II 

113TH CONGRESS 

2D SESSION S. 2592 

To promote energy production and security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 10, 2014 

Mr. HOEVEN (for himself, Mr. MCCAIN, Ms. MURKOWSKI, and Mr. BARRASSO) introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To promote energy production and security, and for other 

purposes. 

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 ‘‘North Atlantic Energy Security Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—NATURAL GAS GATHERING ENHANCEMENT 

Sec. 101. Short title. 

Sec. 102. Findings. 

Sec. 103. Authority to approve natural gas pipelines. 


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Sec. 104. Certain natural gas gathering lines located on Federal land and Indian land. 

Sec. 105. Deadlines for permitting natural gas gathering lines under the Mineral Leasing Act. 

Sec. 106. Deadlines for permitting natural gas gathering lines under the Federal Land Policy and Management Act of 1976. 

Sec. 107. LNG regulatory certainty. 

Sec. 108. Expedited approval of exportation of natural gas to Ukraine and 

North Atlantic Treaty Organization member countries and 

Japan. 

TITLE II—ONSHORE OIL AND GAS PERMIT STREAMLINING 

Subtitle A—Streamlining Permitting 

Sec. 201. Short title. 

Sec. 202. Permit to drill application timeline. 

Sec. 203. Making pilot offices permanent to improve energy permitting on Federal land. 

Sec. 204. Administration. 

Sec. 205. Judicial review. 

Subtitle B—BLM Live Internet Auctions 

Sec. 211. Short title. 

Sec. 212. Internet-based onshore oil and gas lease sales. 

1 TITLE I—NATURAL GAS 

2 GATHERING ENHANCEMENT 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Natural Gas Gath5 ering Enhancement Act’’. 

6 SEC. 102. FINDINGS. 

7 Congress finds that— 

8 (1) record volumes of natural gas production in 

9 the United States as of the date of enactment of this 

10 Act are providing enormous benefits to the United 

11 States, including by— 

12 (A) reducing the need for imports of nat13 ural gas, thereby directly reducing the trade 

14 deficit; 


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1 (B) strengthening trade ties among the 

2 United States, Canada, and Mexico; 

3 (C) providing the opportunity for the 

4 United States to join the emerging global gas 

5 trade through the export of liquefied natural 

6 gas; 

7 (D) creating and supporting millions of 

8 new jobs across the United States; 

9 (E) adding billions of dollars to the gross 

10 domestic product of the United States every 

11 year; 

12 (F) generating additional Federal, State, 

13 and local government tax revenues; and 

14 (G) revitalizing the manufacturing sector 

15 by providing abundant and affordable feedstock; 

16 (2) large quantities of natural gas are lost due 

17 to venting and flaring, primarily in areas where nat18 ural gas infrastructure has not been developed 

19 quickly enough, such as States with large quantities 

20 of Federal land and Indian land; 

21 (3) permitting processes can hinder the develop22 ment of natural gas infrastructure, such as pipeline 

23 lines and gathering lines on Federal land and Indian 

24 land; and 


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1 (4) additional authority for the Secretary of the 

2 Interior to approve natural gas pipelines and gath3 ering lines on Federal land and Indian land would— 

4 (A) assist in bringing gas to market that 

5 would otherwise be vented or flared; and 

6 (B) significantly increase royalties collected 

7 by the Secretary of the Interior and disbursed 

8 to Federal, State, and tribal governments and 

9 individual Indians. 

10 SEC. 103. AUTHORITY TO APPROVE NATURAL GAS PIPE11 LINES. 

12 Section 1 of the Act of February 15, 1901 (31 Stat. 

13 790, chapter 372; 16 U.S.C. 79), is amended by inserting 

14 ‘‘, for natural gas pipelines’’ after ‘‘distribution of elec15 trical power’’. 

16 SEC. 104. CERTAIN NATURAL GAS GATHERING LINES LO17 CATED ON FEDERAL LAND AND INDIAN 

18 LAND. 

19 (a) IN GENERAL.—Subtitle B of title III of the En20 ergy Policy Act of 2005 (Public Law 109–58; 119 Stat. 

