I 

113TH CONGRESS 

2D SESSION H. R. 4286 

To free the private sector to harness domestic energy resources to create 

jobs and generate economic growth by removing statutory and administrative barriers. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 24, 2014 

Mr. BRIDENSTINE (for himself, Mr. COOK, and Mr. YOHO) introduced the following bill; which was referred to the Committee on Natural Resources, 

and in addition to the Committees on Transportation and Infrastructure, 

Energy and Commerce, Agriculture, the Judiciary, and Foreign Affairs, 

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 free the private sector to harness domestic energy resources to create jobs and generate economic growth 

by removing statutory and administrative barriers. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘American Energy Renaissance Act of 2014’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—EXPANDING AMERICAN ENERGY EXPORTS 

Sec. 1001. Finding. 

Sec. 1002. Natural gas exports. 

Sec. 1003. Crude oil exports. 

Sec. 1004. Coal exports. 

TITLE II—IMPROVING NORTH AMERICAN ENERGY 

INFRASTRUCTURE 

Subtitle A—North American Energy Infrastructure 

Sec. 2001. Finding. 

Sec. 2002. Definitions. 

Sec. 2003. Authorization of certain energy infrastructure projects at the national boundary of the United States. 

Sec. 2004. Transmission of electric energy to Canada and Mexico. 

Sec. 2005. Effective date; rulemaking deadlines. 

Subtitle B—Keystone XL Permit Approval 

Sec. 2011. Findings. 

Sec. 2012. Keystone XL permit approval. 

TITLE III—OUTER CONTINENTAL SHELF LEASING 

Sec. 3001. Finding. 

Sec. 3002. Extension of leasing program. 

Sec. 3003. Lease sales. 

Sec. 3004. Applications for permits to drill. 

Sec. 3005. Lease sales for certain areas. 

TITLE IV—UTILIZING AMERICA’S ONSHORE RESOURCES 

Sec. 4001. Findings. 

Sec. 4002. State option for energy development. 

Subtitle A—Energy Development by States 

Sec. 4011. Definitions. 

Sec. 4012. State programs. 

Sec. 4013. Leasing, permitting, and regulatory programs. 

Sec. 4014. Judicial review. 

Sec. 4015. Administrative Procedure Act. 

Subtitle B—Onshore Oil and Gas Permit Streamlining 

PART I—OIL AND GAS LEASING CERTAINTY

Sec. 4021. Minimum acreage requirement for onshore lease sales. 

Sec. 4022. Leasing certainty. 

Sec. 4023. Leasing consistency. 

Sec. 4024. Reduce redundant policies. 

Sec. 4025. Streamlined congressional notification. 

PART II—APPLICATION FOR PERMITS TO DRILL PROCESS REFORM


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Sec. 4031. Permit to drill application timeline. 

Sec. 4032. Administrative protest documentation reform. 

Sec. 4033. Improved Federal energy permit coordination. 

Sec. 4034. Administration. 

PART III—OIL SHALE

Sec. 4041. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision. 

Sec. 4042. Oil shale leasing. 

PART IV—NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS

Sec. 4051. Sense of Congress and reaffirming national policy for the National 

Petroleum Reserve in Alaska. 

Sec. 4052. National Petroleum Reserve in Alaska: lease sales. 

Sec. 4053. National Petroleum Reserve in Alaska: planning and permitting 

pipeline and road construction. 

Sec. 4054. Issuance of a new integrated activity plan and environmental impact 

statement. 

Sec. 4055. Departmental accountability for development. 

Sec. 4056. Deadlines under new proposed integrated activity plan. 

Sec. 4057. Updated resource assessment. 

PART V—MISCELLANEOUS PROVISIONS

Sec. 4061. Sanctions. 

Sec. 4062. Internet-based onshore oil and gas lease sales. 

PART VI—JUDICIAL REVIEW

Sec. 4071. Definitions. 

Sec. 4072. Exclusive venue for certain civil actions relating to covered energy 

projects. 

Sec. 4073. Timely filing. 

Sec. 4074. Expedition in hearing and determining the action. 

Sec. 4075. Limitation on injunction and prospective relief. 

Sec. 4076. Limitation on attorneys’ fees and court costs. 

Sec. 4077. Legal standing. 

TITLE V—ADDITIONAL ONSHORE RESOURCES 

Subtitle A—Leasing Program for Land Within Coastal Plain 

Sec. 5001. Finding. 

Sec. 5002. Definitions. 

Sec. 5003. Leasing program for land on the Coastal Plain. 

Sec. 5004. Lease sales. 

Sec. 5005. Grant of leases by the Secretary. 

Sec. 5006. Lease terms and conditions. 

Sec. 5007. Coastal Plain environmental protection. 

Sec. 5008. Expedited judicial review. 

Sec. 5009. Treatment of revenues. 

Sec. 5010. Rights-of-way across the Coastal Plain. 

Sec. 5011. Conveyance. 

Subtitle B—Native American Energy 


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Sec. 5021. Findings. 

Sec. 5022. Appraisals. 

Sec. 5023. Standardization. 

Sec. 5024. Environmental reviews of major Federal actions on Indian land. 

Sec. 5025. Judicial review. 

Sec. 5026. Tribal resource management plans. 

Sec. 5027. Leases of restricted lands for the Navajo Nation. 

Sec. 5028. Nonapplicability of certain rules. 

Subtitle C—Additional Regulatory Provisions 

PART I—STATE AUTHORITY OVER HYDRAULIC FRACTURING

Sec. 5031. Finding. 

Sec. 5032. State authority. 

PART II—MISCELLANEOUS PROVISIONS

Sec. 5041. Environmental legal fees. 

Sec. 5042. Master leasing plans. 

TITLE VI—IMPROVING AMERICA’S DOMESTIC REFINING CAPACITY 

Subtitle A—Refinery Permitting Reform 

Sec. 6001. Finding. 

Sec. 6002. Definitions. 

Sec. 6003. Streamlining of refinery permitting process. 

Subtitle B—Repeal of Renewable Fuel Standard 

Sec. 6011. Findings. 

Sec. 6012. Phase out of renewable fuel standard. 

TITLE VII—STOPPING EPA OVERREACH 

Sec. 7001. Findings. 

Sec. 7002. Clarification of Federal regulatory authority to exclude greenhouse 

gases from regulation under the Clean Air Act. 

Sec. 7003. Jobs analysis for all EPA regulations. 

TITLE VIII—DEBT FREEDOM FUND 

Sec. 8001. Findings. 

Sec. 8002. Debt freedom fund. 

1 TITLE I—EXPANDING AMERICAN 

2 ENERGY EXPORTS 

3 SEC. 1001. FINDING. 

4 Congress finds that opening up energy exports will 

5 contribute to economic development, private sector job 


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1 growth, and continued growth in American energy produc2 tion. 

3 SEC. 1002. NATURAL GAS EXPORTS. 

4 (a) FINDING.—Congress finds that expanding nat5 ural gas exports will lead to increased investment and de6 velopment of domestic supplies of natural gas that will 

7 contribute to job growth and economic development. 

8 (b) NATURAL GAS EXPORTS.—Section 3(c) of the 

9 Natural Gas Act (15 U.S.C. 717b(c)) is amended— 

10 (1) by inserting ‘‘or any other nation not ex11 cluded by this section’’ after ‘‘trade in natural gas’’; 

12 (2) by striking ‘‘(c) For purposes’’ and insert13 ing the following: 

14 ‘‘(c) EXPEDITED APPLICATION AND APPROVAL

15 PROCESS.— 

16 ‘‘(1) IN GENERAL.—For purposes’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(2) EXCLUSIONS.— 

19 ‘‘(A) IN GENERAL.—Any nation subject to 

20 sanctions or trade restrictions imposed by the 

21 United States is excluded from expedited ap22 proval under paragraph (1). 

23 ‘‘(B) DESIGNATION BY PRESIDENT OR

24 CONGRESS.—The President or Congress may 

25 designate nations that may be excluded from 


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1 expedited approval under paragraph (1) for rea2 sons of national security. 

3 ‘‘(3) ORDER NOT REQUIRED.—No order is re4 quired under subsection (a) to authorize the export 

5 or import of any natural gas to or from Canada or 

6 Mexico.’’. 

7 SEC. 1003. CRUDE OIL EXPORTS. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) the restrictions on crude oil exports from 

10 the 1970s are no longer necessary due to the techno11 logical advances that have increased the domestic 

12 supply of crude oil; and 

13 (2) repealing restrictions on crude oil exports 

14 will contribute to job growth and economic develop15 ment. 

16 (b) REPEAL OF PRESIDENTIAL AUTHORITY TO RE17 STRICT OIL EXPORTS.— 

18 (1) IN GENERAL.—Section 103 of the Energy 

19 Policy and Conservation Act (42 U.S.C. 6212) is re20 pealed. 

21 (2) CONFORMING AMENDMENTS.— 

22 (A) Section 12 of the Alaska Natural Gas 

23 Transportation Act of 1976 (15 U.S.C. 719j) is 

24 amended— 


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1 (i) by striking ‘‘and section 103 of the 

2 Energy Policy and Conservation Act’’; and 

3 (ii) by striking ‘‘such Acts’’ and in4 serting ‘‘that Act’’. 

5 (B) The Energy Policy and Conservation 

6 Act is amended— 

7 (i) in section 251 (42 U.S.C. 6271)— 

8 (I) by striking subsection (d); 

9 and 

10 (II) by redesignating subsection 

11 (e) as subsection (d); and 

12 (ii) in section 523(a)(1) (42 U.S.C. 

13 6393(a)(1)), by striking ‘‘(other than sec14 tion 103 thereof)’’. 

15 (c) REPEAL OF LIMITATIONS ON EXPORTS OF OIL.— 

16 (1) IN GENERAL.—Section 28 of the Mineral 

17 Leasing Act (30 U.S.C. 185) is amended— 

18 (A) by striking subsection (u); and 

19 (B) by redesignating subsections (v) 

20 through (y) as subsections (u) through (x), re21 spectively. 

22 (2) CONFORMING AMENDMENTS.— 

23 (A) Section 1107(c) of the Alaska National 

24 Interest Lands Conservation Act (16 U.S.C. 


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1 3167(c)) is amended by striking ‘‘(u) through 

2 (y)’’ and inserting ‘‘(u) through (x)’’. 

3 (B) Section 23 of the Deep Water Port 

4 Act of 1974 (33 U.S.C. 1522) is repealed. 

5 (C) Section 203(c) of the Trans-Alaska 

6 Pipeline Authorization Act (43 U.S.C. 1652(c)) 

7 is amended in the first sentence by striking 

8 ‘‘(w)(2), and (x))’’ and inserting ‘‘(v)(2), and 

9 (w))’’. 

10 (D) Section 509(c) of the Public Utility 

11 Regulatory Policies Act of 1978 (43 U.S.C. 

12 2009(c)) is amended by striking ‘‘subsection 

13 (w)(2)’’ and inserting ‘‘subsection (v)(2)’’. 

14 (d) REPEAL OF LIMITATIONS ON EXPORT OF OCS 

15 OIL OR GAS.—Section 28 of the Outer Continental Shelf 

16 Lands Act (43 U.S.C. 1354) is repealed. 

17 (e) TERMINATION OF LIMITATION ON EXPORTATION

18 OF CRUDE OIL.—Section 7(d) of the Export Administra19 tion Act of 1979 (50 U.S.C. App. 2406(d)) (as in effect 

20 pursuant to the International Emergency Economic Pow21 ers Act (50 U.S.C. 1701 et seq.)) shall have no force or 

22 effect. 

23 (f) CLARIFICATION OF CRUDE OIL REGULATION.— 


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1 (1) IN GENERAL.—Section 754.2 of title 15, 

2 Code of Federal Regulations (relating to crude oil) 

3 shall have no force or effect. 

4 (2) CRUDE OIL LICENSE REQUIREMENTS.—The 

5 Bureau of Industry and Security of the Department 

6 of Commerce shall grant licenses to export to a 

7 country crude oil (as the term is defined in sub8 section (a) of the regulation referred to in paragraph 

9 (1)) (as in effect on the date that is 1 day before 

10 the date of enactment of this Act) unless— 

11 (A) the country is subject to sanctions or 

12 trade restrictions imposed by the United States; 

13 or 

14 (B) the President or Congress has des15 ignated the country as subject to exclusion for 

16 reasons of national security. 

17 SEC. 1004. COAL EXPORTS. 

18 (a) FINDINGS.—Congress finds that— 

19 (1) increased international demand for coal is 

20 an opportunity to support jobs and promote eco21 nomic growth in the United States; and 

22 (2) exports of coal should not be unreasonably 

23 restricted or delayed. 

24 (b) NEPA REVIEW FOR COAL EXPORTS.—In com25 pleting an environmental impact statement or similar 


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1 analysis required under the National Environmental Pol2 icy Act of 1969 (42 U.S.C. 4321 et seq.) for an approval 

3 or permit for coal export terminals, or transportation of 

4 coal to coal export terminals, the Secretary of the Army, 

5 acting through the Chief of Engineers— 

6 (1) may only take into account domestic envi7 ronmental impacts; and 

8 (2) may not take into account any impacts re9 sulting from the final use overseas of the exported 

10 coal. 

11 TITLE II—IMPROVING NORTH 

12 AMERICAN ENERGY INFRA13 STRUCTURE 

14 Subtitle A—North American 

15 Energy Infrastructure 

16 SEC. 2001. FINDING. 

17 Congress finds that the United States should estab18 lish a more efficient, transparent, and modern process for 

19 the construction, connection, operation, and maintenance 

20 of oil and natural gas pipelines and electric transmission 

21 facilities for the import and export of oil, natural gas, and 

22 electricity to and from Canada and Mexico, in pursuit of 

23 a more secure and efficient North American energy mar24 ket. 


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1 SEC. 2002. DEFINITIONS. 

2 In this title: 

3 (1) ELECTRIC RELIABILITY ORGANIZATION.— 

4 The term ‘‘Electric Reliability Organization’’ has the 

5 meaning given the term in section 215(a) of the 

6 Federal Power Act (16 U.S.C. 824o(a)). 

7 (2) INDEPENDENT SYSTEM OPERATOR.—The 

8 term ‘‘Independent System Operator’’ has the mean9 ing given the term in section 3 of the Federal Power 

10 Act (16 U.S.C. 796). 

11 (3) NATURAL GAS.—The term ‘‘natural gas’’ 

12 has the meaning given the term in section 2 of the 

13 Natural Gas Act (15 U.S.C. 717a). 

14 (4) OIL.—The term ‘‘oil’’ means petroleum or 

15 a petroleum product. 

16 (5) REGIONAL ENTITY.—The term ‘‘regional 

17 entity’’ has the meaning given the term in section 

18 215(a) of the Federal Power Act (16 U.S.C. 

19 824o(a)). 

