195 
to Congress a plan for approved rights-of-way for a plan 
for pipeline, road, and any other surface infrastructure 
that may be necessary infrastructure that will ensure that 
all leasable tracts in the Reserve are within 25 miles of 
an approved road and pipeline right-of-way that can serve 
future development of the Reserve. 
SEC. 4305. ISSUANCE OF A NEW INTEGRATED ACTIVITY 
PLAN AND ENVIRONMENTAL IMPACT STATE-
MENT. 
(a) ISSUANCE
OF
NEW
INTEGRATED
ACTIVITY 
PLAN.—The Secretary of the Interior shall, within 180 
days after the date of enactment of this Act, issue— 
(1) a new proposed integrated activity plan 
from among the non-adopted alternatives in the Na-
tional Petroleum Reserve Alaska Integrated Activity 
Plan Record of Decision issued by the Secretary of 
the Interior and dated February 21, 2013; and 
(2) an environmental impact statement under 
section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for 
issuance of oil and gas leases in the National Petro-
leum Reserve-Alaska to promote efficient and max-
imum development of oil and natural gas resources 
of such reserve. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
196 
(b) NULLIFICATION OF EXISTING RECORD OF DECI-
SION, IAP, AND EIS.—Except as provided in subsection 
(a), the National Petroleum Reserve-Alaska Integrated 
Activity Plan Record of Decision issued by the Secretary 
of the Interior and dated February 21, 2013, including 
the integrated activity plan and environmental impact 
statement referred to in that record of decision, shall have 
no force or effect. 
SEC. 4306. DEPARTMENTAL ACCOUNTABILITY FOR DEVEL-
OPMENT. 
The Secretary of the Interior shall issue regulations 
not later than 180 days after the date of enactment of 
this Act that establish clear requirements to ensure that 
the Department of the Interior is supporting development 
of oil and gas leases in the National Petroleum Reserve- 
Alaska. 
SEC. 4307. DEADLINES UNDER NEW PROPOSED INTE-
GRATED ACTIVITY PLAN. 
At a minimum, the new proposed integrated activity 
plan issued under section 4305(a)(1) shall— 
(1) require the Department of the Interior to 
respond within 5 business days to a person who sub-
mits an application for a permit for development of 
oil and natural gas leases in the National Petroleum 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
197 
Reserve-Alaska acknowledging receipt of such appli-
cation; and 
(2) establish a timeline for the processing of 
each such application, that— 
(A) specifies deadlines for decisions and 
actions on permit applications; and 
(B) provides that the period for issuing 
each permit after submission of such an appli-
cation shall not exceed 60 days without the con-
currence of the applicant. 
SEC. 4308. UPDATED RESOURCE ASSESSMENT. 
(a) IN GENERAL.—The Secretary of the Interior shall 
complete a comprehensive assessment of all technically re-
coverable fossil fuel resources within the National Petro-
leum Reserve in Alaska, including all conventional and un-
conventional oil and natural gas. 
(b) COOPERATION
AND CONSULTATION.—The re-
source assessment required by subsection (a) shall be car-
ried out by the United States Geological Survey in co-
operation and consultation with the State of Alaska and 
the American Association of Petroleum Geologists. 
(c) TIMING.—The resource assessment required by 
subsection (a) shall be completed within 24 months of the 
date of the enactment of this Act. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
198 
(d) FUNDING.—The United States Geological Survey 
may, in carrying out the duties under this section, coop-
eratively use resources and funds provided by the State 
of Alaska. 
Subtitle D—BLM Live Internet 
Auctions 
SEC. 4401. SHORT TITLE. 
This subtitle may be cited as the ‘‘BLM Live Internet 
Auctions Act’’. 
SEC. 4402. INTERNET-BASED ONSHORE OIL AND GAS LEASE 
SALES. 
(a) AUTHORIZATION.—Section 17(b)(1) of the Min-
eral Leasing Act (30 U.S.C. 226(b)(1)) is amended— 
(1) in subparagraph (A), in the third sentence, 
by inserting ‘‘, except as provided in subparagraph 
(C)’’ after ‘‘by oral bidding’’; and 
(2) by adding at the end the following: 
‘‘(C) In order to diversify and expand the Nation’s 
onshore leasing program to ensure the best return to the 
Federal taxpayer, reduce fraud, and secure the leasing 
process, the Secretary may conduct onshore lease sales 
through Internet-based bidding methods. Each individual 
Internet-based lease sale shall conclude within 7 days.’’. 
(b) REPORT.—Not later than 90 days after the tenth 
Internet-based lease sale conducted under the amendment 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
199 
made by subsection (a), the Secretary of the Interior shall 
analyze the first 10 such lease sales and report to Con-
gress the findings of the analysis. The report shall in-
clude— 
(1) estimates on increases or decreases in such 
lease sales, compared to sales conducted by oral bid-
ding, in— 
(A) the number of bidders; 
(B) the average amount of bid; 
(C) the highest amount bid; and 
(D) the lowest bid; 
(2) an estimate on the total cost or savings to 
the Department of the Interior as a result of such 
sales, compared to sales conducted by oral bidding; 
and 
(3) an evaluation of the demonstrated or ex-
pected effectiveness of different structures for lease 
sales which may provide an opportunity to better 
maximize bidder participation, ensure the highest re-
turn to the Federal taxpayers, minimize opportuni-
ties for fraud or collusion, and ensure the security 
and integrity of the leasing process. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
200 
Subtitle E—Native American 
Energy 
SEC. 4501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Native American 
Energy Act’’. 
SEC. 4502. APPRAISALS. 
(a) AMENDMENT.—Title XXVI of the Energy Policy 
Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 2607. APPRAISAL REFORMS. 
‘‘(a) OPTIONS TO INDIAN TRIBES.—With respect to 
a transaction involving Indian land or the trust assets of 
an Indian tribe that requires the approval of the Sec-
retary, any appraisal relating to fair market value required 
to be conducted under applicable law, regulation, or policy 
may be completed by— 
‘‘(1) the Secretary; 
‘‘(2) the affected Indian tribe; or 
‘‘(3) a certified, third-party appraiser pursuant 
to a contract with the Indian tribe. 
‘‘(b) TIME LIMIT ON SECRETARIAL REVIEW AND AC-
TION.—Not later than 30 days after the date on which 
the Secretary receives an appraisal conducted by or for 
an Indian tribe pursuant to paragraphs (2) or (3) of sub-
section (a), the Secretary shall— 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
201 
‘‘(1) review the appraisal; and 
‘‘(2) provide to the Indian tribe a written notice 
of approval or disapproval of the appraisal. 
‘‘(c) FAILURE OF SECRETARY TO APPROVE OR DIS-
APPROVE.—If, after 60 days, the Secretary has failed to 
approve or disapprove any appraisal received, the ap-
praisal shall be deemed approved. 
‘‘(d) OPTION
TO INDIAN TRIBES TO WAIVE AP-
PRAISAL.— 
‘‘(1) An Indian tribe wishing to waive the re-
quirements of subsection (a), may do so after it has 
satisfied the requirements of subsections (2) and (3) 
below. 
‘‘(2) An Indian tribe wishing to forego the ne-
cessity of a waiver pursuant to this section must 
provide to the Secretary a written resolution, state-
ment, or other unambiguous indication of tribal in-
tent, duly approved by the governing body of the In-
dian tribe. 
‘‘(3) The unambiguous indication of intent pro-
vided by the Indian tribe to the Secretary under 
paragraph (2) must include an express waiver by the 
Indian tribe of any claims for damages it might have 
against the United States as a result of the lack of 
an appraisal undertaken. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
202 
‘‘(e) DEFINITION.—For purposes of this section, the 
term ‘appraisal’ includes appraisals and other estimates 
of value. 
‘‘(f) REGULATIONS.—The Secretary shall develop 
regulations for implementing this section, including stand-
ards the Secretary shall use for approving or disapproving 
an appraisal.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Energy Policy Act of 1992 (42 U.S.C. 13201 
note) is amended by adding at the end of the items relat-
ing to title XXVI the following: 
‘‘Sec. 2607. Appraisal reforms.’’. 
SEC. 4503. STANDARDIZATION. 
As soon as practicable after the date of the enactment 
of this Act, the Secretary of the Interior shall implement 
procedures to ensure that each agency within the Depart-
ment of the Interior that is involved in the review, ap-
proval, and oversight of oil and gas activities on Indian 
lands shall use a uniform system of reference numbers and 
tracking systems for oil and gas wells. 
SEC. 4504. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL 
ACTIONS ON INDIAN LANDS. 
Section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332) is amended by inserting 
‘‘(a) IN GENERAL.—’’ before the first sentence, and by 
adding at the end the following: 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
203 
‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON IN-
DIAN LANDS.— 
‘‘(1) IN GENERAL.—For any major Federal ac-
tion on Indian lands of an Indian tribe requiring the 
preparation 
of 
a 
statement 
under 
subsection 
(a)(2)(C), the statement shall only be available for 
review and comment by the members of the Indian 
tribe and by any other individual residing within the 
affected area. 
‘‘(2) REGULATIONS.—The Chairman of the 
Council on Environmental Quality shall develop reg-
ulations to implement this section, including descrip-
tions of affected areas for specific major Federal ac-
tions, in consultation with Indian tribes. 
‘‘(3) DEFINITIONS.—In this subsection, each of 
the terms ‘Indian land’ and ‘Indian tribe’ has the 
meaning given that term in section 2601 of the En-
ergy Policy Act of 1992 (25 U.S.C. 3501). 
‘‘(4) CLARIFICATION OF AUTHORITY.—Nothing 
in the Native American Energy Act, except section 
5006 of that Act, shall give the Secretary any addi-
tional authority over energy projects on Alaska Na-
tive Claims Settlement Act lands.’’. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
204 
SEC. 4505. JUDICIAL REVIEW. 
(a) TIME FOR FILING COMPLAINT.—Any energy re-
lated action must be filed not later than the end of the 
60-day period beginning on the date of the final agency 
action. Any energy related action not filed within this time 
period shall be barred. 
(b) DISTRICT COURT VENUE AND DEADLINE.—All 
energy related actions— 
(1) shall be brought in the United States Dis-
trict Court for the District of Columbia; and 
(2) shall be resolved as expeditiously as pos-
sible, and in any event not more than 180 days after 
such cause of action is filed. 
(c) APPELLATE REVIEW.—An interlocutory order or 
final judgment, decree or order of the district court in an 
energy related action may be reviewed by the United 
States Court of Appeals for the District of Columbia Cir-
cuit. The District of Columbia Circuit Court of Appeals 
shall resolve such appeal as expeditiously as possible, and 
in any event not more than 180 days after such interlocu-
tory order or final judgment, decree or order of the district 
court was issued. 
(d) LIMITATION ON CERTAIN PAYMENTS.—Notwith-
standing section 1304 of title 31, United States Code, no 
award may be made under section 504 of title 5, United 
States Code, or under section 2412 of title 28, United 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
205 
States Code, and no amounts may be obligated or ex-
pended from the Claims and Judgment Fund of the 
United States Treasury to pay any fees or other expenses 
under such sections, to any person or party in an energy 
related action. 
(e) LEGAL FEES.—In any energy related action in 
which the plaintiff does not ultimately prevail, the court 
shall award to the defendant (including any intervenor- 
defendants), other than the United States, fees and other 
expenses incurred by that party in connection with the en-
ergy related action, unless the court finds that the position 
of the plaintiff was substantially justified or that special 
circumstances make an award unjust. Whether or not the 
position of the plaintiff was substantially justified shall be 
determined on the basis of the administrative record, as 
a whole, which is made in the energy related action for 
which fees and other expenses are sought. 
(f) DEFINITIONS.—For the purposes of this section, 
the following definitions apply: 
(1) AGENCY ACTION.—The term ‘‘agency ac-
tion’’ has the same meaning given such term in sec-
tion 551 of title 5, United States Code. 
(2) INDIAN LAND.—The term ‘‘Indian Land’’ 
has the same meaning given such term in section 
203(c)(3) of the Energy Policy Act of 2005 (Public 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
206 
Law 109–58; 25 U.S.C. 3501), including lands 
owned by Native Corporations under the Alaska Na-
tive Claims Settlement Act (Public Law 92–203; 43 
U.S.C. 1601). 
(3) ENERGY RELATED ACTION.—The term ‘‘en-
ergy related action’’ means a cause of action that— 
(A) is filed on or after the effective date of 
this Act; and 
(B) seeks judicial review of a final agency 
action to issue a permit, license, or other form 
of agency permission allowing— 
(i) any person or entity to conduct ac-
tivities on Indian Land, which activities in-
volve the exploration, development, produc-
tion or transportation of oil, gas, coal, 
shale gas, oil shale, geothermal resources, 
wind or solar resources, underground coal 
gasification, biomass, or the generation of 
electricity; or 
(ii) any Indian Tribe, or any organiza-
tion of 2 or more entities, at least 1 of 
which is an Indian tribe, to conduct activi-
ties involving the exploration, development, 
production or transportation of oil, gas, 
coal, shale gas, oil shale, geothermal re-
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
207 
sources, wind or solar resources, under-
ground coal gasification, biomass, or the 
generation of electricity, regardless of 
where such activities are undertaken. 
(4) ULTIMATELY
PREVAIL.—The term ‘‘ulti-
mately prevail’’ means, in a final enforceable judg-
ment, the court rules in the party’s favor on at least 
1 cause of action that is an underlying rationale for 
the preliminary injunction, administrative stay, or 
other relief requested by the party, and does not in-
clude circumstances where the final agency action is 
modified or amended by the issuing agency unless 
such modification or amendment is required pursu-
ant to a final enforceable judgment of the court or 
a court-ordered consent decree. 
SEC. 4506. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
The Tribal Forest Protection Act of 2004 is amended 
by inserting after section 2 (25 U.S.C. 3115a) the fol-
lowing: 
‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
‘‘(a) IN GENERAL.—For each of fiscal years 2015 
through 2019, the Secretary shall enter into stewardship 
contracts or other agreements, other than agreements that 
are exclusively direct service contracts, with Indian tribes 
to carry out demonstration projects to promote biomass 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
208 
energy production (including biofuel, heat, and electricity 
generation) on Indian forest land and in nearby commu-
nities by providing reliable supplies of woody biomass from 
Federal land. 
‘‘(b) DEFINITIONS.—The definitions in section 2 
shall apply to this section. 
‘‘(c) DEMONSTRATION PROJECTS.—In each fiscal 
year for which projects are authorized, the Secretary shall 
enter into contracts or other agreements described in sub-
section (a) to carry out at least 4 new demonstration 
projects that meet the eligibility criteria described in sub-
section (d). 
‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to enter 
into a contract or other agreement under this subsection, 
an Indian tribe shall submit to the Secretary an applica-
tion— 
‘‘(1) containing such information as the Sec-
retary may require; and 
‘‘(2) that includes a description of— 
‘‘(A) the Indian forest land or rangeland 
under the jurisdiction of the Indian tribe; and 
‘‘(B) the demonstration project proposed 
to be carried out by the Indian tribe. 