21 685) is amended by adding at the end the following: 

22 ‘‘SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LO23 CATED ON FEDERAL LAND AND INDIAN 

24 LAND. 

25 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) GAS GATHERING LINE AND ASSOCIATED

2 FIELD COMPRESSION UNIT.— 

3 ‘‘(A) IN GENERAL.—The term ‘gas gath4 ering line and associated field compression unit’ 

5 means— 

6 ‘‘(i) a pipeline that is installed to 

7 transport natural gas production associ8 ated with 1 or more wells drilled and com9 pleted to produce crude oil; and 

10 ‘‘(ii) if necessary, a compressor to 

11 raise the pressure of that transported nat12 ural gas to higher pressures suitable to en13 able the gas to flow into pipelines and 

14 other facilities. 

15 ‘‘(B) EXCLUSIONS.—The term ‘gas gath16 ering line and associated field compression unit’ 

17 does not include a pipeline or compression unit 

18 that is installed to transport natural gas from 

19 a processing plant to a common carrier pipeline 

20 or facility. 

21 ‘‘(2) FEDERAL LAND.— 

22 ‘‘(A) IN GENERAL.—The term ‘Federal 

23 land’ means land the title to which is held by 

24 the United States. 


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1 ‘‘(B) EXCLUSIONS.—The term ‘Federal 

2 land’ does not include— 

3 ‘‘(i) a unit of the National Park Sys4 tem; 

5 ‘‘(ii) a unit of the National Wildlife 

6 Refuge System; or 

7 ‘‘(iii) a component of the National 

8 Wilderness Preservation System. 

9 ‘‘(3) INDIAN LAND.—The term ‘Indian land’ 

10 means land the title to which is held by— 

11 ‘‘(A) the United States in trust for an In12 dian tribe or an individual Indian; or 

13 ‘‘(B) an Indian tribe or an individual In14 dian subject to a restriction by the United 

15 States against alienation. 

16 ‘‘(b) CERTAIN NATURAL GAS GATHERING LINES.— 

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

18 the issuance of a sundry notice or right-of-way for 

19 a gas gathering line and associated field compression 

20 unit that is located on Federal land or Indian land 

21 and that services any oil well shall be considered to 

22 be an action that is categorically excluded (as de23 fined in section 1508.4 of title 40, Code of Federal 

24 Regulations (as in effect on the date of enactment 

25 of this Act)) for purposes of the National EnvironVerDate Mar 15 2010 00:14 Jul 15, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2592.IS S2592

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

2 if the gas gathering line and associated field com3 pression unit are— 

4 ‘‘(A) within a field or unit for which an ap5 proved land use plan or an environmental docu6 ment prepared pursuant to the National Envi7 ronmental Policy Act of 1969 (42 U.S.C. 4321 

8 et seq.) analyzed transportation of natural gas 

9 produced from 1 or more oil wells in that field 

10 or unit as a reasonably foreseeable activity; and 

11 ‘‘(B) located adjacent to an existing dis12 turbed area for the construction of a road or 

13 pad. 

14 ‘‘(2) APPLICABILITY.— 

15 ‘‘(A) FEDERAL LAND.—Paragraph (1) 

16 shall not apply to Federal land, or a portion of 

17 Federal land, for which the Governor of the 

18 State in which the Federal land is located sub19 mits to the Secretary of the Interior or the Sec20 retary of Agriculture, as applicable, a written 

21 request that paragraph (1) not apply to that 

22 Federal land (or portion of Federal land). 

23 ‘‘(B) INDIAN LAND.—Paragraph (1) shall 

24 apply to Indian land, or a portion of Indian 

25 land, for which the Indian tribe with jurisdicVerDate Mar 15 2010 00:14 Jul 15, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2592.IS S2592

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1 tion over the Indian land submits to the Sec2 retary of the Interior a written request that 

3 paragraph (1) apply to that Indian land (or 

4 portion of Indian land). 

5 ‘‘(c) EFFECT ON OTHER LAW.—Nothing in this sec6 tion affects or alters any requirement— 

7 ‘‘(1) relating to prior consent under— 

8 ‘‘(A) section 2 of the Act of February 5, 

9 1948 (25 U.S.C. 324); or 

10 ‘‘(B) section 16(e) of the Act of June 18, 

11 1934 (25 U.S.C. 476(e)) (commonly known as 

12 the ‘Indian Reorganization Act’); or 

13 ‘‘(2) under any other Federal law (including 

14 regulations) relating to tribal consent for rights-of15 way across Indian land.’’. 