20 (6) REGIONAL TRANSMISSION ORGANIZATION.— 

21 The term ‘‘Regional Transmission Organization’’ 

22 has the meaning given the term in section 3 of the 

23 Federal Power Act (16 U.S.C. 796). 


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1 SEC. 2003. AUTHORIZATION OF CERTAIN ENERGY INFRA2 STRUCTURE PROJECTS AT THE NATIONAL 

3 BOUNDARY OF THE UNITED STATES. 

4 (a) AUTHORIZATION.—Except as provided in sub5 sections (d) and (e), no person may construct, connect, 

6 operate, or maintain an oil or natural gas pipeline or elec7 tric transmission facility at the national boundary of the 

8 United States for the import or export of oil, natural gas, 

9 or electricity to or from Canada or Mexico without obtain10 ing approval of the construction, connection, operation, or 

11 maintenance under this section. 

12 (b) APPROVAL.— 

13 (1) REQUIREMENT.—Not later than 120 days 

14 after receiving a request for approval of construc15 tion, connection, operation, or maintenance under 

16 this section, the relevant official identified under 

17 paragraph (2), in consultation with appropriate Fed18 eral agencies, shall approve the request unless the 

19 relevant official finds that the construction, connec20 tion, operation, or maintenance harms the national 

21 security interests of the United States. 

22 (2) RELEVANT OFFICIAL.—The relevant official 

23 referred to in paragraph (1) is— 

24 (A) the Secretary of Commerce with re25 spect to oil pipelines; 


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1 (B) the Federal Energy Regulatory Com2 mission with respect to natural gas pipelines; 

3 and 

4 (C) the Secretary of Energy with respect 

5 to electric transmission facilities. 

6 (3) APPROVAL NOT MAJOR FEDERAL ACTION.— 

7 An approval of construction, connection, operation, 

8 or maintenance under paragraph (1) shall not be 

9 considered a major Federal action under the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 

11 4321 et seq.). 

12 (4) ADDITIONAL REQUIREMENT FOR ELECTRIC

13 TRANSMISSION FACILITIES.—In the case of a request 

14 for approval of the construction, connection, oper15 ation, or maintenance of an electric transmission fa16 cility, the Secretary of Energy shall require, as a 

17 condition of approval of the request under paragraph 

18 (1), that the electric transmission facility be con19 structed, connected, operated, or maintained con20 sistent with all applicable policies and standards 

21 of— 

22 (A) the Electric Reliability Organization 

23 and the applicable regional entity; and 

24 (B) any Regional Transmission Organiza25 tion or Independent System Operator with 


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1 operational or functional control over the elec2 tric transmission facility. 

3 (c) NO OTHER APPROVAL REQUIRED.—No Presi4 dential permit (or similar permit) required under Execu5 tive Order 13337 (3 U.S.C. 301 note; 69 Fed. Reg. 25299 

6 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 

7 note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 

8 of title 3, United States Code, Executive Order 12038 (43 

9 Fed. Reg. 3674 (January 26, 1978)), Executive Order 

10 10485 (18 Fed. Reg. 5397 (September 9, 1953)), or any 

11 other Executive order shall be necessary for construction, 

12 connection, operation, or maintenance to which this sec13 tion applies. 

14 (d) EXCLUSIONS.—This section shall not apply to— 

15 (1) any construction, connection, operation, or 

16 maintenance of an oil or natural gas pipeline or elec17 tric transmission facility at the national boundary of 

18 the United States for the import or export of oil, 

19 natural gas, or electricity to or from Canada or Mex20 ico if— 

21 (A) the pipeline or facility is operating at 

22 the national boundary for that import or export 

23 as of the date of enactment of this Act; 


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1 (B) a permit described in subsection (c) 

2 for the construction, connection, operation, or 

3 maintenance has been issued; 

4 (C) approval of the construction, connec5 tion, operation, or maintenance has previously 

6 been obtained under this section; or 

7 (D) an application for a permit described 

8 in subsection (c) for the construction, connec9 tion, operation, or maintenance is pending on 

10 the date of enactment of this Act, until the ear11 lier of— 

12 (i) the date on which the application 

13 is denied; and 

14 (ii) July 1, 2015; or 

15 (2) the construction, connection, operation, or 

16 maintenance of the Keystone XL pipeline. 

17 (e) MODIFICATIONS TO EXISTING PROJECTS.—No 

18 approval under this section, or permit described in sub19 section (c), shall be required for modifications to construc20 tion, connection, operation, or maintenance described in 

21 subparagraph (A), (B), or (C) of subsection (d)(1), includ22 ing reversal of flow direction, change in ownership, volume 

23 expansion, downstream or upstream interconnection, or 

24 adjustments to maintain flow (such as a reduction or in25 crease in the number of pump or compressor stations). 


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1 (f) EFFECT OF OTHER LAWS.—Nothing in this sec2 tion affects the application of any other Federal law to 

3 a project for which approval of construction, connection, 

4 operation, or maintenance is sought under this section. 

5 SEC. 2004. TRANSMISSION OF ELECTRIC ENERGY TO CAN6 ADA AND MEXICO. 

7 (a) REPEAL OF REQUIREMENT TO SECURE

8 ORDER.—Section 202 of the Federal Power Act (16 

9 U.S.C. 824a) is amended by striking subsection (e). 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) STATE REGULATIONS.—Section 202 of the 

12 Federal Power Act (16 U.S.C. 824a) is amended— 

13 (A) by redesignating subsections (f) and 

14 (g) as subsections (e) and (f), respectively; and 

15 (B) in subsection (e) (as so redesignated), 

16 by striking ‘‘insofar as such State regulation 

17 does not conflict with the exercise of the Com18 mission’s powers under or relating to subsection 

19 202(e)’’. 

20 (2) SEASONAL DIVERSITY ELECTRICITY EX21 CHANGE.—Section 602(b) of the Public Utility Reg22 ulatory Policies Act of 1978 (16 U.S.C. 824a–4(b)) 

23 is amended by striking ‘‘the Commission has con24 ducted hearings and made the findings required 

25 under section 202(e) of the Federal Power Act’’ and 


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1 all that follows through the period at the end and 

2 inserting ‘‘the Secretary has conducted hearings and 

3 finds that the proposed transmission facilities would 

4 not impair the sufficiency of electric supply within 

5 the United States or would not impede or tend to 

6 impede the coordination in the public interest of fa7 cilities subject to the jurisdiction of the Secretary.’’. 

8 SEC. 2005. EFFECTIVE DATE; RULEMAKING DEADLINES. 

9 (a) EFFECTIVE DATE.—Sections 2003 and 2004, 

10 and the amendments made by those sections, shall take 

11 effect on July 1, 2015. 

12 (b) RULEMAKING DEADLINES.—Each relevant offi13 cial described in section 2003(b)(2) shall— 

14 (1) not later than 180 days after the date of 

15 enactment of this Act, publish in the Federal Reg16 ister notice of a proposed rulemaking to carry out 

17 the applicable requirements of section 2003; and 

18 (2) not later than 1 year after the date of en19 actment of this Act, publish in the Federal Register 

20 a final rule to carry out the applicable requirements 

21 of section 2003. 

22 Subtitle B—Keystone XL Permit 

23 Approval 

24 SEC. 2011. FINDINGS. 

25 Congress finds that— 


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1 (1) building the Keystone XL pipeline will pro2 vide jobs and economic growth to the United States; 

3 and 

4 (2) the Keystone XL pipeline should be ap5 proved immediately. 

6 SEC. 2012. KEYSTONE XL PERMIT APPROVAL. 

7 (a) IN GENERAL.—Notwithstanding Executive Order 

8 13337 (3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 

9 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 

10 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 

11 3, United States Code, and any other Executive order or 

12 provision of law, no presidential permit shall be required 

13 for the pipeline described in the application filed on May 

14 4, 2012, by TransCanada Corporation to the Department 

15 of State for the northern portion of the Keystone XL pipe16 line from the Canadian border to the border between the 

17 States of South Dakota and Nebraska. 

18 (b) ENVIRONMENTAL IMPACT STATEMENT.—The 

19 final environmental impact statement issued by the Sec20 retary of State on January 31, 2014, regarding the pipe21 line referred to in subsection (a), shall be considered to 

22 satisfy all requirements of the National Environmental 

23 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

24 (c) CRITICAL HABITAT.—No area necessary to con25 struct or maintain the Keystone XL pipeline shall be conVerDate Mar 15 2010 01:02 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4286.IH H4286

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1 sidered critical habitat under the Endangered Species Act 

2 of 1973 (16 U.S.C. 1531 et seq.) or any other provision 

3 of law. 

4 (d) PERMITS.—Any Federal permit or authorization 

5 issued before the date of enactment of this Act for the 

6 pipeline and cross-border facilities described in subsection 

7 (a), and the related facilities in the United States, shall 

8 remain in effect. 

9 (e) FEDERAL JUDICIAL REVIEW.—The pipeline and 

10 cross-border facilities described in subsection (a), and the 

11 related facilities in the United States, that are approved 

12 by this section, and any permit, right-of-way, or other ac13 tion taken to construct or complete the project pursuant 

14 to Federal law, shall only be subject to judicial review on 

15 direct appeal to the United States Court of Appeals for 

16 the District of Columbia Circuit. 

17 TITLE III—OUTER CONTINENTAL 

18 SHELF LEASING 

19 SEC. 3001. FINDING. 

20 Congress finds that the United States has enormous 

21 potential for offshore energy development and that the 

22 people of the United States should have access to the jobs 

23 and economic benefits from developing those resources. 


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1 SEC. 3002. EXTENSION OF LEASING PROGRAM. 

2 (a) IN GENERAL.—Subject to subsection (c), the 

3 Draft Proposed Outer Continental Shelf Oil and Gas 

4 Leasing Program 2010–2015 issued by the Secretary of 

5 the Interior (referred to in this title as the ‘‘Secretary’’) 

6 under section 18 of the Outer Continental Shelf Lands 

7 Act (43 U.S.C. 1344) shall be considered to be the final 

8 oil and gas leasing program under that section for the pe9 riod of fiscal years 2014 through 2019. 

10 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

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

13 period described in subsection (a) in accordance with all 

14 requirements under section 102(2)(C) of the National En15 vironmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

16 (c) EXCEPTIONS.—Lease Sales 214, 232, and 239 

17 shall not be included in the final oil and gas leasing pro18 gram for the period of fiscal years 2014 through 2019. 

19 SEC. 3003. LEASE SALES. 

20 (a) IN GENERAL.—Except as otherwise provided in 

21 this section, not later than 180 days after the date of en22 actment of this Act and every 270 days thereafter, the 

23 Secretary shall conduct a lease sale in each outer Conti24 nental Shelf planning area for which the Secretary deter25 mines that there is a commercial interest in purchasing 


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1 Federal oil and gas leases for production on the outer Con2 tinental Shelf. 

3 (b) SUBSEQUENT DETERMINATIONS AND SALES.—If 

4 the Secretary determines that there is not a commercial 

5 interest in purchasing Federal oil and gas leases for pro6 duction on the outer Continental Shelf in a planning area 

7 under this section, not later than 2 years after the date 

8 of the determination and every 2 years thereafter, the Sec9 retary shall— 

10 (1) make an additional determination on wheth11 er there is a commercial interest in purchasing Fed12 eral oil and gas leases for production on the outer 

13 Continental Shelf in the planning area; and 

14 (2) if the Secretary determines that there is a 

15 commercial interest under paragraph (1), conduct a 

16 lease sale in the planning area. 

17 (c) PROTECTION OF STATE INTEREST.—In devel18 oping future leasing programs, the Secretary shall give 

19 deference to affected coastal States (as the term is used 

20 in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

21 et seq.)) in determining leasing areas to be included in 

22 the leasing program. 

23 (d) PETITIONS.—If a person petitions the Secretary 

24 to conduct a lease sale for an outer Continental Shelf plan25 ning area in which the person has a commercial interest, 


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1 the Secretary shall conduct a lease sale for the area in 

2 accordance with subsection (a). 

3 SEC. 3004. APPLICATIONS FOR PERMITS TO DRILL. 

4 Section 5 of the Outer Continental Shelf Lands Act 

5 (43 U.S.C. 1334) is amended by adding at the end the 

6 following: 

7 ‘‘(k) APPLICATIONS FOR PERMITS TO DRILL.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 the Secretary shall approve or disapprove an applica10 tion for a permit to drill submitted under this Act 

11 not later than 20 days after the date on which the 

12 application is submitted to the Secretary. 

13 ‘‘(2) DISAPPROVAL.—If the Secretary dis14 approves an application for a permit to drill under 

15 paragraph (1), the Secretary shall— 

16 ‘‘(A) provide to the applicant a description 

17 of the reasons for the disapproval of the appli18 cation; 

19 ‘‘(B) allow the applicant to resubmit an 

20 application during the 10-day period beginning 

21 on the date of the receipt of the description de22 scribed in subparagraph (A) by the applicant; 

23 and 

24 ‘‘(C) approve or disapprove any resub25 mitted application not later than 10 days after 


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1 the date on which the application is submitted 

2 to the Secretary.’’. 

3 SEC. 3005. LEASE SALES FOR CERTAIN AREAS. 

4 (a) IN GENERAL.—As soon as practicable but not 

5 later than 1 year after the date of enactment of this Act, 

6 the Secretary shall conduct Lease Sale 220 for areas off7 shore of the State of Virginia. 

8 (b) COMPLIANCE WITH OTHER LAWS.—For pur9 poses of the lease sale described in subsection (a), the en10 vironmental impact statement prepared under section 

11 3001 shall satisfy the requirements of the National Envi12 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

13 (c) ENERGY PROJECTS IN GULF OF MEXICO.— 

14 (1) JURISDICTION.—The United States Court 

15 of Appeals for the Fifth Circuit shall have exclusive 

16 jurisdiction over challenges to offshore energy 

17 projects and permits to drill carried out in the Gulf 

18 of Mexico. 

19 (2) FILING DEADLINE.—Any civil action to 

20 challenge a project or permit described in paragraph 

21 (1) shall be filed not later than 60 days after the 

22 date of approval of the project or the issuance of the 

23 permit. 


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1 TITLE IV—UTILIZING AMERICA’S 

2 ONSHORE RESOURCES 

3 SEC. 4001. FINDINGS. 

4 Congress finds that— 

5 (1) current policy has failed to take full advan6 tage of the natural resources on Federal land; 

7 (2) the States should be given the option to 

8 lead energy development on all available Federal 

9 land in a State; and 

10 (3) the Federal Government should not inhibit 

11 energy development on Federal land. 

12 SEC. 4002. STATE OPTION FOR ENERGY DEVELOPMENT. 

13 Notwithstanding any other provision of this title, a 

14 State may elect to control energy development and produc15 tion on available Federal land in accordance with the 

16 terms and conditions of subtitle A and the amendments 

17 made by subtitle A in lieu of being subject to the Federal 

18 system established under subtitle B and the amendments 

19 made by subtitle B. 

20 Subtitle A—Energy Development 

21 by States 

22 SEC. 4011. DEFINITIONS. 

23 In this subtitle: 


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1 (1) AVAILABLE FEDERAL LAND.—The term 

2 ‘‘available Federal land’’ means any Federal land 

3 that, as of the date of enactment of this Act— 

4 (A) is located within the boundaries of a 

5 State; 

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

7 trust for the benefit of a federally recognized 

8 Indian tribe; 

9 (C) is not a unit of the National Park Sys10 tem; 

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

12 Refuge System; and 

13 (E) is not a congressionally designated wil14 derness area. 