‘‘(e) SELECTION.—In evaluating the applications 
submitted under subsection (c), the Secretary— 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
209 
‘‘(1) shall take into consideration the factors set 
forth in paragraphs (1) and (2) of section 2(e) of 
Public Law 108–278; and whether a proposed dem-
onstration project would— 
‘‘(A) increase the availability or reliability 
of local or regional energy; 
‘‘(B) enhance the economic development of 
the Indian tribe; 
‘‘(C) improve the connection of electric 
power transmission facilities serving the Indian 
tribe with other electric transmission facilities; 
‘‘(D) improve the forest health or water-
sheds of Federal land or Indian forest land or 
rangeland; or 
‘‘(E) otherwise promote the use of woody 
biomass; and 
‘‘(2) shall exclude from consideration any mer-
chantable logs that have been identified by the Sec-
retary for commercial sale. 
‘‘(f) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) ensure that the criteria described in sub-
section (c) are publicly available by not later than 
120 days after the date of enactment of this section; 
and 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
210 
‘‘(2) to the maximum extent practicable, consult 
with Indian tribes and appropriate intertribal orga-
nizations likely to be affected in developing the ap-
plication and otherwise carrying out this section. 
‘‘(g) REPORT.—Not later than September 20, 2015, 
the Secretary shall submit to Congress a report that de-
scribes, with respect to the reporting period— 
‘‘(1) each individual tribal application received 
under this section; and 
‘‘(2) each contract and agreement entered into 
pursuant to this section. 
‘‘(h) INCORPORATION OF MANAGEMENT PLANS.—In 
carrying out a contract or agreement under this section, 
on receipt of a request from an Indian tribe, the Secretary 
shall incorporate into the contract or agreement, to the 
extent practicable, management plans (including forest 
management and integrated resource management plans) 
in effect on the Indian forest land or rangeland of the re-
spective Indian tribe. 
‘‘(i) TERM.—A stewardship contract or other agree-
ment entered into under this section— 
‘‘(1) shall be for a term of not more than 20 
years; and 
‘‘(2) may be renewed in accordance with this 
section for not more than an additional 10 years.’’. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
211 
SEC. 4507. TRIBAL RESOURCE MANAGEMENT PLANS. 
Unless otherwise explicitly exempted by Federal law 
enacted after the date of the enactment of this Act, any 
activity conducted or resources harvested or produced pur-
suant to a tribal resource management plan or an inte-
grated resource management plan approved by the Sec-
retary of the Interior under the National Indian Forest 
Resources Management Act (25 U.S.C. 3101 et seq.) or 
the American Indian Agricultural Resource Management 
Act (25 U.S.C. 3701 et seq.), shall be considered a sus-
tainable management practice for purposes of any Federal 
standard, benefit, or requirement that requires a dem-
onstration of such sustainability. 
SEC. 4508. LEASES OF RESTRICTED LANDS FOR THE NAV-
AJO NATION. 
Subsection (e)(1) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred 
to as the ‘‘Long-Term Leasing Act’’), is amended— 
(1) by striking ‘‘, except a lease for’’ and insert-
ing ‘‘, including leases for’’; 
(2) in subparagraph (A), by striking ‘‘25’’ the 
first place it appears and all that follows and insert-
ing ‘‘99 years;’’; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
212 
‘‘(C) in the case of a lease for the exploration, 
development, or extraction of mineral resources, in-
cluding geothermal resources, 25 years, except that 
any such lease may include an option to renew for 
one additional term not to exceed 25 years.’’. 
SEC. 4509. NONAPPLICABILITY OF CERTAIN RULES. 
No rule promulgated by the Department of the Inte-
rior regarding hydraulic fracturing used in the develop-
ment or production of oil or gas resources shall have any 
effect on any land held in trust or restricted status for 
the benefit of Indians except with the express consent of 
the beneficiary on whose behalf such land is held in trust 
or restricted status. 
SEC. 4510. PERMITS FOR INCIDENTAL TAKE. 
Section 1 of the Act of June 8, 1940 (chapter 278; 
16 U.S.C. 668), popularly known as the Bald and Golden 
Eagle Protection Act, is amended by adding at the end 
the following: 
‘‘(d) PERMITS FOR INCIDENTAL TAKE.—Upon sub-
mission of a substantially completed application, the Sec-
retary shall issue or deny an eagle take permit for no less 
than 30 years under section 22.26 of title 50, Code of 
Federal Regulations, that authorizes taking of any bald 
eagle or golden eagle that is incidental to, but not the pur-
pose of, an otherwise lawful activity. Failure to issue or 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
213 
deny such a permit within a reasonable time (which shall 
not exceed one year) is deemed issuance of such permit, 
and the applicant shall not be subject to liability for any 
incidental take of a bald eagle or golden eagle that is in 
conformity with the information submitted to the Sec-
retary as part of the application for the permit.’’. 
SEC. 4511. MIGRATORY BIRD TREATY ACT. 
Section 6(a) of the Migratory Bird Treaty Act (16 
U.S.C. 707(a)) is amended— 
(1) by striking ‘‘shall’’ the first and second 
place it appears and inserting ‘‘shall with intent 
knowingly’’; and 
(2) by adding at the end the following: ‘‘For the 
purposes of this subsection, ‘with intent knowingly’ 
does not include any taking, killing, or other harm 
to any migratory bird that is accidental or incidental 
to the presence or operation of an otherwise lawful 
activity.’’. 
TITLE XIV—HYDRAULIC 
FRACTURING 
Subtitle A—State Authority for 
Hydraulic Fracturing Regulation 
SEC. 5101. SHORT TITLE. 
This title may be cited as the ‘‘Protecting States’ 
Rights to Promote American Energy Security Act’’. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
214 
SEC. 5102. STATE AUTHORITY FOR HYDRAULIC FRAC-
TURING REGULATION. 
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended by redesignating section 44 as section 45, and 
by inserting after section 43 the following: 
‘‘SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
REGULATION. 
‘‘(a) IN GENERAL.—The Department of the Interior 
shall not enforce any Federal regulation, guidance, or per-
mit requirement regarding hydraulic fracturing, or any 
component of that process, relating to oil, gas, or geo-
thermal production activities on or under any land in any 
State that has regulations, guidance, or permit require-
ments for that activity. 
‘‘(b) STATE AUTHORITY.—The Department of the 
Interior shall recognize and defer to State regulations, 
permitting, and guidance, for all activities related to hy-
draulic fracturing, or any component of that process, re-
lating to oil, gas, or geothermal production activities on 
Federal land. 
‘‘(c) TRANSPARENCY OF STATE REGULATIONS.— 
‘‘(1) IN GENERAL.—Each State shall submit to 
the Bureau of Land Management a copy of its regu-
lations that apply to hydraulic fracturing operations 
on Federal land. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
215 
‘‘(2) AVAILABILITY.—The Secretary of the In-
terior shall make available to the public State regu-
lations submitted under this subsection. 
‘‘(d) TRANSPARENCY OF STATE DISCLOSURE RE-
QUIREMENTS.— 
‘‘(1) IN GENERAL.—Each State shall submit to 
the Bureau of Land Management a copy of any reg-
ulations of the State that require disclosure of 
chemicals used in hydraulic fracturing operations on 
Federal land. 
‘‘(2) AVAILABILITY.—The Secretary of the In-
terior shall make available to the public State regu-
lations submitted under this subsection. 
‘‘(e) HYDRAULIC FRACTURING DEFINED.—In this 
section the term ‘hydraulic fracturing’ means the process 
by which fracturing fluids (or a fracturing fluid system) 
are pumped into an underground geologic formation at a 
calculated, predetermined rate and pressure to generate 
fractures or cracks in the target formation and thereby 
increase the permeability of the rock near the wellbore and 
improve production of natural gas or oil.’’. 
SEC. 5103. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study examining the economic bene-
fits of domestic shale oil and gas production resulting from 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
216 
the process of hydraulic fracturing. This study shall in-
clude identification of— 
(1) State and Federal revenue generated as a 
result of shale gas production; 
(2) jobs created both directly and indirectly as 
a result of shale oil and gas production; and 
(3) an estimate of potential energy prices with-
out domestic shale oil and gas production. 
(b) REPORT.—The Comptroller General shall submit 
a report on the findings of such study to the Committee 
on Natural Resources of the House of Representatives 
within 30 days after completion of the study. 
SEC. 5104. TRIBAL AUTHORITY ON TRUST LAND. 
The Department of the Interior shall not enforce any 
Federal regulation, guidance, or permit requirement re-
garding the process of hydraulic fracturing (as that term 
is defined in section 44 of the Mineral Leasing Act, as 
amended by section 5102 of this title), or any component 
of that process, relating to oil, gas, or geothermal produc-
tion activities on any land held in trust or restricted status 
for the benefit of Indians except with the express consent 
of the beneficiary on whose behalf such land is held in 
trust or restricted status. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
217 
Subtitle B—EPA Hydraulic 
Fracturing Research 
SEC. 5201. SHORT TITLE. 
This title may be cited as the ‘‘EPA Hydraulic Frac-
turing Study Improvement Act’’. 
SEC. 5202. EPA HYDRAULIC FRACTURING RESEARCH. 
In conducting its study of the potential impacts of 
hydraulic fracturing on drinking water resources, with re-
spect to which a request for information was issued under 
Federal Register, Vol. 77, No. 218, the Administrator of 
the Environmental Protection Agency shall adhere to the 
following requirements: 
(1) PEER
REVIEW
AND
INFORMATION
QUAL-
ITY.—Prior to issuance and dissemination of any 
final report or any interim report summarizing the 
Environmental Protection Agency’s research on the 
relationship between hydraulic fracturing and drink-
ing water, the Administrator shall— 
(A) consider such reports to be Highly In-
fluential Scientific Assessments and require 
peer review of such reports in accordance with 
guidelines governing such assessments, as de-
scribed in— 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
218 
(i) 
the 
Environmental 
Protection 
Agency’s Peer Review Handbook 3rd Edi-
tion; 
(ii) the Environmental Protection 
Agency’s Scientific Integrity Policy, as in 
effect on the date of enactment of this Act; 
and 
(iii) the Office of Management and 
Budget’s Peer Review Bulletin, as in effect 
on the date of enactment of this Act; and 
(B) require such reports to meet the stand-
ards and procedures for the dissemination of in-
fluential scientific, financial, or statistical infor-
mation set forth in the Environmental Protec-
tion Agency’s Guidelines for Ensuring and 
Maximizing the Quality, Objectivity, Utility, 
and Integrity of Information Disseminated by 
the Environmental Protection Agency, devel-
oped in response to guidelines issued by the Of-
fice of Management and Budget under section 
515(a) of the Treasury and General Govern-
ment Appropriations Act for Fiscal Year 2001 
(Public Law 106–554). 
(2) PROBABILITY, UNCERTAINTY, AND
CON-
SEQUENCE.—In order to maximize the quality and 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
219 
utility of information developed through the study, 
the Administrator shall ensure that identification of 
the possible impacts of hydraulic fracturing on 
drinking water resources included in such reports be 
accompanied by objective estimates of the prob-
ability, uncertainty, and consequence of each identi-
fied impact, taking into account the risk manage-
ment practices of States and industry. Estimates or 
descriptions of probability, uncertainty, and con-
sequence shall be as quantitative as possible given 
the validity, accuracy, precision, and other quality 
attributes of the underlying data and analyses, but 
no more quantitative than the data and analyses can 
support. 
(3) RELEASE OF FINAL REPORT.—The final re-
port shall be publicly released by September 30, 
2016. 
Subtitle C—Miscellaneous 
Provisions 
SEC. 5301. REVIEW OF STATE ACTIVITIES. 
The Secretary of the Interior shall annually review 
and report to Congress on all State activities relating to 
hydraulic fracturing. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
220 
TITLE XV—NORTHERN ROUTE 
APPROVAL 
SEC. 6001. SHORT TITLE. 
This title may be cited as the ‘‘Northern Route Ap-
proval Act’’. 
SEC. 6002. FINDINGS. 
The Congress finds the following: 
(1) To maintain our Nation’s competitive edge 
and ensure an economy built to last, the United 
States must have fast, reliable, resilient, and envi-
ronmentally sound means of moving energy. In a 
global economy, we will compete for the world’s in-
vestments based in significant part on the quality of 
our infrastructure. Investing in the Nation’s infra-
structure provides immediate and long-term eco-
nomic benefits for local communities and the Nation 
as a whole. 
(2) The delivery of oil from Canada, a close ally 
not only in proximity but in shared values and 
ideals, to domestic markets is in the national inter-
est because of the need to lessen dependence upon 
insecure foreign sources. 
(3) The Keystone XL pipeline would provide 
both short-term and long-term employment opportu-
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
221 
nities and related labor income benefits, such as gov-
ernment revenues associated with taxes. 
(4) The State of Nebraska has thoroughly re-
viewed and approved the proposed Keystone XL 
pipeline reroute, concluding that the concerns of Ne-
braskans have had a major influence on the pipeline 
reroute and that the reroute will have minimal envi-
ronmental impacts. 
(5) The Department of State and other Federal 
agencies have over a long period of time conducted 
extensive studies and analysis of the technical as-
pects and of the environmental, social, and economic 
impacts of the proposed Keystone XL pipeline, 
and— 
(A) the Department of State assessments 
found that the Keystone XL pipeline ‘‘is not 
likely to impact the amount of crude oil pro-
duced from the oil sands’’ and that ‘‘approval 
or denial of the proposed project is unlikely to 
have a substantial impact on the rate of devel-
opment in the oil sands’’; 
(B) the Department of State found that 
incremental life-cycle greenhouse gas emissions 
associated with the Keystone XL project are es-
timated in the range of 0.07 to 0.83 million 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
222 
metric tons of carbon dioxide equivalents, with 
the upper end of this range representing twelve 
one-thousandths of one percent of the 6,702 
million metric tons of carbon dioxide emitted in 
the United States in 2011; and 
(C) after extensive evaluation of potential 
impacts to land and water resources along the 
Keystone XL pipeline’s 875-mile proposed 
route, the Department of State found that 
‘‘The analyses of potential impacts associated 
with construction and normal operation of the 
proposed Project suggest that there would be 
no significant impacts to most resources along 
the proposed Project route (assuming Keystone 
complies with all laws and required conditions 
and measures).’’. 
(6) The transportation of oil via pipeline is the 
safest and most economically and environmentally 
effective means of doing so, and— 
(A) transportation of oil via pipeline has a 
record of unmatched safety and environmental 
protection, and the Department of State found 
that ‘‘Spills associated with the proposed 
Project that enter the environment expected to 
be rare and relatively small’’, and that ‘‘there 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
223 
is no evidence of increased corrosion or other 
pipeline threat due to viscosity’’ of diluted bitu-
men oil that will be transported by the Key-
stone XL pipeline; and 
(B) plans to incorporate 57 project-specific 
special conditions related to the design, con-
struction, and operations of the Keystone XL 
pipeline led the Department of State to find 
that the pipeline will have ‘‘a degree of safety 
over any other typically constructed domestic oil 
pipeline’’. 
(7) The Keystone XL is in much the same posi-
tion today as the Alaska Pipeline in 1973 prior to 
congressional action. Once again, the Federal regu-
latory process remains an insurmountable obstacle 
to a project that is likely to reduce oil imports from 
insecure foreign sources. 