16 (b) ASSESSMENTS.—Title XVIII of the Energy Policy 

17 Act of 2005 (Public Law 109–58; 119 Stat. 1122) is 

18 amended by adding at the end the following: 

19 ‘‘SEC. 1841. NATURAL GAS GATHERING SYSTEM ASSESS20 MENTS. 

21 ‘‘(a) DEFINITION OF GAS GATHERING LINE AND AS22 SOCIATED FIELD COMPRESSION UNIT.—In this section, 

23 the term ‘gas gathering line and associated field compres24 sion unit’ has the meaning given the term in section 319. 


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1 ‘‘(b) STUDY.—Not later than 1 year after the date 

2 of enactment of the North Atlantic Energy Security Act 

3 of 2014, the Secretary of the Interior, in consultation with 

4 other appropriate Federal agencies, States, and Indian 

5 tribes, shall conduct a study to identify— 

6 ‘‘(1) any actions that may be taken, under Fed7 eral law (including regulations), to expedite permit8 ting for gas gathering lines and associated field com9 pression units that are located on Federal land or 

10 Indian land, for the purpose of transporting natural 

11 gas associated with crude oil production on any land 

12 to a processing plant or a common carrier pipeline 

13 for delivery to markets; and 

14 ‘‘(2) any proposed changes to Federal law (in15 cluding regulations) to expedite permitting for gas 

16 gathering lines and associated field compression 

17 units that are located on Federal land or Indian 

18 land, for the purpose of transporting natural gas as19 sociated with crude oil production on any land to a 

20 processing plant or a common carrier pipeline for 

21 delivery to markets. 

22 ‘‘(c) REPORT.—Not later than 180 days after the 

23 date of enactment of the North Atlantic Energy Security 

24 Act of 2014, and every 180 days thereafter, the Secretary 

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1 eral agencies, States, and Indian tribes, shall submit to 

2 Congress a report that describes— 

3 ‘‘(1) the progress made in expediting permits 

4 for gas gathering lines and associated field compres5 sion units that are located on Federal land or Indian 

6 land, for the purpose of transporting natural gas as7 sociated with crude oil production on any land to a 

8 processing plant or a common carrier pipeline for 

9 delivery to markets; and 

10 ‘‘(2) any issues impeding that progress.’’. 

11 (c) TECHNICAL AMENDMENTS.— 

12 (1) Section 1(b) of the Energy Policy Act of 

13 2005 (Public Law 109–58; 119 Stat. 594) is amend14 ed by adding at the end of subtitle B of title III the 

15 following: 

‘‘Sec. 319. Certain natural gas gathering lines located on Federal land and Indian land.’’. 

16 (2) Section 1(b) of the Energy Policy Act of 

17 2005 (Public Law 109–58; 119 Stat. 594) is amend18 ed by adding at the end of title XXVIII the fol19 lowing: 

‘‘Sec. 1841. Natural gas gathering system assessments.’’. 


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1 SEC. 105. DEADLINES FOR PERMITTING NATURAL GAS 

2 GATHERING LINES UNDER THE MINERAL 

3 LEASING ACT. 

4 Section 28 of the Mineral Leasing Act (30 U.S.C. 

5 185) is amended by adding at the end the following: 

6 ‘‘(z) NATURAL GAS GATHERING LINES.—The Sec7 retary of the Interior or other appropriate agency head 

8 shall issue a sundry notice or right-of-way for a gas gath9 ering line and associated field compression unit (as de10 fined in section 319(a) of the Energy Policy Act of 2005) 

11 that is located on Federal lands— 

12 ‘‘(1) for a gas gathering line and associated 

13 field compression unit described in section 319(b) of 

14 the Energy Policy Act of 2005, not later than 30 

15 days after the date on which the applicable agency 

16 head receives the request for issuance; and 

17 ‘‘(2) for all other gas gathering lines and asso18 ciated field compression units, not later than 60 

19 days after the date on which the applicable agency 

20 head receives the request for issuance.’’. 