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

16 the Secretary of the Interior. 

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

18 (A) a State; and 

19 (B) the District of Columbia. 

20 SEC. 4012. STATE PROGRAMS. 

21 (a) IN GENERAL.—A State— 

22 (1) may establish a program covering the leas23 ing and permitting processes, regulatory require24 ments, and any other provisions by which the State 

25 would exercise the rights of the State to develop all 


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1 forms of energy resources on available Federal land 

2 in the State; and 

3 (2) as a condition of certification under section 

4 4013(b) shall submit a declaration to the Depart5 ments of the Interior, Agriculture, and Energy that 

6 a program under paragraph (1) has been established 

7 or amended. 

8 (b) AMENDMENT OF PROGRAMS.—A State may 

9 amend a program developed and certified under this sub10 title at any time. 

11 (c) CERTIFICATION OF AMENDED PROGRAMS.—Any 

12 program amended under subsection (b) shall be certified 

13 under section 4013(b). 

14 SEC. 4013. LEASING, PERMITTING, AND REGULATORY PRO15 GRAMS. 

16 (a) SATISFACTION OF FEDERAL REQUIREMENTS.— 

17 Each program certified under this section shall be consid18 ered to satisfy all applicable requirements of Federal law 

19 (including regulations), including— 

20 (1) the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.); 

22 (2) the Endangered Species Act of 1973 (16 

23 U.S.C. 1531 et seq.); and 

24 (3) the National Historic Preservation Act (16 

25 U.S.C. 470 et seq.). 


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1 (b) FEDERAL CERTIFICATION AND TRANSFER OF

2 DEVELOPMENT RIGHTS.—Upon submission of a declara3 tion by a State under section 4012(a)(2)— 

4 (1) the program under section 4012(a)(1) shall 

5 be certified; and 

6 (2) the State shall receive all rights from the 

7 Federal Government to develop all forms of energy 

8 resources covered by the program. 

9 (c) ISSUANCE OF PERMITS AND LEASES.—If a State 

10 elects to issue a permit or lease for the development of 

11 any form of energy resource on any available Federal land 

12 within the borders of the State in accordance with a pro13 gram certified under subsection (b), the permit or lease 

14 shall be considered to meet all applicable requirements of 

15 Federal law (including regulations). 

16 SEC. 4014. JUDICIAL REVIEW. 

17 Activities carried out in accordance with this subtitle 

18 shall not be subject to Federal judicial review. 

19 SEC. 4015. ADMINISTRATIVE PROCEDURE ACT. 

20 Activities carried out in accordance with this subtitle 

21 shall not be subject to subchapter II of chapter 5, and 

22 chapter 7, of title 5, United States Code (commonly known 

23 as the ‘‘Administrative Procedure Act’’). 


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1 Subtitle B—Onshore Oil and Gas 

2 Permit Streamlining 

3 PART I—OIL AND GAS LEASING CERTAINTY 

4 SEC. 4021. MINIMUM ACREAGE REQUIREMENT FOR ON5 SHORE LEASE SALES. 

6 Section 17 of the Mineral Leasing Act (30 U.S.C. 

7 226) is amended— 

8 (1) by striking ‘‘SEC. 17. (a) All lands’’ and in9 serting the following: 

10 ‘‘SEC. 17. LEASE OF OIL AND GAS LAND. 

11 ‘‘(a) AUTHORITY OF SECRETARY.— 

12 ‘‘(1) IN GENERAL.—All land’’; and 

13 (2) in subsection (a), by adding at the end the 

14 following: 

15 ‘‘(2) MINIMUM ACREAGE REQUIREMENT FOR

16 ONSHORE LEASE SALES.— 

17 ‘‘(A) IN GENERAL.—In conducting lease 

18 sales under paragraph (1)— 

19 ‘‘(i) there shall be a presumption that 

20 nominated land should be leased; and 

21 ‘‘(ii) the Secretary of the Interior 

22 shall offer for sale all of the nominated 

23 acreage not previously made available for 

24 lease, unless the Secretary demonstrates by 


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1 clear and convincing evidence that an indi2 vidual lease should not be granted. 

3 ‘‘(B) ADMINISTRATION.—Acreage offered 

4 for lease pursuant to this paragraph— 

5 ‘‘(i) shall not be subject to protest; 

6 and 

7 ‘‘(ii) shall be eligible for categorical 

8 exclusions under section 390 of the Energy 

9 Policy Act of 2005 (42 U.S.C. 15942), ex10 cept that the categorical exclusions shall 

11 not be subject to the test of extraordinary 

12 circumstances or any other similar regula13 tion or policy guidance. 

14 ‘‘(C) AVAILABILITY.—In administering this 

15 paragraph, the Secretary shall only consider 

16 leasing of Federal land that is available for 

17 leasing at the time the lease sale occurs.’’. 

18 SEC. 4022. LEASING CERTAINTY. 

19 Section 17(a) of the Mineral Leasing Act (30 U.S.C. 

20 226(a)) (as amended by section 4061) is amended by add21 ing at the end the following: 

22 ‘‘(3) LEASING CERTAINTY.— 

23 ‘‘(A) IN GENERAL.—The Secretary of the 

24 Interior shall not withdraw any covered energy 

25 project (as defined in section 4051 of the AmerVerDate Mar 15 2010 01:02 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4286.IH H4286

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1 ican Energy Renaissance Act of 2014) issued 

2 under this Act without finding a violation of the 

3 terms of the lease by the lessee. 

4 ‘‘(B) DELAY.—The Secretary shall not in5 fringe on lease rights under leases issued under 

6 this Act by indefinitely delaying issuance of 

7 project approvals, drilling and seismic permits, 

8 and rights-of-way for activities under the lease. 

9 ‘‘(C) AVAILABILITY FOR LEASE.—Not later 

10 than 18 months after an area is designated as 

11 open under the applicable land use plan, the 

12 Secretary shall make available nominated areas 

13 for lease using the criteria established under 

14 section 2. 

15 ‘‘(D) LAST PAYMENT.— 

16 ‘‘(i) IN GENERAL.—Notwithstanding 

17 any other provision of law, the Secretary 

18 shall issue all leases sold not later than 60 

19 days after the last payment is made. 

20 ‘‘(ii) CANCELLATION.—The Secretary 

21 shall not cancel or withdraw any lease par22 cel after a competitive lease sale has oc23 curred and a winning bidder has submitted 

24 the last payment for the parcel. 

25 ‘‘(E) PROTESTS.— 


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1 ‘‘(i) IN GENERAL.—Not later than the 

2 end of the 60-day period beginning on the 

3 date a lease sale is held under this Act, the 

4 Secretary shall adjudicate any lease pro5 tests filed following a lease sale. 

6 ‘‘(ii) UNSETTLED PROTEST.—If, after 

7 the 60-day period described in clause (i) 

8 any protest is left unsettled— 

9 ‘‘(I) the protest shall be consid10 ered automatically denied; and 

11 ‘‘(II) the appeal rights of the 

12 protestor shall begin. 

13 ‘‘(F) ADDITIONAL LEASE STIPULATIONS.— 

14 No additional lease stipulation may be added 

15 after the parcel is sold without consultation and 

16 agreement of the lessee, unless the Secretary 

17 considers the stipulation as an emergency ac18 tion to conserve the resources of the United 

19 States.’’. 

20 SEC. 4023. LEASING CONSISTENCY. 

21 A Federal land manager shall follow existing resource 

22 management plans and continue to actively lease in areas 

23 designated as open when resource management plans are 

24 being amended or revised, until such time as a new record 

25 of decision is signed. 


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1 SEC. 4024. REDUCE REDUNDANT POLICIES. 

2 Bureau of Land Management Instruction Memo3 randum 2010–117 shall have no force or effect. 

4 SEC. 4025. STREAMLINED CONGRESSIONAL NOTIFICATION. 

5 Section 31(e) of the Mineral Leasing Act (30 U.S.C. 

6 188(e)) is amended in the first sentence of the matter fol7 lowing paragraph (4) by striking ‘‘at least thirty days in 

8 advance of the reinstatement’’ and inserting ‘‘in an annual 

9 report’’. 

10 PART II—APPLICATION FOR PERMITS TO DRILL 

11 PROCESS REFORM 

12 SEC. 4031. PERMIT TO DRILL APPLICATION TIMELINE. 

13 Section 17(p) of the Mineral Leasing Act (30 U.S.C. 

14 226(p)) is amended by striking paragraph (2) and insert15 ing the following: 

16 ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL RE17 FORM AND PROCESS.— 

18 ‘‘(A) IN GENERAL.—Not later than the 

19 end of the 30-day period beginning on the date 

20 an application for a permit to drill is received 

21 by the Secretary, the Secretary shall decide 

22 whether to issue the permit. 

23 ‘‘(B) EXTENSION.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 may extend the period described in sub26 paragraph (A) for up to 2 periods of 15 


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1 days each, if the Secretary has given writ2 ten notice of the delay to the applicant. 

3 ‘‘(ii) NOTICE.—The notice shall— 

4 ‘‘(I) be in the form of a letter 

5 from the Secretary or a designee of 

6 the Secretary; and 

7 ‘‘(II) include— 

8 ‘‘(aa) the names and titles 

9 of the persons processing the ap10 plication; 

11 ‘‘(bb) the specific reasons 

12 for the delay; and 

13 ‘‘(cc) a specific date a final 

14 decision on the application is ex15 pected. 

16 ‘‘(C) NOTICE OF REASONS FOR DENIAL.— 

17 If the application is denied, the Secretary shall 

18 provide the applicant— 

19 ‘‘(i) a written statement that provides 

20 clear and comprehensive reasons why the 

21 application was not accepted and detailed 

22 information concerning any deficiencies; 

23 and 

24 ‘‘(ii) an opportunity to remedy any de25 ficiencies. 


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1 ‘‘(D) APPLICATION DEEMED APPROVED.— 

2 ‘‘(i) IN GENERAL.—Except as pro3 vided in clause (ii), if the Secretary has 

4 not made a decision on the application by 

5 the end of the 60-day period beginning on 

6 the date the application is received by the 

7 Secretary, the application shall be consid8 ered approved. 

9 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

10 not apply in cases in which existing reviews 

11 under the National Environmental Policy 

12 Act of 1969 (42 U.S.C. 4321 et seq.) or 

13 Endangered Species Act of 1973 (16 

14 U.S.C. 1531 et seq.) are incomplete. 

15 ‘‘(E) DENIAL OF PERMIT.—If the Sec16 retary decides not to issue a permit to drill 

17 under this paragraph, the Secretary shall— 

18 ‘‘(i) provide to the applicant a descrip19 tion of the reasons for the denial of the 

20 permit; 

21 ‘‘(ii) allow the applicant to resubmit 

22 an application for a permit to drill during 

23 the 10-day period beginning on the date 

24 the applicant receives the description of 

25 the denial from the Secretary; and 


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1 ‘‘(iii) issue or deny any resubmitted 

2 application not later than 10 days after the 

3 date the application is submitted to the 

4 Secretary. 

5 ‘‘(F) FEE.— 

6 ‘‘(i) IN GENERAL.—Notwithstanding 

7 any other provision of law, the Secretary 

8 shall collect a single $6,500 permit proc9 essing fee per application from each appli10 cant at the time the final decision is made 

11 whether to issue a permit under subpara12 graph (A). 

13 ‘‘(ii) RESUBMITTED APPLICATION.— 

14 The fee required under clause (i) shall not 

15 apply to any resubmitted application. 

16 ‘‘(iii) TREATMENT OF PERMIT PROC17 ESSING FEE.—Subject to appropriation, of 

18 all fees collected under this paragraph for 

19 each fiscal year, 50 percent shall be— 

20 ‘‘(I) transferred to the field office 

21 at which the fees are collected; and 

22 ‘‘(II) used to process protests, 

23 leases, and permits under this Act.’’. 


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1 SEC. 4032. ADMINISTRATIVE PROTEST DOCUMENTATION 

2 REFORM. 

3 Section 17(p) of the Mineral Leasing Act (30 U.S.C. 

4 226(p)) (as amended by section 4031) is amended by add5 ing at the end the following: 

6 ‘‘(4) PROTEST FEE.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 collect a $5,000 documentation fee to accom9 pany each administrative protest for a lease, 

10 right-of-way, or application for a permit to drill. 

11 ‘‘(B) TREATMENT OF FEES.—Subject to 

12 appropriation, of all fees collected under this 

13 paragraph for each fiscal year, 50 percent 

14 shall— 

15 ‘‘(i) remain in the field office at which 

16 the fees are collected; and 

17 ‘‘(ii) be used to process protests.’’. 

18 SEC. 4033. IMPROVED FEDERAL ENERGY PERMIT COORDI19 NATION. 

20 (a) DEFINITIONS.—In this section: 

21 (1) ENERGY PROJECT.—The term ‘‘energy 

22 project’’ includes any oil, natural gas, coal, or other 

23 energy project, as defined by the Secretary. 

24 (2) PROJECT.—The term ‘‘Project’’ means the 

25 Federal Permit Streamlining Project established 

26 under subsection (b). 


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

2 the Secretary of the Interior. 

3 (b) ESTABLISHMENT.—The Secretary shall establish 

4 a Federal Permit Streamlining Project in each Bureau of 

5 Land Management field office with responsibility for per6 mitting energy projects on Federal land. 

7 (c) MEMORANDUM OF UNDERSTANDING.— 

8 (1) IN GENERAL.—Not later than 90 days after 

9 the date of enactment of this Act, the Secretary 

10 shall enter into a memorandum of understanding for 

11 purposes of carrying out this section with— 

12 (A) the Secretary of Agriculture; 

13 (B) the Administrator of the Environ14 mental Protection Agency; and 

15 (C) the Chief of Engineers. 

16 (2) STATE PARTICIPATION.—The Secretary 

17 may request that the Governor of any State with en18 ergy projects on Federal land to be a signatory to 

19 the memorandum of understanding. 

20 (d) DESIGNATION OF QUALIFIED STAFF.— 

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

22 the date of the signing of the memorandum of un23 derstanding under subsection (c), each Federal sig24 natory party shall, if appropriate, assign to each Bu25 reau of Land Management field office an employee 


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1 who has expertise in the regulatory issues relating to 

2 the office in which the employee is employed, includ3 ing, as applicable, particular expertise in— 

4 (A) the consultations and the preparation 

5 of biological opinions under section 7 of the En6 dangered Species Act of 1973 (16 U.S.C. 

7 1536); 

8 (B) permits under section 404 of the Fed9 eral Water Pollution Control Act (33 U.S.C. 

