II 

114TH CONGRESS 

1ST SESSION S. 791 

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 SENATE OF THE UNITED STATES 

MARCH 18, 2015 

Mr. CRUZ introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

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 2015’’. 

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—EXPANDING AMERICAN ENERGY EXPORTS 

Sec. 1001. Finding. 


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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. Importation or exportation of natural gas to Canada and Mexico. 

Sec. 2005. Transmission of electric energy to Canada and Mexico. 

Sec. 2006. No Presidential permit required. 

Sec. 2007. Modifications to existing projects. 

Sec. 2008. 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

Sec. 4031. Permit to drill application timeline. 

Sec. 4032. Administrative protest documentation reform. 


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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. Ensuring consideration of economic impacts of protections for endangered species and threatened species. 

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. Rights-of-way across the Coastal Plain. 

Sec. 5010. Conveyance. 

Subtitle B—Native American Energy 

Sec. 5021. Findings. 

Sec. 5022. Appraisals. 


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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. Clarification of authority. 

Sec. 7004. 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 uniform, 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 and natural gas 

22 and the transmission of electricity to and from Canada 

23 and Mexico, in pursuit of a more secure and efficient 

24 North American energy market. 


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1 SEC. 2002. DEFINITIONS. 

2 In this subtitle: 

3 (1) CROSS-BORDER SEGMENT.—The term 

4 ‘‘cross-border segment’’ means the portion of an oil 

5 or natural gas pipeline or electric transmission facil6 ity that is located at the national boundary of the 

7 United States with either Canada or Mexico. 

8 (2) ELECTRIC RELIABILITY ORGANIZATION.— 

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

10 meaning given the term in section 215 of the Fed11 eral Power Act (16 U.S.C. 824o). 

12 (3) INDEPENDENT SYSTEM OPERATOR.—The 

13 term ‘‘Independent System Operator’’ has the mean14 ing given the term in section 3 of the Federal Power 

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

16 (4) MODIFICATION.—The term ‘‘modification’’ 

17 includes a reversal of flow direction, change in own18 ership, volume expansion, downstream or upstream 

19 interconnection, or adjustment to maintain flow 

20 (such as a reduction or increase in the number of 

21 pump or compressor stations). 

22 (5) NATURAL GAS.—The term ‘‘natural gas’’ 

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

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

25 (6) OIL.—The term ‘‘oil’’ means petroleum or 

26 a petroleum product. 


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1 (7) REGIONAL ENTITY.—The term ‘‘regional 

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

3 215 of the Federal Power Act (16 U.S.C. 824o). 

4 (8) REGIONAL TRANSMISSION ORGANIZATION.— 

5 The term ‘‘Regional Transmission Organization’’ 

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

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

8 SEC. 2003. AUTHORIZATION OF CERTAIN ENERGY INFRA9 STRUCTURE PROJECTS AT THE NATIONAL 

10 BOUNDARY OF THE UNITED STATES. 

11 (a) AUTHORIZATION.—Except as provided in sub12 section (c) and section 2007, no person may construct, 

13 connect, operate, or maintain a cross-border segment of 

14 an oil pipeline or electric transmission facility for the im15 port or export of oil or the transmission of electricity to 

16 or from Canada or Mexico without obtaining a certificate 

17 of crossing for the construction, connection, operation, or 

18 maintenance of the cross-border segment under this sec19 tion. 

20 (b) CERTIFICATE OF CROSSING.— 

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

22 after final action is taken under the National Envi23 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

24 seq.) with respect to a cross-border segment for 

25 which a request is received under this section, the 


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1 Secretary of Energy, in consultation with appro2 priate Federal agencies, shall issue a certificate of 

3 crossing for the cross-border segment unless the rel4 evant official finds that the construction, connection, 

5 operation, or maintenance of the cross-border seg6 ment is not in the national security interest of the 

7 United States. 

8 (2) ADDITIONAL REQUIREMENT FOR ELECTRIC

9 TRANSMISSION FACILITIES.—In the case of a request 

10 for a certificate of crossing for the construction, con11 nection, operation, or maintenance of a cross-border 

12 segment of an electric transmission facility, the Sec13 retary of Energy shall require, as a condition of 

14 issuing the certificate of crossing for the request 

15 under paragraph (1), that the cross-border segment 

16 of the electric transmission facility be constructed, 

17 connected, operated, or maintained consistent with 

18 all applicable policies and standards of— 

19 (A) the Electric Reliability Organization 

20 and the applicable regional entity; and 

21 (B) any Regional Transmission Organiza22 tion or Independent System Operator with 

23 operational or functional control over the cross24 border segment of the electric transmission fa25 cility. 


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1 (c) EXCLUSIONS.—This section shall not apply to any 

2 construction, connection, operation, or maintenance of a 

3 cross-border segment of an oil pipeline or electric trans4 mission facility for the import or export of oil or the trans5 mission of electricity to or from Canada or Mexico— 

6 (1) if the cross-border segment is operating for 

7 that import, export, or transmission as of the date 

8 of enactment of this Act; 

9 (2) if a permit described in section 2006 for 

10 that construction, connection, operation, or mainte11 nance has been issued; 

12 (3) if a certificate of crossing for that construc13 tion, connection, operation, or maintenance has pre14 viously been issued under this section; or 

15 (4) if an application for a permit described in 

16 section 2006 for that construction, connection, oper17 ation, or maintenance is pending on the date of en18 actment of this Act, until the earlier of— 

19 (A) the date on which the application is 

20 denied; or 

21 (B) July 1, 2016. 

22 (d) EFFECT OF OTHER LAWS.— 

23 (1) APPLICATION TO PROJECTS.—Nothing in 

24 this section or section 2007 affects the application of 

25 any other Federal law to a project for which a cerVerDate Sep 11 2014 04:20 Mar 25, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S791.IS S791

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1 tificate of crossing for the construction, connection, 

2 operation, or maintenance of a cross-border segment 

3 is sought under this section. 

4 (2) EFFECT ON NATURAL GAS ACT.—Nothing 

5 in this section or section 2007 affects the require6 ment to obtain approval or authorization under sec7 tions 3 and 7 of the Natural Gas Act (15 U.S.C. 

8 717b, 717f) for the siting, construction, or operation 

9 of any facility to import or export natural gas. 

10 SEC. 2004. IMPORTATION OR EXPORTATION OF NATURAL 

11 GAS TO CANADA AND MEXICO. 

12 Section 3(c) of the Natural Gas Act (15 U.S.C. 

13 717b(c)) is amended— 

14 (1) by striking ‘‘(c) For purposes’’ and insert15 ing the following: 

16 ‘‘(c) EXPEDITED APPROVAL.— 

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

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

19 ‘‘(2) EXPEDITED EXPORTS TO CANADA OR MEX20 ICO.—No order is required under subsection (a) to 

21 authorize the export or import of any natural gas to 

22 or from Canada or Mexico.’’. 


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1 SEC. 2005. TRANSMISSION OF ELECTRIC ENERGY TO CAN2 ADA AND MEXICO. 

3 (a) REPEAL OF REQUIREMENT TO SECURE

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

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

6 (b) CONFORMING AMENDMENTS.— 

7 (1) STATE REGULATIONS.—Section 202(f) of 

8 the Federal Power Act (16 U.S.C. 824a(f)) is 

9 amended in the last sentence by striking ‘‘insofar as 

10 such State regulation does not conflict with the exer11 cise of the Commission’s powers under or relating to 

12 subsection 202(e)’’. 

13 (2) SEASONAL DIVERSITY ELECTRICITY EX14 CHANGE.—Section 602(b) of the Public Utility Reg15 ulatory Policies Act of 1978 (16 U.S.C. 824a–4(b)) 

16 is amended in the first sentence by striking ‘‘the 

17 Commission has’’ and all that follows through the 

18 period at the end of the last sentence and inserting 

19 ‘‘the Secretary has conducted hearings and finds 

20 that the proposed transmission facilities would not 

21 impair the sufficiency of electric supply within the 

22 United States or would not impede or tend to im23 pede the coordination in the public interest of facili24 ties subject to the jurisdiction of the Secretary.’’. 


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1 SEC. 2006. NO PRESIDENTIAL PERMIT REQUIRED. 

2 No Presidential permit (or similar permit) required 

3 under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. 

4 Reg. 25299 (April 30, 2004)), Executive Order 11423 (3 

5 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), 

6 section 301 of title 3, United States Code, Executive 

7 Order 12038 (43 Fed. Reg. 3674 (January 26, 1978)), 

8 Executive Order 10485 (18 Fed. Reg. 5397 (September 

9 9, 1953)), or any other Executive order shall be necessary 

10 for the construction, connection, operation, or mainte11 nance of an oil or natural gas pipeline or electric trans12 mission facility, or any cross-border segment thereof. 

13 SEC. 2007. MODIFICATIONS TO EXISTING PROJECTS. 

14 No certificate of crossing under section 2003, or per15 mit described in section 2006, shall be required for a 

16 modification to the construction, connection, operation, or 

17 maintenance of an oil or natural gas pipeline or electric 

18 transmission facility— 

19 (1) that is operating for the import or export 

20 of oil or natural gas or the transmission of elec21 tricity to or from Canada or Mexico as of the date 

22 of enactment of this Act; 

23 (2) for which a permit described in section 

24 2006 for such construction, connection, operation, or 

25 maintenance has been issued; or 


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1 (3) for which a certificate of crossing for the 

2 cross-border segment of the pipeline or facility has 

3 previously been issued under section 2003. 

4 SEC. 2008. EFFECTIVE DATE; RULEMAKING DEADLINES. 

5 (a) EFFECTIVE DATE.—Sections 2003 through 2007, 

6 and the amendments made by those sections, shall take 

7 effect on January 1, 2016. 

8 (b) RULEMAKING DEADLINES.—The Secretary of 

9 Energy shall— 

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

11 enactment of this Act, publish in the Federal Reg12 ister notice of a proposed rulemaking to carry out 

13 the applicable requirements of section 2003; and 

14 (2) not later than 1 year after the date of en15 actment of this Act, publish in the Federal Register 

16 a final rule to carry out the applicable requirements 

17 of section 2003. 

18 Subtitle B—Keystone XL Permit 

19 Approval 

20 SEC. 2011. FINDINGS. 

21 Congress finds that— 

22 (1) building the Keystone XL pipeline will pro23 vide jobs and economic growth to the United States; 

24 and 


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1 (2) the Keystone XL pipeline should be ap2 proved immediately. 

3 SEC. 2012. KEYSTONE XL PERMIT APPROVAL. 

4 (a) IN GENERAL.—Notwithstanding Executive Order 

5 13337 (3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 

6 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 

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

8 3, United States Code, and any other Executive order or 

9 provision of law, no presidential permit shall be required 

10 for the pipeline described in the application filed on May 

11 4, 2012, by TransCanada Corporation to the Department 

12 of State for the northern portion of the Keystone XL pipe13 line from the Canadian border to the border between the 

14 States of South Dakota and Nebraska. 

15 (b) ENVIRONMENTAL IMPACT STATEMENT.—The 

16 final environmental impact statement issued by the Sec17 retary of State on January 31, 2014, regarding the pipe18 line referred to in subsection (a), shall be considered to 

19 satisfy all requirements of the National Environmental 

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

21 (c) CRITICAL HABITAT.—No area necessary to con22 struct or maintain the Keystone XL pipeline shall be con23 sidered critical habitat under the Endangered Species Act 

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

25 of law. 


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

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

3 pipeline and cross-border facilities described in subsection 

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

5 remain in effect. 