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1 SEC. 106. DEADLINES FOR PERMITTING NATURAL GAS 

2 GATHERING LINES UNDER THE FEDERAL 

3 LAND POLICY AND MANAGEMENT ACT OF 

4 1976. 

5 Section 504 of the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1764) is amended by adding 

7 at the end the following: 

8 ‘‘(k) NATURAL GAS GATHERING LINES.—The Sec9 retary concerned shall issue a sundry notice or right-of10 way for a gas gathering line and associated field compres11 sion unit (as defined in section 319(a) of the Energy Pol12 icy Act of 2005) that is located on public lands— 

13 ‘‘(1) for a gas gathering line and associated 

14 field compression unit described in section 319(b) of 

15 the Energy Policy Act of 2005, not later than 30 

16 days after the date on which the applicable agency 

17 head receives the request for issuance; and 

18 ‘‘(2) for all other gas gathering lines and asso19 ciated field compression units, not later than 60 

20 days after the date on which the applicable agency 

21 head receives the request for issuance.’’. 

22 SEC. 107. LNG REGULATORY CERTAINTY. 

23 Section 3 of the Natural Gas Act (15 U.S.C. 717b) 

24 is amended by adding at the end the following: 

25 ‘‘(g) DEADLINE FOR CERTAIN APPLICATIONS FOR

26 EXPORTATION OF NATURAL GAS.— 


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1 ‘‘(1) IN GENERAL.—The Commission shall 

2 make a public interest determination and issue an 

3 order under subsection (a) for an application for the 

4 exportation of natural gas to a foreign country 

5 through a particular LNG terminal not later than 

6 45 days after receipt of an application under sub7 section (e) for— 

8 ‘‘(A) the conversion of that LNG terminal 

9 into an LNG import or export facility; or 

10 ‘‘(B) the construction of that LNG ter11 minal. 

12 ‘‘(2) APPLICATION.—This subsection shall not 

13 apply with respect to an application under sub14 section (a) for the exportation of natural gas— 

15 ‘‘(A) to a foreign country— 

16 ‘‘(i) to which the exportation of nat17 ural gas is otherwise prohibited by law; or 

18 ‘‘(ii) described in subsection (c); or 

19 ‘‘(B) if the Commission has made a contin20 gent determination with respect to the applica21 tion. 

22 ‘‘(3) EFFECT.—Except as specifically provided 

23 in this subsection, nothing in this subsection affects 

24 the authority of the Commission to review, process, 


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1 and make a determination with respect to an appli2 cation for the exportation of natural gas.’’. 

3 SEC. 108. EXPEDITED APPROVAL OF EXPORTATION OF NAT4 URAL GAS TO UKRAINE AND NORTH ATLAN5 TIC TREATY ORGANIZATION MEMBER COUN6 TRIES AND JAPAN. 

7 (a) IN GENERAL.—In accordance with clause 3 of 

8 section 8 of article I of the Constitution of the United 

9 States (delegating to Congress the power to regulate com10 merce with foreign nations), Congress finds that exports 

11 of natural gas produced in the United States to Ukraine, 

12 member countries of the North Atlantic Treaty Organiza13 tion, and Japan is— 

14 (1) necessary for the protection of the essential 

15 security interests of the United States; and 

16 (2) in the public interest pursuant to section 3 

17 of the Natural Gas Act (15 U.S.C. 717b). 

18 (b) EXPEDITED APPROVAL.—Section 3(c) of the Nat19 ural Gas Act (15 U.S.C. 717b(c)) is amended by inserting 

20 ‘‘, to Ukraine, to a member country of the North Atlantic 

21 Treaty Organization, or to Japan’’ after ‘‘trade in natural 

22 gas’’. 

23 (c) EFFECTIVE DATE.—The amendment made by 

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1 ural Gas Act (15 U.S.C. 717b) that are pending on, or 

2 filed on or after, the date of the enactment of this Act. 

3 TITLE II—ONSHORE OIL AND 

4 GAS PERMIT STREAMLINING 

5 Subtitle A—Streamlining 

6 Permitting 

7 SEC. 201. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Streamlining Per9 mitting of American Energy Act of 2014’’. 