10 1344); 

11 (C) regulatory matters under the Clean Air 

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

13 (D) planning under the National Forest 

14 Management Act of 1976 (16 U.S.C. 1600 et 

15 seq.); and 

16 (E) the preparation of analyses under the 

17 National Environmental Policy Act of 1969 (42 

18 U.S.C. 4321 et seq.). 

19 (2) DUTIES.—Each employee assigned under 

20 paragraph (1) shall— 

21 (A) not later than 90 days after the date 

22 of assignment, report to the Bureau of Land 

23 Management Field Managers in the office to 

24 which the employee is assigned; 


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1 (B) be responsible for all issues relating to 

2 the energy projects that arise under the au3 thorities of the home agency of the employee; 

4 and 

5 (C) participate as part of the team of per6 sonnel working on proposed energy projects, 

7 planning, and environmental analyses on Fed8 eral land. 

9 (e) ADDITIONAL PERSONNEL.—The Secretary shall 

10 assign to each Bureau of Land Management field office 

11 described in subsection (b) any additional personnel that 

12 are necessary to ensure the effective approval and imple13 mentation of energy projects administered by the Bureau 

14 of Land Management field office, including inspection and 

15 enforcement relating to energy development on Federal 

16 land, in accordance with the multiple use mandate of the 

17 Federal Land Policy and Management Act of 1976 (43 

18 U.S.C. 1701 et seq.). 

19 (f) FUNDING.—Funding for the additional personnel 

20 shall come from the Department of the Interior reforms 

21 under paragraph (2) of section 17(p) of the Mineral Leas22 ing Act (30 U.S.C. 226(p)) (as amended by section 4031 

23 and section 4032). 

24 (g) SAVINGS PROVISION.—Nothing in this section af25 fects— 


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1 (1) the operation of any Federal or State law; 

2 or 

3 (2) any delegation of authority made by the 

4 head of a Federal agency any employee of which is 

5 participating in the Project. 

6 SEC. 4034. ADMINISTRATION. 

7 Notwithstanding any other provision of law, the Sec8 retary of the Interior shall not require a finding of extraor9 dinary circumstances in administering section 390 of the 

10 Energy Policy Act of 2005 (42 U.S.C. 15942). 

11 PART III—OIL SHALE 

12 SEC. 4041. EFFECTIVENESS OF OIL SHALE REGULATIONS, 

13 AMENDMENTS TO RESOURCE MANAGEMENT 

14 PLANS, AND RECORD OF DECISION. 

15 (a) REGULATIONS.— 

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law (including regulations), the final 

18 regulations regarding oil shale management pub19 lished by the Bureau of Land Management on No20 vember 18, 2008 (73 Fed. Reg. 69414), shall be 

21 considered to satisfy all legal and procedural re22 quirements under any law, including— 

23 (A) the Federal Land Policy and Manage24 ment Act of 1976 (43 U.S.C. 1701 et seq.); 


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1 (B) the Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.); and 

3 (C) the National Environmental Policy Act 

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

5 (2) IMPLEMENTATION.—The Secretary of the 

6 Interior shall implement the regulations described in 

7 paragraph (1) (including the oil shale leasing pro8 gram authorized by the regulations) without any 

9 other administrative action necessary. 

10 (b) AMENDMENTS TO RESOURCE MANAGEMENT

11 PLANS AND RECORD OF DECISION.— 

12 (1) IN GENERAL.—Notwithstanding any other 

13 provision of law (including regulations) to the con14 trary, the Approved Resource Management Plan 

15 Amendments/Record of Decision for Oil Shale and 

16 Tar Sands Resources to Address Land Use Alloca17 tions in Colorado, Utah, and Wyoming and the Final 

18 Programmatic Environmental Impact Statement of 

19 the Bureau of Land Management, as in effect on 

20 November 17, 2008, shall be considered to satisfy all 

21 legal and procedural requirements under any law, in22 cluding— 

23 (A) the Federal Land Policy and Manage24 ment Act of 1976 (43 U.S.C. 1701 et seq.); 


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1 (B) the Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.); and 

3 (C) the National Environmental Policy Act 

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

5 (2) IMPLEMENTATION.—The Secretary of the 

6 Interior shall implement the oil shale leasing pro7 gram authorized by the regulations described in 

8 paragraph (1) in those areas covered by the resource 

9 management plans covered by the amendments, and 

10 covered by the record of decision, described in para11 graph (1) without any other administrative action 

12 necessary. 

13 SEC. 4042. OIL SHALE LEASING. 

14 (a) ADDITIONAL RESEARCH AND DEVELOPMENT

15 LEASE SALES.—Not later than 180 days after the date 

16 of enactment of this Act, the Secretary of the Interior 

17 shall hold a lease sale offering an additional 10 parcels 

18 for lease for research, development, and demonstration of 

19 oil shale resources, under the terms offered in the solicita20 tion of bids for such leases published on January 15, 2009 

21 (74 Fed. Reg. 2611). 

22 (b) COMMERCIAL LEASE SALES.— 

23 (1) IN GENERAL.—Not later than January 1, 

24 2016, the Secretary of the Interior shall hold not 

25 less than 5 separate commercial lease sales in areas 


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1 considered to have the most potential for oil shale 

2 development, as determined by the Secretary, in 

3 areas nominated through public comment. 

4 (2) ADMINISTRATION.—Each lease sale shall 

5 be— 

6 (A) for an area of not less than 25,000 

7 acres; and 

8 (B) in multiple lease blocs. 

9 PART IV—NATIONAL PETROLEUM RESERVE IN 

10 ALASKA ACCESS 

11 SEC. 4051. SENSE OF CONGRESS AND REAFFIRMING NA12 TIONAL POLICY FOR THE NATIONAL PETRO13 LEUM RESERVE IN ALASKA. 

14 It is the sense of Congress that— 

15 (1) the National Petroleum Reserve in Alaska 

16 remains explicitly designated, both in name and legal 

17 status, for purposes of providing oil and natural gas 

18 resources to the United States; and 

19 (2) accordingly, the national policy is to actively 

20 advance oil and gas development within the Reserve 

21 by facilitating the expeditious exploration, produc22 tion, and transportation of oil and natural gas from 

23 and through the Reserve. 


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1 SEC. 4052. NATIONAL PETROLEUM RESERVE IN ALASKA: 

2 LEASE SALES. 

3 Section 107 of the Naval Petroleum Reserves Produc4 tion Act of 1976 (42 U.S.C. 6506a) is amended by strik5 ing subsection (a) and inserting the following: 

6 ‘‘(a) IN GENERAL.—The Secretary shall conduct an 

7 expeditious program of competitive leasing of oil and gas 

8 in the Reserve— 

9 ‘‘(1) in accordance with this Act; and 

10 ‘‘(2) that shall include at least 1 lease sale an11 nually in the areas of the Reserve most likely to 

12 produce commercial quantities of oil and natural gas 

13 for each of calendar years 2014 through 2023.’’. 

14 SEC. 4053. NATIONAL PETROLEUM RESERVE IN ALASKA: 

15 PLANNING AND PERMITTING PIPELINE AND 

16 ROAD CONSTRUCTION. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, the Secretary of the Interior, in consultation 

19 with other appropriate Federal agencies, shall facilitate 

20 and ensure permits, in a timely and environmentally re21 sponsible manner, for all surface development activities, 

22 including for the construction of pipelines and roads, nec23 essary— 

24 (1) to develop and bring into production any 

25 areas within the National Petroleum Reserve in 

26 Alaska that are subject to oil and gas leases; and 


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1 (2) to transport oil and gas from and through 

2 the National Petroleum Reserve in Alaska in the 

3 most direct manner possible to existing transpor4 tation or processing infrastructure on the North 

5 Slope of Alaska. 

6 (b) TIMELINE.—The Secretary shall ensure that any 

7 Federal permitting agency shall issue permits in accord8 ance with the following timeline: 

9 (1) Permits for the construction described in 

10 subsection (a) for transportation of oil and natural 

11 gas produced under existing Federal oil and gas 

12 leases with respect to which the Secretary has issued 

13 a permit to drill shall be approved not later than 60 

14 days after the date of enactment of this Act. 

15 (2) Permits for the construction described in 

16 subsection (a) for transportation of oil and natural 

17 gas produced under Federal oil and gas leases shall 

18 be approved not later than 180 days after the date 

19 on which a request for a permit to drill is submitted 

20 to the Secretary. 

21 (c) PLAN.—To ensure timely future development of 

22 the National Petroleum Reserve in Alaska, not later than 

23 270 days after the date of enactment of this Act, the Sec24 retary of the Interior shall submit to Congress a plan for 

25 approved rights-of-way for a plan for pipeline, road, and 


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1 any other surface infrastructure that may be necessary in2 frastructure that will ensure that all leasable tracts in the 

3 Reserve are within 25 miles of an approved road and pipe4 line right-of-way that can serve future development of the 

5 Reserve. 

6 SEC. 4054. ISSUANCE OF A NEW INTEGRATED ACTIVITY 

7 PLAN AND ENVIRONMENTAL IMPACT STATE8 MENT. 

9 (a) ISSUANCE OF NEW INTEGRATED ACTIVITY

10 PLAN.—Not later than 180 days after the date of enact11 ment of this Act, the Secretary of the Interior shall 

12 issue— 

13 (1) a new proposed integrated activity plan 

14 from among the nonadopted alternatives in the Na15 tional Petroleum Reserve Alaska Integrated Activity 

16 Plan Record of Decision issued by the Secretary of 

17 the Interior and dated February 21, 2013; and 

18 (2) an environmental impact statement under 

19 section 102(2)(C) of the National Environmental 

20 Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for 

21 issuance of oil and gas leases in the National Petro22 leum Reserve-Alaska to promote efficient and max23 imum development of oil and natural gas resources 

24 of the Reserve. 


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1 (b) NULLIFICATION OF EXISTING RECORD OF DECI2 SION, IAP, AND EIS.—Except as provided in subsection 

3 (a), the National Petroleum Reserve-Alaska Integrated 

4 Activity Plan Record of Decision issued by the Secretary 

5 of the Interior and dated February 21, 2013, including 

6 the integrated activity plan and environmental impact 

7 statement referred to in that record of decision, shall have 

8 no force or effect. 

9 SEC. 4055. DEPARTMENTAL ACCOUNTABILITY FOR DEVEL10 OPMENT. 

11 The Secretary of the Interior shall promulgate regu12 lations not later than 180 days after the date of enactment 

13 of this Act that establish clear requirements to ensure that 

14 the Department of the Interior is supporting development 

15 of oil and gas leases in the National Petroleum Reserve16 Alaska. 

17 SEC. 4056. DEADLINES UNDER NEW PROPOSED INTE18 GRATED ACTIVITY PLAN. 

19 At a minimum, the new proposed integrated activity 

20 plan issued under section 4054(a)(1) shall— 

21 (1) require the Department of the Interior to 

22 respond within 5 business days to a person who sub23 mits an application for a permit for development of 

24 oil and natural gas leases in the National Petroleum 


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1 Reserve-Alaska acknowledging receipt of the applica2 tion; and 

3 (2) establish a timeline for the processing of 

4 each application that— 

5 (A) specifies deadlines for decisions and 

6 actions on permit applications; and 

7 (B) provides that the period for issuing a 

8 permit after the date on which the application 

9 is submitted shall not exceed 60 days without 

10 the concurrence of the applicant. 

11 SEC. 4057. UPDATED RESOURCE ASSESSMENT. 

12 (a) IN GENERAL.—The Secretary of the Interior shall 

13 complete a comprehensive assessment of all technically re14 coverable fossil fuel resources within the National Petro15 leum Reserve in Alaska, including all conventional and un16 conventional oil and natural gas. 

17 (b) COOPERATION AND CONSULTATION.—The as18 sessment required by subsection (a) shall be carried out 

19 by the United States Geological Survey in cooperation and 

20 consultation with the State of Alaska and the American 

21 Association of Petroleum Geologists. 

22 (c) TIMING.—The assessment required by subsection 

23 (a) shall be completed not later than 2 years after the 

24 date of enactment of this Act. 


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1 (d) FUNDING.—In carrying out this section, the 

2 United States Geological Survey may cooperatively use re3 sources and funds provided by the State of Alaska. 

4 PART V—MISCELLANEOUS PROVISIONS 

5 SEC. 4061. SANCTIONS. 

6 Nothing in this title authorizes the issuance of a lease 

7 under the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

8 to any person designated for the imposition of sanctions 

9 pursuant to— 

10 (1) the Syria Accountability and Lebanese Sov11 ereignty Restoration Act of 2003 (22 U.S.C. 2151 

12 note; Public Law 108–175); 

13 (2) the Comprehensive Iran Sanctions, Account14 ability, and Divestiture Act of 2010 (22 U.S.C. 8501 

15 et seq.); 

16 (3) section 1245 of the National Defense Au17 thorization Act for Fiscal Year 2012 (22 U.S.C. 

18 8513a); 

19 (4) the Iran Threat Reduction and Syria 

20 Human Rights Act of 2012 (22 U.S.C. 8701 et 

21 seq.); 

22 (5) the Iran Freedom and Counter-Proliferation 

23 Act of 2012 (22 U.S.C. 8801 et seq.); 

24 (6) the Iran Sanctions Act of 1996 (50 U.S.C. 

25 1701 note; Public Law 104–172); 


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1 (7) Executive Order 13224 (50 U.S.C. 1701 

2 note; relating to blocking property and prohibiting 

3 transactions with persons who commit, threaten to 

4 commit, or support terrorism); 

5 (8) Executive Order 13338 (50 U.S.C. 1701 

6 note; relating to blocking property of certain persons 

7 and prohibiting the export of certain goods to 

8 Syria); 

9 (9) Executive Order 13622 (50 U.S.C. 1701 

10 note; relating to authorizing additional sanctions 

11 with respect to Iran); 

12 (10) Executive Order 13628 (50 U.S.C. 1701 

13 note; relating to authorizing additional sanctions 

14 with respect to Iran); or 

15 (11) Executive Order 13645 (50 U.S.C. 1701 

16 note; relating to authorizing additional sanctions 

17 with respect to Iran). 

18 SEC. 4062. INTERNET-BASED ONSHORE OIL AND GAS LEASE 

19 SALES. 

20 (a) AUTHORIZATION.—Section 17(b)(1) of the Min21 eral Leasing Act (30 U.S.C. 226(b)(1)) is amended— 

22 (1) in subparagraph (A), in the third sentence, 

23 by inserting ‘‘, except as provided in subparagraph 

24 (C)’’ after ‘‘by oral bidding’’; and 

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


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1 ‘‘(C) INTERNET-BASED BIDDING.— 

2 ‘‘(i) IN GENERAL.—In order to diversify and ex3 pand the onshore leasing program of the United 

4 States to ensure the best return to the Federal tax5 payer, reduce fraud, and secure the leasing process, 

6 the Secretary may conduct onshore lease sales 

7 through Internet-based bidding methods. 

8 ‘‘(ii) CONCLUSION.—Each individual Internet9 based lease sale shall conclude not later than 7 days 

10 after the date on which the sale begins.’’. 