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

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

8 related facilities in the United States, that are approved 

9 by this section, and any permit, right-of-way, or other ac10 tion taken to construct or complete the project pursuant 

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

12 direct appeal to the United States Court of Appeals for 

13 the District of Columbia Circuit. 

14 TITLE III—OUTER CONTINENTAL 

15 SHELF LEASING 

16 SEC. 3001. FINDING. 

17 Congress finds that the United States has enormous 

18 potential for offshore energy development and that the 

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

20 and economic benefits from developing those resources. 

21 SEC. 3002. EXTENSION OF LEASING PROGRAM. 

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

23 Draft Proposed Outer Continental Shelf Oil and Gas 

24 Leasing Program 2015–2020 issued by the Secretary of 

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


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1 under section 18 of the Outer Continental Shelf Lands 

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

3 oil and gas leasing program under that section for the pe4 riod of fiscal years 2015 through 2020. 

5 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

6 The Secretary is considered to have issued a final environ7 mental impact statement for the program applicable to the 

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

9 requirements under section 102(2)(C) of the National En10 vironmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

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

12 shall not be included in the final oil and gas leasing pro13 gram for the period of fiscal years 2015 through 2020. 

14 SEC. 3003. LEASE SALES. 

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

16 this section, not later than 180 days after the date of en17 actment of this Act and every 270 days thereafter, the 

18 Secretary shall conduct a lease sale in each outer Conti19 nental Shelf planning area for which the Secretary deter20 mines that there is a commercial interest in purchasing 

21 Federal oil and gas leases for production on the outer Con22 tinental Shelf. 

23 (b) SUBSEQUENT DETERMINATIONS AND SALES.—If 

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1 duction on the outer Continental Shelf in a planning area 

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

3 of the determination and every 2 years thereafter, the Sec4 retary shall— 

5 (1) make an additional determination on wheth6 er there is a commercial interest in purchasing Fed7 eral oil and gas leases for production on the outer 

8 Continental Shelf in the planning area; and 

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

10 commercial interest under paragraph (1), conduct a 

11 lease sale in the planning area. 

12 (c) PROTECTION OF STATE INTEREST.—In devel13 oping future leasing programs, the Secretary shall give 

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

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

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

17 the leasing program. 

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

19 to conduct a lease sale for an outer Continental Shelf plan20 ning area in which the person has a commercial interest, 

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

22 accordance with subsection (a). 


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1 SEC. 3004. APPLICATIONS FOR PERMITS TO DRILL. 

2 Section 5 of the Outer Continental Shelf Lands Act 

3 (43 U.S.C. 1334) is amended by adding at the end the 

4 following: 

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

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

7 the Secretary shall approve or disapprove an applica8 tion for a permit to drill submitted under this Act 

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

10 application is submitted to the Secretary. 

11 ‘‘(2) DISAPPROVAL.—If the Secretary dis12 approves an application for a permit to drill under 

13 paragraph (1), the Secretary shall— 

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

15 of the reasons for the disapproval of the appli16 cation; 

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

18 application during the 10-day period beginning 

19 on the date of the receipt of the description de20 scribed in subparagraph (A) by the applicant; 

21 and 

22 ‘‘(C) approve or disapprove any resub23 mitted application not later than 10 days after 

24 the date on which the application is submitted 

25 to the Secretary.’’. 


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1 SEC. 3005. LEASE SALES FOR CERTAIN AREAS. 

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

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

4 the Secretary shall conduct Lease Sale 220 for areas off5 shore of the State of Virginia. 

6 (b) COMPLIANCE WITH OTHER LAWS.—For pur7 poses of the lease sale described in subsection (a), the en8 vironmental impact statement prepared under section 

9 3001 shall satisfy the requirements of the National Envi10 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

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

12 (1) JURISDICTION.—The United States Court 

13 of Appeals for the Fifth Circuit shall have exclusive 

14 jurisdiction over challenges to offshore energy 

15 projects and permits to drill carried out in the Gulf 

16 of Mexico. 

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

18 challenge a project or permit described in paragraph 

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

20 date of approval of the project or the issuance of the 

21 permit. 

22 TITLE IV—UTILIZING AMERICA’S 

23 ONSHORE RESOURCES 

24 SEC. 4001. FINDINGS. 

25 Congress finds that— 


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1 (1) current policy has failed to take full advan2 tage of the natural resources on Federal land; 

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

4 lead energy development on all available Federal 

5 land in a State; and 

6 (3) the Federal Government should not inhibit 

7 energy development on Federal land. 

8 SEC. 4002. STATE OPTION FOR ENERGY DEVELOPMENT. 

9 Notwithstanding any other provision of this title, a 

10 State may elect to control energy development and produc11 tion on available Federal land in accordance with the 

12 terms and conditions of subtitle A and the amendments 

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

14 system established under subtitle B and the amendments 

15 made by subtitle B. 

16 Subtitle A—Energy Development 

17 by States 

18 SEC. 4011. DEFINITIONS. 

19 In this subtitle: 

20 (1) AVAILABLE FEDERAL LAND.—The term 

21 ‘‘available Federal land’’ means any Federal land 

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

23 (A) is located within the boundaries of a 

24 State; 


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

2 trust for the benefit of a federally recognized 

3 Indian tribe; 

4 (C) is not a unit of the National Park Sys5 tem; 

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

7 Refuge System; and 

8 (E) is not a congressionally designated wil9 derness area. 

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

11 the Secretary of the Interior. 

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

13 (A) a State; and 

14 (B) the District of Columbia. 

15 SEC. 4012. STATE PROGRAMS. 

16 (a) IN GENERAL.—A State— 

17 (1) may establish a program covering the leas18 ing and permitting processes, regulatory require19 ments, and any other provisions by which the State 

20 would exercise the rights of the State to develop all 

21 forms of energy resources on available Federal land 

22 in the State; and 

23 (2) as a condition of certification under section 

24 4013(b) shall submit a declaration to the Depart25 ments of the Interior, Agriculture, and Energy that 


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1 a program under paragraph (1) has been established 

2 or amended. 

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

4 amend a program developed and certified under this sub5 title at any time. 

6 (c) CERTIFICATION OF AMENDED PROGRAMS.—Any 

7 program amended under subsection (b) shall be certified 

8 under section 4013(b). 

9 SEC. 4013. LEASING, PERMITTING, AND REGULATORY PRO10 GRAMS. 

11 (a) SATISFACTION OF FEDERAL REQUIREMENTS.— 

12 Each program certified under this section shall be consid13 ered to satisfy all applicable requirements of Federal law 

14 (including regulations), including— 

15 (1) the National Environmental Policy Act of 

16 1969 (42 U.S.C. 4321 et seq.); 

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

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

19 (3) the National Historic Preservation Act (16 

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

21 (b) FEDERAL CERTIFICATION AND TRANSFER OF

22 DEVELOPMENT RIGHTS.—Upon submission of a declara23 tion by a State under section 4012(a)(2)— 

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

25 be certified; and 


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

2 Federal Government to develop all forms of energy 

3 resources covered by the program. 

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

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

6 any form of energy resource on any available Federal land 

7 within the borders of the State in accordance with a pro8 gram certified under subsection (b), the permit or lease 

9 shall be considered to meet all applicable requirements of 

10 Federal law (including regulations). 

11 SEC. 4014. JUDICIAL REVIEW. 

12 Activities carried out in accordance with this subtitle 

13 shall not be subject to Federal judicial review. 

14 SEC. 4015. ADMINISTRATIVE PROCEDURE ACT. 

15 Activities carried out in accordance with this subtitle 

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

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

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

19 Subtitle B—Onshore Oil and Gas 

20 Permit Streamlining 

21 PART I—OIL AND GAS LEASING CERTAINTY 

22 SEC. 4021. MINIMUM ACREAGE REQUIREMENT FOR ON23 SHORE LEASE SALES. 

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

25 226) is amended— 


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1 (1) by striking ‘‘SEC. 17. (a) All lands’’ and in2 serting the following: 

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

4 ‘‘(a) AUTHORITY OF SECRETARY.— 

5 ‘‘(1) IN GENERAL.—All land’’; and 

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

7 following: 

8 ‘‘(2) MINIMUM ACREAGE REQUIREMENT FOR

9 ONSHORE LEASE SALES.— 

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

11 sales under paragraph (1)— 

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

13 nominated land should be leased; and 

14 ‘‘(ii) the Secretary of the Interior 

15 shall offer for sale all of the nominated 

16 acreage not previously made available for 

17 lease, unless the Secretary demonstrates by 

18 clear and convincing evidence that an indi19 vidual lease should not be granted. 

20 ‘‘(B) ADMINISTRATION.—Acreage offered 

21 for lease pursuant to this paragraph— 

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

23 and 

24 ‘‘(ii) shall be eligible for categorical 

25 exclusions under section 390 of the Energy 


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1 Policy Act of 2005 (42 U.S.C. 15942), ex2 cept that the categorical exclusions shall 

3 not be subject to the test of extraordinary 

4 circumstances or any other similar regula5 tion or policy guidance. 

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

7 paragraph, the Secretary shall only consider 

8 leasing of Federal land that is available for 

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

10 SEC. 4022. LEASING CERTAINTY. 

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

12 226(a)) (as amended by section 4061) is amended by add13 ing at the end the following: 

14 ‘‘(3) LEASING CERTAINTY.— 

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

16 Interior shall not withdraw any covered energy 

17 project (as defined in section 4051 of the Amer18 ican Energy Renaissance Act of 2015) issued 

19 under this Act without finding a violation of the 

20 terms of the lease by the lessee. 

21 ‘‘(B) DELAY.—The Secretary shall not in22 fringe on lease rights under leases issued under 

23 this Act by indefinitely delaying issuance of 

24 project approvals, drilling and seismic permits, 

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


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

2 than 18 months after an area is designated as 

3 open under the applicable land use plan, the 

4 Secretary shall make available nominated areas 

5 for lease using the criteria established under 

6 section 2. 

7 ‘‘(D) LAST PAYMENT.— 

8 ‘‘(i) IN GENERAL.—Notwithstanding 

9 any other provision of law, the Secretary 

10 shall issue all leases sold not later than 60 

11 days after the last payment is made. 

12 ‘‘(ii) CANCELLATION.—The Secretary 

13 shall not cancel or withdraw any lease par14 cel after a competitive lease sale has oc15 curred and a winning bidder has submitted 

16 the last payment for the parcel. 

17 ‘‘(E) PROTESTS.— 

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

19 end of the 60-day period beginning on the 

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

21 Secretary shall adjudicate any lease pro22 tests filed following a lease sale. 

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

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

25 any protest is left unsettled— 


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1 ‘‘(I) the protest shall be consid2 ered automatically denied; and 

3 ‘‘(II) the appeal rights of the 

4 protestor shall begin. 

5 ‘‘(F) ADDITIONAL LEASE STIPULATIONS.— 

6 No additional lease stipulation may be added 

7 after the parcel is sold without consultation and 

8 agreement of the lessee, unless the Secretary 

9 considers the stipulation as an emergency ac10 tion to conserve the resources of the United 

11 States.’’. 

12 SEC. 4023. LEASING CONSISTENCY. 

13 A Federal land manager shall follow existing resource 

14 management plans and continue to actively lease in areas 

15 designated as open when resource management plans are 

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

17 of decision is signed. 

18 SEC. 4024. REDUCE REDUNDANT POLICIES. 

19 Bureau of Land Management Instruction Memo20 randum 2010–117 shall have no force or effect. 

21 SEC. 4025. STREAMLINED CONGRESSIONAL NOTIFICATION. 

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

23 188(e)) is amended in the first sentence of the matter fol24 lowing paragraph (4) by striking ‘‘at least thirty days in 


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

2 report’’. 

