, and shall not appoint 
        a member for more than 2 consecutive terms.
            (4) Balance.--In appointing members to the Board, the 
        Secretary shall ensure a balanced representation of industry 
        and research interests.
    (c) Chair.--The Secretary shall appoint the Chair for the Board 
from among its members.
    (d) Meetings.--The Board shall meet not less than 3 times per year 
and shall host, at least once per year, a public forum to review and 
assess the overall energy safety performance of Outer Continental Shelf 
mineral and renewable energy resource activities.
    (e) Offshore Drilling Safety Assessments and Recommendations.--As 
part of its duties under this section, the Board shall, by not later 
than 180 days after the date of enactment of this section and every 5 
years thereafter, submit to the Secretary a report that--
            (1) assesses offshore oil and gas well control 
        technologies, practices, voluntary standards, and regulations 
        in the United States and elsewhere; and
            (2) as appropriate, recommends modifications to the 
        regulations issued under this title to ensure adequate 
        protection of safety and the environment, including 
        recommendations on how to reduce regulations and administrative 
        actions that are duplicative or unnecessary.
    (f) Reports.--Reports of the Board shall be submitted by the Board 
to the Committee on Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate and 
made available to the public in electronically accessible form.
    (g) Travel Expenses.--Members of the Board, other than full-time 
employees of the Federal Government, while attending meeting of the 
Board or while otherwise serving at the request of the Secretary or the 
Director while serving away from their homes or regular places of 
business, may be allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5, United States 
Code, for individuals in the Government serving without pay.

SEC. 1049. OUTER CONTINENTAL SHELF INSPECTION FEES.

    Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1348) is amended by adding at the end of the section the following:
    ``(g) Inspection Fees.--
            ``(1) Establishment.--The Secretary of the Interior shall 
        collect from the operators of facilities subject to inspection 
        under subsection (c) non-refundable fees for such inspections--
                    ``(A) at an aggregate level equal to the amount 
                necessary to offset the annual expenses of inspections 
                of outer Continental Shelf facilities (including mobile 
                offshore drilling units) by the Department of the 
                Interior; and
                    ``(B) using a schedule that reflects the 
                differences in complexity among the classes of 
                facilities to be inspected.
            ``(2) Ocean energy safety fund.--There is established in 
        the Treasury a fund, to be known as the `Ocean Energy 
        Enforcement Fund' (referred to in this subsection as the 
        `Fund'), into which shall be deposited all amounts collected as 
        fees under paragraph (1) and which shall be available as 
        provided under paragraph (3).
            ``(3) Availability of fees.--
                    ``(A) In general.--Notwithstanding section 3302 of 
                title 31, United States Code, all amounts deposited in 
                the Fund--
                            ``(i) shall be credited as offsetting 
                        collections;
                            ``(ii) shall be available for expenditure 
                        for purposes of carrying out inspections of 
                        outer Continental Shelf facilities (including 
                        mobile offshore drilling units) and the 
                        administration of the inspection program under 
                        this section;
                            ``(iii) shall be available only to the 
                        extent provided for in advance in an 
                        appropriations Act; and
                            ``(iv) shall remain available until 
                        expended.
                    ``(B) Use for field offices.--Not less than 75 
                percent of amounts in the Fund may be appropriated for 
                use only for the respective Department of the Interior 
                field offices where the amounts were originally 
                assessed as fees.
            ``(4) Initial fees.--Fees shall be established under this 
        subsection for the fiscal year in which this subsection takes 
        effect and the subsequent 10 years, and shall not be raised 
        without advise and consent of the Congress, except as 
        determined by the Secretary to be appropriate as an adjustment 
        equal to the percentage by which the Consumer Price Index for 
        the month of June of the calendar year preceding the adjustment 
        exceeds the Consumer Price Index for the month of June of the 
        calendar year in which the claim was determined or last 
        adjusted.
            ``(5) Annual fees.--Annual fees shall be collected under 
        this subsection for facilities that are above the waterline, 
        excluding drilling rigs, and are in place at the start of the 
        fiscal year. Fees for fiscal year 2014 shall be--
                    ``(A) $10,500 for facilities with no wells, but 
                with processing equipment or gathering lines;
                    ``(B) $17,000 for facilities with 1 to 10 wells, 
                with any combination of active or inactive wells; and
                    ``(C) $31,500 for facilities with more than 10 
                wells, with any combination of active or inactive 
                wells.
            ``(6) Fees for drilling rigs.--Fees for drilling rigs shall 
        be assessed under this subsection for all inspections completed 
        in fiscal years 2015 through 2024. Fees for fiscal year 2015 
        shall be--
                    ``(A) $30,500 per inspection for rigs operating in 
                water depths of 1,000 feet or more; and
                    ``(B) $16,700 per inspection for rigs operating in 
                water depths of less than 1,000 feet.
            ``(7) Billing.--The Secretary shall bill designated 
        operators under paragraph (5) within 60 days after the date of 
        the inspection, with payment required within 30 days of 
        billing. The Secretary shall bill designated operators under 
        paragraph (6) within 30 days of the end of the month in which 
        the inspection occurred, with payment required within 30 days 
        after billing.
            ``(8) Sunset.--No fee may be collected under this 
        subsection for any fiscal year after fiscal year 2024.
            ``(9) Annual reports.--
                    ``(A) In general.--Not later than 60 days after the 
                end of each fiscal year beginning with fiscal year 
                2014, the Secretary shall submit to the Committee on 
                Energy and Natural Resources of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives a report on the operation of the Fund 
                during the fiscal year.
                    ``(B) Contents.--Each report shall include, for the 
                fiscal year covered by the report, the following:
                            ``(i) A statement of the amounts deposited 
                        into the Fund.
                            ``(ii) A description of the expenditures 
                        made from the Fund for the fiscal year, 
                        including the purpose of the expenditures and 
                        the additional hiring of personnel.
                            ``(iii) A statement of the balance 
                        remaining in the Fund at the end of the fiscal 
                        year.
                            ``(iv) An accounting of pace of permit 
                        approvals.
                            ``(v) If fee increases are proposed after 
                        the initial 10-year period referred to in 
                        paragraph (5), a proper accounting of the 
                        potential adverse economic impacts such fee 
                        increases will have on offshore economic 
                        activity and overall production, conducted by 
                        the Secretary.
                            ``(vi) Recommendations to increase the 
                        efficacy and efficiency of offshore 
                        inspections.
                            ``(vii) Any corrective actions levied upon 
                        offshore inspectors as a result of any form of 
                        misconduct.''.

SEC. 1050. PROHIBITION ON ACTION BASED ON NATIONAL OCEAN POLICY 
              DEVELOPED UNDER EXECUTIVE ORDER NO. 13547.

    (a) Prohibition.--The Bureau of Ocean Energy and the Ocean Energy 
Safety Service may not develop, propose, finalize, administer, or 
implement, any limitation on activities under their jurisdiction as a 
result of the coastal and marine spatial planning component of the 
National Ocean Policy developed under Executive Order No. 13547.
    (b) Report on Expenditures.--Not later than 60 days after the date 
of enactment of this Act, the President shall submit a report to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate identifying all 
Federal expenditures in fiscal years 2012, 2013, and 2014, by the 
Bureau of Ocean Energy and the Ocean Energy Safety Service and their 
predecessor agencies, by agency, account, and any pertinent 
subaccounts, for the development, administration, or implementation of 
the coastal and marine spatial planning component of the National Ocean 
Policy developed under Executive Order No. 13547, including staff time, 
travel, and other related expenses.

                 Subtitle E--United States Territories

SEC. 1061. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH 
              RESPECT TO TERRITORIES OF THE UNITED STATES.

    Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) 
is amended--
            (1) in paragraph (a), by inserting after ``control'' the 
        following: ``or lying within the United States exclusive 
        economic zone and the Continental Shelf adjacent to any 
        territory of the United States'';
            (2) in paragraph (p), by striking ``and'' after the 
        semicolon at the end;
            (3) in paragraph (q), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
    ``(r) The term `State' includes each territory of the United 
States.''.

                      Subtitle F--Judicial Review

SEC. 1071. TIME FOR FILING COMPLAINT.

    (a) In General.--Any cause of action that arises from a covered 
energy decision must be filed not later than the end of the 60-day 
period beginning on the date of the covered energy decision. Any cause 
of action not filed within this time period shall be barred.
    (b) Exception.--Subsection (a) shall not apply to a cause of action 
brought by a party to a covered energy lease.

SEC. 1072. DISTRICT COURT DEADLINE.

    (a) In General.--All proceedings that are subject to section 1071--
            (1) shall be brought in the United States district court 
        for the district in which the Federal property for which a 
        covered energy lease is issued is located or the United States 
        District Court of the District of Columbia;
            (2) shall be resolved as expeditiously as possible, and in 
        any event not more than 170 days after such cause or claim is 
        filed; and
            (3) shall take precedence over all other pending matters 
        before the district court.
    (b) Failure To Comply With Deadline.--If an interlocutory or final 
judgment, decree, or order has not been issued by the district court by 
the deadline described under this section, the cause or claim shall be 
dismissed with prejudice and all rights relating to such cause or claim 
shall be terminated.

SEC. 1073. ABILITY TO SEEK APPELLATE REVIEW.

    An interlocutory or final judgment, decree, or order of the 
district court in a proceeding that is subject to section 1071 may be 
reviewed by the United States Court of Appeals for the District of 
Columbia Circuit. The District of Columbia Circuit shall resolve any 
such appeal as expeditiously as possible and, in any event, not more 
than 180 days after such interlocutory or final judgment, decree, or 
order of the district court was issued.

SEC. 1074. LIMITATION ON SCOPE OF REVIEW AND RELIEF.

    (a) Administrative Findings and Conclusions.--In any judicial 
review of any Federal action under this subtitle, any administrative 
findings and conclusions relating to the challenged Federal action 
shall be presumed to be correct unless shown otherwise by clear and 
convincing evidence contained in the administrative record.
    (b) Limitation on Prospective Relief.--In any judicial review of 
any action, or failure to act, under this subtitle, the Court shall not 
grant or approve any prospective relief unless the Court finds that 
such relief is narrowly drawn, extends no further than necessary to 
correct the violation of a Federal law requirement, and is the least 
intrusive means necessary to correct the violation concerned.

SEC. 1075. LEGAL FEES.

    Any person filing a petition seeking judicial review of any action, 
or failure to act, under this subtitle who is not a prevailing party 
shall pay to the prevailing parties (including intervening parties), 
other than the United States, fees and other expenses incurred by that 
party in connection with the judicial review, unless the Court finds 
that the position of the person was substantially justified or that 
special circumstances make an award unjust.

SEC. 1076. EXCLUSION.

    This subtitle shall not apply with respect to disputes between the 
parties to a lease issued pursuant to an authorizing leasing statute 
regarding the obligations of such lease or the alleged breach thereof.

SEC. 1077. DEFINITIONS.

    In this subtitle, the following definitions apply:
            (1) Covered energy decision.--The term ``covered energy 
        decision'' means any action or decision by a Federal official 
        regarding the issuance of a covered energy lease.
            (2) Covered energy lease.--The term ``covered energy 
        lease'' means any lease under this title or under an oil and 
        gas leasing program under this title.

                  Subtitle G--Miscellaneous Provisions

SEC. 1081. RULES REGARDING DISTRIBUTION OF REVENUES UNDER GULF OF 
              MEXICO ENERGY SECURITY ACT OF 2006.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of the Interior shall issue rules to provide 
more clarity, certainty, and stability to the revenue streams 
contemplated by the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note).
    (b) Contents.--The rules shall include clarification of the timing 
and methods of disbursements of funds under section 105(b)(2) of such 
Act.

SEC. 1082. SEISMIC TESTING IN THE ATLANTIC OUTER CONTINENTAL SHELF.

    Not later than December 31, 2014, the Bureau of Ocean Energy 
Management shall publish a record of decision on the Atlantic G&G 
Programmatic Final Environmental Impact Statement.

SEC. 1083. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES.

    The Gulf of Mexico Energy Security Act of 2006 (title I of division 
C of Public Law 109-432; (43 U.S.C. 1331 note)) is amended--
            (1) by striking ``2016'' each place it appears and 
        inserting ``2014''; and
            (2) by striking section 105(f).

             TITLE XI--ALASKAN ENERGY FOR AMERICAN JOBS ACT

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Alaskan Energy for American Jobs 
Act''.

SEC. 2002. DEFINITIONS.

    In this title:
            (1) Coastal plain.--The term ``Coastal Plain'' means that 
        area described in appendix I to part 37 of title 50, Code of 
        Federal Regulations.
            (2) Peer reviewed.--The term ``peer reviewed'' means 
        reviewed--
                    (A) by individuals chosen by the National Academy 
                of Sciences with no contractual relationship with, or 
                those who have no application for a grant or other 
                funding pending with, the Federal agency with leasing 
                jurisdiction; or
                    (B) if individuals described in subparagraph (A) 
                are not available, by the top individuals in the 
                specified biological fields, as determined by the 
                National Academy of Sciences.
            (3) Secretary.--The term ``Secretary'', except as otherwise 
        provided, means the Secretary of the Interior or the 
        Secretary's designee.

SEC. 2003. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.

    (a) In General.--The Secretary shall take such actions as are 
necessary--
            (1) to establish and implement, in accordance with this 
        title and acting through the Director of the Bureau of Land 
        Management in consultation with the Director of the United 
        States Fish and Wildlife Service, a competitive oil and gas 
        leasing program that will result in the exploration, 
        development, and production of the oil and gas resources of the 
        Coastal Plain; and
            (2) to administer the provisions of this title through 
        regulations, lease terms, conditions, restrictions, 
        prohibitions, stipulations, and other provisions that ensure 
        the oil and gas exploration, development, and production 
        activities on the Coastal Plain will result in no significant 
        adverse effect on fish and wildlife, their habitat, subsistence 
        resources, and the environment, including, in furtherance of 
        this goal, by requiring the application of the best 
        commercially available technology for oil and gas exploration, 
        development, and production to all exploration, development, 
        and production operations under this title in a manner that 
        ensures the receipt of fair market value by the public for the 
        mineral resources to be leased.
    (b) Repeal of Existing Restriction.--
            (1) Repeal.--Section 1003 of the Alaska National Interest 
        Lands Conservation Act (16 U.S.C. 3143) is repealed.
            (2) Conforming amendment.--The table of contents in section 
        1 of such Act is amended by striking the item relating to 
        section 1003.
    (c) Compliance With Requirements Under Certain Other Laws.--
            (1) Compatibility.--For purposes of the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
        seq.), the oil and gas leasing program and activities 
        authorized by this section in the Coastal Plain are deemed to 
        be compatible with the purposes for which the Arctic National 
        Wildlife Refuge was established, and no further findings or 
        decisions are required to implement this determination.
            (2) Adequacy of the department of the interior's 
        legislative environmental impact statement.--The ``Final 
        Legislative Environmental Impact Statement'' (April 1987) on 
        the Coastal Plain prepared pursuant to section 1002 of the 
        Alaska National Interest Lands Conservation Act (16 U.S.C. 
        3142) and section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy 
        the requirements under the National Environmental Policy Act of 
        1969 that apply with respect to prelease activities under this 
        title, including actions authorized to be taken by the 
        Secretary to develop and promulgate the regulations for the 
        establishment of a leasing program authorized by this title 
        before the conduct of the first lease sale.
            (3) Compliance with nepa for other actions.--Before 
        conducting the first lease sale under this title, the Secretary 
        shall prepare an environmental impact statement under the 
        National Environmental Policy Act of 1969 with respect to the 
        actions authorized by this title that are not referred to in 
        paragraph (2). Notwithstanding any other law, the Secretary is 
        not required to identify nonleasing alternative courses of 
        action or to analyze the environmental effects of such courses 
        of action. The Secretary shall only identify a preferred action 
        for such leasing and a single leasing alternative, and analyze 
        the environmental effects and potential mitigation measures for 
        those two alternatives. The identification of the preferred 
        action and related analysis for the first lease sale under this 
        title shall be completed within 18 months after the date of 
        enactment of this Act. The Secretary shall only consider public 
        comments that specifically address the Secretary's preferred 
        action and that are filed within 20 days after publication of 
        an environmental analysis. Notwithstanding any other law, 
        compliance with this paragraph is deemed to satisfy all 
        requirements for the analysis and consideration of the 
        environmental effects of proposed leasing under this title.
    (d) Relationship to State and Local Authority.--Nothing in this 
title shall be considered to expand or limit State and local regulatory 
authority.
    (e) Special Areas.--
            (1) In general.--The Secretary, after consultation with the 
        State of Alaska, the city of Kaktovik, and the North Slope 
        Borough, may designate up to a total of 45,000 acres of the 
        Coastal Plain as a Special Area if the Secretary determines 
        that the Special Area is of such unique character and interest 
        so as to require special management and regulatory protection. 
        The Secretary shall designate as such a Special Area the 
        Sadlerochit Spring area, comprising approximately 4,000 acres.
            (2) Management.--Each such Special Area shall be managed so 
        as to protect and preserve the area's unique and diverse 
        character including its fish, wildlife, and subsistence 
        resource values.
            (3) Exclusion from leasing or surface occupancy.--The 
        Secretary may exclude any Special Area from leasing. If the 
        Secretary leases a Special Area, or any part thereof, for 
        purposes of oil and gas exploration, development, production, 
        and related activities, there shall be no surface occupancy of 
        the lands comprising the Special Area.
            (4) Directional drilling.--Notwithstanding the other 
        provisions of this subsection, the Secretary may lease all or a 
        portion of a Special Area under terms that permit the use of 
        horizontal drilling technology from sites on leases tracts 
        located outside the Special Area.
    (f) Limitation on Closed Areas.--The Secretary's sole authority to 
close lands within the Coastal Plain to oil and gas leasing and to 
exploration, development, and production is that set forth in this 
title.
    (g) Regulations.--
            (1) In general.--The Secretary shall prescribe such 
        regulations as may be necessary to carry out this title, 
        including regulations relating to protection of the fish and 
        wildlife, their habitat, subsistence resources, and environment 
        of the Coastal Plain, by no later than 15 months after the date 
        of enactment of this Act.
            (2) Revision of regulations.--The Secretary shall, through 
        a rulemaking conducted in accordance with section 553 of title 
        5, United States Code, periodically review and, if appropriate, 
        revise the regulations issued under subsection (a) to reflect a 
        preponderance of the best available scientific evidence that 
        has been peer reviewed and obtained by following appropriate, 
        documented scientific procedures, the results of which can be 
        repeated using those same procedures.

SEC. 2004. LEASE SALES.

    (a) In General.--Lands may be leased under this title to any person 
qualified to obtain a lease for deposits of oil and gas under the 
Mineral Leasing Act (30 U.S.C. 181 et seq.).
    (b) Procedures.--The Secretary shall, by regulation and no later 
than 180 days after the date of enactment of this title, establish 
procedures for--
            (1) receipt and consideration of sealed nominations for any 
        area of the Coastal Plain for inclusion in, or exclusion (as 
        provided in subsection (c)) from, a lease sale;
            (2) the holding of lease sales after such nomination 
        process; and
            (3) public notice of and comment on designation of areas to 
        be included in, or excluded from, a lease sale.
    (c) Lease Sale Bids.--Lease sales under this title may be conducted 
through an Internet leasing program, if the Secretary determines that 
such a system will result in savings to the taxpayer, an increase in 
the number of bidders participating, and higher returns than oral 
bidding or a sealed bidding system.
    (d) Sale Acreages and Schedule.--
            (1) The Secretary shall offer for lease under this title 
        those tracts the Secretary considers to have the greatest 
        potential for the discovery of hydrocarbons, taking into 
        consideration nominations received pursuant to subsection 
        (b)(1).
            (2) The Secretary shall offer for lease under this title no 
        less than 50,000 acres for lease within 22 months after the 
        date of the enactment of this title.
            (3) The Secretary shall offer for lease under this title no 
        less than an additional 50,000 acres at 6-, 12-, and 18-month 
        intervals following offering under paragraph (2).
            (4) The Secretary shall conduct four additional sales under 
        the same terms and schedule no later than two years after the 
        date of the last sale under paragraph (3), if sufficient 
        interest in leasing exists to warrant, in the Secretary's 
        judgment, the conduct of such sales.
            (5) The Secretary shall evaluate the bids in each sale and 
        issue leases resulting from such sales, within 90 days after 
        the date of the completion of such sale.

SEC. 2005. GRANT OF LEASES BY THE SECRETARY.

    (a) In General.--The Secretary may grant to the highest responsible 
qualified bidder in a lease sale conducted under section 2004 any lands 
to be leased on the Coastal Plain upon payment by the such bidder of 
such bonus as may be accepted by the Secretary.
    (b) Subsequent Transfers.--No lease issued under this title may be 
sold, exchanged, assigned, sublet, or otherwise transferred except with 
the approval of the Secretary. Prior to any such approval the Secretary 
shall consult with, and give due consideration to the views of, the 
Attorney General.

SEC. 2006. LEASE TERMS AND CONDITIONS.