11 (b) REPORT.—Not later than 90 days after the date 

12 on which the tenth Internet-based lease sale conducted 

13 under the amendment made by subsection (a) concludes, 

14 the Secretary of the Interior shall analyze the first 10 

15 Internet-based lease sales and report to Congress the find16 ings of the analysis, including— 

17 (1) estimates on increases or decreases in Inter18 net-based lease sales, compared to sales conducted 

19 by oral bidding, in— 

20 (A) the number of bidders; 

21 (B) the average amount of bid; 

22 (C) the highest amount bid; and 

23 (D) the lowest bid; 

24 (2) an estimate on the total cost or savings to 

25 the Department of the Interior as a result of InterVerDate Mar 15 2010 01:02 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4286.IH H4286

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1 net-based lease sales, compared to sales conducted 

2 by oral bidding; and 

3 (3) an evaluation of the demonstrated or ex4 pected effectiveness of different structures for lease 

5 sales which may provide an opportunity to better— 

6 (A) maximize bidder participation; 

7 (B) ensure the highest return to the Fed8 eral taxpayers; 

9 (C) minimize opportunities for fraud or 

10 collusion; and 

11 (D) ensure the security and integrity of 

12 the leasing process. 

13 PART VI—JUDICIAL REVIEW 

14 SEC. 4071. DEFINITIONS. 

15 In this part: 

16 (1) COVERED CIVIL ACTION.—The term ‘‘cov17 ered civil action’’ means a civil action containing a 

18 claim under section 702 of title 5, United States 

19 Code, regarding agency action (as defined for the 

20 purposes of that section) affecting a covered energy 

21 project on Federal land. 

22 (2) COVERED ENERGY PROJECT.— 

23 (A) IN GENERAL.—The term ‘‘covered en24 ergy project’’ means— 


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1 (i) the leasing of Federal land for the 

2 exploration, development, production, proc3 essing, or transmission of oil, natural gas, 

4 wind, or any other source of energy; and 

5 (ii) any action under the lease. 

6 (B) EXCLUSION.—The term ‘‘covered en7 ergy project’’ does not include any dispute be8 tween the parties to a lease regarding the obli9 gations under the lease, including any alleged 

10 breach of the lease. 

11 SEC. 4072. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS 

12 RELATING TO COVERED ENERGY PROJECTS. 

13 Venue for any covered civil action shall lie in the 

14 United States district court in which the covered energy 

15 project or lease exists or is proposed. 

16 SEC. 4073. TIMELY FILING. 

17 To ensure timely redress by the courts, a covered civil 

18 action shall be filed not later than the end of the 90-day 

19 period beginning on the date of the final Federal agency 

20 action to which the covered civil action relates. 

21 SEC. 4074. EXPEDITION IN HEARING AND DETERMINING 

22 THE ACTION. 

23 The court shall endeavor to hear and determine any 

24 covered civil action as expeditiously as practicable. 


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1 SEC. 4075. LIMITATION ON INJUNCTION AND PROSPECTIVE 

2 RELIEF. 

3 (a) IN GENERAL.—In a covered civil action, a court 

4 shall not grant or approve any prospective relief unless 

5 the court finds that the relief— 

6 (1) is narrowly drawn; 

7 (2) extends no further than necessary to correct 

8 the violation of a legal requirement; and 

9 (3) is the least intrusive means necessary to 

10 correct the violation. 

11 (b) DURATION.— 

12 (1) IN GENERAL.—A court shall limit the dura13 tion of preliminary injunctions to halt covered en14 ergy projects to not more than 60 days, unless the 

15 court finds clear reasons to extend the injunction. 

16 (2) ADMINISTRATION.—In the case of an exten17 sion, the extension shall— 

18 (A) only be in 30-day increments; and 

19 (B) require action by the court to renew 

20 the injunction. 

21 SEC. 4076. LIMITATION ON ATTORNEYS’ FEES AND COURT 

22 COSTS. 

23 (a) IN GENERAL.—Sections 504 of title 5 and 2412 

24 of title 28, United States Code (commonly known as the 

25 ‘‘Equal Access to Justice Act’’), shall not apply to a cov26 ered civil action. 


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1 (b) COURT COSTS.—A party to a covered civil action 

2 shall not receive payment from the Federal Government 

3 for the attorneys’ fees, expenses, or other court costs in4 curred by the party. 

5 SEC. 4077. LEGAL STANDING. 

6 A challenger that files an appeal with the Department 

7 of the Interior Board of Land Appeals shall meet the same 

8 standing requirements as a challenger before a United 

9 States district court. 

10 TITLE V—ADDITIONAL ONSHORE 

11 RESOURCES 

12 Subtitle A—Leasing Program for 

13 Land Within Coastal Plain 

14 SEC. 5001. FINDING. 

15 Congress finds that development of energy reserves 

16 under the Coastal Plain of Alaska, performed in an envi17 ronmentally responsible manner, will contribute to job 

18 growth and economic development. 

19 SEC. 5002. DEFINITIONS. 

20 In this subtitle: 

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

22 Plain’’ means the area described in appendix I to 

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

24 (2) PEER REVIEWED.—The term ‘‘peer re25 viewed’’ means reviewed— 


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1 (A) by individuals chosen by the National 

2 Academy of Sciences with no contractual rela3 tionship with, or those who have no application 

4 for a grant or other funding pending with, the 

5 Federal agency with leasing jurisdiction; or 

6 (B) if individuals described in subpara7 graph (A) are not available, by the top individ8 uals in the specified biological fields, as deter9 mined by the National Academy of Sciences. 

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

11 the Secretary of the Interior. 

12 SEC. 5003. LEASING PROGRAM FOR LAND ON THE COASTAL 

13 PLAIN. 

14 (a) IN GENERAL.—The Secretary shall— 

15 (1) establish and implement, in accordance with 

16 this subtitle and acting through the Director of the 

17 Bureau of Land Management in consultation with 

18 the Director of the United States Fish and Wildlife 

19 Service, a competitive oil and gas leasing program 

20 that will result in the exploration, development, and 

21 production of the oil and gas resources of the Coast22 al Plain; and 

23 (2) administer the provisions of this subtitle 

24 through regulations, lease terms, conditions, restric25 tions, prohibitions, stipulations, and other provisions 


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1 that ensure the oil and gas exploration, development, 

2 and production activities on the Coastal Plain do not 

3 result in any significant adverse effect on fish and 

4 wildlife, the habitat of fish and wildlife, subsistence 

5 resources, or the environment, including, in further6 ance of this goal, by requiring the application of the 

7 best commercially available technology for oil and 

8 gas exploration, development, and production to all 

9 exploration, development, and production operations 

10 under this subtitle in a manner that ensures the re11 ceipt of fair market value by the public for the min12 eral resources to be leased. 

13 (b) REPEAL OF EXISTING RESTRICTION.— 

14 (1) REPEAL.—Section 1003 of the Alaska Na15 tional Interest Lands Conservation Act (16 U.S.C. 

16 3143) is repealed. 

17 (2) CONFORMING AMENDMENT.—The table of 

18 contents contained in section 1 of that Act (16 

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

20 relating to section 1003. 

21 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER22 TAIN OTHER LAWS.— 

23 (1) COMPATIBILITY.—For purposes of the Na24 tional Wildlife Refuge System Administration Act of 

25 1966 (16 U.S.C. 668dd et seq.), the oil and gas 


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1 leasing program and activities authorized by this 

2 section on the Coastal Plain are deemed to be com3 patible with the purposes for which the Arctic Na4 tional Wildlife Refuge was established, and no fur5 ther findings or decisions are required to implement 

6 this determination. 

7 (2) ADEQUACY OF THE DEPARTMENT OF THE

8 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

9 STATEMENT.—The document of the Department of 

10 the Interior entitled ‘‘Final Legislative Environ11 mental Impact Statement’’ and dated April 1987 re12 lating to the Coastal Plain prepared pursuant to sec13 tion 1002 of the Alaska National Interest Lands 

14 Conservation Act (16 U.S.C. 3142) and section 

15 102(2)(C) of the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy 

17 the requirements under the National Environmental 

18 Policy Act of 1969 (42 U.S.C. 4321 et seq.) that 

19 apply with respect to prelease activities under this 

20 subtitle, including actions authorized to be taken by 

21 the Secretary to develop and promulgate regulations 

22 for the establishment of a leasing program author23 ized by this subtitle before the conduct of the first 

24 lease sale. 


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1 (3) COMPLIANCE WITH NEPA FOR OTHER AC2 TIONS.— 

3 (A) IN GENERAL.—Prior to conducting the 

4 first lease sale under this subtitle, the Secretary 

5 shall prepare an environmental impact state6 ment under the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.) with re8 spect to the actions authorized by this subtitle 

9 not covered by paragraph (2). 

10 (B) NONLEASING ALTERNATIVES NOT RE11 QUIRED.—Notwithstanding any other provision 

12 of law, in preparing the environmental impact 

13 statement under subparagraph (A), the Sec14 retary— 

15 (i) shall— 

16 (I) only identify a preferred ac17 tion for leasing and a single leasing 

18 alternative; and 

19 (II) analyze the environmental ef20 fects and potential mitigation meas21 ures for those 2 alternatives; and 

22 (ii) is not required— 

23 (I) to identify nonleasing alter24 native courses of action; or 


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1 (II) to analyze the environmental 

2 effects of nonleasing alternative 

3 courses of action. 

4 (C) DEADLINE.—The identification under 

5 subparagraph (B)(i)(I) for the first lease sale 

6 conducted under this subtitle shall be completed 

7 not later than 18 months after the date of en8 actment of this Act. 

9 (D) PUBLIC COMMENT.—The Secretary 

10 shall only consider public comments that— 

11 (i) specifically address the preferred 

12 action of the Secretary; and 

13 (ii) are filed not later than 20 days 

14 after the date on which the environmental 

15 analysis is published. 

16 (E) COMPLIANCE.—Notwithstanding any 

17 other provision of law, compliance with this 

18 paragraph is deemed to satisfy all requirements 

19 for the analysis and consideration of the envi20 ronmental effects of proposed leasing under this 

21 subtitle. 

22 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR23 ITY.—Nothing in this subtitle expands or limits State or 

24 local regulatory authority. 

25 (e) SPECIAL AREAS.— 


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1 (1) IN GENERAL.—The Secretary, after con2 sultation with the State of Alaska, the city of 

3 Kaktovik and the North Slope Borough of the State 

4 of Alaska, may designate not more than 45,000 

5 acres of the Coastal Plain as a ‘‘Special Area’’ if the 

6 Secretary determines that the area is of such unique 

7 character and interest so as to require special man8 agement and regulatory protection. 

9 (2) SADLEROCHIT SPRING AREA.—The Sec10 retary shall designate the Sadlerochit Spring area, 

11 consisting of approximately 4,000 acres, as a Special 

12 Area. 

13 (3) MANAGEMENT.—Each Special Area shall be 

14 managed to protect and preserve the unique and di15 verse character of the area, including the fish, wild16 life, and subsistence resource values of the area. 

17 (4) EXCLUSION FROM LEASING OR SURFACE

18 OCCUPANCY.— 

19 (A) IN GENERAL.—The Secretary may ex20 clude any Special Area from leasing. 

21 (B) NO SURFACE OCCUPANCY.—If the Sec22 retary leases a Special Area, or any part of a 

23 Special Area, for oil and gas exploration, devel24 opment, production, or related activities, there 


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1 shall be no surface occupancy of the land com2 prising the Special Area. 

3 (5) DIRECTIONAL DRILLING.—Notwithstanding 

4 the other provisions of this subsection, the Secretary 

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

6 terms that permit the use of horizontal drilling tech7 nology from sites on leases tracts located outside the 

8 Special Area. 

9 (f) LIMITATION ON CLOSED AREAS.—The authority 

10 of the Secretary to close land on the Coastal Plain to oil 

11 and gas leasing, exploration, development, or production 

12 shall be limited to the authority provided under this sub13 title. 

14 (g) REGULATIONS.— 

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

16 after the date of enactment of this Act, the Sec17 retary shall promulgate regulations necessary to 

18 carry out this subtitle, including regulations relating 

19 to protection of fish and wildlife, the habitat of fish 

20 and wildlife, subsistence resources, and environment 

21 of the Coastal Plain. 

22 (2) REVISION OF REGULATIONS.—The Sec23 retary shall, through a rulemaking conducted in ac24 cordance with section 553 of title 5, United States 

25 Code, periodically review and, if appropriate, revise 


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1 the regulations promulgated under paragraph (1) to 

2 reflect a preponderance of the best available sci3 entific evidence that has been peer reviewed and ob4 tained by following appropriate, documented sci5 entific procedures, the results of which can be re6 peated using those same procedures. 

7 SEC. 5004. LEASE SALES. 

8 (a) IN GENERAL.—In accordance with the require9 ments of this subtitle, the Secretary may lease land under 

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

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

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

13 (b) PROCEDURES.—The Secretary shall, by regula14 tion and not later than 180 days after the date of enact15 ment of this Act, establish procedures for— 

16 (1) receipt and consideration of sealed nomina17 tions for any area of the Coastal Plain for inclusion 

18 in, or exclusion from, a lease sale; 

19 (2) the holding of lease sales after the nomina20 tion process; and 

21 (3) public notice of and comment on designa22 tion of areas to be included in, or excluded from, a 

23 lease sale. 

24 (c) LEASE SALE BIDS.—Lease sales under this sub25 title may be conducted through an Internet leasing proVerDate Mar 15 2010 01:02 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H4286.IH H4286

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1 gram, if the Secretary determines that the Internet leasing 

2 program will result in savings to the taxpayer, an increase 

3 in the number of bidders participating, and higher returns 

4 than oral bidding or a sealed bidding system. 

5 (d) SALE ACREAGES AND SCHEDULE.—The Sec6 retary shall— 

7 (1) offer for lease under this subtitle— 

8 (A) those tracts the Secretary considers to 

9 have the greatest potential for the discovery of 

10 hydrocarbons, taking into consideration nomi11 nations received under subsection (b)(1); and 

12 (B)(i) not fewer than 50,000 acres by not 

13 later than 22 months after the date of the en14 actment of this Act; and 

15 (ii) not fewer than an additional 50,000 

16 acres at 6-, 12-, and 18-month intervals fol17 lowing the initial offering under subclause (i); 

18 (2) conduct 4 additional lease sales under the 

19 same terms and schedule as the last lease sale under 

20 paragraph (1)(B)(ii) not later than 2 years after the 

21 date of that sale, if sufficient interest in leasing ex22 ists to warrant, in the judgment of the Secretary, 

23 the conduct of the sales; and 

24 (3) evaluate the bids in each lease sale under 

25 this subsection and issue leases resulting from the 


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1 sales not later than 90 days after the date on which 

2 the sale is completed. 

3 SEC. 5005. GRANT OF LEASES BY THE SECRETARY. 

4 (a) IN GENERAL.—The Secretary may grant to the 

5 highest responsible qualified bidder in a lease sale con6 ducted under section 5004 any land to be leased on the 

7 Coastal Plain upon payment by the bidder of any bonus 

8 as may be accepted by the Secretary. 

9 (b) SUBSEQUENT TRANSFERS.—No lease issued 

10 under this subtitle may be sold, exchanged, assigned, sub11 let, or otherwise transferred except with the approval of 

12 the Secretary after the Secretary consults with, and gives 

13 due consideration to the views of, the Attorney General. 

