I 
112TH CONGRESS 
2D SESSION 
H. R. 4301 
To contribute to the growth of the American economy and the strength 
of American national security by streamlining regulatory permitting pro-
cedures and increasing domestic production from all energy sources. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 29, 2012 
Mr. DUNCAN of South Carolina (for himself, Mr. WILSON of South Carolina, 
Mr. POE of Texas, Mr. HARRIS, Mr. WESTMORELAND, Mr. GOHMERT, 
Mr. GRAVES of Georgia, Mr. BROUN of Georgia, Mr. MULVANEY, Mr. 
SCOTT of South Carolina, Mr. GOWDY, and Mr. LANDRY) introduced the 
following bill; which was referred to the Committee on Natural Resources, 
and in addition to the Committees on Energy and Commerce, Transpor-
tation and Infrastructure, the Judiciary, Rules, Ways and Means, Agri-
culture, Armed Services, and Oversight and Government Reform, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To contribute to the growth of the American economy and 
the strength of American national security by stream-
lining regulatory permitting procedures and increasing 
domestic production from all energy sources. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energy Exploration 
and Production to Achieve National Demand Act’’ or the 
‘‘EXPAND Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is the following: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Findings and purposes. 
Sec. 4. Statement of policy. 
Sec. 5. Definitions. 
TITLE I—DEVELOPMENT OF FEDERAL ENERGY RESOURCES 
Subtitle A—Oil and Gas Leasing in the Gulf of Mexico 
Sec. 101. Leasing in the Eastern Gulf of Mexico. 
Sec. 102. Extension of deepwater oil and natural gas leases in Gulf of Mexico. 
Subtitle B—Scheduled Leasing, Exploration, and Development of Oil and 
Natural Gas in the Federal Outer Continental Shelf 
Sec. 121. Expanded outer Continental Shelf lease sales. 
Sec. 122. Geological and geophysical activities in expanded leasing areas. 
Sec. 123. Payments from areas newly available to leasing. 
Sec. 124. Definitions under the Outer Continental Shelf Lands Act. 
Sec. 125. Determination of adjacent zones and planning areas. 
Subtitle C—Leasing, Exploration, and Development of Oil and Natural Gas 
Resources in Portions of the Coastal Plain of Alaska 
Sec. 131. Establishment of leasing program for Coastal Plain. 
Sec. 132. Conduct of leasing program. 
Sec. 133. Federal and State distribution of revenues. 
Sec. 134. Rights-of-way across the Coastal Plain. 
Sec. 135. Conveyance. 
Sec. 136. Local government impact aid and community service assistance. 
Subtitle D—Improvement of Interagency Coordination and Cooperation in the 
Processing of Federal Permits for Production of Domestic Oil and Gas Re-
sources 
Sec. 141. Regulatory certainty. 
Sec. 142. Regional offices and regional permit coordinators. 
Sec. 143. Reviews and actions of Federal agencies. 
Sec. 144. Lead agency. 
Sec. 145. Congressional review of agency rulemaking. 
Sec. 146. State coordination regarding Federal oil and gas permitting. 
Sec. 147. State consultation. 
Sec. 148. Savings provision. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
Sec. 149. Review of agency permitting decisions. 
Sec. 150. Deadline for decision on agency appeals. 
Subtitle E—Prohibition on New Wilderness or Wilderness Study Areas on 
Lands Administered by the BLM Without Congressional Approval; Indian 
Land Development 
Sec. 161. Repeal of Executive order. 
Sec. 162. Wilderness designation procedures. 
Sec. 163. Future executive branch actions. 
Sec. 164. Leases for development of natural resources on Indian lands. 
Subtitle F—Legal Causes and Claims Pertaining to the Leasing and Develop-
ment of Federal Lands for Exploration and Production of Oil, Natural 
Gas, Associated Hydrocarbons, and Oil Shale 
Sec. 171. Oil shale, tar sands, and other strategic unconventional fuels. 
Sec. 172. Energy production on Federal lands. 
Sec. 173. Jurisdiction. 
Sec. 174. Judicial review. 
Sec. 175. Time for filing petition for judicial review; standing, filing of record. 
Sec. 176. Limitation on scope of review and relief. 
Sec. 177. Exclusion. 
Subtitle G—Development of Solar and Wind Energy on Public Land 
Sec. 181. Definitions. 
Sec. 182. Programmatic environmental impact statements and land use plan-
ning. 
Sec. 183. Development of solar and wind energy on public land. 
Sec. 184. Disposition of revenues. 
Subtitle H—Miscellaneous Provisions 
Sec. 191. Military operations. 
Sec. 192. Environmental sensitivity analysis under the program. 
Sec. 193. Validity of existing leases. 
Sec. 194. Integrity of lease sales and leasing schedule. 
Sec. 195. Authority to conduct offshore drilling under approved permits. 
Sec. 196. Time requirement to act on oil and natural gas drilling permits. 
Sec. 197. Timely issuance of onshore oil and gas leases. 
Sec. 198. State auditing. 
TITLE II—CONTINENTAL PIPELINE APPROVAL 
Sec. 201. Keystone XL pipeline permit approval. 
TITLE III—RADIOLOGICAL MATERIAL REPOSITORY 
Sec. 301. Radiological material repository. 
TITLE IV—RELIEF FROM REGULATIONS AND PROHIBITIONS 
THAT CAUSE ARTIFICIAL PRICE INCREASES 
Sec. 401. Endangered Species Act of 1973 reform. 
Sec. 402. Repeal of EPA climate change regulation. 
Sec. 403. Repeal of Federal ban on synthetic fuels purchasing requirement. 
Sec. 404. Repeal of ethanol mandates. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
TITLE V—REFINERY REFORM 
Sec. 501. Refinery permitting process. 
Sec. 502. Existing refinery permit application deadline. 
TITLE VI—REPEAL OF ENERGY TAX SUBSIDIES 
Sec. 600. Amendment of 1986 code. 
Sec. 601. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mix-
tures. 
Sec. 602. Repeal of credit for certain plug-in electric vehicles. 
Sec. 603. Early termination of credit for qualified fuel cell motor vehicles. 
Sec. 604. Repeal of alternative fuel vehicle refueling property credit. 
Sec. 605. Repeal of credit for alcohol used as fuel. 
Sec. 606. Repeal of credit for biodiesel and renewable diesel used as fuel. 
Sec. 607. Repeal of enhanced oil recovery credit. 
Sec. 608. Termination of credit for electricity produced from certain renewable 
resources. 
Sec. 609. Repeal of credit for producing oil and gas from marginal wells. 
Sec. 610. Termination of credit for production from advanced nuclear power fa-
cilities. 
Sec. 611. Repeal of credit for carbon dioxide sequestration. 
Sec. 612. Termination of energy credit. 
Sec. 613. Repeal of qualifying advanced coal project. 
Sec. 614. Repeal of qualifying gasification project credit. 
Sec. 615. Repeal of American Recovery and Reinvestment Act of 2009 energy 
grant program. 
TITLE VII—REGULATORY RELIEF 
Sec. 701. Legislative stay. 
Sec. 702. Compliance dates. 
Sec. 703. Energy recovery and conservation. 
Sec. 704. Other provisions. 
Sec. 705. Management and disposal of coal combustion residuals. 
TITLE VIII—ATTAINMENT OF NATIONAL AMBIENT AIR QUALITY 
STANDARDS 
Sec. 801. Air quality monitoring and modeling methodologies. 
Sec. 802. Extending compliance for NAAQS attainment for downwind States. 
TITLE IX—SUB-BASIN REPORTING OF GREENHOUSE GAS 
EMISSIONS 
Sec. 901. Sub-basin reporting of greenhouse gas emissions. 
TITLE X—IMPLEMENTATION OF NATIONAL OCEAN POLICY 
Sec. 1001. Prohibition on use of funds. 
TITLE XI—OTHER PROVISIONS 
Sec. 1101. Administrative record. 
Sec. 1102. Statement of energy effects. 
Sec. 1103. Priority-Energy Project permit duration. 
Sec. 1104. Exemption for takings of migratory bird incidental to energy devel-
opment and production. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6211
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
SEC. 3. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
(1) 
the 
United 
States 
spends 
over 
$1,000,000,000 per day to import crude oil from 
foreign countries, representing the largest wealth 
transfer in history; 
(2) the domestic oil and natural gas industry is 
responsible for approximately 9.2 million jobs; 
(3) the United States has substantial undevel-
oped oil and natural gas resources underlying Fed-
eral lands; 
(4) multiple legal challenges relating to the 
leasing, exploration, and development of Federal 
lands can significantly delay and even prevent these 
desperately needed oil and natural gas resources 
from reaching the American public; 
(5) expedited and focused judicial review of 
legal challenges to proposed oil and natural gas de-
velopment activities is necessary to ensure that addi-
tional American oil and natural gas resources are 
made available without undue delay to American 
consumers; 
(6) the approximately 43 million leased outer 
Continental Shelf acres currently account for about 
15 percent of the United States domestic natural 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
gas production and about 27 percent of the United 
States domestic oil production; 
(7) the leasing of these domestic offshore areas 
for oil and natural gas development provides signifi-
cant economic benefits to the Federal Government, 
as well as to States and localities, through the cre-
ation and sustenance of jobs and domestic product; 
(8) the Federal Government distributed over 
$10,000,000,000 to Federal, State and Indian ac-
counts from energy production during fiscal year 
2009, primarily from oil and natural gas production; 
(9) the outer Continental Shelf is a vital na-
tional resource reserve held by the Federal Govern-
ment for the public, which should be made available 
for expeditious and orderly development, subject to 
environmental safeguards, in a manner that is con-
sistent with the maintenance of competition and 
other national needs; 
(10) Executive Order 13563 on Improving Reg-
ulation and Regulatory Review, issued on January 
18, 2011, requires that to the extent permitted by 
law, each agency must, among other things— 
(A) propose or adopt a regulation only 
upon a reasoned determination that its benefits 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
justify its costs (recognizing that some benefits 
and costs are difficult to quantify); 
(B) tailor its regulations to impose the 
least burden on society, consistent with obtain-
ing regulatory objectives, taking into account, 
among other things, and to the extent prac-
ticable, the costs of cumulative regulations; 
(C) select, in choosing among alternative 
regulatory approaches, those approaches that 
maximize net benefits (including potential eco-
nomic, environmental, public health and safety, 
and other advantages; distributive impacts; and 
equity); 
(D) to the extent feasible, specify perform-
ance objectives, rather than specifying the be-
havior or manner of compliance that regulated 
entities must adopt; and 
(E) identify and assess available alter-
natives to direct regulation, including providing 
economic incentives to encourage the desired 
behavior, such as user fees or marketable per-
mits, or providing information upon which 
choices can be made by the public; 
(11) Executive Order 13547 on Stewardship of 
the Ocean, Our Coasts, and the Great Lakes, issued 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
on July 19, 2010, provides for the development of 
coastal and marine spatial plans (CMSP) that build 
upon and improve existing Federal, State, tribal, 
local, and regional decisionmaking and planning 
processes; 
(12) the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.) already provides a comprehen-
sive and complete framework for undertaking oil and 
gas activities within the framework of a CMSP- 
based program; 
(13) through the Outer Continental Shelf 
Lands Act, Congress has already established the 
process for development of coastal and marine spa-
tial plans for oil and gas leasing and other author-
izations, and it is not necessary to create a new reg-
ulatory regime as this would go against the Execu-
tive Order; 
(14) the Coastal Plain of Alaska is an impor-
tant potential new source of domestic oil and gas 
production; 
(15) the delivery of oil from Alberta, Canada, to 
domestic markets in the United States is in the na-
tional interest of the United States, and the earliest 
possible completion of the Keystone XL pipeline will 
best serve the national interest; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(16) there are 104 nuclear reactors currently 
operating in the United States, providing 20 percent 
of the electricity of the United States, slightly less 
than the electricity generated by natural gas; 
(17) nuclear energy is the largest provider of 
clean, low-carbon electricity, almost 8 times larger 
than all renewable power production combined, ex-
cluding hydroelectric power; 
(18) nuclear power is responsible for 72 percent 
of emission-free electricity production in the United 
States and is an essential tool for greenhouse gas re-
duction; 
(19) nuclear power plants virtually eliminate 
emissions of greenhouse gases and criteria pollutants 
associated with acid rain, smog, or ozone; 
(20) nuclear energy supplies consistent, base-
load electricity, independent of environmental condi-
tions; 
(21) nuclear power is a safe, reliable, efficient, 
and affordable source of energy; 
(22) between 1960 and 1980, the Nuclear Reg-
ulatory Commission issued 169 permits to construct 
nuclear power facilities; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(23) even if every nuclear power plant is grant-
ed a 20-year extension, all currently operating nu-
clear power plants will be retired by 2055; 
(24) long lead times for nuclear power plant li-
censing, permitting, and construction indicate that 
action to stimulate the nuclear power industry 
should not be delayed; 
(25) there are 17 combined operating license 
applications currently pending before the Nuclear 
Regulatory Commission for 26 new reactors in the 
United States, with 4 applications inactive due to 
regulatory uncertainty; 
(26) those proposed reactors will use the latest 
in nuclear technology for efficiency and safety, more 
advanced than the technology of the 1960s and 
1970s found in the reactors currently operating in 
the United States; 
(27) increasing nuclear power threefold will cre-
ate 480,000 construction jobs, 140,000 permanent 
jobs, and $20,000,000,000 in local, State, and Fed-
eral tax revenue each year; 
(28) increasing nuclear power threefold will re-
duce electricity-based carbon dioxide emissions by 
1,400,000,000 metric tons annually and will reduce 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
carbon emissions by 65 percent from current emis-
sions levels by 2050; 
(29) increasing nuclear power threefold will 
produce 320 gigawatts of electricity to power 
237,000,000 households and constitute 52 percent of 
the United States electricity portfolio by 2030; 
(30) the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101 et seq.) requires the Federal Govern-
ment to take ownership of high-level radioactive 
waste and spent nuclear fuel and build a permanent 
geologic repository in which to store such waste; 
(31) the Nuclear Waste Policy Act of 1982, as 
amended in 1987, selected the Yucca Mountain site 
to be the sole geologic repository in which to store 
high-level radioactive waste and spent nuclear fuel; 
(32) the Congress reaffirmed Yucca Mountain 
as the sole candidate site for a geologic repository in 
2001; 
(33) despite such laws, the Government has 
failed to accept high-level radioactive waste and 
spent nuclear fuel from utilities and has delayed 
construction of the Yucca Mountain repository; 
(34) failure to accept high-level radioactive 
waste and spent nuclear fuel has led to more than 
74 lawsuits filed by utilities against the Government, 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
$1,000,000,000 in settlements being paid, and an 
estimated $16,200,000,000 in potential liabilities to 
settle remaining lawsuits; 
(35) each year the Government refuses to ac-
cept high-level radioactive waste and spent nuclear 
fuel adds an estimated $500,000,000 in additional 
liabilities associated with future lawsuits; 
(36) the failure of the Federal Government to 
accept high-level radioactive waste and spent nuclear 
fuel from utilities is a significant barrier to the fu-
ture development of additional nuclear power; 
(37) the United States has 58,000 tons of radi-
ological material stored at more than 100 sites in 39 
States; 
(38) the 104 commercial nuclear reactors oper-
ating in the United States produce approximately 
2,000 tons of spent nuclear fuel every year; 
(39) the Yucca Mountain repository’s capacity 
is statutorily limited to 70,000 tons of waste but can 
safely hold 120,000 tons; 
(40) operators who have paid into the Nuclear 
Waste Fund have been denied access to permanent 
storage of radiological material as promised by the 
Federal Government; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(41) permanent geologic storage capacity is a 
finite resource on which the industry depends; and 
(42) operators have the technical expertise to 
develop new and more efficient processes of dis-
posing of new radiological material. 
(b) PURPOSES.—The purposes of this Act are to— 
(1) promote expansion of domestic employment 
opportunities; 
(2) respond to the Nation’s increased need for 
domestic energy resources, including oil and natural 
gas resources; 
(3) support the utilization of the outer Conti-
nental Shelf for oil and gas production and trans-
mission; 
(4) confirm and ensure the validity of oil and 
gas leases issued under the Final Outer Continental 
Shelf Oil and Gas Leasing Program, 2007–2012; 
(5) ensure the continued leasing of outer Conti-
nental Shelf areas pursuant to the Final Outer Con-
tinental Shelf Oil and Gas Leasing Program, 2007– 
2012; 
(6) facilitate interagency coordination and co-
operation in the processing of permits required to 
support oil and gas use authorization on Federal 
lands, both onshore and on the outer Continental 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
Shelf, in order to achieve greater consistency, cer-
tainty, and timeliness in permit processing require-
ments; 
(7) promote process streamlining and increased 
interagency efficiency, including elimination of inter-
agency duplication of effort; 
(8) improve information sharing among agen-
cies and understanding of respective agency roles 
and responsibilities; 
(9) promote coordination with State agencies 
with expertise and responsibilities related to Federal 
oil and gas permitting decisions, and balance Fed-
eral interests with the interests and well-being of 
State and local communities; 
(10) promote responsible stewardship of Fed-
eral oil and gas resources; 
(11) maintain high standards of safety and en-
vironmental protection; and 
(12) enhance the benefits to Federal permitting 
already occurring as a result of a coordinated and 
timely interagency process for oil and gas permit re-
view for certain Federal oil and gas leases. 
