101 
the applicant. The notice shall be in the form 
of a letter from the Secretary or a designee of 
the Secretary, and shall include the names and 
titles of the persons processing the application, 
the specific reasons for the delay, and a specific 
date a final decision on the application is ex-
pected. 
‘‘(B) NOTICE OF REASONS FOR DENIAL.— 
If the application is denied, the Secretary shall 
provide the applicant— 
‘‘(i) in writing, clear and comprehen-
sive reasons why the application was not 
accepted and detailed information con-
cerning any deficiencies; and 
‘‘(ii) an opportunity to remedy any de-
ficiencies. 
‘‘(C) APPLICATION DEEMED APPROVED.— 
If the Secretary has not made a decision on the 
application by the end of the 60-day period be-
ginning on the date the application is received 
by the Secretary, the application is deemed ap-
proved, except in cases in which existing reviews 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) or Endangered 
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Species Act of 1973 (16 U.S.C. 1531 et seq.) 
are incomplete. 
‘‘(D) DENIAL
OF
PERMIT.—If the Sec-
retary decides not to issue a permit to drill in 
accordance with subparagraph (A), the Sec-
retary shall— 
‘‘(i) provide to the applicant a descrip-
tion of the reasons for the denial of the 
permit; 
‘‘(ii) allow the applicant to resubmit 
an application for a permit to drill during 
the 10-day period beginning on the date 
the applicant receives the description of 
the denial from the Secretary; and 
‘‘(iii) issue or deny any resubmitted 
application not later than 10 days after the 
date the application is submitted to the 
Secretary. 
‘‘(E) FEE.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other law, the Secretary shall collect a 
single $6,500 permit processing fee per ap-
plication from each applicant at the time 
the final decision is made whether to issue 
a permit under subparagraph (A). This fee 
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shall not apply to any resubmitted applica-
tion. 
‘‘(ii) TREATMENT OF PERMIT PROC-
ESSING FEE.—Of all fees collected under 
this paragraph, 50 percent shall be trans-
ferred to the field office where they are col-
lected and used to process protests, leases, 
and permits under this Act subject to ap-
propriation.’’. 
Subchapter B—Administrative Protest 
Documentation Reform 
SEC. 21121. ADMINISTRATIVE PROTEST DOCUMENTATION 
REFORM. 
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 
226(p)) is further amended by adding at the end the fol-
lowing: 
‘‘(4) PROTEST FEE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
collect a $5,000 documentation fee to accom-
pany each protest for a lease, right of way, or 
application for permit to drill. 
‘‘(B) TREATMENT OF FEES.—Of all fees 
collected under this paragraph, 50 percent shall 
remain in the field office where they are col-
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lected and used to process protests subject to 
appropriation.’’. 
Subchapter C—Permit Streamlining 
SEC. 21131. MAKING PILOT OFFICES PERMANENT TO IM-
PROVE ENERGY PERMITTING ON FEDERAL 
LANDS. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
(referred to in this section as the ‘‘Secretary’’) shall estab-
lish a Federal Permit Streamlining Project (referred to 
in this section as the ‘‘Project’’) in every Bureau of Land 
Management field office with responsibility for permitting 
energy projects on Federal land. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall enter into a memorandum of understanding for 
purposes of this section with— 
(A) the Secretary of Agriculture; 
(B) the Administrator of the Environ-
mental Protection Agency; and 
(C) the Chief of the Army Corps of Engi-
neers. 
(2) STATE
PARTICIPATION.—The Secretary 
may request that the Governor of any State with en-
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ergy projects on Federal lands to be a signatory to 
the memorandum of understanding. 
(c) DESIGNATION OF QUALIFIED STAFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the signing of the memorandum of un-
derstanding under subsection (b), all Federal signa-
tory parties shall, if appropriate, assign to each of 
the Bureau of Land Management field offices an 
employee who has expertise in the regulatory issues 
relating to the office in which the employee is em-
ployed, including, as applicable, particular expertise 
in— 
(A) the consultations and the preparation 
of biological opinions under section 7 of the En-
dangered Species Act of 1973 (16 U.S.C. 
1536); 
(B) permits under section 404 of Federal 
Water Pollution Control Act (33 U.S.C. 1344); 
(C) regulatory matters under the Clean Air 
Act (42 U.S.C. 7401 et seq.); 
(D) planning under the National Forest 
Management Act of 1976 (16 U.S.C. 472a et 
seq.); and 
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(E) the preparation of analyses under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(2) DUTIES.—Each employee assigned under 
paragraph (1) shall— 
(A) not later than 90 days after the date 
of assignment, report to the Bureau of Land 
Management Field Managers in the office to 
which the employee is assigned; 
(B) be responsible for all issues relating to 
the energy projects that arise under the au-
thorities of the employee’s home agency; and 
(C) participate as part of the team of per-
sonnel working on proposed energy projects, 
planning, and environmental analyses on Fed-
eral lands. 
(d) ADDITIONAL PERSONNEL.—The Secretary shall 
assign to each Bureau of Land Management field office 
identified in subsection (a) any additional personnel that 
are necessary to ensure the effective approval and imple-
mentation of energy projects administered by the Bureau 
of Land Management field offices, including inspection 
and enforcement relating to energy development on Fed-
eral land, in accordance with the multiple use mandate 
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107 
of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.). 
(e) FUNDING.—Funding for the additional personnel 
shall come from the Department of the Interior reforms 
identified in sections 21111 and 21121. 