14 SEC. 5006. LEASE TERMS AND CONDITIONS. 

15 An oil or gas lease issued under this subtitle shall— 

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

17 less than 12.5 percent in amount or value of the 

18 production removed or sold under the lease, as de19 termined by the Secretary under the regulations ap20 plicable to other Federal oil and gas leases; 

21 (2) provide that the Secretary may close, on a 

22 seasonal basis, portions of the Coastal Plain to ex23 ploratory drilling activities as necessary to protect 

24 caribou calving areas and other species of fish and 

25 wildlife based on a preponderance of the best availVerDate Mar 15 2010 01:02 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H4286.IH H4286

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1 able scientific evidence that has been peer reviewed 

2 and obtained by following appropriate, documented 

3 scientific procedures, the results of which can be re4 peated using those same procedures; 

5 (3) require that the lessee of land on the Coast6 al Plain shall be fully responsible and liable for the 

7 reclamation of land on the Coastal Plain and any 

8 other Federal land that is adversely affected in con9 nection with exploration, development, production, or 

10 transportation activities conducted under the lease 

11 and on the Coastal Plain by the lessee or by any of 

12 the subcontractors or agents of the lessee; 

13 (4) provide that the lessee may not delegate or 

14 convey, by contract or otherwise, the reclamation re15 sponsibility and liability to another person without 

16 the express written approval of the Secretary; 

17 (5) provide that the standard of reclamation for 

18 land required to be reclaimed under this subtitle 

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

20 of supporting the uses which the land was capable 

21 of supporting prior to any exploration, development, 

22 or production activities, or upon application by the 

23 lessee, to a higher or better use as certified by the 

24 Secretary; 


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1 (6) contain terms and conditions relating to 

2 protection of fish and wildlife, the habitat of fish 

3 and wildlife, subsistence resources, and the environ4 ment as required under section 5003(a)(2); 

5 (7) provide that the lessee, agents of the lessee, 

6 and contractors of the lessee use best efforts to pro7 vide a fair share, as determined by the level of obli8 gation previously agreed to in the 1974 agreement 

9 implementing section 29 of the Federal Agreement 

10 and Grant of Right of Way for the Operation of the 

11 Trans-Alaska Pipeline, of employment and con12 tracting for Alaska Natives and Alaska Native cor13 porations from throughout the State; and 

14 (8) contain such other provisions as the Sec15 retary determines necessary to ensure compliance 

16 with this subtitle and the regulations issued pursu17 ant to this subtitle. 

18 SEC. 5007. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

19 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

20 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

21 The Secretary shall, consistent with the requirements of 

22 section 5003, administer this subtitle through regulations, 

23 lease terms, conditions, restrictions, prohibitions, stipula24 tions, and other provisions that— 


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1 (1) ensure the oil and gas exploration, develop2 ment, and production activities on the Coastal Plain 

3 shall not result in any significant adverse effect on 

4 fish and wildlife, the habitat of fish and wildlife, or 

5 the environment; 

6 (2) require the application of the best commer7 cially available technology for oil and gas explo8 ration, development, and production on all new ex9 ploration, development, and production operations; 

10 and 

11 (3) ensure that the maximum amount of sur12 face acreage covered by production and support fa13 cilities, including airstrips and any areas covered by 

14 gravel berms or piers for support of pipelines, does 

15 not exceed 10,000 acres on the Coastal Plain for 

16 each 100,000 acres of area leased. 

17 (b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.— 

18 With respect to any proposed drilling and related activi19 ties, the Secretary shall require that— 

20 (1) a site-specific analysis be made of the prob21 able effects, if any, that the drilling or related activi22 ties will have on fish and wildlife, the habitat of fish 

23 and wildlife, subsistence resources, and the environ24 ment; 


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1 (2) a plan be implemented to avoid, minimize, 

2 and mitigate (in that order and to the extent prac3 ticable) any significant adverse effect identified 

4 under paragraph (1); and 

5 (3) the development of the plan shall occur 

6 after consultation with the agency or agencies hav7 ing jurisdiction over matters mitigated by the plan. 

8 (c) REGULATIONS TO PROTECT COASTAL PLAIN

9 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 

10 AND THE ENVIRONMENT.—Prior to implementing the 

11 leasing program authorized by this subtitle, the Secretary 

12 shall prepare and promulgate regulations, lease terms, 

13 conditions, restrictions, prohibitions, stipulations, and 

14 other measures designed to ensure that the activities un15 dertaken on the Coastal Plain under this subtitle are con16 ducted in a manner consistent with the purposes and envi17 ronmental requirements of this subtitle. 

18 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI19 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

20 proposed regulations, lease terms, conditions, restrictions, 

21 prohibitions, and stipulations for the leasing program 

22 under this subtitle shall require compliance with all appli23 cable provisions of Federal and State environmental law 

24 and compliance with the following: 


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1 (1) Standards at least as effective as the safety 

2 and environmental mitigation measures set forth in 

3 items 1 through 29 at pages 167 through 169 of the 

4 document of the Department of the Interior entitled 

5 ‘‘Final Legislative Environmental Impact State6 ment’’ and dated April 1987 relating to the Coastal 

7 Plain. 

8 (2) Seasonal limitations on exploration, develop9 ment, and related activities, where necessary, to 

10 avoid significant adverse effects during periods of 

11 concentrated fish and wildlife breeding, denning, 

12 nesting, spawning, and migration based on a prepon13 derance of the best available scientific evidence that 

14 has been peer reviewed and obtained by following 

15 appropriate, documented scientific procedures, the 

16 results of which can be repeated using those same 

17 procedures. 

18 (3) That exploration activities, except for sur19 face geological studies— 

20 (A) be limited to the period between ap21 proximately November 1 and May 1 each year; 

22 and 

23 (B) be supported, if necessary, by ice 

24 roads, winter trails with adequate snow cover, 

25 ice pads, ice airstrips, and air transport methVerDate Mar 15 2010 01:02 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H4286.IH H4286

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1 ods, except that exploration activities may occur 

2 at other times if the Secretary finds that the 

3 exploration will have no significant adverse ef4 fect on the fish and wildlife, the habitat of fish 

5 and wildlife, and the environment of the Coastal 

6 Plain. 

7 (4) Design safety and construction standards 

8 for all pipelines and any access and service roads, 

9 that minimize, to the maximum extent practicable, 

10 adverse effects on— 

11 (A) the passage of migratory species such 

12 as caribou; and 

13 (B) the flow of surface water by requiring 

14 the use of culverts, bridges, and other struc15 tural devices. 

16 (5) Prohibitions on general public access and 

17 use on all pipeline access and service roads. 

18 (6) Stringent reclamation and rehabilitation re19 quirements, consistent with the standards set forth 

20 in this subtitle, requiring the removal from the 

21 Coastal Plain of all oil and gas development and 

22 production facilities, structures, and equipment upon 

23 completion of oil and gas production operations, ex24 cept that the Secretary may exempt from the re25 quirements of this paragraph those facilities, strucVerDate Mar 15 2010 01:02 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H4286.IH H4286

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1 tures, or equipment that the Secretary determines 

2 would assist in the management of the Arctic Na3 tional Wildlife Refuge and that are donated to the 

4 United States for that purpose. 

5 (7) Appropriate prohibitions or restrictions on 

6 access by all modes of transportation. 

7 (8) Appropriate prohibitions or restrictions on 

8 sand and gravel extraction. 

9 (9) Consolidation of facility siting. 

10 (10) Appropriate prohibitions or restrictions on 

11 the use of explosives. 

12 (11) Avoidance, to the extent practicable, of 

13 springs, streams, and river systems, the protection 

14 of natural surface drainage patterns, wetlands, and 

15 riparian habitats, and the regulation of methods or 

16 techniques for developing or transporting adequate 

17 supplies of water for exploratory drilling. 

18 (12) Avoidance or minimization of air traffic-re19 lated disturbance to fish and wildlife. 

20 (13) Treatment and disposal of hazardous and 

21 toxic wastes, solid wastes, reserve pit fluids, drilling 

22 muds and cuttings, and domestic wastewater, includ23 ing an annual waste management report, a haz24 ardous materials tracking system, and a prohibition 

25 on chlorinated solvents, in accordance with applicaVerDate Mar 15 2010 01:02 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H4286.IH H4286

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1 ble Federal and State environmental law (including 

2 regulations). 

3 (14) Fuel storage and oil spill contingency plan4 ning. 

5 (15) Research, monitoring, and reporting re6 quirements. 

7 (16) Field crew environmental briefings. 

8 (17) Avoidance of significant adverse effects 

9 upon subsistence hunting, fishing, and trapping by 

10 subsistence users. 

11 (18) Compliance with applicable air and water 

12 quality standards. 

13 (19) Appropriate seasonal and safety zone des14 ignations around well sites, within which subsistence 

15 hunting and trapping shall be limited. 

16 (20) Reasonable stipulations for protection of 

17 cultural and archeological resources. 

18 (21) All other protective environmental stipula19 tions, restrictions, terms, and conditions determined 

20 necessary by the Secretary. 

21 (e) CONSIDERATIONS.—In preparing and promul22 gating regulations, lease terms, conditions, restrictions, 

23 prohibitions, and stipulations under this section, the Sec24 retary shall consider— 


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1 (1) the stipulations and conditions that govern 

2 the National Petroleum Reserve-Alaska leasing pro3 gram, as set forth in the 1999 Northeast National 

4 Petroleum Reserve-Alaska Final Integrated Activity 

5 Plan/Environmental Impact Statement; 

6 (2) the environmental protection standards that 

7 governed the initial Coastal Plain seismic exploration 

8 program under parts 37.31 to 37.33 of title 50, 

9 Code of Federal Regulations; and 

10 (3) the land use stipulations for exploratory 

11 drilling on the KIC–ASRC private land that are set 

12 forth in appendix 2 of the August 9, 1983, agree13 ment between Arctic Slope Regional Corporation and 

14 the United States. 

15 (f) FACILITY CONSOLIDATION PLANNING.— 

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

17 providing for public notice and comment, prepare 

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

19 direct the siting and construction of facilities for the 

20 exploration, development, production, and transpor21 tation of Coastal Plain oil and gas resources. 

22 (2) OBJECTIVES.—The plan shall have the fol23 lowing objectives: 

24 (A) Avoiding unnecessary duplication of fa25 cilities and activities. 


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1 (B) Encouraging consolidation of common 

2 facilities and activities. 

3 (C) Locating or confining facilities and ac4 tivities to areas that will minimize impact on 

5 fish and wildlife, the habitat of fish and wildlife, 

6 and the environment. 

7 (D) Using existing facilities wherever prac8 ticable. 

9 (E) Enhancing compatibility between wild10 life values and development activities. 

11 (g) ACCESS TO PUBLIC LAND.—The Secretary 

12 shall— 

13 (1) manage public land in the Coastal Plain 

14 subject to section 811 of the Alaska National Inter15 est Lands Conservation Act (16 U.S.C. 3121); and 

16 (2) ensure that local residents shall have rea17 sonable access to public land in the Coastal Plain for 

18 traditional uses. 

19 SEC. 5008. EXPEDITED JUDICIAL REVIEW. 

20 (a) FILING OF COMPLAINT.— 

21 (1) DEADLINE.—Subject to paragraph (2), any 

22 complaint seeking judicial review of— 

23 (A) any provision of this subtitle shall be 

24 filed by not later than 1 year after the date of 

25 enactment of this Act; or 


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1 (B) any action of the Secretary under this 

2 subtitle shall be filed— 

3 (i) except as provided in clause (ii), 

4 during the 90-day period beginning on the 

5 date on which the action is challenged; or 

6 (ii) in the case of a complaint based 

7 solely on grounds arising after the period 

8 described in clause (i), not later than 90 

9 days after the date on which the complain10 ant knew or reasonably should have known 

11 of the grounds for the complaint. 

12 (2) VENUE.—Any complaint seeking judicial re13 view of any provision of this subtitle or any action 

14 of the Secretary under this subtitle may be filed only 

15 in the United States Court of Appeals for the Dis16 trict of Columbia. 

17 (3) LIMITATION ON SCOPE OF CERTAIN RE18 VIEW.— 

19 (A) IN GENERAL.—Judicial review of a de20 cision by the Secretary to conduct a lease sale 

21 under this subtitle, including an environmental 

22 analysis, shall be— 

23 (i) limited to whether the Secretary 

24 has complied with this subtitle; and 


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1 (ii) based on the administrative record 

2 of that decision. 

3 (B) PRESUMPTION.—The identification by 

4 the Secretary of a preferred course of action to 

5 enable leasing to proceed and the analysis by 

6 the Secretary of environmental effects under 

7 this subtitle is presumed to be correct unless 

8 shown otherwise by clear and convincing evi9 dence. 

10 (b) LIMITATION ON OTHER REVIEW.—Actions of the 

11 Secretary with respect to which review could have been 

12 obtained under this section shall not be subject to judicial 

13 review in any civil or criminal proceeding for enforcement. 

14 (c) LIMITATION ON ATTORNEYS’ FEES AND COURT

15 COSTS.— 

16 (1) IN GENERAL.—Sections 504 of title 5 and 

17 2412 of title 28, United States Code (commonly 

18 known as the ‘‘Equal Access to Justice Act’’), shall 

19 not apply to any action under this subtitle. 

20 (2) COURT COSTS.—A party to any action 

21 under this subtitle shall not receive payment from 

22 the Federal Government for the attorneys’ fees, ex23 penses, or other court costs incurred by the party. 


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1 SEC. 5009. TREATMENT OF REVENUES. 

2 Notwithstanding any other provision of law, 90 per3 cent of the amount of bonus, rental, and royalty revenues 

4 from Federal oil and gas leasing and operations author5 ized under this subtitle shall be deposited in the Treasury. 

6 SEC. 5010. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 

7 (a) IN GENERAL.—The Secretary shall issue rights8 of-way and easements across the Coastal Plain for the 

9 transportation of oil and gas produced under leases under 

10 this subtitle— 

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

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

13 185), without regard to title XI of the Alaska Na14 tional Interest Lands Conservation Act (16 U.S.C. 

15 3161 et seq.); and 

16 (2) under title XI of the Alaska National Inter17 est Lands Conservation Act (30 U.S.C. 3161 et 

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

19 1111 of that Act (16 U.S.C. 3170, 3171). 

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

21 include in any right-of-way or easement issued under sub22 section (a) such terms and conditions as may be necessary 

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

24 in a significant adverse effect on the fish and wildlife, the 

25 habitat of fish and wildlife, subsistence resources, or the 

26 environment of the Coastal Plain, including requirements 


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1 that facilities be sited or designed so as to avoid unneces2 sary duplication of roads and pipelines. 

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

4 regulations promulgated under section 5003(g) provisions 

5 granting rights-of-way and easements described in sub6 section (a). 