SEC. 4. STATEMENT OF POLICY. 
It is the policy of the United States, given the impor-
tance of making a transition to a clean energy, low-carbon 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
economy, to facilitate the continued development and 
growth of a safe and clean nuclear energy industry 
through reductions in financial, regulatory, and technical 
barriers to construction and operation. 
SEC. 5. DEFINITIONS. 
For purposes of this Act— 
(1) ACT.—The term ‘‘Act’’ means the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.). 
(2) AUTHORIZING
LEASING
STATUTE.—The 
term ‘‘authorizing leasing statute’’ means the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.), the Mineral Leasing Act (30 U.S.C. 181 et 
seq.), the Mineral Leasing Act for Acquired Lands 
(30 U.S.C. 351 et seq.), and any other law author-
izing the use or disposition of Federal lands for oil 
and gas production or transmission. 
(3) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area described in appendix I to 
part 37 of title 50, Code of Federal Regulations. 
(4) COVERED OIL AND NATURAL GAS ACTIV-
ITY.—The term ‘‘covered oil and natural gas activ-
ity’’ means— 
(A) the leasing or other disposition of any 
lands pursuant to an authorizing leasing statute 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
for the exploration, development, production, 
processing, or transmission of oil, natural gas, 
or associated hydrocarbons, and oil shale, in-
cluding actions or decisions relating to the se-
lection of which lands may or shall be made 
available for such leasing; and 
(B) any activity taken or proposed to be 
taken pursuant or in relation to such leases, in-
cluding their suspension, and any environ-
mental analyses relating to such activity. 
(5) OTHER TERMS.—Any terms used in this 
Act shall have the meaning such term has in the 
Act. 
(6) PRIORITY
ENERGY
PROJECT.—The term 
‘‘Priority Energy Project’’ means a project or facil-
ity in the United States whose operation results in 
the production of a domestic supply of energy or the 
generation of electricity. 
(7) PRIORITY ENERGY PROJECT DEVELOPER.— 
The term ‘‘Priority Energy Project Developer’’ 
means a person, organization, or other entity that 
owns or operates a Priority Energy Project. 
(8) PROGRAM.—The term ‘‘program’’ means a 
Final Outer Continental Shelf Oil and Gas Leasing 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
Program issued pursuant to section 18 of the Act 
(43 U.S.C. 1344). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, unless otherwise indi-
cated. 
TITLE I—DEVELOPMENT OF 
FEDERAL ENERGY RESOURCES 
Subtitle A—Oil and Gas Leasing in 
the Gulf of Mexico 
SEC. 101. LEASING IN THE EASTERN GULF OF MEXICO. 
(a) TERMINATION OF MORATORIUM.—Section 104 of 
the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note; Public Law 109–432) is amended by 
striking subsection (a) and redesignating subsections (b) 
and (c) as subsections (a) and (b), respectively. 
(b) NATIONAL DEFENSE AREA.—Section 12(d) of 
the Outer Continental Shelf Lands Act (43 U.S.C. 
1341(d)) is amended— 
(1) by striking ‘‘The United States’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—The United States’’; and 
(2) by adding at the end the following: 
‘‘(2) REVIEW.—Annually, the Secretary of De-
fense shall review the areas of the outer Continental 
Shelf that have been designated as restricted from 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
exploration and operation to determine whether the 
areas should remain under restriction.’’. 
(c) LEASING OF MORATORIUM AREAS.— 
(1) DESTIN DOME AND PENSACOLA AREAS.— 
Within 1 year after the date of the enactment of this 
Act, the Secretary shall offer for leasing under the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.), the Destin Dome (OPD NH 16–08) and 
Pensacola (OPD NH 16–05) areas. 
(2) OTHER
AREAS.—As soon as practicable 
after the date of enactment of this Act, the Sec-
retary shall offer for leasing under the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331 et seq.), 
any other areas in the Eastern Gulf of Mexico Plan-
ning Area that are made available for leasing pursu-
ant to subsection (a). 
(3) ADMINISTRATION.—The areas described in 
paragraphs (1) and (2) shall be offered for lease 
under this section notwithstanding the omission of 
any of those areas from the 5-year leasing program 
approved by the Secretary under section 18 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 
1344) in effect at the time of the lease sale. The 
Secretary shall include the areas described in para-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
graphs (1) and (2) in any 5-year leasing program 
approved after the date of enactment of this Act. 
(d) COASTAL ZONE MANAGEMENT ACT OF 1972 RE-
VIEW.—The Secretary’s decision to hold a lease sale for 
the areas described in section 101(c) shall not be subject 
to consistency review under the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.). 
SEC. 102. EXTENSION OF DEEPWATER OIL AND NATURAL 
GAS LEASES IN GULF OF MEXICO. 
(a) DEFINITION OF COVERED LEASE.—In this sec-
tion the term ‘‘covered lease’’ means each oil and gas lease 
for the Gulf of Mexico Outer Continental Shelf region 
issued under section 8(b) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337(b)) that was not producing 
as of April 30, 2010. 
(b) EXTENSION OF COVERED LEASES.—The Sec-
retary of the Interior shall extend the term of a covered 
lease by 24 months. 
(c) MINIMUM DEEPWATER WELL REQUIREMENT.— 
If fewer than 20 exploration or development wells have 
been spudded on deepwater leases in the Gulf of Mexico 
within 18 months after the date of enactment of this Act, 
the 24-month period under subsection (b) for deepwater 
leases (water depths of 500 feet or greater) shall be ex-
tended by an additional 18 months. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(d) EFFECT OF EXTENSION ON SUSPENSIONS.—The 
lease term extension under this Act shall be in addition 
to any lease term suspension either granted or directed 
under section 5(a)(1) of the Act (43 U.S.C. 1334(a)(1)) 
prior to or following the date of enactment of this Act. 
(e) LEASE REINSTATEMENT.—The Secretary shall 
reinstate any lease subject to subsection (a) that expired 
between April 30, 2010 and the date of enactment of this 
Act, with a new expiration date as provided in subsection 
(b). 
Subtitle B—Scheduled Leasing, Ex-
ploration, and Development of 
Oil and Natural Gas in the Fed-
eral Outer Continental Shelf 
SEC. 121. EXPANDED OUTER CONTINENTAL SHELF LEASE 
SALES. 
(a) IN GENERAL.—Beginning in fiscal year 2012, the 
Secretary shall conduct all lease sales included in Table 
A of the Draft Proposed Outer Continental Shelf Oil and 
Gas Leasing Program 2010–2015, issued January 2009. 
All such lease sales shall be conducted in accordance with 
this section. 
(b) EIS.—The Secretary is deemed to have issued a 
final environmental impact statement for the program de-
scribed in subsection (a) in accordance with all require-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
ments under section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 
(c) EXEMPTION FROM CONSISTENCY REVIEW.—The 
Secretary’s decision to hold a lease sale required under 
this section shall not be subject to consistency review 
under the Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq). 
(d) LEASING PROGRAM.—The Secretary shall pre-
pare and make available a 2015–2020 Draft Proposed 
Outer Continental Shelf Oil and Gas Leasing Program no 
later than 1 year after the date of enactment of this Act. 
(e) REQUIREMENT TO MAINTAIN PROGRAM.—The 
Secretary’s implementation of the requirements of this 
section shall fulfill the requirement under section 19 of 
the Act (43 U.S.C. 1345) to maintain an oil and gas leas-
ing program through June 30, 2015. 
SEC. 122. GEOLOGICAL AND GEOPHYSICAL ACTIVITIES IN 
EXPANDED LEASING AREAS. 
(a) EIS FOR ATLANTIC OCS PLANNING AREA.— 
Within 1 year after the date of enactment of this Act, the 
Secretary shall issue a Final Programmatic Environ-
mental Impact Statement and Record of Decision pursu-
ant to the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), assessing the environmental effects 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
of geological and geophysical activities in the Atlantic 
Outer Continental Shelf Planning Area. 
(b) PERMITS
FOR
ATLANTIC
OCS PLANNING 
AREA.—The Secretary shall approve any permit that 
meets the requirements of the Act for geologic and geo-
physical activities in the Atlantic Outer Continental Shelf 
Planning Area, including areas in the Southern Atlantic 
outer Continental Shelf. 
(c) PRELIMINARY EIS FOR SOUTHERN CALIFORNIA 
OCS PLANNING AREA.—Not later than 18 months after 
the date of enactment of this Act, the Secretary shall issue 
a Preliminary Environmental Impact Statement pursuant 
to the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) to assess the environmental impacts 
of geophysical activities in the Southern California Outer 
Continental Shelf Planning Area. 
SEC. 123. PAYMENTS FROM AREAS NEWLY AVAILABLE TO 
LEASING. 
(a) IN GENERAL.—Notwithstanding section 9 of the 
Act (43 U.S.C. 1338), upon enactment of this Act and 
each fiscal year thereafter, 37.5 percent of all bonuses, 
rents, royalties, and other sums due and payable to the 
United States received on or after enactment of this Act 
from outer Continental Shelf leases entered into on or 
after the date of enactment of this Act shall be paid to 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
the coastal States that are Adjacent States with respect 
to such leases. Such payment shall be allocated to each 
such Adjacent State in amounts (based on a formula es-
tablished by the Secretary by regulation) that are inversely 
proportional to the respective distances between the point 
on the coastline of the Adjacent State that is closest to 
the geographic center of the applicable leased tract and 
the geographic center of the leased tract. 
(b) EXCLUSIONS.—Subsection (a) shall not apply 
to— 
(1) revenues from the forfeiture of a bond or 
other surety securing obligations other than royal-
ties, civil penalties, or royalties taken by the Sec-
retary in-kind and not sold; and 
(2) revenues generated from leases subject to 
section 8(g) of the Act (43 U.S.C. 1137(g)). 
(c) USE OF PAYMENTS TO STATES.—Amounts paid 
to a State under subsection (a) shall be used by the State 
for such purposes as that State considers necessary. 
(d) GULF OF MEXICO OUTER CONTINENTAL SHELF 
REVENUES.— 
(1) LIMITATION ON APPLICATION.—Subsection 
(a) shall not affect the application of section 105 of 
the Gulf of Mexico Energy Security Act of 2006 
(title I of division C of Public Law 109–432; (43 
VerDate Mar 15 2010 
20:06 Apr 09, 2012
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
U.S.C. 1331 note)), as in effect before the enact-
ment of this Act, with respect to revenues received 
by the United States under oil and gas leases issued 
for tracts located in the Western and Central Gulf 
of Mexico Outer Continental Shelf Planning Areas, 
including such leases issued on or after the date of 
the enactment of this Act. 
(2) AMOUNT
OF
DISTRIBUTED
QUALIFIED 
OUTER
CONTINENTAL
SHELF
REVENUES.—Section 
105(f)(1) of the Gulf of Mexico Energy Security Act 
of 2006 (title I of division C of Public Law 109– 
432; (43 U.S.C. 1331 note)) is amended by striking 
‘‘2055’’ and inserting ‘‘2022, and shall not exceed 
$750,000,000 for each of fiscal years 2023 through 
2055’’. 
SEC. 124. DEFINITIONS UNDER THE OUTER CONTINENTAL 
SHELF LANDS ACT. 
Section 2 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331) is amended— 
(1) by amending paragraph (f) to read as fol-
lows: 
‘‘(f) The term ‘affected State’ means the Adjacent 
State.’’; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(2) by striking the semicolon at the end of each 
of paragraphs (a) through (o) and inserting a pe-
riod; 
(3) by striking ‘‘; and’’ at the end of paragraph 
(p) and inserting a period; 
(4) by adding at the end the following: 
‘‘(r) The term ‘Adjacent State’ means, with respect 
to any program, plan, lease sale, leased tract, or other ac-
tivity, proposed, conducted, or approved pursuant to this 
Act, any State the laws of which are declared, pursuant 
to section 4(a)(2), to be the law of the United States for 
the portion of the outer Continental Shelf on which such 
program, plan, lease sale, leased tract, or activity apper-
tains or is, or is proposed to be, conducted. 
‘‘(s) The term ‘State’ includes all States having a 
coastline contiguous to the Arctic, Atlantic, or Pacific 
Ocean, or the Gulf of Mexico, the Commonwealth of Puer-
to Rico, the Commonwealth of the Northern Mariana Is-
lands, the United States Virgin Islands, American Samoa, 
Guam, the other territories of the United States, and the 
District of Columbia. 
‘‘(t) The term ‘Adjacent Zone’ means, with respect 
to any program, plan, lease sale, leased tract, or other ac-
tivity, proposed, conducted, or approved pursuant to this 
Act, the portion of the outer Continental Shelf for which 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
the laws of a particular Adjacent State are declared, pur-
suant to section 4(a)(2), to be the law of the United 
States. 
‘‘(u) The term ‘miles’ means statute miles. 
‘‘(v) The term ‘coastline’ has the same meaning as 
the term ‘coast line’ as defined in section 2(c) of the Sub-
merged Lands Act (43 U.S.C. 1301(c)). 
‘‘(w) The term ‘Neighboring State’ means a coastal 
State having a common boundary at the coastline with the 
Adjacent State.’’; and 
(5) in paragraph (a), by inserting after ‘‘con-
trol’’ the following: ‘‘or lying within the United 
States Exclusive Economic Zone and outer Conti-
nental Shelf adjacent to the Commonwealth of Puer-
to Rico, the Commonwealth of the Northern Mar-
iana Islands, the United States Virgin Islands, 
American Samoa, Guam, or any other territory of 
the United States’’. 
SEC. 125. DETERMINATION OF ADJACENT ZONES AND 
PLANNING AREAS. 
Section 4(a)(2)(A) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the 
first sentence by striking ‘‘, and the President’’ and all 
that follows through the end of the sentence and inserting 
the following: ‘‘. The lines extending seaward and defining 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
each State’s Adjacent Zone, and the Atlantic OCS Plan-
ning Area, are as indicated on the maps for the Atlantic 
Outer Continental Shelf region entitled ‘Atlantic OCS Re-
gion State Adjacent Zones and OCS Planning Areas’, 
which is dated September 2005 and is on file in the Office 
of the Director, Minerals Management Service. The Sec-
retary shall designate the Adjacent Zones of States, and 
additional OCS Planning Areas, for parts of the United 
States Exclusive Economic Zone and outer Continental 
Shelf not covered by those maps.’’. 
Subtitle C—Leasing, Exploration, 
and Development of Oil and 
Natural Gas Resources in Por-
tions of the Coastal Plain of 
Alaska 
SEC. 131. ESTABLISHMENT OF LEASING PROGRAM FOR 
COASTAL PLAIN. 
The Secretary shall take such actions as are nec-
essary— 
(1) to establish and implement, in accordance 
with this subtitle and acting through the Director of 
the Bureau of Land Management in consultation 
with the Director of the United States Fish and 
Wildlife Service, a competitive oil and gas leasing 
program that will result in an environmentally sound 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
program for the exploration, development, and pro-
duction of the oil and gas resources of the Coastal 
Plain; and 
(2) to administer the provisions of this title 
through regulations, lease terms, conditions, restric-
tions, prohibitions, stipulations, and other provisions 
that ensure the oil and gas exploration, development, 
and production activities on the Coastal Plain will 
minimize any significant adverse effects on fish and 
wildlife, their habitat, subsistence resources, and the 
environment, including, in furtherance of this goal, 
by requiring the application of the best commercially 
available technology for oil and gas exploration, de-
velopment, and production to all exploration, devel-
opment, and production operations under this title 
in a manner that ensures the receipt of fair market 
value by the public for the mineral resources to be 
leased. 
SEC. 132. CONDUCT OF LEASING PROGRAM. 
(a) REPEAL.— 
(1) REPEAL.—Section 1003 of the Alaska Na-
tional Interest Lands Conservation Act of 1980 (16 
U.S.C. 3143) is repealed. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(2) CONFORMING AMENDMENT.—The table of 
contents in section 1 of such Act is amended by 
striking the item relating to section 1003. 
(b) COMPLIANCE
WITH
REQUIREMENTS
UNDER 
CERTAIN OTHER LAWS.— 
(1) COMPATIBILITY.—For purposes of the Na-
tional Wildlife Refuge System Administration Act of 
1966 (16 U.S.C. 668dd et seq.), the oil and gas 
leasing program and activities authorized by this 
subtitle in the Coastal Plain are deemed to be com-
patible with the purposes for which the Arctic Na-
tional Wildlife Refuge was established, and no fur-
ther findings or decisions are required to implement 
this determination. 