(f) SAVINGS PROVISION.—Nothing in this section af-
fects— 
(1) the operation of any Federal or State law; 
or 
(2) any delegation of authority made by the 
head of a Federal agency whose employees are par-
ticipating in the Project. 
(g) DEFINITION.—For purposes of this section the 
term ‘‘energy projects’’ includes oil, natural gas, and other 
energy projects as defined by the Secretary. 
SEC. 21132. ADMINISTRATION OF CURRENT LAW. 
Notwithstanding any other law, the Secretary of the 
Interior shall not require a finding of extraordinary cir-
cumstances in administering section 390 of the Energy 
Policy Act of 2005 (42 U.S.C. 15942). 
Subchapter D—Judicial Review 
SEC. 21141. DEFINITIONS. 
In this subchapter— 
(1) the term ‘‘covered civil action’’ means a civil 
action containing a claim under section 702 of title 
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5, United States Code, regarding agency action (as 
defined for the purposes of that section) affecting a 
covered energy project on Federal lands of the 
United States; and 
(2) the term ‘‘covered energy project’’ means 
the leasing of Federal lands of the United States for 
the exploration, development, production, processing, 
or transmission of oil, natural gas, or any other 
source of energy, and any action under such a lease, 
except that the term does not include any disputes 
between the parties to a lease regarding the obliga-
tions under such lease, including regarding any al-
leged breach of the lease. 
SEC. 21142. EXCLUSIVE VENUE FOR CERTAIN CIVIL AC-
TIONS 
RELATING 
TO 
COVERED 
ENERGY 
PROJECTS. 
Venue for any covered civil action shall lie in the dis-
trict court where the project or leases exist or are pro-
posed. 
SEC. 21143. TIMELY FILING. 
To ensure timely redress by the courts, a covered civil 
action must be filed no later than the end of the 90-day 
period beginning on the date of the final Federal agency 
action to which it relates. 
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109 
SEC. 21144. EXPEDITION IN HEARING AND DETERMINING 
THE ACTION. 
The court shall endeavor to hear and determine any 
covered civil action as expeditiously as possible. 
SEC. 21145. STANDARD OF REVIEW. 
In any judicial review of a covered civil action, admin-
istrative findings and conclusions relating to the chal-
lenged Federal action or decision shall be presumed to be 
correct, and the presumption may be rebutted only by the 
preponderance of the evidence contained in the adminis-
trative record. 
SEC. 21146. LIMITATION ON INJUNCTION AND PROSPEC-
TIVE RELIEF. 
In a covered civil action, the court shall not grant 
or approve any prospective relief unless the court finds 
that such relief is narrowly drawn, extends no further than 
necessary to correct the violation of a legal requirement, 
and is the least intrusive means necessary to correct that 
violation. In addition, courts shall limit the duration of 
preliminary injunctions to halt covered energy projects to 
no more than 60 days, unless the court finds clear reasons 
to extend the injunction. In such cases of extensions, such 
extensions shall only be in 30-day increments and shall 
require action by the court to renew the injunction. 
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SEC. 21147. LIMITATION ON ATTORNEYS’ FEES. 
Sections 504 of title 5, United States Code, and 2412 
of title 28, United States Code, (together commonly called 
the Equal Access to Justice Act) do not apply to a covered 
civil action, nor shall any party in such a covered civil ac-
tion receive payment from the Federal Government for 
their attorneys’ fees, expenses, and other court costs. 
SEC. 21148. LEGAL STANDING. 
Challengers filing appeals with the Department of the 
Interior Board of Land Appeals shall meet the same 
standing requirements as challengers before a United 
States district court. 
Subchapter E—Knowing America’s Oil and 
Gas Resources 
SEC. 21151. FUNDING OIL AND GAS RESOURCE ASSESS-
MENTS. 
(a) IN GENERAL.—The Secretary of the Interior shall 
provide matching funding for joint projects with States to 
conduct oil and gas resource assessments on Federal lands 
with significant oil and gas potential. 
(b) COST SHARING.—The Federal share of the cost 
of activities under this section shall not exceed 50 percent. 
(c) RESOURCE ASSESSMENT.—Any resource assess-
ment under this section shall be conducted by a State, in 
consultation with the United States Geological Survey. 
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(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section a total of $50,000,000 for fiscal years 
2015 through 2018. 
CHAPTER 2—OIL AND GAS LEASING 
CERTAINTY 
SEC. 21201. SHORT TITLE. 
This chapter may be cited as the ‘‘Providing Leasing 
Certainty for American Energy Act of 2014’’. 
SEC. 21202. MINIMUM ACREAGE REQUIREMENT FOR ON-
SHORE LEASE SALES. 
In conducting lease sales as required by section 17(a) 
of the Mineral Leasing Act (30 U.S.C. 226(a)), each year 
the Secretary of the Interior shall perform the following: 
(1) The Secretary shall offer for sale no less 
than 25 percent of the annual nominated acreage 
not previously made available for lease. Acreage of-
fered for lease pursuant to this paragraph shall not 
be subject to protest and shall be eligible for cat-
egorical exclusions under section 390 of the Energy 
Policy Act of 2005 (42 U.S.C. 15942), except that 
it shall not be subject to the test of extraordinary 
circumstances. 
(2) In administering this section, the Secretary 
shall only consider leasing of Federal lands that are 
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112 
available for leasing at the time the lease sale oc-
curs. 
SEC. 21203. LEASING CERTAINTY. 
Section 17(a) of the Mineral Leasing Act (30 U.S.C. 