3 PART II—APPLICATION FOR PERMITS TO DRILL 

4 PROCESS REFORM 

5 SEC. 4031. PERMIT TO DRILL APPLICATION TIMELINE. 

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

7 226(p)) is amended by striking paragraph (2) and insert8 ing the following: 

9 ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL RE10 FORM AND PROCESS.— 

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

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

13 an application for a permit to drill is received 

14 by the Secretary, the Secretary shall decide 

15 whether to issue the permit. 

16 ‘‘(B) EXTENSION.— 

17 ‘‘(i) IN GENERAL.—The Secretary 

18 may extend the period described in sub19 paragraph (A) for up to 2 periods of 15 

20 days each, if the Secretary has given writ21 ten notice of the delay to the applicant. 

22 ‘‘(ii) NOTICE.—The notice shall— 

23 ‘‘(I) be in the form of a letter 

24 from the Secretary or a designee of 

25 the Secretary; and 


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1 ‘‘(II) include— 

2 ‘‘(aa) the names and titles 

3 of the persons processing the ap4 plication; 

5 ‘‘(bb) the specific reasons 

6 for the delay; and 

7 ‘‘(cc) a specific date a final 

8 decision on the application is ex9 pected. 

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

11 If the application is denied, the Secretary shall 

12 provide the applicant— 

13 ‘‘(i) a written statement that provides 

14 clear and comprehensive reasons why the 

15 application was not accepted and detailed 

16 information concerning any deficiencies; 

17 and 

18 ‘‘(ii) an opportunity to remedy any de19 ficiencies. 

20 ‘‘(D) APPLICATION DEEMED APPROVED.— 

21 ‘‘(i) IN GENERAL.—Except as pro22 vided in clause (ii), if the Secretary has 

23 not made a decision on the application by 

24 the end of the 60-day period beginning on 

25 the date the application is received by the 


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1 Secretary, the application shall be consid2 ered approved. 

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

4 not apply in cases in which existing reviews 

5 under the National Environmental Policy 

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

7 Endangered Species Act of 1973 (16 

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

9 ‘‘(E) DENIAL OF PERMIT.—If the Sec10 retary decides not to issue a permit to drill 

11 under this paragraph, the Secretary shall— 

12 ‘‘(i) provide to the applicant a descrip13 tion of the reasons for the denial of the 

14 permit; 

15 ‘‘(ii) allow the applicant to resubmit 

16 an application for a permit to drill during 

17 the 10-day period beginning on the date 

18 the applicant receives the description of 

19 the denial from the Secretary; and 

20 ‘‘(iii) issue or deny any resubmitted 

21 application not later than 10 days after the 

22 date the application is submitted to the 

23 Secretary. 

24 ‘‘(F) FEE.— 


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1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 any other provision of law, the Secretary 

3 shall collect a single $6,500 permit proc4 essing fee per application from each appli5 cant at the time the final decision is made 

6 whether to issue a permit under subpara7 graph (A). 

8 ‘‘(ii) RESUBMITTED APPLICATION.— 

9 The fee required under clause (i) shall not 

10 apply to any resubmitted application. 

11 ‘‘(iii) TREATMENT OF PERMIT PROC12 ESSING FEE.—Subject to appropriation, of 

13 all fees collected under this paragraph for 

14 each fiscal year, 50 percent shall be— 

15 ‘‘(I) transferred to the field office 

16 at which the fees are collected; and 

17 ‘‘(II) used to process protests, 

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

19 SEC. 4032. ADMINISTRATIVE PROTEST DOCUMENTATION 

20 REFORM. 

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

22 226(p)) (as amended by section 4031) is amended by add23 ing at the end the following: 

24 ‘‘(4) PROTEST FEE.— 


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

2 collect a $5,000 documentation fee to accom3 pany each administrative protest for a lease, 

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

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

6 appropriation, of all fees collected under this 

7 paragraph for each fiscal year, 50 percent 

8 shall— 

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

10 the fees are collected; and 

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

12 SEC. 4033. IMPROVED FEDERAL ENERGY PERMIT COORDI13 NATION. 

14 (a) DEFINITIONS.—In this section: 

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

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

17 energy project, as defined by the Secretary. 

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

19 Federal Permit Streamlining Project established 

20 under subsection (b). 

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

22 the Secretary of the Interior. 

23 (b) ESTABLISHMENT.—The Secretary shall establish 

24 a Federal Permit Streamlining Project in each Bureau of 


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1 Land Management field office with responsibility for per2 mitting energy projects on Federal land. 

3 (c) MEMORANDUM OF UNDERSTANDING.— 

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

5 the date of enactment of this Act, the Secretary 

6 shall enter into a memorandum of understanding for 

7 purposes of carrying out this section with— 

8 (A) the Secretary of Agriculture; 

9 (B) the Administrator of the Environ10 mental Protection Agency; and 

11 (C) the Chief of Engineers. 

12 (2) STATE PARTICIPATION.—The Secretary 

13 may request that the Governor of any State with en14 ergy projects on Federal land to be a signatory to 

15 the memorandum of understanding. 

16 (d) DESIGNATION OF QUALIFIED STAFF.— 

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

18 the date of the signing of the memorandum of un19 derstanding under subsection (c), each Federal sig20 natory party shall, if appropriate, assign to each Bu21 reau of Land Management field office an employee 

22 who has expertise in the regulatory issues relating to 

23 the office in which the employee is employed, includ24 ing, as applicable, particular expertise in— 


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1 (A) the consultations and the preparation 

2 of biological opinions under section 7 of the En3 dangered Species Act of 1973 (16 U.S.C. 

4 1536); 

5 (B) permits under section 404 of the Fed6 eral Water Pollution Control Act (33 U.S.C. 

7 1344); 

8 (C) regulatory matters under the Clean Air 

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

10 (D) planning under the National Forest 

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

12 seq.); and 

13 (E) the preparation of analyses under the 

14 National Environmental Policy Act of 1969 (42 

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

16 (2) DUTIES.—Each employee assigned under 

17 paragraph (1) shall— 

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

19 of assignment, report to the Bureau of Land 

20 Management Field Managers in the office to 

21 which the employee is assigned; 

22 (B) be responsible for all issues relating to 

23 the energy projects that arise under the au24 thorities of the home agency of the employee; 

25 and 


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1 (C) participate as part of the team of per2 sonnel working on proposed energy projects, 

3 planning, and environmental analyses on Fed4 eral land. 

5 (e) ADDITIONAL PERSONNEL.—The Secretary shall 

6 assign to each Bureau of Land Management field office 

7 described in subsection (b) any additional personnel that 

8 are necessary to ensure the effective approval and imple9 mentation of energy projects administered by the Bureau 

10 of Land Management field office, including inspection and 

11 enforcement relating to energy development on Federal 

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

13 Federal Land Policy and Management Act of 1976 (43 

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

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

16 shall come from the Department of the Interior reforms 

17 under paragraph (2) of section 17(p) of the Mineral Leas18 ing Act (30 U.S.C. 226(p)) (as amended by section 4031 

19 and section 4032). 

20 (g) SAVINGS PROVISION.—Nothing in this section af21 fects— 

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

23 or 


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1 (2) any delegation of authority made by the 

2 head of a Federal agency any employee of which is 

3 participating in the Project. 

4 SEC. 4034. ADMINISTRATION. 

5 Notwithstanding any other provision of law, the Sec6 retary of the Interior shall not require a finding of extraor7 dinary circumstances in administering section 390 of the 

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

9 PART III—OIL SHALE 

10 SEC. 4041. EFFECTIVENESS OF OIL SHALE REGULATIONS, 

11 AMENDMENTS TO RESOURCE MANAGEMENT 

12 PLANS, AND RECORD OF DECISION. 

13 (a) REGULATIONS.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law (including regulations), the final 

16 regulations regarding oil shale management pub17 lished by the Bureau of Land Management on No18 vember 18, 2008 (73 Fed. Reg. 69414), shall be 

19 considered to satisfy all legal and procedural re20 quirements under any law, including— 

21 (A) the Federal Land Policy and Manage22 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

23 (B) the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.); and 


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1 (C) the National Environmental Policy Act 

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

3 (2) IMPLEMENTATION.—The Secretary of the 

4 Interior shall implement the regulations described in 

5 paragraph (1) (including the oil shale leasing pro6 gram authorized by the regulations) without any 

7 other administrative action necessary. 

8 (b) AMENDMENTS TO RESOURCE MANAGEMENT

9 PLANS AND RECORD OF DECISION.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law (including regulations) to the con12 trary, the Approved Resource Management Plan 

13 Amendments/Record of Decision for Oil Shale and 

14 Tar Sands Resources to Address Land Use Alloca15 tions in Colorado, Utah, and Wyoming and the Final 

16 Programmatic Environmental Impact Statement of 

17 the Bureau of Land Management, as in effect on 

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

19 legal and procedural requirements under any law, in20 cluding— 

21 (A) the Federal Land Policy and Manage22 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

23 (B) the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.); and 


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1 (C) the National Environmental Policy Act 

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

3 (2) IMPLEMENTATION.—The Secretary of the 

4 Interior shall implement the oil shale leasing pro5 gram authorized by the regulations described in 

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

7 management plans covered by the amendments, and 

8 covered by the record of decision, described in para9 graph (1) without any other administrative action 

10 necessary. 

11 SEC. 4042. OIL SHALE LEASING. 

12 (a) ADDITIONAL RESEARCH AND DEVELOPMENT

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

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

15 shall hold a lease sale offering an additional 10 parcels 

16 for lease for research, development, and demonstration of 

17 oil shale resources, under the terms offered in the solicita18 tion of bids for such leases published on January 15, 2009 

19 (74 Fed. Reg. 2611). 

20 (b) COMMERCIAL LEASE SALES.— 

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

22 2017, the Secretary of the Interior shall hold not 

23 less than 5 separate commercial lease sales in areas 

24 considered to have the most potential for oil shale 


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1 development, as determined by the Secretary, in 

2 areas nominated through public comment. 

3 (2) ADMINISTRATION.—Each lease sale shall 

4 be— 

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

6 acres; and 

7 (B) in multiple lease blocs. 

8 PART IV—NATIONAL PETROLEUM RESERVE IN 

9 ALASKA ACCESS 

10 SEC. 4051. SENSE OF CONGRESS AND REAFFIRMING NA11 TIONAL POLICY FOR THE NATIONAL PETRO12 LEUM RESERVE IN ALASKA. 

13 It is the sense of Congress that— 

14 (1) the National Petroleum Reserve in Alaska 

15 remains explicitly designated, both in name and legal 

16 status, for purposes of providing oil and natural gas 

17 resources to the United States; and 

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

19 advance oil and gas development within the Reserve 

20 by facilitating the expeditious exploration, produc21 tion, and transportation of oil and natural gas from 

22 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 2015 through 2024.’’. 

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. ENSURING CONSIDERATION OF ECONOMIC IM19 PACTS OF PROTECTIONS FOR ENDANGERED 

20 SPECIES AND THREATENED SPECIES. 

21 (a) IN GENERAL.—Section 13 of the Endangered 

22 Species Act of 1973 (87 Stat. 902; relating to conforming 

23 amendments to other laws, which have been executed) is 

24 amended to read as follows: 


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1 ‘‘SEC. 13. ENSURING THE CONSIDERATION OF THE ECO2 NOMIC IMPACTS OF PROTECTIONS. 

