HR 4480 RFS
SEC. 542. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS 
RELATING TO COVERED ENERGY PROJECTS. 
Venue for any covered civil action shall lie in the dis-
trict court where the project or leases exist or are pro-
posed. 
SEC. 543. TIMELY FILING. 
To ensure timely redress by the courts, a covered civil 
action must be filed no later than the end of the 90-day 
period beginning on the date of the final Federal agency 
action to which it relates. 
SEC. 544. EXPEDITION IN HEARING AND DETERMINING THE 
ACTION. 
The court shall endeavor to hear and determine any 
covered civil action as expeditiously as possible. 
SEC. 545. STANDARD OF REVIEW. 
In any judicial review of a covered civil action, admin-
istrative findings and conclusions relating to the chal-
lenged Federal action or decision shall be presumed to be 
correct, and the presumption may be rebutted only by the 
preponderance of the evidence contained in the adminis-
trative record. 
SEC. 546. LIMITATION ON INJUNCTION AND PROSPECTIVE 
RELIEF. 
In a covered civil action, the court shall not grant 
or approve any prospective relief unless the court finds 
that such relief is narrowly drawn, extends no further than 
VerDate Mar 15 2010 
00:50 Jun 26, 2012
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H4480.RFS
H4480
smartinez on DSK6TPTVN1PROD with BILLS
HR 4480 RFS
necessary to correct the violation of a legal requirement, 
and is the least intrusive means necessary to correct that 
violation. In addition, courts shall limit the duration of 
preliminary injunctions to halt covered energy projects to 
no more than 60 days, unless the court finds clear reasons 
to extend the injunction. In such cases of extensions, such 
extensions shall only be in 30-day increments and shall 
require action by the court to renew the injunction. 
SEC. 547. LIMITATION ON ATTORNEYS’ FEES. 
Sections 504 of title 5, United States Code, and 2412 
of title 28, United States Code, (together commonly called 
the Equal Access to Justice Act) do not apply to a covered 
civil action, nor shall any party in such a covered civil ac-
tion receive payment from the Federal Government for 
their attorneys’ fees, expenses, and other court costs. 
SEC. 548. LEGAL STANDING. 
Challengers filing appeals with the Department of the 
Interior Board of Land Appeals shall meet the same 
standing requirements as challengers before a United 
States district court. 
VerDate Mar 15 2010 
00:50 Jun 26, 2012
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H4480.RFS
H4480
smartinez on DSK6TPTVN1PROD with BILLS
HR 4480 RFS
TITLE 
VI—EXPEDITIOUS 
PRO-
GRAM OF OIL AND GAS LEAS-
ING IN THE NATIONAL PE-
TROLEUM RESERVE IN ALAS-
KA 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘National Petroleum 
Reserve Alaska Access Act’’. 
SEC. 602. SENSE OF CONGRESS AND REAFFIRMING NA-
TIONAL POLICY FOR THE NATIONAL PETRO-
LEUM RESERVE IN ALASKA. 
It is the sense of Congress that— 
(1) the National Petroleum Reserve in Alaska 
remains explicitly designated, both in name and legal 
status, for purposes of providing oil and natural gas 
resources to the United States; and 
(2) accordingly, the national policy is to actively 
advance oil and gas development within the Reserve 
by facilitating the expeditious exploration, produc-
tion, and transportation of oil and natural gas from 
and through the Reserve. 
VerDate Mar 15 2010 
00:50 Jun 26, 2012
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H4480.RFS
H4480
smartinez on DSK6TPTVN1PROD with BILLS
HR 4480 RFS
SEC. 603. NATIONAL PETROLEUM RESERVE IN ALASKA: 
LEASE SALES. 