7 SEC. 5011. CONVEYANCE. 

8 In order to maximize Federal revenues by removing 

9 clouds on titles to land and clarifying land ownership pat10 terns on the Coastal Plain, and notwithstanding section 

11 1302(h)(2) of the Alaska National Interest Lands Con12 servation Act (16 U.S.C. 3192(h)(2)), the Secretary shall 

13 convey— 

14 (1) to the Kaktovik Inupiat Corporation, the 

15 surface estate of the land described in paragraph 1 

16 of Public Land Order 6959, to the extent necessary 

17 to fulfill the entitlement of the Kaktovik Inupiat 

18 Corporation under sections 12 and 14 of the Alaska 

19 Native Claims Settlement Act (43 U.S.C. 1611, 

20 1613) in accordance with the terms and conditions 

21 of the Agreement between the Department of the In22 terior, the United States Fish and Wildlife Service, 

23 the Bureau of Land Management, and the Kaktovik 

24 Inupiat Corporation dated January 22, 1993; and 


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1 (2) to the Arctic Slope Regional Corporation 

2 the remaining subsurface estate to which the Arctic 

3 Slope Regional Corporation is entitled pursuant to 

4 the August 9, 1983, agreement between the Arctic 

5 Slope Regional Corporation and the United States of 

6 America. 

7 Subtitle B—Native American 

8 Energy 

9 SEC. 5021. FINDINGS. 

10 Congress finds that— 

11 (1) the Federal Government has unreasonably 

12 interfered with the efforts of Indian tribes to develop 

13 energy resources on tribal land; and 

14 (2) Indian tribes should have the opportunity to 

15 gain the benefits of the jobs, investment, and eco16 nomic development to be gained from energy devel17 opment. 

18 SEC. 5022. APPRAISALS. 

19 (a) AMENDMENT.—Title XXVI of the Energy Policy 

20 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add21 ing at the end the following: 

22 ‘‘SEC. 2607. APPRAISAL REFORMS. 

23 ‘‘(a) OPTIONS TO INDIAN TRIBES.—With respect to 

24 a transaction involving Indian land or the trust assets of 

25 an Indian tribe that requires the approval of the SecVerDate Mar 15 2010 01:02 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H4286.IH H4286

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1 retary, any appraisal or other estimates of value relating 

2 to fair market value required to be conducted under appli3 cable law, regulation, or policy may be completed by— 

4 ‘‘(1) the Secretary; 

5 ‘‘(2) the affected Indian tribe; or 

6 ‘‘(3) a certified, third-party appraiser pursuant 

7 to a contract with the Indian tribe. 

8 ‘‘(b) TIME LIMIT ON SECRETARIAL REVIEW AND AC9 TION.—Not later than 30 days after the date on which 

10 the Secretary receives an appraisal conducted by or for 

11 an Indian tribe pursuant to paragraph (2) or (3) of sub12 section (a), the Secretary shall— 

13 ‘‘(1) review the appraisal; and 

14 ‘‘(2) provide to the Indian tribe a written notice 

15 of approval or disapproval of the appraisal. 

16 ‘‘(c) FAILURE OF SECRETARY TO APPROVE OR DIS17 APPROVE.—If the Secretary has failed to approve or dis18 approve any appraisal by the date that is 60 days after 

19 the date on which the appraisal is received, the appraisal 

20 shall be deemed approved. 

21 ‘‘(d) OPTION OF INDIAN TRIBES TO WAIVE AP22 PRAISAL.—An Indian tribe may waive the requirements of 

23 subsection (a) if the Indian tribe provides to the Secretary 

24 a written resolution, statement, or other unambiguous in25 dication of tribal intent to waive the requirements that— 


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1 ‘‘(1) is duly approved by the governing body of 

2 the Indian tribe; and 

3 ‘‘(2) includes an express waiver by the Indian 

4 tribe of any claims for damages the Indian tribe 

5 might have against the United States as a result of 

6 the waiver. 

7 ‘‘(e) REGULATIONS.—The Secretary shall promulgate 

8 regulations to implement this section, including standards 

9 the Secretary shall use for approving or disapproving an 

10 appraisal under subsection (b).’’. 

11 (b) CONFORMING AMENDMENT.—The table of con12 tents of the Energy Policy Act of 1992 (42 U.S.C. 13201 

13 note) is amended by adding at the end of the items relat14 ing to title XXVI the following: 

‘‘Sec. 2607. Appraisal reforms.’’. 

15 SEC. 5023. STANDARDIZATION. 

16 As soon as practicable after the date of enactment 

17 of this Act, the Secretary of the Interior shall implement 

18 procedures to ensure that each agency within the Depart19 ment of the Interior that is involved in the review, ap20 proval, and oversight of oil and gas activities on Indian 

21 land shall use a uniform system of reference numbers and 

22 tracking systems for oil and gas wells. 


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1 SEC. 5024. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL 

2 ACTIONS ON INDIAN LAND. 

3 Section 102 of the National Environmental Policy 

4 Act of 1969 (42 U.S.C. 4332) is amended— 

5 (1) in the matter preceding paragraph (1) by 

6 inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Con7 gress authorizes’’; and 

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

9 ‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON IN10 DIAN LAND.— 

11 ‘‘(1) DEFINITIONS OF INDIAN LAND AND IN12 DIAN TRIBE.—In this subsection, the terms ‘Indian 

13 land’ and ‘Indian tribe’ have the meaning given 

14 those terms in section 2601 of the Energy Policy 

15 Act of 1992 (25 U.S.C. 3501). 

16 ‘‘(2) IN GENERAL.—For any major Federal ac17 tion on Indian land of an Indian tribe requiring the 

18 preparation of a statement under subsection 

19 (a)(2)(C), the statement shall only be available for 

20 review and comment by— 

21 ‘‘(A) the members of the Indian tribe; and 

22 ‘‘(B) any other individual residing within 

23 the affected area. 

24 ‘‘(3) REGULATIONS.—The Chairman of the 

25 Council on Environmental Quality, in consultation 

26 with Indian tribes, shall develop regulations to imVerDate Mar 15 2010 01:02 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4286.IH H4286

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1 plement this section, including descriptions of af2 fected areas for specific major Federal actions.’’. 

3 SEC. 5025. JUDICIAL REVIEW. 

4 (a) DEFINITIONS.—In this section: 

5 (1) AGENCY ACTION.—The term ‘‘agency ac6 tion’’ has the meaning given the term in section 551 

7 of title 5, United States Code. 

8 (2) ENERGY RELATED ACTION.—The term ‘‘en9 ergy-related action’’ means a civil action that— 

10 (A) is filed on or after the date of enact11 ment of this Act; and 

12 (B) seeks judicial review of a final agency 

13 action relating to the issuance of a permit, li14 cense, or other form of agency permission allow15 ing— 

16 (i) any person or entity to conduct on 

17 Indian Land activities involving the explo18 ration, development, production, or trans19 portation of oil, gas, coal, shale gas, oil 

20 shale, geothermal resources, wind or solar 

21 resources, underground coal gasification, 

22 biomass, or the generation of electricity; or 

23 (ii) any Indian Tribe, or any organiza24 tion of 2 or more entities, not less than 1 

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1 tivities involving the exploration, develop2 ment, production, or transportation of oil, 

3 gas, coal, shale gas, oil shale, geothermal 

4 resources, wind or solar resources, under5 ground coal gasification, biomass, or the 

6 generation of electricity, regardless of 

7 where such activities are undertaken. 

8 (3) INDIAN LAND.— 

9 (A) IN GENERAL.—The term ‘‘Indian 

10 land’’ has the meaning given the term in sec11 tion 2601 of the Energy Policy Act of 1992 (25 

12 U.S.C. 3501). 

13 (B) INCLUSION.—The term ‘‘Indian land’’ 

14 includes land owned by a Native Corporation 

15 (as that term is defined in section 3 of the 

16 Alaska Native Claims Settlement Act (43 

17 U.S.C. 1602)) under that Act (43 U.S.C. 1601 

18 et seq.). 

19 (4) ULTIMATELY PREVAIL.— 

20 (A) IN GENERAL.—The term ‘‘ultimately 

21 prevail’’ means, in a final enforceable judgment 

22 that the court rules in the party’s favor on at 

23 least 1 civil claim that is an underlying ration24 ale for the preliminary injunction, administra25 tive stay, or other relief requested by the party. 


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1 (B) EXCLUSION.—The term ‘‘ultimately 

2 prevail’’ does not include circumstances in 

3 which the final agency action is modified or 

4 amended by the issuing agency unless the modi5 fication or amendment is required pursuant to 

6 a final enforceable judgment of the court or a 

7 court-ordered consent decree. 

8 (b) TIME FOR FILING COMPLAINT.— 

9 (1) IN GENERAL.—Any energy related action 

10 shall be filed not later than the end of the 60-day 

11 period beginning on the date of the action or deci12 sion by a Federal official that constitutes the cov13 ered energy project concerned. 

14 (2) PROHIBITION.—Any energy related action 

15 that is not filed within the time period described in 

16 paragraph (1) shall be barred. 

17 (c) DISTRICT COURT VENUE AND DEADLINE.—An 

18 energy related action— 

19 (1) may only be brought in the United States 

20 District Court for the District of Columbia; and 

21 (2) shall be resolved as expeditiously as pos22 sible, and in any event not more than 180 days after 

23 the energy related action is filed. 


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1 (d) APPELLATE REVIEW.—An interlocutory order or 

2 final judgment, decree or order of the district court in an 

3 energy related action— 

4 (1) may be appealed to the United States Court 

5 of Appeals for the District of Columbia Circuit; and 

6 (2) if the court described in paragraph (1) un7 dertakes the review, the court shall resolve the re8 view as expeditiously as possible, and in any event 

9 by not later than 180 days after the interlocutory 

10 order or final judgment, decree or order of the dis11 trict court was issued. 

12 (e) LIMITATION ON CERTAIN PAYMENTS.—Notwith13 standing section 1304 of title 31, United States Code, no 

14 award may be made under section 504 of title 5, United 

15 States Code, or under section 2412 of title 28, United 

16 States Code, and no amounts may be obligated or ex17 pended from the Claims and Judgment Fund of the 

18 United States Treasury to pay any fees or other expenses 

19 under such sections, to any person or party in an energy 

20 related action. 

21 (f) LIMITATION ON ATTORNEYS’ FEES AND COURT

22 COSTS.— 

23 (1) IN GENERAL.—Sections 504 of title 5 and 

24 2412 of title 28, United States Code (commonly 


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1 known as the ‘‘Equal Access to Justice Act’’), shall 

2 not apply to an energy related action. 

3 (2) COURT COSTS.—A party to a covered civil 

4 action shall not receive payment from the Federal 

5 Government for the attorneys’ fees, expenses, or 

6 other court costs incurred by the party. 

7 SEC. 5026. TRIBAL RESOURCE MANAGEMENT PLANS. 

8 Unless otherwise explicitly exempted by Federal law 

9 enacted after the date of enactment of this Act, any activ10 ity conducted or resources harvested or produced pursuant 

11 to a tribal resource management plan or an integrated re12 source management plan approved by the Secretary of the 

13 Interior under the National Indian Forest Resources Man14 agement Act (25 U.S.C. 3101 et seq.) or the American 

15 Indian Agricultural Resource Management Act (25 U.S.C. 

16 3701 et seq.), shall be considered a sustainable manage17 ment practice for purposes of any Federal standard, ben18 efit, or requirement that requires a demonstration of such 

19 sustainability. 

20 SEC. 5027. LEASES OF RESTRICTED LANDS FOR THE NAV21 AJO NATION. 

22 Subsection (e)(1) of the first section of the Act of 

23 August 9, 1955 (25 U.S.C. 415) (commonly known as the 

24 ‘‘Long-Term Leasing Act’’), is amended— 


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1 (1) by striking ‘‘, except a lease for’’ and insert2 ing ‘‘, including leases for’’; 

3 (2) in subparagraph (A), by striking ‘‘25 years, 

4 except’’ and all that follows through ‘‘; and’’ and in5 serting ‘‘99 years;’’; 

6 (3) in subparagraph (B), by striking the period 

7 and inserting ‘‘; and’’; and 

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

9 ‘‘(C) in the case of a lease for the exploration, 

10 development, or extraction of mineral resources, in11 cluding geothermal resources, 25 years, except that 

12 the lease may include an option to renew for 1 addi13 tional term not to exceed 25 years.’’. 

14 SEC. 5028. NONAPPLICABILITY OF CERTAIN RULES. 

15 No rule promulgated by the Secretary of the Interior 

16 regarding hydraulic fracturing used in the development or 

17 production of oil or gas resources shall affect any land 

18 held in trust or restricted status for the benefit of Indians 

19 except with the express consent of the beneficiary on be20 half of which the land is held in trust or restricted status. 


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1 Subtitle C—Additional Regulatory 

2 Provisions 

3 PART I—STATE AUTHORITY OVER HYDRAULIC 

4 FRACTURING 

5 SEC. 5031. FINDING. 

6 Congress finds that given variations in geology, land 

7 use, and population, the States are best placed to regulate 

8 the process of hydraulic fracturing occurring on any land 

9 within the boundaries of the individual State. 

10 SEC. 5032. STATE AUTHORITY. 

11 (a) DEFINITION OF FEDERAL LAND.—In this sec12 tion, the term ‘‘Federal land’’ means— 

13 (1) public lands (as defined in section 103 of 

14 the Federal Land Policy and Management Act of 

15 1976 (43 U.S.C. 1702)); 

16 (2) National Forest System land; 

17 (3) land under the jurisdiction of the Bureau of 

18 Reclamation; and 

19 (4) land under the jurisdiction of the Corps of 

20 Engineers. 

21 (b) STATE AUTHORITY.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law, a State shall have the sole author24 ity to promulgate or enforce any regulation, guid25 ance, or permit requirement regarding the treatment 


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1 of a well by the application of fluids under pressure 

2 to which propping agents may be added for the ex3 pressly designed purpose of initiating or propagating 

4 fractures in a target geologic formation in order to 

5 enhance production of oil, natural gas, or geothermal 

6 production activities on or under any land within the 

7 boundaries of the State. 

8 (2) FEDERAL LAND.—Notwithstanding any 

9 other provision of law, the treatment of a well by the 

10 application of fluids under pressure to which prop11 ping agents may be added for the expressly designed 

12 purpose of initiating or propagating fractures in a 

13 target geologic formation in order to enhance pro14 duction of oil, natural gas, or geothermal production 

15 activities on Federal land shall be subject to the law 

16 of the State in which the land is located. 

17 PART II—MISCELLANEOUS PROVISIONS 

18 SEC. 5041. ENVIRONMENTAL LEGAL FEES. 

19 Section 504 of title 5, United States Code, is amend20 ed by adding at the end the following: 

21 ‘‘(g) ENVIRONMENTAL LEGAL FEES.—Notwith22 standing section 1304 of title 31, no award may be made 

23 under this section and no amounts may be obligated or 

24 expended from the Claims and Judgment Fund of the 

25 Treasury to pay any legal fees of a nongovernmental orgaVerDate Mar 15 2010 01:02 Mar 26, 2014 Jkt 039200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H4286.IH H4286

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1 nization related to an action that (with respect to the 

2 United States)— 

3 ‘‘(1) prevents, terminates, or reduces access to 

4 or the production of— 

5 ‘‘(A) energy; 

6 ‘‘(B) a mineral resource; 

7 ‘‘(C) water by agricultural producers; 

8 ‘‘(D) a resource by commercial or rec9 reational fishermen; or 

10 ‘‘(E) grazing or timber production on Fed11 eral land; 

12 ‘‘(2) diminishes the private property value of a 

13 property owner; or 

14 ‘‘(3) eliminates or prevents 1 or more jobs.’’. 