    An oil or gas lease issued under this title shall--
            (1) provide for the payment of a royalty of not less than 
        12\1/2\ percent in amount or value of the production removed or 
        sold under the lease, as determined by the Secretary under the 
        regulations applicable to other Federal oil and gas leases;
            (2) provide that the Secretary may close, on a seasonal 
        basis, portions of the Coastal Plain to exploratory drilling 
        activities as necessary to protect caribou calving areas and 
        other species of fish and wildlife based on a preponderance of 
        the best available scientific evidence that has been peer 
        reviewed and obtained by following appropriate, documented 
        scientific procedures, the results of which can be repeated 
        using those same procedures;
            (3) require that the lessee of lands within the Coastal 
        Plain shall be fully responsible and liable for the reclamation 
        of lands within the Coastal Plain and any other Federal lands 
        that are adversely affected in connection with exploration, 
        development, production, or transportation activities conducted 
        under the lease and within the Coastal Plain by the lessee or 
        by any of the subcontractors or agents of the lessee;
            (4) provide that the lessee may not delegate or convey, by 
        contract or otherwise, the reclamation responsibility and 
        liability to another person without the express written 
        approval of the Secretary;
            (5) provide that the standard of reclamation for lands 
        required to be reclaimed under this title shall be, as nearly 
        as practicable, a condition capable of supporting the uses 
        which the lands were capable of supporting prior to any 
        exploration, development, or production activities, or upon 
        application by the lessee, to a higher or better use as 
        certified by the Secretary;
            (6) contain terms and conditions relating to protection of 
        fish and wildlife, their habitat, subsistence resources, and 
        the environment as required pursuant to section 2003(a)(2);
            (7) provide that the lessee, its agents, and its 
        contractors use best efforts to provide a fair share, as 
        determined by the level of obligation previously agreed to in 
        the 1974 agreement implementing section 29 of the Federal 
        Agreement and Grant of Right-of-Way for the Operation of the 
        Trans-Alaska Pipeline, of employment and contracting for Alaska 
        Natives and Alaska Native corporations from throughout the 
        State;
            (8) prohibit the export of oil produced under the lease; 
        and
            (9) contain such other provisions as the Secretary 
        determines necessary to ensure compliance with this title and 
        the regulations issued under this title.

SEC. 2007. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR 
              AMERICA.

    (a) Congressional Intent.--It is the intent of the Congress that--
            (1) this title will support a healthy and growing United 
        States domestic energy sector that, in turn, helps to 
        reinvigorate American manufacturing, transportation, and 
        service sectors by employing the vast talents of United States 
        workers to assist in the development of energy from domestic 
        sources; and
            (2) Congress will monitor the deployment of personnel and 
        material onshore and offshore to encourage the development of 
        American technology and manufacturing to enable United States 
        workers to benefit from this title through good jobs and 
        careers, as well as the establishment of important industrial 
        facilities to support expanded access to American resources.
    (b) Requirement.--The Secretary of the Interior shall when 
possible, and practicable, encourage the use of United States workers 
and equipment manufactured in the United States in all construction 
related to mineral development on the Coastal Plain.

SEC. 2008. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

    (a) No Significant Adverse Effect Standard To Govern Authorized 
Coastal Plain Activities.--The Secretary shall, consistent with the 
requirements of section 2003, administer this title through 
regulations, lease terms, conditions, restrictions, prohibitions, 
stipulations, and other provisions that--
            (1) ensure the oil and gas exploration, development, and 
        production activities on the Coastal Plain will result in no 
        significant adverse effect on fish and wildlife, their habitat, 
        and the environment;
            (2) require the application of the best commercially 
        available technology for oil and gas exploration, development, 
        and production on all new exploration, development, and 
        production operations; and
            (3) ensure that the maximum amount of surface acreage 
        covered by production and support facilities, including 
        airstrips and any areas covered by gravel berms or piers for 
        support of pipelines, does not exceed 10,000 acres on the 
        Coastal Plain for each 100,000 acres of area leased.
    (b) Site-Specific Assessment and Mitigation.--The Secretary shall 
also require, with respect to any proposed drilling and related 
activities, that--
            (1) a site-specific analysis be made of the probable 
        effects, if any, that the drilling or related activities will 
        have on fish and wildlife, their habitat, subsistence 
        resources, and the environment;
            (2) a plan be implemented to avoid, minimize, and mitigate 
        (in that order and to the extent practicable) any significant 
        adverse effect identified under paragraph (1); and
            (3) the development of the plan shall occur after 
        consultation with the agency or agencies having jurisdiction 
        over matters mitigated by the plan.
    (c) Regulations To Protect Coastal Plain Fish and Wildlife 
Resources, Subsistence Users, and the Environment.--Before implementing 
the leasing program authorized by this title, the Secretary shall 
prepare and promulgate regulations, lease terms, conditions, 
restrictions, prohibitions, stipulations, and other measures designed 
to ensure that the activities undertaken on the Coastal Plain under 
this title are conducted in a manner consistent with the purposes and 
environmental requirements of this title.
    (d) Compliance With Federal and State Environmental Laws and Other 
Requirements.--The proposed regulations, lease terms, conditions, 
restrictions, prohibitions, and stipulations for the leasing program 
under this title shall require compliance with all applicable 
provisions of Federal and State environmental law, and shall also 
require the following:
            (1) Standards at least as effective as the safety and 
        environmental mitigation measures set forth in items 1 through 
        29 at pages 167 through 169 of the ``Final Legislative 
        Environmental Impact Statement'' (April 1987) on the Coastal 
        Plain.
            (2) Seasonal limitations on exploration, development, and 
        related activities, where necessary, to avoid significant 
        adverse effects during periods of concentrated fish and 
        wildlife breeding, denning, nesting, spawning, and migration 
        based on a preponderance of the best available scientific 
        evidence that has been peer reviewed and obtained by following 
        appropriate, documented scientific procedures, the results of 
        which can be repeated using those same procedures.
            (3) That exploration activities, except for surface 
        geological studies, be limited to the period between 
        approximately November 1 and May 1 each year and that 
        exploration activities shall be supported, if necessary, by ice 
        roads, winter trails with adequate snow cover, ice pads, ice 
        airstrips, and air transport methods, except that such 
        exploration activities may occur at other times if the 
        Secretary finds that such exploration will have no significant 
        adverse effect on the fish and wildlife, their habitat, and the 
        environment of the Coastal Plain.
            (4) Design safety and construction standards for all 
        pipelines and any access and service roads, that--
                    (A) minimize, to the maximum extent possible, 
                adverse effects upon the passage of migratory species 
                such as caribou; and
                    (B) minimize adverse effects upon the flow of 
                surface water by requiring the use of culverts, 
                bridges, and other structural devices.
            (5) Prohibitions on general public access and use on all 
        pipeline access and service roads.
            (6) Stringent reclamation and rehabilitation requirements, 
        consistent with the standards set forth in this title, 
        requiring the removal from the Coastal Plain of all oil and gas 
        development and production facilities, structures, and 
        equipment upon completion of oil and gas production operations, 
        except that the Secretary may exempt from the requirements of 
        this paragraph those facilities, structures, or equipment that 
        the Secretary determines would assist in the management of the 
        Arctic National Wildlife Refuge and that are donated to the 
        United States for that purpose.
            (7) Appropriate prohibitions or restrictions on access by 
        all modes of transportation.
            (8) Appropriate prohibitions or restrictions on sand and 
        gravel extraction.
            (9) Consolidation of facility siting.
            (10) Appropriate prohibitions or restrictions on use of 
        explosives.
            (11) Avoidance, to the extent practicable, of springs, 
        streams, and river systems; the protection of natural surface 
        drainage patterns, wetlands, and riparian habitats; and the 
        regulation of methods or techniques for developing or 
        transporting adequate supplies of water for exploratory 
        drilling.
            (12) Avoidance or minimization of air traffic-related 
        disturbance to fish and wildlife.
            (13) Treatment and disposal of hazardous and toxic wastes, 
        solid wastes, reserve pit fluids, drilling muds and cuttings, 
        and domestic wastewater, including an annual waste management 
        report, a hazardous materials tracking system, and a 
        prohibition on chlorinated solvents, in accordance with 
        applicable Federal and State environmental law.
            (14) Fuel storage and oil spill contingency planning.
            (15) Research, monitoring, and reporting requirements.
            (16) Field crew environmental briefings.
            (17) Avoidance of significant adverse effects upon 
        subsistence hunting, fishing, and trapping by subsistence 
        users.
            (18) Compliance with applicable air and water quality 
        standards.
            (19) Appropriate seasonal and safety zone designations 
        around well sites, within which subsistence hunting and 
        trapping shall be limited.
            (20) Reasonable stipulations for protection of cultural and 
        archeological resources.
            (21) All other protective environmental stipulations, 
        restrictions, terms, and conditions deemed necessary by the 
        Secretary.
    (e) Considerations.--In preparing and promulgating regulations, 
lease terms, conditions, restrictions, prohibitions, and stipulations 
under this section, the Secretary shall consider the following:
            (1) The stipulations and conditions that govern the 
        National Petroleum Reserve-Alaska leasing program, as set forth 
        in the 1999 Northeast National Petroleum Reserve-Alaska Final 
        Integrated Activity Plan/Environmental Impact Statement.
            (2) The environmental protection standards that governed 
        the initial Coastal Plain seismic exploration program under 
        parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
            (3) The land use stipulations for exploratory drilling on 
        the KIC-ASRC private lands that are set forth in appendix 2 of 
        the August 9, 1983, agreement between Arctic Slope Regional 
        Corporation and the United States.
    (f) Facility Consolidation Planning.--
            (1) In general.--The Secretary shall, after providing for 
        public notice and comment, prepare and update periodically a 
        plan to govern, guide, and direct the siting and construction 
        of facilities for the exploration, development, production, and 
        transportation of Coastal Plain oil and gas resources.
            (2) Objectives.--The plan shall have the following 
        objectives:
                    (A) Avoiding unnecessary duplication of facilities 
                and activities.
                    (B) Encouraging consolidation of common facilities 
                and activities.
                    (C) Locating or confining facilities and activities 
                to areas that will minimize impact on fish and 
                wildlife, their habitat, and the environment.
                    (D) Utilizing existing facilities wherever 
                practicable.
                    (E) Enhancing compatibility between wildlife values 
                and development activities.
    (g) Access to Public Lands.--The Secretary shall--
            (1) manage public lands in the Coastal Plain subject to 
        section 811 of the Alaska National Interest Lands Conservation 
        Act (16 U.S.C. 3121); and
            (2) ensure that local residents shall have reasonable 
        access to public lands in the Coastal Plain for traditional 
        uses.

SEC. 2009. EXPEDITED JUDICIAL REVIEW.

    (a) Filing of Complaint.--
            (1) Deadline.--Subject to paragraph (2), any complaint 
        seeking judicial review--
                    (A) of any provision of this title shall be filed 
                by not later than 1 year after the date of enactment of 
                this Act; or
                    (B) of any action of the Secretary under this title 
                shall be filed--
                            (i) except as provided in clause (ii), 
                        within the 90-day period beginning on the date 
                        of the action being challenged; or
                            (ii) in the case of a complaint based 
                        solely on grounds arising after such period, 
                        within 90 days after the complainant knew or 
                        reasonably should have known of the grounds for 
                        the complaint.
            (2) Venue.--Any complaint seeking judicial review of any 
        provision of this title or any action of the Secretary under 
        this title may be filed only in the United States Court of 
        Appeals for the District of Columbia.
            (3) Limitation on scope of certain review.--Judicial review 
        of a Secretarial decision to conduct a lease sale under this 
        title, including the environmental analysis thereof, shall be 
        limited to whether the Secretary has complied with this title 
        and shall be based upon the administrative record of that 
        decision. The Secretary's identification of a preferred course 
        of action to enable leasing to proceed and the Secretary's 
        analysis of environmental effects under this title shall be 
        presumed to be correct unless shown otherwise by clear and 
        convincing evidence to the contrary.
    (b) Limitation on Other Review.--Actions of the Secretary with 
respect to which review could have been obtained under this section 
shall not be subject to judicial review in any civil or criminal 
proceeding for enforcement.
    (c) Limitation on Attorneys' Fees and Court Costs.--No person 
seeking judicial review of any action under this title shall receive 
payment from the Federal Government for their attorneys' fees and other 
court costs, including under any provision of law enacted by the Equal 
Access to Justice Act (5 U.S.C. 504 note).

SEC. 2010. TREATMENT OF REVENUES.

    Notwithstanding any other provision of law, 50 percent of the 
amount of bonus, rental, and royalty revenues from Federal oil and gas 
leasing and operations authorized under this title shall be deposited 
in the Treasury.

SEC. 2011. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

    (a) In General.--The Secretary shall issue rights-of-way and 
easements across the Coastal Plain for the transportation of oil and 
gas produced under leases under this title--
            (1) except as provided in paragraph (2), under section 28 
        of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
        title XI of the Alaska National Interest Lands Conservation Act 
        (16 U.S.C. 3161 et seq.); and
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (30 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170 and 3171).
    (b) Terms and Conditions.--The Secretary shall include in any 
right-of-way or easement issued under subsection (a) such terms and 
conditions as may be necessary to ensure that transportation of oil and 
gas does not result in a significant adverse effect on the fish and 
wildlife, subsistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be sited or 
designed so as to avoid unnecessary duplication of roads and pipelines.
    (c) Regulations.--The Secretary shall include in regulations under 
section 2003(g) provisions granting rights-of-way and easements 
described in subsection (a) of this section.

SEC. 2012. CONVEYANCE.

    In order to maximize Federal revenues by removing clouds on title 
to lands and clarifying land ownership patterns within the Coastal 
Plain, the Secretary, notwithstanding section 1302(h)(2) of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 
convey--
            (1) to the Kaktovik Inupiat Corporation the surface estate 
        of the lands described in paragraph 1 of Public Land Order 
        6959, to the extent necessary to fulfill the Corporation's 
        entitlement under sections 12 and 14 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance 
        with the terms and conditions of the Agreement between the 
        Department of the Interior, the United States Fish and Wildlife 
        Service, the Bureau of Land Management, and the Kaktovik 
        Inupiat Corporation dated January 22, 1993; and
            (2) to the Arctic Slope Regional Corporation the remaining 
        subsurface estate to which it is entitled pursuant to the 
        August 9, 1983, agreement between the Arctic Slope Regional 
        Corporation and the United States of America.

         TITLE XII--STATE CONTROL ON ALL AVAILABLE FEDERAL LAND

SEC. 3001. STATE CONTROL ON ALL AVAILABLE FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Available federal land.--The term ``available Federal 
        land'' means any Federal land that, as of May 31, 2013--
                    (A) is located within the boundaries of a State;
                    (B) is not held by the United States in trust for 
                the benefit of a federally recognized Indian tribe;
                    (C) is not a unit of the National Park System;
                    (D) is not a unit of the National Wildlife Refuge 
                System; and
                    (E) is not a Congressionally designated wilderness 
                area.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means--
                    (A) a State; and
                    (B) the District of Columbia.
    (b) State Programs.--
            (1) In general.--A State--
                    (A) may establish a program covering the leasing 
                and permitting processes, regulatory requirements, and 
                any other provisions by which the State would exercise 
                its rights on available Federal land in the State; and
                    (B) as a condition of certification under 
                subsection (c)(2) shall submit a declaration to the 
                Departments of the Interior, Agriculture, and Energy 
                that a program under subparagraph (A) has been 
                established or amended.
            (2) Amendment of programs.--A State may amend a program 
        developed and certified under this section at any time.
            (3) Certification of amended programs.--Any program amended 
        under paragraph (2) shall be certified under subsection (c)(2).
    (c) Leasing, Permitting, and Regulatory Programs.--
            (1) Satisfaction of federal requirements.--Each program 
        certified under this section shall be considered to satisfy all 
        applicable requirements of Federal law (including regulations), 
        including--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.).
            (2) Federal certification and transfer of development 
        rights.--Upon submission of a declaration by a State under 
        subsection (b)(1)(B)--
                    (A) the program under subsection (b)(1)(A) shall be 
                certified; and
                    (B) the State shall receive all rights from the 
                Federal Government to develop all resources covered by 
                the program.
            (3) Issuance of permits and leases.--If a State elects to 
        issue a permit or lease for the development of any resource on 
        any available Federal land within the borders of the State in 
        accordance with a program certified under paragraph (2), the 
        permit or lease shall be considered to meet all applicable 
        requirements of Federal law (including regulations).
    (d) Judicial Review.--Activities carried out in accordance with 
this title shall not be subject to judicial review.
    (e) Administrative Procedure Act.--Activities carried out in 
accordance with this title shall not be subject to subchapter II of 
chapter 5, and chapter 7, of title 5, United States Code (commonly 
known as the ``Administrative Procedure Act'').

           TITLE XIII--FEDERAL LANDS JOBS AND ENERGY SECURITY

           Subtitle A--Federal Lands Jobs and Energy Security

SEC. 4001. SHORT TITLE.

    This subtitle may be cited as the ``Federal Lands Jobs and Energy 
Security Act''.

SEC. 4002. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR 
              AMERICA.

    (a) Congressional Intent.--It is the intent of the Congress that--
            (1) this title will support a healthy and growing United 
        States domestic energy sector that, in turn, helps to 
        reinvigorate American manufacturing, transportation, and 
        service sectors by employing the vast talents of United States 
        workers to assist in the development of energy from domestic 
        sources;
            (2) to ensure a robust onshore energy production industry 
        and ensure that the benefits of development support local 
        communities, under this title, the Secretary shall make every 
        effort to promote the development of onshore American energy, 
        and shall take into consideration the socioeconomic impacts, 
        infrastructure requirements, and fiscal stability for local 
        communities located within areas containing onshore energy 
        resources; and
            (3) the Congress will monitor the deployment of personnel 
        and material onshore to encourage the development of American 
        manufacturing to enable United States workers to benefit from 
        this subtitle through good jobs and careers, as well as the 
        establishment of important industrial facilities to support 
        expanded access to American resources.
    (b) Requirement.--The Secretary of the Interior shall when 
possible, and practicable, encourage the use of United States workers 
and equipment manufactured in the United States in all construction 
related to mineral resource development under this subtitle.

           CHAPTER 1--ONSHORE OIL AND GAS PERMIT STREAMLINING

SEC. 4101. SHORT TITLE.

    This chapter may be cited as the ``Streamlining Permitting of 
American Energy Act of 2014''.

     Subchapter A--Application for Permits To Drill Process Reform

SEC. 4111. PERMIT TO DRILL APPLICATION TIMELINE.

    Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)) 
is amended to read as follows:
            ``(2) Applications for permits to drill reform and 
        process.--
                    ``(A) Timeline.--The Secretary shall decide whether 
                to issue a permit to drill within 30 days after 
                receiving an application for the permit. The Secretary 
                may extend such period for up to 2 periods of 15 days 
                each, if the Secretary has given written notice of the 
                delay to the applicant. The notice shall be in the form 
                of a letter from the Secretary or a designee of the 
                Secretary, and shall include the names and titles of 
                the persons processing the application, the specific 
                reasons for the delay, and a specific date a final 
                decision on the application is expected.
                    ``(B) Notice of reasons for denial.--If the 
                application is denied, the Secretary shall provide the 
                applicant--
                            ``(i) in writing, clear and comprehensive 
                        reasons why the application was not accepted 
                        and detailed information concerning any 
                        deficiencies; and
                            ``(ii) an opportunity to remedy any 
                        deficiencies.
                    ``(C) Application deemed approved.--If the 
                Secretary has not made a decision on the application by 
                the end of the 60-day period beginning on the date the 
                application is received by the Secretary, the 
                application is deemed approved, except in cases in 
                which existing reviews under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                are incomplete.
                    ``(D) Denial of permit.--If the Secretary decides 
                not to issue a permit to drill in accordance with 
                subparagraph (A), the Secretary shall--
                            ``(i) provide to the applicant a 
                        description of the reasons for the denial of 
                        the permit;
                            ``(ii) allow the applicant to resubmit an 
                        application for a permit to drill during the 
                        10-day period beginning on the date the 
                        applicant receives the description of the 
                        denial from the Secretary; and
                            ``(iii) issue or deny any resubmitted 
                        application not later than 10 days after the 
                        date the application is submitted to the 
                        Secretary.
                    ``(E) Fee.--
                            ``(i) In general.--Notwithstanding any 
                        other law, the Secretary shall collect a single 
                        $6,500 permit processing fee per application 
                        from each applicant at the time the final 
                        decision is made whether to issue a permit 
                        under subparagraph (A). This fee shall not 
                        apply to any resubmitted application.
                            ``(ii) Treatment of permit processing 
                        fee.--Of all fees collected under this 
                        paragraph, 50 percent shall be transferred to 
                        the field office where they are collected and 
                        used to process protests, leases, and permits 
                        under this Act subject to appropriation.''.

SEC. 4112. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.

    (a) In General.--Subject to subsection (b), and notwithstanding any 
other provision of law, of fees collected each fiscal year as annual 
wind energy and solar energy right-of-way authorization fees required 
under section 504(g) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1764(g))--
            (1) no less than 25 percent shall be available, subject to 
        appropriation, for use for solar and wind permitting and 
        management activities by Department of the Interior field 
        offices responsible for the land where the fees were collected;
            (2) no less than 25 percent shall be available, subject to 
        appropriation, for Bureau of Land Management solar and wind 
        permit approval activities; and
            (3) no less than 25 percent shall be available, subject to 
        appropriation, to the Secretary of the Interior for department-
        wide solar and wind permitting activities.
    (b) Limitation.--The amount used under subsection (a) each fiscal 
year shall not exceed $5,000,000.