226(a)) is amended by inserting ‘‘(1)’’ before ‘‘All lands’’, 
and by adding at the end the following: 
‘‘(2)(A) The Secretary shall not withdraw any cov-
ered energy project issued under this Act without finding 
a violation of the terms of the lease by the lessee. 
‘‘(B) The Secretary shall not infringe upon lease 
rights under leases issued under this Act by indefinitely 
delaying issuance of project approvals, drilling and seismic 
permits, and rights of way for activities under such a 
lease. 
‘‘(C) No later than 18 months after an area is des-
ignated as open under the current land use plan the Sec-
retary shall make available nominated areas for lease 
under the criteria in section 2. 
‘‘(D) Notwithstanding any other law, the Secretary 
shall issue all leases sold no later than 60 days after the 
last payment is made. 
‘‘(E) The Secretary shall not cancel or withdraw any 
lease parcel after a competitive lease sale has occurred and 
a winning bidder has submitted the last payment for the 
parcel. 
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‘‘(F) After the conclusion of the public comment pe-
riod for a planned competitive lease sale, the Secretary 
shall not cancel, defer, or withdraw any lease parcel an-
nounced to be auctioned in the lease sale. 
‘‘(G) Not later than 60 days after a lease sale held 
under this Act, the Secretary shall adjudicate any lease 
protests filed following a lease sale. If after 60 days any 
protest is left unsettled, said protest is automatically de-
nied and appeal rights of the protestor begin. 
‘‘(H) No additional lease stipulations may be added 
after the parcel is sold without consultation and agree-
ment of the lessee, unless the Secretary deems such stipu-
lations as emergency actions to conserve the resources of 
the United States.’’. 
SEC. 21204. LEASING CONSISTENCY. 
Federal land managers must follow existing resource 
management plans and continue to actively lease in areas 
designated as open when resource management plans are 
being amended or revised, until such time as a new record 
of decision is signed. 
SEC. 21205. REDUCE REDUNDANT POLICIES. 
Bureau of Land Management Instruction Memo-
randum 2010–117 shall have no force or effect. 
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SEC. 21206. STREAMLINED CONGRESSIONAL NOTIFICA-
TION. 
Section 31(e) of the Mineral Leasing Act (30 U.S.C. 
188(e)) is amended in the matter following paragraph (4) 
by striking ‘‘at least thirty days in advance of the rein-
statement’’ and inserting ‘‘in an annual report’’. 
CHAPTER 3—OIL SHALE 
SEC. 21301. SHORT TITLE. 
This chapter may be cited as the ‘‘Protecting Invest-
ment in Oil Shale the Next Generation of Environmental, 
Energy, and Resource Security Act’’ or the ‘‘PIONEERS 
Act’’. 
SEC. 21302. EFFECTIVENESS OF OIL SHALE REGULATIONS, 
AMENDMENTS TO RESOURCE MANAGEMENT 
PLANS, AND RECORD OF DECISION. 
(a) REGULATIONS.—Notwithstanding any other law 
or regulation to the contrary, the final regulations regard-
ing oil shale management published by the Bureau of 
Land Management on November 18, 2008 (73 Fed. Reg. 
69,414) are deemed to satisfy all legal and procedural re-
quirements under any law, including the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), and the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of 
the Interior shall implement those regulations, including 
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115 
the oil shale leasing program authorized by the regula-
tions, without any other administrative action necessary. 
(b) AMENDMENTS
TO
RESOURCE
MANAGEMENT 
PLANS
AND RECORD
OF DECISION.—Notwithstanding 
any other law or regulation to the contrary, the November 
17, 2008 U.S. Bureau of Land Management Approved Re-
source Management Plan Amendments/Record of Decision 
for Oil Shale and Tar Sands Resources to Address Land 
Use Allocations in Colorado, Utah, and Wyoming and 
Final Programmatic Environmental Impact Statement are 
deemed to satisfy all legal and procedural requirements 
under any law, including the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
and the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), and the Secretary of the Interior 
shall implement the oil shale leasing program authorized 
by the regulations referred to in subsection (a) in those 
areas covered by the resource management plans amended 
by such amendments, and covered by such record of deci-
sion, without any other administrative action necessary. 
SEC. 21303. OIL SHALE LEASING. 
(a) ADDITIONAL RESEARCH
AND DEVELOPMENT 
LEASE SALES.—The Secretary of the Interior shall hold 
a lease sale within 180 days after the date of enactment 
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of this Act offering an additional 10 parcels for lease for 
research, development, and demonstration of oil shale re-
sources, under the terms offered in the solicitation of bids 
for such leases published on January 15, 2009 (74 Fed. 
Reg. 10). 
(b) COMMERCIAL LEASE SALES.—No later than Jan-
uary 1, 2016, the Secretary of the Interior shall hold no 
less than 5 separate commercial lease sales in areas con-
sidered to have the most potential for oil shale develop-
ment, as determined by the Secretary, in areas nominated 
through public comment. Each lease sale shall be for an 
area of not less than 25,000 acres, and in multiple lease 
blocs. 
CHAPTER 4—MISCELLANEOUS 
PROVISIONS 
SEC. 21401. RULE OF CONSTRUCTION. 
Nothing in this subtitle shall be construed to author-
ize the issuance of a lease under the Mineral Leasing Act 
(30 U.S.C. 181 et seq.) to any person designated for the 
imposition of sanctions pursuant to— 
(1) the Iran Sanctions Act of 1996 (50 U.S.C. 