SEC. 6003. KEYSTONE XL PERMIT APPROVAL. 
Notwithstanding Executive Order No. 13337 (3 
U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 
301 note), section 301 of title 3, United States Code, and 
any other Executive order or provision of law, no Presi-
dential permit shall be required for the pipeline described 
in the application filed on May 4, 2012, by TransCanada 
Keystone Pipeline, L.P. to the Department of State for 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
224 
the Keystone XL pipeline, as supplemented to include the 
Nebraska reroute evaluated in the Final Evaluation Re-
port issued by the Nebraska Department of Environ-
mental Quality in January 2013 and approved by the Ne-
braska governor. The final environmental impact state-
ment issued by the Secretary of State on August 26, 2011, 
coupled with the Final Evaluation Report described in the 
previous sentence, shall be considered to satisfy all re-
quirements of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and of the National His-
toric Preservation Act (16 U.S.C. 470 et seq.). 
SEC. 6004. JUDICIAL REVIEW. 
(a) EXCLUSIVE JURISDICTION.—Except for review by 
the Supreme Court on writ of certiorari, the United States 
Court of Appeals for the District of Columbia Circuit shall 
have original and exclusive jurisdiction to determine— 
(1) the validity of any final order or action (in-
cluding a failure to act) of any Federal agency or of-
ficer with respect to issuance of a permit relating to 
the construction or maintenance of the Keystone XL 
pipeline, including any final order or action deemed 
to be taken, made, granted, or issued; 
(2) the constitutionality of any provision of this 
title, or any decision or action taken, made, granted, 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
225 
or issued, or deemed to be taken, made, granted, or 
issued under this title; or 
(3) the adequacy of any environmental impact 
statement prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
or of any analysis under any other Act, with respect 
to any action taken, made, granted, or issued, or 
deemed to be taken, made, granted, or issued under 
this title. 
(b) DEADLINE FOR FILING CLAIM.—A claim arising 
under this title may be brought not later than 60 days 
after the date of the decision or action giving rise to the 
claim. 
(c) 
EXPEDITED
CONSIDERATION.—The 
United 
States Court of Appeals for the District of Columbia Cir-
cuit shall set any action brought under subsection (a) for 
expedited consideration, taking into account the national 
interest of enhancing national energy security by providing 
access to the significant oil reserves in Canada that are 
needed to meet the demand for oil. 
SEC. 6005. AMERICAN BURYING BEETLE. 
(a) FINDINGS.—The Congress finds that— 
(1) environmental reviews performed for the 
Keystone XL pipeline project satisfy the require-
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
226 
ments of section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536(a)(2)) in its entirety; and 
(2) for purposes of that Act, the Keystone XL 
pipeline project will not jeopardize the continued ex-
istence of the American burying beetle or destroy or 
adversely modify American burying beetle critical 
habitat. 
(b) BIOLOGICAL OPINION.—The Secretary of the In-
terior is deemed to have issued a written statement setting 
forth the Secretary’s opinion containing such findings 
under section 7(b)(1)(A) of the Endangered Species Act 
of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the 
American burying beetle that is incidental to the construc-
tion or operation and maintenance of the Keystone XL 
pipeline as it may be ultimately defined in its entirety, 
shall not be considered a prohibited taking of such species 
under such Act. 
SEC. 6006. RIGHT-OF-WAY AND TEMPORARY USE PERMIT. 
The Secretary of the Interior is deemed to have 
granted or issued a grant of right-of-way and temporary 
use permit under section 28 of the Mineral Leasing Act 
(30 U.S.C. 185) and the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et seq.), as set forth 
in the application tendered to the Bureau of Land Man-
agement for the Keystone XL pipeline. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
227 
SEC. 
6007. 
PERMITS 
FOR 
ACTIVITIES 
IN 
NAVIGABLE 
WATERS. 
(a) ISSUANCE OF PERMITS.—The Secretary of the 
Army, not later than 90 days after receipt of an applica-
tion therefor, shall issue all permits under section 404 of 
the Federal Water Pollution Control Act (33 U.S.C. 1344) 
and section 10 of the Act of March 3, 1899 (33 U.S.C. 
403; commonly known as the Rivers and Harbors Appro-
priations Act of 1899), necessary for the construction, op-
eration, and maintenance of the pipeline described in the 
May 4, 2012, application referred to in section 6003, as 
supplemented by the Nebraska reroute. The application 
shall be based on the administrative record for the pipeline 
as of the date of enactment of this Act, which shall be 
considered complete. 
(b) WAIVER OF PROCEDURAL REQUIREMENTS.—The 
Secretary may waive any procedural requirement of law 
or regulation that the Secretary considers desirable to 
waive in order to accomplish the purposes of this section. 
(c) ISSUANCE IN ABSENCE OF ACTION BY THE SEC-
RETARY.—If the Secretary has not issued a permit de-
scribed in subsection (a) on or before the last day of the 
90-day period referred to in subsection (a), the permit 
shall be deemed issued under section 404 of the Federal 
Water Pollution Control Act (33 U.S.C. 1344) or section 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
228 
10 of the Act of March 3, 1899 (33 U.S.C. 403), as appro-
priate, on the day following such last day. 
(d) LIMITATION.—The Administrator of the Environ-
mental Protection Agency may not prohibit or restrict an 
activity or use of an area that is authorized under this 
section. 
SEC. 6008. MIGRATORY BIRD TREATY ACT PERMIT. 
The Secretary of the Interior is deemed to have 
issued a special purpose permit under the Migratory Bird 
Treaty Act (16 U.S.C. 703 et seq.), as described in the 
application filed with the United States Fish and Wildlife 
Service for the Keystone XL pipeline on January 11, 
2013. 
SEC. 6009. OIL SPILL RESPONSE PLAN DISCLOSURE. 
(a) IN GENERAL.—Any pipeline owner or operator 
required under Federal law to develop an oil spill response 
plan for the Keystone XL pipeline shall make such plan 
available to the Governor of each State in which such pipe-
line operates to assist with emergency response prepared-
ness. 
(b) UPDATES.—A pipeline owner or operator required 
to make available to a Governor a plan under subsection 
(a) shall make available to such Governor any update of 
such plan not later than 7 days after the date on which 
such update is made. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00228
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
229 
TITLE XVI—RELIEF FROM EPA 
CLIMATE CHANGE REGULA-
TIONS AND FEDERAL PROHI-
BITIONS 
ON 
SYNTHETIC 
FUELS 
SEC. 7001. REPEAL OF EPA CLIMATE CHANGE REGULATION. 
(a) GREENHOUSE GAS REGULATION UNDER CLEAN 
AIR ACT.—Section 302(g) of the Clean Air Act (42 U.S.C. 
7602(g)) is amended by adding the following at the end 
thereof: ‘‘The term ‘air pollutant’ shall not include carbon 
dioxide, water vapor, methane, nitrous oxide, hydrofluoro-
carbons, perfluorocarbons, or sulfur hexafluoride.’’. 
(b) NO REGULATION OF CLIMATE CHANGE.—Noth-
ing in the Clean Air Act (42 U.S.C. 7401 et seq.), the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), or the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.), shall be treated as authorizing 
or requiring the regulation of climate change or global 
warming. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00229
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
230 
SEC. 7002. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS 
PURCHASING REQUIREMENT. 
Section 526 of the Energy Independence and Security 
Act of 2007 (Public Law 110–140; 121 Stat. 1663; 42 
U.S.C. 17142) is repealed. 
SEC. 7003. SENSE OF CONGRESS OPPOSING CARBON TAX. 
It is the sense of the Congress that a carbon tax— 
(1) would be detrimental to American families 
and businesses; and 
(2) is not in the best interest of the United 
States. 
SEC. 7004. PROHIBITION ON USE OF SOCIAL COST OF CAR-
BON IN ANALYSIS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law or any executive order, the Administrator of 
the Environmental Protection Agency may not use the so-
cial cost of carbon in order to incorporate social benefits 
of reducing carbon dioxide emissions, or for any other rea-
son, in any cost-benefit analysis relating to an energy-re-
lated rule. 
(b) DEFINITION.—In this section, the term ‘‘social 
cost of carbon’’ means the social cost of carbon as de-
scribed in the technical support document entitled ‘‘Tech-
nical Support Document: Technical Update of the Social 
Cost of Carbon for Regulatory Impact Analysis Under Ex-
ecutive Order 12866’’, published by the Interagency 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00230
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
231 
Working Group on Social Cost of Carbon, United States 
Government, in May 2013, or any successor or substan-
tially related document, or any other estimate of the mone-
tized damages associated with an incremental increase in 
carbon dioxide emissions in a given year. 
TITLE XVII—ADDRESSING THE 
PRESIDENT’S WAR ON COAL 
Subtitle A—Management and Dis-
posal of Coal Combustion Re-
siduals 
SEC. 8001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Coal Residuals 
Reuse and Management Act of 2014’’. 
SEC. 8002. MANAGEMENT AND DISPOSAL OF COAL COMBUS-
TION RESIDUALS. 
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM-
BUSTION RESIDUALS. 
‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS-
TION RESIDUALS.—Each State may adopt, implement, 
and enforce a coal combustion residuals permit program 
if such State provides the notification required under sub-
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00231
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
234 
‘‘(V) statutes, regulations, or 
policies pertaining to structural integ-
rity or dam safety that may be ap-
plied to structures through such per-
mit program; 
‘‘(iv) a certification that the State has 
in effect, at the time of certification, stat-
utes or regulations necessary to implement 
a coal combustion residuals permit pro-
gram that meets the requirements de-
scribed in subsection (c); 
‘‘(v) copies of State statutes and regu-
lations described in clause (iv); and 
‘‘(vi) an emergency action plan for 
State response to a leak or spill at a struc-
ture that receives coal combustion residu-
als. 
‘‘(C) UPDATES.—A State may update the 
certification as needed to reflect changes to the 
coal combustion residuals permit program. 
‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO-
GRAM.—In order to adopt or implement a coal com-
bustion residuals permit program under this section 
(including pursuant to subsection (f)), the State im-
plementing agency shall maintain an approved per-
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00234
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
235 
mit program or other system of prior approval and 
conditions under section 4005(c) or an authorized 
program under section 3006. 
‘‘(c) REQUIREMENTS FOR A COAL COMBUSTION RE-
SIDUALS PERMIT PROGRAM.—A coal combustion residuals 
permit program shall consist of the following: 
‘‘(1) GENERAL REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The implementing 
agency shall— 
‘‘(i) apply the subset of the revised 
criteria described in paragraph (2) to own-
ers or operators of structures, including 
surface impoundments, that receive coal 
combustion residuals on or after the date 
of enactment of this section; 
‘‘(ii) with respect to structures that 
are receiving coal combustion residuals as 
of the date of enactment of this section, 
take the actions required under paragraph 
(3); 
‘‘(iii) impose requirements for surface 
impoundments that do not meet certain 
criteria pursuant to paragraph (4); and 
‘‘(iv) require that closure of structures 
occur in accordance with paragraph (5). 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00235
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
236 
‘‘(B) STRUCTURAL INTEGRITY.— 
‘‘(i) ENGINEERING CERTIFICATION.— 
The implementing agency shall require 
that an independent registered professional 
engineer certify that— 
‘‘(I) the design of each structure 
that receives coal combustion residu-
als on or after the date of enactment 
of this section is in accordance with 
recognized and generally accepted 
good engineering practices for con-
tainment of the maximum volume of 
coal combustion residuals and liquids 
which can be impounded therein; and 
‘‘(II) the construction and main-
tenance of the structure will ensure 
structural stability. 
‘‘(ii) EMERGENCY
ACTION
PLAN.— 
The implementing agency shall require 
that the owner or operator of any structure 
that is a surface impoundment that re-
ceives coal combustion residuals on or after 
the date of enactment of this section and 
that is classified by the State as posing a 
high hazard potential pursuant to the 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00236
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
237 
guidelines published by the Federal Emer-
gency Management Agency entitled ‘Fed-
eral Guidelines for Dam Safety: Hazard 
Potential Classification System for Dams’ 
(FEMA Publication Number 333) prepare 
and maintain an emergency action plan 
that identifies responsible persons and ac-
tions to be taken in the event of a dam 
safety emergency. 
‘‘(iii) INSPECTION.— 
‘‘(I) IN
GENERAL.—The imple-
menting agency shall require that 
structures that are surface impound-
ments that receive coal combustion re-
siduals on or after the date of enact-
ment of this section be inspected not 
less than annually by an independent 
registered professional engineer to as-
sure that the design, operation, and 
maintenance of the surface impound-
ment is in accordance with recognized 
and generally accepted good engineer-
ing practices for containment of the 
maximum volume of coal combustion 
residuals and liquids which can be im-
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00237
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
238 
pounded therein, so as to ensure dam 
stability. 
‘‘(II) POTENTIALLY HAZARDOUS 
CONDITIONS.—The 
implementing 
agency shall require that if an inspec-
tion under subclause (I), or a periodic 
evaluation under clause (iv), reveals a 
potentially hazardous condition, the 
owner or operator of the structure 
shall immediately take action to miti-
gate the potentially hazardous condi-
tion and notify appropriate State and 
local first responders. 
‘‘(iv) PERIODIC
EVALUATION.—The 
implementing agency shall require that 
structures that are surface impoundments 
that receive coal combustion residuals on 
or after the date of enactment of this sec-
tion be periodically evaluated for appear-
ances of structural weakness. 
‘‘(v) DEFICIENCY.— 
‘‘(I) IN GENERAL.—If the head 
of the implementing agency deter-
mines that a structure is deficient 
with respect to the requirements in 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00238
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
239 
clause (i), (iii), or (iv), the head of the 
agency has the authority to require 
action to correct the deficiency accord-
ing to a schedule determined by the 
agency. 
‘‘(II) 
UNCORRECTED
DEFI-
CIENCIES.—If a deficiency is not cor-
rected according to the schedule, the 
head of the implementing agency has 
the authority to require that the 
structure close in accordance with 
paragraph (5). 
‘‘(III) DAM
SAFETY
CONSULTA-
TION.—In the case of a structure that 
is a surface impoundment, the head of 
the implementing agency shall, in 
making a determination under sub-
clause (I), consult with appropriate 
State dam safety officials. 
‘‘(C) LOCATION.—The implementing agen-
cy shall require that structures that first receive 
coal combustion residuals on or after the date 
of enactment of this section shall be constructed 
with a base located a minimum of 2 feet above 
the upper limit of the water table, unless it is 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00239
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
240 
demonstrated to the satisfaction of the imple-
menting agency that— 
‘‘(i) the hydrogeologic characteristics 
of a structure and surrounding land would 
preclude such a requirement; and 
‘‘(ii) the function and integrity of the 
liner system will not be adversely impacted 
by contact with the water table. 
‘‘(D) WIND DISPERSAL.— 
‘‘(i) IN GENERAL.—The implementing 
agency shall require that owners or opera-
tors of structures that receive coal combus-
tion residuals on or after the date of enact-
ment of this section address wind dispersal 
of dust by requiring cover, or by wetting 
coal combustion residuals with water to a 
moisture content that prevents wind dis-
persal, facilitates compaction, and does not 
result in free liquids. 