       Subchapter B--Administrative Protest Documentation Reform

SEC. 4121. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.

    Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 
further amended by adding at the end the following:
            ``(4) Protest fee.--
                    ``(A) In general.--The Secretary shall collect a 
                $5,000 documentation fee to accompany each protest for 
                a lease, right-of-way, or application for permit to 
                drill.
                    ``(B) Treatment of fees.--Of all fees collected 
                under this paragraph, 50 percent shall remain in the 
                field office where they are collected and used to 
                process protests subject to appropriation.''.

                   Subchapter C--Permit Streamlining

SEC. 4131. IMPROVE FEDERAL ENERGY PERMIT COORDINATION.

    (a) Establishment.--The Secretary of the Interior (referred to in 
this section as the ``Secretary'') shall establish a Federal Permit 
Streamlining Project (referred to in this section as the ``Project'') 
in every Bureau of Land Management field office with responsibility for 
permitting energy projects on Federal land.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        memorandum of understanding for purposes of this section with--
                    (A) the Secretary of Agriculture;
                    (B) the Administrator of the Environmental 
                Protection Agency; and
                    (C) the Chief of the Army Corps of Engineers.
            (2) State participation.--The Secretary may request that 
        the Governor of any State with energy projects on Federal lands 
        to be a signatory to the memorandum of understanding.
    (c) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date of 
        the signing of the memorandum of understanding under subsection 
        (b), all Federal signatory parties shall, if appropriate, 
        assign to each of the Bureau of Land Management field offices 
        an employee who has expertise in the regulatory issues relating 
        to the office in which the employee is employed, including, as 
        applicable, particular expertise in--
                    (A) the consultations and the preparation of 
                biological opinions under section 7 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1536);
                    (B) permits under section 404 of Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (C) regulatory matters under the Clean Air Act (42 
                U.S.C. 7401 et seq.);
                    (D) planning under the National Forest Management 
                Act of 1976 (16 U.S.C. 472a et seq.); and
                    (E) the preparation of analyses under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
            (2) Duties.--Each employee assigned under paragraph (1) 
        shall--
                    (A) not later than 90 days after the date of 
                assignment, report to the Bureau of Land Management 
                Field Managers in the office to which the employee is 
                assigned;
                    (B) be responsible for all issues relating to the 
                energy projects that arise under the authorities of the 
                employee's home agency; and
                    (C) participate as part of the team of personnel 
                working on proposed energy projects, planning, and 
                environmental analyses on Federal lands.
    (d) Additional Personnel.--The Secretary shall assign to each 
Bureau of Land Management field office identified in subsection (a) any 
additional personnel that are necessary to ensure the effective 
approval and implementation of energy projects administered by the 
Bureau of Land Management field offices, including inspection and 
enforcement relating to energy development on Federal land, in 
accordance with the multiple use mandate of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (e) Funding.--Funding for the additional personnel shall come from 
the Department of the Interior reforms identified in sections 4111, 
4112, and 4121.
    (f) Savings Provision.--Nothing in this section affects--
            (1) the operation of any Federal or State law; or
            (2) any delegation of authority made by the head of a 
        Federal agency whose employees are participating in the 
        Project.
    (g) Definition.--For purposes of this section the term ``energy 
projects'' includes oil, natural gas, coal, and other energy projects 
as defined by the Secretary.

SEC. 4132. ADMINISTRATION OF CURRENT LAW.

    Notwithstanding any other law, the Secretary of the Interior shall 
not require a finding of extraordinary circumstances in administering 
section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942).

                     Subchapter D--Judicial Review

SEC. 4141. DEFINITIONS.

    In this subchapter--
            (1) the term ``covered civil action'' means a civil action 
        containing a claim under section 702 of title 5, United States 
        Code, regarding agency action (as defined for the purposes of 
        that section) affecting a covered energy project on Federal 
        lands of the United States; and
            (2) the term ``covered energy project'' means the leasing 
        of Federal lands of the United States for the exploration, 
        development, production, processing, or transmission of oil, 
        natural gas, wind, or any other source of energy, and any 
        action under such a lease, except that the term does not 
        include any disputes between the parties to a lease regarding 
        the obligations under such lease, including regarding any 
        alleged breach of the lease.

SEC. 4142. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO 
              COVERED ENERGY PROJECTS.

    Venue for any covered civil action shall lie in the district court 
where the project or leases exist or are proposed.

SEC. 4143. TIMELY FILING.

    To ensure timely redress by the courts, a covered civil action must 
be filed no later than the end of the 90-day period beginning on the 
date of the final Federal agency action to which it relates.

SEC. 4144. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

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

SEC. 4145. STANDARD OF REVIEW.

    In any judicial review of a covered civil action, administrative 
findings and conclusions relating to the challenged Federal action or 
decision shall be presumed to be correct, and the presumption may be 
rebutted only by the preponderance of the evidence contained in the 
administrative record.

SEC. 4146. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

    In a covered civil action, the court shall not grant or approve any 
prospective relief unless the court finds that such relief is narrowly 
drawn, extends no further than necessary to correct the violation of a 
legal requirement, and is the least intrusive means necessary to 
correct that violation. In addition, courts shall limit the duration of 
preliminary injunctions to halt covered energy projects to no more than 
60 days, unless the court finds clear reasons to extend the injunction. 
In such cases of extensions, such extensions shall only be in 30-day 
increments and shall require action by the court to renew the 
injunction.

SEC. 4147. LIMITATION ON ATTORNEYS' FEES.

    Sections 504 of title 5, United States Code, and 2412 of title 28, 
United States Code (together commonly called the Equal Access to 
Justice Act), do not apply to a covered civil action, nor shall any 
party in such a covered civil action receive payment from the Federal 
Government for their attorneys' fees, expenses, and other court costs.

SEC. 4148. LEGAL STANDING.

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

         Subchapter E--Knowing America's Oil and Gas Resources

SEC. 4151. FUNDING OIL AND GAS RESOURCE ASSESSMENTS.

    (a) In General.--The Secretary of the Interior shall provide 
matching funding for joint projects with States to conduct oil and gas 
resource assessments on Federal lands with significant oil and gas 
potential.
    (b) Cost Sharing.--The Federal share of the cost of activities 
under this section shall not exceed 50 percent.
    (c) Resource Assessment.--Any resource assessment under this 
section shall be conducted by a State, in consultation with the United 
States Geological Survey.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section a total of 
$50,000,000 for fiscal years 2014 through 2017.

                CHAPTER 2--OIL AND GAS LEASING CERTAINTY

SEC. 4161. SHORT TITLE.

    This chapter may be cited as the ``Providing Leasing Certainty for 
American Energy Act of 2014''.

SEC. 4162. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES.

    In conducting lease sales as required by section 17(a) of the 
Mineral Leasing Act (30 U.S.C. 226(a)), each year the Secretary of the 
Interior shall perform the following:
            (1) The Secretary shall offer for sale no less than 25 
        percent of the annual nominated acreage not previously made 
        available for lease. Acreage offered for lease pursuant to this 
        paragraph shall not be subject to protest and shall be eligible 
        for categorical exclusions under section 390 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15942), except that it shall not 
        be subject to the test of extraordinary circumstances.
            (2) In administering this section, the Secretary shall only 
        consider leasing of Federal lands that are available for 
        leasing at the time the lease sale occurs.

SEC. 4163. LEASING CERTAINTY.

    Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) is 
amended by inserting ``(1)'' before ``All lands'', and by adding at the 
end the following:
    ``(2)(A) The Secretary shall not withdraw any covered energy 
project issued under this Act without finding a violation of the terms 
of the lease by the lessee.
    ``(B) The Secretary shall not infringe upon lease rights under 
leases issued under this Act by indefinitely delaying issuance of 
project approvals, drilling and seismic permits, and rights of way for 
activities under such a lease.
    ``(C) No later than 18 months after an area is designated as open 
under the current land use plan the Secretary shall make available 
nominated areas for lease under the criteria in section 2.
    ``(D) Notwithstanding any other law, the Secretary shall issue all 
leases sold no later than 60 days after the last payment is made.
    ``(E) The Secretary shall not cancel or withdraw any lease parcel 
after a competitive lease sale has occurred and a winning bidder has 
submitted the last payment for the parcel.
    ``(F) Not later than 60 days after a lease sale held under this 
Act, the Secretary shall adjudicate any lease protests filed following 
a lease sale. If after 60 days any protest is left unsettled, said 
protest is automatically denied and appeal rights of the protestor 
begin.
    ``(G) No additional lease stipulations may be added after the 
parcel is sold without consultation and agreement of the lessee, unless 
the Secretary deems such stipulations as emergency actions to conserve 
the resources of the United States.''.

SEC. 4164. LEASING CONSISTENCY.

    Federal land managers must follow existing resource management 
plans and continue to actively lease in areas designated as open when 
resource management plans are being amended or revised, until such time 
as a new record of decision is signed.

SEC. 4165. REDUCE REDUNDANT POLICIES.

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

SEC. 4166. STREAMLINED CONGRESSIONAL NOTIFICATION.

    Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) is 
amended in the matter following paragraph (4) by striking ``at least 
thirty days in advance of the reinstatement'' and inserting ``in an 
annual report''.

                          CHAPTER 3--OIL SHALE

SEC. 4171. SHORT TITLE.

    This chapter may be cited as the ``Protecting Investment in Oil 
Shale the Next Generation of Environmental, Energy, and Resource 
Security Act'' or the ``PIONEERS Act''.

SEC. 4172. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO 
              RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION.

    (a) Regulations.--Notwithstanding any other law or regulation to 
the contrary, the final regulations regarding oil shale management 
published by the Bureau of Land Management on November 18, 2008 (73 
Fed. Reg. 69,414) are deemed to satisfy all legal and procedural 
requirements under any law, including the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of the 
Interior shall implement those regulations, including the oil shale 
leasing program authorized by the regulations, without any other 
administrative action necessary.
    (b) Amendments to Resource Management Plans and Record of 
Decision.--Notwithstanding any other law or regulation to the contrary, 
the November 17, 2008 U.S. Bureau of Land Management Approved Resource 
Management Plan Amendments/Record of Decision for Oil Shale and Tar 
Sands Resources to Address Land Use Allocations in Colorado, Utah, and 
Wyoming and Final Programmatic Environmental Impact Statement are 
deemed to satisfy all legal and procedural requirements under any law, 
including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), and the Secretary of the Interior shall implement the 
oil shale leasing program authorized by the regulations referred to in 
subsection (a) in those areas covered by the resource management plans 
amended by such amendments, and covered by such record of decision, 
without any other administrative action necessary.

SEC. 4173. OIL SHALE LEASING.

    (a) Additional Research and Development Lease Sales.--The Secretary 
of the Interior shall hold a lease sale within 180 days after the date 
of enactment of this Act offering an additional 10 parcels for lease 
for research, development, and demonstration of oil shale resources, 
under the terms offered in the solicitation of bids for such leases 
published on January 15, 2009 (74 Fed. Reg. 10).
    (b) Commercial Lease Sales.--No later than January 1, 2016, the 
Secretary of the Interior shall hold no less than 5 separate commercial 
lease sales in areas considered to have the most potential for oil 
shale development, as determined by the Secretary, in areas nominated 
through public comment. Each lease sale shall be for an area of not 
less than 25,000 acres, and in multiple lease blocs.

                  CHAPTER 4--MISCELLANEOUS PROVISIONS

SEC. 4181. RULE OF CONSTRUCTION.

    Nothing in this subtitle shall be construed to authorize the 
issuance of a lease under the Mineral Leasing Act (30 U.S.C. 181 et 
seq.) to any person designated for the imposition of sanctions pursuant 
to--
            (1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), 
        the Comprehensive Iran Sanctions, Accountability and 
        Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran 
        Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 
        8701 et seq.), section 1245 of the National Defense 
        Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or 
        the Iran Freedom and Counter-Proliferation Act of 2012 (22 
        U.S.C. 8801 et seq.);
            (2) Executive Order No. 13622 (July 30, 2012), Executive 
        Order No. 13628 (October 9, 2012), or Executive Order No. 13645 
        (June 3, 2013);
            (3) Executive Order No. 13224 (September 23, 2001) or 
        Executive Order No. 13338 (May 11, 2004); or
            (4) the Syria Accountability and Lebanese Sovereignty 
        Restoration Act of 2003 (22 U.S.C. 2151 note).

                Subtitle B--Planning for American Energy

SEC. 4201. SHORT TITLE.

    This subtitle may be cited as the ``Planning for American Energy 
Act of 2014''.

SEC. 4202. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.

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

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

    ``(a) In General.--
            ``(1) The Secretary of the Interior (hereafter in this 
        section referred to as `Secretary'), in consultation with the 
        Secretary of Agriculture with regard to lands administered by 
        the Forest Service, shall develop and publish every 4 years a 
        Quadrennial Federal Onshore Energy Production Strategy. This 
        Strategy shall direct Federal land energy development and 
        department resource allocation in order to promote the energy 
        and national security of the United States in accordance with 
        Bureau of Land Management's mission of promoting the multiple 
        use of Federal lands as set forth in the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1701 et seq.).
            ``(2) In developing this Strategy, the Secretary shall 
        consult with the Administrator of the Energy Information 
        Administration on the projected energy demands of the United 
        States for the next 30-year period, and how energy derived from 
        Federal onshore lands can put the United States on a trajectory 
        to meet that demand during the next 4-year period. The 
        Secretary shall consider how Federal lands will contribute to 
        ensuring national energy security, with a goal for increasing 
        energy independence and production, during the next 4-year 
        period.
            ``(3) The Secretary shall determine a domestic strategic 
        production objective for the development of energy resources 
        from Federal onshore lands. Such objective shall be--
                    ``(A) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of oil and natural gas from the Federal 
                onshore mineral estate, with a focus on lands held by 
                the Bureau of Land Management and the Forest Service;
                    ``(B) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                coal production from Federal lands;
                    ``(C) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of strategic and critical energy minerals 
                from the Federal onshore mineral estate;
                    ``(D) the best estimate, based upon commercial and 
                scientific data, of the expected increase in megawatts 
                for electricity production from each of the following 
                sources: wind, solar, biomass, hydropower, and 
                geothermal energy produced on Federal lands 
                administered by the Bureau of Land Management and the 
                Forest Service;
                    ``(E) the best estimate, based upon commercial and 
                scientific data, of the expected increase in 
                unconventional energy production, such as oil shale;
                    ``(F) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of oil, natural gas, coal, and other 
                renewable sources from tribal lands for any federally 
                recognized Indian tribe that elects to participate in 
                facilitating energy production on its lands;
                    ``(G) the best estimate, based upon commercial and 
                scientific data, of the expected increase in production 
                of helium on Federal lands administered by the Bureau 
                of Land Management and the Forest Service; and
                    ``(H) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of geothermal, solar, wind, or other 
                renewable energy sources from `available lands' (as 
                such term is defined in section 203 of the Hawaiian 
                Homes Commission Act, 1920 (42 Stat. 108 et seq.), and 
                including any other lands deemed by the Territory or 
                State of Hawaii, as the case may be, to be included 
                within that definition) that the agency or department 
                of the government of the State of Hawaii that is 
                responsible for the administration of such lands 
                selects to be used for such energy production.
            ``(4) The Secretary shall consult with the Administrator of 
        the Energy Information Administration regarding the methodology 
        used to arrive at its estimates for purposes of this section.
            ``(5) The Secretary has the authority to expand the energy 
        development plan to include other energy production technology 
        sources or advancements in energy on Federal lands.
            ``(6) The Secretary shall include in the Strategy a plan 
        for addressing new demands for transmission lines and pipelines 
        for distribution of oil and gas across Federal lands to ensure 
        that energy produced can be distributed to areas of need.
    ``(b) Tribal Objectives.--It is the sense of Congress that 
federally recognized Indian tribes may elect to set their own 
production objectives as part of the Strategy under this section. The 
Secretary shall work in cooperation with any federally recognized 
Indian tribe that elects to participate in achieving its own strategic 
energy objectives designated under this subsection.
    ``(c) Execution of the Strategy.--The relevant Secretary shall have 
all necessary authority to make determinations regarding which 
additional lands will be made available in order to meet the production 
objectives established by strategies under this section. The Secretary 
shall also take all necessary actions to achieve these production 
objectives unless the President determines that it is not in the 
national security and economic interests of the United States to 
increase Federal domestic energy production and to further decrease 
dependence upon foreign sources of energy. In administering this 
section, the relevant Secretary shall only consider leasing Federal 
lands available for leasing at the time the lease sale occurs.
    ``(d) State, Federally Recognized Indian Tribes, Local Government, 
and Public Input.--In developing each strategy, the Secretary shall 
solicit the input of affected States, federally recognized Indian 
tribes, local governments, and the public.
    ``(e) Reporting.--The Secretary shall report annually to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate on the progress 
of meeting the production goals set forth in the strategy. The 
Secretary shall identify in the report projections for production and 
capacity installations and any problems with leasing, permitting, 
siting, or production that will prevent meeting the goal. In addition, 
the Secretary shall make suggestions to help meet any shortfalls in 
meeting the production goals.
    ``(f) Programmatic Environmental Impact Statement.--Not later than 
12 months after the date of enactment of this section, in accordance 
with section 102(2)(C) of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic 
environmental impact statement. This programmatic environmental impact 
statement will be deemed sufficient to comply with all requirements 
under that Act for all necessary resource management and land use plans 
associated with the implementation of the strategy.
    ``(g) Congressional Review.--At least 60 days prior to publishing a 
proposed strategy under this section, the Secretary shall submit it to 
the President and the Congress, together with any comments received 
from States, federally recognized Indian tribes, and local governments. 
Such submission shall indicate why any specific recommendation of a 
State, federally recognized Indian tribe, or local government was not 
accepted.
    ``(h) Strategic and Critical Energy Minerals Defined.--For purposes 
of this section, the term `strategic and critical energy minerals' 
means those that are necessary for the Nation's energy infrastructure 
including pipelines, refining capacity, electrical power generation and 
transmission, and renewable energy production and those that are 
necessary to support domestic manufacturing, including but not limited 
to, materials used in energy generation, production, and 
transportation.''.
    (b) First Quadrennial Strategy.--Not later than 18 months after the 
date of enactment of this Act, the Secretary of the Interior shall 
submit to Congress the first Quadrennial Federal Onshore Energy 
Production Strategy under the amendment made by subsection (a).

        Subtitle C--National Petroleum Reserve in Alaska Access

SEC. 4301. SHORT TITLE.

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

SEC. 4302. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE 
              NATIONAL PETROLEUM RESERVE IN ALASKA.

    It is the sense of Congress that--
            (1) the National Petroleum Reserve in Alaska remains 
        explicitly designated, both in name and legal status, for 
        purposes of providing oil and natural gas resources to the 
        United States; and
            (2) accordingly, the national policy is to actively advance 
        oil and gas development within the Reserve by facilitating the 
        expeditious exploration, production, and transportation of oil 
        and natural gas from and through the Reserve.

SEC. 4303. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.

    Section 107(a) of the Naval Petroleum Reserves Production Act of 
1976 (42 U.S.C. 6506a(a)) is amended to read as follows:
    ``(a) In General.--The Secretary shall conduct an expeditious 
program of competitive leasing of oil and gas in the reserve in 
accordance with this Act. Such program shall include at least one lease 
sale annually in those areas of the reserve most likely to produce 
commercial quantities of oil and natural gas each year in the period 
2015 through 2025.''.

SEC. 4304. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND 
              PERMITTING PIPELINE AND ROAD CONSTRUCTION.

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

SEC. 4305. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND ENVIRONMENTAL 
              IMPACT STATEMENT.

    (a) Issuance of New Integrated Activity Plan.--The Secretary of the 
Interior shall, within 180 days after the date of enactment of this 
Act, issue--
            (1) a new proposed integrated activity plan from among the 
        non-adopted alternatives in the National Petroleum Reserve 
        Alaska Integrated Activity Plan Record of Decision issued by 
        the Secretary of the Interior and dated February 21, 2013; and
            (2) an environmental impact statement under section 
        102(2)(C) of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the 
        National Petroleum Reserve-Alaska to promote efficient and 
        maximum development of oil and natural gas resources of such 
        reserve.
    (b) Nullification of Existing Record of Decision, IAP, and EIS.--
Except as provided in subsection (a), the National Petroleum Reserve-
Alaska Integrated Activity Plan Record of Decision issued by the 
Secretary of the Interior and dated February 21, 2013, including the 
integrated activity plan and environmental impact statement referred to 
in that record of decision, shall have no force or effect.

SEC. 4306. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.

    The Secretary of the Interior shall issue regulations not later 
than 180 days after the date of enactment of this Act that establish 
clear requirements to ensure that the Department of the Interior is 
supporting development of oil and gas leases in the National Petroleum 
Reserve-Alaska.

SEC. 4307. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN.

    At a minimum, the new proposed integrated activity plan issued 
under section 4305(a)(1) shall--
            (1) require the Department of the Interior to respond 
        within 5 business days to a person who submits an application 
        for a permit for development of oil and natural gas leases in 
        the National Petroleum Reserve-Alaska acknowledging receipt of 
        such application; and
            (2) establish a timeline for the processing of each such 
        application, that--
                    (A) specifies deadlines for decisions and actions 
                on permit applications; and
                    (B) provides that the period for issuing each 
                permit after submission of such an application shall 
                not exceed 60 days without the concurrence of the 
                applicant.