1701 note), the Comprehensive Iran Sanctions, Ac-
countability and Divestiture Act of 2010 (22 U.S.C. 
8501 et seq.), the Iran Threat Reduction and Syria 
Human Rights Act of 2012 (22 U.S.C. 8701 et 
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117 
seq.), section 1245 of the National Defense Author-
ization Act for Fiscal Year 2012 (22 U.S.C. 8513a), 
or the Iran Freedom and Counter-Proliferation Act 
of 2012 (22 U.S.C. 8801 et seq.); 
(2) Executive Order No. 13622 (July 30, 
2012), Executive Order No. 13628 (October 9, 
2012), or Executive Order No. 13645 (June 3, 
2013); 
(3) Executive Order No. 13224 (September 23, 
2001) or Executive Order No. 13338 (May 11, 
2004); or 
(4) the Syria Accountability and Lebanese Sov-
ereignty Restoration Act of 2003 (22 U.S.C. 2151 
note). 
Subtitle B—Planning for American 
Energy 
SEC. 22001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Planning for Amer-
ican Energy Act of 2014’’. 
SEC. 22002. ONSHORE DOMESTIC ENERGY PRODUCTION 
STRATEGIC PLAN. 
(a) IN GENERAL.—The Mineral Leasing Act (30 
U.S.C. 181 et seq.) is amended by redesignating section 
44 as section 45, and by inserting after section 43 the 
following: 
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‘‘SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE 
ENERGY PRODUCTION STRATEGY. 
‘‘(a) IN GENERAL.— 
‘‘(1) The Secretary of the Interior (hereafter in 
this section referred to as ‘Secretary’), in consulta-
tion with the Secretary of Agriculture with regard to 
lands administered by the Forest Service, shall de-
velop and publish every 4 years a Quadrennial Fed-
eral Onshore Energy Production Strategy. This 
Strategy shall direct Federal land energy develop-
ment and department resource allocation in order to 
promote the energy and national security of the 
United States in accordance with Bureau of Land 
Management’s mission of promoting the multiple use 
of Federal lands as set forth in the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.). 
‘‘(2) In developing this Strategy, the Secretary 
shall consult with the Administrator of the Energy 
Information Administration on the projected energy 
demands of the United States for the next 30-year 
period, and how energy derived from Federal on-
shore lands can put the United States on a trajec-
tory to meet that demand during the next 4-year pe-
riod. The Secretary shall consider how Federal lands 
will contribute to ensuring national energy security, 
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119 
with a goal for increasing energy independence and 
production, during the next 4-year period. 
‘‘(3) The Secretary shall determine a domestic 
strategic production objective for the development of 
energy resources from Federal onshore lands. Such 
objective shall be— 
‘‘(A) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of oil and natural 
gas from the Federal onshore mineral estate, 
with a focus on lands held by the Bureau of 
Land Management and the Forest Service; 
‘‘(B) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic coal production from Federal 
lands; 
‘‘(C) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of strategic and 
critical energy minerals from the Federal on-
shore mineral estate; 
‘‘(D) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in megawatts for electricity production 
from each of the following sources: wind, solar, 
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biomass, hydropower, and geothermal energy 
produced on Federal lands administered by the 
Bureau of Land Management and the Forest 
Service; 
‘‘(E) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in unconventional energy production, 
such as oil shale; 
‘‘(F) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of oil, natural 
gas, coal, and other renewable sources from 
tribal lands for any federally recognized Indian 
tribe that elects to participate in facilitating en-
ergy production on its lands; 
‘‘(G) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in production of helium on Federal lands 
administered by the Bureau of Land Manage-
ment and the Forest Service; and 
‘‘(H) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of geothermal, 
solar, wind, or other renewable energy sources 
from ‘available lands’ (as such term is defined 
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in section 203 of the Hawaiian Homes Commis-
sion Act, 1920 (42 Stat. 108 et seq.), and in-
cluding any other lands deemed by the Terri-
tory or State of Hawaii, as the case may be, to 
be included within that definition) that the 
agency or department of the government of the 
State of Hawaii that is responsible for the ad-
ministration of such lands selects to be used for 
such energy production. 
‘‘(4) The Secretary shall consult with the Ad-
ministrator of the Energy Information Administra-
tion regarding the methodology used to arrive at its 
estimates for purposes of this section. 
‘‘(5) The Secretary has the authority to expand 
the energy development plan to include other energy 
production technology sources or advancements in 
energy on Federal lands. 
‘‘(6) The Secretary shall include in the Strategy 
a plan for addressing new demands for transmission 
lines and pipelines for distribution of oil and gas 
across Federal lands to ensure that energy produced 
can be distributed to areas of need. 
‘‘(b) TRIBAL OBJECTIVES.—It is the sense of Con-
gress that federally recognized Indian tribes may elect to 
set their own production objectives as part of the Strategy 
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under this section. The Secretary shall work in coopera-
tion with any federally recognized Indian tribe that elects 
to participate in achieving its own strategic energy objec-
tives designated under this subsection. 
‘‘(c) EXECUTION OF THE STRATEGY.—The relevant 
Secretary shall have all necessary authority to make deter-
minations regarding which additional lands will be made 
available in order to meet the production objectives estab-
lished by strategies under this section. The Secretary shall 
also take all necessary actions to achieve these production 
objectives unless the President determines that it is not 
in the national security and economic interests of the 
United States to increase Federal domestic energy produc-
tion and to further decrease dependence upon foreign 
sources of energy. In administering this section, the rel-
evant Secretary shall only consider leasing Federal lands 
available for leasing at the time the lease sale occurs. 