‘‘(ii) ALTERNATIVE METHODS.—Sub-
ject to the review and approval by the im-
plementing agency, owners or operators of 
structures that receive coal combustion re-
siduals on or after the date of enactment 
of this section may propose alternative 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00240
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
241 
methods to address wind dispersal of dust 
that will provide comparable or more effec-
tive control of dust. 
‘‘(E) PERMITS.—The implementing agency 
shall require that owners or operators of struc-
tures that receive coal combustion residuals on 
or after the date of enactment of this section 
apply for and obtain permits incorporating the 
requirements of the coal combustion residuals 
permit program. 
‘‘(F) PUBLIC AVAILABILITY OF INFORMA-
TION.—Except for information with respect to 
which disclosure is prohibited under section 
1905 of title 18, United States Code, the imple-
menting agency shall ensure that— 
‘‘(i) documents for permit determina-
tions are made available for public review 
and comment under the public participa-
tion 
process 
described 
in 
subsection 
(b)(2)(B)(iii)(III) or in subsection (e)(6), 
as applicable; 
‘‘(ii) final determinations on permit 
applications are made known to the public; 
and 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00241
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
242 
‘‘(iii) groundwater monitoring data 
collected under paragraph (2) is publicly 
available. 
‘‘(G) AGENCY AUTHORITY.— 
‘‘(i) IN GENERAL.—The implementing 
agency has the authority to— 
‘‘(I) obtain information necessary 
to determine whether the owner or op-
erator of a structure is in compliance 
with the requirements of this sub-
section; 
‘‘(II) conduct or require moni-
toring and testing to ensure that 
structures are in compliance with the 
requirements of this subsection; and 
‘‘(III) enter, at reasonable times, 
any site or premise subject to the coal 
combustion residuals permit program 
for the purpose of inspecting struc-
tures and reviewing records relevant 
to the design, operation, and mainte-
nance of structures. 
‘‘(ii) MONITORING AND TESTING.—If 
monitoring or testing is conducted under 
clause (i)(II) by or for the implementing 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00242
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
243 
agency, the implementing agency shall, if 
requested, provide to the owner or oper-
ator— 
‘‘(I) a written description of the 
monitoring or testing completed; 
‘‘(II) at the time of sampling, a 
portion of each sample equal in vol-
ume or weight to the portion retained 
by or for the implementing agency; 
and 
‘‘(III) a copy of the results of 
any analysis of samples collected by or 
for the implementing agency. 
‘‘(2) REVISED CRITERIA.—The subset of the re-
vised criteria referred to in paragraph (1)(A)(i) are 
as follows: 
‘‘(A) DESIGN
REQUIREMENTS.—For new 
structures, and lateral expansions of existing 
structures, that first receive coal combustion re-
siduals on or after the date of enactment of this 
section, the revised criteria regarding design re-
quirements described in section 258.40 of title 
40, Code of Federal Regulations, except that 
the leachate collection system requirements de-
scribed in section 258.40(a)(2) of title 40, Code 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00243
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
244 
of Federal Regulations, do not apply to struc-
tures that are surface impoundments. 
‘‘(B) GROUNDWATER
MONITORING
AND 
CORRECTIVE ACTION.—For all structures that 
receive coal combustion residuals on or after the 
date of enactment of this section, the revised 
criteria regarding groundwater monitoring and 
corrective action requirements described in sub-
part E of part 258 of title 40, Code of Federal 
Regulations, except that, for the purposes of 
this subparagraph, the revised criteria shall also 
include— 
‘‘(i) for the purposes of detection 
monitoring, the constituents boron, chlo-
ride, conductivity, fluoride, mercury, pH, 
sulfate, sulfide, and total dissolved solids; 
and 
‘‘(ii) for the purposes of assessment 
monitoring, establishing a groundwater 
protection standard, and assessment of 
corrective measures, the constituents alu-
minum, boron, chloride, fluoride, iron, 
manganese, molybdenum, pH, sulfate, and 
total dissolved solids. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00244
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
245 
‘‘(C) CLOSURE.—For all structures that 
receive coal combustion residuals on or after the 
date of enactment of this section, in a manner 
consistent with paragraph (5), the revised cri-
teria for closure described in subsections (a) 
through (c) and (h) through (j) of section 
258.60 of title 40, Code of Federal Regulations. 
‘‘(D) POST-CLOSURE.—For all structures 
that receive coal combustion residuals on or 
after the date of enactment of this section, the 
revised criteria for post-closure care described 
in section 258.61 of title 40, Code of Federal 
Regulations, except for the requirement de-
scribed in subsection (a)(4) of that section. 
‘‘(E) LOCATION
RESTRICTIONS.—The re-
vised criteria for location restrictions described 
in— 
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first 
receive coal combustion residuals on or 
after the date of enactment of this section, 
sections 258.11 through 258.15 of title 40, 
Code of Federal Regulations; and 
‘‘(ii) for existing structures that re-
ceive coal combustion residuals on or after 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00245
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
249 
that are receiving coal combustion residuals as 
of the date of enactment of this section to com-
ply with— 
‘‘(i) the requirements under para-
graphs (1)(B)(ii) and (iii), (1)(D), (2)(B), 
(2)(F), (2)(H), (2)(J), and (2)(K); and 
‘‘(ii) the groundwater recordkeeping 
requirement 
described 
in 
section 
258.29(a)(5) of title 40, Code of Federal 
Regulations. 
‘‘(C) PERMITS.— 
‘‘(i) PERMIT
DEADLINE.—Not later 
than 48 months after the date on which a 
State submits a certification under sub-
section (b)(2), not later than 78 months 
after the Administrator receives notice 
under subsection (e)(1)(A), or not later 
than 84 months after the date of enact-
ment of this section with respect to a coal 
combustion residuals permit program that 
is being implemented by the Administrator 
under subsection (e)(3), as applicable, the 
implementing agency shall issue, with re-
spect to a structure that is receiving coal 
combustion residuals as of the date of en-
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00249
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
250 
actment of this section, a final permit in-
corporating the requirements of the coal 
combustion residuals permit program, or a 
final denial for an application submitted 
requesting such a permit. 
‘‘(ii) APPLICATION
DEADLINE.—The 
implementing agency shall identify, in col-
laboration with the owner or operator of a 
structure described in clause (i), a reason-
able deadline by which the owner or oper-
ator shall submit a permit application 
under such clause. 
‘‘(D) INTERIM OPERATION.— 
‘‘(i) PRIOR TO DEADLINES.—With re-
spect to any period of time on or after the 
date of enactment of this section but prior 
to the applicable deadline in subparagraph 
(B), the owner or operator of a structure 
that is receiving coal combustion residuals 
as of the date of enactment of this section 
may continue to operate such structure 
until such applicable deadline under the 
applicable authority in effect. 
‘‘(ii) PRIOR TO PERMIT.—Unless the 
implementing agency determines that the 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00250
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
251 
structure should close pursuant to para-
graph (5), if the owner or operator of a 
structure that is receiving coal combustion 
residuals as of the date of enactment of 
this section meets the requirements re-
ferred to in subparagraph (B) by the appli-
cable deadline in such subparagraph, the 
owner or operator may operate the struc-
ture until such time as the implementing 
agency issues, under subparagraph (C), a 
final permit incorporating the requirements 
of the coal combustion residuals permit 
program, or a final denial for an applica-
tion submitted requesting such a permit. 
‘‘(4) REQUIREMENTS FOR SURFACE IMPOUND-
MENTS THAT DO NOT MEET CERTAIN CRITERIA.— 
‘‘(A) SURFACE IMPOUNDMENTS THAT RE-
QUIRE ASSESSMENT OF CORRECTIVE MEASURES 
WITHIN 10 YEARS OF THE DATE OF ENACT-
MENT.— 
‘‘(i) IN GENERAL.—In addition to the 
groundwater monitoring and corrective ac-
tion requirements described in paragraph 
(2)(B), the implementing agency shall re-
quire a surface impoundment that receives 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00251
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
252 
coal combustion residuals on or after the 
date of enactment of this section to comply 
with the requirements in clause (ii) of this 
subparagraph and clauses (i) and (ii) of 
subparagraph (D) if the surface impound-
ment— 
‘‘(I) does not— 
‘‘(aa) have a liner system 
described in section 258.40(b) of 
title 40, Code of Federal Regula-
tions; and 
‘‘(bb) meet the design cri-
teria 
described 
in 
section 
258.40(a)(1) of title 40, Code of 
Federal Regulations; and 
‘‘(II) within 10 years after the 
date of enactment of this section, is 
required under section 258.56(a) of 
title 40, Code of Federal Regulations, 
to undergo an assessment of correc-
tive measures for any constituent cov-
ered under subpart E of part 258 of 
title 40, Code of Federal Regulations, 
or otherwise identified in paragraph 
(2)(B)(ii) of this subsection, for which 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00252
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
253 
assessment groundwater monitoring is 
required. 
‘‘(ii) DEADLINE
TO
MEET
GROUND-
WATER
PROTECTION
STANDARD.—Except 
as provided in subparagraph (C), the im-
plementing agency shall require that the 
groundwater protection standard, for sur-
face impoundments identified in clause (i) 
of this subparagraph, established by the 
implementing 
agency 
under 
section 
258.55(h) or 258.55(i) of title 40, Code of 
Federal Regulations, for any constituent 
for which corrective measures are required 
shall be met— 
‘‘(I) as soon as practicable at the 
relevant point of compliance, as de-
scribed in section 258.40(d) of title 
40, Code of Federal Regulations; and 
‘‘(II) not later than 10 years 
after the date of enactment of this 
section. 
‘‘(B) SURFACE
IMPOUNDMENTS
SUBJECT 
TO
A
STATE
CORRECTIVE
ACTION
REQUIRE-
MENT AS OF THE DATE OF ENACTMENT.— 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00253
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
254 
‘‘(i) IN GENERAL.—In addition to the 
groundwater monitoring and corrective ac-
tion requirements described in paragraph 
(2)(B), the implementing agency shall re-
quire a surface impoundment that receives 
coal combustion residuals on or after the 
date of enactment of this section to comply 
with the requirements in clause (ii) of this 
subparagraph and clauses (i) and (ii) of 
subparagraph (D) if the surface impound-
ment— 
‘‘(I) does not— 
‘‘(aa) have a liner system 
described in section 258.40(b) of 
title 40, Code of Federal Regula-
tions; and 
‘‘(bb) meet the design cri-
teria 
described 
in 
section 
258.40(a)(1) of title 40, Code of 
Federal Regulations; and 
‘‘(II) as of the date of enactment 
of this section, is subject to a State 
corrective action requirement. 
‘‘(ii) DEADLINE
TO
MEET
GROUND-
WATER
PROTECTION
STANDARD.—Except 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00254
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
255 
as provided in subparagraph (C), the im-
plementing agency shall require that the 
groundwater protection standard, for sur-
face impoundments identified in clause (i) 
of this subparagraph, established by the 
implementing 
agency 
under 
section 
258.55(h) or 258.55(i) of title 40, Code of 
Federal Regulations, for any constituent 
for which corrective measures are required 
shall be met— 
‘‘(I) as soon as practicable at the 
relevant point of compliance, as de-
scribed in section 258.40(d) of title 
40, Code of Federal Regulations; and 
‘‘(II) not later than 8 years after 
the date of enactment of this section. 
‘‘(C) EXTENSION OF DEADLINE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii) of this subparagraph, 
the deadline for meeting a groundwater 
protection standard under subparagraph 
(A)(ii) or (B)(ii) may be extended by the 
implementing agency, after opportunity for 
public notice and comment under the pub-
lic participation process described in sub-
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00255
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
256 
section (b)(2)(B)(iii)(III), or in subsection 
(e)(6) based on— 
‘‘(I) the effectiveness of any in-
terim measures implemented by the 
owner or operator of the facility under 
section 258.58(a)(3) of title 40, Code 
of Federal Regulations; 
‘‘(II) the level of progress dem-
onstrated in meeting the groundwater 
protection standard; 
‘‘(III) the potential for other ad-
verse human health or environmental 
exposures attributable to the contami-
nation from the surface impoundment 
undergoing corrective action; and 
‘‘(IV) the lack of available alter-
native management capacity for the 
coal combustion residuals and related 
materials managed in the impound-
ment at the facility at which the im-
poundment is located if the owner or 
operator has used best efforts, as nec-
essary, to design, obtain any nec-
essary permits, finance, construct, and 
render operational the alternative 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00256
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
257 
management capacity during the time 
period for meeting a groundwater pro-
tection 
standard 
in 
subparagraph 
(A)(ii) or (B)(ii). 
‘‘(ii) 
EXCEPTION.—The 
deadline 
under subparagraph (A)(ii) or (B)(ii) shall 
not be extended if there has been contami-
nation of public or private drinking water 
systems attributable to a surface impound-
ment undergoing corrective action, unless 
the contamination has been addressed by 
providing a permanent replacement water 
system. 
‘‘(D) ADDITIONAL REQUIREMENTS.— 
‘‘(i) CLOSURE.—If the deadline under 
subparagraph (A)(ii), (B)(ii), or (C) is not 
satisfied, the surface impoundment shall 
cease receiving coal combustion residuals 
and initiate closure under paragraph (5). 
‘‘(ii) INTERIM MEASURES.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), not later 
than 90 days after the date on which 
the assessment of corrective measures 
is initiated, the owner or operator of 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00257
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
258 
a surface impoundment described in 
subparagraph (A) or (B) shall imple-
ment interim measures, as necessary, 
under 
the 
factors 
in 
section 
258.58(a)(3) of title 40, Code of Fed-
eral Regulations. 
‘‘(II) IMPOUNDMENTS
SUBJECT 
TO
STATE
CORRECTIVE
ACTION
RE-
QUIREMENT AS OF THE DATE OF EN-
ACTMENT.—Subclause (I) shall only 
apply to surface impoundments sub-
ject to a State corrective action re-
quirement as of the date of enactment 
of this section if the owner or oper-
ator has not implemented interim 
measures, as necessary, under the fac-
tors in section 258.58(a)(3) of title 
40, Code of Federal Regulations. 
‘‘(E) SURFACE IMPOUNDMENTS THAT RE-
QUIRE ASSESSMENT OF CORRECTIVE MEASURES 
MORE THAN 10 YEARS AFTER DATE OF ENACT-
MENT.— 
‘‘(i) IN GENERAL.—In addition to the 
groundwater monitoring and corrective ac-
tion requirements described in paragraph 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00258
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
259 
(2)(B), the implementing agency shall re-
quire a surface impoundment that receives 
coal combustion residuals on or after the 
date of enactment of this section to comply 
with the requirements in clause (ii) if the 
surface impoundment— 
‘‘(I) does not— 
‘‘(aa) have a liner system 
described in section 258.40(b) of 
title 40, Code of Federal Regula-
tions; and 
‘‘(bb) meet the design cri-
teria 
described 
in 
section 
258.40(a)(1) of title 40, Code of 
Federal Regulations; and 
‘‘(II) more than 10 years after 
the date of enactment of this section, 
is required under section 258.56(a) 
title 40, Code of Federal Regulations, 
to undergo an assessment of correc-
tive measures for any constituent cov-
ered under subpart E of part 258 of 
title 40, Code of Federal Regulations, 
or otherwise identified in paragraph 
(2)(B)(ii) of this subsection, for which 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00259
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
260 
assessment groundwater monitoring is 
required. 