SEC. 4308. UPDATED RESOURCE ASSESSMENT.

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

                 Subtitle D--BLM Live Internet Auctions

SEC. 4401. SHORT TITLE.

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

SEC. 4402. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES.

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

                   Subtitle E--Native American Energy

SEC. 4501. SHORT TITLE.

    This subtitle may be cited as the ``Native American Energy Act''.

SEC. 4502. APPRAISALS.

    (a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended by adding at the end the following:

``SEC. 2607. APPRAISAL REFORMS.

    ``(a) Options to Indian Tribes.--With respect to a transaction 
involving Indian land or the trust assets of an Indian tribe that 
requires the approval of the Secretary, any appraisal relating to fair 
market value required to be conducted under applicable law, regulation, 
or policy may be completed by--
            ``(1) the Secretary;
            ``(2) the affected Indian tribe; or
            ``(3) a certified, third-party appraiser pursuant to a 
        contract with the Indian tribe.
    ``(b) Time Limit on Secretarial Review and Action.--Not later than 
30 days after the date on which the Secretary receives an appraisal 
conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) 
of subsection (a), the Secretary shall--
            ``(1) review the appraisal; and
            ``(2) provide to the Indian tribe a written notice of 
        approval or disapproval of the appraisal.
    ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 
days, the Secretary has failed to approve or disapprove any appraisal 
received, the appraisal shall be deemed approved.
    ``(d) Option to Indian Tribes To Waive Appraisal.--
            ``(1) An Indian tribe wishing to waive the requirements of 
        subsection (a), may do so after it has satisfied the 
        requirements of subsections (2) and (3) below.
            ``(2) An Indian tribe wishing to forego the necessity of a 
        waiver pursuant to this section must provide to the Secretary a 
        written resolution, statement, or other unambiguous indication 
        of tribal intent, duly approved by the governing body of the 
        Indian tribe.
            ``(3) The unambiguous indication of intent provided by the 
        Indian tribe to the Secretary under paragraph (2) must include 
        an express waiver by the Indian tribe of any claims for damages 
        it might have against the United States as a result of the lack 
        of an appraisal undertaken.
    ``(e) Definition.--For purposes of this section, the term 
`appraisal' includes appraisals and other estimates of value.
    ``(f) Regulations.--The Secretary shall develop regulations for 
implementing this section, including standards the Secretary shall use 
for approving or disapproving an appraisal.''.
    (b) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the 
end of the items relating to title XXVI the following:

``Sec. 2607. Appraisal reforms.''.

SEC. 4503. STANDARDIZATION.

    As soon as practicable after the date of the enactment of this Act, 
the Secretary of the Interior shall implement procedures to ensure that 
each agency within the Department of the Interior that is involved in 
the review, approval, and oversight of oil and gas activities on Indian 
lands shall use a uniform system of reference numbers and tracking 
systems for oil and gas wells.

SEC. 4504. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN 
              LANDS.

    Section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the 
first sentence, and by adding at the end the following:
    ``(b) Review of Major Federal Actions on Indian Lands.--
            ``(1) In general.--For any major Federal action on Indian 
        lands of an Indian tribe requiring the preparation of a 
        statement under subsection (a)(2)(C), the statement shall only 
        be available for review and comment by the members of the 
        Indian tribe and by any other individual residing within the 
        affected area.
            ``(2) Regulations.--The Chairman of the Council on 
        Environmental Quality shall develop regulations to implement 
        this section, including descriptions of affected areas for 
        specific major Federal actions, in consultation with Indian 
        tribes.
            ``(3) Definitions.--In this subsection, each of the terms 
        `Indian land' and `Indian tribe' has the meaning given that 
        term in section 2601 of the Energy Policy Act of 1992 (25 
        U.S.C. 3501).
            ``(4) Clarification of authority.--Nothing in the Native 
        American Energy Act, except section 5006 of that Act, shall 
        give the Secretary any additional authority over energy 
        projects on Alaska Native Claims Settlement Act lands.''.

SEC. 4505. JUDICIAL REVIEW.

    (a) Time for Filing Complaint.--Any energy related action must be 
filed not later than the end of the 60-day period beginning on the date 
of the final agency action. Any energy related action not filed within 
this time period shall be barred.
    (b) District Court Venue and Deadline.--All energy related 
actions--
            (1) shall be brought in the United States District Court 
        for the District of Columbia; and
            (2) shall be resolved as expeditiously as possible, and in 
        any event not more than 180 days after such cause of action is 
        filed.
    (c) Appellate Review.--An interlocutory order or final judgment, 
decree or order of the district court in an energy related action may 
be reviewed by the United States Court of Appeals for the District of 
Columbia Circuit. The District of Columbia Circuit Court of Appeals 
shall resolve such appeal as expeditiously as possible, and in any 
event not more than 180 days after such interlocutory order or final 
judgment, decree or order of the district court was issued.
    (d) Limitation on Certain Payments.--Notwithstanding section 1304 
of title 31, United States Code, no award may be made under section 504 
of title 5, United States Code, or under section 2412 of title 28, 
United States Code, and no amounts may be obligated or expended from 
the Claims and Judgment Fund of the United States Treasury to pay any 
fees or other expenses under such sections, to any person or party in 
an energy related action.
    (e) Legal Fees.--In any energy related action in which the 
plaintiff does not ultimately prevail, the court shall award to the 
defendant (including any intervenor-defendants), other than the United 
States, fees and other expenses incurred by that party in connection 
with the energy related action, unless the court finds that the 
position of the plaintiff was substantially justified or that special 
circumstances make an award unjust. Whether or not the position of the 
plaintiff was substantially justified shall be determined on the basis 
of the administrative record, as a whole, which is made in the energy 
related action for which fees and other expenses are sought.
    (f) Definitions.--For the purposes of this section, the following 
definitions apply:
            (1) Agency action.--The term ``agency action'' has the same 
        meaning given such term in section 551 of title 5, United 
        States Code.
            (2) Indian land.--The term ``Indian Land'' has the same 
        meaning given such term in section 203(c)(3) of the Energy 
        Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), 
        including lands owned by Native Corporations under the Alaska 
        Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 
        1601).
            (3) Energy related action.--The term ``energy related 
        action'' means a cause of action that--
                    (A) is filed on or after the effective date of this 
                Act; and
                    (B) seeks judicial review of a final agency action 
                to issue a permit, license, or other form of agency 
                permission allowing--
                            (i) any person or entity to conduct 
                        activities on Indian Land, which activities 
                        involve the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity; or
                            (ii) any Indian Tribe, or any organization 
                        of 2 or more entities, at least 1 of which is 
                        an Indian tribe, to conduct activities 
                        involving the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity, regardless of where such 
                        activities are undertaken.
            (4) Ultimately prevail.--The term ``ultimately prevail'' 
        means, in a final enforceable judgment, the court rules in the 
        party's favor on at least 1 cause of action that is an 
        underlying rationale for the preliminary injunction, 
        administrative stay, or other relief requested by the party, 
        and does not include circumstances where the final agency 
        action is modified or amended by the issuing agency unless such 
        modification or amendment is required pursuant to a final 
        enforceable judgment of the court or a court-ordered consent 
        decree.

SEC. 4506. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    The Tribal Forest Protection Act of 2004 is amended by inserting 
after section 2 (25 U.S.C. 3115a) the following:

``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    ``(a) In General.--For each of fiscal years 2015 through 2019, the 
Secretary shall enter into stewardship contracts or other agreements, 
other than agreements that are exclusively direct service contracts, 
with Indian tribes to carry out demonstration projects to promote 
biomass energy production (including biofuel, heat, and electricity 
generation) on Indian forest land and in nearby communities by 
providing reliable supplies of woody biomass from Federal land.
    ``(b) Definitions.--The definitions in section 2 shall apply to 
this section.
    ``(c) Demonstration Projects.--In each fiscal year for which 
projects are authorized, the Secretary shall enter into contracts or 
other agreements described in subsection (a) to carry out at least 4 
new demonstration projects that meet the eligibility criteria described 
in subsection (d).
    ``(d) Eligibility Criteria.--To be eligible to enter into a 
contract or other agreement under this subsection, an Indian tribe 
shall submit to the Secretary an application--
            ``(1) containing such information as the Secretary may 
        require; and
            ``(2) that includes a description of--
                    ``(A) the Indian forest land or rangeland under the 
                jurisdiction of the Indian tribe; and
                    ``(B) the demonstration project proposed to be 
                carried out by the Indian tribe.
    ``(e) Selection.--In evaluating the applications submitted under 
subsection (c), the Secretary--
            ``(1) shall take into consideration the factors set forth 
        in paragraphs (1) and (2) of section 2(e) of Public Law 108-
        278; and whether a proposed demonstration project would--
                    ``(A) increase the availability or reliability of 
                local or regional energy;
                    ``(B) enhance the economic development of the 
                Indian tribe;
                    ``(C) improve the connection of electric power 
                transmission facilities serving the Indian tribe with 
                other electric transmission facilities;
                    ``(D) improve the forest health or watersheds of 
                Federal land or Indian forest land or rangeland; or
                    ``(E) otherwise promote the use of woody biomass; 
                and
            ``(2) shall exclude from consideration any merchantable 
        logs that have been identified by the Secretary for commercial 
        sale.
    ``(f) Implementation.--The Secretary shall--
            ``(1) ensure that the criteria described in subsection (c) 
        are publicly available by not later than 120 days after the 
        date of enactment of this section; and
            ``(2) to the maximum extent practicable, consult with 
        Indian tribes and appropriate intertribal organizations likely 
        to be affected in developing the application and otherwise 
        carrying out this section.
    ``(g) Report.--Not later than September 20, 2015, the Secretary 
shall submit to Congress a report that describes, with respect to the 
reporting period--
            ``(1) each individual tribal application received under 
        this section; and
            ``(2) each contract and agreement entered into pursuant to 
        this section.
    ``(h) Incorporation of Management Plans.--In carrying out a 
contract or agreement under this section, on receipt of a request from 
an Indian tribe, the Secretary shall incorporate into the contract or 
agreement, to the extent practicable, management plans (including 
forest management and integrated resource management plans) in effect 
on the Indian forest land or rangeland of the respective Indian tribe.
    ``(i) Term.--A stewardship contract or other agreement entered into 
under this section--
            ``(1) shall be for a term of not more than 20 years; and
            ``(2) may be renewed in accordance with this section for 
        not more than an additional 10 years.''.

SEC. 4507. TRIBAL RESOURCE MANAGEMENT PLANS.

    Unless otherwise explicitly exempted by Federal law enacted after 
the date of the enactment of this Act, any activity conducted or 
resources harvested or produced pursuant to a tribal resource 
management plan or an integrated resource management plan approved by 
the Secretary of the Interior under the National Indian Forest 
Resources Management Act (25 U.S.C. 3101 et seq.) or the American 
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), 
shall be considered a sustainable management practice for purposes of 
any Federal standard, benefit, or requirement that requires a 
demonstration of such sustainability.

SEC. 4508. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.

    Subsection (e)(1) of the first section of the Act of August 9, 1955 
(25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing 
Act''), is amended--
            (1) by striking ``, except a lease for'' and inserting ``, 
        including leases for'';
            (2) in subparagraph (A), by striking ``25'' the first place 
        it appears and all that follows and inserting ``99 years;'';
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(C) in the case of a lease for the exploration, 
        development, or extraction of mineral resources, including 
        geothermal resources, 25 years, except that any such lease may 
        include an option to renew for one additional term not to 
        exceed 25 years.''.

SEC. 4509. NONAPPLICABILITY OF CERTAIN RULES.

    No rule promulgated by the Department of the Interior regarding 
hydraulic fracturing used in the development or production of oil or 
gas resources shall have any effect on any land held in trust or 
restricted status for the benefit of Indians except with the express 
consent of the beneficiary on whose behalf such land is held in trust 
or restricted status.

SEC. 4510. PERMITS FOR INCIDENTAL TAKE.

    Section 1 of the Act of June 8, 1940 (chapter 278; 16 U.S.C. 668), 
popularly known as the Bald and Golden Eagle Protection Act, is amended 
by adding at the end the following:
    ``(d) Permits for Incidental Take.--Upon submission of a 
substantially completed application, the Secretary shall issue or deny 
an eagle take permit for no less than 30 years under section 22.26 of 
title 50, Code of Federal Regulations, that authorizes taking of any 
bald eagle or golden eagle that is incidental to, but not the purpose 
of, an otherwise lawful activity. Failure to issue or deny such a 
permit within a reasonable time (which shall not exceed one year) is 
deemed issuance of such permit, and the applicant shall not be subject 
to liability for any incidental take of a bald eagle or golden eagle 
that is in conformity with the information submitted to the Secretary 
as part of the application for the permit.''.

SEC. 4511. MIGRATORY BIRD TREATY ACT.

    Section 6(a) of the Migratory Bird Treaty Act (16 U.S.C. 707(a)) is 
amended--
            (1) by striking ``shall'' the first and second place it 
        appears and inserting ``shall with intent knowingly''; and
            (2) by adding at the end the following: ``For the purposes 
        of this subsection, `with intent knowingly' does not include 
        any taking, killing, or other harm to any migratory bird that 
        is accidental or incidental to the presence or operation of an 
        otherwise lawful activity.''.

                    TITLE XIV--HYDRAULIC FRACTURING

    Subtitle A--State Authority for Hydraulic Fracturing Regulation

SEC. 5101. SHORT TITLE.

    This title may be cited as the ``Protecting States' Rights to 
Promote American Energy Security Act''.

SEC. 5102. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.

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

``SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.

    ``(a) In General.--The Department of the Interior shall not enforce 
any Federal regulation, guidance, or permit requirement regarding 
hydraulic fracturing, or any component of that process, relating to 
oil, gas, or geothermal production activities on or under any land in 
any State that has regulations, guidance, or permit requirements for 
that activity.
    ``(b) State Authority.--The Department of the Interior shall 
recognize and defer to State regulations, permitting, and guidance, for 
all activities related to hydraulic fracturing, or any component of 
that process, relating to oil, gas, or geothermal production activities 
on Federal land.
    ``(c) Transparency of State Regulations.--
            ``(1) In general.--Each State shall submit to the Bureau of 
        Land Management a copy of its regulations that apply to 
        hydraulic fracturing operations on Federal land.
            ``(2) Availability.--The Secretary of the Interior shall 
        make available to the public State regulations submitted under 
        this subsection.
    ``(d) Transparency of State Disclosure Requirements.--
            ``(1) In general.--Each State shall submit to the Bureau of 
        Land Management a copy of any regulations of the State that 
        require disclosure of chemicals used in hydraulic fracturing 
        operations on Federal land.
            ``(2) Availability.--The Secretary of the Interior shall 
        make available to the public State regulations submitted under 
        this subsection.
    ``(e) Hydraulic Fracturing Defined.--In this section the term 
`hydraulic fracturing' means the process by which fracturing fluids (or 
a fracturing fluid system) are pumped into an underground geologic 
formation at a calculated, predetermined rate and pressure to generate 
fractures or cracks in the target formation and thereby increase the 
permeability of the rock near the wellbore and improve production of 
natural gas or oil.''.

SEC. 5103. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study examining the economic benefits of domestic shale oil 
and gas production resulting from the process of hydraulic fracturing. 
This study shall include identification of--
            (1) State and Federal revenue generated as a result of 
        shale gas production;
            (2) jobs created both directly and indirectly as a result 
        of shale oil and gas production; and
            (3) an estimate of potential energy prices without domestic 
        shale oil and gas production.
    (b) Report.--The Comptroller General shall submit a report on the 
findings of such study to the Committee on Natural Resources of the 
House of Representatives within 30 days after completion of the study.

SEC. 5104. TRIBAL AUTHORITY ON TRUST LAND.

    The Department of the Interior shall not enforce any Federal 
regulation, guidance, or permit requirement regarding the process of 
hydraulic fracturing (as that term is defined in section 44 of the 
Mineral Leasing Act, as amended by section 5102 of this title), or any 
component of that process, relating to oil, gas, or geothermal 
production activities on any land held in trust or restricted status 
for the benefit of Indians except with the express consent of the 
beneficiary on whose behalf such land is held in trust or restricted 
status.

             Subtitle B--EPA Hydraulic Fracturing Research

SEC. 5201. SHORT TITLE.

    This title may be cited as the ``EPA Hydraulic Fracturing Study 
Improvement Act''.

SEC. 5202. EPA HYDRAULIC FRACTURING RESEARCH.

    In conducting its study of the potential impacts of hydraulic 
fracturing on drinking water resources, with respect to which a request 
for information was issued under Federal Register, Vol. 77, No. 218, 
the Administrator of the Environmental Protection Agency shall adhere 
to the following requirements:
            (1) Peer review and information quality.--Prior to issuance 
        and dissemination of any final report or any interim report 
        summarizing the Environmental Protection Agency's research on 
        the relationship between hydraulic fracturing and drinking 
        water, the Administrator shall--
                    (A) consider such reports to be Highly Influential 
                Scientific Assessments and require peer review of such 
                reports in accordance with guidelines governing such 
                assessments, as described in--
                            (i) the Environmental Protection Agency's 
                        Peer Review Handbook 3rd Edition;
                            (ii) the Environmental Protection Agency's 
                        Scientific Integrity Policy, as in effect on 
                        the date of enactment of this Act; and
                            (iii) the Office of Management and Budget's 
                        Peer Review Bulletin, as in effect on the date 
                        of enactment of this Act; and
                    (B) require such reports to meet the standards and 
                procedures for the dissemination of influential 
                scientific, financial, or statistical information set 
                forth in the Environmental Protection Agency's 
                Guidelines for Ensuring and Maximizing the Quality, 
                Objectivity, Utility, and Integrity of Information 
                Disseminated by the Environmental Protection Agency, 
                developed in response to guidelines issued by the 
                Office of Management and Budget under section 515(a) of 
                the Treasury and General Government Appropriations Act 
                for Fiscal Year 2001 (Public Law 106-554).
            (2) Probability, uncertainty, and consequence.--In order to 
        maximize the quality and utility of information developed 
        through the study, the Administrator shall ensure that 
        identification of the possible impacts of hydraulic fracturing 
        on drinking water resources included in such reports be 
        accompanied by objective estimates of the probability, 
        uncertainty, and consequence of each identified impact, taking 
        into account the risk management practices of States and 
        industry. Estimates or descriptions of probability, 
        uncertainty, and consequence shall be as quantitative as 
        possible given the validity, accuracy, precision, and other 
        quality attributes of the underlying data and analyses, but no 
        more quantitative than the data and analyses can support.
            (3) Release of final report.--The final report shall be 
        publicly released by September 30, 2016.

                  Subtitle C--Miscellaneous Provisions

SEC. 5301. REVIEW OF STATE ACTIVITIES.

    The Secretary of the Interior shall annually review and report to 
Congress on all State activities relating to hydraulic fracturing.

                   TITLE XV--NORTHERN ROUTE APPROVAL

SEC. 6001. SHORT TITLE.

    This title may be cited as the ``Northern Route Approval Act''.

SEC. 6002. FINDINGS.

    The Congress finds the following:
            (1) To maintain our Nation's competitive edge and ensure an 
        economy built to last, the United States must have fast, 
        reliable, resilient, and environmentally sound means of moving 
        energy. In a global economy, we will compete for the world's 
        investments based in significant part on the quality of our 
        infrastructure. Investing in the Nation's infrastructure 
        provides immediate and long-term economic benefits for local 
        communities and the Nation as a whole.
            (2) The delivery of oil from Canada, a close ally not only 
        in proximity but in shared values and ideals, to domestic 
        markets is in the national interest because of the need to 
        lessen dependence upon insecure foreign sources.
            (3) The Keystone XL pipeline would provide both short-term 
        and long-term employment opportunities and related labor income 
        benefits, such as government revenues associated with taxes.
            (4) The State of Nebraska has thoroughly reviewed and 
        approved the proposed Keystone XL pipeline reroute, concluding 
        that the concerns of Nebraskans have had a major influence on 
        the pipeline reroute and that the reroute will have minimal 
        environmental impacts.
            (5) The Department of State and other Federal agencies have 
        over a long period of time conducted extensive studies and 
        analysis of the technical aspects and of the environmental, 
        social, and economic impacts of the proposed Keystone XL 
        pipeline, and--
                    (A) the Department of State assessments found that 
                the Keystone XL pipeline ``is not likely to impact the 
                amount of crude oil produced from the oil sands'' and 
                that ``approval or denial of the proposed project is 
                unlikely to have a substantial impact on the rate of 
                development in the oil sands'';
                    (B) the Department of State found that incremental 
                life-cycle greenhouse gas emissions associated with the 
                Keystone XL project are estimated in the range of 0.07 
                to 0.83 million metric tons of carbon dioxide 
                equivalents, with the upper end of this range 
                representing twelve one-thousandths of one percent of 
                the 6,702 million metric tons of carbon dioxide emitted 
                in the United States in 2011; and
                    (C) after extensive evaluation of potential impacts 
                to land and water resources along the Keystone XL 
                pipeline's 875-mile proposed route, the Department of 
                State found that ``The analyses of potential impacts 
                associated with construction and normal operation of 
                the proposed Project suggest that there would be no 
                significant impacts to most resources along the 
                proposed Project route (assuming Keystone complies with 
                all laws and required conditions and measures).''.
            (6) The transportation of oil via pipeline is the safest 
        and most economically and environmentally effective means of 
        doing so, and--
                    (A) transportation of oil via pipeline has a record 
                of unmatched safety and environmental protection, and 
                the Department of State found that ``Spills associated 
                with the proposed Project that enter the environment 
                expected to be rare and relatively small'', and that 
                ``there is no evidence of increased corrosion or other 
                pipeline threat due to viscosity'' of diluted bitumen 
                oil that will be transported by the Keystone XL 
                pipeline; and
                    (B) plans to incorporate 57 project-specific 
                special conditions related to the design, construction, 
                and operations of the Keystone XL pipeline led the 
                Department of State to find that the pipeline will have 
                ``a degree of safety over any other typically 
                constructed domestic oil pipeline''.
            (7) The Keystone XL is in much the same position today as 
        the Alaska Pipeline in 1973 prior to congressional action. Once 
        again, the Federal regulatory process remains an insurmountable 
        obstacle to a project that is likely to reduce oil imports from 
        insecure foreign sources.