15 SEC. 5042. MASTER LEASING PLANS. 

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law, the Secretary of the Interior, acting through 

18 the Bureau of Land Management, shall not establish a 

19 master leasing plan as part of any guidance issued by the 

20 Secretary. 

21 (b) EXISTING MASTER LEASING PLANS.—Instruc22 tion Memorandum No. 2010–117 and any other master 

23 leasing plan described in subsection (a) issued on or before 

24 the date of enactment of this Act shall have no force or 

25 effect. 


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1 TITLE VI—IMPROVING AMER2 ICA’S DOMESTIC REFINING 

3 CAPACITY 

4 Subtitle A—Refinery Permitting 

5 Reform 

6 SEC. 6001. FINDING. 

7 Congress finds that the domestic refining industry is 

8 an important source of jobs and economic growth and 

9 whose growth should not be limited by an excessively 

10 drawn out permitting and approval process. 

11 SEC. 6002. DEFINITIONS. 

12 In this subtitle: 

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Environ15 mental Protection Agency. 

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

17 a physical change that results in an increase in the 

18 capacity of a refinery. 

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

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

21 Indian Self-Determination and Education Assistance 

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

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

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

25 authorization that a refiner is required to obtain— 


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1 (A) under any Federal law; or 

2 (B) from a State or tribal government 

3 agency delegated authority by the Federal Gov4 ernment, or authorized under Federal law, to 

5 issue permits. 

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

7 person that— 

8 (A) owns or operates a refinery; or 

9 (B) seeks to become an owner or operator 

10 of a refinery. 

11 (6) REFINERY.— 

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

13 means— 

14 (i) a facility at which crude oil is re15 fined into transportation fuel or other pe16 troleum products; and 

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

18 facility at which coal is processed into syn19 thetic crude oil or any other fuel. 

20 (B) INCLUSION.—The term ‘‘refinery’’ in21 cludes an expansion of a refinery. 

22 (7) REFINERY PERMITTING AGREEMENT.—The 

23 term ‘‘refinery permitting agreement’’ means an 

24 agreement entered into between the Administrator 

25 and a State or Indian tribe under subsection (c). 


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1 (8) STATE.—The term ‘‘State’’ means— 

2 (A) a State; and 

3 (B) the District of Columbia. 

4 SEC. 6003. STREAMLINING OF REFINERY PERMITTING 

5 PROCESS. 

6 (a) IN GENERAL.—At the request of the Governor 

7 of a State or the governing body of an Indian tribe, the 

8 Administrator shall enter into a refinery permitting agree9 ment with the State or Indian tribe under which the proc10 ess for obtaining all permits necessary for the construction 

11 and operation of a refinery shall be streamlined using a 

12 systematic, interdisciplinary multimedia approach, as pro13 vided in this section. 

14 (b) AUTHORITY OF ADMINISTRATOR.—Under a refin15 ery permitting agreement, the Administrator shall have 

16 the authority, as applicable and necessary— 

17 (1) to accept from a refiner a consolidated ap18 plication for all permits that the refiner is required 

19 to obtain to construct and operate a refinery; 

20 (2) in consultation and cooperation with each 

21 Federal, State, or tribal government agency that is 

22 required to make any determination to authorize the 

23 issuance of a permit, to establish a schedule under 

24 which each agency shall— 


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1 (A) concurrently consider, to the maximum 

2 extent practicable, each determination to be 

3 made; and 

4 (B) complete each step in the permitting 

5 process; and 

6 (3) to issue a consolidated permit that combines 

7 all permits issued under the schedule established 

8 under paragraph (2). 

9 (c) REFINERY PERMITTING AGREEMENTS.—Under a 

10 refinery permitting agreement, a State or governing body 

11 of an Indian tribe shall agree that— 

12 (1) the Administrator shall have each of the au13 thorities described in subsection (b); and 

14 (2) the State or tribal government agency 

15 shall— 

16 (A) in accordance with State law, make 

17 such structural and operational changes in the 

18 agencies as are necessary to enable the agencies 

19 to carry out consolidated, project-wide permit 

20 reviews concurrently and in coordination with 

21 the Environmental Protection Agency and other 

22 Federal agencies; and 

23 (B) comply, to the maximum extent prac24 ticable, with the applicable schedule established 

25 under subsection (b)(2). 


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1 (d) DEADLINES.— 

2 (1) NEW REFINERIES.—In the case of a con3 solidated permit for the construction of a new refin4 ery, the Administrator and the State or governing 

5 body of an Indian tribe shall approve or disapprove 

6 the consolidated permit not later than— 

7 (A) 365 days after the date of receipt of 

8 an administratively complete application for the 

9 consolidated permit; or 

10 (B) on agreement of the applicant, the Ad11 ministrator, and the State or governing body of 

12 the Indian tribe, 90 days after the expiration of 

13 the deadline described in subparagraph (A). 

14 (2) EXPANSION OF EXISTING REFINERIES.—In 

15 the case of a consolidated permit for the expansion 

16 of an existing refinery, the Administrator and the 

17 State or governing body of an Indian tribe shall ap18 prove or disapprove the consolidated permit not later 

19 than— 

20 (A) 120 days after the date of receipt of 

21 an administratively complete application for the 

22 consolidated permit; or 

23 (B) on agreement of the applicant, the Ad24 ministrator, and the State or governing body of 


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1 the Indian tribe, 30 days after the expiration of 

2 the deadline described in subparagraph (A). 

3 (e) FEDERAL AGENCIES.—Each Federal agency that 

4 is required to make any determination to authorize the 

5 issuance of a permit shall comply with the applicable 

6 schedule established under subsection (b)(2). 

7 (f) JUDICIAL REVIEW.—Any civil action for review 

8 of a permit determination under a refinery permitting 

9 agreement shall be brought exclusively in the United 

10 States district court for the district in which the refinery 

11 is located or proposed to be located. 

12 (g) EFFICIENT PERMIT REVIEW.—In order to reduce 

13 the duplication of procedures, the Administrator shall use 

14 State permitting and monitoring procedures to satisfy 

15 substantially equivalent Federal requirements under this 

16 subtitle. 

17 (h) SEVERABILITY.—If 1 or more permits that are 

18 required for the construction or operation of a refinery are 

19 not approved on or before an applicable deadline under 

20 subsection (d), the Administrator may issue a consolidated 

21 permit that combines all other permits that the refiner is 

22 required to obtain, other than any permits that are not 

23 approved. 

24 (i) CONSULTATION WITH LOCAL GOVERNMENTS.— 

25 The Administrator, States, and tribal governments shall 


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1 consult, to the maximum extent practicable, with local gov2 ernments in carrying out this section. 

3 (j) EFFECT OF SECTION.—Nothing in this section af4 fects— 

5 (1) the operation or implementation of any oth6 erwise applicable law regarding permits necessary 

7 for the construction and operation of a refinery; 

8 (2) the authority of any unit of local govern9 ment with respect to the issuance of permits; or 

10 (3) any requirement or ordinance of a local gov11 ernment (such as a zoning regulation). 

12 Subtitle B—Repeal of Renewable 

13 Fuel Standard 

14 SEC. 6011. FINDINGS. 

15 Congress finds that the mandates under the renew16 able fuel standard contained in section 211(o) of the Clean 

17 Air Act (42 U.S.C. 7545(o))— 

18 (1) impose significant costs on American citi19 zens and the American economy, without offering 

20 any benefit; and 

21 (2) should be repealed. 

22 SEC. 6012. PHASE OUT OF RENEWABLE FUEL STANDARD. 

23 (a) IN GENERAL.—Section 211(o) of the Clean Air 

24 Act (42 U.S.C. 7545(o)) is amended— 

25 (1) in paragraph (2)— 


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1 (A) in subparagraph (A)— 

2 (i) by striking clause (ii); and 

3 (ii) by redesignating clauses (iii) and 

4 (iv) as clauses (ii) and (iii), respectively; 

5 and 

6 (B) in subparagraph (B), by striking 

7 clauses (ii) through (v) and inserting the fol8 lowing: 

9 ‘‘(ii) CALENDAR YEARS 2014 THROUGH

10 2018.—Notwithstanding clause (i), for pur11 poses of subparagraph (A), the applicable 

12 volumes of renewable fuel for each of cal13 endar years 2014 through 2018 shall be 

14 determined as follows: 

15 ‘‘(I) For calendar year 2014, in 

16 accordance with the table entitled ‘I– 

17 2—Proposed 2014 Volume Require18 ments’ of the proposed rule published 

19 at pages 71732 through 71784 of vol20 ume 78 of the Federal Register (No21 vember 29, 2013). 

22 ‘‘(II) For calendar year 2015, 

23 the applicable volumes established 

24 under subclause (I), reduced by 20 

25 percent. 


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1 ‘‘(III) For calendar year 2016, 

2 the applicable volumes established 

3 under subclause (I), reduced by 40 

4 percent. 

5 ‘‘(IV) For calendar year 2017, 

6 the applicable volumes established 

7 under subclause (I), reduced by 60 

8 percent. 

9 ‘‘(V) For calendar year 2018, the 

10 applicable volumes established under 

11 subclause (I), reduced by 80 per12 cent.’’; 

13 (2) in paragraph (3)— 

14 (A) by striking ‘‘2021’’ and inserting 

15 ‘‘2017’’ each place it appears; and 

16 (B) in subparagraph (B)(i), by inserting ‘‘, 

17 subject to the condition that the renewable fuel 

18 obligation determined for a calendar year is not 

19 more than the applicable volumes established 

20 under paragraph (2)(B)(ii)’’ before the period; 

21 and 

22 (3) by adding at the end the following: 

23 ‘‘(13) SUNSET.—The program established 

24 under this subsection shall terminate on December 

25 31, 2018.’’. 


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1 (b) REGULATIONS.—Effective beginning on January 

2 1, 2019, the regulations contained in subparts K and M 

3 of part 80 of title 40, Code of Federal Regulations (as 

4 in effect on that date of enactment), shall have no force 

5 or effect. 

6 TITLE VII—STOPPING EPA 

7 OVERREACH 

8 SEC. 7001. FINDINGS. 

9 Congress finds that— 

10 (1) the Environmental Protection Agency has 

11 exceeded its statutory authority by promulgating 

12 regulations that were not contemplated by Congress 

13 in the authorizing language of the statutes enacted 

14 by Congress; 

15 (2) no Federal agency has the authority to reg16 ulate greenhouse gases under current law; and 

17 (3) no attempt to regulate greenhouse gases 

18 should be undertaken without further Congressional 

19 action. 

20 SEC. 7002. CLARIFICATION OF FEDERAL REGULATORY AU21 THORITY TO EXCLUDE GREENHOUSE GASES 

22 FROM REGULATION UNDER THE CLEAN AIR 

23 ACT. 

24 (a) REPEAL OF FEDERAL CLIMATE CHANGE REGU25 LATION.— 


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1 (1) GREENHOUSE GAS REGULATION UNDER

2 CLEAN AIR ACT.—Section 302(g) of the Clean Air 

3 Act (42 U.S.C. 7602(g)) is amended— 

4 (A) by striking ‘‘(g) The term’’ and insert5 ing the following: 

6 ‘‘(g) AIR POLLUTANT.— 

7 ‘‘(1) IN GENERAL.—The term’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2) EXCLUSION.—The term ‘air pollutant’ 

10 does not include carbon dioxide, water vapor, meth11 ane, nitrous oxide, hydrofluorocarbons, perfluorocar12 bons, or sulfur hexafluoride.’’. 

13 (2) NO REGULATION OF CLIMATE CHANGE.— 

14 Notwithstanding any other provision of law, nothing 

15 in any of the following Acts or any other law author16 izes or requires the regulation of climate change or 

17 global warming: 

18 (A) The Clean Air Act (42 U.S.C. 7401 et 

19 seq.). 

20 (B) The Federal Water Pollution Control 

21 Act (33 U.S.C. 1251 et seq.). 

22 (C) The National Environmental Policy 

23 Act of 1969 (42 U.S.C. 4321 et seq.). 

24 (D) The Endangered Species Act of 1973 

25 (16 U.S.C. 1531 et seq.). 


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1 (E) The Solid Waste Disposal Act (42 

2 U.S.C. 6901 et seq.). 

3 (b) EFFECT ON PROPOSED RULES OF THE EPA.— 

4 In accordance with this section, the following proposed or 

5 contemplated rules (or any similar or successor rules) of 

6 the Environmental Protection Agency shall be void and 

7 have no force or effect: 

8 (1) The proposed rule entitled ‘‘Standards of 

9 Performance for Greenhouse Gas Emissions From 

10 New Stationary Sources: Electric Utility Generating 

11 Units’’ (published at 79 Fed. Reg. 1430 (January 8, 

12 2014)). 

13 (2) The contemplated rules on carbon pollution 

14 for existing power plants. 

15 (3) Any other contemplated or proposed rules 

16 proposed to be issued pursuant to the purported au17 thority described in subsection (a)(2). 

18 SEC. 7003. JOBS ANALYSIS FOR ALL EPA REGULATIONS. 

19 (a) IN GENERAL.—Before proposing or finalizing any 

20 regulation, rule, or policy, the Administrator of the Envi21 ronmental Protection Agency shall provide an analysis of 

22 the regulation, rule, or policy and describe the direct and 

23 indirect net and gross impact of the regulation, rule, or 

24 policy on employment in the United States. 


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1 (b) LIMITATION.—No regulation, rule, or policy de2 scribed in subsection (a) shall take effect if the regulation, 

3 rule, or policy has a negative impact on employment in 

4 the United States unless the regulation, rule, or policy is 

5 approved by Congress and signed by the President. 

6 TITLE VIII—DEBT FREEDOM 

7 FUND 

8 SEC. 8001. FINDINGS. 

9 Congress finds that— 

10 (1) the national debt being over 

11 $17,000,000,000,000 in 2014— 

12 (A) threatens the current and future pros13 perity of the United States; 

14 (B) undermines the national security inter15 ests of the United States; and 

16 (C) imposes a burden on future genera17 tions of United States citizens; and 

18 (2) revenue generated from the development of 

19 the natural resources in the United States should be 

20 used to reduce the national debt. 

21 SEC. 8002. DEBT FREEDOM FUND. 

22 Notwithstanding any other provision of law, in ac23 cordance with all revenue sharing arrangement with 

24 States in effect on the date of enactment of this Act, an 

25 amount equal to the additional amount of Federal funds 


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1 generated by the programs and activities under this Act 

2 (and the amendments made by this Act)— 

3 (1) shall be deposited in a special trust fund ac4 count in the Treasury, to be known as the ‘‘Debt 

5 Freedom Fund’’; and 

6 (2) shall not be withdrawn for any purpose 

7 other than to pay down the national debt of the 

8 United States, for which purpose payments shall be 

9 made expeditiously. 

Æ 


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