‘‘(d) STATE, FEDERALLY
RECOGNIZED
INDIAN 
TRIBES, LOCAL GOVERNMENT, AND PUBLIC INPUT.—In 
developing each strategy, the Secretary shall solicit the 
input of affected States, federally recognized Indian tribes, 
local governments, and the public. 
‘‘(e) REPORTING.—The Secretary shall report annu-
ally to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and 
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Natural Resources of the Senate on the progress of meet-
ing the production goals set forth in the strategy. The Sec-
retary shall identify in the report projections for produc-
tion and capacity installations and any problems with leas-
ing, permitting, siting, or production that will prevent 
meeting the goal. In addition, the Secretary shall make 
suggestions to help meet any shortfalls in meeting the pro-
duction goals. 
‘‘(f) 
PROGRAMMATIC
ENVIRONMENTAL
IMPACT 
STATEMENT.—Not later than 12 months after the date 
of enactment of this section, in accordance with section 
102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)), the Secretary shall com-
plete a programmatic environmental impact statement. 
This programmatic environmental impact statement will 
be deemed sufficient to comply with all requirements 
under that Act for all necessary resource management and 
land use plans associated with the implementation of the 
strategy. 
‘‘(g) CONGRESSIONAL REVIEW.—At least 60 days 
prior to publishing a proposed strategy under this section, 
the Secretary shall submit it to the President and the Con-
gress, together with any comments received from States, 
federally recognized Indian tribes, and local governments. 
Such submission shall indicate why any specific rec-
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ommendation of a State, federally recognized Indian tribe, 
or local government was not accepted. 
‘‘(h) STRATEGIC AND CRITICAL ENERGY MINERALS 
DEFINED.—For purposes of this section, the term ‘stra-
tegic and critical energy minerals’ means those that are 
necessary for the Nation’s energy infrastructure including 
pipelines, refining capacity, electrical power generation 
and transmission, and renewable energy production and 
those that are necessary to support domestic manufac-
turing, including but not limited to, materials used in en-
ergy generation, production, and transportation.’’. 
(b) FIRST QUADRENNIAL STRATEGY.—Not later 
than 18 months after the date of enactment of this Act, 
the Secretary of the Interior shall submit to Congress the 
first Quadrennial Federal Onshore Energy Production 
Strategy under the amendment made by subsection (a). 
Subtitle C—National Petroleum 
Reserve in Alaska Access 
SEC. 23001. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Petro-
leum Reserve Alaska Access Act’’. 
SEC. 23002. SENSE OF CONGRESS AND REAFFIRMING NA-
TIONAL POLICY FOR THE NATIONAL PETRO-
LEUM RESERVE IN ALASKA. 
It is the sense of Congress that— 
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(1) the National Petroleum Reserve in Alaska 
remains explicitly designated, both in name and legal 
status, for purposes of providing oil and natural gas 
resources to the United States; and 
(2) accordingly, the national policy is to actively 
advance oil and gas development within the Reserve 
by facilitating the expeditious exploration, produc-
tion, and transportation of oil and natural gas from 
and through the Reserve. 
SEC. 23003. NATIONAL PETROLEUM RESERVE IN ALASKA: 
LEASE SALES. 
Section 107(a) of the Naval Petroleum Reserves Pro-
duction Act of 1976 (42 U.S.C. 6506a(a)) is amended to 
read as follows: 
‘‘(a) IN GENERAL.—The Secretary shall conduct an 
expeditious program of competitive leasing of oil and gas 
in the reserve in accordance with this Act. Such program 
shall include at least one lease sale annually in those areas 
of the reserve most likely to produce commercial quantities 
of oil and natural gas each year in the period 2014 
through 2024.’’. 
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SEC. 23004. NATIONAL PETROLEUM RESERVE IN ALASKA: 
PLANNING AND PERMITTING PIPELINE AND 
ROAD CONSTRUCTION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of the Interior, in consultation 
with other appropriate Federal agencies, shall facilitate 
and ensure permits, in a timely and environmentally re-
sponsible manner, for all surface development activities, 
including for the construction of pipelines and roads, nec-
essary to— 
(1) develop and bring into production any areas 
within the National Petroleum Reserve in Alaska 
that are subject to oil and gas leases; and 
(2) transport oil and gas from and through the 
National Petroleum Reserve in Alaska in the most 
direct manner possible to existing transportation or 
processing infrastructure on the North Slope of 
Alaska. 
(b) TIMELINE.—The Secretary shall ensure that any 
Federal permitting agency shall issue permits in accord-
ance with the following timeline: 
(1) Permits for such construction for transpor-
tation of oil and natural gas produced under existing 
Federal oil and gas leases with respect to which the 
Secretary has issued a permit to drill shall be ap-
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proved within 60 days after the date of enactment 
of this Act. 
(2) Permits for such construction for transpor-
tation of oil and natural gas produced under Federal 
oil and gas leases shall be approved within 6 months 
after the submission to the Secretary of a request 
for a permit to drill. 
(c) PLAN.—To ensure timely future development of 
the Reserve, within 270 days after the date of the enact-
ment of this Act, the Secretary of the Interior shall submit 
to Congress a plan for approved rights-of-way for a plan 
for pipeline, road, and any other surface infrastructure 
that may be necessary infrastructure that will ensure that 
all leasable tracts in the Reserve are within 25 miles of 
an approved road and pipeline right-of-way that can serve 
future development of the Reserve. 