(2) ADEQUACY OF THE DEPARTMENT OF THE 
INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT 
STATEMENT.—The 
‘‘Final 
Legislative 
Environ-
mental Impact Statement’’ (April 1987) on the 
Coastal Plain prepared pursuant to section 1002 of 
the Alaska National Interest Lands Conservation 
Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) 
of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)(C)) is deemed to satisfy the re-
quirements under the National Environmental Policy 
Act of 1969 that apply with respect to prelease ac-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
tivities, including actions authorized to be taken by 
the Secretary to develop and promulgate the regula-
tions for the establishment of a leasing program au-
thorized by this subtitle before the conduct of the 
first lease sale. 
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.—Before conducting the first lease sale under 
this subtitle, the Secretary shall prepare an environ-
mental impact statement under the National Envi-
ronmental Policy Act of 1969 with respect to the ac-
tions authorized by this subtitle that are not re-
ferred to in paragraph (2). Notwithstanding any 
other law, the Secretary is not required to identify 
nonleasing alternative courses of action or to analyze 
the environmental effects of such courses of action. 
The Secretary shall only identify a preferred action 
for such leasing and a single leasing alternative, and 
analyze the environmental effects and potential miti-
gation measures for those two alternatives. The 
identification of the preferred action and related 
analysis for the first lease sale under this subtitle 
shall be completed within 18 months after the date 
of enactment of this Act. The Secretary shall only 
consider public comments that specifically address 
the Secretary’s preferred action and that are filed 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
within 20 days after publication of an environmental 
analysis. Notwithstanding any other law, compliance 
with this paragraph is deemed to satisfy all require-
ments for the analysis and consideration of the envi-
ronmental effects of proposed leasing under this sub-
title. In preparing or reviewing an environmental as-
sessment pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any 
regulations promulgated thereto, an agency shall 
consider, in addition to any mitigation required by 
the agency, all applicable Federal, State, local, and 
other laws and regulations, guidelines, permit condi-
tions, and any other requirements and best practices 
regarding a Priority Energy Project and any other 
actions considered in a cumulative effects analysis. 
Pursuant to that, the agency shall make a finding 
of no significant impact or a mitigated finding of no 
significant impact, as applicable, unless, presuming 
administrative regularity, the agency can conclu-
sively demonstrate that the mitigation required by 
the agency and the applicable Federal, State, local, 
and other laws and regulations, guidelines, permit 
conditions, and any other requirements and best 
practices regarding a Priority Energy Project and 
any other actions considered in a cumulative effects 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
analysis will not prevent or otherwise mitigate a sig-
nificant impact on the human environment. 
(c) RELATIONSHIP TO STATE AND LOCAL AUTHOR-
ITY.—Nothing in this subtitle shall be considered to limit 
State and local regulatory authority. 
(d) SPECIAL AREAS.— 
(1) IN
GENERAL.—The Secretary, after con-
sultation with the State of Alaska, the city of 
Kaktovik, and the North Slope Borough, may des-
ignate up to a total of 45,000 acres of the Coastal 
Plain as a Special Area if the Secretary determines 
that the Special Area is of such unique character 
and interest so as to require special management 
and regulatory protection. The Secretary shall des-
ignate as such a Special Area the Sadlerochit Spring 
area, comprising approximately 4,000 acres. 
(2) MANAGEMENT.—Each such Special Area 
shall be managed so as to protect and preserve the 
area’s unique and diverse character including its 
fish, wildlife, and subsistence resource values. 
(3) EXCLUSION
FROM
LEASING
OR
SURFACE 
OCCUPANCY.—The Secretary may exclude any Spe-
cial Area from leasing. If the Secretary leases a Spe-
cial Area, or any part thereof, for purposes of oil 
and gas exploration, development, production, and 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
related activities, there shall be no surface occu-
pancy of the lands comprising the Special Area. 
(4) DIRECTIONAL DRILLING.—Notwithstanding 
the other provisions of this subsection, the Secretary 
may lease all or a portion of a Special Area under 
terms that permit the use of horizontal drilling tech-
nology from sites on leases located outside the Spe-
cial Area. 
(e) LIMITATION
ON
CLOSED
AREAS.—The Sec-
retary’s sole authority to close lands within the Coastal 
Plain to oil and gas leasing and to exploration, develop-
ment, and production is that set forth in this subtitle. 
(f) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out this 
subtitle, including rules and regulations relating to protec-
tion of the fish and wildlife, their habitat, subsistence re-
sources, and environment of the Coastal Plain, by no later 
than 12 months after the date of enactment of this Act. 
(g) LEASE SALES.— 
(1) IN GENERAL.—Lands may be leased pursu-
ant to this subtitle to any person qualified to obtain 
a lease for deposits of oil and gas under the Mineral 
Leasing Act (30 U.S.C. 181 et seq.). 
(2) PROCEDURES.—The Secretary shall, by reg-
ulation, establish procedures for— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(A) receipt and consideration of sealed 
nominations for any area in the Coastal Plain 
for inclusion in, or exclusion (as provided in 
subparagraph (C)) from, a lease sale; 
(B) the holding of lease sales after such 
nomination process; and 
(C) public notice of and comment on des-
ignation of areas to be included in, or excluded 
from, a lease sale. 
(3) LEASE
SALE
BIDS.—Bidding for leases 
under this subtitle shall be by sealed competitive 
cash bonus bids. 
(4) ACREAGE MINIMUM IN FIRST SALE.—In the 
first lease sale under this subtitle, the Secretary 
shall offer for lease those tracts the Secretary con-
siders to have the greatest potential for the dis-
covery of hydrocarbons, taking into consideration 
nominations received pursuant to paragraph (2)(A), 
but in no case less than 200,000 acres. 
(5) TIMING OF LEASE SALES.—The Secretary 
shall— 
(A) conduct the first lease sale under this 
subtitle within 18 months after the date of the 
enactment of this Act; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(B) evaluate the bids in such sale and 
issue leases resulting from such sale, within 90 
days after the date of the completion of such 
sale; and 
(C) conduct additional sales so long as suf-
ficient interest in development exists to war-
rant, in the Secretary’s judgment, the conduct 
of such sales. 
(h) GRANT OF LEASES BY THE SECRETARY.— 
(1) IN GENERAL.—The Secretary may grant to 
the highest responsible qualified bidder in a lease 
sale conducted pursuant to subsection (g) any lands 
to be leased on the Coastal Plain upon payment by 
the lessee of such bonus as may be accepted by the 
Secretary. 
(2) SUBSEQUENT TRANSFERS.—No lease issued 
under this subtitle may be sold, exchanged, assigned, 
sublet, or otherwise transferred except with the ap-
proval of the Secretary. Prior to any such approval 
the Secretary shall consult with, and give due con-
sideration to the views of, the Attorney General. 
(i) LEASE TERMS AND CONDITIONS.—An oil or gas 
lease issued pursuant to this subtitle shall— 
(1) provide for the payment of a royalty of 
371⁄2 percent in amount or value of the production 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
removed or sold from the lease, as determined by the 
Secretary under the regulations applicable to other 
Federal oil and gas leases; 
(2) require that the lessee of lands within the 
Coastal Plain shall be fully responsible and liable for 
the reclamation of lands within the Coastal Plain 
and any other Federal lands that are adversely af-
fected in connection with exploration, development, 
production, or transportation activities conducted 
under the lease and within the Coastal Plain by the 
lessee or by any of the subcontractors or agents of 
the lessee; 
(3) provide that the lessee may not delegate or 
convey, by contract or otherwise, the reclamation re-
sponsibility and liability to another person without 
the express written approval of the Secretary; 
(4) provide that the standard of reclamation for 
lands required to be reclaimed under this subtitle 
shall be, as nearly as practicable, a condition capable 
of supporting the uses which the lands were capable 
of supporting prior to any exploration, development, 
or production activities, or upon application by the 
lessee, to a higher or better use as approved by the 
Secretary; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(5) contain terms and conditions relating to 
protection of fish and wildlife, their habitat, subsist-
ence resources, and the environment as required 
pursuant to section 131(2); 
(6) provide that the lessee, its agents, and its 
contractors use best efforts to provide a fair share, 
as determined by the level of obligation previously 
agreed to in the 1974 agreement implementing sec-
tion 29 of the Federal Agreement and Grant of 
Right of Way for the Operation of the Trans Alaska 
Pipeline, of employment and contracting for Alaska 
Natives and Alaska Native Corporations from 
throughout the State; and 
(7) contain such other provisions as the Sec-
retary determines necessary to ensure compliance 
with the provisions of this subtitle and the regula-
tions issued under this subtitle. 
(j) LEASE APPROVAL DEADLINES.— 
(1) IN GENERAL.—Not later than 10 business 
days after the date on which an agency receives an 
application for any permit, authorization, or other 
agency action with respect to a lease under this sub-
title, the agency shall— 
(A) notify the applicant that the applica-
tion is complete; or 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(B) notify the applicant that information is 
missing and specify any information that is re-
quired to be submitted for the application to be 
complete. 
(2) ISSUANCE OR DEFERRAL.—Not later than 
30 days after the applicant for such a permit, au-
thorization, or other agency action has submitted a 
complete application, the agency shall— 
(A) issue the permit; or 
(B)(i) defer the decision on the permit; 
and 
(ii) provide to the applicant a notice that 
specifies any steps that the applicant could take 
for the permit to be issued. 
(3) REQUIREMENTS FOR DEFERRED APPLICA-
TIONS.— 
(A) IN GENERAL.—If the agency provides 
notice under paragraph (2)(B), the applicant 
shall have a period of 2 years from the date of 
receipt of the notice in which to complete all re-
quirements specified by the agency, including 
providing information needed for compliance 
with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(B) ISSUANCE OF DECISION ON PERMIT.— 
If the applicant completes the requirements 
within the period specified in subparagraph (A), 
the agency shall issue a decision on the permit 
not later than 10 days after the date of comple-
tion of the requirements described in subpara-
graph (A). 
(C) DENIAL OF PERMIT.—If the applicant 
does not complete the requirements within the 
period specified in subparagraph (A) the agency 
shall deny the permit. 
(4) AGENCY REQUIREMENTS.—In any applica-
tion for a permit, authorization, or other agency ac-
tion, the agency shall be prohibited from requiring 
the applicant to perform any analyses, studies, or 
other activities that are novel, unprecedented, or 
otherwise inconsistent with past requirements for 
permit applicants in the same or similar situations. 
(5) FAILURE TO ACT.—In the event the agency 
fails to meet any deadline set forth in this section, 
the agency shall immediately grant the requested 
permit, authorization, or other approval. 
(k) COASTAL
PLAIN
ENVIRONMENTAL
PROTEC-
TION.— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(1) NO SIGNIFICANT ADVERSE EFFECT STAND-
ARD TO GOVERN AUTHORIZED COASTAL PLAIN AC-
TIVITIES.—The Secretary shall, consistent with the 
requirements of paragraph (3), administer the provi-
sions of this subtitle through regulations, lease 
terms, conditions, restrictions, prohibitions, stipula-
tions, and other provisions that— 
(A) ensure the oil and gas exploration, de-
velopment, and production activities on the 
Coastal Plain will result in no significant ad-
verse effect on fish and wildlife, their habitat, 
and the environment; 
(B) require the application of the best 
commercially available technology for oil and 
gas exploration, development, and production 
on all new exploration, development, and pro-
duction operations; and 
(C) ensure that the maximum amount of 
surface acreage covered by production and sup-
port facilities, including airstrips and any areas 
covered by gravel berms or piers for support of 
pipelines, does not exceed 5,000 acres on the 
Coastal Plain. 
(2) SITE-SPECIFIC
ASSESSMENT
AND
MITIGA-
TION.—The Secretary shall also require, with re-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
spect to any proposed drilling and related activities 
pursuant to this subtitle, that— 
(A) a site-specific analysis be made of the 
probable effects, if any, that the drilling or re-
lated activities will have on fish and wildlife, 
their habitat, subsistence resources, and the en-
vironment; 
(B) a plan be implemented to avoid, mini-
mize, and mitigate (in that order and to the ex-
tent practicable) any significant adverse effect 
identified under subparagraph (A); and 
(C) the development of the plan shall occur 
after consultation with the agency or agencies 
having jurisdiction over matters mitigated by 
the plan. 
(3) REGULATIONS TO PROTECT COASTAL PLAIN 
FISH
AND
WILDLIFE
RESOURCES, 
SUBSISTENCE 
USERS, AND
THE
ENVIRONMENT.—Before imple-
menting the leasing program authorized by this sub-
title, the Secretary shall prepare and promulgate 
regulations, lease terms, conditions, restrictions, pro-
hibitions, stipulations, and other measures designed 
to ensure that the activities undertaken on the 
Coastal Plain under this subtitle are conducted in a 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
manner consistent with the purposes and environ-
mental requirements of this subtitle. 
(4) COMPLIANCE WITH FEDERAL AND STATE 
ENVIRONMENTAL
LAWS
AND
OTHER
REQUIRE-
MENTS.—The proposed regulations, lease terms, 
conditions, restrictions, prohibitions, and stipulations 
for the leasing program under this subtitle shall re-
quire compliance with all applicable provisions of 
Federal and State environmental law, and shall also 
require the following: 
(A) Standards at least as effective as the 
safety and environmental mitigation measures 
set forth in items 1 through 29 at pages 167 
through 169 of the ‘‘Final Legislative Environ-
mental Impact Statement’’ (April 1987) on the 
Coastal Plain. 
(B) That exploration activities shall be 
supported, if necessary, by ice roads, winter 
trails with adequate snow cover, ice pads, ice 
airstrips, and air transport methods, except 
that such exploration activities may occur at 
other times if the Secretary finds that such ex-
ploration will have no significant adverse effect 
on the fish and wildlife, their habitat, and the 
environment of the Coastal Plain. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(C) Design safety and construction stand-
ards for all pipelines and any access and service 
roads, that— 
(i) minimize, to the maximum extent 
possible, adverse effects upon the passage 
of migratory species such as caribou; and 
(ii) minimize adverse effects upon the 
flow of surface water by requiring the use 
of culverts, bridges, and other structural 
devices. 
(D) Prohibitions on general public access 
and use on all pipeline access and service roads. 
(E) Stringent reclamation and rehabilita-
tion requirements, consistent with the stand-
ards set forth in this subtitle, requiring the re-
moval from the Coastal Plain of all oil and gas 
development and production facilities, struc-
tures, and equipment upon completion of oil 
and gas production operations, except that the 
Secretary may exempt from the requirements of 
this subparagraph those facilities, structures, or 
equipment that the Secretary determines would 
assist in the management of the Arctic National 
Wildlife Refuge and that are donated to the 
United States for that purpose. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(F) Appropriate prohibitions or restrictions 
on access by all modes of transportation. 
(G) Appropriate prohibitions or restrictions 
on sand and gravel extraction. 
(H) Consolidation of facility siting. 
(I) Appropriate prohibitions or restrictions 
on use of explosives. 
(J) Avoidance, to the extent practicable, of 
springs, streams, and river system; the protec-
tion of natural surface drainage patterns, wet-
lands, and riparian habitats; and the regulation 
of methods or techniques for developing or 
transporting adequate supplies of water for ex-
ploratory drilling. 
(K) Avoidance or minimization of air traf-
fic-related disturbance to fish and wildlife. 
(L) Treatment and disposal of hazardous 
and toxic wastes, solid wastes, reserve pit 
fluids, drilling muds and cuttings, and domestic 
wastewater, including an annual waste manage-
ment report, a hazardous materials tracking 
system, and a prohibition on chlorinated sol-
vents, in accordance with applicable Federal 
and State environmental law. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(M) Fuel storage and oil spill contingency 
planning. 
(N) Research, monitoring, and reporting 
requirements. 
(O) Field crew environmental briefings. 
(P) Avoidance of significant adverse effects 
upon subsistence hunting, fishing, and trapping 
by subsistence users. 
(Q) Compliance with applicable air and 
water quality standards. 
(R) Appropriate seasonal and safety zone 
designations around well sites, within which 
subsistence hunting and trapping shall be lim-
ited. 
(S) Reasonable stipulations for protection 
of cultural and archeological resources. 
(T) All other protective environmental stip-
ulations, restrictions, terms, and conditions 
deemed necessary by the Secretary. 
(l) CONSIDERATIONS.—In preparing and promul-
gating regulations, lease terms, conditions, restrictions, 
prohibitions, and stipulations under this section, the Sec-
retary shall consider the following: 
(1) The stipulations and conditions that govern 
the National Petroleum Reserve-Alaska leasing pro-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
gram, as set forth in the 1999 Northeast National 
Petroleum Reserve-Alaska Final Integrated Activity 
Plan/Environmental Impact Statement. 