3 ‘‘(a) CONSIDERATION OF ECONOMIC COSTS AND

4 BENEFITS.—Notwithstanding any other provision of this 

5 Act, any authorization, requirement, or prohibition of, or 

6 other restriction on, any action by a Federal agency or 

7 other person under this Act shall not apply with respect 

8 to a species determined by the Secretary to be an endan9 gered species or threatened species, unless— 

10 ‘‘(1) the Secretary has published and submitted 

11 to Congress a report that— 

12 ‘‘(A) describes the application; 

13 ‘‘(B) sets forth the data considered by the 

14 Secretary regarding the economic costs and 

15 benefits of the application; and 

16 ‘‘(C) determines that the economic benefits 

17 of the application exceed the economic costs of 

18 the application; and 

19 ‘‘(2) the application is authorized expressly with 

20 respect to that species in a law enacted by Congress 

21 after the date of enactment of the American Energy 

22 Renaissance Act of 2015. 

23 ‘‘(b) LIMITATIONS.—Subsection (a)— 

24 ‘‘(1) does not affect any authority of the Sec25 retary under this Act— 


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1 ‘‘(A) to determine that a species is an en2 dangered species or threatened species and des3 ignate the critical habitat of that species; 

4 ‘‘(B) to conduct research regarding a spe5 cies or the critical habitat of that species; or 

6 ‘‘(C) to prepare, publish, or revise lists, or 

7 conduct reviews, under section 4(c); 

8 ‘‘(2) does not apply with respect to a species 

9 if— 

10 ‘‘(A) the Secretary— 

11 ‘‘(i) determines that prompt applica12 tion of an authorization, requirement, or 

13 prohibition under this Act is necessary to 

14 prevent the extinction of the species; and 

15 ‘‘(ii) convenes a meeting of the En16 dangered Species Committee to consider 

17 that determination, except that for pur18 poses of this paragraph each member of 

19 the Committee from an affected State 

20 under section 4(e)(3)(G) shall be appointed 

21 by the Governor of that State; and 

22 ‘‘(B) the Committee— 

23 ‘‘(i) concurs in that determination by 

24 not later than 30 days after the date the 

25 Secretary convenes the Committee; and 


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1 ‘‘(ii) the vote to concur in that deter2 mination is unanimous, with all 7 votes in 

3 favor; and 

4 ‘‘(3) does not affect the application of this Act 

5 with respect to a species that is included in the list 

6 in effect under section 4(c) on the date of enactment 

7 of the American Energy Renaissance Act of 2015, 

8 during the 15-year period beginning on that date of 

9 enactment. 

10 ‘‘(c) CHANGE IN STATUS OF SPECIES.— 

11 ‘‘(1) IN GENERAL.—A species shall not be 

12 treated under this Act as an endangered species or 

13 threatened species after the end of the 15-year pe14 riod beginning on the date the Secretary determines 

15 under this Act that the species is an endangered 

16 species or a threatened species, unless the Secretary 

17 determines under section 4(c)(2), after the end of 

18 the 10-year period beginning on that date, that the 

19 species should not be changed in status. 

20 ‘‘(2) APPLICATION WITH RESPECT TO PRE21 VIOUSLY LISTED SPECIES.—In the case of a species 

22 included in a list under section 4(c) in effect on the 

23 date of enactment of the American Energy Renais24 sance Act of 2015, paragraph (1) shall be applied by 

25 substituting that date of enactment for the date ‘the 


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1 Secretary determines under this Act that the species 

2 is an endangered species or a threatened species’.’’. 

3 (b) CONFORMING AMENDMENT.—The table of con4 tents for the Endangered Species Act of 1973 (15 U.S.C. 

5 1531 note) is amended by striking the item relating to 

6 section 13 and inserting the following: 

‘‘Sec. 13. Ensuring the consideration of the economic impacts of protections.’’. 

7 PART VI—JUDICIAL REVIEW 

8 SEC. 4071. DEFINITIONS. 

9 In this part: 

10 (1) COVERED CIVIL ACTION.—The term ‘‘cov11 ered civil action’’ means a civil action containing a 

12 claim under section 702 of title 5, United States 

13 Code, regarding agency action (as defined for the 

14 purposes of that section) affecting a covered energy 

15 project on Federal land. 

16 (2) COVERED ENERGY PROJECT.— 

17 (A) IN GENERAL.—The term ‘‘covered en18 ergy project’’ means— 

19 (i) the leasing of Federal land for the 

20 exploration, development, production, proc21 essing, or transmission of oil, natural gas, 

22 wind, or any other source of energy; and 

23 (ii) any action under the lease. 

24 (B) EXCLUSION.—The term ‘‘covered en25 ergy project’’ does not include any dispute beVerDate Sep 11 2014 04:20 Mar 25, 2015 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S791.IS S791

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1 tween the parties to a lease regarding the obli2 gations under the lease, including any alleged 

3 breach of the lease. 

4 SEC. 4072. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS 

5 RELATING TO COVERED ENERGY PROJECTS. 

6 Venue for any covered civil action shall lie in the 

7 United States district court in which the covered energy 

8 project or lease exists or is proposed. 

9 SEC. 4073. TIMELY FILING. 

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

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

12 period beginning on the date of the final Federal agency 

13 action to which the covered civil action relates. 

14 SEC. 4074. EXPEDITION IN HEARING AND DETERMINING 

15 THE ACTION. 

16 The court shall endeavor to hear and determine any 

17 covered civil action as expeditiously as practicable. 

18 SEC. 4075. LIMITATION ON INJUNCTION AND PROSPECTIVE 

19 RELIEF. 

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

21 shall not grant or approve any prospective relief unless 

22 the court finds that the relief— 

23 (1) is narrowly drawn; 

24 (2) extends no further than necessary to correct 

25 the violation of a legal requirement; and 


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1 (3) is the least intrusive means necessary to 

2 correct the violation. 

3 (b) DURATION.— 

4 (1) IN GENERAL.—A court shall limit the dura5 tion of preliminary injunctions to halt covered en6 ergy projects to not more than 60 days, unless the 

7 court finds clear reasons to extend the injunction. 

8 (2) ADMINISTRATION.—In the case of an exten9 sion, the extension shall— 

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

11 (B) require action by the court to renew 

12 the injunction. 

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

14 COSTS. 

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

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

17 ‘‘Equal Access to Justice Act’’), shall not apply to a cov18 ered civil action. 

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

20 shall not receive payment from the Federal Government 

21 for the attorneys’ fees, expenses, or other court costs in22 curred by the party. 

23 SEC. 4077. LEGAL STANDING. 

24 A challenger that files an appeal with the Department 

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


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1 standing requirements as a challenger before a United 

2 States district court. 

3 TITLE V—ADDITIONAL ONSHORE 

4 RESOURCES 

5 Subtitle A—Leasing Program for 

6 Land Within Coastal Plain 

7 SEC. 5001. FINDING. 

8 Congress finds that development of energy reserves 

9 under the Coastal Plain of Alaska, performed in an envi10 ronmentally responsible manner, will contribute to job 

11 growth and economic development. 

12 SEC. 5002. DEFINITIONS. 

13 In this subtitle: 

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

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

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

17 (2) PEER REVIEWED.—The term ‘‘peer re18 viewed’’ means reviewed— 

19 (A) by individuals chosen by the National 

20 Academy of Sciences with no contractual rela21 tionship with, or those who have no application 

22 for a grant or other funding pending with, the 

23 Federal agency with leasing jurisdiction; or 

24 (B) if individuals described in subpara25 graph (A) are not available, by the top individVerDate Sep 11 2014 04:20 Mar 25, 2015 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S791.IS S791

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1 uals in the specified biological fields, as deter2 mined by the National Academy of Sciences. 

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

4 the Secretary of the Interior. 

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

6 PLAIN. 

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

8 (1) establish and implement, in accordance with 

9 this subtitle and acting through the Director of the 

10 Bureau of Land Management in consultation with 

11 the Director of the United States Fish and Wildlife 

12 Service, a competitive oil and gas leasing program 

13 that will result in the exploration, development, and 

14 production of the oil and gas resources of the Coast15 al Plain; and 

16 (2) administer the provisions of this subtitle 

17 through regulations, lease terms, conditions, restric18 tions, prohibitions, stipulations, and other provisions 

19 that ensure the oil and gas exploration, development, 

20 and production activities on the Coastal Plain do not 

21 result in any significant adverse effect on fish and 

22 wildlife, the habitat of fish and wildlife, subsistence 

23 resources, or the environment, including, in further24 ance of this goal, by requiring the application of the 

25 best commercially available technology for oil and 


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1 gas exploration, development, and production to all 

2 exploration, development, and production operations 

3 under this subtitle in a manner that ensures the re4 ceipt of fair market value by the public for the min5 eral resources to be leased. 

6 (b) REPEAL OF EXISTING RESTRICTION.— 

7 (1) REPEAL.—Section 1003 of the Alaska Na8 tional Interest Lands Conservation Act (16 U.S.C. 

9 3143) is repealed. 

10 (2) CONFORMING AMENDMENT.—The table of 

11 contents contained in section 1 of that Act (16 

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

13 relating to section 1003. 

14 (c) COMPLIANCE WITH REQUIREMENTS UNDER CER15 TAIN OTHER LAWS.— 

16 (1) COMPATIBILITY.—For purposes of the Na17 tional Wildlife Refuge System Administration Act of 

18 1966 (16 U.S.C. 668dd et seq.), the oil and gas 

19 leasing program and activities authorized by this 

20 section on the Coastal Plain are deemed to be com21 patible with the purposes for which the Arctic Na22 tional Wildlife Refuge was established, and no fur23 ther findings or decisions are required to implement 

24 this determination. 


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1 (2) ADEQUACY OF THE DEPARTMENT OF THE

2 INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT

3 STATEMENT.—The document of the Department of 

4 the Interior entitled ‘‘Final Legislative Environ5 mental Impact Statement’’ and dated April 1987 re6 lating to the Coastal Plain prepared pursuant to sec7 tion 1002 of the Alaska National Interest Lands 

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

9 102(2)(C) of the National Environmental Policy Act 

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

11 the requirements under the National Environmental 

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

13 apply with respect to prelease activities under this 

14 subtitle, including actions authorized to be taken by 

15 the Secretary to develop and promulgate regulations 

16 for the establishment of a leasing program author17 ized by this subtitle before the conduct of the first 

18 lease sale. 

19 (3) COMPLIANCE WITH NEPA FOR OTHER AC20 TIONS.— 

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

22 first lease sale under this subtitle, the Secretary 

23 shall prepare an environmental impact state24 ment under the National Environmental Policy 

25 Act of 1969 (42 U.S.C. 4321 et seq.) with reVerDate Sep 11 2014 04:20 Mar 25, 2015 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S791.IS S791

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1 spect to the actions authorized by this subtitle 

2 not covered by paragraph (2). 

3 (B) NONLEASING ALTERNATIVES NOT RE4 QUIRED.—Notwithstanding any other provision 

5 of law, in preparing the environmental impact 

6 statement under subparagraph (A), the Sec7 retary— 

8 (i) shall— 

9 (I) only identify a preferred ac10 tion for leasing and a single leasing 

11 alternative; and 

12 (II) analyze the environmental ef13 fects and potential mitigation meas14 ures for those 2 alternatives; and 

15 (ii) is not required— 

16 (I) to identify nonleasing alter17 native courses of action; or 

18 (II) to analyze the environmental 

19 effects of nonleasing alternative 

20 courses of action. 