10 SEC. 202. PERMIT TO DRILL APPLICATION TIMELINE. 

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

12 226(p)) is amended by striking paragraph (2) and insert13 ing the following: 

14 ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL RE15 FORM AND PROCESS.— 

16 ‘‘(A) TIMELINE.— 

17 ‘‘(i) IN GENERAL.—Not later than 30 

18 days after the date on which the Secretary 

19 receives an application for a permit to 

20 drill, the Secretary shall decide whether to 

21 issue or deny the permit. 

22 ‘‘(ii) EXTENSION.—On giving written 

23 notice of a delay to the applicant, the Sec24 retary may extend the period described in 


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1 clause (i) for not more than 2 additional 

2 periods of 15 days each. 

3 ‘‘(iii) FORM OF NOTICE.—The notice 

4 referred to in clause (ii) shall— 

5 ‘‘(I) be in the form of a letter 

6 from the Secretary or a designee of 

7 the Secretary; and 

8 ‘‘(II) shall include the names and 

9 titles of the persons processing the ap10 plication, the specific reasons for the 

11 delay, and a specific date a final deci12 sion on the application is expected. 

13 ‘‘(B) APPLICATION CONSIDERED AP14 PROVED.—If the Secretary has not made a de15 cision on the application by the end of the 60- 

16 day period beginning on the date the applica17 tion is received by the Secretary, the application 

18 shall be considered to be approved, except in a 

19 case in which an existing review under the Na20 tional Environmental Policy Act of 1969 (42 

21 U.S.C. 4321 et seq.) or the Endangered Species 

22 Act of 1973 (16 U.S.C. 1531 et seq.) is incom23 plete. 

24 ‘‘(C) DENIAL OF PERMIT.—If the Sec25 retary decides not to issue a permit to drill in 


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1 accordance with subparagraph (A), the Sec2 retary shall— 

3 ‘‘(i) provide to the applicant a descrip4 tion of the reasons for the denial of the 

5 permit; 

6 ‘‘(ii) allow the applicant to resubmit 

7 an application for a permit to drill during 

8 the 10-day period beginning on the date 

9 the applicant receives the description of 

10 the denial from the Secretary; and 

11 ‘‘(iii) issue or deny any resubmitted 

12 application not later than 10 days after the 

13 date on which the application is submitted 

14 to the Secretary. 

15 ‘‘(D) FEE.— 

16 ‘‘(i) IN GENERAL.—Notwithstanding 

17 any other provision of law, the Secretary 

18 shall collect a single $6,500 permit proc19 essing fee per application from each appli20 cant at the time the final decision is made 

21 whether to issue a permit under subpara22 graph (A). 

23 ‘‘(ii) LIMITATION.—The fee described 

24 in clause (i) shall not apply to any resub25 mitted application. 


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1 ‘‘(iii) TREATMENT OF PERMIT PROC2 ESSING FEE.—Of all amounts collected as 

3 fees under this paragraph, 50 percent shall 

4 be— 

5 ‘‘(I) transferred to the field office 

6 where the fee is collected; and 

7 ‘‘(II) used to process leases and 

8 permits under this Act, subject to ap9 propriation.’’. 

10 SEC. 203. MAKING PILOT OFFICES PERMANENT TO IM11 PROVE ENERGY PERMITTING ON FEDERAL 

12 LAND. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ENERGY PROJECTS.—The term ‘‘energy 

15 projects’’ includes oil, natural gas, and other energy 

16 projects, as defined by the Secretary. 

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

18 Federal Permit Streamlining Project established 

19 under subsection (b). 

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

21 the Secretary of the Interior. 

22 (b) ESTABLISHMENT.—The Secretary shall establish 

23 a Federal Permit Streamlining Project in every Bureau 

24 of Land Management field office with responsibility for 

25 permitting energy projects on Federal land. 


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1 (c) MEMORANDUM OF UNDERSTANDING.— 

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

3 the date of enactment of this Act, the Secretary 

4 shall enter into a memorandum of understanding for 

5 purposes of this section with— 

6 (A) the Secretary of Agriculture; 

7 (B) the Administrator of the Environ8 mental Protection Agency; and 

9 (C) the Chief of Engineers. 