SEC. 23005. ISSUANCE OF A NEW INTEGRATED ACTIVITY 
PLAN AND ENVIRONMENTAL IMPACT STATE-
MENT. 
(a) ISSUANCE
OF
NEW
INTEGRATED
ACTIVITY 
PLAN.—The Secretary of the Interior shall, within 180 
days after the date of enactment of this Act, issue— 
(1) a new proposed integrated activity plan 
from among the non-adopted alternatives in the Na-
tional Petroleum Reserve Alaska Integrated Activity 
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SEC. 23007. DEADLINES UNDER NEW PROPOSED INTE-
GRATED ACTIVITY PLAN. 
At a minimum, the new proposed integrated activity 
plan issued under section 23005(a)(1) shall— 
(1) require the Department of the Interior to 
respond within 5 business days to a person who sub-
mits an application for a permit for development of 
oil and natural gas leases in the National Petroleum 
Reserve-Alaska acknowledging receipt of such appli-
cation; and 
(2) establish a timeline for the processing of 
each such application, that— 
(A) specifies deadlines for decisions and 
actions on permit applications; and 
(B) provide that the period for issuing 
each permit after submission of such an appli-
cation shall not exceed 60 days without the con-
currence of the applicant. 
SEC. 23008. UPDATED RESOURCE ASSESSMENT. 
(a) IN GENERAL.—The Secretary of the Interior shall 
complete a comprehensive assessment of all technically re-
coverable fossil fuel resources within the National Petro-
leum Reserve in Alaska, including all conventional and un-
conventional oil and natural gas. 
(b) COOPERATION
AND CONSULTATION.—The re-
source assessment required by subsection (a) shall be car-
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ried out by the United States Geological Survey in co-
operation and consultation with the State of Alaska and 
the American Association of Petroleum Geologists. 
(c) TIMING.—The resource assessment required by 
subsection (a) shall be completed within 24 months of the 
date of the enactment of this Act. 
(d) FUNDING.—The United States Geological Survey 
may, in carrying out the duties under this section, coop-
eratively use resources and funds provided by the State 
of Alaska. 
Subtitle D—BLM Live Internet 
Auctions 
SEC. 24001. SHORT TITLE. 
This subtitle may be cited as the ‘‘BLM Live Internet 
Auctions Act’’. 
SEC. 24002. INTERNET-BASED ONSHORE OIL AND GAS 
LEASE SALES. 
(a) AUTHORIZATION.—Section 17(b)(1) of the Min-
eral Leasing Act (30 U.S.C. 226(b)(1)) is amended— 
(1) in subparagraph (A), in the third sentence, 
by inserting ‘‘, except as provided in subparagraph 
(C)’’ after ‘‘by oral bidding’’; and 
(2) by adding at the end the following: 
‘‘(C) In order to diversify and expand the Nation’s 
onshore leasing program to ensure the best return to the 
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Federal taxpayer, reduce fraud, and secure the leasing 
process, the Secretary may conduct onshore lease sales 
through Internet-based bidding methods. Each individual 
Internet-based lease sale shall conclude within 7 days.’’. 
(b) REPORT.—Not later than 90 days after the tenth 
Internet-based lease sale conducted under the amendment 
made by subsection (a), the Secretary of the Interior shall 
analyze the first 10 such lease sales and report to Con-
gress the findings of the analysis. The report shall in-
clude— 
(1) estimates on increases or decreases in such 
lease sales, compared to sales conducted by oral bid-
ding, in— 
(A) the number of bidders; 
(B) the average amount of bid; 
(C) the highest amount bid; and 
(D) the lowest bid; 
(2) an estimate on the total cost or savings to 
the Department of the Interior as a result of such 
sales, compared to sales conducted by oral bidding; 
and 
(3) an evaluation of the demonstrated or ex-
pected effectiveness of different structures for lease 
sales which may provide an opportunity to better 
maximize bidder participation, ensure the highest re-
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turn to the Federal taxpayers, minimize opportuni-
ties for fraud or collusion, and ensure the security 
and integrity of the leasing process. 
Subtitle E—Native American 
Energy 
SEC. 25001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Native American 
Energy Act’’. 
SEC. 25002. APPRAISALS. 
(a) AMENDMENT.—Title XXVI of the Energy Policy 
Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 2607. APPRAISAL REFORMS. 
‘‘(a) OPTIONS TO INDIAN TRIBES.—With respect to 
a transaction involving Indian land or the trust assets of 
an Indian tribe that requires the approval of the Sec-
retary, any appraisal relating to fair market value required 
to be conducted under applicable law, regulation, or policy 
may be completed by— 
‘‘(1) the Secretary; 
‘‘(2) the affected Indian tribe; or 
‘‘(3) a certified, third-party appraiser pursuant 
to a contract with the Indian tribe. 
‘‘(b) TIME LIMIT ON SECRETARIAL REVIEW AND AC-
TION.—Not later than 30 days after the date on which 
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the Secretary receives an appraisal conducted by or for 
an Indian tribe pursuant to paragraphs (2) or (3) of sub-
section (a), the Secretary shall— 
‘‘(1) review the appraisal; and 
‘‘(2) provide to the Indian tribe a written notice 
of approval or disapproval of the appraisal. 