SEC. 6003. KEYSTONE XL PERMIT APPROVAL.

    Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note), 
Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, 
United States Code, and any other Executive order or provision of law, 
no Presidential permit shall be required for the pipeline described in 
the application filed on May 4, 2012, by TransCanada Keystone Pipeline, 
L.P. to the Department of State for the Keystone XL pipeline, as 
supplemented to include the Nebraska reroute evaluated in the Final 
Evaluation Report issued by the Nebraska Department of Environmental 
Quality in January 2013 and approved by the Nebraska governor. The 
final environmental impact statement issued by the Secretary of State 
on August 26, 2011, coupled with the Final Evaluation Report described 
in the previous sentence, shall be considered to satisfy all 
requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16 
U.S.C. 470 et seq.).

SEC. 6004. JUDICIAL REVIEW.

    (a) Exclusive Jurisdiction.--Except for review by the Supreme Court 
on writ of certiorari, the United States Court of Appeals for the 
District of Columbia Circuit shall have original and exclusive 
jurisdiction to determine--
            (1) the validity of any final order or action (including a 
        failure to act) of any Federal agency or officer with respect 
        to issuance of a permit relating to the construction or 
        maintenance of the Keystone XL pipeline, including any final 
        order or action deemed to be taken, made, granted, or issued;
            (2) the constitutionality of any provision of this title, 
        or any decision or action taken, made, granted, or issued, or 
        deemed to be taken, made, granted, or issued under this title; 
        or
            (3) the adequacy of any environmental impact statement 
        prepared under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), or of any analysis under any other 
        Act, with respect to any action taken, made, granted, or 
        issued, or deemed to be taken, made, granted, or issued under 
        this title.
    (b) Deadline for Filing Claim.--A claim arising under this title 
may be brought not later than 60 days after the date of the decision or 
action giving rise to the claim.
    (c) Expedited Consideration.--The United States Court of Appeals 
for the District of Columbia Circuit shall set any action brought under 
subsection (a) for expedited consideration, taking into account the 
national interest of enhancing national energy security by providing 
access to the significant oil reserves in Canada that are needed to 
meet the demand for oil.

SEC. 6005. AMERICAN BURYING BEETLE.

    (a) Findings.--The Congress finds that--
            (1) environmental reviews performed for the Keystone XL 
        pipeline project satisfy the requirements of section 7 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) in its 
        entirety; and
            (2) for purposes of that Act, the Keystone XL pipeline 
        project will not jeopardize the continued existence of the 
        American burying beetle or destroy or adversely modify American 
        burying beetle critical habitat.
    (b) Biological Opinion.--The Secretary of the Interior is deemed to 
have issued a written statement setting forth the Secretary's opinion 
containing such findings under section 7(b)(1)(A) of the Endangered 
Species Act of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the 
American burying beetle that is incidental to the construction or 
operation and maintenance of the Keystone XL pipeline as it may be 
ultimately defined in its entirety, shall not be considered a 
prohibited taking of such species under such Act.

SEC. 6006. RIGHT-OF-WAY AND TEMPORARY USE PERMIT.

    The Secretary of the Interior is deemed to have granted or issued a 
grant of right-of-way and temporary use permit under section 28 of the 
Mineral Leasing Act (30 U.S.C. 185) and the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth in the 
application tendered to the Bureau of Land Management for the Keystone 
XL pipeline.

SEC. 6007. PERMITS FOR ACTIVITIES IN NAVIGABLE WATERS.

    (a) Issuance of Permits.--The Secretary of the Army, not later than 
90 days after receipt of an application therefor, shall issue all 
permits under section 404 of the Federal Water Pollution Control Act 
(33 U.S.C. 1344) and section 10 of the Act of March 3, 1899 (33 U.S.C. 
403; commonly known as the Rivers and Harbors Appropriations Act of 
1899), necessary for the construction, operation, and maintenance of 
the pipeline described in the May 4, 2012, application referred to in 
section 6003, as supplemented by the Nebraska reroute. The application 
shall be based on the administrative record for the pipeline as of the 
date of enactment of this Act, which shall be considered complete.
    (b) Waiver of Procedural Requirements.--The Secretary may waive any 
procedural requirement of law or regulation that the Secretary 
considers desirable to waive in order to accomplish the purposes of 
this section.
    (c) Issuance in Absence of Action by the Secretary.--If the 
Secretary has not issued a permit described in subsection (a) on or 
before the last day of the 90-day period referred to in subsection (a), 
the permit shall be deemed issued under section 404 of the Federal 
Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act 
of March 3, 1899 (33 U.S.C. 403), as appropriate, on the day following 
such last day.
    (d) Limitation.--The Administrator of the Environmental Protection 
Agency may not prohibit or restrict an activity or use of an area that 
is authorized under this section.

SEC. 6008. MIGRATORY BIRD TREATY ACT PERMIT.

    The Secretary of the Interior is deemed to have issued a special 
purpose permit under the Migratory Bird Treaty Act (16 U.S.C. 703 et 
seq.), as described in the application filed with the United States 
Fish and Wildlife Service for the Keystone XL pipeline on January 11, 
2013.

SEC. 6009. OIL SPILL RESPONSE PLAN DISCLOSURE.

    (a) In General.--Any pipeline owner or operator required under 
Federal law to develop an oil spill response plan for the Keystone XL 
pipeline shall make such plan available to the Governor of each State 
in which such pipeline operates to assist with emergency response 
preparedness.
    (b) Updates.--A pipeline owner or operator required to make 
available to a Governor a plan under subsection (a) shall make 
available to such Governor any update of such plan not later than 7 
days after the date on which such update is made.

   TITLE XVI--RELIEF FROM EPA CLIMATE CHANGE REGULATIONS AND FEDERAL 
                    PROHIBITIONS ON SYNTHETIC FUELS

SEC. 7001. REPEAL OF EPA CLIMATE CHANGE REGULATION.

    (a) Greenhouse Gas Regulation Under Clean Air Act.--Section 302(g) 
of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the 
following at the end thereof: ``The term `air pollutant' shall not 
include carbon dioxide, water vapor, methane, nitrous oxide, 
hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.''.
    (b) No Regulation of Climate Change.--Nothing in the Clean Air Act 
(42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.), shall be treated as authorizing or requiring the regulation of 
climate change or global warming.

SEC. 7002. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS PURCHASING 
              REQUIREMENT.

    Section 526 of the Energy Independence and Security Act of 2007 
(Public Law 110-140; 121 Stat. 1663; 42 U.S.C. 17142) is repealed.

SEC. 7003. SENSE OF CONGRESS OPPOSING CARBON TAX.

    It is the sense of the Congress that a carbon tax--
            (1) would be detrimental to American families and 
        businesses; and
            (2) is not in the best interest of the United States.

SEC. 7004. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.

    (a) In General.--Notwithstanding any other provision of law or any 
executive order, the Administrator of the Environmental Protection 
Agency may not use the social cost of carbon in order to incorporate 
social benefits of reducing carbon dioxide emissions, or for any other 
reason, in any cost-benefit analysis relating to an energy-related 
rule.
    (b) Definition.--In this section, the term ``social cost of 
carbon'' means the social cost of carbon as described in the technical 
support document entitled ``Technical Support Document: Technical 
Update of the Social Cost of Carbon for Regulatory Impact Analysis 
Under Executive Order 12866'', published by the Interagency Working 
Group on Social Cost of Carbon, United States Government, in May 2013, 
or any successor or substantially related document, or any other 
estimate of the monetized damages associated with an incremental 
increase in carbon dioxide emissions in a given year.

           TITLE XVII--ADDRESSING THE PRESIDENT'S WAR ON COAL

    Subtitle A--Management and Disposal of Coal Combustion Residuals

SEC. 8001. SHORT TITLE.

    This subtitle may be cited as the ``Coal Residuals Reuse and 
Management Act of 2014''.

SEC. 8002. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding at the end the following:

``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

    ``(a) State Permit Programs for Coal Combustion Residuals.--Each 
State may adopt, implement, and enforce a coal combustion residuals 
permit program if such State provides the notification required under 
subsection (b)(1), and the certification required under subsection 
(b)(2).
    ``(b) State Actions.--
            ``(1) Notification.--Not later than 6 months after the date 
        of enactment of this section (except as provided by the 
        deadline identified under subsection (d)(3)(B)), the Governor 
        of each State shall notify the Administrator, in writing, 
        whether such State will adopt and implement a coal combustion 
        residuals permit program.
            ``(2) Certification.--
                    ``(A) In general.--Not later than 36 months after 
                the date of enactment of this section (except as 
                provided in subsection (f)(1)(A)), in the case of a 
                State that has notified the Administrator that it will 
                implement a coal combustion residuals permit program, 
                the head of the lead State implementing agency shall 
                submit to the Administrator a certification that such 
                coal combustion residuals permit program meets the 
                requirements described in subsection (c).
                    ``(B) Contents.--A certification submitted under 
                this paragraph shall include--
                            ``(i) a letter identifying the lead State 
                        implementing agency, signed by the head of such 
                        agency;
                            ``(ii) identification of any other State 
                        agencies involved with the implementation of 
                        the coal combustion residuals permit program;
                            ``(iii) an explanation of how the State 
                        coal combustion residuals permit program meets 
                        the requirements of this section, including a 
                        description of the State's--
                                    ``(I) process to inspect or 
                                otherwise determine compliance with 
                                such permit program;
                                    ``(II) process to enforce the 
                                requirements of such permit program;
                                    ``(III) public participation 
                                process for the promulgation, 
                                amendment, or repeal of regulations 
                                for, and the issuance of permits under, 
                                such permit program;
                                    ``(IV) statutes, regulations, or 
                                policies pertaining to public access to 
                                information, such as groundwater 
                                monitoring data; and
                                    ``(V) statutes, regulations, or 
                                policies pertaining to structural 
                                integrity or dam safety that may be 
                                applied to structures through such 
                                permit program;
                            ``(iv) a certification that the State has 
                        in effect, at the time of certification, 
                        statutes or regulations necessary to implement 
                        a coal combustion residuals permit program that 
                        meets the requirements described in subsection 
                        (c);
                            ``(v) copies of State statutes and 
                        regulations described in clause (iv); and
                            ``(vi) an emergency action plan for State 
                        response to a leak or spill at a structure that 
                        receives coal combustion residuals.
                    ``(C) Updates.--A State may update the 
                certification as needed to reflect changes to the coal 
                combustion residuals permit program.
            ``(3) Maintenance of 4005(c) or 3006 program.--In order to 
        adopt or implement a coal combustion residuals permit program 
        under this section (including pursuant to subsection (f)), the 
        State implementing agency shall maintain an approved permit 
        program or other system of prior approval and conditions under 
        section 4005(c) or an authorized program under section 3006.
    ``(c) Requirements for a Coal Combustion Residuals Permit 
Program.--A coal combustion residuals permit program shall consist of 
the following:
            ``(1) General requirements.--
                    ``(A) In general.--The implementing agency shall--
                            ``(i) apply the subset of the revised 
                        criteria described in paragraph (2) to owners 
                        or operators of structures, including surface 
                        impoundments, that receive coal combustion 
                        residuals on or after the date of enactment of 
                        this section;
                            ``(ii) with respect to structures that are 
                        receiving coal combustion residuals as of the 
                        date of enactment of this section, take the 
                        actions required under paragraph (3);
                            ``(iii) impose requirements for surface 
                        impoundments that do not meet certain criteria 
                        pursuant to paragraph (4); and
                            ``(iv) require that closure of structures 
                        occur in accordance with paragraph (5).
                    ``(B) Structural integrity.--
                            ``(i) Engineering certification.--The 
                        implementing agency shall require that an 
                        independent registered professional engineer 
                        certify that--
                                    ``(I) the design of each structure 
                                that receives coal combustion residuals 
                                on or after the date of enactment of 
                                this section is in accordance with 
                                recognized and generally accepted good 
                                engineering practices for containment 
                                of the maximum volume of coal 
                                combustion residuals and liquids which 
                                can be impounded therein; and
                                    ``(II) the construction and 
                                maintenance of the structure will 
                                ensure structural stability.
                            ``(ii) Emergency action plan.--The 
                        implementing agency shall require that the 
                        owner or operator of any structure that is a 
                        surface impoundment that receives coal 
                        combustion residuals on or after the date of 
                        enactment of this section and that is 
                        classified by the State as posing a high hazard 
                        potential pursuant to the guidelines published 
                        by the Federal Emergency Management Agency 
                        entitled `Federal Guidelines for Dam Safety: 
                        Hazard Potential Classification System for 
                        Dams' (FEMA Publication Number 333) prepare and 
                        maintain an emergency action plan that 
                        identifies responsible persons and actions to 
                        be taken in the event of a dam safety 
                        emergency.
                            ``(iii) Inspection.--
                                    ``(I) In general.--The implementing 
                                agency shall require that structures 
                                that are surface impoundments that 
                                receive coal combustion residuals on or 
                                after the date of enactment of this 
                                section be inspected not less than 
                                annually by an independent registered 
                                professional engineer to assure that 
                                the design, operation, and maintenance 
                                of the surface impoundment is in 
                                accordance with recognized and 
                                generally accepted good engineering 
                                practices for containment of the 
                                maximum volume of coal combustion 
                                residuals and liquids which can be 
                                impounded therein, so as to ensure dam 
                                stability.
                                    ``(II) Potentially hazardous 
                                conditions.--The implementing agency 
                                shall require that if an inspection 
                                under subclause (I), or a periodic 
                                evaluation under clause (iv), reveals a 
                                potentially hazardous condition, the 
                                owner or operator of the structure 
                                shall immediately take action to 
                                mitigate the potentially hazardous 
                                condition and notify appropriate State 
                                and local first responders.
                            ``(iv) Periodic evaluation.--The 
                        implementing agency shall require that 
                        structures that are surface impoundments that 
                        receive coal combustion residuals on or after 
                        the date of enactment of this section be 
                        periodically evaluated for appearances of 
                        structural weakness.
                            ``(v) Deficiency.--
                                    ``(I) In general.--If the head of 
                                the implementing agency determines that 
                                a structure is deficient with respect 
                                to the requirements in clause (i), 
                                (iii), or (iv), the head of the agency 
                                has the authority to require action to 
                                correct the deficiency according to a 
                                schedule determined by the agency.
                                    ``(II) Uncorrected deficiencies.--
                                If a deficiency is not corrected 
                                according to the schedule, the head of 
                                the implementing agency has the 
                                authority to require that the structure 
                                close in accordance with paragraph (5).
                                    ``(III) Dam safety consultation.--
                                In the case of a structure that is a 
                                surface impoundment, the head of the 
                                implementing agency shall, in making a 
                                determination under subclause (I), 
                                consult with appropriate State dam 
                                safety officials.
                    ``(C) Location.--The implementing agency shall 
                require that structures that first receive coal 
                combustion residuals on or after the date of enactment 
                of this section shall be constructed with a base 
                located a minimum of 2 feet above the upper limit of 
                the water table, unless it is demonstrated to the 
                satisfaction of the implementing agency that--
                            ``(i) the hydrogeologic characteristics of 
                        a structure and surrounding land would preclude 
                        such a requirement; and
                            ``(ii) the function and integrity of the 
                        liner system will not be adversely impacted by 
                        contact with the water table.
                    ``(D) Wind dispersal.--
                            ``(i) In general.--The implementing agency 
                        shall require that owners or operators of 
                        structures that receive coal combustion 
                        residuals on or after the date of enactment of 
                        this section address wind dispersal of dust by 
                        requiring cover, or by wetting coal combustion 
                        residuals with water to a moisture content that 
                        prevents wind dispersal, facilitates 
                        compaction, and does not result in free 
                        liquids.
                            ``(ii) Alternative methods.--Subject to the 
                        review and approval by the implementing agency, 
                        owners or operators of structures that receive 
                        coal combustion residuals on or after the date 
                        of enactment of this section may propose 
                        alternative methods to address wind dispersal 
                        of dust that will provide comparable or more 
                        effective control of dust.
                    ``(E) Permits.--The implementing agency shall 
                require that owners or operators of structures that 
                receive coal combustion residuals on or after the date 
                of enactment of this section apply for and obtain 
                permits incorporating the requirements of the coal 
                combustion residuals permit program.
                    ``(F) Public availability of information.--Except 
                for information with respect to which disclosure is 
                prohibited under section 1905 of title 18, United 
                States Code, the implementing agency shall ensure 
                that--
                            ``(i) documents for permit determinations 
                        are made available for public review and 
                        comment under the public participation process 
                        described in subsection (b)(2)(B)(iii)(III) or 
                        in subsection (e)(6), as applicable;
                            ``(ii) final determinations on permit 
                        applications are made known to the public; and
                            ``(iii) groundwater monitoring data 
                        collected under paragraph (2) is publicly 
                        available.
                    ``(G) Agency authority.--
                            ``(i) In general.--The implementing agency 
                        has the authority to--
                                    ``(I) obtain information necessary 
                                to determine whether the owner or 
                                operator of a structure is in 
                                compliance with the requirements of 
                                this subsection;
                                    ``(II) conduct or require 
                                monitoring and testing to ensure that 
                                structures are in compliance with the 
                                requirements of this subsection; and
                                    ``(III) enter, at reasonable times, 
                                any site or premise subject to the coal 
                                combustion residuals permit program for 
                                the purpose of inspecting structures 
                                and reviewing records relevant to the 
                                design, operation, and maintenance of 
                                structures.
                            ``(ii) Monitoring and testing.--If 
                        monitoring or testing is conducted under clause 
                        (i)(II) by or for the implementing agency, the 
                        implementing agency shall, if requested, 
                        provide to the owner or operator--
                                    ``(I) a written description of the 
                                monitoring or testing completed;
                                    ``(II) at the time of sampling, a 
                                portion of each sample equal in volume 
                                or weight to the portion retained by or 
                                for the implementing agency; and
                                    ``(III) a copy of the results of 
                                any analysis of samples collected by or 
                                for the implementing agency.
            ``(2) Revised criteria.--The subset of the revised criteria 
        referred to in paragraph (1)(A)(i) are as follows:
                    ``(A) Design requirements.--For new structures, and 
                lateral expansions of existing structures, that first 
                receive coal combustion residuals on or after the date 
                of enactment of this section, the revised criteria 
                regarding design requirements described in section 
                258.40 of title 40, Code of Federal Regulations, except 
                that the leachate collection system requirements 
                described in section 258.40(a)(2) of title 40, Code of 
                Federal Regulations, do not apply to structures that 
                are surface impoundments.
                    ``(B) Groundwater monitoring and corrective 
                action.--For all structures that receive coal 
                combustion residuals on or after the date of enactment 
                of this section, the revised criteria regarding 
                groundwater monitoring and corrective action 
                requirements described in subpart E of part 258 of 
                title 40, Code of Federal Regulations, except that, for 
                the purposes of this subparagraph, the revised criteria 
                shall also include--
                            ``(i) for the purposes of detection 
                        monitoring, the constituents boron, chloride, 
                        conductivity, fluoride, mercury, pH, sulfate, 
                        sulfide, and total dissolved solids; and
                            ``(ii) for the purposes of assessment 
                        monitoring, establishing a groundwater 
                        protection standard, and assessment of 
                        corrective measures, the constituents aluminum, 
                        boron, chloride, fluoride, iron, manganese, 
                        molybdenum, pH, sulfate, and total dissolved 
                        solids.
                    ``(C) Closure.--For all structures that receive 
                coal combustion residuals on or after the date of 
                enactment of this section, in a manner consistent with 
                paragraph (5), the revised criteria for closure 
                described in subsections (a) through (c) and (h) 
                through (j) of section 258.60 of title 40, Code of 
                Federal Regulations.
                    ``(D) Post-closure.--For all structures that 
                receive coal combustion residuals on or after the date 
                of enactment of this section, the revised criteria for 
                post-closure care described in section 258.61 of title 
                40, Code of Federal Regulations, except for the 
                requirement described in subsection (a)(4) of that 
                section.
                    ``(E) Location restrictions.--The revised criteria 
                for location restrictions described in--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals on or after 
                        the date of enactment of this section, sections 
                        258.11 through 258.15 of title 40, Code of 
                        Federal Regulations; and
                            ``(ii) for existing structures that receive 
                        coal combustion residuals on or after the date 
                        of enactment of this section, sections 258.11 
                        and 258.15 of title 40, Code of Federal 
                        Regulations.
                    ``(F) Air quality.--For all structures that receive 
                coal combustion residuals on or after the date of 
                enactment of this section, the revised criteria for air 
                quality described in section 258.24 of title 40, Code 
                of Federal Regulations.
                    ``(G) Financial assurance.--For all structures that 
                receive coal combustion residuals on or after the date 
                of enactment of this section, the revised criteria for 
                financial assurance described in subpart G of part 258 
                of title 40, Code of Federal Regulations.
                    ``(H) Surface water.--For all structures that 
                receive coal combustion residuals on or after the date 
                of enactment of this section, the revised criteria for 
                surface water described in section 258.27 of title 40, 
                Code of Federal Regulations.
                    ``(I) Recordkeeping.--For all structures that 
                receive coal combustion residuals on or after the date 
                of enactment of this section, the revised criteria for 
                recordkeeping described in section 258.29 of title 40, 
                Code of Federal Regulations.
                    ``(J) Run-on and run-off control systems for land-
                based units.--For all landfills and other land-based 
                units, other than surface impoundments, that receive 
                coal combustion residuals on or after the date of 
                enactment of this section, the revised criteria for 
                run-on and run-off control systems described in section 
                258.26 of title 40, Code of Federal Regulations.
                    ``(K) Run-off control systems for surface 
                impoundments.--For all surface impoundments that 
                receive coal combustion residuals on or after the date 
                of enactment of this section, the revised criteria for 
                run-off control systems described in section 
                258.26(a)(2) of title 40, Code of Federal Regulations.
            ``(3) Permit program implementation for existing 
        structures.--
                    ``(A) Notification.--Not later than the date on 
                which a State submits a certification under subsection 
                (b)(2), not later than 30 months after the 
                Administrator receives notice under subsection 
                (e)(1)(A), or not later than 36 months after the date 
                of enactment of this section with respect to a coal 
                combustion residuals permit program that is being 
                implemented by the Administrator under subsection 
                (e)(3), as applicable, the implementing agency shall 
                notify owners or operators of structures that are 
                receiving coal combustion residuals as of the date of 
                enactment of this section within the State of--
                            ``(i) the obligation to apply for and 
                        obtain a permit under subparagraph (C); and
                            ``(ii) the requirements referred to in 
                        subparagraph (B).
                    ``(B) Compliance with certain requirements.--Not 
                later than 12 months after the date on which a State 
                submits a certification under subsection (b)(2), not 
                later than 42 months after the Administrator receives 
                notice under subsection (e)(1)(A), or not later than 48 
                months after the date of enactment of this section with 
                respect to a coal combustion residuals permit program 
                that is being implemented by the Administrator under 
                subsection (e)(3), as applicable, the implementing 
                agency shall require owners or operators of structures 
                that are receiving coal combustion residuals as of the 
                date of enactment of this section to comply with--
                            ``(i) the requirements under paragraphs 
                        (1)(B)(ii) and (iii), (1)(D), (2)(B), (2)(F), 
                        (2)(H), (2)(J), and (2)(K); and
                            ``(ii) the groundwater recordkeeping 
                        requirement described in section 258.29(a)(5) 
                        of title 40, Code of Federal Regulations.
                    ``(C)  Permits.--
                            ``(i) Permit deadline.--Not later than 48 
                        months after the date on which a State submits 
                        a certification under subsection (b)(2), not 
                        later than 78 months after the Administrator 
                        receives notice under subsection (e)(1)(A), or 
                        not later than 84 months after the date of 
                        enactment of this section with respect to a 
                        coal combustion residuals permit program that 
                        is being implemented by the Administrator under 
                        subsection (e)(3), as applicable, the 
                        implementing agency shall issue, with respect 
                        to a structure that is receiving coal 
                        combustion residuals as of the date of 
                        enactment of this section, a final permit 
                        incorporating the requirements of the coal 
                        combustion residuals permit program, or a final 
                        denial for an application submitted requesting 
                        such a permit.
                            ``(ii) Application deadline.--The 
                        implementing agency shall identify, in 
                        collaboration with the owner or operator of a 
                        structure described in clause (i), a reasonable 
                        deadline by which the owner or operator shall 
                        submit a permit application under such clause.
                    ``(D) Interim operation.--
                            ``(i) Prior to deadlines.--With respect to 
                        any period of time on or after the date of 
                        enactment of this section but prior to the 
                        applicable deadline in subparagraph (B), the 
                        owner or operator of a structure that is 
                        receiving coal combustion residuals as of the 
                        date of enactment of this section may continue 
                        to operate such structure until such applicable 
                        deadline under the applicable authority in 
                        effect.
                            ``(ii) Prior to permit.--Unless the 
                        implementing agency determines that the 
                        structure should close pursuant to paragraph 
                        (5), if the owner or operator of a structure 
                        that is receiving coal combustion residuals as 
                        of the date of enactment of this section meets 
                        the requirements referred to in subparagraph 
                        (B) by the applicable deadline in such 
                        subparagraph, the owner or operator may operate 
                        the structure until such time as the 
                        implementing agency issues, under subparagraph 
                        (C), a final permit incorporating the 
                        requirements of the coal combustion residuals 
                        permit program, or a final denial for an 
                        application submitted requesting such a permit.
            ``(4) Requirements for surface impoundments that do not 
        meet certain criteria.--
                    ``(A) Surface impoundments that require assessment 
                of corrective measures within 10 years of the date of 
                enactment.--
                            ``(i) In general.--In addition to the 
                        groundwater monitoring and corrective action 
                        requirements described in paragraph (2)(B), the 
                        implementing agency shall require a surface 
                        impoundment that receives coal combustion 
                        residuals on or after the date of enactment of 
                        this section to comply with the requirements in 
                        clause (ii) of this subparagraph and clauses 
                        (i) and (ii) of subparagraph (D) if the surface 
                        impoundment--
                                    ``(I) does not--
                                            ``(aa) have a liner system 
                                        described in section 258.40(b) 
                                        of title 40, Code of Federal 
                                        Regulations; and
                                            ``(bb) meet the design 
                                        criteria described in section 
                                        258.40(a)(1) of title 40, Code 
                                        of Federal Regulations; and
                                    ``(II) within 10 years after the 
                                date of enactment of this section, is 
                                required under section 258.56(a) of 
                                title 40, Code of Federal Regulations, 
                                to undergo an assessment of corrective 
                                measures for any constituent covered 
                                under subpart E of part 258 of title 
                                40, Code of Federal Regulations, or 
                                otherwise identified in paragraph 
                                (2)(B)(ii) of this subsection, for 
                                which assessment groundwater monitoring 
                                is required.
                            ``(ii) Deadline to meet groundwater 
                        protection standard.--Except as provided in 
                        subparagraph (C), the implementing agency shall 
                        require that the groundwater protection 
                        standard, for surface impoundments identified 
                        in clause (i) of this subparagraph, established 
                        by the implementing agency under section 
                        258.55(h) or 258.55(i) of title 40, Code of 
                        Federal Regulations, for any constituent for 
                        which corrective measures are required shall be 
                        met--
                                    ``(I) as soon as practicable at the 
                                relevant point of compliance, as 
                                described in section 258.40(d) of title 
                                40, Code of Federal Regulations; and
                                    ``(II) not later than 10 years 
                                after the date of enactment of this 
                                section.
                    ``(B) Surface impoundments subject to a state 
                corrective action requirement as of the date of 
                enactment.--
                            ``(i) In general.--In addition to the 
                        groundwater monitoring and corrective action 
                        requirements described in paragraph (2)(B), the 
                        implementing agency shall require a surface 
                        impoundment that receives coal combustion 
                        residuals on or after the date of enactment of 
                        this section to comply with the requirements in 
                        clause (ii) of this subparagraph and clauses 
                        (i) and (ii) of subparagraph (D) if the surface 
                        impoundment--
                                    ``(I) does not--
                                            ``(aa) have a liner system 
                                        described in section 258.40(b) 
                                        of title 40, Code of Federal 
                                        Regulations; and
                                            ``(bb) meet the design 
                                        criteria described in section 
                                        258.40(a)(1) of title 40, Code 
                                        of Federal Regulations; and
                                    ``(II) as of the date of enactment 
                                of this section, is subject to a State 
                                corrective action requirement.
                            ``(ii) Deadline to meet groundwater 
                        protection standard.--Except as provided in 
                        subparagraph (C), the implementing agency shall 
                        require that the groundwater protection 
                        standard, for surface impoundments identified 
                        in clause (i) of this subparagraph, established 
                        by the implementing agency under section 
                        258.55(h) or 258.55(i) of title 40, Code of 
                        Federal Regulations, for any constituent for 
                        which corrective measures are required shall be 
                        met--
                                    ``(I) as soon as practicable at the 
                                relevant point of compliance, as 
                                described in section 258.40(d) of title 
                                40, Code of Federal Regulations; and
                                    ``(II) not later than 8 years after 
                                the date of enactment of this section.
                    ``(C) Extension of deadline.--
                            ``(i) In general.--Except as provided in 
                        clause (ii) of this subparagraph, the deadline 
                        for meeting a groundwater protection standard 
                        under subparagraph (A)(ii) or (B)(ii) may be 
                        extended by the implementing agency, after 
                        opportunity for public notice and comment under 
                        the public participation process described in 
                        subsection (b)(2)(B)(iii)(III), or in 
                        subsection (e)(6) based on--
                                    ``(I) the effectiveness of any 
                                interim measures implemented by the 
                                owner or operator of the facility under 
                                section 258.58(a)(3) of title 40, Code 
                                of Federal Regulations;
                                    ``(II) the level of progress 
                                demonstrated in meeting the groundwater 
                                protection standard;
                                    ``(III) the potential for other 
                                adverse human health or environmental 
                                exposures attributable to the 
                                contamination from the surface 
                                impoundment undergoing corrective 
                                action; and
                                    ``(IV) the lack of available 
                                alternative management capacity for the 
                                coal combustion residuals and related 
                                materials managed in the impoundment at 
                                the facility at which the impoundment 
                                is located if the owner or operator has 
                                used best efforts, as necessary, to 
                                design, obtain any necessary permits, 
                                finance, construct, and render 
                                operational the alternative management 
                                capacity during the time period for 
                                meeting a groundwater protection 
                                standard in subparagraph (A)(ii) or 
                                (B)(ii).
                            ``(ii) Exception.--The deadline under 
                        subparagraph (A)(ii) or (B)(ii) shall not be 
                        extended if there has been contamination of 
                        public or private drinking water systems 
                        attributable to a surface impoundment 
                        undergoing corrective action, unless the 
                        contamination has been addressed by providing a 
                        permanent replacement water system.
                    ``(D) Additional requirements.--
                            ``(i) Closure.--If the deadline under 
                        subparagraph (A)(ii), (B)(ii), or (C) is not 
                        satisfied, the surface impoundment shall cease 
                        receiving coal combustion residuals and 
                        initiate closure under paragraph (5).
                            ``(ii) Interim measures.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), not later 
                                than 90 days after the date on which 
                                the assessment of corrective measures 
                                is initiated, the owner or operator of 
                                a surface impoundment described in 
                                subparagraph (A) or (B) shall implement 
                                interim measures, as necessary, under 
                                the factors in section 258.58(a)(3) of 
                                title 40, Code of Federal Regulations.
                                    ``(II) Impoundments subject to 
                                state corrective action requirement as 
                                of the date of enactment.--Subclause 
                                (I) shall only apply to surface 
                                impoundments subject to a State 
                                corrective action requirement as of the 
                                date of enactment of this section if 
                                the owner or operator has not 
                                implemented interim measures, as 
                                necessary, under the factors in section 
                                258.58(a)(3) of title 40, Code of 
                                Federal Regulations.
                    ``(E) Surface impoundments that require assessment 
                of corrective measures more than 10 years after date of 
                enactment.--
                            ``(i) In general.--In addition to the 
                        groundwater monitoring and corrective action 
                        requirements described in paragraph (2)(B), the 
                        implementing agency shall require a surface 
                        impoundment that receives coal combustion 
                        residuals on or after the date of enactment of 
                        this section to comply with the requirements in 
                        clause (ii) if the surface impoundment--
                                    ``(I) does not--
                                            ``(aa) have a liner system 
                                        described in section 258.40(b) 
                                        of title 40, Code of Federal 
                                        Regulations; and
                                            ``(bb) meet the design 
                                        criteria described in section 
                                        258.40(a)(1) of title 40, Code 
                                        of Federal Regulations; and
                                    ``(II) more than 10 years after the 
                                date of enactment of this section, is 
                                required under section 258.56(a) title 
                                40, Code of Federal Regulations, to 
                                undergo an assessment of corrective 
                                measures for any constituent covered 
                                under subpart E of part 258 of title 
                                40, Code of Federal Regulations, or 
                                otherwise identified in paragraph 
                                (2)(B)(ii) of this subsection, for 
                                which assessment groundwater monitoring 
                                is required.
                            ``(ii) Requirements.--
                                    ``(I) Closure.--The surface 
                                impoundments identified in clause (i) 
                                shall cease receiving coal combustion 
                                residuals and initiate closure in 
                                accordance with paragraph (5) after 
                                alternative management capacity at the 
                                facility is available for the coal 
                                combustion residuals and related 
                                materials managed in the impoundment.
                                    ``(II) Best efforts.--The 
                                alternative management capacity shall 
                                be developed as soon as practicable 
                                with the owner or operator using best 
                                efforts to design, obtain necessary 
                                permits for, finance, construct, and 
                                render operational the alternative 
                                management capacity.
                                    ``(III) Alternative capacity 
                                management plan.--The owner or operator 
                                shall, in collaboration with the 
                                implementing agency, prepare a written 
                                plan that describes the steps necessary 
                                to develop the alternative management 
                                capacity and includes a schedule for 
                                completion.
                                    ``(IV) Public participation.--The 
                                plan described in subclause (III) shall 
                                be subject to public notice and comment 
                                under the public participation process 
                                described in subsection 
                                (b)(2)(B)(iii)(III) or in subsection 
                                (e)(6), as applicable.
            ``(5) Closure.--
                    ``(A) In general.--If it is determined by the 
                implementing agency that a structure should close 
                because the requirements of a coal combustion residuals 
                permit program are not being satisfied with respect to 
                such structure, or if it is determined by the owner or 
                operator that a structure should close, the time period 
                and method for the closure of such structure shall be 
                set forth in a closure plan that establishes a deadline 
                for completion of closure as soon as practicable and 
                that takes into account the nature and the site-
                specific characteristics of the structure to be closed.
                    ``(B) Surface impoundment.--In the case of a 
                surface impoundment, the closure plan under 
                subparagraph (A) shall require, at a minimum, the 
                removal of liquid and the stabilization of remaining 
                waste, as necessary to support the final cover.
    ``(d) Federal Review of State Permit Programs.--
            ``(1) In general.--The Administrator shall provide to a 
        State written notice and an opportunity to remedy deficiencies 
        in accordance with paragraph (3) if at any time the State--
                    ``(A) does not satisfy the notification requirement 
                under subsection (b)(1);
                    ``(B) has not submitted a certification required 
                under subsection (b)(2);
                    ``(C) does not satisfy the maintenance requirement 
                under subsection (b)(3);
                    ``(D) is not implementing a coal combustion 
                residuals permit program, with respect to which the 
                State has submitted a certification under subsection 
                (b)(2), that meets the requirements described in 
                subsection (c);
                    ``(E) is not implementing a coal combustion 
                residuals permit program, with respect to which the 
                State has submitted a certification under subsection 
                (b)(2)--
                            ``(i) that is consistent with such 
                        certification; and
                            ``(ii) for which the State continues to 
                        have in effect statutes or regulations 
                        necessary to implement such program; or
                    ``(F) does not make available to the Administrator, 
                within 90 days of a written request, specific 
                information necessary for the Administrator to 
                ascertain whether the State has satisfied the 
                requirements described in subparagraphs (A) through 
                (E).
            ``(2) Request.--If a request described in paragraph (1)(F) 
        is proposed pursuant to a petition to the Administrator, the 
        Administrator shall only make the request if the Administrator 
        does not possess the information necessary to ascertain whether 
        the State has satisfied the requirements described in 
        subparagraphs (A) through (E) of such paragraph.
            ``(3) Contents of notice; deadline for response.--A notice 
        provided under paragraph (1) shall--
                    ``(A) include findings of the Administrator 
                detailing any applicable deficiencies described in 
                subparagraphs (A) through (F) of paragraph (1); and
                    ``(B) identify, in collaboration with the State, a 
                reasonable deadline by which the State shall remedy 
                such applicable deficiencies, which shall be--
                            ``(i) in the case of a deficiency described 
                        in subparagraphs (A) through (E) of paragraph 
                        (1), not earlier than 180 days after the date 
                        on which the State receives the notice; and
                            ``(ii) in the case of a deficiency 
                        described in paragraph (1)(F), not later than 
                        90 days after the date on which the State 
                        receives the notice.
            ``(4) Criteria for determining deficiency of state permit 
        program.--In making a determination whether a State has failed 
        to satisfy the requirements described in subparagraphs (A) 
        through (E) of paragraph (1), or a determination under 
        subsection (e)(1)(B), the Administrator shall consider, as 
        appropriate--
                    ``(A) whether the State's statutes or regulations 
                to implement a coal combustion residuals permit program 
                are not sufficient to meet the requirements described 
                in subsection (c) because of--
                            ``(i) failure of the State to promulgate or 
                        enact new statutes or regulations when 
                        necessary; or
                            ``(ii) action by a State legislature or 
                        court striking down or limiting such State 
                        statutes or regulations;
                    ``(B) whether the operation of the State coal 
                combustion residuals permit program fails to comply 
                with the requirements of subsection (c) because of--
                            ``(i) failure of the State to issue permits 
                        as required in subsection (c)(1)(E);
                            ``(ii) repeated issuance of permits by the 
                        State which do not meet the requirements of 
                        subsection (c);
                            ``(iii) failure of the State to comply with 
                        the public participation requirements of this 
                        section; or
                            ``(iv) failure of the State to implement 
                        corrective action requirements as described in 
                        subsection (c)(2)(B); and
                    ``(C) whether the enforcement of a State coal 
                combustion residuals permit program fails to comply 
                with the requirements of this section because of--
                            ``(i) failure to act on violations of 
                        permits, as identified by the State; or
                            ``(ii) repeated failure by the State to 
                        inspect or otherwise determine compliance 
                        pursuant to the process identified in 
                        subsection (b)(2)(B)(iii)(I).
    ``(e) Implementation by Administrator.--
            ``(1) Federal backstop authority.--The Administrator shall 
        implement a coal combustion residuals permit program for a 
        State only if--
                    ``(A) the Governor of the State notifies the 
                Administrator under subsection (b)(1) that the State 
                will not adopt and implement a permit program;
                    ``(B) the State has received a notice under 
                subsection (d) and the Administrator determines, after 
                providing a 30-day period for notice and public 
                comment, that the State has failed, by the deadline 
                identified in the notice under subsection (d)(3)(B), to 
                remedy the deficiencies detailed in the notice under 
                subsection (d)(3)(A); or
                    ``(C) the State informs the Administrator, in 
                writing, that such State will no longer implement such 
                a permit program.
            ``(2) Review.--A State may obtain a review of a 
        determination by the Administrator under this subsection as if 
        the determination was a final regulation for purposes of 
        section 7006.
            ``(3) Other structures.--For structures that receive coal 
        combustion residuals on or after the date of enactment of this 
        section located on property within the exterior boundaries of a 
        State that the State does not have authority or jurisdiction to 
        regulate, the Administrator shall implement a coal combustion 
        residuals permit program only for those structures.
            ``(4) Requirements.--If the Administrator implements a coal 
        combustion residuals permit program for a State under paragraph 
        (1) or (3), the permit program shall consist of the 
        requirements described in subsection (c).
            ``(5) Enforcement.--
                    ``(A) In general.--If the Administrator implements 
                a coal combustion residuals permit program for a State 
                under paragraph (1)--
                            ``(i) the authorities referred to in 
                        section 4005(c)(2)(A) shall apply with respect 
                        to coal combustion residuals and structures for 
                        which the Administrator is implementing the 
                        coal combustion residuals permit program; and
                            ``(ii) the Administrator may use those 
                        authorities to inspect, gather information, and 
                        enforce the requirements of this section in the 
                        State.
                    ``(B) Other structures.--If the Administrator 
                implements a coal combustion residuals permit program 
                under paragraph (3)--
                            ``(i) the authorities referred to in 
                        section 4005(c)(2)(A) shall apply with respect 
                        to coal combustion residuals and structures for 
                        which the Administrator is implementing the 
                        coal combustion residuals permit program; and
                            ``(ii) the Administrator may use those 
                        authorities to inspect, gather information, and 
                        enforce the requirements of this section for 
                        the structures for which the Administrator is 
                        implementing the coal combustion residuals 
                        permit program.
            ``(6) Public participation process.--If the Administrator 
        implements a coal combustion residuals permit program for a 
        State under this subsection, the Administrator shall provide a 
        30-day period for the public participation process required in 
        paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of 
        subsection (c).
    ``(f) State Control After Implementation by Administrator.--
            ``(1) State control.--
                    ``(A) New adoption, or resumption of, and 
                implementation by state.--For a State for which the 
                Administrator is implementing a coal combustion 
                residuals permit program under subsection (e)(1)(A), or 
                subsection (e)(1)(C), the State may adopt and implement 
                such a permit program by--
                            ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program;
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                            ``(iii) receiving from the Administrator--
                                    ``(I) a determination, after 
                                providing a 30-day period for notice 
                                and public comment, that the State coal 
                                combustion residuals permit program 
                                meets the requirements described in 
                                subsection (c); and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                    ``(B) Remedying deficient permit program.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(B), the State may adopt and implement 
                such a permit program by--
                            ``(i) remedying only the deficiencies 
                        detailed in the notice pursuant to subsection 
                        (d)(3)(A); and
                            ``(ii) receiving from the Administrator--
                                    ``(I) a determination, after 
                                providing a 30-day period for notice 
                                and public comment, that the 
                                deficiencies detailed in such notice 
                                have been remedied; and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
            ``(2) Review of determination.--
                    ``(A) Determination required.--The Administrator 
                shall make a determination under paragraph (1) not 
                later than 90 days after the date on which the State 
                submits a certification under paragraph (1)(A)(ii), or 
                notifies the Administrator that the deficiencies have 
                been remedied pursuant to paragraph (1)(B)(i), as 
                applicable.
                    ``(B) Review.--A State may obtain a review of a 
                determination by the Administrator under paragraph (1) 
                as if such determination was a final regulation for 
                purposes of section 7006.
            ``(3) Implementation during transition.--
                    ``(A) Effect on actions and orders.--Program 
                requirements of, and actions taken or orders issued 
                pursuant to, a coal combustion residuals permit program 
                shall remain in effect if--
                            ``(i) a State takes control of its coal 
                        combustion residuals permit program from the 
                        Administrator under paragraph (1); or
                            ``(ii) the Administrator takes control of a 
                        coal combustion residuals permit program from a 
                        State under subsection (e).
                    ``(B) Change in requirements.--Subparagraph (A) 
                shall apply to such program requirements, actions, and 
                orders until such time as--
                            ``(i) the implementing agency changes the 
                        requirements of the coal combustion residuals 
                        permit program with respect to the basis for 
                        the action or order; or
                            ``(ii) the State or the Administrator, 
                        whichever took the action or issued the order, 
                        certifies the completion of a corrective action 
                        that is the subject of the action or order.
            ``(4) Single permit program.--If a State adopts and 
        implements a coal combustion residuals permit program under 
        this subsection, the Administrator shall cease to implement the 
        permit program implemented under subsection (e)(1) for such 
        State.
    ``(g) Effect on Determination Under 4005(c) or 3006.--The 
Administrator shall not consider the implementation of a coal 
combustion residuals permit program by the Administrator under 
subsection (e) in making a determination of approval for a permit 
program or other system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 3006.
    ``(h) Authority.--
            ``(1) State authority.--Nothing in this section shall 
        preclude or deny any right of any State to adopt or enforce any 
        regulation or requirement respecting coal combustion residuals 
        that is more stringent or broader in scope than a regulation or 
        requirement under this section.
            ``(2) Authority of the administrator.--
                    ``(A) In general.--Except as provided in 
                subsections (d) and (e) and section 6005, the 
                Administrator shall, with respect to the regulation of 
                coal combustion residuals, defer to the States pursuant 
                to this section.
                    ``(B) Imminent hazard.--Nothing in this section 
                shall be construed as affecting the authority of the 
                Administrator under section 7003 with respect to coal 
                combustion residuals.
                    ``(C) Enforcement assistance only upon request.--
                Upon request from the head of a lead State agency that 
                is implementing a coal combustion residuals permit 
                program, the Administrator may provide to such State 
                agency only the enforcement assistance requested.
                    ``(D) Concurrent enforcement.--Except as provided 
                in subparagraph (C), the Administrator shall not have 
                concurrent enforcement authority when a State is 
                implementing a coal combustion residuals permit 
                program, including during any period of interim 
                operation described in subsection (c)(3)(D).
                    ``(E) Other authority.--The Administrator shall not 
                have authority to finalize the proposed rule published 
                at pages 35128 through 35264 of volume 75 of the 
                Federal Register (June 21, 2010).
                    ``(F) Other response authority.--Nothing in this 
                section shall be construed as affecting the authority 
                of the Administrator under the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.) with respect to coal 
                combustion residuals.
            ``(3) Citizen suits.--Nothing in this section shall be 
        construed to affect the authority of a person to commence a 
        civil action in accordance with section 7002.
    ``(i) Mine Reclamation Activities.--A coal combustion residuals 
permit program implemented by the Administrator under subsection (e) 
shall not apply to the utilization, placement, and storage of coal 
combustion residuals at surface mining and reclamation operations.
    ``(j) Definitions.--In this section:
            ``(1) Coal combustion residuals.--The term `coal combustion 
        residuals' means--
                    ``(A) the solid wastes listed in section 
                3001(b)(3)(A)(i), including recoverable materials from 
                such wastes;
                    ``(B) coal combustion wastes that are co-managed 
                with wastes produced in conjunction with the combustion 
                of coal, provided that such wastes are not segregated 
                and disposed of separately from the coal combustion 
                wastes and comprise a relatively small proportion of 
                the total wastes being disposed in the structure;
                    ``(C) fluidized bed combustion wastes;
                    ``(D) wastes from the co-burning of coal with non-
                hazardous secondary materials, provided that coal makes 
                up at least 50 percent of the total fuel burned; and
                    ``(E) wastes from the co-burning of coal with 
                materials described in subparagraph (A) that are 
                recovered from monofills.
            ``(2) Coal combustion residuals permit program.--The term 
        `coal combustion residuals permit program' means all of the 
        authorities, activities, and procedures that comprise the 
        system of prior approval and conditions implemented by or for a 
        State to regulate the management and disposal of coal 
        combustion residuals.
            ``(3) Code of federal regulations.--The term `Code of 
        Federal Regulations' means the Code of Federal Regulations (as 
        in effect on the date of enactment of this section) or any 
        successor regulations.
            ``(4) Implementing agency.--The term `implementing agency' 
        means the agency responsible for implementing a coal combustion 
        residuals permit program for a State, which shall either be the 
        lead State implementing agency identified under subsection 
        (b)(2)(B)(i) or the Administrator pursuant to subsection (e).
            ``(5) Permit; prior approval and conditions.--Except as 
        provided in subsections (b)(3) and (g), the terms `permit' and 
        `prior approval and conditions' mean any authorization, 
        license, or equivalent control document that incorporates the 
        requirements of subsection (c).
            ``(6) Revised criteria.--The term `revised criteria' means 
        the criteria promulgated for municipal solid waste landfill 
        units under section 4004(a) and under section 1008(a)(3), as 
        revised under section 4010(c).
            ``(7) Structure.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `structure' means a 
                landfill, surface impoundment, or other land-based unit 
                which receives, or is intended to receive, coal 
                combustion residuals.
                    ``(B) De minimis receipt.--The term `structure' 
                does not include any land-based unit that receives only 
                de minimis quantities of coal combustion residuals if 
                the presence of coal combustion residuals is incidental 
                to the material managed in the unit.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1001 of the Solid Waste Disposal Act is amended by inserting 
after the item relating to section 4010 the following:

``Sec. 4011. Management and disposal of coal combustion residuals.''.

SEC. 8003. 2000 REGULATORY DETERMINATION.

    Nothing in this subtitle, or the amendments made by this subtitle, 
shall be construed to alter in any manner the Environmental Protection 
Agency's regulatory determination entitled ``Notice of Regulatory 
Determination on Wastes From the Combustion of Fossil Fuels'', 
published at 65 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel 
combustion wastes addressed in that determination do not warrant 
regulation under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 
6921 et seq.).

SEC. 8004. TECHNICAL ASSISTANCE.

    Nothing in this subtitle, or the amendments made by this subtitle, 
shall be construed to affect the authority of a State to request, or 
the Administrator of the Environmental Protection Agency to provide, 
technical assistance under the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.).

SEC. 8005. FEDERAL POWER ACT.

    Nothing in this subtitle, or the amendments made by this subtitle, 
shall be construed to affect the obligations of an owner or operator of 
a structure (as defined in section 4011 of the Solid Waste Disposal 
Act, as added by this Act) under section 215(b)(1) of the Federal Power 
Act (16 U.S.C. 824o(b)(1)).

           Subtitle B--Surface Mining Stream Buffer Zone Rule

SEC. 8011. SHORT TITLE.

    This subtitle may be cited as the ``Preventing Government Waste and 
Protecting Coal Mining Jobs in America''.

SEC. 8012. INCORPORATION OF SURFACE MINING STREAM BUFFER ZONE RULE INTO 
              STATE PROGRAMS.

    (a) In General.--Section 503 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1253) is amended by adding at the 
end the following:
    ``(e) Stream Buffer Zone Management.--
            ``(1) In general.--In addition to the requirements under 
        subsection (a), each State program shall incorporate the 
        necessary rule regarding excess spoil, coal mine waste, and 
        buffers for perennial and intermittent streams published by the 
        Office of Surface Mining Reclamation and Enforcement on 
        December 12, 2008 (73 Fed. Reg. 75813 et seq.).
            ``(2) Study of implementation.--The Secretary shall--
                    ``(A) at such time as the Secretary determines all 
                States referred to in subsection (a) have fully 
                incorporated the necessary rule referred to in 
                paragraph (1) of this subsection into their State 
                programs, publish notice of such determination;
                    ``(B) during the 5-year period beginning on the 
                date of such publication, assess the effectiveness of 
                implementation of such rule by such States; and
                    ``(C) upon the conclusion of such period, submit a 
                comprehensive report on the impacts of such rule to the 
                Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate, including--
                            ``(i) an evaluation of the effectiveness of 
                        such rule;
                            ``(ii) an evaluation of any ways in which 
                        the existing rule inhibits energy production; 
                        and
                            ``(iii) a description in detail of any 
                        proposed changes that should be made to the 
                        rule, the justification for such changes, all 
                        comments on such changes received by the 
                        Secretary from such States, and the projected 
                        costs and benefits of such changes.
            ``(3) Limitation on new regulations.--The Secretary may not 
        issue any regulations under this Act relating to stream buffer 
        zones or stream protection before the date of the publication 
        of the report under paragraph (2), other than a rule necessary 
        to implement paragraph (1).''.
    (b) Deadline for State Implementation.--Not later than 2 years 
after the date of the enactment of this Act, a State with a State 
program approved under section 503 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1253) shall submit to the Secretary 
of the Interior amendments to such program pursuant to part 732 of 
title 30, Code of Federal Regulations, incorporating the necessary rule 
referred to in subsection (e)(1) of such section, as amended by this 
section.

    TITLE XVIII--SATISFYING ENERGY NEEDS AND SAVING THE ENVIRONMENT

SEC. 9001. SHORT TITLE.

    This Act may be cited as the ``Satisfying Energy Needs and Saving 
the Environment Act of 2014'' or the ``SENSE Act of 2014''.

SEC. 9002. INAPPLICABILITY OF CERTAIN EMISSION LIMITS FOR ELECTRIC 
              UTILITY STEAM GENERATING UNITS THAT CONVERT COAL REFUSE 
              INTO ENERGY.

    (a) Inapplicability of Certain Emission Limits for Certain EGUs.--
The emission limits for hydrogen chloride and sulfur dioxide in table 2 
to subpart UUUUU of part 63 of title 40, Code of Federal Regulations, 
entitled ``Emission Limits for Existing EGUs'', shall not apply to an 
electric utility steam generating unit in the subcategory ``Coal-fired 
unit not low rank virgin coal'' if such electric utility steam 
generating unit--
            (1) is in operation as of the date of enactment of this 
        Act;
            (2) utilizes circulating fluidized bed technology to 
        convert coal refuse into energy; and
            (3)(A) derives at least 75 percent of its heat input from 
        coal refuse; or
            (B) is a qualifying facility.
    (b) Definitions.--In this section:
            (1) Coal refuse.--The term ``coal refuse'' means any 
        byproduct of coal mining, physical coal cleaning, or coal 
        preparation operations, that contains coal, matrix material, 
        clay, and other organic and inorganic material.
            (2) Qualifying cogeneration facility.--The term 
        ``qualifying cogeneration facility'' has the meaning given such 
        term in section 3 of the Federal Power Act (16 U.S.C. 796).
            (3) Qualifying facility.--The term ``qualifying facility'' 
        means--
                    (A) a qualifying small power production facility; 
                or
                    (B) a qualifying cogeneration facility.
            (4) Qualifying small power production facility.--The term 
        ``qualifying small power production facility'' has the meaning 
        given such term in section 3 of the Federal Power Act (16 
        U.S.C. 796).

     TITLE XIX--NUCLEAR REGULATORY COMMISSION REORGANIZATION PLAN 
                      CODIFICATION AND COMPLEMENTS

SEC. 10001. SHORT TITLE.

    This title may be cited as the ``Nuclear Regulatory Commission 
Reorganization Plan Codification and Complements Act''.

             Subtitle A--Replacement of Reorganization Plan

SEC. 10011. GENERAL FUNCTIONS.

    (a) Functions.--Those functions of the Nuclear Regulatory 
Commission (in this subtitle referred to as the ``Commission'') 
concerned with--
            (1) policy formulation;
            (2) rulemaking, as defined in section 553 of title 5 of the 
        United States Code, except that those matters set forth in 553 
        (a)(2) and (b) which do not pertain to policy formulation 
        orders or adjudications shall be reserved to the Chairman of 
        the Commission;
            (3) orders and adjudications, as defined in section 551 (6) 
        and (7) of title 5 of the United States Code; and
            (4) approving the distribution of appropriated funds 
        according to programs and purposes proposed by the Executive 
        Director for Operations,
shall remain vested in the Commission. A majority of the Commission may 
determine, in an area of doubt, whether any matter, action, question, 
or area of inquiry pertains to one of these functions. Any member of 
the Commission may request such a vote. Any member of the Commission 
may propose a policy matter for consideration by the Commission. All 
members of the Commission shall have full, unfettered, timely, and 
equal access to information pertaining to its functions. The 
performance of any portion of these functions may be delegated by the 
Commission to a member of the Commission, including the Chairman of the 
Commission (in this subtitle referred to as the ``Chairman'') and to 
the staff.
    (b) Officers and Employees.--
            (1) Officers.--With respect to the following officers or 
        successor officers duly established by statute or by the 
        Commission, the Chairman shall initiate the appointment, 
        subject to the approval of the Commission, and the Chairman or 
        a member of the Commission may initiate an action for removal, 
        subject to the approval of the Commission by majority vote:
                    (A) Executive Director for Operations.
                    (B) Chief and Deputy Chief Financial Officer.
                    (C) General Counsel.
                    (D) Director of the Office of Commission Appellate 
                Adjudication.
                    (E) Secretary of the Commission.
                    (F) Director of the Office of Public Affairs.
                    (G) Director of the Office of Congressional 
                Affairs.
                    (H) Director of the Office of International 
                Programs.
                    (I) Chief Administrative Judge and members of the 
                Atomic Safety and Licensing Board Panel.
        Any performance evaluation or rating of the officers listed in 
        subparagraphs (A) through (I) shall be determined by a majority 
        vote of the members of the Commission.
            (2) Replacement of officers.--(A) In the event of a vacancy 
        in a position described in paragraph (1), the Chairman may 
        designate an acting officer for a maximum of 60 days, after 
        which any further extension must be approved by the Commission. 
        If, at the end of 60 days, the Commission has not approved the 
        appointment of an officer proposed by the Chairman, or the 
        Chairman has not proposed one, any Commissioner may initiate 
        the appointment subject to approval of the Commission.
            (B) With respect to the following officers or successor 
        officers duly established by statute or by the Commission, the 
        Chairman, after consultation with the Executive Director for 
        Operations, shall initiate the appointment, subject to the 
        approval of the Commission, and the Chairman, or a member of 
        the Commission may initiate an action for removal, subject to 
        the approval of the Commission by majority vote:
                    (i) Director of the Office of Nuclear Reactor 
                Regulation.
                    (ii) Director of the Office of Nuclear Material 
                Safety and Safeguards.
                    (iii) Director of the Office of Nuclear Regulatory 
                Research.
                    (iv) Director of the Office of Nuclear Security and 
                Incident Response.
                    (v) Director of the Office of New Reactors.
                    (vi) Director of the Office of Federal and State 
                Materials and Environmental Management Programs.
                    (vii) Director of the Office of Investigations.
                    (viii) Director of the Office of Enforcement.
            (3) Appointment of advisory committee on reactor 
        safeguards.--The Chairman or a member of the Commission shall 
        initiate the appointment of the Members of the Advisory 
        Committee on Reactor Safeguards, subject to the approval of the 
        Commission. The provisions for appointment of the Chairman of 
        the Advisory Committee on Reactor Safeguards and the term of 
        the members shall not be affected by the provisions of this 
        subtitle.
            (4) Delegation of staff supervision functions.--The 
        Commission shall delegate the function of appointing, removing, 
        and supervising the staff of the following offices or successor 
        offices to the respective heads of such offices: Executive 
        Director for Operations, General Counsel, Secretary of the 
        Commission, Chief Financial Officer, Office of Commission 
        Appellate Adjudication, Office of Congressional Affairs, Office 
        of Public Affairs, and Office of International Programs. The 
        Commission shall delegate the functions of appointing, 
        removing, and supervising the staff of the following panels and 
        committee to the respective Chairmen thereof: Atomic Safety and 
        Licensing Board Panel and Advisory Committee on Reactor 
        Safeguards.
    (c) Commission Member Offices.--Each member of the Commission shall 
appoint, remove, and supervise the personnel employed in his or her 
immediate office.
    (d) Performance of Functions.--The Commission shall act as provided 
by section 201(a)(1) of the Energy Reorganization Act of 1974 (42 
U.S.C. 5841(a)(1)) in the performance of its functions as described in 
subsections (a) and (b) of this section.

SEC. 10012. CHAIRMAN.

    (a) Functions.--Except as otherwise provided in section 10011, all 
functions of the Commission shall rest with the Chairman. The Chairman 
shall be the official spokesman for the Commission and, as such, shall 
represent the policies determined by a majority of the Commission.
    (b) Additional Functions.--The Chairman shall also be the principal 
executive officer of the Commission, and shall be responsible to the 
Commission for assuring that the Executive Director for Operations and 
the staff of the Commission (other than the officers and staff referred 
to in section 10011(b)(4) and (c)) are responsive to the requirements 
of the Commission in the performance of its functions; shall determine 
the use and expenditure of funds of the Commission, in accordance with 
the distribution of appropriated funds according to programs and 
purposes approved by the Commission; shall present to the Commission 
for its consideration the proposals set forth in paragraph (3); and 
shall be responsible for the following functions, which the Chairman 
shall delegate, subject to the Chairman's direction and supervision, to 
the Executive Director for Operations unless otherwise provided by this 
title:
            (1) Administrative functions of the Commission.
            (2) Distribution of business among such personnel and among 
        administrative units and offices of the Commission.
            (3) Preparation of proposals for the reorganization of the 
        major offices of the Commission.
            (4) Appointing and removing, without any further action by 
        the Commission, all officers and employees under the Commission 
        other than those whose appointment and removal are specifically 
        provided for by section 10011(b) and (c).
    (c) Governing Principles.--
            (1) In general.--The Chairman as principal executive 
        officer and the Executive Director for Operations shall be 
        governed by the general policies of the Commission and by such 
        regulatory decisions, findings, and determinations, including 
        those for reorganization proposals, budget revisions, and 
        distribution of appropriated funds, as the Commission may by 
        law, including this subtitle, be authorized to make.
            (2) Full and current information.--The Chairman and the 
        Executive Director for Operations shall have joint 
        responsibility insuring that the Commission is fully and 
        currently informed about matters within its functions.
            (3) Failure to act in accordance.--If a majority of 
        Commissioners determine that the Chairman has not acted in 
        accordance with paragraph (1) or (2), such Commissioners shall 
        provide written notice of the determination to the President 
        and provide copies thereof to the Committee on Energy and 
        Commerce of the House of Representatives and the Committee on 
        Environment and Public Works of the Senate.

SEC. 10013. EMERGENCY AUTHORITY.