Section 107(a) of the Naval Petroleum Reserves Pro-
duction Act of 1976 (42 U.S.C. 6506a(a)) is amended to 
read as follows: 
‘‘(a) IN GENERAL.—The Secretary shall conduct an 
expeditious program of competitive leasing of oil and gas 
in the reserve in accordance with this Act. Such program 
shall include at least one lease sale annually in those areas 
of the reserve most likely to produce commercial quantities 
of oil and natural gas each year in the period 2011 
through 2021.’’. 
SEC. 604. NATIONAL PETROLEUM RESERVE IN ALASKA: 
PLANNING AND PERMITTING PIPELINE AND 
ROAD CONSTRUCTION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of the Interior, in consultation 
with the Secretary of Transportation, shall facilitate and 
ensure permits, in an environmentally responsible manner, 
for all surface development activities, including for the 
construction of pipelines and roads, necessary to— 
(1) develop and bring into production any areas 
within the National Petroleum Reserve in Alaska 
that are subject to oil and gas leases; and 
(2) transport oil and gas from and through the 
National Petroleum Reserve in Alaska to existing 
VerDate Mar 15 2010 
00:50 Jun 26, 2012
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H4480.RFS
H4480
smartinez on DSK6TPTVN1PROD with BILLS
HR 4480 RFS
transportation or processing infrastructure on the 
North Slope of Alaska. 
(b) TIMELINE.—The Secretary shall ensure that any 
Federal permitting agency shall issue permits in accord-
ance with the following timeline: 
(1) Permits for such construction for transpor-
tation of oil and natural gas produced under existing 
Federal oil and gas leases with respect to which the 
Secretary has issued a permit to drill shall be ap-
proved within 60 days after the date of enactment 
of this Act. 
(2) Permits for such construction for transpor-
tation of oil and natural gas produced under Federal 
oil and gas leases shall be approved within 6 months 
after the submission to the Secretary of a request 
for a permit to drill. 
(c) PLAN.—To ensure timely future development of 
the Reserve, within 270 days after the date of the enact-
ment of this Act, the Secretary of the Interior shall submit 
to Congress a plan for approved rights-of-way for a plan 
for pipeline, road, and any other surface infrastructure 
that may be necessary infrastructure that will ensure that 
all leasable tracts in the Reserve are within 25 miles of 
an approved road and pipeline right-of-way that can serve 
future development of the Reserve. 
VerDate Mar 15 2010 
00:50 Jun 26, 2012
Jkt 019200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H4480.RFS
H4480
smartinez on DSK6TPTVN1PROD with BILLS
HR 4480 RFS
SEC. 605. DEPARTMENTAL ACCOUNTABILITY FOR DEVEL-
OPMENT. 
(a) IN GENERAL.—The Secretary of the Interior shall 
issue regulations within 180 days after the date of enact-
ment of this Act that establish clear requirements to en-
sure that the Department of the Interior is supporting de-
velopment of oil and gas leases in the National Petroleum 
Reserve in Alaska. 
(b) DEADLINES.—At a minimum, the regulations 
shall— 
(1) require the Department to respond within 5 
business days acknowledging receipt of any permit 
application for such development; 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) provide 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. 
(c) ACTIONS REQUIRED FOR FAILURE TO COMPLY 
WITH DEADLINES.—If the Department fails to comply 
with any deadline under subsection (b) with respect to a 
permit application, the Secretary shall notify the applicant 
every 5 days with specific information regarding the rea-
VerDate Mar 15 2010 
00:50 Jun 26, 2012
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H4480.RFS
H4480
smartinez on DSK6TPTVN1PROD with BILLS
HR 4480 RFS
sons for the permit delay, the name of the specific Depart-
ment office or offices responsible for issuing the permit 
and for monitoring the permit delay, and an estimate of 
the time that the permit will be issued. 
(d) ADDITIONAL
INFRASTRUCTURE.—Within 180 
days after the date of enactment of this Act, the Secretary 
of the Interior shall approve, after consultation with the 
State of Alaska and public comment, right-of-way cor-
ridors for the construction of 2 separate additional bridges 
and pipeline rights-of-way to help facilitate timely oil and 
gas development of the Reserve. 