21 (C) DEADLINE.—The identification under 

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

23 conducted under this subtitle shall be completed 

24 not later than 18 months after the date of en25 actment of this Act. 


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1 (D) PUBLIC COMMENT.—The Secretary 

2 shall only consider public comments that— 

3 (i) specifically address the preferred 

4 action of the Secretary; and 

5 (ii) are filed not later than 20 days 

6 after the date on which the environmental 

7 analysis is published. 

8 (E) COMPLIANCE.—Notwithstanding any 

9 other provision of law, compliance with this 

10 paragraph is deemed to satisfy all requirements 

11 for the analysis and consideration of the envi12 ronmental effects of proposed leasing under this 

13 subtitle. 

14 (d) RELATIONSHIP TO STATE AND LOCAL AUTHOR15 ITY.—Nothing in this subtitle expands or limits State or 

16 local regulatory authority. 

17 (e) SPECIAL AREAS.— 

18 (1) IN GENERAL.—The Secretary, after con19 sultation with the State of Alaska, the city of 

20 Kaktovik and the North Slope Borough of the State 

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

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

23 Secretary determines that the area is of such unique 

24 character and interest so as to require special man25 agement and regulatory protection. 


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1 (2) SADLEROCHIT SPRING AREA.—The Sec2 retary shall designate the Sadlerochit Spring area, 

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

4 Area. 

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

6 managed to protect and preserve the unique and di7 verse character of the area, including the fish, wild8 life, and subsistence resource values of the area. 

9 (4) EXCLUSION FROM LEASING OR SURFACE

10 OCCUPANCY.— 

11 (A) IN GENERAL.—The Secretary may ex12 clude any Special Area from leasing. 

13 (B) NO SURFACE OCCUPANCY.—If the Sec14 retary leases a Special Area, or any part of a 

15 Special Area, for oil and gas exploration, devel16 opment, production, or related activities, there 

17 shall be no surface occupancy of the land com18 prising the Special Area. 

19 (5) DIRECTIONAL DRILLING.—Notwithstanding 

20 the other provisions of this subsection, the Secretary 

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

22 terms that permit the use of horizontal drilling tech23 nology from sites on leased tracts located outside the 

24 Special Area. 


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

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

3 and gas leasing, exploration, development, or production 

4 shall be limited to the authority provided under this sub5 title. 

6 (g) REGULATIONS.— 

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

8 after the date of enactment of this Act, the Sec9 retary shall promulgate regulations necessary to 

10 carry out this subtitle, including regulations relating 

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

12 and wildlife, subsistence resources, and environment 

13 of the Coastal Plain. 

14 (2) REVISION OF REGULATIONS.—The Sec15 retary shall, through a rulemaking conducted in ac16 cordance with section 553 of title 5, United States 

17 Code, periodically review and, if appropriate, revise 

18 the regulations promulgated under paragraph (1) to 

19 reflect a preponderance of the best available sci20 entific evidence that has been peer reviewed and ob21 tained by following appropriate, documented sci22 entific procedures, the results of which can be re23 peated using those same procedures. 


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1 SEC. 5004. LEASE SALES. 

2 (a) IN GENERAL.—In accordance with the require3 ments of this subtitle, the Secretary may lease land under 

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

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

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

7 (b) PROCEDURES.—The Secretary shall, by regula8 tion and not later than 180 days after the date of enact9 ment of this Act, establish procedures for— 

10 (1) receipt and consideration of sealed nomina11 tions for any area of the Coastal Plain for inclusion 

12 in, or exclusion from, a lease sale; 

13 (2) the holding of lease sales after the nomina14 tion process; and 

15 (3) public notice of and comment on designa16 tion of areas to be included in, or excluded from, a 

17 lease sale. 

18 (c) LEASE SALE BIDS.—Lease sales under this sub19 title may be conducted through an Internet leasing pro20 gram, if the Secretary determines that the Internet leasing 

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

22 in the number of bidders participating, and higher returns 

23 than oral bidding or a sealed bidding system. 

24 (d) SALE ACREAGES AND SCHEDULE.—The Sec25 retary shall— 

26 (1) offer for lease under this subtitle— 


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1 (A) those tracts the Secretary considers to 

2 have the greatest potential for the discovery of 

3 hydrocarbons, taking into consideration nomi4 nations received under subsection (b)(1); and 

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

6 later than 22 months after the date of the en7 actment of this Act; and 

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

9 acres at 6-, 12-, and 18-month intervals fol10 lowing the initial offering under subclause (i); 

11 (2) conduct 4 additional lease sales under the 

12 same terms and schedule as the last lease sale under 

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

14 date of that sale, if sufficient interest in leasing ex15 ists to warrant, in the judgment of the Secretary, 

16 the conduct of the sales; and 

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

18 this subsection and issue leases resulting from the 

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

20 the sale is completed. 

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

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

23 highest responsible qualified bidder in a lease sale con24 ducted under section 5004 any land to be leased on the 


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1 Coastal Plain upon payment by the bidder of any bonus 

2 as may be accepted by the Secretary. 

3 (b) SUBSEQUENT TRANSFERS.—No lease issued 

4 under this subtitle may be sold, exchanged, assigned, sub5 let, or otherwise transferred except with the approval of 

6 the Secretary after the Secretary consults with, and gives 

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

8 SEC. 5006. LEASE TERMS AND CONDITIONS. 

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

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

11 less than 12.5 percent in amount or value of the 

12 production removed or sold under the lease, as de13 termined by the Secretary under the regulations ap14 plicable to other Federal oil and gas leases; 

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

16 seasonal basis, portions of the Coastal Plain to ex17 ploratory drilling activities as necessary to protect 

18 caribou calving areas and other species of fish and 

19 wildlife based on a preponderance of the best avail20 able scientific evidence that has been peer reviewed 

21 and obtained by following appropriate, documented 

22 scientific procedures, the results of which can be re23 peated using those same procedures; 

24 (3) require that the lessee of land on the Coast25 al Plain shall be fully responsible and liable for the 


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1 reclamation of land on the Coastal Plain and any 

2 other Federal land that is adversely affected in con3 nection with exploration, development, production, or 

4 transportation activities conducted under the lease 

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

6 the subcontractors or agents of the lessee; 

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

8 convey, by contract or otherwise, the reclamation re9 sponsibility and liability to another person without 

10 the express written approval of the Secretary; 

11 (5) provide that the standard of reclamation for 

12 land required to be reclaimed under this subtitle 

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

14 of supporting the uses which the land was capable 

15 of supporting prior to any exploration, development, 

16 or production activities, or upon application by the 

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

18 Secretary; 

19 (6) contain terms and conditions relating to 

20 protection of fish and wildlife, the habitat of fish 

21 and wildlife, subsistence resources, and the environ22 ment as required under section 5003(a)(2); 

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

24 and contractors of the lessee use best efforts to pro25 vide a fair share, as determined by the level of obliVerDate Sep 11 2014 04:20 Mar 25, 2015 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S791.IS S791

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1 gation previously agreed to in the 1974 agreement 

2 implementing section 29 of the Federal Agreement 

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

4 Trans-Alaska Pipeline, of employment and con5 tracting for Alaska Natives and Alaska Native cor6 porations from throughout the State; and 

7 (8) contain such other provisions as the Sec8 retary determines necessary to ensure compliance 

9 with this subtitle and the regulations issued pursu10 ant to this subtitle. 

11 SEC. 5007. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 

12 (a) NO SIGNIFICANT ADVERSE EFFECT STANDARD

13 TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 

14 The Secretary shall, consistent with the requirements of 

15 section 5003, administer this subtitle through regulations, 

16 lease terms, conditions, restrictions, prohibitions, stipula17 tions, and other provisions that— 

18 (1) ensure the oil and gas exploration, develop19 ment, and production activities on the Coastal Plain 

20 shall not result in any significant adverse effect on 

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

22 the environment; 

23 (2) require the application of the best commer24 cially available technology for oil and gas explo25 ration, development, and production on all new exVerDate Sep 11 2014 04:20 Mar 25, 2015 Jkt 049200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S791.IS S791

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1 ploration, development, and production operations; 

2 and 

3 (3) ensure that the maximum amount of sur4 face acreage covered by production and support fa5 cilities, including airstrips and any areas covered by 

6 gravel berms or piers for support of pipelines, does 

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

8 each 100,000 acres of area leased. 

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

10 With respect to any proposed drilling and related activi11 ties, the Secretary shall require that— 

12 (1) a site-specific analysis be made of the prob13 able effects, if any, that the drilling or related activi14 ties will have on fish and wildlife, the habitat of fish 

15 and wildlife, subsistence resources, and the environ16 ment; 

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

18 and mitigate (in that order and to the extent prac19 ticable) any significant adverse effect identified 

20 under paragraph (1); and 

21 (3) the development of the plan shall occur 

22 after consultation with the agency or agencies hav23 ing jurisdiction over matters mitigated by the plan. 

24 (c) REGULATIONS TO PROTECT COASTAL PLAIN

25 FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 


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1 AND THE ENVIRONMENT.—Prior to implementing the 

2 leasing program authorized by this subtitle, the Secretary 

3 shall prepare and promulgate regulations, lease terms, 

4 conditions, restrictions, prohibitions, stipulations, and 

5 other measures designed to ensure that the activities un6 dertaken on the Coastal Plain under this subtitle are con7 ducted in a manner consistent with the purposes and envi8 ronmental requirements of this subtitle. 

9 (d) COMPLIANCE WITH FEDERAL AND STATE ENVI10 RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 

11 proposed regulations, lease terms, conditions, restrictions, 

12 prohibitions, and stipulations for the leasing program 

13 under this subtitle shall require compliance with all appli14 cable provisions of Federal and State environmental law 

15 and compliance with the following: 

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

17 and environmental mitigation measures set forth in 

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

19 document of the Department of the Interior entitled 

20 ‘‘Final Legislative Environmental Impact State21 ment’’ and dated April 1987 relating to the Coastal 

22 Plain. 

23 (2) Seasonal limitations on exploration, develop24 ment, and related activities, where necessary, to 

25 avoid significant adverse effects during periods of 


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1 concentrated fish and wildlife breeding, denning, 

2 nesting, spawning, and migration based on a prepon3 derance of the best available scientific evidence that 

4 has been peer reviewed and obtained by following 

5 appropriate, documented scientific procedures, the 

6 results of which can be repeated using those same 

7 procedures. 

8 (3) That exploration activities, except for sur9 face geological studies— 

10 (A) be limited to the period between ap11 proximately November 1 and May 1 each year; 

12 and 

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

14 roads, winter trails with adequate snow cover, 

15 ice pads, ice airstrips, and air transport meth16 ods, except that exploration activities may occur 

17 at other times if the Secretary finds that the 

18 exploration will have no significant adverse ef19 fect on the fish and wildlife, the habitat of fish 

20 and wildlife, and the environment of the Coastal 

21 Plain. 

22 (4) Design safety and construction standards 

23 for all pipelines and any access and service roads, 

24 that minimize, to the maximum extent practicable, 

25 adverse effects on— 


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1 (A) the passage of migratory species such 

2 as caribou; and 

3 (B) the flow of surface water by requiring 

4 the use of culverts, bridges, and other struc5 tural devices. 

6 (5) Prohibitions on general public access and 

7 use on all pipeline access and service roads. 