(2) The environmental protection standards 
that governed the initial Coastal Plain seismic explo-
ration program under parts 37.31 to 37.33 of title 
50, Code of Federal Regulations. 
(3) The land use stipulations for exploratory 
drilling on the KIC–ASRC private lands that are set 
forth in appendix 2 of the August 9, 1983, agree-
ment between Arctic Slope Regional Corporation and 
the United States. 
(m) ENVIRONMENTAL APPEALS BOARD.— 
(1) LIMITATION ON DELEGATION OF AUTHOR-
ITY.—The Administrator of the Environmental Pro-
tection Agency shall not delegate any authority to 
the Environmental Appeals Board to consider, re-
view, reject, remand, or otherwise invalidate any per-
mit for activity under a lease under this title. 
(2) PERFORMANCE BY SECRETARY.—The Ad-
ministrator shall perform all duties currently as-
signed to the Environmental Appeals Board in the 
Secretary’s individual capacity. 
(n) FACILITY CONSOLIDATION PLANNING.— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(1) IN GENERAL.—The Secretary shall, after 
providing for public notice and comment, prepare 
and update periodically a plan to govern, guide, and 
direct the siting and construction of facilities for the 
exploration, development, production, and transpor-
tation of Coastal Plain oil and gas resources. 
(2) OBJECTIVES.—The plan shall have the fol-
lowing objectives: 
(A) Avoiding unnecessary duplication of fa-
cilities and activities. 
(B) Encouraging consolidation of common 
facilities and activities. 
(C) Locating or confining facilities and ac-
tivities to areas that will minimize impact on 
fish and wildlife, their habitat, and the environ-
ment. 
(D) Utilizing existing facilities wherever 
practicable. 
(E) Enhancing compatibility between wild-
life values and development activities. 
(o) ACCESS
TO PUBLIC LANDS.—The Secretary 
shall— 
(1) manage public lands in the Coastal Plain 
subject to subsections (a) and (b) of section 811 of 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3121); and 
(2) ensure that local residents shall have rea-
sonable access to public lands in the Coastal Plain 
for traditional uses. 
(p) EXPEDITED JUDICIAL REVIEW.— 
(1) FILING OF COMPLAINT.— 
(A) DEADLINE.—A complaint seeking judi-
cial review of any provision of this section or 
any action of the Secretary under this section 
shall be filed— 
(i) within the 90-day period beginning 
on the date of the action being challenged; 
or 
(ii) in the case of a complaint based 
solely on grounds arising after such period, 
within 90 days after the complainant knew 
or reasonably should have known of the 
grounds for the complaint. 
(B) VENUE.—Any complaint seeking judi-
cial review of any provision of this subtitle or 
any action of the Secretary under this subtitle 
may be filed only in the United States Court of 
Appeals for the District of Columbia. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(C) LIMITATION
ON
SCOPE
OF
CERTAIN 
REVIEW.—Judicial review of a Secretarial deci-
sion to conduct a lease sale under this subtitle, 
including the environmental analysis thereof, 
shall be limited to whether the Secretary has 
complied with this subtitle and shall be based 
upon the administrative record of that decision. 
The Secretary’s identification of a preferred 
course of action to enable leasing to proceed 
and the Secretary’s analysis of environmental 
effects under this subtitle shall be presumed to 
be correct unless shown otherwise by clear and 
convincing evidence to the contrary. 
(2) LIMITATION ON OTHER REVIEW.—Actions 
of the Secretary with respect to which review could 
have been obtained under this section shall not be 
subject to judicial review in any civil or criminal pro-
ceeding for enforcement. 
SEC. 133. FEDERAL AND STATE DISTRIBUTION OF REVE-
NUES. 
(a) IN GENERAL.—All adjusted bonus, rental, and 
royalty revenues from Federal oil and gas leasing and op-
erations authorized under this subtitle shall be subject to 
distribution in the same manner as for Federal oil and 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
gas leases under section 35 of the Mineral Leasing Act 
(30 U.S.C. 191). 
(b) PAYMENTS TO ALASKA.—Payments to the State 
of Alaska under this section shall be made semiannually. 
SEC. 134. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall issue rights- 
of-way and easements across the Coastal Plain for the 
transportation of oil and gas— 
(1) except as provided in paragraph (2), under 
section 28 of the Mineral Leasing Act (30 U.S.C. 
185), without regard to title XI of the Alaska Na-
tional Interest Lands Conservation Act (30 U.S.C. 
3161 et seq.); and 
(2) under title XI of the Alaska National Inter-
est Lands Conservation Act (30 U.S.C. 3161 et 
seq.), for access authorized by sections 1110 and 
1111 of that Act (16 U.S.C. 3170 and 3171). 
(b) TERMS AND CONDITIONS.—The Secretary shall 
include in any right-of-way or easement issued under sub-
section (a) such terms and conditions as may be necessary 
to ensure that transportation of oil and gas does not result 
in a significant adverse effect on the fish and wildlife, sub-
sistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
sited or designed so as to avoid unnecessary duplication 
of roads and pipelines. 
(c) REGULATIONS.—The Secretary shall include in 
regulations under section 132 provisions granting rights- 
of-way and easements described in subsection (a). 
SEC. 135. CONVEYANCE. 
In order to maximize Federal revenues by removing 
clouds on title to lands and clarifying land ownership pat-
terns within the Coastal Plain, the Secretary, notwith-
standing section 1302(h)(2) of the Alaska National Inter-
est Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 
convey— 
(1) to the Kaktovik Inupiat Corporation the 
surface estate of the lands described in paragraph 1 
of Public Land Order 6959, to the extent necessary 
to fulfill the Corporation’s entitlement under sec-
tions 12 and 14 of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1611 and 1613) in accordance 
with the terms and conditions of the Agreement be-
tween the Department of the Interior, the United 
States Fish and Wildlife Service, the Bureau of 
Land Management, and the Kaktovik Inupiat Cor-
poration effective January 22, 1993; and 
(2) to the Arctic Slope Regional Corporation 
the remaining subsurface estate to which it is enti-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
tled pursuant to the August 9, 1983, agreement be-
tween the Arctic Slope Regional Corporation and the 
United States of America. 
SEC. 136. LOCAL GOVERNMENT IMPACT AID AND COMMU-
NITY SERVICE ASSISTANCE. 
(a) FINANCIAL ASSISTANCE AUTHORIZED.— 
(1) IN
GENERAL.—The Secretary may use 
amounts available from the Coastal Plain Local Gov-
ernment Impact Aid Assistance Fund established by 
subsection (d) to provide timely financial assistance 
to entities that are eligible under paragraph (2) and 
that are directly impacted by the exploration for or 
production of oil and gas on the Coastal Plain under 
this subtitle. 
(2) ELIGIBLE
ENTITIES.—The North Slope 
Borough, the City of Kaktovik, and any other bor-
ough, municipal subdivision, village, or other com-
munity in the State of Alaska that is directly im-
pacted by exploration for, or the production of, oil 
or gas on the Coastal Plain under this subtitle, as 
determined by the Secretary, shall be eligible for fi-
nancial assistance under this section. 
(b) USE
OF
ASSISTANCE.—Financial assistance 
under this section may be used only for— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(1) planning for mitigation of the potential ef-
fects of oil and gas exploration and development on 
environmental, social, cultural, recreational, and sub-
sistence values; 
(2) implementing mitigation plans and main-
taining mitigation projects; 
(3) developing, carrying out, and maintaining 
projects and programs that provide new or expanded 
public facilities and services to address needs and 
problems associated with such effects, including fire- 
fighting, police, water, waste treatment, medivac, 
and medical services; and 
(4) establishment of a coordination office, by 
the North Slope Borough, in the City of Kaktovik, 
that shall— 
(A) coordinate with and advise developers 
on local conditions, impact, and history of the 
areas utilized for development; and 
(B) provide to the Committee on Natural 
Resources of the House of Representatives and 
the Committee on Energy and Natural Re-
sources of the Senate an annual report on the 
status of coordination between developers and 
the communities affected by development. 
(c) APPLICATION.— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(1) IN GENERAL.—Any community that is eligi-
ble for assistance under this section may submit an 
application for such assistance to the Secretary, in 
such form and under such procedures as the Sec-
retary may prescribe by regulation. 
(2) NORTH SLOPE BOROUGH COMMUNITIES.—A 
community located in the North Slope Borough may 
apply for assistance under this section either directly 
to the Secretary or through the North Slope Bor-
ough. 
(3) APPLICATION ASSISTANCE.—The Secretary 
shall work closely with and assist the North Slope 
Borough and other communities eligible for assist-
ance under this section in developing and submitting 
applications for assistance under this section. 
(d) ESTABLISHMENT OF FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury the Coastal Plain Local Government Im-
pact Aid Assistance Fund. 
(2) USE.—Amounts in the fund may be used 
only for providing financial assistance under this 
section. 
(3) DEPOSITS.—Subject to paragraph (4), there 
shall be deposited into the fund amounts received by 
the United States as revenues derived from rents, 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
bonuses, and royalties from Federal leases and lease 
sales authorized under this subtitle. 
(4) LIMITATION
ON
DEPOSITS.—The total 
amount in the fund may not exceed $11,000,000. 
(5) INVESTMENT
OF
BALANCES.—The Sec-
retary of the Treasury shall invest amounts in the 
fund in interest bearing government securities. 
(e) AUTHORIZATION OF APPROPRIATIONS.—To pro-
vide financial assistance under this section there is author-
ized to be appropriated to the Secretary from the Coastal 
Plain Local Government Impact Aid Assistance Fund 
$5,000,000 for each fiscal year. 
Subtitle D—Improvement of Inter-
agency Coordination and Co-
operation in the Processing of 
Federal Permits for Production 
of Domestic Oil and Gas Re-
sources 
SEC. 141. REGULATORY CERTAINTY. 
(a) IN GENERAL.—The relevant regulations, guid-
ance, guidelines, and any other agency interpretations and 
rules that are in effect on the day on which a Priority 
Energy Project Developer submits an application for a 
permit, authorization, or other agency action regarding a 
Priority Energy Project shall remain in effect for purposes 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
of the agency’s evaluation, review, or action on such appli-
cation. In no event shall any regulations, guidance, guide-
lines, or any other agency interpretations and rules that 
become effective after such day be considered applicable 
to or otherwise controlling with regard to an agency’s eval-
uation, review, or action on such application. 
(b) WAIVER.—Upon providing written notice to an 
agency, a Priority Energy Project Developer may waive 
subsection (a) with respect to a specific permit application. 
In no event shall such waiver be construed as waiving sub-
section (a) regarding any other permit application or any 
other agency action for that same Priority Energy Project. 
SEC. 142. REGIONAL OFFICES AND REGIONAL PERMIT CO-
ORDINATORS. 
It is the sense of the Congress that— 
(1) within 180 days after enactment of this Act, 
the Secretary of the Interior should establish re-
gional offices in Alaska and the contiguous 48 
States to coordinate review of Federal permits for oil 
and gas projects on Federal lands onshore and on 
the outer Continental Shelf; 
(2) the regional offices should be responsible for 
coordinating the timely completion of all permitting 
activities by Federal agencies, and State agencies to 
the maximum extent practicable, with respect to any 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
oil and gas project under a Federal lease issued pur-
suant to the mineral leasing laws, either onshore or 
on the outer Continental Shelf, including oil and gas 
projects should include oil shale projects under Fed-
eral oil shale leases; 
(3) the number of regional offices should be es-
tablished by the Secretary, ensuring that there is an 
adequate number of offices in each region proximate 
to available Federal oil and gas lease tracts onshore 
and on the outer Continental Shelf to meet the de-
mands for expeditious permitting in that region; 
(4) the Secretary should designate as regional 
offices pursuant to paragraph (3) all offices estab-
lished under section 365 of the Energy Policy Act of 
2005 (42 U.S.C. 15924); 
(5) within 90 days after the enactment of this 
Act, the Secretary, the Secretary of Agriculture, the 
Secretary of Commerce, the Secretary of Transpor-
tation, the Administrator of the Environmental Pro-
tection Agency, the Chief of the Corps of Engineers, 
and the head of any other Federal agency with re-
sponsibilities related to permitting of Federal oil and 
gas leases, should enter into a memorandum of un-
derstanding establishing respective duties and re-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
sponsibilities for staffing the regional offices and ac-
complishing the objectives of this section; 
(6) not later than 30 days after the date of 
signing of a memorandum pursuant to subsection 
(c), all Federal signatory agencies should assign to 
each regional office the appropriate employees with 
expertise in the oil and gas permitting issues relat-
ing to that office, including with respect to— 
(A) consultation and preparation of bio-
logical opinions under section 7 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1536); 
(B) regulatory matters under the Clean 
Air Act (42 U.S.C. 7401 et seq.); 
(C) planning under the National Forest 
Management Act of 1976 (16 U.S.C. 472a et 
seq.); 
(D) the preparation of analyses under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) (NEPA); 
(E) the preparation of analyses and the 
issuance of approvals as required under the 
Coastal Zone Management Act (33 U.S.C. 1451 
et seq.); 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(F) authorizations pursuant to the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 
1361 et seq.); 
(G) the issuance of permits as may be re-
quired for the discharge of dredged or fill mate-
rial into the waters of the United States, in-
cluding wetlands, under section 404 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1344); 
(H) applications for permits to drill under 
the Mineral Leasing Act (30 U.S.C. 181 et 
seq.); 
(I) exploration plans and development and 
production plans and associated permits under 
the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.); and 
(J) to the maximum extent practicable, for 
purposes of this paragraph, Federal agencies 
should give preference to employees volun-
teering for reassignment to the regional offices, 
and should offer incentives to attract and retain 
regional office employees, including retaining 
contract employees, rotational assignments, sal-
ary incentives of up to 120 percent of an em-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
ployee’s existing salary immediately prior to re-
assignment, or any combination of strategies; 
(7) each employee assigned pursuant to para-
graph (6) should— 
(A) within 90 days after the date of as-
signment, report to the regional office to which 
the employee is assigned; 
(B) be responsible for all issues relating to 
the jurisdiction of the home office or agency of 
the employee; and 
(C) participate as part of the team work-
ing on proposed oil and gas projects, planning, 
and environmental analyses; and 
(8) the Secretary should appoint a Regional 
Permit Coordinator to be located within each re-
gional office established pursuant to this section, 
with full authority to act on behalf of the Secretary, 
and consistent with the purposes of this subtitle, the 
Regional Permit Coordinators should— 
(A) pursue interagency coordination and 
cooperation in the processing of permits re-
quired to support oil and gas use authorizations 
on Federal lands; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(B) maintain or enhance high standards of 
safety and environmental protection through 
improved coordination; 
(C) achieve process streamlining and in-
creased interagency efficiency, including elimi-
nation of duplication between Federal and State 
agencies; 
(D) seek improved information sharing and 
use, and an improved understanding of respec-
tive agency mandates, roles, and responsibil-
ities; 
(E) provide a more consistent approach for 
the application of environmental science that 
will ensure environmental protection for all 
areas affected by outer Continental Shelf devel-
opment, including Alaska; and 
(F) establish mechanisms to enhance co-
ordination with State agencies with expertise 
and responsibilities related to oil and gas use 
authorizations. 
SEC. 143. REVIEWS AND ACTIONS OF FEDERAL AGENCIES. 
(a) SCHEDULES
FOR TIMELY PERMIT DECISION-
MAKING.— 
(1) NOTIFICATION OF APPLICANT.—Within 10 
days after the date on which the Secretary receives 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
any oil and gas permit application or amended appli-
cation, the Secretary shall either notify the applicant 
that the application is complete or notify the appli-
cant that information is missing and specify the in-
formation that is required to be submitted for the 
application to be complete. 
(2) CLASSIFICATION
OF
PERMIT.—Within 30 
days after notifying such a permit applicant that an 
application is complete, the Secretary, in consulta-
tion with the permit applicant as necessary, shall de-
termine and inform the Regional Permit Coordinator 
responsible for that project area whether the pro-
posed permit is a class I, class II, or class III per-
mit. The Regional Permit Coordinator shall as soon 
as possible, but in no event later than 30 days fol-
lowing the Secretary’s determination, establish a 
binding schedule to ensure the most expeditious pos-
sible review and processing of the requested permit 
in accordance with this section. 
(b) PERMIT CLASSES AND SCHEDULES.— 
(1) CLASS I PERMITS.—An oil and gas permit 
shall be designated as a class I permit under this 
section if the permitted activity is of a nature that 
would typically require preparation of an environ-
mental impact statement under the National Envi-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
ronmental Policy Act of 1969 to inform the permit-
ting decision. For such permits, the Regional Permit 
Coordinator shall establish a schedule for timely 
completion of all permit reviews and processing, not 
to exceed 30 months. The Regional Permit Coordi-
nator shall make the schedule publicly available 
within 10 days after the schedule is established. 