10 (2) STATE PARTICIPATION.—The Secretary 

11 may request that the Governor of any State in which 

12 energy projects on Federal land are located be a sig13 natory to the memorandum of understanding. 

14 (d) DESIGNATION OF QUALIFIED STAFF.— 

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

16 the date of the signing of the memorandum of un17 derstanding under subsection (c), all Federal signa18 tory parties shall, if appropriate, assign to each of 

19 the Bureau of Land Management field offices an 

20 employee who has expertise in the regulatory issues 

21 relating to the office in which the employee is em22 ployed, including, as applicable, particular expertise 

23 in— 

24 (A) the consultations and the preparation 

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1 dangered Species Act of 1973 (16 U.S.C. 

2 1536); 

3 (B) permits under section 404 of Federal 

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

5 (C) regulatory matters under the Clean Air 

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

7 (D) planning under the National Forest 

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

9 seq.); and 

10 (E) the preparation of analyses under the 

11 National Environmental Policy Act of 1969 (42 

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

13 (2) DUTIES.—Each employee assigned under 

14 paragraph (1) shall— 

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

16 of assignment, report to the Bureau of Land 

17 Management Field Managers in the office to 

18 which the employee is assigned; 

19 (B) be responsible for all issues relating to 

20 the energy projects that arise under the au21 thorities of the agency of the employee; and 

22 (C) participate as part of the team of per23 sonnel working on proposed energy projects, 

24 planning, and environmental analyses on Fed25 eral land. 


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1 (e) ADDITIONAL PERSONNEL.—The Secretary shall 

2 assign to each Bureau of Land Management field office 

3 identified in subsection (b) any additional personnel that 

4 are necessary to ensure the effective approval and imple5 mentation of energy projects administered by the Bureau 

6 of Land Management field offices, including inspection 

7 and enforcement relating to energy development on Fed8 eral land, in accordance with the multiple use mandate 

9 of the Federal Land Policy and Management Act of 1976 

10 (43 U.S.C. 1701 et seq.). 

11 (f) FUNDING.—Salaries for the additional personnel 

12 shall be funded from the collection of fees described in 

13 section 17(p)(2)(D) of the Mineral Leasing Act (30 U.S.C. 

14 226(p)(2)(D)) (as amended by section 202). 

15 (g) SAVINGS PROVISION.—Nothing in this section af16 fects— 

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

18 or 

19 (2) any delegation of authority made by the 

20 head of a Federal agency whose employees are par21 ticipating in the Project. 

22 SEC. 204. ADMINISTRATION. 

23 Notwithstanding any other law, the Secretary of the 

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1 cumstances in administering section 390 of the Energy 

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

3 SEC. 205. JUDICIAL REVIEW. 

4 (a) DEFINITIONS.—In this section: 

5 (1) COVERED CIVIL ACTION.—The term ‘‘cov6 ered civil action’’ means a civil action containing a 

7 claim under section 702 of title 5, United States 

8 Code, regarding agency action (as defined for the 

9 purposes of that section) affecting a covered energy 

10 project on Federal land. 

11 (2) COVERED ENERGY PROJECT.— 

12 (A) IN GENERAL.—The term ‘‘covered en13 ergy project’’ means the leasing of Federal land 

14 for the exploration, development, production, 

15 processing, or transmission of oil, natural gas, 

16 or any other source of energy, and any action 

17 carried out pursuant to that lease. 

18 (B) EXCLUSION.—The term ‘‘covered en19 ergy project’’ does not include any disputes be20 tween the parties to a lease regarding the obli21 gations under the lease, including regarding any 

22 alleged breach of the lease. 

23 (b) EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS

24 RELATING TO COVERED ENERGY PROJECTS.—Venue for 


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1 any covered civil action shall lie in the district court where 

2 the project or leases exist or are proposed. 

3 (c) TIMELY FILING.—To ensure timely redress by the 

4 courts, a covered civil action shall be filed not later than 

5 the last day of the 90-day period beginning on the date 

6 of the final Federal agency action to which the covered 

7 civil action relates. 

8 (d) EXPEDITION IN HEARING AND DETERMINING

9 THE ACTION.—The court shall endeavor to hear and de10 termine any covered civil action as expeditiously as pos11 sible. 