8 (6) Stringent reclamation and rehabilitation re9 quirements, consistent with the standards set forth 

10 in this subtitle, requiring the removal from the 

11 Coastal Plain of all oil and gas development and 

12 production facilities, structures, and equipment upon 

13 completion of oil and gas production operations, ex14 cept that the Secretary may exempt from the re15 quirements of this paragraph those facilities, struc16 tures, or equipment that the Secretary determines 

17 would assist in the management of the Arctic Na18 tional Wildlife Refuge and that are donated to the 

19 United States for that purpose. 

20 (7) Appropriate prohibitions or restrictions on 

21 access by all modes of transportation. 

22 (8) Appropriate prohibitions or restrictions on 

23 sand and gravel extraction. 

24 (9) Consolidation of facility siting. 


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1 (10) Appropriate prohibitions or restrictions on 

2 the use of explosives. 

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

4 springs, streams, and river systems, the protection 

5 of natural surface drainage patterns, wetlands, and 

6 riparian habitats, and the regulation of methods or 

7 techniques for developing or transporting adequate 

8 supplies of water for exploratory drilling. 

9 (12) Avoidance or minimization of air traffic-re10 lated disturbance to fish and wildlife. 

11 (13) Treatment and disposal of hazardous and 

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

13 muds and cuttings, and domestic wastewater, includ14 ing an annual waste management report, a haz15 ardous materials tracking system, and a prohibition 

16 on chlorinated solvents, in accordance with applica17 ble Federal and State environmental law (including 

18 regulations). 

19 (14) Fuel storage and oil spill contingency plan20 ning. 

21 (15) Research, monitoring, and reporting re22 quirements. 

23 (16) Field crew environmental briefings. 


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1 (17) Avoidance of significant adverse effects 

2 upon subsistence hunting, fishing, and trapping by 

3 subsistence users. 

4 (18) Compliance with applicable air and water 

5 quality standards. 

6 (19) Appropriate seasonal and safety zone des7 ignations around well sites, within which subsistence 

8 hunting and trapping shall be limited. 

9 (20) Reasonable stipulations for protection of 

10 cultural and archeological resources. 

11 (21) All other protective environmental stipula12 tions, restrictions, terms, and conditions determined 

13 necessary by the Secretary. 

14 (e) CONSIDERATIONS.—In preparing and promul15 gating regulations, lease terms, conditions, restrictions, 

16 prohibitions, and stipulations under this section, the Sec17 retary shall consider— 

18 (1) the stipulations and conditions that govern 

19 the National Petroleum Reserve-Alaska leasing pro20 gram, as set forth in the 1999 Northeast National 

21 Petroleum Reserve-Alaska Final Integrated Activity 

22 Plan/Environmental Impact Statement; 

23 (2) the environmental protection standards that 

24 governed the initial Coastal Plain seismic exploration 


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1 program under parts 37.31 to 37.33 of title 50, 

2 Code of Federal Regulations; and 

3 (3) the land use stipulations for exploratory 

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

5 forth in appendix 2 of the August 9, 1983, agree6 ment between Arctic Slope Regional Corporation and 

7 the United States. 

8 (f) FACILITY CONSOLIDATION PLANNING.— 

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

10 providing for public notice and comment, prepare 

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

12 direct the siting and construction of facilities for the 

13 exploration, development, production, and transpor14 tation of Coastal Plain oil and gas resources. 

15 (2) OBJECTIVES.—The plan shall have the fol16 lowing objectives: 

17 (A) Avoiding unnecessary duplication of fa18 cilities and activities. 

19 (B) Encouraging consolidation of common 

20 facilities and activities. 

21 (C) Locating or confining facilities and ac22 tivities to areas that will minimize impact on 

23 fish and wildlife, the habitat of fish and wildlife, 

24 and the environment. 


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1 (D) Using existing facilities wherever prac2 ticable. 

3 (E) Enhancing compatibility between wild4 life values and development activities. 

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

6 shall— 

7 (1) manage public land in the Coastal Plain 

8 subject to section 811 of the Alaska National Inter9 est Lands Conservation Act (16 U.S.C. 3121); and 

10 (2) ensure that local residents shall have rea11 sonable access to public land in the Coastal Plain for 

12 traditional uses. 

13 SEC. 5008. EXPEDITED JUDICIAL REVIEW. 

14 (a) FILING OF COMPLAINT.— 

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

16 complaint seeking judicial review of— 

17 (A) any provision of this subtitle shall be 

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

19 enactment of this Act; or 

20 (B) any action of the Secretary under this 

21 subtitle shall be filed— 

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

23 during the 90-day period beginning on the 

24 date on which the action is challenged; or 


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1 (ii) in the case of a complaint based 

2 solely on grounds arising after the period 

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

4 days after the date on which the complain5 ant knew or reasonably should have known 

6 of the grounds for the complaint. 

7 (2) VENUE.—Any complaint seeking judicial re8 view of any provision of this subtitle or any action 

9 of the Secretary under this subtitle may be filed only 

10 in the United States Court of Appeals for the Dis11 trict of Columbia. 

12 (3) LIMITATION ON SCOPE OF CERTAIN RE13 VIEW.— 

14 (A) IN GENERAL.—Judicial review of a de15 cision by the Secretary to conduct a lease sale 

16 under this subtitle, including an environmental 

17 analysis, shall be— 

18 (i) limited to whether the Secretary 

19 has complied with this subtitle; and 

20 (ii) based on the administrative record 

21 of that decision. 

22 (B) PRESUMPTION.—The identification by 

23 the Secretary of a preferred course of action to 

24 enable leasing to proceed and the analysis by 

25 the Secretary of environmental effects under 


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1 this subtitle is presumed to be correct unless 

2 shown otherwise by clear and convincing evi3 dence. 

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

5 Secretary with respect to which review could have been 

6 obtained under this section shall not be subject to judicial 

7 review in any civil or criminal proceeding for enforcement. 

8 (c) LIMITATION ON ATTORNEYS’ FEES AND COURT

9 COSTS.— 

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

11 2412 of title 28, United States Code (commonly 

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

13 not apply to any action under this subtitle. 

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

15 under this subtitle shall not receive payment from 

16 the Federal Government for the attorneys’ fees, ex17 penses, or other court costs incurred by the party. 

18 SEC. 5009. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 

19 (a) IN GENERAL.—The Secretary shall issue rights20 of-way and easements across the Coastal Plain for the 

21 transportation of oil and gas produced under leases under 

22 this subtitle— 

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

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

25 185), without regard to title XI of the Alaska NaVerDate Sep 11 2014 04:20 Mar 25, 2015 Jkt 049200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S791.IS S791

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1 tional Interest Lands Conservation Act (16 U.S.C. 

2 3161 et seq.); and 

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

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

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

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

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

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

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

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

13 environment of the Coastal Plain, including requirements 

14 that facilities be sited or designed so as to avoid unneces15 sary duplication of roads and pipelines. 

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

17 regulations promulgated under section 5003(g) provisions 

18 granting rights-of-way and easements described in sub19 section (a). 

20 SEC. 5010. CONVEYANCE. 

21 In order to maximize Federal revenues by removing 

22 clouds on titles to land and clarifying land ownership pat23 terns on the Coastal Plain, and notwithstanding section 

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1 servation Act (16 U.S.C. 3192(h)(2)), the Secretary shall 

2 convey— 

3 (1) to the Kaktovik Inupiat Corporation, the 

4 surface estate of the land described in paragraph 1 

5 of Public Land Order 6959, to the extent necessary 

6 to fulfill the entitlement of the Kaktovik Inupiat 

7 Corporation under sections 12 and 14 of the Alaska 

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

9 1613) in accordance with the terms and conditions 

10 of the Agreement between the Department of the In11 terior, the United States Fish and Wildlife Service, 

12 the Bureau of Land Management, and the Kaktovik 

13 Inupiat Corporation dated January 22, 1993; and 

14 (2) to the Arctic Slope Regional Corporation 

15 the remaining subsurface estate to which the Arctic 

16 Slope Regional Corporation is entitled pursuant to 

17 the August 9, 1983, agreement between the Arctic 

18 Slope Regional Corporation and the United States of 

19 America. 

20 Subtitle B—Native American 

21 Energy 

22 SEC. 5021. FINDINGS. 

23 Congress finds that— 


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1 (1) the Federal Government has unreasonably 

2 interfered with the efforts of Indian tribes to develop 

3 energy resources on tribal land; and 

4 (2) Indian tribes should have the opportunity to 

5 gain the benefits of the jobs, investment, and eco6 nomic development to be gained from energy devel7 opment. 

8 SEC. 5022. APPRAISALS. 

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

10 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add11 ing at the end the following: 

12 ‘‘SEC. 2607. APPRAISAL REFORMS. 

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

14 a transaction involving Indian land or the trust assets of 

15 an Indian tribe that requires the approval of the Sec16 retary, any appraisal or other estimates of value relating 

17 to fair market value required to be conducted under appli18 cable law, regulation, or policy may be completed by— 

19 ‘‘(1) the Secretary; 

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

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

22 to a contract with the Indian tribe. 

23 ‘‘(b) TIME LIMIT ON SECRETARIAL REVIEW AND AC24 TION.—Not later than 30 days after the date on which 

25 the Secretary receives an appraisal conducted by or for 


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1 an Indian tribe pursuant to paragraphs (2) or (3) of sub2 section (a), the Secretary shall— 

3 ‘‘(1) review the appraisal; and 

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

5 of approval or disapproval of the appraisal. 

6 ‘‘(c) FAILURE OF SECRETARY TO APPROVE OR DIS7 APPROVE.—If the Secretary has failed to approve or dis8 approve any appraisal by the date that is 60 days after 

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

10 shall be deemed approved. 

11 ‘‘(d) OPTION OF INDIAN TRIBES TO WAIVE AP12 PRAISAL.—An Indian tribe may waive the requirements of 

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

14 a written resolution, statement, or other unambiguous in15 dication of tribal intent to waive the requirements that— 

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

17 the Indian tribe; and 

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

19 tribe of any claims for damages the Indian tribe 

20 might have against the United States as a result of 

21 the waiver. 

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

23 regulations to implement this section, including standards 

24 the Secretary shall use for approving or disapproving an 

25 appraisal under subsection (b).’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents of the Energy Policy Act of 1992 (42 U.S.C. 13201 

3 note) is amended by adding at the end of the items relat4 ing to title XXVI the following: 

‘‘Sec. 2607. Appraisal reforms.’’. 

5 SEC. 5023. STANDARDIZATION. 

6 As soon as practicable after the date of enactment 

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

8 procedures to ensure that each agency within the Depart9 ment of the Interior that is involved in the review, ap10 proval, and oversight of oil and gas activities on Indian 

11 land shall use a uniform system of reference numbers and 

12 tracking systems for oil and gas wells. 

13 SEC. 5024. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL 

14 ACTIONS ON INDIAN LAND. 

15 Section 102 of the National Environmental Policy 

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

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

18 inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Con19 gress authorizes’’; and 

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

21 ‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON IN22 DIAN LAND.— 

23 ‘‘(1) DEFINITIONS OF INDIAN LAND AND IN24 DIAN TRIBE.—In this subsection, the terms ‘Indian 

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


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1 those terms in section 2601 of the Energy Policy 

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

3 ‘‘(2) IN GENERAL.—For any major Federal ac4 tion on Indian land of an Indian tribe requiring the 

5 preparation of a statement under subsection 

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

7 review and comment by— 

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

9 ‘‘(B) any other individual residing within 

10 the affected area. 

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

12 Council on Environmental Quality, in consultation 

13 with Indian tribes, shall develop regulations to im14 plement this section, including descriptions of af15 fected areas for specific major Federal actions.’’. 