(2) CLASS II PERMITS.—An oil and gas permit 
shall be designated as a class II permit under this 
section if the permitted activity is of a nature that 
would typically be found not to significantly affect 
the quality of the human environment under the Na-
tional Environmental Policy Act of 1969. For such 
permits, the Regional Permit Coordinator shall es-
tablish the most expeditious schedule possible for 
completion of all permit reviews and processing, not 
to exceed 90 days. The Regional Permit Coordinator 
may grant a one-time extension of that schedule, not 
to exceed 60 days, upon a good cause showing that 
additional time is necessary to complete permit deci-
sions. Not later than 15 days after establishing or 
extending any schedule for a class II permit, the Re-
gional Permit Coordinator shall provide the permit 
applicant with the schedule. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(3) CLASS III PERMITS AND CATEGORICAL EX-
CLUSIONS.— 
(A) IN GENERAL.—Notwithstanding para-
graphs (1) and (2), an oil and gas permit shall 
be designated as a class III permit under this 
section if the permitted activity either qualifies 
for a statutory or regulatory categorical exclu-
sion under the National Environmental Policy 
Act of 1969 or if the requirements under the 
National Environmental Policy Act of 1969 and 
other applicable law for the permit have been 
completed within 30 days after the date of a 
complete application. For such permits, the per-
mit shall be issued within 30 days after the 
date of a complete application. 
(B) PURPOSE.—It is recognized that the 
purpose for issuing a categorical exclusion is to 
eliminate the need for unnecessary paperwork 
and effort under the National Environmental 
Policy Act of 1969 for categories of actions that 
normally do not warrant preparation of an envi-
ronmental impact statement or environmental 
assessment. 
(C) REBUTTABLE PRESUMPTION.—In the 
case of permits issued by the Bureau of Land 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
Management, the activities described in section 
390 of the Energy Policy Act of 2005 (42 
U.S.C. 15942) shall be entitled to a rebuttable 
presumption that a categorical exclusion shall 
apply if the activities are to be conducted pur-
suant to the Mineral Leasing Act (30 U.S.C. 
181 et seq.), unless the Bureau shall have 
found extraordinary circumstances to exist as a 
result of a review conducted in accordance with 
43 CFR 46.20(c), 43 CFR 46.215, and chapter 
4 and appendix 5 of the Bureau of Land Man-
agement NEPA Handbook, and shall have re-
ported the findings of this review to the Re-
gional Permit Coordinator within 30 days after 
the date of a complete application. If extraor-
dinary circumstances exist in relation to the ac-
tivities being considered, then the application 
shall be eligible for a class I or class II permit 
as appropriate under this section. 
(4) RECLASSIFICATION OF CLASS II PERMIT.— 
If prior to the expiration of the established schedule 
for a class II permit newly discovered information 
indicates that the class II permit will significantly 
affect the quality of the human environment, the 
Secretary may, in consultation with the permit appli-
VerDate Mar 15 2010 
22:53 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
cant, reclassify the permit as a class I permit under 
paragraph (1), and the Regional Coordinator shall 
establish an amended schedule that complies with 
the provisions of that paragraph. 
(c) DISPUTE RESOLUTION.—The Regional Permit 
Coordinator shall resolve all administrative issues that af-
fect oil and gas permit reviews. The Regional Permit Coor-
dinator shall report to the head of the relevant action 
agency, or his or her designee, for resolution of any issue 
regarding an oil and gas permit that may result in missing 
the schedule deadlines established pursuant to subsection 
(b). The Regional Permit Coordinators shall include data 
regarding the incidence and resolution of disputes under 
this subsection in their reports to the Secretary. 
(d) REMEDIES.— 
(1) IN GENERAL.—An applicant for a class I 
permit may bring a cause of action to seek expedited 
mandamus review, pursuant to the procedures in 
section 174, if a Regional Permit Coordinator or the 
Secretary fails to— 
(A) establish a schedule in accordance with 
subsection (b); 
(B) enforce and ensure completion of re-
views within schedule deadlines; or 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(C) take all actions as are necessary and 
proper to avoid jeopardizing the timely comple-
tion of the entire schedule. 
(2) FAILURE TO COMPLY WITH SCHEDULE.—If 
an agency fails to complete its review of and issue 
a decision upon a permit within the schedule estab-
lished by the Court pursuant to section 174, that 
permit shall be deemed granted to the applicant. 
(e) PROHIBITION OF CERTAIN TERMS AND CONDI-
TIONS.—No Federal agency may include in any permit, 
right-of-way, or other authorization issued for an oil and 
gas project subject to the provisions of this subtitle, any 
term or condition that may be authorized, but is not re-
quired, by the provisions of any applicable law, if such 
term or condition would prevent or impair in any signifi-
cant respect completion of a permit review within the time 
schedule established pursuant to subsection (b) or would 
otherwise impair in any significant respect expeditious oil 
and gas development. No Regional Permit Coordinator 
shall have any authority to impose any terms, conditions, 
or requirements beyond those imposed by any Federal law, 
agency, regulation, or lease term. 
(f) CONSOLIDATED RECORD.—The Secretary, acting 
through the appropriate Regional Permit Coordinator, 
with the cooperation of Federal and State administrative 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
officials and agencies, shall maintain a complete, consoli-
dated record of all decisions made or actions taken by the 
Regional Permit Coordinators or by any Federal agency 
with respect to any oil and gas permit. 
(g) FUNDING.—The Secretary shall carry out this 
section with amounts that are otherwise available for re-
lated purposes. 
SEC. 144. LEAD AGENCY. 
(a) APPLICABILITY.—The provisions of this section 
apply pursuant to this Act only where a Priority Energy 
Project is subject to the jurisdiction of more than one Fed-
eral agency or upon the election of the Priority Energy 
Project Developer. 
(b) LEAD AGENCY.—The Federal Energy Regulatory 
Commission shall act as the lead agency for purposes of 
coordinating, reviewing, or otherwise granting any permit 
or authorization or other agency action regarding a Pri-
ority Energy Project pursuant to this Act. 
(c) AUTHORITY TO SET DEADLINES.—The Federal 
Energy Regulatory Commission, in consultation with other 
Federal agencies and, as appropriate, with Indian tribes, 
multi-State entities, and State agencies that are willing 
to coordinate their own separate permitting and environ-
mental reviews with the lead agency, shall establish 
prompt and binding intermediate milestones and final 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
deadlines for the granting of permits or authorizations or 
other agency actions relating to the Priority Energy 
Project not later than 90 days following notification by 
a Priority Energy Project Developer that it is invoking 
the provisions of this section for its Priority Energy 
Project. 
(d) REQUIREMENT TO MEET DEADLINES.—All Fed-
eral agencies shall meet the deadlines established under 
subsection (c) and cooperate fully with the Federal Energy 
Regulatory Commission in its capacity as lead agency pur-
suant to this Act. In the event an agency fails to act in 
accordance with a final deadline established pursuant to 
subsection (c) regarding a Priority Energy Project, the 
permit or authorization or other agency action shall be 
deemed granted and approved. 
(e) APPEALS.—As lead agency, the Federal Energy 
Regulatory Commission shall hear all agency appeals in 
lieu of an affected agency regarding a Priority Energy 
Project and in hearing such appeals is authorized to re-
mand, reverse, or revise any agency decision. 
(f) CONSOLIDATED RECORD.—As lead agency, the 
Federal Energy Regulatory Commission, in consultation 
with other Federal agencies, shall prepare a single envi-
ronmental review document, which shall be used as the 
basis for all decisions regarding the Priority Energy 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
Project under Federal law. The document may be an envi-
ronmental assessment or environmental impact statement 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), if warranted, or such other form 
of analysis. 
(g) RESOURCES.—All Federal agencies are required, 
upon request of the Federal Energy Regulatory Commis-
sion, as lead agency, to allocate personnel and other re-
sources to assist it in fulfilling its obligations under this 
section. 
(h) RELATIONSHIP TO NEPA AND ENERGY POLICY 
ACT OF 2005.— 
(1) IN GENERAL.—Section 390(a) of the En-
ergy Policy Act of 2005 (42 U.S.C. 15942(a)) is 
amended— 
(A) by striking ‘‘rebuttable presumption 
that the use of a’’; and 
(B) by striking ‘‘would apply’’. 
(2) MINERAL LEASING ACT.—Section 17(p) of 
the Mineral Leasing Act (30 U.S.C. 226(p)) is re-
pealed. 
(i) ADDITIONAL POWERS AND RESPONSIBILITIES.— 
(1) REGIONAL
PERMIT
COORDINATOR
RE-
PORTS.—The Regional Permit Coordinators shall 
each submit a report to the Secretary by December 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
31 of each year that documents each office’s per-
formance in meeting the objectives under this sub-
title, including recommendations to further stream-
line the permitting process. 
(2) REDIRECTION
OF
PRIORITIES
OR
RE-
SOURCES.—In order to expedite overall permitting 
activity, the Secretary may redirect the priority of 
regional office activities or the allocation of re-
sources among such offices, and shall engage the 
agencies that are parties to the memorandum of un-
derstanding under section 142(c) to the extent such 
adjustments implicate their respective staffs or re-
sources. 
(3) REPORT TO CONGRESS.—Beginning 3 years 
after the date of enactment of this Act, the Sec-
retary shall prepare and submit a report to the 
President and Congress by April 15 of each year 
that outlines the results achieved under this subtitle 
and makes recommendations to the President and 
Congress for further improvements in processing oil 
and gas permits on Federal lands. 
SEC. 145. CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING. 
Chapter 8 of title 5, United States Code, is amended 
to read as follows: 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
‘‘CHAPTER 8—CONGRESSIONAL REVIEW 
OF AGENCY RULEMAKING 
‘‘Sec. 
‘‘801. Congressional review. 
‘‘802. Congressional approval procedure for major rules. 
‘‘803. Congressional disapproval procedure for nonmajor rules. 
‘‘804. Definitions. 
‘‘805. Judicial review. 
‘‘806. Exemption for monetary policy. 
‘‘807. Effective date of certain rules. 
‘‘§ 801. Congressional review 
‘‘(a)(1)(A) Before a rule may take effect, the Federal 
agency promulgating such rule shall submit to each House 
of the Congress and to the Comptroller General a report 
containing— 
‘‘(i) a copy of the rule; 
‘‘(ii) a concise general statement relating to the 
rule; 
‘‘(iii) a classification of the rule as a major or 
nonmajor rule, including an explanation of the clas-
sification specifically addressing each criteria for a 
major rule contained within sections 804(2)(A), 
804(2)(B), and 804(2)(C); 
‘‘(iv) a list of any other related regulatory ac-
tions intended to implement the same statutory pro-
vision or regulatory objective as well as the indi-
vidual and aggregate economic effects of those ac-
tions; and 
‘‘(v) the proposed effective date of the rule. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
‘‘(B) On the date of the submission of the report 
under subparagraph (A), the Federal agency promulgating 
the rule shall submit to the Comptroller General and make 
available to each House of Congress— 
‘‘(i) a complete copy of the cost-benefit analysis 
of the rule, if any, including an analysis of any jobs 
added or lost, differentiating between public and pri-
vate sector jobs; 
‘‘(ii) the agency’s actions pursuant to sections 
603, 604, 605, 607, and 609 of this title; 
‘‘(iii) the agency’s actions pursuant to sections 
202, 203, 204, and 205 of the Unfunded Mandates 
Reform Act of 1995; and 
‘‘(iv) any other relevant information or require-
ments under any other Act and any relevant Execu-
tive orders. 
‘‘(C) Upon receipt of a report submitted under sub-
paragraph (A), each House shall provide copies of the re-
port to the chairman and ranking member of each stand-
ing committee with jurisdiction under the rules of the 
House of Representatives or the Senate to report a bill 
to amend the provision of law under which the rule is 
issued. 
‘‘(2)(A) The Comptroller General shall provide a re-
port on each major rule to the committees of jurisdiction 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
by the end of 15 calendar days after the submission or 
publication date as provided in section 802(b)(2). The re-
port of the Comptroller General shall include an assess-
ment of the agency’s compliance with procedural steps re-
quired by paragraph (1)(B). 
‘‘(B) Federal agencies shall cooperate with the Comp-
troller General by providing information relevant to the 
Comptroller General’s report under subparagraph (A). 
‘‘(3) A major rule relating to a report submitted 
under paragraph (1) shall take effect upon enactment of 
a joint resolution of approval described in section 802 or 
as provided for in the rule following enactment of a joint 
resolution of approval described in section 802, whichever 
is later. 
‘‘(4) A nonmajor rule shall take effect as provided 
by section 803 after submission to Congress under para-
graph (1). 
‘‘(5) If a joint resolution of approval relating to a 
major rule is not enacted within the period provided in 
subsection (b)(2), then a joint resolution of approval relat-
ing to the same rule may not be considered under this 
chapter in the same Congress by either the House of Rep-
resentatives or the Senate. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
‘‘(b)(1) A major rule shall not take effect unless the 
Congress enacts a joint resolution of approval described 
under section 802. 
‘‘(2) If a joint resolution described in subsection (a) 
is not enacted into law by the end of 70 session days or 
legislative days, as applicable, beginning on the date on 
which the report referred to in section 801(a)(1)(A) is re-
ceived by Congress (excluding days either House of Con-
gress is adjourned for more than 3 days during a session 
of Congress), then the rule described in that resolution 
shall be deemed not to be approved and such rule shall 
not take effect. 
‘‘(c)(1) Notwithstanding any other provision of this 
section (except subject to paragraph (3)), a major rule 
may take effect for one 90-calendar-day period if the 
President makes a determination under paragraph (2) and 
submits written notice of such determination to the Con-
gress. 
‘‘(2) Paragraph (1) applies to a determination made 
by the President by Executive order that the major rule 
should take effect because such rule is— 
‘‘(A) necessary because of an imminent threat 
to health or safety or other emergency; 
‘‘(B) necessary for the enforcement of criminal 
laws; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
‘‘(C) necessary for national security; or 
‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement. 
‘‘(3) An exercise by the President of the authority 
under this subsection shall have no effect on the proce-
dures under section 802. 
‘‘(d)(1) In addition to the opportunity for review oth-
erwise provided under this chapter, in the case of any rule 
for which a report was submitted in accordance with sub-
section (a)(1)(A) during the period beginning on the date 
occurring— 
‘‘(A) in the case of the Senate, 60 session days, 
or 
‘‘(B) in the case of the House of Representa-
tives, 60 legislative days, 
before the date the Congress is scheduled to adjourn a 
session of Congress through the date on which the same 
or succeeding Congress first convenes its next session, sec-
tions 802 and 803 shall apply to such rule in the suc-
ceeding session of Congress. 
‘‘(2)(A) In applying sections 802 and 803 for pur-
poses of such additional review, a rule described under 
paragraph (1) shall be treated as though— 
‘‘(i) such rule were published in the Federal 
Register on— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
‘‘(I) in the case of the Senate, the 15th 
session day, or 
‘‘(II) in the case of the House of Rep-
resentatives, the 15th legislative day, 
after the succeeding session of Congress first con-
venes; and 
‘‘(ii) a report on such rule were submitted to 
Congress under subsection (a)(1) on such date. 
‘‘(B) Nothing in this paragraph shall be construed 
to affect the requirement under subsection (a)(1) that a 
report shall be submitted to Congress before a rule can 
take effect. 
‘‘(3) A rule described under paragraph (1) shall take 
effect as otherwise provided by law (including other sub-
sections of this section). 
‘‘§ 802. Congressional approval procedure for major 
rules 
‘‘(a)(1) For purposes of this section, the term ‘joint 
resolution’ means only a joint resolution addressing a re-
port classifying a rule as major pursuant to section 
801(a)(1)(A)(iii) that— 
‘‘(A) bears no preamble; 
‘‘(B) bears the following title (with blanks filled 
as appropriate): ‘Approving the rule submitted by 
lll relating to lll.’; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
‘‘(C) includes after its resolving clause only the 
following (with blanks filled as appropriate): ‘That 
Congress approves the rule submitted by lll re-
lating to lll.’; and 
‘‘(D) is introduced pursuant to paragraph (2). 
‘‘(2) After a House of Congress receives a report 
classifying a rule as major pursuant to section 
801(a)(1)(A)(iii), the majority leader of that House (or 
his or her respective designee) shall introduce (by request, 
if appropriate) a joint resolution described in paragraph 
(1)— 
‘‘(A) in the case of the House of Representa-
tives, within three legislative days; and 
‘‘(B) in the case of the Senate, within three ses-
sion days. 
‘‘(3) A joint resolution described in paragraph (1) 
shall not be subject to amendment at any stage of pro-
ceeding. 
‘‘(b) A joint resolution described in subsection (a) 
shall be referred in each House of Congress to the commit-
tees having jurisdiction over the provision of law under 
which the rule is issued. 