‘‘(c) FAILURE OF SECRETARY TO APPROVE OR DIS-
APPROVE.—If, after 60 days, the Secretary has failed to 
approve or disapprove any appraisal received, the ap-
praisal shall be deemed approved. 
‘‘(d) OPTION
TO INDIAN TRIBES TO WAIVE AP-
PRAISAL.— 
‘‘(1) An Indian tribe wishing to waive the re-
quirements of subsection (a), may do so after it has 
satisfied the requirements of subsections (2) and (3) 
below. 
‘‘(2) An Indian tribe wishing to forego the ne-
cessity of a waiver pursuant to this section must 
provide to the Secretary a written resolution, state-
ment, or other unambiguous indication of tribal in-
tent, duly approved by the governing body of the In-
dian tribe. 
‘‘(3) The unambiguous indication of intent pro-
vided by the Indian tribe to the Secretary under 
paragraph (2) must include an express waiver by the 
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Indian tribe of any claims for damages it might have 
against the United States as a result of the lack of 
an appraisal undertaken. 
‘‘(e) DEFINITION.—For purposes of this subsection, 
the term ‘appraisal’ includes appraisals and other esti-
mates of value. 
‘‘(f) REGULATIONS.—The Secretary shall develop 
regulations for implementing this section, including stand-
ards the Secretary shall use for approving or disapproving 
an appraisal.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Energy Policy Act of 1992 (42 U.S.C. 13201 
note) is amended by adding at the end of the items relat-
ing to title XXVI the following: 
‘‘Sec. 2607. Appraisal reforms.’’. 
SEC. 25003. STANDARDIZATION. 
As soon as practicable after the date of the enactment 
of this Act, the Secretary of the Interior shall implement 
procedures to ensure that each agency within the Depart-
ment of the Interior that is involved in the review, ap-
proval, and oversight of oil and gas activities on Indian 
lands shall use a uniform system of reference numbers and 
tracking systems for oil and gas wells. 
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SEC. 25004. ENVIRONMENTAL REVIEWS OF MAJOR FED-
ERAL ACTIONS ON INDIAN LANDS. 
Section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332) is amended by inserting 
‘‘(a) IN GENERAL.—’’ before the first sentence, and by 
adding at the end the following: 
‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON IN-
DIAN LANDS.— 
‘‘(1) IN GENERAL.—For any major Federal ac-
tion on Indian lands of an Indian tribe requiring the 
preparation 
of 
a 
statement 
under 
subsection 
(a)(2)(C), the statement shall only be available for 
review and comment by the members of the Indian 
tribe and by any other individual residing within the 
affected area. 
‘‘(2) REGULATIONS.—The Chairman of the 
Council on Environmental Quality shall develop reg-
ulations to implement this section, including descrip-
tions of affected areas for specific major Federal ac-
tions, in consultation with Indian tribes. 
‘‘(3) DEFINITIONS.—In this subsection, each of 
the terms ‘Indian land’ and ‘Indian tribe’ has the 
meaning given that term in section 2601 of the En-
ergy Policy Act of 1992 (25 U.S.C. 3501). 
‘‘(4) CLARIFICATION OF AUTHORITY.—Nothing 
in the Native American Energy Act, except section 
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25006 of that Act, shall give the Secretary any addi-
tional authority over energy projects on Alaska Na-
tive Claims Settlement Act lands.’’. 
SEC. 25005. JUDICIAL REVIEW. 
(a) TIME FOR FILING COMPLAINT.—Any energy re-
lated action must be filed not later than the end of the 
60-day period beginning on the date of the final agency 
action. Any energy related action not filed within this time 
period shall be barred. 
(b) DISTRICT COURT VENUE AND DEADLINE.—All 
energy related actions— 
(1) shall be brought in the United States Dis-
trict Court for the District of Columbia; and 
(2) shall be resolved as expeditiously as pos-
sible, and in any event not more than 180 days after 
such cause of action is filed. 
(c) APPELLATE REVIEW.—An interlocutory order or 
final judgment, decree or order of the district court in an 
energy related action may be reviewed by the U.S. Court 
of Appeals for the District of Columbia Circuit. The D.C. 
Circuit Court of Appeals shall resolve such appeal as expe-
ditiously as possible, and in any event not more than 180 
days after such interlocutory order or final judgment, de-
cree or order of the district court was issued. 
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(d) LIMITATION ON CERTAIN PAYMENTS.—Notwith-
standing section 1304 of title 31, United States Code, no 
award may be made under section 504 of title 5, United 
States Code, or under section 2412 of title 28, United 
States Code, and no amounts may be obligated or ex-
pended from the Claims and Judgment Fund of the 
United States Treasury to pay any fees or other expenses 
under such sections, to any person or party in an energy 
related action. 
(e) LEGAL FEES.—In any energy related action in 
which the plaintiff does not ultimately prevail, the court 
shall award to the defendant (including any intervenor- 
defendants), other than the United States, fees and other 
expenses incurred by that party in connection with the en-
ergy related action, unless the court finds that the position 
of the plaintiff was substantially justified or that special 
circumstances make an award unjust. Whether or not the 
position of the plaintiff was substantially justified shall be 
determined on the basis of the administrative record, as 
a whole, which is made in the energy related action for 
which fees and other expenses are sought. 
(f) DEFINITIONS.—For the purposes of this section, 
the following definitions apply: 
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(1) AGENCY ACTION.—The term ‘‘agency ac-
tion’’ has the same meaning given such term in sec-
tion 551 of title 5, United States Code. 