‘‘(ii) REQUIREMENTS.— 
‘‘(I) CLOSURE.—The surface im-
poundments identified in clause (i) 
shall cease receiving coal combustion 
residuals and initiate closure in ac-
cordance with paragraph (5) after al-
ternative management capacity at the 
facility is available for the coal com-
bustion residuals and related mate-
rials managed in the impoundment. 
‘‘(II) BEST
EFFORTS.—The al-
ternative management capacity shall 
be developed as soon as practicable 
with the owner or operator using best 
efforts to design, obtain necessary 
permits for, finance, construct, and 
render operational the alternative 
management capacity. 
‘‘(III) ALTERNATIVE
CAPACITY 
MANAGEMENT
PLAN.—The owner or 
operator shall, in collaboration with 
the implementing agency, prepare a 
written plan that describes the steps 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00260
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
261 
necessary to develop the alternative 
management capacity and includes a 
schedule for completion. 
‘‘(IV) PUBLIC PARTICIPATION.— 
The plan described in subclause (III) 
shall be subject to public notice and 
comment under the public participa-
tion process described in subsection 
(b)(2)(B)(iii)(III) or in subsection 
(e)(6), as applicable. 
‘‘(5) CLOSURE.— 
‘‘(A) IN GENERAL.—If it is determined by 
the implementing agency that a structure 
should close because the requirements of a coal 
combustion residuals permit program are not 
being satisfied with respect to such structure, 
or if it is determined by the owner or operator 
that a structure should close, the time period 
and method for the closure of such structure 
shall be set forth in a closure plan that estab-
lishes a deadline for completion of closure as 
soon as practicable and that takes into account 
the nature and the site-specific characteristics 
of the structure to be closed. 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00261
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
262 
‘‘(B) SURFACE
IMPOUNDMENT.—In the 
case of a surface impoundment, the closure plan 
under subparagraph (A) shall require, at a min-
imum, the removal of liquid and the stabiliza-
tion of remaining waste, as necessary to sup-
port the final cover. 
‘‘(d) FEDERAL REVIEW
OF STATE PERMIT PRO-
GRAMS.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
provide to a State written notice and an opportunity 
to remedy deficiencies in accordance with paragraph 
(3) if at any time the State— 
‘‘(A) does not satisfy the notification re-
quirement under subsection (b)(1); 
‘‘(B) has not submitted a certification re-
quired under subsection (b)(2); 
‘‘(C) does not satisfy the maintenance re-
quirement under subsection (b)(3); 
‘‘(D) is not implementing a coal combus-
tion residuals permit program, with respect to 
which the State has submitted a certification 
under subsection (b)(2), that meets the require-
ments described in subsection (c); 
‘‘(E) is not implementing a coal combus-
tion residuals permit program, with respect to 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00262
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
263 
which the State has submitted a certification 
under subsection (b)(2)— 
‘‘(i) that is consistent with such cer-
tification; and 
‘‘(ii) for which the State continues to 
have in effect statutes or regulations nec-
essary to implement such program; or 
‘‘(F) does not make available to the Ad-
ministrator, within 90 days of a written re-
quest, specific information necessary for the 
Administrator to ascertain whether the State 
has satisfied the requirements described in sub-
paragraphs (A) through (E). 
‘‘(2) REQUEST.—If a request described in para-
graph (1)(F) is proposed pursuant to a petition to 
the Administrator, the Administrator shall only 
make the request if the Administrator does not pos-
sess the information necessary to ascertain whether 
the State has satisfied the requirements described in 
subparagraphs (A) through (E) of such paragraph. 
‘‘(3) CONTENTS OF NOTICE; DEADLINE FOR RE-
SPONSE.—A notice provided under paragraph (1) 
shall— 
‘‘(A) include findings of the Administrator 
detailing any applicable deficiencies described in 
VerDate Mar 15 2010 
23:41 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00263
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
264 
subparagraphs (A) through (F) of paragraph 
(1); and 
‘‘(B) identify, in collaboration with the 
State, a reasonable deadline by which the State 
shall remedy such applicable deficiencies, which 
shall be— 
‘‘(i) in the case of a deficiency de-
scribed in subparagraphs (A) through (E) 
of paragraph (1), not earlier than 180 
days after the date on which the State re-
ceives the notice; and 
‘‘(ii) in the case of a deficiency de-
scribed in paragraph (1)(F), not later than 
90 days after the date on which the State 
receives the notice. 
‘‘(4) CRITERIA FOR DETERMINING DEFICIENCY 
OF STATE PERMIT PROGRAM.—In making a deter-
mination whether a State has failed to satisfy the re-
quirements described in subparagraphs (A) through 
(E) of paragraph (1), or a determination under sub-
section (e)(1)(B), the Administrator shall consider, 
as appropriate— 
‘‘(A) whether the State’s statutes or regu-
lations to implement a coal combustion residu-
als permit program are not sufficient to meet 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00264
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
265 
the requirements described in subsection (c) be-
cause of— 
‘‘(i) failure of the State to promulgate 
or enact new statutes or regulations when 
necessary; or 
‘‘(ii) action by a State legislature or 
court striking down or limiting such State 
statutes or regulations; 
‘‘(B) whether the operation of the State 
coal combustion residuals permit program fails 
to comply with the requirements of subsection 
(c) because of— 
‘‘(i) failure of the State to issue per-
mits as required in subsection (c)(1)(E); 
‘‘(ii) repeated issuance of permits by 
the State which do not meet the require-
ments of subsection (c); 
‘‘(iii) failure of the State to comply 
with the public participation requirements 
of this section; or 
‘‘(iv) failure of the State to implement 
corrective action requirements as described 
in subsection (c)(2)(B); and 
‘‘(C) whether the enforcement of a State 
coal combustion residuals permit program fails 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00265
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
266 
to comply with the requirements of this section 
because of— 
‘‘(i) failure to act on violations of per-
mits, as identified by the State; or 
‘‘(ii) repeated failure by the State to 
inspect or otherwise determine compliance 
pursuant to the process identified in sub-
section (b)(2)(B)(iii)(I). 
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 
‘‘(1) FEDERAL
BACKSTOP
AUTHORITY.—The 
Administrator shall implement a coal combustion re-
siduals permit program for a State only if— 
‘‘(A) the Governor of the State notifies the 
Administrator under subsection (b)(1) that the 
State will not adopt and implement a permit 
program; 
‘‘(B) the State has received a notice under 
subsection (d) and the Administrator deter-
mines, after providing a 30-day period for no-
tice and public comment, that the State has 
failed, by the deadline identified in the notice 
under subsection (d)(3)(B), to remedy the defi-
ciencies detailed in the notice under subsection 
(d)(3)(A); or 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00266
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
267 
‘‘(C) the State informs the Administrator, 
in writing, that such State will no longer imple-
ment such a permit program. 
‘‘(2) REVIEW.—A State may obtain a review of 
a determination by the Administrator under this 
subsection as if the determination was a final regu-
lation for purposes of section 7006. 
‘‘(3) OTHER
STRUCTURES.—For structures 
that receive coal combustion residuals on or after 
the date of enactment of this section located on 
property within the exterior boundaries of a State 
that the State does not have authority or jurisdiction 
to regulate, the Administrator shall implement a coal 
combustion residuals permit program only for those 
structures. 
‘‘(4) REQUIREMENTS.—If the Administrator 
implements a coal combustion residuals permit pro-
gram for a State under paragraph (1) or (3), the 
permit program shall consist of the requirements de-
scribed in subsection (c). 
‘‘(5) ENFORCEMENT.— 
‘‘(A) IN GENERAL.—If the Administrator 
implements a coal combustion residuals permit 
program for a State under paragraph (1)— 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00267
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
268 
‘‘(i) the authorities referred to in sec-
tion 4005(c)(2)(A) shall apply with respect 
to coal combustion residuals and structures 
for which the Administrator is imple-
menting the coal combustion residuals per-
mit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this sec-
tion in the State. 
‘‘(B) OTHER STRUCTURES.—If the Admin-
istrator implements a coal combustion residuals 
permit program under paragraph (3)— 
‘‘(i) the authorities referred to in sec-
tion 4005(c)(2)(A) shall apply with respect 
to coal combustion residuals and structures 
for which the Administrator is imple-
menting the coal combustion residuals per-
mit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this sec-
tion for the structures for which the Ad-
ministrator is implementing the coal com-
bustion residuals permit program. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00268
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
269 
‘‘(6) PUBLIC PARTICIPATION PROCESS.—If the 
Administrator implements a coal combustion residu-
als permit program for a State under this sub-
section, the Administrator shall provide a 30-day pe-
riod for the public participation process required in 
paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of 
subsection (c). 
‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY 
ADMINISTRATOR.— 
‘‘(1) STATE CONTROL.— 
‘‘(A) NEW ADOPTION, OR RESUMPTION OF, 
AND IMPLEMENTATION BY STATE.—For a State 
for which the Administrator is implementing a 
coal combustion residuals permit program 
under 
subsection 
(e)(1)(A), 
or 
subsection 
(e)(1)(C), the State may adopt and implement 
such a permit program by— 
‘‘(i) notifying the Administrator that 
the State will adopt and implement such a 
permit program; 
‘‘(ii) not later than 6 months after the 
date of such notification, submitting to the 
Administrator a certification under sub-
section (b)(2); and 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00269
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
270 
‘‘(iii) receiving from the Adminis-
trator— 
‘‘(I) a determination, after pro-
viding a 30-day period for notice and 
public comment, that the State coal 
combustion residuals permit program 
meets the requirements described in 
subsection (c); and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
‘‘(B) REMEDYING DEFICIENT PERMIT PRO-
GRAM.—For a State for which the Adminis-
trator is implementing a coal combustion re-
siduals 
permit 
program 
under 
subsection 
(e)(1)(B), the State may adopt and implement 
such a permit program by— 
‘‘(i) remedying only the deficiencies 
detailed in the notice pursuant to sub-
section (d)(3)(A); and 
‘‘(ii) receiving from the Adminis-
trator— 
‘‘(I) a determination, after pro-
viding a 30-day period for notice and 
public comment, that the deficiencies 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00270
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
271 
detailed in such notice have been rem-
edied; and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
‘‘(2) REVIEW OF DETERMINATION.— 
‘‘(A) DETERMINATION
REQUIRED.—The 
Administrator shall make a determination 
under paragraph (1) not later than 90 days 
after the date on which the State submits a cer-
tification under paragraph (1)(A)(ii), or notifies 
the Administrator that the deficiencies have 
been remedied pursuant to paragraph (1)(B)(i), 
as applicable. 
‘‘(B) REVIEW.—A State may obtain a re-
view of a determination by the Administrator 
under paragraph (1) as if such determination 
was a final regulation for purposes of section 
7006. 
‘‘(3) IMPLEMENTATION DURING TRANSITION.— 
‘‘(A) EFFECT ON ACTIONS AND ORDERS.— 
Program requirements of, and actions taken or 
orders issued pursuant to, a coal combustion re-
siduals permit program shall remain in effect 
if— 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00271
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
272 
‘‘(i) a State takes control of its coal 
combustion residuals permit program from 
the Administrator under paragraph (1); or 
‘‘(ii) the Administrator takes control 
of a coal combustion residuals permit pro-
gram from a State under subsection (e). 
‘‘(B) CHANGE
IN
REQUIREMENTS.—Sub-
paragraph (A) shall apply to such program re-
quirements, actions, and orders until such time 
as— 
‘‘(i) the implementing agency changes 
the requirements of the coal combustion 
residuals permit program with respect to 
the basis for the action or order; or 
‘‘(ii) the State or the Administrator, 
whichever took the action or issued the 
order, certifies the completion of a correc-
tive action that is the subject of the action 
or order. 
‘‘(4) SINGLE
PERMIT
PROGRAM.—If a State 
adopts and implements a coal combustion residuals 
permit program under this subsection, the Adminis-
trator shall cease to implement the permit program 
implemented under subsection (e)(1) for such State. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00272
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
273 
‘‘(g) EFFECT ON DETERMINATION UNDER 4005(c) 
OR 3006.—The Administrator shall not consider the im-
plementation of a coal combustion residuals permit pro-
gram by the Administrator under subsection (e) in making 
a determination of approval for a permit program or other 
system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 
3006. 
‘‘(h) AUTHORITY.— 
‘‘(1) STATE AUTHORITY.—Nothing in this sec-
tion shall preclude or deny any right of any State to 
adopt or enforce any regulation or requirement re-
specting coal combustion residuals that is more 
stringent or broader in scope than a regulation or 
requirement under this section. 
‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsections (d) and (e) and section 6005, the 
Administrator shall, with respect to the regula-
tion of coal combustion residuals, defer to the 
States pursuant to this section. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed as affecting the au-
thority of the Administrator under section 7003 
with respect to coal combustion residuals. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00273
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
274 
‘‘(C) ENFORCEMENT
ASSISTANCE
ONLY 
UPON REQUEST.—Upon request from the head 
of a lead State agency that is implementing a 
coal combustion residuals permit program, the 
Administrator may provide to such State agen-
cy only the enforcement assistance requested. 
‘‘(D) CONCURRENT
ENFORCEMENT.—Ex-
cept as provided in subparagraph (C), the Ad-
ministrator shall not have concurrent enforce-
ment authority when a State is implementing a 
coal combustion residuals permit program, in-
cluding during any period of interim operation 
described in subsection (c)(3)(D). 
‘‘(E) OTHER AUTHORITY.—The Adminis-
trator shall not have authority to finalize the 
proposed rule published at pages 35128 
through 35264 of volume 75 of the Federal 
Register (June 21, 2010). 
‘‘(F) OTHER
RESPONSE
AUTHORITY.— 
Nothing in this section shall be construed as af-
fecting the authority of the Administrator 
under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) with respect to 
coal combustion residuals. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00274
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
275 
‘‘(3) CITIZEN SUITS.—Nothing in this section 
shall be construed to affect the authority of a person 
to commence a civil action in accordance with sec-
tion 7002. 
‘‘(i) MINE RECLAMATION ACTIVITIES.—A coal com-
bustion residuals permit program implemented by the Ad-
ministrator under subsection (e) shall not apply to the uti-
lization, placement, and storage of coal combustion residu-
als at surface mining and reclamation operations. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) 
COAL
COMBUSTION
RESIDUALS.—The 
term ‘coal combustion residuals’ means— 
‘‘(A) the solid wastes listed in section 
3001(b)(3)(A)(i), including recoverable mate-
rials from such wastes; 
‘‘(B) coal combustion wastes that are co- 
managed with wastes produced in conjunction 
with the combustion of coal, provided that such 
wastes are not segregated and disposed of sepa-
rately from the coal combustion wastes and 
comprise a relatively small proportion of the 
total wastes being disposed in the structure; 
‘‘(C) fluidized bed combustion wastes; 
‘‘(D) wastes from the co-burning of coal 
with non-hazardous secondary materials, pro-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00275
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
276 
vided that coal makes up at least 50 percent of 
the total fuel burned; and 
‘‘(E) wastes from the co-burning of coal 
with materials described in subparagraph (A) 
that are recovered from monofills. 