‘‘(c) In the Senate, if the committee or committees 
to which a joint resolution described in subsection (a) has 
been referred have not reported it at the end of 15 session 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
days after its introduction, such committee or committees 
shall be automatically discharged from further consider-
ation of the resolution and it shall be placed on the cal-
endar. A vote on final passage of the resolution shall be 
taken on or before the close of the 15th session day after 
the resolution is reported by the committee or committees 
to which it was referred, or after such committee or com-
mittees have been discharged from further consideration 
of the resolution. 
‘‘(d)(1) In the Senate, when the committee or com-
mittees to which a joint resolution is referred have re-
ported, or when a committee or committees are discharged 
(under subsection (c)) from further consideration of a 
joint resolution described in subsection (a), it is at any 
time thereafter in order (even though a previous motion 
to the same effect has been disagreed to) for a motion 
to proceed to the consideration of the joint resolution, and 
all points of order against the joint resolution (and against 
consideration of the joint resolution) are waived. The mo-
tion is not subject to amendment, or to a motion to post-
pone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which 
the motion is agreed to or disagreed to shall not be in 
order. If a motion to proceed to the consideration of the 
joint resolution is agreed to, the joint resolution shall re-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
main the unfinished business of the Senate until disposed 
of. 
‘‘(2) In the Senate, debate on the joint resolution, 
and on all debatable motions and appeals in connection 
therewith, shall be limited to not more than 2 hours, which 
shall be divided equally between those favoring and those 
opposing the joint resolution. A motion to further limit 
debate is in order and not debatable. An amendment to, 
or a motion to postpone, or a motion to proceed to the 
consideration of other business, or a motion to recommit 
the joint resolution is not in order. 
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
section (a), and a single quorum call at the conclusion of 
the debate if requested in accordance with the rules of the 
Senate, the vote on final passage of the joint resolution 
shall occur. 
‘‘(4) Appeals from the decisions of the Chair relating 
to the application of the rules of the Senate to the proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate. 
‘‘(e) In the House of Representatives, if any com-
mittee to which a joint resolution described in subsection 
(a) has been referred has not reported it to the House 
at the end of 15 legislative days after its introduction, 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
such committee shall be discharged from further consider-
ation of the joint resolution, and it shall be placed on the 
appropriate calendar. On the second and fourth Thursdays 
of each month it shall be in order at any time for the 
Speaker to recognize a Member who favors passage of a 
joint resolution that has appeared on the calendar for at 
least 5 legislative days to call up that joint resolution for 
immediate consideration in the House without intervention 
of any point of order. When so called up a joint resolution 
shall be considered as read and shall be debatable for 1 
hour equally divided and controlled by the proponent and 
an opponent, and the previous question shall be considered 
as ordered to its passage without intervening motion. It 
shall not be in order to reconsider the vote on passage. 
If a vote on final passage of the joint resolution has not 
been taken by the third Thursday on which the Speaker 
may recognize a Member under this subsection, such vote 
shall be taken on that day. 
‘‘(f)(1) If, before passing a joint resolution described 
in subsection (a), one House receives from the other a 
joint resolution having the same text, then— 
‘‘(A) the joint resolution of the other House 
shall not be referred to a committee; and 
‘‘(B) the procedure in the receiving House shall 
be the same as if no joint resolution had been re-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
ceived from the other House until the vote on pas-
sage, when the joint resolution received from the 
other House shall supplant the joint resolution of 
the receiving House. 
‘‘(2) This subsection shall not apply to the House of 
Representatives if the joint resolution received from the 
Senate is a revenue measure. 
‘‘(g) If either House has not taken a vote on final 
passage of the joint resolution by the last day of the period 
described in section 801(b)(2), then such vote shall be 
taken on that day. 
‘‘(h) This section and section 803 are enacted by 
Congress— 
‘‘(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respec-
tively, and as such is deemed to be part of the rules 
of each House, respectively, but applicable only with 
respect to the procedure to be followed in that 
House in the case of a joint resolution described in 
subsection (a) and superseding other rules only 
where explicitly so; and 
‘‘(2) with full recognition of the Constitutional 
right of either House to change the rules (so far as 
they relate to the procedure of that House) at any 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
time, in the same manner and to the same extent as 
in the case of any other rule of that House. 
‘‘§ 803. 
Congressional 
disapproval 
procedure 
for 
nonmajor rules 
‘‘(a) For purposes of this section, the term ‘joint res-
olution’ means only a joint resolution introduced in the 
period beginning on the date on which the report referred 
to in section 801(a)(1)(A) is received by Congress and 
ending 60 days thereafter (excluding days either House 
of Congress is adjourned for more than 3 days during a 
session of Congress), the matter after the resolving clause 
of which is as follows: ‘That Congress disapproves the 
nonmajor rule submitted by the lll relating to 
lll, and such rule shall have no force or effect.’ (The 
blank spaces being appropriately filled in). 
‘‘(b)(1) A joint resolution described in subsection (a) 
shall be referred to the committees in each House of Con-
gress with jurisdiction. 
‘‘(2) For purposes of this section, the term submis-
sion or publication date means the later of the date on 
which— 
‘‘(A) the Congress receives the report submitted 
under section 801(a)(1); or 
‘‘(B) the nonmajor rule is published in the Fed-
eral Register, if so published. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
‘‘(c) In the Senate, if the committee to which is re-
ferred a joint resolution described in subsection (a) has 
not reported such joint resolution (or an identical joint 
resolution) at the end of 15 session days after the date 
of introduction of the joint resolution, such committee may 
be discharged from further consideration of such joint res-
olution upon a petition supported in writing by 30 Mem-
bers of the Senate, and such joint resolution shall be 
placed on the calendar. 
‘‘(d)(1) In the Senate, when the committee to which 
a joint resolution is referred has reported, or when a com-
mittee is discharged (under subsection (c)) from further 
consideration of a joint resolution described in subsection 
(a), it is at any time thereafter in order (even though a 
previous motion to the same effect has been disagreed to) 
for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint resolu-
tion (and against consideration of the joint resolution) are 
waived. The motion is not subject to amendment, or to 
a motion to postpone, or to a motion to proceed to the 
consideration of other business. A motion to reconsider the 
vote by which the motion is agreed to or disagreed to shall 
not be in order. If a motion to proceed to the consideration 
of the joint resolution is agreed to, the joint resolution 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
shall remain the unfinished business of the Senate until 
disposed of. 
‘‘(2) In the Senate, debate on the joint resolution, 
and on all debatable motions and appeals in connection 
therewith, shall be limited to not more than 10 hours, 
which shall be divided equally between those favoring and 
those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment 
to, or a motion to postpone, or a motion to proceed to 
the consideration of other business, or a motion to recom-
mit the joint resolution is not in order. 
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
section (a), and a single quorum call at the conclusion of 
the debate if requested in accordance with the rules of the 
Senate, the vote on final passage of the joint resolution 
shall occur. 
‘‘(4) Appeals from the decisions of the Chair relating 
to the application of the rules of the Senate to the proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate. 
‘‘(e) In the Senate the procedure specified in sub-
section (c) or (d) shall not apply to the consideration of 
a joint resolution respecting a nonmajor rule— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
‘‘(1) after the expiration of the 60 session days 
beginning with the applicable submission or publica-
tion date, or 
‘‘(2) if the report under section 801(a)(1)(A) 
was submitted during the period referred to in sec-
tion 801(d)(1), after the expiration of the 60 session 
days beginning on the 15th session day after the 
succeeding session of Congress first convenes. 
‘‘(f) If, before the passage by one House of a joint 
resolution of that House described in subsection (a), that 
House receives from the other House a joint resolution 
described in subsection (a), then the following procedures 
shall apply: 
‘‘(1) The joint resolution of the other House 
shall not be referred to a committee. 
‘‘(2) With respect to a joint resolution described 
in subsection (a) of the House receiving the joint 
resolution— 
‘‘(A) the procedure in that House shall be 
the same as if no joint resolution had been re-
ceived from the other House; but 
‘‘(B) the vote on final passage shall be on 
the joint resolution of the other House. 
‘‘§ 804. Definitions 
‘‘For purposes of this chapter— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
‘‘(1) The term ‘Federal agency’ means any 
agency as that term is defined in section 551(1). 
‘‘(2) The term ‘major rule’ means any rule, in-
cluding an interim final rule, that the Administrator 
of the Office of Information and Regulatory Affairs 
of the Office of Management and Budget finds has 
resulted in or is likely to result in— 
‘‘(A) an annual effect on the economy of 
$100,000,000 or more; 
‘‘(B) a major increase in costs or prices for 
consumers, 
individual 
industries, 
Federal, 
State, or local government agencies, or geo-
graphic regions; or 
‘‘(C) significant adverse effects on competi-
tion, employment, investment, productivity, in-
novation, or on the ability of United States- 
based enterprises to compete with foreign-based 
enterprises in domestic and export markets. 
‘‘(3) The term ‘nonmajor rule’ means any rule 
that is not a major rule. 
‘‘(4) The term ‘rule’ has the meaning given 
such term in section 551, except that such term does 
not include— 
‘‘(A) any rule of particular applicability, 
including a rule that approves or prescribes for 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
the future rates, wages, prices, services, or al-
lowances therefore, corporate or financial struc-
tures, reorganizations, mergers, or acquisitions 
thereof, or accounting practices or disclosures 
bearing on any of the foregoing; 
‘‘(B) any rule relating to agency manage-
ment or personnel; or 
‘‘(C) any rule of agency organization, pro-
cedure, or practice that does not substantially 
affect the rights or obligations of non-agency 
parties. 
‘‘§ 805. Judicial review 
‘‘(a) No determination, finding, action, or omission 
under this chapter shall be subject to judicial review. 
‘‘(b) Notwithstanding subsection (a), a court may de-
termine whether a Federal agency has completed the nec-
essary requirements under this chapter for a rule to take 
effect. 
‘‘(c) The enactment of a joint resolution of approval 
under section 802 shall not be interpreted to serve as a 
grant or modification of statutory authority by Congress 
for the promulgation of a rule, shall not extinguish or af-
fect any claim, whether substantive or procedural, against 
any alleged defect in a rule, and shall not form part of 
the record before the court in any judicial proceeding con-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
cerning a rule except for purposes of determining whether 
or not the rule is in effect. 
‘‘§ 806. Exemption for monetary policy 
‘‘Nothing in this chapter shall apply to rules that con-
cern monetary policy proposed or implemented by the 
Board of Governors of the Federal Reserve System or the 
Federal Open Market Committee. 
‘‘§ 807. Effective date of certain rules 
‘‘Notwithstanding section 801— 
‘‘(1) any rule that establishes, modifies, opens, 
closes, or conducts a regulatory program for a com-
mercial, recreational, or subsistence activity related 
to hunting, fishing, or camping; or 
‘‘(2) any rule other than a major rule which an 
agency for good cause finds (and incorporates the 
finding and a brief statement of reasons therefore in 
the rule issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary 
to the public interest, 
shall take effect at such time as the Federal agency pro-
mulgating the rule determines.’’. 
SEC. 146. STATE COORDINATION REGARDING FEDERAL OIL 
AND GAS PERMITTING. 
(a) IN GENERAL.—The Secretary shall invite the 
Governor of any State wherein an oil and gas operation 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
may require a Federal permit, or the coastline of which 
is in immediate geographic proximity to oil and gas oper-
ations on the outer Continental Shelf, to be a signatory 
to the memorandum under section 142(c) for purposes of 
fulfilling any State responsibilities with respect to Federal 
oil and gas permitting decisions. The Regional Permit Co-
ordinators shall facilitate and coordinate concurrent State 
reviews of requested permits for oil and gas projects on 
the outer Continental Shelf. 
(b) COOPERATIVE
AGREEMENTS.—The Secretary 
may enter into cooperative agreements with affected 
States for purposes of this section, consistent with this 
title and other applicable Federal law. Such agreements 
may include the sharing of information, the joint utiliza-
tion of available expertise, the facilitating of permitting 
procedures, joint planning and review, and the formation 
of joint surveillance and monitoring arrangements to carry 
out applicable Federal and State laws, regulations, and 
stipulations relevant to oil and gas operations that may 
be carried out pursuant to this title. 
SEC. 147. STATE CONSULTATION. 
A Federal agency with jurisdiction over a Priority 
Energy Project may delegate to the State in which the 
Priority Energy Project is located the Federal agency’s 
responsibilities for environmental reviews, consultations, 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
or decisions or other actions required under any Federal 
law regarding the Priority Energy Project. After authority 
is delegated under this section to a State it may be re-
voked only by an Act of Congress. The Federal agency 
may provide financial and other forms of assistance to 
States, multistate entities, and Indian tribes to facilitate 
the coordination and delegation under this section. 
SEC. 148. SAVINGS PROVISION. 
Except as expressly stated, nothing in this subtitle 
affects— 
(1) the applicability of any Federal or State 
law; or 
(2) any delegation of authority made by the 
head of a Federal agency the employees of which are 
participating in the implementation of this subtitle. 
SEC. 149. REVIEW OF AGENCY PERMITTING DECISIONS. 
(a) ADMINISTRATIVE REVIEW.—Any oil and gas per-
mitting decision for Federal lands onshore or on the outer 
Continental Shelf under this subtitle shall not be subject 
to further administrative review within the respective Fed-
eral agency responsible for that decision, and shall be the 
final decision of that agency for purposes of judicial re-
view. 
(b) JUDICIAL REVIEW.—Any oil and gas permitting 
decision for Federal lands onshore or on the outer Conti-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
nental Shelf under this subtitle shall be subject to judicial 
review only in accordance with section 174. 
SEC. 150. DEADLINE FOR DECISION ON AGENCY APPEALS. 
(a) DEADLINE FOR DECISION.—Not later than 120 
days after the date of the filing of an appeal by a Priority 
Energy Project Developer, the agency shall issue a final 
decision. 
(b) FAILURE TO ACT.—In the event the agency fails 
to meet the deadline of this section, the appeal shall be 
decided in favor of the Priority Energy Project Developer. 
Subtitle E—Prohibition on New 
Wilderness or Wilderness Study 
Areas on Lands Administered by 
the BLM Without Congressional 
Approval; Indian Land Develop-
ment 
SEC. 161. REPEAL OF EXECUTIVE ORDER. 
The Bureau of Land Management shall not imple-
ment, administer, or enforce Secretarial Order No. 3310, 
issued by the Secretary of the Interior on December 22, 
2010, except by Congressional approval. 
SEC. 162. WILDERNESS DESIGNATION PROCEDURES. 
(a) PRECONDITION
TO DESIGNATION.—The Sec-
retary of the Interior may not designate or issue a rec-
ommendation to designate a wilderness or wilderness 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
study area as ‘‘Wild Lands’’, ‘‘Wilderness’’, or any other 
protective designation on lands administered by the Bu-
reau of Land Management before the last day of the 30- 
day period beginning on the date on which the Secretary 
provides a description and map of the land proposed to 
be so designated to Congress and to the Governor of each 
State with jurisdiction over parcels of land located within 
the boundaries of the area proposed to be designated. 
(b) PUBLIC PARTICIPATION.— 
(1) PUBLIC HEARING REQUIREMENT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (D), not later than 90 days after the 
date on which the Secretary of Interior issues 
a recommendation under subsection (a), the 
Secretary shall hold not fewer than one public 
hearing within a county (or comparable unit of 
local government) located wholly or in part 
within the boundaries of the proposed wilder-
ness or wilderness study area. The Secretary 
shall ensure that all interested individuals are 
afforded an opportunity to participate in a 
hearing held under this paragraph. 
(B) COMMENTS.—The Secretary of the In-
terior shall solicit comments from the public at 
a hearing held under subparagraph (A), and 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
shall enter all comments received at or related 
to such hearing into the record of the hearing. 
(C) AVAILABILITY OF RECORD.—The Sec-
retary of the Interior shall promptly make the 
record of a hearing held under subparagraph 
(A), including a transcript of the hearing, avail-
able to the public on the Internet or by other 
electronic means. The Secretary shall ensure 
that any components of the record that are 
completed before the entire record is finalized 
are made available upon their completion. 
(D) WAIVER.—The Secretary of the Inte-
rior may decline to hold a public hearing under 
subparagraph (A) if each unit of local govern-
ment located wholly or in part within the 
boundaries of the national monument expressly 
waives the right to such hearing. 
(2) NOTICE AND COMMENT PERIOD REQUIRE-
MENT.—Not later than 30 days after the date on 
which Secretary of Interior issues a recommendation 
under subsection (a), the Secretary shall initiate a 
notice and comment period to receive comments 
from the public regarding the recommendation. 
(3) REPORT.— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(A) CONTENTS.—Not later than one year 
after issuing a recommendation to designate a 
wilderness or wilderness study area under sub-
section (a), the Secretary shall submit to Con-
gress a report containing the following: 
(i) An analysis of the economic impact 
of the designation on the communities 
within 100 miles of the boundaries of the 
proposed wilderness or wilderness study 
area, including an estimate of the tax reve-
nues that will be lost to, or gained for, the 
Federal, State, and local governments as a 
result of the designation. 