12 (e) STANDARD OF REVIEW.—In any judicial review 

13 of a covered civil action, administrative findings and con14 clusions relating to the challenged Federal action or deci15 sion shall be presumed to be correct, and the presumption 

16 may be rebutted only by the preponderance of the evidence 

17 contained in the administrative record. 

18 (f) LIMITATION ON INJUNCTION AND PROSPECTIVE

19 RELIEF.— 

20 (1) IN GENERAL.—In a covered civil action, the 

21 court shall not grant or approve any prospective re22 lief unless the court finds that the relief is narrowly 

23 drawn, extends no further than necessary to correct 

24 the violation of a legal requirement, and is the least 

25 intrusive means necessary to correct that violation. 


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1 (2) DURATION OF PRELIMINARY INJUNC2 TIONS.—A court shall limit the duration of a pre3 liminary injunction to halt a covered energy project 

4 to a period of not more than 60 days, unless the 

5 court finds clear reasons to extend the injunction. 

6 (3) DURATION OF EXTENSION.—An extension 

7 under paragraph (2) shall— 

8 (A) only be for a period of not more than 

9 30 days; and 

10 (B) require action by the court to renew 

11 the injunction. 

12 (g) LIMITATION ON ATTORNEYS’ FEES.—Sections 

13 504 of title 5 and 2412 of title 28, United States Code 

14 (commonly known as the ‘‘Equal Access to Justice Act’’) 

15 shall not apply to a covered civil action, nor shall any 

16 party in the covered civil action receive payment from the 

17 Federal Government for attorneys’ fees, expenses, or other 

18 court costs. 

19 (h) LEGAL STANDING.—A person filing an appeal 

20 with the Department of the Interior Board of Land Ap21 peals shall meet the same standing requirements as a per22 son before a United States district court. 


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1 Subtitle B—BLM Live Internet 

2 Auctions 

3 SEC. 211. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘BLM Live Internet 

5 Auctions Act’’. 

6 SEC. 212. INTERNET-BASED ONSHORE OIL AND GAS LEASE 

7 SALES. 

8 (a) AUTHORIZATION.—Section 17(b)(1) of the Min9 eral Leasing Act (30 U.S.C. 226(b)(1)) is amended— 

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

11 by inserting ‘‘, except as provided in subparagraph 

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

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

14 ‘‘(C) INTERNET-BASED BIDDING.— 

15 ‘‘(i) IN GENERAL.—In order to diver16 sify and expand the onshore leasing pro17 gram in the United States to ensure the 

18 best return to the Federal taxpayer, reduce 

19 fraud, and secure the leasing process, the 

20 Secretary may conduct onshore lease sales 

21 through Internet-based bidding methods. 

22 ‘‘(ii) CONCLUSION OF SALE.—Each 

23 individual Internet-based lease sale shall 

24 conclude not later than 7 days after the 

25 date of initiation of the sale.’’. 


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1 (b) REPORT.—Not later than 90 days after the tenth 

2 Internet-based lease sale conducted pursuant to subpara3 graph (C) of section 17(b)(1) of the Mineral Leasing Act 

4 (30 U.S.C. 226(b)(1)) (as added by subsection (a)), the 

5 Secretary of the Interior shall conduct, and submit to Con6 gress a report describing the results of, an analysis of the 

7 first 10 such lease sales, including— 

8 (1) estimates of increases or decreases in the 

9 lease sales, compared to sales conducted by oral bid10 ding, in— 

11 (A) the number of bidders; 

12 (B) the average amount of the bids; 

13 (C) the highest amount of the bids; and 

14 (D) the lowest amount of the bids; 

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

16 the Department of the Interior as a result of the 

17 sales, as compared to sales conducted by oral bid18 ding; and 

19 (3) an evaluation of the demonstrated or ex20 pected effectiveness of different structures for lease 

21 sales, which may— 

22 (A) provide an opportunity to better maxi23 mize bidder participation; 

24 (B) ensure the highest return to the Fed25 eral taxpayers; 


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1 (C) minimize opportunities for fraud or 

2 collusion; and 

3 (D) ensure the security and integrity of 

4 the leasing process. 

Æ 


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