    (a) In General.--Notwithstanding sections 10001 and 10002, the 
Chairman is authorized to exercise emergency authority described in 
paragraph (4), subject to the following limitations:
            (1) The Chairman may not exercise emergency authority 
        unless and until the Chairman declares a specific emergency 
        exists and, not later than 24 hours after such declaration, 
        notifies--
                    (A) the Commission, the Committee on Energy and 
                Commerce of the House of Representatives, and the 
                Committee on Environment and Public Works of the 
                Senate, in writing; and
                    (B) the public.
            (2) The Chairman may only exercise emergency authority in 
        response to--
                    (A) an imminent safety threat pertaining to a 
                facility or materials licensed or regulated by the 
                Commission; or
                    (B) a determination by the Secretary of Homeland 
                Security, the Secretary of Energy, the Secretary of 
                Transportation, the Director of the Federal Bureau of 
                Investigation, the Director of the Central Intelligence 
                Agency, or the Director of National Intelligence of an 
                imminent security threat to a facility or materials 
                licensed or regulated by the Commission.
        Where authority is exercised pursuant to this section, public 
        notification may be delayed provided that the Chairman 
        determines that prior public disclosure would constitute a risk 
        to public health and safety and so notifies the Commission, the 
        Committee on Energy and Commerce of the House of 
        Representatives, and the Committee on Environment and Public 
        Works of the Senate.
            (3) The Chairman may only exercise emergency authority for 
        the duration of the emergency or 30 days, whichever is less. 
        The Commission may approve extensions of that time. Each 
        extension is limited to 30 days and requires notification of 
        the public, the Committee on Energy and Commerce of the House 
        of Representatives, and the Committee on Environment and Public 
        Works of the Senate.
            (4) The Chairman's emergency authority includes the 
        functions of responding to, issuing orders respecting, advising 
        United States civil authorities and the United States public 
        about, and directing and coordinating actions relative to such 
        emergency incident.
    (b) Delegation.--The Chairman may delegate the authority to perform 
such emergency functions, in whole or in part, to any of the other 
members of the Commission. Such authority may also be delegated or 
redelegated, in whole or in part, to the staff of the Commission.
    (c) Consultation.--To the extent practicable, the Chairman shall 
consult with the full Commission on any regulatory or policy actions to 
be taken under an emergency. Such consultations shall be exempt from 
the requirements of section 552b of title 5, United States Code 
(commonly referred to as the ``Government in the Sunshine Act'').
    (d) Guidelines and Notice.--In acting under this section, the 
Chairman, or other member of the Commission delegated authority under 
subsection (b), shall conform to the policy guidelines of the 
Commission.
    (e) Termination of Emergency.--Upon termination of the emergency, 
the Chairman shall immediately notify the Commission, the public, the 
Committee on Energy and Commerce of the House of Representatives, and 
the Committee on Environment and Public Works of the Senate.
    (f) Report.--Within 30 days following the conclusion of the 
emergency, the Chairman, or the member of the Commission or member of 
the staff delegated the emergency functions under subsection (b), shall 
render a complete report of all actions taken during the emergency, 
specifically delineating actions taken utilizing the authority provided 
in this section, to the Commission, the Committee on Energy and 
Commerce of the House of Representatives, and the Committee on 
Environment and Public Works of the Senate.
    (g) Commission Procedures.--Not later than 90 days after the date 
of enactment of this Act, the Commission shall revise its procedures to 
comply with the requirements of this section. Such revision shall 
define the roles of the Commissioners during an emergency, specifying--
            (1) complete access to records and information relating to 
        actions taken during the emergency;
            (2) complete access to Commission staff involved in the 
        management of the emergency;
            (3) complete access to the location or locations where 
        decisions are made during the emergency; and
            (4) participation in decisions that may affect Commission 
        actions and policies beyond the response to a particular 
        emergency to the extent practicable.

SEC. 10014. REPORTING.

    (a) Delegation; Direct Communication.--The Chairman may make such 
delegations and provide for such reporting as the Chairman deems 
necessary, subject to provisions of law. Any officer or employee under 
the Commission may communicate directly to the Commission, or to any 
member of the Commission, whenever in the view of such officer or 
employee a critical problem, or matter of public health and safety or 
common defense and security, is not being properly addressed.
    (b) Executive Director for Operations.--The Executive Director for 
Operations shall report for all matters to the Chairman.
    (c) Functions.--The Directors of Nuclear Reactor Regulations, 
Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research 
shall report to the Executive Director for Operations.
    (d) Direct Reporting.--The heads of the Commission level offices or 
successor offices, of General Counsel, Secretary of the Commission, 
Commission Appellate Adjudication, Congressional Affairs, Public 
Affairs, International Programs, Atomic Safety and Licensing Board 
Panel, and Advisory Committee on Reactor Safeguards shall report 
directly to the Commission and the Commission shall receive such 
reports.

SEC. 10015. RESCISSION OF REORGANIZATION PLAN APPROVAL.

    Approval of Reorganization Plan No. 1 of 1980 (5 U.S.C. App. 1) is 
rescinded.

                       Subtitle B--Miscellaneous

SEC. 10021. CERTIFICATION OF DOCUMENTS TRANSMITTED TO CONGRESS.

    A letter or other document transmitted by the Nuclear Regulatory 
Commission, on behalf of the full Commission, to a member of Congress 
in his or her capacity as chairman or ranking minority member of a 
Committee of Congress, shall include a certification that the letter or 
document is being sent to both the Chairman and ranking minority member 
of that Committee in accordance with established Commission procedures.

SEC. 10022. TIME LIMITS FOR COMMISSION REVIEW OF ATOMIC SAFETY AND 
              LICENSING BOARD DECISIONS.

    When reviewing the decisions and actions of the Atomic Safety and 
Licensing Board, the Commission shall follow the following procedures:
            (1) Each Commissioner shall vote on the matter not later 
        than 90 days after receipt of final briefs, after which time 
        the Commission shall not further delay a decision. Once a 
        majority position is established, the Secretary shall notify in 
        writing any Commissioners who have not voted that a majority 
        position has been established. Any Commissioners who have not 
        yet voted shall vote within three days of the Secretary's 
        notice or be considered by the Secretary as not participating.
            (2) Not later than 30 days after a majority position is 
        established, the Commission shall publish any resulting 
        decision, including adjudicatory orders and direction to agency 
        staff. If a majority position is not established due to a tied 
        vote, not later than 30 days after Commission voting is 
        complete, the Commission shall publish any resulting decision, 
        including adjudicatory orders and direction to agency staff.

SEC. 10023. ALLEGATIONS OF WRONGDOING.

    (a) Referral to Inspector General.--Not later than 90 days after 
the date of enactment of this Act, the Nuclear Regulatory Commission 
shall revise its procedures to ensure that any allegation of wrongdoing 
on the part of the Chairman of the Commission is immediately referred 
to the Inspector General of the Commission.
    (b) Supervision of Inspector General.--During the pendency of any 
investigation by the Inspector General of the Chairman with respect to 
an allegation described in subsection (a), the Chairman shall delegate 
responsibility for supervising the Inspector General to a member of the 
Commission other than the Chairman, consistent with the Inspector 
General Act of 1978.

SEC. 10024. APPROVAL OF COMMISSIONER TRAVEL.

    The Chairman of the Nuclear Regulatory Commission shall authorize 
all international travel requested by other members of the Commission 
for official business unless the Chairman submits a notice of 
disapproval to the full Commission specifying the basis for the 
disapproval. The notice of disapproval shall be submitted within 5 days 
after the travel is requested or the travel shall be deemed approved.

SEC. 10025. IMPLEMENTATION.

    Except as otherwise specified in this title, the Commission shall 
revise its procedures to conform to this title within 180 days of its 
date of enactment.

       TITLE XX--PERMITTING FOR ONSHORE AND OFFSHORE WIND ENERGY

    Subtitle A--Offshore Meteorological Site Testing and Monitoring

SEC. 11001. SHORT TITLE.

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

SEC. 11002. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING 
              PROJECTS.

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

     Subtitle B--Onshore Meteorological Site Testing and Monitoring

SEC. 11011. SHORT TITLE.

    This subtitle may be cited at the ``Reducing Regulatory Obstacles 
to Wind Energy Production Act''.

SEC. 11012. ONSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECT.

    (a) Definition of Meteorological Site Testing and Monitoring 
Project.--In this section, the term ``meteorological site testing and 
monitoring project'' means a project carried out on land administered 
by the Bureau of Land Management or the Forest Service to test or 
monitor weather (including wind and solar energy) using towers or other 
devices, that--
            (1) causes--
                    (A) less than 1 acre of soil or vegetation 
                disruption at the location of each meteorological tower 
                or other device; and
                    (B) not more than 5 acres of soil or disruption 
                within the proposed right-of-way for the project;
            (2) is installed--
                    (A) to the maximum extent practicable, using 
                existing access roads;
                    (B) in a manner that does not require off-road 
                motorized access other than 1 installation activity and 
                1 decommissioning activity along an identified off-road 
                route approved by the Director of the Bureau of Land 
                Management or Chief of the Forest Service;
                    (C) without construction of new roads other than 
                upgrading of existing minor drainage crossings for 
                safety purposes; and
                    (D) without the use of digging or drilling 
                equipment vehicles other than rubber-tired vehicles 
                with gross weight ratings under 8,500 pounds;
            (3) is decommissioned not more than 5 years after the date 
        of commencement of the project, including--
                    (A) removal of any towers, devices, or other 
                surface infrastructure from the site; and
                    (B) restoration of the site to approximately the 
                condition that existed at the time the project began; 
                and
            (4) provides meteorological information obtained by the 
        permitted project to the Bureau of Land Management and the 
        Forest Service.
    (b) NEPA Exclusion.--Section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply 
with respect to a meteorological site testing and monitoring project.
    (c) Permit Timeline and Conditions.--
            (1) In general.--The Director of the Bureau of Land 
        Management or Chief of the Forest Service, as applicable, shall 
        decide whether to issue a permit for a project that is a 
        meteorological site testing and monitoring project within 30 
        days after receiving an application for the permit.
            (2) Public comment and consultation.--During the period 
        referred to in paragraph (1), the Director of the Bureau of 
        Land Management or the Chief of the Forest Service, as 
        applicable, shall--
                    (A) provide an opportunity for submission of 
                comments by the public; and
                    (B) consult with the heads of other Federal, State, 
                and local agencies that would be affected by the 
                issuance of the permit.
            (3) Denial of application.--If the application is denied, 
        the Director or Chief, respectively, shall provide the 
        applicant--
                    (A) in writing, clear and comprehensive reasons why 
                the application was not approved and detailed 
                information concerning any deficiencies, and
                    (B) an opportunity to remedy any deficiencies.
    (d) Protection of Information.--The information provided to the 
Bureau of Land Management and the Forest Service pursuant to subsection 
(a)(4) shall be treated by such agency as proprietary information and 
protected against disclosure.

           TITLE XXI--DOMESTIC PROSPERITY AND GLOBAL FREEDOM

SEC. 12001. SHORT TITLE.

    This title may be cited as the ``Domestic Prosperity and Global 
Freedom Act''.

SEC. 12002. AMENDMENTS.

    Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is 
amended--
            (1) by inserting ``(1)'' before ``For purposes'';
            (2) by striking ``a nation with which there is in effect a 
        free trade agreement requiring national treatment for trade in 
        natural gas'' and inserting ``a World Trade Organization member 
        nation''; and
            (3) by adding at the end the following:
    ``(2) For purposes of this subsection, the term `World Trade 
Organization member nation' means a country described in section 2(10) 
of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)).''.

SEC. 12003. PENDING APPLICATIONS.

    Any application for authorization to export natural gas under 
section 3 of the Natural Gas Act (15 U.S.C. 717b) for which a notice 
has been published in the Federal Register before March 6, 2014, shall 
be granted without modification or delay.

                     DIVISION IV--ACCESS TO CAPITAL

              TITLE XXII--SMALL BUSINESS ACCESS TO CAPITAL

SEC. 13001. REGISTRATION AND REPORTING EXEMPTIONS RELATING TO PRIVATE 
              EQUITY FUNDS ADVISORS.

    Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
3) is amended by adding at the end the following:
    ``(o) Exemption of and Reporting Requirements by Private Equity 
Funds Advisors.--
            ``(1) In general.--Except as provided in this subsection, 
        no investment adviser shall be subject to the registration or 
        reporting requirements of this title with respect to the 
        provision of investment advice relating to a private equity 
        fund or funds, provided that each such fund has not borrowed 
        and does not have outstanding a principal amount in excess of 
        twice its invested capital commitments.
            ``(2) Maintenance of records and access by commission.--Not 
        later than 6 months after the date of enactment of this 
        subsection, the Commission shall issue final rules--
                    ``(A) to require investment advisers described in 
                paragraph (1) to maintain such records and provide to 
                the Commission such annual or other reports as the 
                Commission taking into account fund size, governance, 
                investment strategy, risk, and other factors, as the 
                Commission determines necessary and appropriate in the 
                public interest and for the protection of investors; 
                and
                    ``(B) to define the term `private equity fund' for 
                purposes of this subsection.''.

    TITLE XXIII--COMMUNITY LENDING ENHANCEMENT AND REGULATORY RELIEF

SEC. 14001. CHANGES REQUIRED TO SMALL BANK HOLDING COMPANY POLICY 
              STATEMENT ON ASSESSMENT OF FINANCIAL AND MANAGERIAL 
              FACTORS.

    (a) Small Bank Holding Company Policy Statement on Assessment of 
Financial and Managerial Factors.--
            (1) In general.--Before the end of the 6-month period 
        beginning on the date of the enactment of this title, the Board 
        of Governors of the Federal Reserve System shall publish in the 
        Federal Register proposed revisions to the Small Bank Holding 
        Company Policy Statement on Assessment of Financial and 
        Managerial Factors (12 C.F.R. part 225--appendix C) that 
        provide that the policy shall apply to a bank holding company 
        which has pro forma consolidated assets of less than 
        $5,000,000,000 and that--
                    (A) is not engaged in any nonbanking activities 
                involving significant leverage; and
                    (B) does not have a significant amount of 
                outstanding debt that is held by the general public.
            (2) Adjustment of amount.--The Board of Governors of the 
        Federal Reserve System shall annually adjust the dollar amount 
        referred to in paragraph (1) in the Small Bank Holding Company 
        Policy Statement on Assessment of Financial and Managerial 
        Factors by an amount equal to the percentage increase, for the 
        most recent year, in total assets held by all insured 
        depository institutions, as determined by the Board.
    (b) Increase in Debt-to-Equity Ratio of Small Bank Holding 
Company.--Before the end of the 6-month period beginning on the date of 
the enactment of this title, the Board of Governors of the Federal 
Reserve System shall publish in the Federal Register proposed revisions 
to the Small Bank Holding Company Policy Statement on Assessment of 
Financial and Managerial Factors (12 C.F.R. part 225--appendix C) such 
that the debt-to-equity ratio allowable for a small bank holding 
company in order to remain eligible to pay a corporate dividend and to 
remain eligible for expedited processing procedures under Regulation Y 
of the Board of Governors of the Federal Reserve System would increase 
from 1:1 to 3:1.

SEC. 14002. ESCROW REQUIREMENTS.

    (a) In General.--Section 129D(c) of the Truth in Lending Act, as 
added by section 1461(a) of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act, is amended--
            (1) by redesignating paragraphs (1), (2), (3), and (4) as 
        subparagraphs (A), (B), (C), and (D) and moving such 
        subparagraphs 2 ems to the right;
            (2) striking ``The Board'' and inserting the following:
            ``(1) In general.--The Board''; and
            (3) by adding at the end the following new paragraph:
    ``(2) Treatment of Loans Held by Smaller Creditors.--The Board 
shall, by regulation, exempt from the requirements of subsection (a) 
any loan secured by a first lien on a consumer's principle dwelling, if 
such loan is held by a creditor with assets of $10,000,000,000 or 
less.''.

SEC. 14003. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT UNDER THE 
              GRAMM-LEACH-BLILEY ACT.

    Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is 
amended by adding at the end the following:
    ``(f) Exception to Annual Notice Requirement.--A financial 
institution that--
            ``(1) provides nonpublic personal information only in 
        accordance with the provisions of subsection (b)(2) or (e) of 
        section 502 or regulations prescribed under section 504(b), and
            ``(2) has not changed its policies and practices with 
        regard to disclosing nonpublic personal information from the 
        policies and practices that were disclosed in the most recent 
        disclosure sent to consumers in accordance with this 
        subsection,
shall not be required to provide an annual disclosure under this 
subsection until such time as the financial institution fails to comply 
with any criteria described in paragraph (1) or (2).''.

SEC. 14004. ACCOUNTING PRINCIPLES COST-BENEFIT REQUIREMENTS.

    Section 19(b) of the Securities Act of 1933 (15 U.S.C. 77s(b)) is 
amended by adding at the end the following:
            ``(3) Generally accepted accounting principles cost-benefit 
        requirements.--The Commission or its designee shall conduct 
        analyses of the costs and benefits (including economic 
        benefits) of any new or amended accounting principle described 
        under paragraph (1), and may not recognize such new or amended 
        accounting principle, unless the Commission or its designee 
        determines that the benefits to investors of such new or 
        amended accounting principle significantly outweigh its 
        costs.''.

SEC. 14005. COMMUNITY BANK EXEMPTION FROM ANNUAL MANAGEMENT ASSESSMENT 
              OF INTERNAL CONTROLS REQUIREMENT OF THE SARBANES-OXLEY 
              ACT OF 2002.

    Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is 
amended by adding the following new subsection:
    ``(d) Community Bank Exemption.--
            ``(1) In general.--This section shall not apply in any year 
        to any insured depository institution which, as of the close of 
        the preceding year, had total assets, as determined on a 
        consolidated basis, of $10,000,000,000 or less.
            ``(2) Adjustment of amount.--The Commission shall annually 
        adjust the dollar amount in paragraph (1) by an amount equal to 
        the percentage increase, for the most recent year, in total 
        assets held by all depository institutions, as reported by the 
        Federal Deposit Insurance Corporation.''.

SEC. 14006. CERTAIN LOANS INCLUDED AS QUALIFIED MORTGAGES.

    Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 
1639c(b)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (viii), by striking ``and'' at the 
                end;
                    (B) in clause (ix), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(x) that is originated and retained in 
                        portfolio for a period of at least 3 years by a 
                        creditor having less than $10,000,000,000 in 
                        total assets.''; and
            (2) in subparagraph (E)--
                    (A) by striking ``The Board may, by regulation'' 
                and inserting ``The Bureau shall, by regulation''; and
                    (B) by amending clause (iv) to read as follows:
                            ``(iv) that is extended by a creditor 
                        that--
                                    ``(I) originates and retains the 
                                balloon loans in portfolio for a period 
                                of at least 3 years; and
                                    ``(II) together with all 
                                affiliates, has total assets of 
                                $10,000,000,000 or less.''.

SEC. 14007. INCREASE IN SMALL SERVICER EXEMPTION.

    Section 6 of the Real Estate Settlement Procedures Act of 1974 (12 
U.S.C. 2605) is amended by adding at the end the following:
    ``(n) Small Servicer Exemption.--The Bureau shall, by regulation, 
provide exemptions to, or adjustments for, the provisions of this 
section for servicers that service 20,000 or fewer mortgage loans, in 
order to reduce regulatory burdens while appropriately balancing 
consumer protections.''.

SEC. 14008. APPRAISER QUALIFICATION THRESHOLD.

    Section 1112(b) of the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 (12 U.S.C. 3341(b)) is amended--
            (1) by striking ``may establish a threshold level at or'' 
        and inserting ``shall establish a threshold level of 
        $250,000,''; and
            (2) by striking ``transactions, if'' and inserting 
        ``transactions. Each Federal financial institutions regulatory 
        agency and the Resolution Trust Corporation may establish a 
        higher threshold than $250,000, if''.

SEC. 14009. COORDINATION AMONG FINANCIAL INSTITUTIONS.

    Chapter 53 of title 31, United States Code, is amended--
            (1) by inserting after section 5332 the following new 
        section:
``Sec. 5333. Coordination among financial institutions
    ``(a) In General.--In the case of an entry received via an 
automated clearing house, no receiving depository financial institution 
shall be required to verify that the entry is not a prohibited 
transaction, if the originating depository financial institution has 
warranted, pursuant to the automated clearing house rules governing 
such entry or otherwise, that the originating depository financial 
institution has complied with the sanctions programs administered by 
the Office of Foreign Assets Control in connection with such entry.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Automated clearing house.--The term `automated 
        clearing house' means a funds transfer system governed by rules 
        which provide for the interbank clearing of electronic entries 
        for participating depository financial institutions.
            ``(2) Depository financial institution.--The term 
        `depository financial institution' means--
                    ``(A) any insured depository institution, as such 
                term is defined under section 3 of the Federal Deposit 
                Insurance Act (12 U.S.C. 1813);
                    ``(B) any depository institution which is eligible 
                to apply to become an insured depository institution 
                under section 5 of the Federal Deposit Insurance Act 
                (12 U.S.C. 1815);
                    ``(C) any insured credit union, as defined in 
                section 101 of the Federal Credit Union Act (12 U.S.C. 
                1752); and
                    ``(D) any credit union which is eligible to apply 
                to become an insured credit union pursuant to section 
                201 of the Federal Credit Union Act (12 U.S.C. 1781).
            ``(3) Entry.--The term `entry' means an order to request 
        for the transfer of funds through an automated clearing house.
            ``(4) Originating depository financial institution.--The 
        term `originating depository financial institution' means a 
        depository financial institution that transmits entries via an 
        automated clearing house for transmittal to a receiving 
        depository financial institution.
            ``(5) Prohibited transaction.--The term `prohibited 
        transaction' means a funds transfer originated on behalf of a 
        person to or from whom funds transfers are restricted by a 
        sanctions program administered by the Office of Foreign Assets 
        Control, including persons appearing on the list of specially 
        designated nationals and blocked persons maintained by the 
        Office of Foreign Assets Control.
            ``(6) Receiving depository financial institution.--The term 
        `receiving depository financial institution' means a depository 
        financial institution that receives entries via an automated 
        clearing house from an originating depository financial 
        institution for debit or credit to the accounts of its 
        customers.''; and
            (2) in the table of contents for such chapter by inserting 
        after the item relating to section 5332 the following new item:

``5333. Coordination among financial institutions.''.
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