16 SEC. 5025. JUDICIAL REVIEW. 

17 (a) DEFINITIONS.—In this section: 

18 (1) AGENCY ACTION.—The term ‘‘agency ac19 tion’’ has the meaning given the term in section 551 

20 of title 5, United States Code. 

21 (2) ENERGY-RELATED ACTION.—The term ‘‘en22 ergy-related action’’ means a civil action that— 

23 (A) is filed on or after the date of enact24 ment of this Act; and 


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1 (B) seeks judicial review of a final agency 

2 action relating to the issuance of a permit, li3 cense, or other form of agency permission allow4 ing— 

5 (i) any person or entity to conduct on 

6 Indian land activities involving the explo7 ration, development, production, or trans8 portation of oil, gas, coal, shale gas, oil 

9 shale, geothermal resources, wind or solar 

10 resources, underground coal gasification, 

11 biomass, or the generation of electricity; or 

12 (ii) any Indian tribe, or any organiza13 tion of 2 or more entities, not less than 1 

14 of which is an Indian tribe, to conduct ac15 tivities involving the exploration, develop16 ment, production, or transportation of oil, 

17 gas, coal, shale gas, oil shale, geothermal 

18 resources, wind or solar resources, under19 ground coal gasification, biomass, or the 

20 generation of electricity, regardless of 

21 where such activities are undertaken. 

22 (3) INDIAN LAND.— 

23 (A) IN GENERAL.—The term ‘‘Indian 

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1 tion 2601 of the Energy Policy Act of 1992 (25 

2 U.S.C. 3501). 

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

4 includes land owned by a Native Corporation 

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

6 Alaska Native Claims Settlement Act (43 

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

8 et seq.). 

9 (4) ULTIMATELY PREVAIL.— 

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

11 prevail’’ means, in a final enforceable judgment 

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

13 least 1 civil claim that is an underlying ration14 ale for the preliminary injunction, administra15 tive stay, or other relief requested by the party. 

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

17 prevail’’ does not include circumstances in 

18 which the final agency action is modified or 

19 amended by the issuing agency unless the modi20 fication or amendment is required pursuant to 

21 a final enforceable judgment of the court or a 

22 court-ordered consent decree. 

23 (b) TIME FOR FILING COMPLAINT.— 

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

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


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1 period beginning on the date of the action or deci2 sion by a Federal official that constitutes the cov3 ered energy project concerned. 

4 (2) PROHIBITION.—Any energy related action 

5 that is not filed within the time period described in 

6 paragraph (1) shall be barred. 

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

8 energy related action— 

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

10 District Court for the District of Columbia; and 

11 (2) shall be resolved as expeditiously as pos12 sible, and in any event not more than 180 days after 

13 the energy related action is filed. 

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

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

16 energy related action— 

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

18 of Appeals for the District of Columbia Circuit; and 

19 (2) if the court described in paragraph (1) un20 dertakes the review, the court shall resolve the re21 view as expeditiously as possible, and in any event 

22 by not later than 180 days after the interlocutory 

23 order or final judgment, decree or order of the dis24 trict court was issued. 


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1 (e) LIMITATION ON CERTAIN PAYMENTS.—Notwith2 standing section 1304 of title 31, United States Code, no 

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

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

5 States Code, and no amounts may be obligated or ex6 pended from the Claims and Judgment Fund of the 

7 United States Treasury to pay any fees or other expenses 

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

9 related action. 

10 (f) LIMITATION ON ATTORNEYS’ FEES AND COURT

11 COSTS.— 

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

13 2412 of title 28, United States Code (commonly 

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

15 not apply to an energy related action. 

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

17 action shall not receive payment from the Federal 

18 Government for the attorneys’ fees, expenses, or 

19 other court costs incurred by the party. 

20 SEC. 5026. TRIBAL RESOURCE MANAGEMENT PLANS. 

21 Unless otherwise explicitly exempted by Federal law 

22 enacted after the date of enactment of this Act, any activ23 ity conducted or resources harvested or produced pursuant 

24 to a tribal resource management plan or an integrated re25 source management plan approved by the Secretary of the 


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1 Interior under the National Indian Forest Resources Man2 agement Act (25 U.S.C. 3101 et seq.) or the American 

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

4 3701 et seq.), shall be considered a sustainable manage5 ment practice for purposes of any Federal standard, ben6 efit, or requirement that requires a demonstration of such 

7 sustainability. 

8 SEC. 5027. LEASES OF RESTRICTED LANDS FOR THE NAV9 AJO NATION. 

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

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

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

13 (1) by striking ‘‘, except a lease for’’ and insert14 ing ‘‘, including leases for’’; 

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

16 except’’ and all that follows through ‘‘; and’’ and in17 serting ‘‘99 years;’’; 

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

19 and inserting ‘‘; and’’; and 

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

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

22 development, or extraction of mineral resources, in23 cluding geothermal resources, 25 years, except that 

24 the lease may include an option to renew for 1 addi25 tional term not to exceed 25 years.’’. 


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1 SEC. 5028. NONAPPLICABILITY OF CERTAIN RULES. 

2 No rule promulgated by the Secretary of the Interior 

3 regarding hydraulic fracturing used in the development or 

4 production of oil or gas resources shall affect any land 

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

6 except with the express consent of the beneficiary on be7 half of which the land is held in trust or restricted status. 

8 Subtitle C—Additional Regulatory 

9 Provisions 

10 PART I—STATE AUTHORITY OVER HYDRAULIC 

11 FRACTURING 

12 SEC. 5031. FINDING. 

13 Congress finds that given variations in geology, land 

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

15 the process of hydraulic fracturing occurring on any land 

16 within the boundaries of the individual State. 

17 SEC. 5032. STATE AUTHORITY. 

18 (a) DEFINITION OF FEDERAL LAND.—In this sec19 tion, the term ‘‘Federal land’’ means— 

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

21 the Federal Land Policy and Management Act of 

22 1976 (43 U.S.C. 1702)); 

23 (2) National Forest System land; 

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

25 Reclamation; and 


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

2 Engineers. 

3 (b) STATE AUTHORITY.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, a State shall have the sole author6 ity to promulgate or enforce any regulation, guid7 ance, or permit requirement regarding the treatment 

8 of a well by the application of fluids under pressure 

9 to which propping agents may be added for the ex10 pressly designed purpose of initiating or propagating 

11 fractures in a target geologic formation in order to 

12 enhance production of oil, natural gas, or geothermal 

13 production activities on or under any land within the 

14 boundaries of the State. 

15 (2) FEDERAL LAND.—Notwithstanding any 

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

17 application of fluids under pressure to which prop18 ping agents may be added for the expressly designed 

19 purpose of initiating or propagating fractures in a 

20 target geologic formation in order to enhance pro21 duction of oil, natural gas, or geothermal production 

22 activities on Federal land shall be subject to the law 

23 of the State in which the land is located. 


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1 PART II—MISCELLANEOUS PROVISIONS 

2 SEC. 5041. ENVIRONMENTAL LEGAL FEES. 

3 Section 504 of title 5, United States Code, is amend4 ed by adding at the end the following: 

5 ‘‘(g) ENVIRONMENTAL LEGAL FEES.—Notwith6 standing section 1304 of title 31, no award may be made 

7 under this section and no amounts may be obligated or 

8 expended from the Claims and Judgment Fund of the 

9 Treasury to pay any legal fees of a nongovernmental orga10 nization related to an action that (with respect to the 

11 United States)— 

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

13 or the production of— 

14 ‘‘(A) energy; 

15 ‘‘(B) a mineral resource; 

16 ‘‘(C) water by agricultural producers; 

17 ‘‘(D) a resource by commercial or rec18 reational fishermen; or 

19 ‘‘(E) grazing or timber production on Fed20 eral land; 

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

22 property owner; or 

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

24 SEC. 5042. MASTER LEASING PLANS. 

25 (a) IN GENERAL.—Notwithstanding any other provi26 sion of law, the Secretary of the Interior, acting through 


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1 the Bureau of Land Management, shall not establish a 

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

3 Secretary. 

4 (b) EXISTING MASTER LEASING PLANS.—Instruc5 tion Memorandum No. 2010–117 and any other master 

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

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

8 effect. 

9 TITLE VI—IMPROVING AMER10 ICA’S DOMESTIC REFINING 

11 CAPACITY 

12 Subtitle A—Refinery Permitting 

13 Reform 

14 SEC. 6001. FINDING. 

15 Congress finds that the domestic refining industry is 

16 an important source of jobs and economic growth and 

17 whose growth should not be limited by an excessively 

18 drawn out permitting and approval process. 

19 SEC. 6002. DEFINITIONS. 

20 In this subtitle: 

21 (1) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Environ23 mental Protection Agency. 


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

2 a physical change that results in an increase in the 

3 capacity of a refinery. 

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

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

6 Indian Self-Determination and Education Assistance 

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

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

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

10 authorization that a refiner is required to obtain— 

11 (A) under any Federal law; or 

12 (B) from a State or tribal government 

13 agency delegated authority by the Federal Gov14 ernment, or authorized under Federal law, to 

15 issue permits. 

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

17 person that— 

18 (A) owns or operates a refinery; or 

19 (B) seeks to become an owner or operator 

20 of a refinery. 

21 (6) REFINERY.— 

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

23 means— 


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1 (i) a facility at which crude oil is re2 fined into transportation fuel or other pe3 troleum products; and 

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

5 facility at which coal is processed into syn6 thetic crude oil or any other fuel. 

7 (B) INCLUSION.—The term ‘‘refinery’’ in8 cludes an expansion of a refinery. 

9 (7) REFINERY PERMITTING AGREEMENT.—The 

10 term ‘‘refinery permitting agreement’’ means an 

11 agreement entered into between the Administrator 

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

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

14 (A) a State; and 

15 (B) the District of Columbia. 

16 SEC. 6003. STREAMLINING OF REFINERY PERMITTING 

17 PROCESS. 

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

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

20 Administrator shall enter into a refinery permitting agree21 ment with the State or Indian tribe under which the proc22 ess for obtaining all permits necessary for the construction 

23 and operation of a refinery shall be streamlined using a 

24 systematic, interdisciplinary multimedia approach, as pro25 vided in this section. 


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1 (b) AUTHORITY OF ADMINISTRATOR.—Under a refin2 ery permitting agreement, the Administrator shall have 

3 the authority, as applicable and necessary— 

4 (1) to accept from a refiner a consolidated ap5 plication for all permits that the refiner is required 

6 to obtain to construct and operate a refinery; 

7 (2) in consultation and cooperation with each 

8 Federal, State, or tribal government agency that is 

9 required to make any determination to authorize the 

10 issuance of a permit, to establish a schedule under 

11 which each agency shall— 

12 (A) concurrently consider, to the maximum 

13 extent practicable, each determination to be 

14 made; and 

15 (B) complete each step in the permitting 

16 process; and 

17 (3) to issue a consolidated permit that combines 

18 all permits issued under the schedule established 

19 under paragraph (2). 

20 (c) REFINERY PERMITTING AGREEMENTS.—Under a 

21 refinery permitting agreement, a State or governing body 

22 of an Indian tribe shall agree that— 

23 (1) the Administrator shall have each of the au24 thorities described in subsection (b); and 


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1 (2) the State or tribal government agency 

2 shall— 

3 (A) in accordance with State law, make 

4 such structural and operational changes in the 

5 agencies as are necessary to enable the agencies 

6 to carry out consolidated, project-wide permit 

7 reviews concurrently and in coordination with 

8 the Environmental Protection Agency and other 

9 Federal agencies; and 

10 (B) comply, to the maximum extent prac11 ticable, with the applicable schedule established 

12 under subsection (b)(2). 