SEC. 606. 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 after 
the date of the enactment of this Act. 
VerDate Mar 15 2010 
00:50 Jun 26, 2012
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H4480.RFS
H4480
smartinez on DSK6TPTVN1PROD with BILLS
HR 4480 RFS
(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. 
SEC. 607. COLVILLE RIVER DESIGNATION. 
The designation by the Environmental Protection 
Agency of the Colville River Delta as an Aquatic Resource 
of National Importance shall have no force or effect. 
TITLE 
VII—INTERNET-BASED 
ONSHORE 
OIL 
AND 
GAS 
LEASE SALES 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘BLM Live Internet 
Auctions Act’’. 
SEC. 702. 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 
VerDate Mar 15 2010 
00:50 Jun 26, 2012
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H4480.RFS
H4480
smartinez on DSK6TPTVN1PROD with BILLS
HR 4480 RFS
process, the Secretary may conduct onshore lease sales 
through Internet-based bidding methods. Each individual 
Internet-based lease sale shall conclude within 7 days.’’. 
(b) REPORT.—Not later than 90 days after the tenth 
Internet-based lease sale conducted under the amendment 
made by subsection (a), the Secretary of the Interior shall 
analyze the first 10 such lease sales and report to 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-
VerDate Mar 15 2010 
00:50 Jun 26, 2012
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H4480.RFS
H4480
smartinez on DSK6TPTVN1PROD with BILLS
HR 4480 RFS
ties for fraud or collusion, and ensure the security 
and integrity of the leasing process. 
TITLE VIII—SERVICE OVER THE 
COUNTER, SELF-CONTAINED, 
MEDIUM TEMPERATURE COM-
MERCIAL REFRIGERATORS 
SEC. 801. SERVICE OVER THE COUNTER, SELF-CONTAINED, 
MEDIUM TEMPERATURE COMMERCIAL RE-
FRIGERATORS. 
Section 342(c) of the Energy Policy and Conservation 
Act (42 U.S.C. 6313(c)) is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraphs (B) 
and (C) as subparagraphs (D) and (E), respec-
tively; and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) The term ‘(SOC-SC-M)’ means a medium 
temperature commercial refrigerator— 
‘‘(i) with a self-contained condensing unit 
and equipped with sliding or hinged doors in 
the back intended for use by sales personnel, 
and with glass or other transparent material in 
the front for displaying merchandise; and 
VerDate Mar 15 2010 
00:50 Jun 26, 2012
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H4480.RFS
H4480
smartinez on DSK6TPTVN1PROD with BILLS
HR 4480 RFS
‘‘(ii) that has a height not greater than 66 
inches and is intended to serve as a counter for 
transactions between sales personnel and cus-
tomers. 
‘‘(C) The term ‘TDA’ means the total display 
area (ft2 ) of the refrigerated case, as defined in Air- 
Conditioning, Heating, and Refrigeration Institute 
Standard 1200.’’; 
(2) by redesignating paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively; and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) Each SOC-SC-M manufactured on or after the 
date which is 6 months after the date of enactment of 
the Better Use of Refrigerator Regulations Act shall have 
a total daily energy consumption (in kilowatt hours per 
day) of not more than 0.6 x TDA + 1.0.’’. 
TITLE IX—MISCELLANEOUS 
PROVISIONS 
SEC. 901. LIMITATION ON TRANSFER OF FUNCTIONS 
UNDER THE MINING LAW PROGRAM OR THE 
SOLID MINERALS LEASING PROGRAM. 
The Secretary of the Interior may not transfer to the 
Office of Surface Mining Reclamation and Enforcement 
any responsibility or authority to perform any function 
VerDate Mar 15 2010 
00:50 Jun 26, 2012
Jkt 019200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H4480.RFS
H4480
smartinez on DSK6TPTVN1PROD with BILLS