(ii) An analysis of the impact the des-
ignation will have on the Nation’s energy 
security, including the effects of the loss of 
sites to produce wind, geothermal, or solar 
energy, and the number of barrels of oil, 
tons of coal, or cubic feet of natural gas 
that will become unavailable as a result of 
the designation. 
(iii) The projected impact of the des-
ignation on interests, rights, and uses as-
sociated with the parcels of land within the 
boundaries of the monument, including 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
water rights, hunting, recreational shoot-
ing, grazing, timber production, vegetation 
manipulation to maintain forest health, 
off-road vehicle use, hiking, horseback 
riding, and mineral and energy leases, 
claims, and permits. 
(iv) The record of any hearings held 
under paragraph (1). 
(v) Any written comments received 
during the notice and comment period con-
ducted under paragraph (2). 
(B) PUBLICATION.—The Secretary of Inte-
rior shall ensure that— 
(i) a report submitted to Congress 
under subparagraph (A) is published on 
the Department of Interior Web site upon 
completion; and 
(ii) any components of the report that 
are completed before the entire report is fi-
nalized and submitted to Congress are 
published on the Department of Interior 
Web site upon their completion. 
(4) IMPLEMENTATION GUIDELINES.—The Sec-
retary of the Interior, in cooperation with the States, 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
shall develop and publish guidelines to provide for 
the implementation of subsection. 
(c) CONGRESSIONAL APPROVAL OF DESIGNATION.— 
(1) 
APPROVAL
REQUIRED.—A 
designation 
issued under subsection (a) shall cease to be effec-
tive following the last day of the 2-year period begin-
ning on the date on which the Secretary of Interior 
issued the designation, unless the report is approved 
by an Act of Congress on or before that last day. 
(2) MANAGEMENT
OF
LAND
BEFORE
AP-
PROVAL.—During the period between the issuance of 
the report described in subsection (b)(3) and con-
gressional approval described above, the Secretary of 
Interior shall ensure that any restriction placed on 
land and interests, rights, or uses associated with 
the parcels of land designated as a national monu-
ment, including water rights, hunting, recreational 
shooting, grazing, timber production, vegetation ma-
nipulation to maintain forest health, off-road vehicle 
use, hiking, horseback riding, and mineral and en-
ergy leases, claims, and permits, is narrowly tailored 
and essential to the proper care and management of 
the objects to be protected. 
(3) EFFECT
OF
NONAPPROVAL.—If Congress 
does not approve the report, any reservation of land 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
made by the report, and any restriction imposed as 
a result of the report on interests, rights, or uses as-
sociated with the parcels of land, shall cease to be 
effective following the last day of the 2-year period 
referred to in paragraph (1). 
SEC. 163. FUTURE EXECUTIVE BRANCH ACTIONS. 
(a) EFFECTIVENESS.—Upon enactment of this Act, 
no executive branch action that withdraws more than 100 
acres, in the aggregate, of public lands within the United 
States pursuant to the Antiquities Act of 1906 (16 U.S.C. 
431 et seq.) or any other relevant authority shall be effec-
tive except by compliance with this section. The provisions 
of this subsection shall apply to executive branch actions 
that withdraw less than 100 acres of public land where 
such withdrawals are located within 100 miles of any other 
withdrawal of public lands. 
(b) WITHDRAWAL.—To the extent authorized by ex-
isting law, the President or the relevant head of an agency 
may withdraw public lands in the United States provided 
that such withdrawal shall not be effective until notice is 
provided in the Federal Register and to the House of Rep-
resentatives and the Senate. Such withdrawal shall termi-
nate unless approved by a Federal statute not later than 
one year after the notice of such withdrawal has been sub-
mitted to Congress. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
(c) LIMITATION.—If Congress fails to pass an Act ap-
proving a withdrawal under subsection (b), the President 
or the relevant head of an agency shall be prohibited from 
withdrawing such land or a similar area of public lands 
until at least 5 years after the end of the time period de-
scribed in subsection (b). 
SEC. 164. LEASES FOR DEVELOPMENT OF NATURAL RE-
SOURCES ON INDIAN LANDS. 
Subsection (a) of the first section of the Act to au-
thorize the leasing of restricted Indian lands for public, 
religious, educational, recreational, residential, business, 
and other purposes requiring the grant of long-term leases 
(25 U.S.C. 415(a); commonly known as the ‘‘Long-term 
Leasing Act’’) is amended by striking ‘‘including the de-
velopment or utilization of natural resources in connection 
with operations under such leases’’ and inserting ‘‘except 
leases for the development or utilization of natural re-
sources and leases in connection with operations under 
such leases, neither of which shall require Secretarial ap-
proval under this section,’’. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
100 
Subtitle 
F—Legal 
Causes 
and 
Claims Pertaining to the Leas-
ing and Development of Federal 
Lands for Exploration and Pro-
duction of Oil, Natural Gas, As-
sociated Hydrocarbons, and Oil 
Shale 
SEC. 171. OIL SHALE, TAR SANDS, AND OTHER STRATEGIC 
UNCONVENTIONAL FUELS. 
(a) JURISDICTION.—Upon enactment of this Act, the 
Federal Energy Regulatory Commission, in lieu of the De-
partment of the Interior, shall be granted exclusive juris-
diction and all relevant authority to implement and admin-
ister the leasing program for research and development 
of oil shale and tar sands and all other programs and re-
quirements contained in section 369 of the Energy Policy 
Act of 2005 (Public Law 109–58; 42 U.S.C. 15927). 
(b) REGULATIONS.—Upon enactment of this Act and 
pursuant to paragraph (1), the Federal Energy Regu-
latory Commission shall immediately stay all regulations 
and guidelines promulgated by the Department of the In-
terior or any other agency under section 369 of the En-
ergy Policy Act of 2005 and, notwithstanding any other 
law, publish proposed rules in the Federal Register not 
later than 6 months following enactment of this Act that 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
101 
fully implement as expeditiously as practicable the provi-
sions of such section 369. The Federal Energy Regulatory 
Commission shall publish final rules not later than 18 
months following enactment of this Act. 
(c) RESOURCES.—The Federal Energy Regulatory 
Commission is authorized to request from the Department 
of the Interior and the Department of Energy any re-
sources and personnel that it deems necessary to imple-
ment and administer the provisions of this subsection, and 
the Department of the Interior and the Department of En-
ergy are required to provide such resources and personnel 
as requested. 
SEC. 172. ENERGY PRODUCTION ON FEDERAL LANDS. 
(a) REQUIREMENT.—The Secretary of the Interior is 
directed to take sufficient actions to ensure that by Janu-
ary 1, 2018, not less than 10 percent of the Federal outer 
Continental Shelf lands and not less than 10 percent of 
onshore Federal lands and interests in lands that are 
under the Secretary’s jurisdiction are being leased for the 
production of energy. 
(b) AUTHORIZATION.—The Secretary of the Interior 
shall utilize all available authority pursuant to this Act 
and any other Federal law, as applicable, to comply with 
the requirement in subsection (a). 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
102 
SEC. 173. JURISDICTION. 
(a) EXCLUSIVE
JURISDICTION.—Notwithstanding 
any other provision of law, including section 23(c)(2) of 
the Outer Continental Shelf Lands Act (43 U.S.C. 
1349(c)(2)), any final agency decision concerning any cov-
ered oil and natural gas activity shall be subject to judicial 
review only in the United States District Court for the 
District of Columbia. 
(b) FINALITY
OF LEASING DECISIONS.—Notwith-
standing the provisions of any law or regulation to the 
contrary, a decision by the Bureau of Land Management 
or the Minerals Management Service to issue a Final No-
tice of Sale and proceed with an oil and gas lease sale 
pursuant to any authorizing leasing statute shall not be 
subject to further administrative review within the Depart-
ment of the Interior, and shall be the final decision of the 
agency for purposes of judicial review. 
(c) EXPEDITED REVIEW.—Section 390 of the Energy 
Policy Act of 2005 (42 U.S.C. 15942) is amended— 
(1) by striking ‘‘be subject to a rebuttable pre-
sumption that the use of’’ and inserting ‘‘apply’’; 
and 
(2) by striking ‘‘would apply’’. 
SEC. 174. JUDICIAL REVIEW. 
(a) IN GENERAL.— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
103 
(1) EXCLUSIVE
JURISDICTION.—The United 
States Court of Appeals for the circuit in which a 
Priority Energy Project is proposed to be con-
structed, expanded, or operated shall have original 
and exclusive jurisdiction over the review of an order 
or action of a Federal agency or State administra-
tive agency acting pursuant to Federal law to issue, 
condition, or deny any permit, license, concurrence, 
or approval (hereinafter in this section collectively 
referred to as a ‘‘permit’’) required under Federal 
law. 
(2) AGENCY DELAY.—The United States Court 
of Appeals for the District of Columbia shall have 
original and exclusive jurisdiction over the review of 
an alleged failure to act by a Federal agency or 
State administrative agency acting pursuant to Fed-
eral law to issue, condition, or deny any permit re-
quired under Federal law for a Priority Energy 
Project. 
(3) COURT ACTION.— 
(A) IN GENERAL.—The Court shall act as 
expeditiously as possible for all appeals under 
this section. 
(B) REMAND.—If a Court finds that such 
order or action is inconsistent with the Federal 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
104 
law governing such permit and would prevent 
the construction, expansion, or operation of the 
Priority Energy Project, the Court shall re-
mand the proceeding to the agency to take ap-
propriate action consistent with the order of the 
Court. If the Court remands the order or action 
to a Federal or State agency, the Court shall 
set as expeditious a schedule and deadline as 
possible for the agency to act on remand, and 
in any event shall allow not more than 90 days 
for agency action on remand. 
(C) ATTORNEY’S
FEES
AND
OTHER
EX-
PENSES.—Attorney’s fees and other expenses of 
litigation shall be awarded to the prevailing 
party in actions challenging an agency action 
granting a permit for or otherwise authorizing 
a Priority Energy Project, but in no event shall 
a Priority Energy Project Developer be required 
to pay attorney’s fees and other expenses of liti-
gation to a prevailing party. 
(4) APPEALS.—Appeals brought pursuant to 
this section may only be filed within 30 days of a 
final agency action regarding a permit. 
(b) CITIZEN SUITS.— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
105 
(1) STANDING.—In any suit involving a Priority 
Energy Project brought under a citizen suit provi-
sion under a Federal law, any fact material to the 
standing of the party bringing the suit that is in dis-
pute shall be adjudicated by the Court prior to the 
adjudication of any other issue relating to the merits 
of the suit. 
(2) PRESERVATION OF AGENCY DISCRETION.— 
(A) 
NOTICE
OF
CITIZEN
SUIT
RE-
QUIRED.—A party seeking to file a citizen suit 
pursuant to a Federal law involving a Priority 
Energy Project shall first notify in writing the 
relevant agency and the Priority Energy Project 
Developer of its intent to file a citizen suit, the 
claims it intends to bring, and all relevant stat-
utory and regulatory provisions. 
(B) DETERMINATION REQUIRED.— 
(i) IN GENERAL.—Not later than 60 
days following receipt of such notice, the 
agency shall exercise discretion in deter-
mining whether enforcement of the claims 
described in such notice are an appropriate 
use of agency resources. 
(ii) DISMISSAL
REQUIRED.—If the 
agency determines such claims are not an 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
106 
appropriate use of agency resources, the 
citizen suit shall be not be considered au-
thorized under relevant Federal law and if 
filed shall be immediately dismissed by the 
Court. 
(iii) AGENCY RESPONSE REQUIRED.— 
If the agency determines such claims are 
an appropriate use of agency resources, the 
agency shall have a period of 24 months to 
act in response to such claims, including 
by bringing an enforcement action or by 
consulting 
with 
the 
Priority 
Energy 
Project Developer, before the citizen suit 
shall be considered authorized under rel-
evant Federal law. Upon the request of the 
Priority Energy Project Developer, the 
agency must allow for an additional 24 
months to act in response to such claims. 
(C) CITIZEN
SUIT
AUTHORIZED.—After 
the 24 month period, or 48 month period, as 
applicable, described in subparagraph (B)(iii) 
has expired, if the agency publishes a notice in 
the Federal Register expressly stating that it 
declines to address the claims described by the 
party seeking to file a citizen suit as described 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
107 
pursuant to subparagraph (A), then such party 
is authorized to file a citizen suit under relevant 
Federal law. The agency is prohibited from 
publishing such notice if the Priority Energy 
Project Developer has consulted with the agen-
cy and taken remedial action regarding the 
claims contained in the notice described in 
paragraph (A). 
(D) ATTORNEYS FEES AND EXPENSES.— 
In a citizen suit filed pursuant a Federal law 
that involves a Priority Energy Project, a Pri-
ority Energy Project Developer shall not be re-
quired to pay attorneys fees and expenses to a 
prevailing party. 
(3) 
SETTLEMENTS.—Notwithstanding 
any 
other provision of law, no Federal agency shall enter 
into a settlement agreement arising from a citizen 
suit subject to this subsection that would require the 
reallocation of agency resources that had been pre-
viously allocated by law or regulation. 
SEC. 175. TIME FOR FILING PETITION FOR JUDICIAL RE-
VIEW; STANDING, FILING OF RECORD. 
(a) DEADLINE.—All petitions for judicial review of 
covered oil and natural gas activities must be filed within 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
108 
45 days of the final agency decision or the challenge shall 
be barred. 
(b) STANDING.—Only persons whose legal rights will 
be directly and adversely affected by the challenged action, 
and who are within the zone of interest protected by each 
Act under which the challenge is brought, shall have 
standing to file any petition for judicial review of covered 
oil and natural gas activities. 
(c) LIMITATION.—Nothing in this section creates a 
right to judicial review or places any limit on filing a claim 
that a person has violated the terms of a permit, license, 
or approval. 
(d) CONSOLIDATED RECORD.—When any civil action 
is brought concerning any covered oil and natural gas ac-
tivity, the Federal agencies involved shall immediately pre-
pare for the court the consolidated record compiled for the 
challenged decision. 
(e) COMPLETION OF REVIEW.—The court shall com-
plete all judicial review, including rendering a judgment, 
before the end of the 210-day period beginning on the date 
on which a petition is filed that is subject to this subtitle, 
unless all parties to such proceeding agree to an extension 
of such period. 
(f) EXPEDITED
MANDAMUS
REVIEW.—Notwith-
standing subsection (e), within 30 days after the filing of 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
109 
an action that is subject to this subtitle, the court shall 
issue a decision either compelling permit issuance or es-
tablishing a schedule that enables the most expeditious 
possible completion of proceedings. The court may issue 
orders to enforce any schedule it establishes under this 
subsection. 
(g) NO PRIVATE RIGHT OF ACTION.—Except as ex-
pressly provided in this section, this subtitle shall not be 
construed to create any additional right, benefit, or trust 
responsibility, substantive or procedural, enforceable at 
law or equity, by a person against the United States, its 
agencies, its officers, or any person. 
SEC. 176. LIMITATION ON SCOPE OF REVIEW AND RELIEF. 
(a) PROSPECTIVE RELIEF.—In any proceeding for 
judicial review that is subject to this subtitle, the court 
shall not grant or approve any prospective relief unless 
the court finds that such relief is narrowly drawn, extends 
no further than necessary to correct the violation of a Fed-
eral law requirement, and is the least intrusive means nec-
essary to correct the violation. 
(b) EFFECTIVENESS OF AGENCY DECISION PENDING 
JUDICIAL REVIEW.—Final agency decisions relating to 
covered oil and natural gas activities shall be effective 
pending any judicial review of such decisions unless the 
Court issues an order staying the effect of the decision. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
110 
SEC. 177. EXCLUSION. 
This subtitle shall not apply to disputes between the 
parties to a lease issued pursuant to an authorizing leas-
ing statute regarding the obligations of such lease or the 
alleged breach thereof. 
Subtitle G—Development of Solar 
and Wind Energy on Public Land 
SEC. 181. DEFINITIONS. 
In this subtitle: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means land that is— 
(A)(i) public land administered by the Sec-
retary; or 
(ii) National Forest System land adminis-
tered by the Secretary of Agriculture; and 
(B) not excluded from the development of 
solar or wind energy under— 
(i) a land use plan established under 
the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.); 
(ii) a land use plan established under 
the National Forest Management Act of 
1976 (16 U.S.C. 1600 et seq.); or 
(iii) other law. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
111 
(2) PILOT
PROGRAM.—The term ‘‘pilot pro-
gram’’ means the wind and solar leasing pilot pro-
gram established under section 183(a). 
(3) PUBLIC
LAND.—The term ‘‘public land’’ 
has the meaning given the term ‘‘public lands’’ in 
section 103 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1702). 