13 (d) DEADLINES.— 

14 (1) NEW REFINERIES.—In the case of a con15 solidated permit for the construction of a new refin16 ery, the Administrator and the State or governing 

17 body of an Indian tribe shall approve or disapprove 

18 the consolidated permit not later than— 

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

20 an administratively complete application for the 

21 consolidated permit; or 

22 (B) on agreement of the applicant, the Ad23 ministrator, and the State or governing body of 

24 the Indian tribe, 90 days after the expiration of 

25 the deadline described in subparagraph (A). 


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1 (2) EXPANSION OF EXISTING REFINERIES.—In 

2 the case of a consolidated permit for the expansion 

3 of an existing refinery, the Administrator and the 

4 State or governing body of an Indian tribe shall ap5 prove or disapprove the consolidated permit not later 

6 than— 

7 (A) 120 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, 30 days after the expiration of 

13 the deadline described in subparagraph (A). 

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

15 is required to make any determination to authorize the 

16 issuance of a permit shall comply with the applicable 

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

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

19 of a permit determination under a refinery permitting 

20 agreement shall be brought exclusively in the United 

21 States district court for the district in which the refinery 

22 is located or proposed to be located. 

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

24 the duplication of procedures, the Administrator shall use 

25 State permitting and monitoring procedures to satisfy 


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1 substantially equivalent Federal requirements under this 

2 subtitle. 

3 (h) SEVERABILITY.—If 1 or more permits that are 

4 required for the construction or operation of a refinery are 

5 not approved on or before an applicable deadline under 

6 subsection (d), the Administrator may issue a consolidated 

7 permit that combines all other permits that the refiner is 

8 required to obtain, other than any permits that are not 

9 approved. 

10 (i) CONSULTATION WITH LOCAL GOVERNMENTS.— 

11 The Administrator, States, and tribal governments shall 

12 consult, to the maximum extent practicable, with local gov13 ernments in carrying out this section. 

14 (j) EFFECT OF SECTION.—Nothing in this section af15 fects— 

16 (1) the operation or implementation of any oth17 erwise applicable law regarding permits necessary 

18 for the construction and operation of a refinery; 

19 (2) the authority of any unit of local govern20 ment with respect to the issuance of permits; or 

21 (3) any requirement or ordinance of a local gov22 ernment (such as a zoning regulation). 


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1 Subtitle B—Repeal of Renewable 

2 Fuel Standard 

3 SEC. 6011. FINDINGS. 

4 Congress finds that the mandates under the renew5 able fuel standard contained in section 211(o) of the Clean 

6 Air Act (42 U.S.C. 7545(o))— 

7 (1) impose significant costs on American citi8 zens and the American economy, without offering 

9 any benefit; and 

10 (2) should be repealed. 

11 SEC. 6012. PHASE OUT OF RENEWABLE FUEL STANDARD. 

12 (a) IN GENERAL.—Section 211(o) of the Clean Air 

13 Act (42 U.S.C. 7545(o)) is amended— 

14 (1) in paragraph (2)— 

15 (A) in subparagraph (A)— 

16 (i) by striking clause (ii); and 

17 (ii) by redesignating clauses (iii) and 

18 (iv) as clauses (ii) and (iii), respectively; 

19 and 

20 (B) in subparagraph (B), by striking 

21 clauses (ii) through (v) and inserting the fol22 lowing: 

23 ‘‘(ii) CALENDAR YEARS 2014 THROUGH

24 2019.—Notwithstanding clause (i), for pur25 poses of subparagraph (A), the applicable 


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1 volumes of renewable fuel for each of cal2 endar years 2014 through 2019 shall be 

3 determined as follows: 

4 ‘‘(I) For calendar years 2014 and 

5 2015, in accordance with the table en6 titled ‘I–2—Proposed 2014 Volume 

7 Requirements’ of the proposed rule 

8 published at pages 71732 through 

9 71784 of volume 78 of the Federal 

10 Register (November 29, 2013). 

11 ‘‘(II) For calendar year 2016, 

12 the applicable volumes established 

13 under subclause (I), reduced by 20 

14 percent. 

15 ‘‘(III) For calendar year 2017, 

16 the applicable volumes established 

17 under subclause (I), reduced by 40 

18 percent. 

19 ‘‘(IV) For calendar year 2018, 

20 the applicable volumes established 

21 under subclause (I), reduced by 60 

22 percent. 

23 ‘‘(V) For calendar year 2019, the 

24 applicable volumes established under 


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1 subclause (I), reduced by 80 per2 cent.’’; 

3 (2) in paragraph (3)— 

4 (A) by striking ‘‘2021’’ and inserting 

5 ‘‘2018’’ each place it appears; and 

6 (B) in subparagraph (B)(i), by inserting ‘‘, 

7 subject to the condition that the renewable fuel 

8 obligation determined for a calendar year is not 

9 more than the applicable volumes established 

10 under paragraph (2)(B)(ii)’’ before the period; 

11 and 

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

13 ‘‘(13) SUNSET.—The program established 

14 under this subsection shall terminate on December 

15 31, 2019.’’. 

16 (b) REGULATIONS.—Effective beginning on January 

17 1, 2020, the regulations contained in subparts K and M 

18 of part 80 of title 40, Code of Federal Regulations (as 

19 in effect on that date of enactment), shall have no force 

20 or effect. 

21 TITLE VII—STOPPING EPA 

22 OVERREACH 

23 SEC. 7001. FINDINGS. 

24 Congress finds that— 


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1 (1) the Environmental Protection Agency has 

2 exceeded its statutory authority by promulgating 

3 regulations that were not contemplated by Congress 

4 in the authorizing language of the statutes enacted 

5 by Congress; 

6 (2) no Federal agency has the authority to reg7 ulate greenhouse gases under current law; and 

8 (3) no attempt to regulate greenhouse gases 

9 should be undertaken without further Congressional 

10 action. 

11 SEC. 7002. CLARIFICATION OF FEDERAL REGULATORY AU12 THORITY TO EXCLUDE GREENHOUSE GASES 

13 FROM REGULATION UNDER THE CLEAN AIR 

14 ACT. 

15 (a) REPEAL OF FEDERAL CLIMATE CHANGE REGU16 LATION.— 

17 (1) GREENHOUSE GAS REGULATION UNDER

18 CLEAN AIR ACT.—Section 302(g) of the Clean Air 

19 Act (42 U.S.C. 7602(g)) is amended— 

20 (A) by striking ‘‘(g) The term’’ and insert21 ing the following: 

22 ‘‘(g) AIR POLLUTANT.— 

23 ‘‘(1) IN GENERAL.—The term’’; and 

24 (B) by adding at the end the following: 


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1 ‘‘(2) EXCLUSION.—The term ‘air pollutant’ 

2 does not include carbon dioxide, water vapor, meth3 ane, nitrous oxide, hydrofluorocarbons, 

4 perfluorocarbons, or sulfur hexafluoride.’’. 

5 (2) NO REGULATION OF CLIMATE CHANGE.— 

6 Notwithstanding any other provision of law, nothing 

7 in any of the following Acts or any other law author8 izes or requires the regulation of climate change or 

9 global warming: 

10 (A) The Clean Air Act (42 U.S.C. 7401 et 

11 seq.). 

12 (B) The Federal Water Pollution Control 

13 Act (33 U.S.C. 1251 et seq.). 

14 (C) The National Environmental Policy 

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

16 (D) The Endangered Species Act of 1973 

17 (16 U.S.C. 1531 et seq.). 

18 (E) The Solid Waste Disposal Act (42 

19 U.S.C. 6901 et seq.). 

20 (b) EFFECT ON PROPOSED RULES OF THE EPA.— 

21 In accordance with this section, the following proposed or 

22 contemplated rules (or any similar or successor rules) of 

23 the Environmental Protection Agency shall be void and 

24 have no force or effect: 


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1 (1) The proposed rule entitled ‘‘Standards of 

2 Performance for Greenhouse Gas Emissions From 

3 New Stationary Sources: Electric Utility Generating 

4 Units’’ (published at 79 Fed. Reg. 1430 (January 8, 

5 2014)). 

6 (2) The proposed rule entitled ‘‘Carbon Pollu7 tion Emission Guidelines for Existing Stationary 

8 Sources: Electric Utility Generating Units’’ (pub9 lished at 79 Fed. Reg. 34829 (June 18, 2014)). 

10 (3) Any other contemplated or proposed rules 

11 proposed to be issued pursuant to the purported au12 thority described in subsection (a)(2). 

13 SEC. 7003. CLARIFICATION OF AUTHORITY. 

14 (a) IN GENERAL.—Neither the Secretary of the 

15 Army, acting through the Chief of Engineers, nor the Ad16 ministrator of the Environmental Protection Agency 

17 shall— 

18 (1) finalize the proposed rule entitled ‘‘Defini19 tion of Waters of the United States Under the Clean 

20 Water Act’’ (79 Fed. Reg. 22188 (April 21, 2014)); 

21 or 

22 (2) use the proposed rule described in para23 graph (1), or any substantially similar proposed rule 

24 or guidance, as the basis for any rulemaking or any 

25 decision regarding the scope or enforcement of the 


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1 Federal Water Pollution Control Act (33 U.S.C. 

2 1251 et seq.). 

3 (b) RULES.—The use of the proposed rule described 

4 in subsection (a)(1), or any substantially similar proposed 

5 rule or guidance, as the basis for any rulemaking or any 

6 decision regarding the scope or enforcement of the Federal 

7 Water Pollution Control Act (33 U.S.C. 1251 et seq.) shall 

8 be grounds for vacation of the final rule, decision, or en9 forcement action. 

10 SEC. 7004. JOBS ANALYSIS FOR ALL EPA REGULATIONS. 

11 (a) IN GENERAL.—Before proposing or finalizing any 

12 regulation, rule, or policy, the Administrator of the Envi13 ronmental Protection Agency shall provide an analysis of 

14 the regulation, rule, or policy and describe the direct and 

15 indirect net and gross impact of the regulation, rule, or 

16 policy on employment in the United States. 

17 (b) LIMITATION.—No regulation, rule, or policy de18 scribed in subsection (a) shall take effect if the regulation, 

19 rule, or policy has a negative impact on employment in 

20 the United States unless the regulation, rule, or policy is 

21 approved by Congress and signed by the President. 

22 TITLE VIII—DEBT FREEDOM 

23 FUND 

24 SEC. 8001. FINDINGS. 

25 Congress finds that— 


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1 (1) the national debt being over 

2 $17,000,000,000,000 in 2014— 

3 (A) threatens the current and future pros4 perity of the United States; 

5 (B) undermines the national security inter6 ests of the United States; and 

7 (C) imposes a burden on future genera8 tions of United States citizens; and 

9 (2) revenue generated from the development of 

10 the natural resources in the United States should be 

11 used to reduce the national debt. 

12 SEC. 8002. DEBT FREEDOM FUND. 

13 Notwithstanding any other provision of law, in ac14 cordance with all revenue sharing arrangement with 

15 States in effect on the date of enactment of this Act, an 

16 amount equal to the additional amount of Federal funds 

17 generated by the programs and activities under this Act 

18 (and the amendments made by this Act)— 

19 (1) shall be deposited in a special trust fund ac20 count in the Treasury, to be known as the ‘‘Debt 

21 Freedom Fund’’; and 

22 (2) shall not be withdrawn for any purpose 

23 other than to pay down the national debt of the 


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1 United States, for which purpose payments shall be 

2 made expeditiously. 

Æ 


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