‘‘(2) COAL
COMBUSTION
RESIDUALS
PERMIT 
PROGRAM.—The term ‘coal combustion residuals 
permit program’ means all of the authorities, activi-
ties, and procedures that comprise the system of 
prior approval and conditions implemented by or for 
a State to regulate the management and disposal of 
coal combustion residuals. 
‘‘(3) CODE OF FEDERAL REGULATIONS.—The 
term ‘Code of Federal Regulations’ means the Code 
of Federal Regulations (as in effect on the date of 
enactment of this section) or any successor regula-
tions. 
‘‘(4) IMPLEMENTING AGENCY.—The term ‘im-
plementing agency’ means the agency responsible for 
implementing a coal combustion residuals permit 
program for a State, which shall either be the lead 
State implementing agency identified under sub-
section (b)(2)(B)(i) or the Administrator pursuant 
to subsection (e). 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00276
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
277 
‘‘(5) PERMIT; PRIOR
APPROVAL
AND
CONDI-
TIONS.—Except as provided in subsections (b)(3) 
and (g), the terms ‘permit’ and ‘prior approval and 
conditions’ mean any authorization, license, or equiv-
alent control document that incorporates the re-
quirements of subsection (c). 
‘‘(6) REVISED
CRITERIA.—The term ‘revised 
criteria’ means the criteria promulgated for munic-
ipal solid waste landfill units under section 4004(a) 
and under section 1008(a)(3), as revised under sec-
tion 4010(c). 
‘‘(7) STRUCTURE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘structure’ means a 
landfill, surface impoundment, or other land- 
based unit which receives, or is intended to re-
ceive, coal combustion residuals. 
‘‘(B) DE
MINIMIS
RECEIPT.—The term 
‘structure’ does not include any land-based unit 
that receives only de minimis quantities of coal 
combustion residuals if the presence of coal 
combustion residuals is incidental to the mate-
rial managed in the unit.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1001 of the Solid Waste Dis-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00277
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
278 
posal Act is amended by inserting after the item relating 
to section 4010 the following: 
‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’. 
SEC. 8003. 2000 REGULATORY DETERMINATION. 
Nothing in this subtitle, or the amendments made by 
this subtitle, shall be construed to alter in any manner 
the Environmental Protection Agency’s regulatory deter-
mination entitled ‘‘Notice of Regulatory Determination on 
Wastes From the Combustion of Fossil Fuels’’, published 
at 65 Fed. Reg. 32214 (May 22, 2000), that the fossil 
fuel combustion wastes addressed in that determination 
do not warrant regulation under subtitle C of the Solid 
Waste Disposal Act (42 U.S.C. 6921 et seq.). 
SEC. 8004. TECHNICAL ASSISTANCE. 
Nothing in this subtitle, or the amendments made by 
this subtitle, shall be construed to affect the authority of 
a State to request, or the Administrator of the Environ-
mental Protection Agency to provide, technical assistance 
under the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.). 
SEC. 8005. FEDERAL POWER ACT. 
Nothing in this subtitle, or the amendments made by 
this subtitle, shall be construed to affect the obligations 
of an owner or operator of a structure (as defined in sec-
tion 4011 of the Solid Waste Disposal Act, as added by 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00278
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
279 
this Act) under section 215(b)(1) of the Federal Power 
Act (16 U.S.C. 824o(b)(1)). 
Subtitle B—Surface Mining Stream 
Buffer Zone Rule 
SEC. 8011. SHORT TITLE. 
This subtitle may be cited as the ‘‘Preventing Govern-
ment Waste and Protecting Coal Mining Jobs in Amer-
ica’’. 
SEC. 8012. INCORPORATION OF SURFACE MINING STREAM 
BUFFER ZONE RULE INTO STATE PROGRAMS. 
(a) IN GENERAL.—Section 503 of the Surface Min-
ing Control and Reclamation Act of 1977 (30 U.S.C. 
1253) is amended by adding at the end the following: 
‘‘(e) STREAM BUFFER ZONE MANAGEMENT.— 
‘‘(1) IN GENERAL.—In addition to the require-
ments under subsection (a), each State program 
shall incorporate the necessary rule regarding excess 
spoil, coal mine waste, and buffers for perennial and 
intermittent streams published by the Office of Sur-
face Mining Reclamation and Enforcement on De-
cember 12, 2008 (73 Fed. Reg. 75813 et seq.). 
‘‘(2) STUDY OF IMPLEMENTATION.—The Sec-
retary shall— 
‘‘(A) at such time as the Secretary deter-
mines all States referred to in subsection (a) 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00279
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
280 
have fully incorporated the necessary rule re-
ferred to in paragraph (1) of this subsection 
into their State programs, publish notice of 
such determination; 
‘‘(B) during the 5-year period beginning on 
the date of such publication, assess the effec-
tiveness of implementation of such rule by such 
States; and 
‘‘(C) upon the conclusion of such period, 
submit a comprehensive report on the impacts 
of such rule to the Committee on Natural Re-
sources of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate, including— 
‘‘(i) an evaluation of the effectiveness 
of such rule; 
‘‘(ii) an evaluation of any ways in 
which the existing rule inhibits energy pro-
duction; and 
‘‘(iii) a description in detail of any 
proposed changes that should be made to 
the rule, the justification for such changes, 
all comments on such changes received by 
the Secretary from such States, and the 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00280
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
281 
projected costs and benefits of such 
changes. 
‘‘(3) LIMITATION ON NEW REGULATIONS.—The 
Secretary may not issue any regulations under this 
Act relating to stream buffer zones or stream protec-
tion before the date of the publication of the report 
under paragraph (2), other than a rule necessary to 
implement paragraph (1).’’. 
(b) DEADLINE FOR STATE IMPLEMENTATION.—Not 
later than 2 years after the date of the enactment of this 
Act, a State with a State program approved under section 
503 of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1253) shall submit to the Secretary 
of the Interior amendments to such program pursuant to 
part 732 of title 30, Code of Federal Regulations, incor-
porating the necessary rule referred to in subsection (e)(1) 
of such section, as amended by this section. 
TITLE 
XVIII—SATISFYING 
EN-
ERGY 
NEEDS 
AND 
SAVING 
THE ENVIRONMENT 
SEC. 9001. SHORT TITLE. 
This Act may be cited as the ‘‘Satisfying Energy 
Needs and Saving the Environment Act of 2014’’ or the 
‘‘SENSE Act of 2014’’. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00281
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
282 
SEC. 9002. INAPPLICABILITY OF CERTAIN EMISSION LIMITS 
FOR ELECTRIC UTILITY STEAM GENERATING 
UNITS THAT CONVERT COAL REFUSE INTO 
ENERGY. 
(a) INAPPLICABILITY OF CERTAIN EMISSION LIMITS 
FOR CERTAIN EGUS.—The emission limits for hydrogen 
chloride and sulfur dioxide in table 2 to subpart UUUUU 
of part 63 of title 40, Code of Federal Regulations, enti-
tled ‘‘Emission Limits for Existing EGUs’’, shall not 
apply to an electric utility steam generating unit in the 
subcategory ‘‘Coal-fired unit not low rank virgin coal’’ if 
such electric utility steam generating unit— 
(1) is in operation as of the date of enactment 
of this Act; 
(2) utilizes circulating fluidized bed technology 
to convert coal refuse into energy; and 
(3)(A) derives at least 75 percent of its heat 
input from coal refuse; or 
(B) is a qualifying facility. 
(b) DEFINITIONS.—In this section: 
(1) COAL
REFUSE.—The term ‘‘coal refuse’’ 
means any byproduct of coal mining, physical coal 
cleaning, or coal preparation operations, that con-
tains coal, matrix material, clay, and other organic 
and inorganic material. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00282
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
283 
(2) QUALIFYING
COGENERATION
FACILITY.— 
The term ‘‘qualifying cogeneration facility’’ has the 
meaning given such term in section 3 of the Federal 
Power Act (16 U.S.C. 796). 
(3) QUALIFYING FACILITY.—The term ‘‘quali-
fying facility’’ means— 
(A) a qualifying small power production fa-
cility; or 
(B) a qualifying cogeneration facility. 
(4) QUALIFYING
SMALL
POWER
PRODUCTION 
FACILITY.—The term ‘‘qualifying small power pro-
duction facility’’ has the meaning given such term in 
section 3 of the Federal Power Act (16 U.S.C. 796). 
TITLE 
XIX—NUCLEAR 
REGU-
LATORY COMMISSION REOR-
GANIZATION PLAN CODIFICA-
TION AND COMPLEMENTS 
SEC. 10001. SHORT TITLE. 
This title may be cited as the ‘‘Nuclear Regulatory 
Commission Reorganization Plan Codification and Com-
plements Act’’. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00283
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
284 
Subtitle A—Replacement of 
Reorganization Plan 
SEC. 10011. GENERAL FUNCTIONS. 
(a) FUNCTIONS.—Those functions of the Nuclear 
Regulatory Commission (in this subtitle referred to as the 
‘‘Commission’’) concerned with— 
(1) policy formulation; 
(2) rulemaking, as defined in section 553 of 
title 5 of the United States Code, except that those 
matters set forth in 553 (a)(2) and (b) which do not 
pertain to policy formulation orders or adjudications 
shall be reserved to the Chairman of the Commis-
sion; 
(3) orders and adjudications, as defined in sec-
tion 551 (6) and (7) of title 5 of the United States 
Code; and 
(4) approving the distribution of appropriated 
funds according to programs and purposes proposed 
by the Executive Director for Operations, 
shall remain vested in the Commission. A majority of the 
Commission may determine, in an area of doubt, whether 
any matter, action, question, or area of inquiry pertains 
to one of these functions. Any member of the Commission 
may request such a vote. Any member of the Commission 
may propose a policy matter for consideration by the Com-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00284
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
285 
mission. All members of the Commission shall have full, 
unfettered, timely, and equal access to information per-
taining to its functions. The performance of any portion 
of these functions may be delegated by the Commission 
to a member of the Commission, including the Chairman 
of the Commission (in this subtitle referred to as the 
‘‘Chairman’’) and to the staff. 
(b) OFFICERS AND EMPLOYEES.— 
(1) OFFICERS.—With respect to the following 
officers or successor officers duly established by stat-
ute or by the Commission, the Chairman shall ini-
tiate the appointment, subject to the approval of the 
Commission, and the Chairman or a member of the 
Commission may initiate an action for removal, sub-
ject to the approval of the Commission by majority 
vote: 
(A) Executive Director for Operations. 
(B) Chief and Deputy Chief Financial Of-
ficer. 
(C) General Counsel. 
(D) Director of the Office of Commission 
Appellate Adjudication. 
(E) Secretary of the Commission. 
(F) Director of the Office of Public Af-
fairs. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00285
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
286 
(G) Director of the Office of Congressional 
Affairs. 
(H) Director of the Office of International 
Programs. 
(I) Chief Administrative Judge and mem-
bers of the Atomic Safety and Licensing Board 
Panel. 
Any performance evaluation or rating of the officers 
listed in subparagraphs (A) through (I) shall be de-
termined by a majority vote of the members of the 
Commission. 
(2) REPLACEMENT OF OFFICERS.—(A) In the 
event of a vacancy in a position described in para-
graph (1), the Chairman may designate an acting 
officer for a maximum of 60 days, after which any 
further extension must be approved by the Commis-
sion. If, at the end of 60 days, the Commission has 
not approved the appointment of an officer proposed 
by the Chairman, or the Chairman has not proposed 
one, any Commissioner may initiate the appointment 
subject to approval of the Commission. 
(B) With respect to the following officers or 
successor officers duly established by statute or by 
the Commission, the Chairman, after consultation 
with the Executive Director for Operations, shall ini-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00286
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
287 
tiate the appointment, subject to the approval of the 
Commission, and the Chairman, or a member of the 
Commission may initiate an action for removal, sub-
ject to the approval of the Commission by majority 
vote: 
(i) Director of the Office of Nuclear Reac-
tor Regulation. 
(ii) Director of the Office of Nuclear Mate-
rial Safety and Safeguards. 
(iii) Director of the Office of Nuclear Reg-
ulatory Research. 
(iv) Director of the Office of Nuclear Secu-
rity and Incident Response. 
(v) Director of the Office of New Reactors. 
(vi) Director of the Office of Federal and 
State Materials and Environmental Manage-
ment Programs. 
(vii) Director of the Office of Investiga-
tions. 
(viii) Director of the Office of Enforce-
ment. 
(3) APPOINTMENT
OF
ADVISORY
COMMITTEE 
ON
REACTOR
SAFEGUARDS.—The Chairman or a 
member of the Commission shall initiate the ap-
pointment of the Members of the Advisory Com-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00287
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
288 
mittee on Reactor Safeguards, subject to the ap-
proval of the Commission. The provisions for ap-
pointment of the Chairman of the Advisory Com-
mittee on Reactor Safeguards and the term of the 
members shall not be affected by the provisions of 
this subtitle. 
(4) DELEGATION
OF
STAFF
SUPERVISION 
FUNCTIONS.—The Commission shall delegate the 
function of appointing, removing, and supervising 
the staff of the following offices or successor offices 
to the respective heads of such offices: Executive Di-
rector for Operations, General Counsel, Secretary of 
the Commission, Chief Financial Officer, Office of 
Commission Appellate Adjudication, Office of Con-
gressional Affairs, Office of Public Affairs, and Of-
fice of International Programs. The Commission 
shall delegate the functions of appointing, removing, 
and supervising the staff of the following panels and 
committee to the respective Chairmen thereof: Atom-
ic Safety and Licensing Board Panel and Advisory 
Committee on Reactor Safeguards. 
(c) COMMISSION MEMBER OFFICES.—Each member 
of the Commission shall appoint, remove, and supervise 
the personnel employed in his or her immediate office. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00288
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
289 
(d) PERFORMANCE OF FUNCTIONS.—The Commis-
sion shall act as provided by section 201(a)(1) of the En-
ergy Reorganization Act of 1974 (42 U.S.C. 5841(a)(1)) 
in the performance of its functions as described in sub-
sections (a) and (b) of this section. 
SEC. 10012. CHAIRMAN. 
(a) FUNCTIONS.—Except as otherwise provided in 
section 10011, all functions of the Commission shall rest 
with the Chairman. The Chairman shall be the official 
spokesman for the Commission and, as such, shall rep-
resent the policies determined by a majority of the Com-
mission. 
(b) ADDITIONAL FUNCTIONS.—The Chairman shall 
also be the principal executive officer of the Commission, 
and shall be responsible to the Commission for assuring 
that the Executive Director for Operations and the staff 
of the Commission (other than the officers and staff re-
ferred to in section 10011(b)(4) and (c)) are responsive 
to the requirements of the Commission in the performance 
of its functions; shall determine the use and expenditure 
of funds of the Commission, in accordance with the dis-
tribution of appropriated funds according to programs and 
purposes approved by the Commission; shall present to the 
Commission for its consideration the proposals set forth 
in paragraph (3); and shall be responsible for the following 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00289
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
290 
functions, which the Chairman shall delegate, subject to 
the Chairman’s direction and supervision, to the Executive 
Director for Operations unless otherwise provided by this 
title: 
(1) Administrative functions of the Commission. 