(4) SECRETARIES.—The term ‘‘Secretaries’’ 
means— 
(A) in the case of public land administered 
by the Secretary, the Secretary; and 
(B) in the case of National Forest System 
land administered by the Secretary of Agri-
culture, the Secretary of Agriculture. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 
182. 
PROGRAMMATIC 
ENVIRONMENTAL 
IMPACT 
STATEMENTS AND LAND USE PLANNING. 
(a) PUBLIC LAND.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall— 
(1) complete and finalize the Programmatic En-
vironmental Impact Statement for Solar Energy De-
velopment in Six Southwestern States (BLM/DES 
10–59; DOE/EIS–0403) in accordance with the Na-
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
112 
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) to analyze the potential impacts of— 
(A) a program to develop solar energy on 
land administered by the Secretary, acting 
through the Bureau of Land Management; and 
(B) any necessary amendments to land use 
plans for the land; and 
(2) amend any land use plans as appropriate to 
provide for the development of energy resources in 
areas considered appropriate by the Secretary. 
(b) NATIONAL FOREST SYSTEM LAND.—As soon as 
practicable but not later than 2 years after the date of 
enactment of this Act, the Secretary of Agriculture shall— 
(1) prepare and publish in the Federal Register 
a notice of intent to prepare a programmatic envi-
ronmental impact statement in accordance with the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) to analyze the potential im-
pacts of— 
(A) a program to develop solar and wind 
energy on National Forest System land admin-
istered by the Secretary of Agriculture; and 
(B) any necessary amendments to land use 
plans for the land; and 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
113 
(2) amend any land use plans as appropriate to 
provide for the development of energy resources in 
areas considered appropriate by the Secretary of Ag-
riculture immediately on completion of the pro-
grammatic environmental impact statement. 
(c) EFFECT ON PROCESSING APPLICATIONS.—The 
requirement for completion of programmatic environ-
mental impact statements under this section shall not re-
sult in any delay in processing or approving applications 
for wind or solar development on public land administered 
by the Secretary or on National Forest System land. 
(d) MILITARY INSTALLATIONS.— 
(1) REPORT.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary of Defense, in consultation with the Sec-
retary of the Interior, shall conduct a study, 
and prepare a report, that— 
(i) identifies locations on land with-
drawn from the public domain and re-
served for military purposes that— 
(I) exhibit a high potential for 
solar, wind, geothermal, or other en-
ergy resources production; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
114 
(II) are disturbed or otherwise 
have comparatively low value for other 
resources; and 
(III) could be developed for en-
ergy production in a manner con-
sistent with all present and reasonably 
foreseeable military training and oper-
ational missions and research, devel-
opment, testing, and evaluation re-
quirements; and 
(ii) describes the administration of 
public land withdrawn for military pur-
poses for the development of commercial- 
scale energy projects, including the legal 
authorities governing authorization for 
that use. 
(B) 
RECOMMENDATIONS.—The 
report 
shall include recommendations on— 
(i) necessary changes in any law (in-
cluding regulations); 
(ii) whether the authorization for the 
use of the land for development of energy 
projects should be pursuant to lease, con-
tract, right-of-way, permit, or other form 
of authorization; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
115 
(iii) methods of improving coordina-
tion among the Federal, State, and local 
agencies, if any, involved in authorizing the 
projects; and 
(iv) disposition of revenues resulting 
from the development of energy projects on 
the land. 
(2) ENVIRONMENTAL IMPACT ANALYSIS.—Not 
later than 1 year after the completion of the study 
required by paragraph (1), the Secretary of Defense, 
in consultation with the Secretary of the Interior, 
shall prepare and publish in the Federal Register a 
notice of intent to prepare an environmental impact 
analysis document to support a program to develop 
energy resources on withdrawn military land identi-
fied in the study as suitable for the production. 
(3) REPORTS.—On completion of the report, 
the Secretary and the Secretary of Defense shall 
jointly submit the report required by paragraph (1) 
to— 
(A) the Committee on Armed Services of 
the Senate; 
(B) the Committee on Energy and Natural 
Resources of the Senate; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
116 
(C) the Committee on Armed Services of 
the House of Representatives; and 
(D) the Committee on Natural Resources 
of the House of Representatives. 
SEC. 183. DEVELOPMENT OF SOLAR AND WIND ENERGY ON 
PUBLIC LAND. 
(a) PILOT PROGRAM.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall establish a wind and solar leasing pilot 
program on covered land administered by the Sec-
retary. 
(2) SELECTION OF SITES.— 
(A) IN GENERAL.—Not later than 90 days 
after the date the pilot program is established 
under this subsection, the Secretary shall (tak-
ing into consideration the multiple resource val-
ues of the land) select 2 sites that are appro-
priate for the development of a solar energy 
project, and 2 sites that are appropriate for the 
development of a wind energy project, on cov-
ered land administered by the Secretary as part 
of the pilot program. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
117 
(B) SITE
SELECTION.—In carrying out 
subparagraph (A), the Secretary shall seek to 
select sites— 
(i) for which there is likely to be a 
high level of industry interest; 
(ii) that have a comparatively low 
value for other resources; and 
(iii) that are representative of sites on 
which solar or wind energy is likely to be 
developed on covered land. 
(C) INELIGIBLE
SITES.—The Secretary 
shall not select as part of the pilot program any 
site for which a right-of way for site testing or 
construction has been issued. 
(3) QUALIFICATIONS.—Prior to any lease sale, 
the Secretary shall establish qualifications for bid-
ders that ensure bidders— 
(A) are able to expeditiously develop a 
wind or solar energy project on the site for 
lease; 
(B) possess— 
(i) financial resources necessary to 
complete a project; 
(ii) knowledge of the applicable tech-
nology; and 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
118 
(iii) such other qualifications as are 
determined appropriate by the Secretary; 
and 
(C) meet the eligibility requirements for 
leasing under the first section of the Mineral 
Leasing Act (30 U.S.C. 181). 
(4) LEASE SALES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (D)(ii), not later than 180 days 
after the date sites are selected under para-
graph (2), the Secretary shall offer each site for 
competitive leasing to qualified bidders under 
such terms and conditions as are required by 
the Secretary. 
(B) BIDDING SYSTEMS.— 
(i) IN GENERAL.—In offering the sites 
for lease, the Secretary may vary the bid-
ding systems to be used at each lease sale, 
including— 
(I) cash bonus bids with a re-
quirement for payment of the royalty 
established under this Act; 
(II) variable royalty bids based 
on a percentage of the gross proceeds 
from the sale of electricity produced 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
119 
from the lease, except that the royalty 
shall not be less than the royalty re-
quired under this Act, together with a 
fixed cash bonus; and 
(III) such other bidding system 
as ensures a fair return to the public 
consistent with the royalty established 
under this Act. 
(ii) ROUND.—The Secretary shall 
limit bidding to 1 round in any lease sale. 
(iii) EXPENDITURES.—In any case in 
which the land that is subject to lease has 
1 or more pending applications for the de-
velopment of wind or solar energy at the 
time of the lease sale, the Secretary shall 
give credit toward any bid submitted by 
the applicant for expenditures of the appli-
cant considered by the Secretary to be 
qualified and necessary for the preparation 
of the application. 
(C) REVENUES.—Bonus bids, royalties, 
rentals, fees, or other payments collected by the 
Secretary under this section shall be subject to 
section 184. 
(D) LEASE TERMS.— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
120 
(i) IN GENERAL.—As part of the pilot 
program, the Secretary may vary the 
length of the lease terms and establish 
such other lease terms and conditions as 
the Secretary considers appropriate. 
(ii) DATA COLLECTION.—As part of 
the pilot program, the Secretary shall— 
(I) offer on a noncompetitive 
basis on at least 1 site a short-term 
lease for data collection; and 
(II) on the expiration of the 
short-term lease, offer on a competi-
tive basis a long-term lease, giving 
credit toward the bonus bid to the 
holder of the short-term lease for any 
qualified expenditures to collect data 
to develop the site during the short- 
term lease. 
(5) COMPLIANCE WITH LAWS.—In offering for 
lease the selected sites under paragraph (4), the Sec-
retary shall comply with all applicable environmental 
and other laws. 
(6) REPORT.—The Secretary shall— 
(A) compile a report of the results of each 
lease sale under the pilot program, including— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
121 
(i) the level of competitive interest; 
(ii) a summary of bids and revenues 
received; and 
(iii) any other factors that may have 
impacted the lease sale process; and 
(B) not later than 90 days after the final 
lease sale, submit to the Committee on Energy 
and Natural Resources of the Senate and the 
Committee on Natural Resources of the House 
of Representatives the report described in sub-
paragraph (A). 
(7) RIGHTS-OF-WAY.—During the pendency of 
the pilot program, the Secretary shall continue to 
issue rights-of-way, in compliance with authority in 
effect on the date of enactment of this Act, for avail-
able sites not selected for the pilot program. 
(b) SECRETARIAL DETERMINATION.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretaries 
shall make a joint determination on whether to es-
tablish a leasing program under this section for wind 
or solar energy, or both, on all covered land. 
(2) SYSTEM.—If the Secretaries determine that 
a leasing program should be established, the pro-
gram shall apply to all covered land in accordance 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
122 
with this Act and other provisions of law applicable 
to public land or National Forest System land. 
(3) ESTABLISHMENT.—The Secretaries shall 
establish a leasing program unless the Secretaries 
determine that the program— 
(A) is not in the public interest; and 
(B) does not provide an effective means of 
developing wind or solar energy. 
(4) CONSULTATION.—In making the determina-
tions required under this subsection, the Secretaries 
shall consult with— 
(A) the heads of other relevant Federal 
agencies; 
(B) interested States, Indian tribes, and 
local governments; 
(C) representatives of the solar and wind 
industries; 
(D) representatives of the environment, 
conservation, and outdoor sporting commu-
nities; 
(E) other users of the covered land; and 
(F) the public. 
(5) CONSIDERATIONS.—In making the deter-
minations required under this subsection, the Secre-
taries shall consider the results of the pilot program. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
123 
(6) REGULATIONS.—Not later than 1 year after 
the date on which any determination is made to es-
tablish a leasing program, the Secretaries shall joint-
ly promulgate final regulations to implement the 
program. 
(7) REPORT.—If the Secretaries determine that 
a leasing program should not be established, not 
later than 60 days after the date of the determina-
tion, the Secretaries shall jointly submit to the Com-
mittee on Energy and Natural Resources of the Sen-
ate and the Committee on Natural Resources of the 
House of Representatives a report describing the 
basis and findings for the determination. 
(c) TRANSITION.— 
(1) IN GENERAL.—If the Secretaries determine 
under subsection (b) that a leasing program should 
be established for covered land, until the program is 
established and final regulations for the program are 
issued— 
(A) the Secretary shall continue to accept 
applications for rights-of-way on covered land, 
and provide for the issuance of rights-of-way on 
covered land within the jurisdiction of the Sec-
retary for the development of wind or solar en-
ergy pursuant to each requirement described in 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
124 
title V of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1761 et seq.) and 
other applicable law; and 
(B) the Secretary of Agriculture shall con-
tinue to accept applications for authorizations, 
and provide for the issuance of the authoriza-
tions, for the development of wind or solar en-
ergy on covered land within the jurisdiction of 
the Secretary pursuant to applicable law. 
(2) EXISTING RIGHTS-OF-WAY AND AUTHORIZA-
TIONS.— 
(A) IN GENERAL.—Effective beginning on 
the date on which the wind or solar leasing pro-
grams are established and final regulations are 
issued, the Secretaries shall not renew an exist-
ing right-of-way or other authorization for wind 
or solar energy development at the end of the 
term of the right-of-way or authorization. 
(B) LEASE.— 
(i) IN
GENERAL.—Subject to clause 
(ii), at the end of the term of the right-of- 
way or other authorization for the wind or 
solar energy project, the Secretary or, in 
the case of National Forest System land, 
the Secretary of Agriculture, shall grant, 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
125 
without a competitive process, a lease to 
the holder of the right-of-way or other au-
thorization for the same covered land as 
was authorized under the right-of-way or 
other authorization if (as determined by 
the Secretary concerned)— 
(I) the holder of the right-of-way 
or other authorization has met the re-
quirements of diligent development; 
and 
(II) issuance of the lease is in the 
public interest and consistent with ap-
plicable law. 
(ii) TERMS
AND
CONDITIONS.—Any 
lease described in clause (i) shall be sub-
ject to— 
(I) terms and conditions that are 
consistent with this Act and the regu-
lations issued under this Act; and 
(II) the regulations in effect on 
the date of renewal and any other 
terms and conditions that the Sec-
retary considers necessary to protect 
the public interest. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
126 
(3) PENDING RIGHTS-OF-WAY.—Effective begin-
ning on the date on which the wind or solar leasing 
programs are established and final regulations for 
the programs are issued, the Secretary or, with re-
spect to National Forest System land, the Secretary 
of Agriculture shall provide any applicant that has 
filed a plan of development for a right-of-way or, in 
the case of National Forest System land, for an ap-
plicable authorization, for a wind or solar energy 
project with an option to acquire a lease on a non-
competitive basis, under such terms and conditions 
as are required by this Act, applicable regulations, 
and the Secretary concerned, for the same covered 
land included in the plan of development if— 
(A) the plan of development has been de-
termined by the Secretary concerned to be ade-
quate for the initiation of environmental review; 
(B) granting the lease is consistent with all 
applicable land use planning, environmental, 
and other laws; 
(C) the applicant has made a good faith ef-
fort to obtain a right-of-way or, in the case of 
National Forest System land, other authoriza-
tion, for the project; and 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
127 
(D) issuance of the lease is in the public 
interest. 
(d) LEASING PROGRAM.—If the Secretaries deter-
mine under subsection (b) that a leasing program should 
be established, the program shall be established in accord-
ance with subsections (e) through (k). 
(e) COMPETITIVE LEASES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), leases for wind or solar energy develop-
ment under this section shall be issued on a competi-
tive basis with a single round of bidding in any lease 
sale. 
(2) EXCEPTIONS.—Paragraph (1) shall not 
apply if the Secretary or, with respect to National 
Forest System land, the Secretary of Agriculture de-
termines that— 
(A) no competitive interest exists for the 
covered land; 
(B) the public interest would not be served 
by the competitive issuance of a lease; 
(C) the lease is for the placement and op-
eration of a meteorological or data collection fa-
cility or for the development or demonstration 
of a new wind or solar technology and has a 
term of not more than 5 years; or 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
128 
(D) the covered land is eligible to be grant-
ed a noncompetitive lease under subsection (c). 
(f) PAYMENTS.— 
(1) IN GENERAL.—The Secretaries shall jointly 
establish fees, rentals, bonuses, or other payments to 
ensure a fair return to the United States for any 
lease issued under this section. 
(2) BONUS BIDS.—The Secretaries may grant 
credit toward any bonus bid for a qualified expendi-
ture by the holder of a lease described in subsection 
(e)(2)(C) in any competitive lease sale held for a 
long-term lease covering the same land covered by 
the lease described in subsection (e)(2)(C). 
(g) QUALIFICATIONS.—Prior to any lease sale, the 
Secretary shall establish qualifications for bidders that en-
sure bidders meet the requirements described in sub-
section (a)(3). 
(h) REQUIREMENTS.—The Secretaries shall ensure 
that any activity under a leasing program is carried out 
in a manner that— 
(1) is consistent with all applicable land use 
planning, environmental, and other laws; and 
(2) provides for— 
(A) safety; 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
129 
(B) protection of the environment and fish 
and wildlife habitat; 
(C) mitigation of impacts; 
(D) prevention of waste; 
(E) diligent development of the resource, 
with specific milestones to be met by the lessee 
as determined by the Secretaries; 
(F) coordination with applicable Federal 
agencies; 
(G) a fair return to the United States for 
any lease; 
(H) use of best management practices, in-
cluding planning and practices for mitigation of 
impacts; 
(I) public notice and comment on any pro-
posal submitted for a lease under this section; 
(J) oversight, inspection, research, moni-
toring, and enforcement relating to a lease 
under this section; 
(K) the quantity of acreage to be commen-
surate with the size of the project covered by a 
lease; and 
(L) efficient use of water resources. 
(i) LEASE DURATION, SUSPENSION, AND CANCELLA-
TION.— 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS
193 
‘‘(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 actions and 
orders until such time as the Administrator or 
the head of the lead State agency responsible 
for implementing the coal combustion residuals 
permit program, as applicable— 
‘‘(i) implements changes to the re-
quirements of the coal combustion residu-
als permit program with respect to the 
basis for the action or order; or 
‘‘(ii) certifies the completion of a cor-
rective action that is the subject of the ac-
tion 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) for such State. 
VerDate Mar 15 2010 
03:23 Apr 05, 2012
Jkt 019200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
jbell on DSK7SPTVN1PROD with BILLS