(2) Distribution of business among such per-
sonnel and among administrative units and offices of 
the Commission. 
(3) Preparation of proposals for the reorganiza-
tion of the major offices of the Commission. 
(4) Appointing and removing, without any fur-
ther action by the Commission, all officers and em-
ployees under the Commission other than those 
whose appointment and removal are specifically pro-
vided for by section 10011(b) and (c). 
(c) GOVERNING PRINCIPLES.— 
(1) IN GENERAL.—The Chairman as principal 
executive officer and the Executive Director for Op-
erations shall be governed by the general policies of 
the Commission and by such regulatory decisions, 
findings, and determinations, including those for re-
organization proposals, budget revisions, and dis-
tribution of appropriated funds, as the Commission 
may by law, including this subtitle, be authorized to 
make. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00290
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
291 
(2) FULL AND CURRENT INFORMATION.—The 
Chairman and the Executive Director for Operations 
shall have joint responsibility insuring that the Com-
mission is fully and currently informed about mat-
ters within its functions. 
(3) FAILURE TO ACT IN ACCORDANCE.—If a 
majority of Commissioners determine that the Chair-
man has not acted in accordance with paragraph (1) 
or (2), such Commissioners shall provide written no-
tice of the determination to the President and pro-
vide copies thereof to the Committee on Energy and 
Commerce of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate. 
SEC. 10013. EMERGENCY AUTHORITY. 
(a) IN GENERAL.—Notwithstanding sections 10001 
and 10002, the Chairman is authorized to exercise emer-
gency authority described in paragraph (4), subject to the 
following limitations: 
(1) The Chairman may not exercise emergency 
authority unless and until the Chairman declares a 
specific emergency exists and, not later than 24 
hours after such declaration, notifies— 
(A) the Commission, the Committee on 
Energy and Commerce of the House of Rep-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00291
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
292 
resentatives, and the Committee on Environ-
ment and Public Works of the Senate, in writ-
ing; and 
(B) the public. 
(2) The Chairman may only exercise emergency 
authority in response to— 
(A) an imminent safety threat pertaining 
to a facility or materials licensed or regulated 
by the Commission; or 
(B) a determination by the Secretary of 
Homeland Security, the Secretary of Energy, 
the Secretary of Transportation, the Director of 
the Federal Bureau of Investigation, the Direc-
tor of the Central Intelligence Agency, or the 
Director of National Intelligence of an immi-
nent security threat to a facility or materials li-
censed or regulated by the Commission. 
Where authority is exercised pursuant to this sec-
tion, public notification may be delayed provided 
that the Chairman determines that prior public dis-
closure would constitute a risk to public health and 
safety and so notifies the Commission, the Com-
mittee on Energy and Commerce of the House of 
Representatives, and the Committee on Environment 
and Public Works of the Senate. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00292
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
293 
(3) The Chairman may only exercise emergency 
authority for the duration of the emergency or 30 
days, whichever is less. The Commission may ap-
prove extensions of that time. Each extension is lim-
ited to 30 days and requires notification of the pub-
lic, the Committee on Energy and Commerce of the 
House of Representatives, and the Committee on 
Environment and Public Works of the Senate. 
(4) The Chairman’s emergency authority in-
cludes the functions of responding to, issuing orders 
respecting, advising United States civil authorities 
and the United States public about, and directing 
and coordinating actions relative to such emergency 
incident. 
(b) DELEGATION.—The Chairman may delegate the 
authority to perform such emergency functions, in whole 
or in part, to any of the other members of the Commission. 
Such authority may also be delegated or redelegated, in 
whole or in part, to the staff of the Commission. 
(c) CONSULTATION.—To the extent practicable, the 
Chairman shall consult with the full Commission on any 
regulatory or policy actions to be taken under an emer-
gency. Such consultations shall be exempt from the re-
quirements of section 552b of title 5, United States Code 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00293
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
294 
(commonly referred to as the ‘‘Government in the Sun-
shine Act’’). 
(d) GUIDELINES AND NOTICE.—In acting under this 
section, the Chairman, or other member of the Commis-
sion delegated authority under subsection (b), shall con-
form to the policy guidelines of the Commission. 
(e) TERMINATION
OF EMERGENCY.—Upon termi-
nation of the emergency, the Chairman shall immediately 
notify the Commission, the public, the Committee on En-
ergy and Commerce of the House of Representatives, and 
the Committee on Environment and Public Works of the 
Senate. 
(f) REPORT.—Within 30 days following the conclu-
sion of the emergency, the Chairman, or the member of 
the Commission or member of the staff delegated the 
emergency functions under subsection (b), shall render a 
complete report of all actions taken during the emergency, 
specifically delineating actions taken utilizing the author-
ity provided in this section, to the Commission, the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives, and the Committee on Environment and 
Public Works of the Senate. 
(g) COMMISSION PROCEDURES.—Not later than 90 
days after the date of enactment of this Act, the Commis-
sion shall revise its procedures to comply with the require-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00294
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
295 
ments of this section. Such revision shall define the roles 
of the Commissioners during an emergency, specifying— 
(1) complete access to records and information 
relating to actions taken during the emergency; 
(2) complete access to Commission staff in-
volved in the management of the emergency; 
(3) complete access to the location or locations 
where decisions are made during the emergency; and 
(4) participation in decisions that may affect 
Commission actions and policies beyond the response 
to a particular emergency to the extent practicable. 
SEC. 10014. REPORTING. 
(a) DELEGATION; DIRECT COMMUNICATION.—The 
Chairman may make such delegations and provide for 
such reporting as the Chairman deems necessary, subject 
to provisions of law. Any officer or employee under the 
Commission may communicate directly to the Commission, 
or to any member of the Commission, whenever in the view 
of such officer or employee a critical problem, or matter 
of public health and safety or common defense and secu-
rity, is not being properly addressed. 
(b) EXECUTIVE DIRECTOR FOR OPERATIONS.—The 
Executive Director for Operations shall report for all mat-
ters to the Chairman. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00295
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
296 
(c) FUNCTIONS.—The Directors of Nuclear Reactor 
Regulations, Nuclear Material Safety and Safeguards, and 
Nuclear Regulatory Research shall report to the Executive 
Director for Operations. 
(d) DIRECT REPORTING.—The heads of the Commis-
sion level offices or successor offices, of General Counsel, 
Secretary of the Commission, Commission Appellate Adju-
dication, Congressional Affairs, Public Affairs, Inter-
national Programs, Atomic Safety and Licensing Board 
Panel, and Advisory Committee on Reactor Safeguards 
shall report directly to the Commission and the Commis-
sion shall receive such reports. 
SEC. 10015. RESCISSION OF REORGANIZATION PLAN AP-
PROVAL. 
Approval of Reorganization Plan No. 1 of 1980 (5 
U.S.C. App. 1) is rescinded. 
Subtitle B—Miscellaneous 
SEC. 10021. CERTIFICATION OF DOCUMENTS TRANSMITTED 
TO CONGRESS. 
A letter or other document transmitted by the Nu-
clear Regulatory Commission, on behalf of the full Com-
mission, to a member of Congress in his or her capacity 
as chairman or ranking minority member of a Committee 
of Congress, shall include a certification that the letter 
or document is being sent to both the Chairman and rank-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00296
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
297 
ing minority member of that Committee in accordance 
with established Commission procedures. 
SEC. 10022. TIME LIMITS FOR COMMISSION REVIEW OF 
ATOMIC SAFETY AND LICENSING BOARD DE-
CISIONS. 
When reviewing the decisions and actions of the 
Atomic Safety and Licensing Board, the Commission shall 
follow the following procedures: 
(1) Each Commissioner shall vote on the matter 
not later than 90 days after receipt of final briefs, 
after which time the Commission shall not further 
delay a decision. Once a majority position is estab-
lished, the Secretary shall notify in writing any 
Commissioners who have not voted that a majority 
position has been established. Any Commissioners 
who have not yet voted shall vote within three days 
of the Secretary’s notice or be considered by the 
Secretary as not participating. 
(2) Not later than 30 days after a majority po-
sition is established, the Commission shall publish 
any resulting decision, including adjudicatory orders 
and direction to agency staff. If a majority position 
is not established due to a tied vote, not later than 
30 days after Commission voting is complete, the 
Commission shall publish any resulting decision, in-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00297
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
298 
cluding adjudicatory orders and direction to agency 
staff. 
SEC. 10023. ALLEGATIONS OF WRONGDOING. 
(a) REFERRAL TO INSPECTOR GENERAL.—Not later 
than 90 days after the date of enactment of this Act, the 
Nuclear Regulatory Commission shall revise its procedures 
to ensure that any allegation of wrongdoing on the part 
of the Chairman of the Commission is immediately re-
ferred to the Inspector General of the Commission. 
(b) SUPERVISION OF INSPECTOR GENERAL.—During 
the pendency of any investigation by the Inspector General 
of the Chairman with respect to an allegation described 
in subsection (a), the Chairman shall delegate responsi-
bility for supervising the Inspector General to a member 
of the Commission other than the Chairman, consistent 
with the Inspector General Act of 1978. 
SEC. 10024. APPROVAL OF COMMISSIONER TRAVEL. 
The Chairman of the Nuclear Regulatory Commis-
sion shall authorize all international travel requested by 
other members of the Commission for official business un-
less the Chairman submits a notice of disapproval to the 
full Commission specifying the basis for the disapproval. 
The notice of disapproval shall be submitted within 5 days 
after the travel is requested or the travel shall be deemed 
approved. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00298
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
299 
SEC. 10025. IMPLEMENTATION. 
Except as otherwise specified in this title, the Com-
mission shall revise its procedures to conform to this title 
within 180 days of its date of enactment. 
TITLE XX—PERMITTING FOR ON-
SHORE AND OFFSHORE WIND 
ENERGY 
Subtitle A—Offshore Meteorolog-
ical Site Testing and Monitoring 
SEC. 11001. SHORT TITLE. 
This subtitle may be cited at the ‘‘Advancing Off-
shore Wind Production Act’’. 
SEC. 11002. OFFSHORE METEOROLOGICAL SITE TESTING 
AND MONITORING PROJECTS. 
(a) DEFINITION OF AN OFFSHORE METEOROLOG-
ICAL SITE TESTING AND MONITORING PROJECT.—In this 
section, the term ‘‘offshore meteorological site testing and 
monitoring project’’ means a project carried out on or in 
the waters of the Outer Continental Shelf administered 
by the Department of the Interior to test or monitor 
weather (including wind, tidal, current, and solar energy) 
using towers, buoys, or other temporary ocean infrastruc-
ture, that— 
(1) causes— 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00299
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
300 
(A) less than 1 acre of surface or seafloor 
disruption at the location of each meteorological 
tower or other device; and 
(B) not more than 5 acres of surface or 
seafloor disruption within the proposed area af-
fected by for the project (including hazards to 
navigation); 
(2) is decommissioned not more than 5 years 
after the date of commencement of the project, in-
cluding— 
(A) removal of towers, buoys, or other tem-
porary ocean infrastructure from the project 
site; and 
(B) restoration of the project site to ap-
proximately the original condition of the site; 
and 
(3) provides meteorological information ob-
tained by the project to the Secretary of the Inte-
rior. 
(b) OFFSHORE METEOROLOGICAL PROJECT PERMIT-
TING.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior shall by regulation require that any applicant 
seeking to conduct an offshore meteorological site 
testing and monitoring project on the outer Conti-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00300
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
301 
nental Shelf (as that term is defined in the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.)) must obtain a permit and right-of-way for the 
project in accordance with this subsection. 
(2) PERMIT AND RIGHT-OF-WAY TIMELINE AND 
CONDITIONS.— 
(A) DEADLINE FOR APPROVAL.—The Sec-
retary shall decide whether to issue a permit 
and right-of-way for an offshore meteorological 
site testing and monitoring project within 30 
days after receiving an application. 
(B) PUBLIC
COMMENT
AND
CONSULTA-
TION.—During the period referred to in sub-
paragraph (A), the Secretary shall— 
(i) provide an opportunity for submis-
sion of comments by the public; and 
(ii) consult with the Secretary of De-
fense, the Commandant of the Coast 
Guard, and the heads of other Federal, 
State, and local agencies that would be af-
fected by issuance of the permit and right- 
of-way. 
(C) DENIAL OF PERMIT; OPPORTUNITY TO 
REMEDY DEFICIENCIES.—If the application is 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00301
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
302 
denied, the Secretary shall provide the appli-
cant— 
(i) in writing, clear and comprehensive 
reasons why the application was not ap-
proved and detailed information concerning 
any deficiencies in the application; and 
(ii) an opportunity to remedy such de-
ficiencies. 
(c) NEPA EXCLUSION.—Section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) shall not apply with respect to an offshore 
meteorological site testing and monitoring project. 
(d) PROTECTION OF INFORMATION.—The informa-
tion provided to the Secretary of the Interior pursuant to 
subsection (a)(3) shall be treated by the Secretary as pro-
prietary information and protected against disclosure. 
Subtitle B—Onshore Meteorolog-
ical Site Testing and Monitoring 
SEC. 11011. SHORT TITLE. 
This subtitle may be cited at the ‘‘Reducing Regu-
latory Obstacles to Wind Energy Production Act’’. 
SEC. 11012. ONSHORE METEOROLOGICAL SITE TESTING 
AND MONITORING PROJECT. 
(a) DEFINITION OF METEOROLOGICAL SITE TEST-
ING AND MONITORING PROJECT.—In this section, the 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00302
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
303 
term ‘‘meteorological site testing and monitoring project’’ 
means a project carried out on land administered by the 
Bureau of Land Management or the Forest Service to test 
or monitor weather (including wind and solar energy) 
using towers or other devices, that— 
(1) causes— 
(A) less than 1 acre of soil or vegetation 
disruption at the location of each meteorological 
tower or other device; and 
(B) not more than 5 acres of soil or dis-
ruption within the proposed right-of-way for the 
project; 
(2) is installed— 
(A) to the maximum extent practicable, 
using existing access roads; 
(B) in a manner that does not require off- 
road motorized access other than 1 installation 
activity and 1 decommissioning activity along 
an identified off-road route approved by the Di-
rector of the Bureau of Land Management or 
Chief of the Forest Service; 
(C) without construction of new roads 
other than upgrading of existing minor drain-
age crossings for safety purposes; and 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00303
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
304 
(D) without the use of digging or drilling 
equipment vehicles other than rubber-tired vehi-
cles with gross weight ratings under 8,500 
pounds; 
(3) is decommissioned not more than 5 years 
after the date of commencement of the project, in-
cluding— 
(A) removal of any towers, devices, or 
other surface infrastructure from the site; and 
(B) restoration of the site to approximately 
the condition that existed at the time the 
project began; and 
(4) provides meteorological information ob-
tained by the permitted project to the Bureau of 
Land Management and the Forest Service. 
(b) NEPA EXCLUSION.—Section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) shall not apply with respect to a meteorolog-
ical site testing and monitoring project. 
(c) PERMIT TIMELINE AND CONDITIONS.— 
(1) IN GENERAL.—The Director of the Bureau 
of Land Management or Chief of the Forest Service, 
as applicable, shall decide whether to issue a permit 
for a project that is a meteorological site testing and 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00304
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
305 
monitoring project within 30 days after receiving an 
application for the permit. 
(2) PUBLIC COMMENT AND CONSULTATION.— 
During the period referred to in paragraph (1), the 
Director of the Bureau of Land Management or the 
Chief of the Forest Service, as applicable, shall— 
(A) provide an opportunity for submission 
of comments by the public; and 
(B) consult with the heads of other Fed-
eral, State, and local agencies that would be af-
fected by the issuance of the permit. 
(3) DENIAL OF APPLICATION.—If the applica-
tion is denied, the Director or Chief, respectively, 
shall provide the applicant— 
(A) in writing, clear and comprehensive 
reasons why the application was not approved 
and detailed information concerning any defi-
ciencies, and 
(B) an opportunity to remedy any defi-
ciencies. 
(d) PROTECTION OF INFORMATION.—The informa-
tion provided to the Bureau of Land Management and the 
Forest Service pursuant to subsection (a)(4) shall be 
treated by such agency as proprietary information and 
protected against disclosure. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00305
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
306 
TITLE 
XXI—DOMESTIC 
PROS-
PERITY AND GLOBAL FREE-
DOM 
SEC. 12001. SHORT TITLE. 
This title may be cited as the ‘‘Domestic Prosperity 
and Global Freedom Act’’. 
SEC. 12002. AMENDMENTS. 
Section 3(c) of the Natural Gas Act (15 U.S.C. 
717b(c)) is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘For purposes’’; 
(2) by striking ‘‘a nation with which there is in 
effect a free trade agreement requiring national 
treatment for trade in natural gas’’ and inserting ‘‘a 
World Trade Organization member nation’’; and 
(3) by adding at the end the following: 
‘‘(2) For purposes of this subsection, the term ‘World 
Trade Organization member nation’ means a country de-
scribed in section 2(10) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3501(10)).’’. 
SEC. 12003. PENDING APPLICATIONS. 
Any application for authorization to export natural 
gas under section 3 of the Natural Gas Act (15 U.S.C. 
717b) for which a notice has been published in the Federal 
Register before March 6, 2014, shall be granted without 
modification or delay. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00306
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
307 
DIVISION IV—ACCESS TO 
CAPITAL 
TITLE XXII—SMALL BUSINESS 
ACCESS TO CAPITAL 
SEC. 13001. REGISTRATION AND REPORTING EXEMPTIONS 
RELATING TO PRIVATE EQUITY FUNDS ADVI-
SORS. 
Section 203 of the Investment Advisers Act of 1940 
(15 U.S.C. 80b–3) is amended by adding at the end the 
following: 
‘‘(o) EXEMPTION
OF
AND REPORTING REQUIRE-
MENTS BY PRIVATE EQUITY FUNDS ADVISORS.— 
‘‘(1) IN GENERAL.—Except as provided in this 
subsection, no investment adviser shall be subject to 
the registration or reporting requirements of this 
title with respect to the provision of investment ad-
vice relating to a private equity fund or funds, pro-
vided that each such fund has not borrowed and 
does not have outstanding a principal amount in ex-
cess of twice its invested capital commitments. 
‘‘(2) MAINTENANCE OF RECORDS AND ACCESS 
BY COMMISSION.—Not later than 6 months after the 
date of enactment of this subsection, the Commis-
sion shall issue final rules— 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00307
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
308 
‘‘(A) to require investment advisers de-
scribed in paragraph (1) to maintain such 
records and provide to the Commission such an-
nual or other reports as the Commission taking 
into account fund size, governance, investment 
strategy, risk, and other factors, as the Com-
mission determines necessary and appropriate 
in the public interest and for the protection of 
investors; and 
‘‘(B) to define the term ‘private equity 
fund’ for purposes of this subsection.’’. 
TITLE XXIII—COMMUNITY LEND-
ING 
ENHANCEMENT 
AND 
REGULATORY RELIEF 
SEC. 14001. CHANGES REQUIRED TO SMALL BANK HOLDING 
COMPANY POLICY STATEMENT ON ASSESS-
MENT OF FINANCIAL AND MANAGERIAL FAC-
TORS. 
(a) SMALL
BANK
HOLDING
COMPANY
POLICY 
STATEMENT ON ASSESSMENT OF FINANCIAL AND MANA-
GERIAL FACTORS.— 
(1) IN GENERAL.—Before the end of the 6- 
month period beginning on the date of the enact-
ment of this title, the Board of Governors of the 
Federal Reserve System shall publish in the Federal 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00308
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
309 
Register proposed revisions to the Small Bank Hold-
ing Company Policy Statement on Assessment of Fi-
nancial and Managerial Factors (12 C.F.R. part 
225—appendix C) that provide that the policy shall 
apply to a bank holding company which has pro 
forma 
consolidated 
assets 
of 
less 
than 
$5,000,000,000 and that— 
(A) is not engaged in any nonbanking ac-
tivities involving significant leverage; and 
(B) does not have a significant amount of 
outstanding debt that is held by the general 
public. 
(2) ADJUSTMENT OF AMOUNT.—The Board of 
Governors of the Federal Reserve System shall an-
nually adjust the dollar amount referred to in para-
graph (1) in the Small Bank Holding Company Pol-
icy Statement on Assessment of Financial and Man-
agerial Factors by an amount equal to the percent-
age increase, for the most recent year, in total assets 
held by all insured depository institutions, as deter-
mined by the Board. 
(b) INCREASE IN DEBT-TO-EQUITY RATIO OF SMALL 
BANK HOLDING COMPANY.—Before the end of the 6- 
month period beginning on the date of the enactment of 
this title, the Board of Governors of the Federal Reserve 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00309
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
310 
System shall publish in the Federal Register proposed re-
visions to the Small Bank Holding Company Policy State-
ment on Assessment of Financial and Managerial Factors 
(12 C.F.R. part 225—appendix C) such that the debt-to- 
equity ratio allowable for a small bank holding company 
in order to remain eligible to pay a corporate dividend and 
to remain eligible for expedited processing procedures 
under Regulation Y of the Board of Governors of the Fed-
eral Reserve System would increase from 1:1 to 3:1. 
SEC. 14002. ESCROW REQUIREMENTS. 
(a) IN GENERAL.—Section 129D(c) of the Truth in 
Lending Act, as added by section 1461(a) of the Dodd- 
Frank Wall Street Reform and Consumer Protection Act, 
is amended— 
(1) by redesignating paragraphs (1), (2), (3), 
and (4) as subparagraphs (A), (B), (C), and (D) 
and moving such subparagraphs 2 ems to the right; 
(2) striking ‘‘The Board’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—The Board’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) TREATMENT OF LOANS HELD BY SMALLER 
CREDITORS.—The Board shall, by regulation, exempt 
from the requirements of subsection (a) any loan secured 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00310
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
311 
by a first lien on a consumer’s principle dwelling, if such 
loan is held by a creditor with assets of $10,000,000,000 
or less.’’. 
SEC. 14003. EXCEPTION TO ANNUAL PRIVACY NOTICE RE-
QUIREMENT UNDER THE GRAMM-LEACH-BLI-
LEY ACT. 
Section 503 of the Gramm-Leach-Bliley Act (15 
U.S.C. 6803) is amended by adding at the end the fol-
lowing: 
‘‘(f) EXCEPTION
TO ANNUAL NOTICE REQUIRE-
MENT.—A financial institution that— 
‘‘(1) provides nonpublic personal information 
only in accordance with the provisions of subsection 
(b)(2) or (e) of section 502 or regulations prescribed 
under section 504(b), and 
‘‘(2) has not changed its policies and practices 
with regard to disclosing nonpublic personal infor-
mation from the policies and practices that were dis-
closed in the most recent disclosure sent to con-
sumers in accordance with this subsection, 
shall not be required to provide an annual disclosure under 
this subsection until such time as the financial institution 
fails to comply with any criteria described in paragraph 
(1) or (2).’’. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00311
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
312 
SEC. 14004. ACCOUNTING PRINCIPLES COST-BENEFIT RE-
QUIREMENTS. 
Section 19(b) of the Securities Act of 1933 (15 
U.S.C. 77s(b)) is amended by adding at the end the fol-
lowing: 
‘‘(3) 
GENERALLY
ACCEPTED
ACCOUNTING 
PRINCIPLES
COST-BENEFIT
REQUIREMENTS.—The 
Commission or its designee shall conduct analyses of 
the costs and benefits (including economic benefits) 
of any new or amended accounting principle de-
scribed under paragraph (1), and may not recognize 
such new or amended accounting principle, unless 
the Commission or its designee determines that the 
benefits to investors of such new or amended ac-
counting principle significantly outweigh its costs.’’. 
SEC. 14005. COMMUNITY BANK EXEMPTION FROM ANNUAL 
MANAGEMENT ASSESSMENT OF INTERNAL 
CONTROLS 
REQUIREMENT 
OF 
THE 
SAR-
BANES-OXLEY ACT OF 2002. 
Section 404 of the Sarbanes-Oxley Act of 2002 (15 
U.S.C. 7262) is amended by adding the following new sub-
section: 
‘‘(d) COMMUNITY BANK EXEMPTION.— 
‘‘(1) IN GENERAL.—This section shall not apply 
in any year to any insured depository institution 
which, as of the close of the preceding year, had 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00312
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
313 
total assets, as determined on a consolidated basis, 
of $10,000,000,000 or less. 
‘‘(2) ADJUSTMENT OF AMOUNT.—The Commis-
sion shall annually adjust the dollar amount in para-
graph (1) by an amount equal to the percentage in-
crease, for the most recent year, in total assets held 
by all depository institutions, as reported by the 
Federal Deposit Insurance Corporation.’’. 
SEC. 14006. CERTAIN LOANS INCLUDED AS QUALIFIED 
MORTGAGES. 
Section 129C(b)(2) of the Truth in Lending Act (15 
U.S.C. 1639c(b)(2)) is amended— 
(1) in subparagraph (A)— 
(A) in clause (viii), by striking ‘‘and’’ at 
the end; 
(B) in clause (ix), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(x) that is originated and retained in 
portfolio for a period of at least 3 years by 
a 
creditor 
having 
less 
than 
$10,000,000,000 in total assets.’’; and 
(2) in subparagraph (E)— 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00313
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
314 
(A) by striking ‘‘The Board may, by regu-
lation’’ and inserting ‘‘The Bureau shall, by 
regulation’’; and 
(B) by amending clause (iv) to read as fol-
lows: 
‘‘(iv) that is extended by a creditor 
that— 
‘‘(I) originates and retains the 
balloon loans in portfolio for a period 
of at least 3 years; and 
‘‘(II) together with all affiliates, 
has total assets of $10,000,000,000 or 
less.’’. 
SEC. 14007. INCREASE IN SMALL SERVICER EXEMPTION. 
Section 6 of the Real Estate Settlement Procedures 
Act of 1974 (12 U.S.C. 2605) is amended by adding at 
the end the following: 
‘‘(n) SMALL SERVICER EXEMPTION.—The Bureau 
shall, by regulation, provide exemptions to, or adjustments 
for, the provisions of this section for servicers that service 
20,000 or fewer mortgage loans, in order to reduce regu-
latory burdens while appropriately balancing consumer 
protections.’’. 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00314
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
315 
SEC. 14008. APPRAISER QUALIFICATION THRESHOLD. 
Section 1112(b) of the Financial Institutions Reform, 
Recovery, and Enforcement Act of 1989 (12 U.S.C. 
3341(b)) is amended— 
(1) by striking ‘‘may establish a threshold level 
at or’’ and inserting ‘‘shall establish a threshold level 
of $250,000,’’; and 
(2) by striking ‘‘transactions, if’’ and inserting 
‘‘transactions. Each Federal financial institutions 
regulatory agency and the Resolution Trust Cor-
poration may establish a higher threshold than 
$250,000, if’’. 
SEC. 14009. COORDINATION AMONG FINANCIAL INSTITU-
TIONS. 
Chapter 53 of title 31, United States Code, is amend-
ed— 
(1) by inserting after section 5332 the following 
new section: 
‘‘§ 5333. Coordination among financial institutions 
‘‘(a) IN GENERAL.—In the case of an entry received 
via an automated clearing house, no receiving depository 
financial institution shall be required to verify that the 
entry is not a prohibited transaction, if the originating de-
pository financial institution has warranted, pursuant to 
the automated clearing house rules governing such entry 
or otherwise, that the originating depository financial in-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00315
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
316 
stitution has complied with the sanctions programs admin-
istered by the Office of Foreign Assets Control in connec-
tion with such entry. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
‘‘(1) 
AUTOMATED
CLEARING
HOUSE.—The 
term ‘automated clearing house’ means a funds 
transfer system governed by rules which provide for 
the interbank clearing of electronic entries for par-
ticipating depository financial institutions. 
‘‘(2) DEPOSITORY
FINANCIAL
INSTITUTION.— 
The term ‘depository financial institution’ means— 
‘‘(A) any insured depository institution, as 
such term is defined under section 3 of the 
Federal Deposit Insurance Act (12 U.S.C. 
1813); 
‘‘(B) any depository institution which is el-
igible to apply to become an insured depository 
institution under section 5 of the Federal De-
posit Insurance Act (12 U.S.C. 1815); 
‘‘(C) any insured credit union, as defined 
in section 101 of the Federal Credit Union Act 
(12 U.S.C. 1752); and 
‘‘(D) any credit union which is eligible to 
apply to become an insured credit union pursu-
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00316
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
317 
ant to section 201 of the Federal Credit Union 
Act (12 U.S.C. 1781). 
‘‘(3) ENTRY.—The term ‘entry’ means an order 
to request for the transfer of funds through an auto-
mated clearing house. 
‘‘(4) ORIGINATING DEPOSITORY FINANCIAL IN-
STITUTION.—The term ‘originating depository finan-
cial institution’ means a depository financial institu-
tion that transmits entries via an automated clearing 
house for transmittal to a receiving depository finan-
cial institution. 
‘‘(5) PROHIBITED
TRANSACTION.—The term 
‘prohibited transaction’ means a funds transfer 
originated on behalf of a person to or from whom 
funds transfers are restricted by a sanctions pro-
gram administered by the Office of Foreign Assets 
Control, including persons appearing on the list of 
specially designated nationals and blocked persons 
maintained by the Office of Foreign Assets Control. 
‘‘(6) RECEIVING DEPOSITORY FINANCIAL INSTI-
TUTION.—The term ‘receiving depository financial 
institution’ means a depository financial institution 
that receives entries via an automated clearing house 
from an originating depository financial institution 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00317
Fmt 6652
Sfmt 6201
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS
318 
for debit or credit to the accounts of its customers.’’; 
and 
(2) in the table of contents for such chapter by 
inserting after the item relating to section 5332 the 
following new item: 
‘‘5333. Coordination among financial institutions.’’. 
Æ 
VerDate Mar 15 2010 
00:16 Mar 29, 2014
Jkt 039200
PO 00000
Frm 00318
Fmt 6652
Sfmt 6301
E:\BILLS\H4304.IH
H4304
rfrederick on DSK6VPTVN1PROD with BILLS