(2) INDIAN LAND.—The term ‘‘Indian Land’’ 
has the same meaning given such term in section 
203(c)(3) of the Energy Policy Act of 2005 (Public 
Law 109–58; 25 U.S.C. 3501), including lands 
owned by Native Corporations under the Alaska Na-
tive Claims Settlement Act (Public Law 92–203; 43 
U.S.C. 1601). 
(3) ENERGY RELATED ACTION.—The term ‘‘en-
ergy related action’’ means a cause of action that— 
(A) is filed on or after the effective date of 
this Act; and 
(B) seeks judicial review of a final agency 
action to issue a permit, license, or other form 
of agency permission allowing: 
(i) any person or entity to conduct ac-
tivities on Indian Land, which activities in-
volve the exploration, development, produc-
tion or transportation of oil, gas, coal, 
shale gas, oil shale, geothermal resources, 
wind or solar resources, underground coal 
gasification, biomass, or the generation of 
electricity; or 
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(ii) any Indian Tribe, or any organiza-
tion of two or more entities, at least one 
of which is an Indian tribe, to conduct ac-
tivities involving the exploration, develop-
ment, production or transportation of oil, 
gas, coal, shale gas, oil shale, geothermal 
resources, wind or solar resources, under-
ground coal gasification, biomass, or the 
generation of electricity, regardless of 
where such activities are undertaken. 
(4) ULTIMATELY PREVAIL.—The phrase ‘‘ulti-
mately prevail’’ means, in a final enforceable judg-
ment, the court rules in the party’s favor on at least 
one cause of action which is an underlying rationale 
for the preliminary injunction, administrative stay, 
or other relief requested by the party, and does not 
include circumstances where the final agency action 
is modified or amended by the issuing agency unless 
such modification or amendment is required pursu-
ant to a final enforceable judgment of the court or 
a court-ordered consent decree. 
SEC. 25006. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
The Tribal Forest Protection Act of 2004 is amended 
by inserting after section 2 (25 U.S.C. 3115a) the fol-
lowing: 
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‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
‘‘(a) IN GENERAL.—For each of fiscal years 2014 
through 2018, the Secretary shall enter into stewardship 
contracts or other agreements, other than agreements that 
are exclusively direct service contracts, with Indian tribes 
to carry out demonstration projects to promote biomass 
energy production (including biofuel, heat, and electricity 
generation) on Indian forest land and in nearby commu-
nities by providing reliable supplies of woody biomass from 
Federal land. 
‘‘(b) DEFINITIONS.—The definitions in section 2 
shall apply to this section. 
‘‘(c) DEMONSTRATION PROJECTS.—In each fiscal 
year for which projects are authorized, the Secretary shall 
enter into contracts or other agreements described in sub-
section (a) to carry out at least 4 new demonstration 
projects that meet the eligibility criteria described in sub-
section (d). 
‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to enter 
into a contract or other agreement under this subsection, 
an Indian tribe shall submit to the Secretary an applica-
tion— 
‘‘(1) containing such information as the Sec-
retary may require; and 
‘‘(2) that includes a description of— 
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‘‘(A) the Indian forest land or rangeland 
under the jurisdiction of the Indian tribe; and 
‘‘(B) the demonstration project proposed 
to be carried out by the Indian tribe. 
‘‘(e) SELECTION.—In evaluating the applications 
submitted under subsection (c), the Secretary— 
‘‘(1) shall take into consideration the factors set 
forth in paragraphs (1) and (2) of section 2(e) of 
Public Law 108–278; and whether a proposed dem-
onstration project would— 
‘‘(A) increase the availability or reliability 
of local or regional energy; 
‘‘(B) enhance the economic development of 
the Indian tribe; 
‘‘(C) improve the connection of electric 
power transmission facilities serving the Indian 
tribe with other electric transmission facilities; 
‘‘(D) improve the forest health or water-
sheds of Federal land or Indian forest land or 
rangeland; or 
‘‘(E) otherwise promote the use of woody 
biomass; and 
‘‘(2) shall exclude from consideration any mer-
chantable logs that have been identified by the Sec-
retary for commercial sale. 
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‘‘(f) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) ensure that the criteria described in sub-
section (c) are publicly available by not later than 
120 days after the date of enactment of this section; 
and 
‘‘(2) to the maximum extent practicable, consult 
with Indian tribes and appropriate intertribal orga-
nizations likely to be affected in developing the ap-
plication and otherwise carrying out this section. 
‘‘(g) REPORT.—Not later than September 20, 2015, 
the Secretary shall submit to Congress a report that de-
scribes, with respect to the reporting period— 
‘‘(1) each individual tribal application received 
under this section; and 
‘‘(2) each contract and agreement entered into 
pursuant to this section. 
‘‘(h) INCORPORATION OF MANAGEMENT PLANS.—In 
carrying out a contract or agreement under this section, 
on receipt of a request from an Indian tribe, the Secretary 
shall incorporate into the contract or agreement, to the 
extent practicable, management plans (including forest 
management and integrated resource management plans) 
in effect on the Indian forest land or rangeland of the re-
spective Indian tribe. 
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‘‘(i) TERM.—A stewardship contract or other agree-
ment entered into under this section— 
‘‘(1) shall be for a term of not more than 20 
years; and 
‘‘(2) may be renewed in accordance with this 
section for not more than an additional 10 years.’’. 
SEC. 25007. TRIBAL RESOURCE MANAGEMENT PLANS. 
Unless otherwise explicitly exempted by Federal law 
enacted after the date of the enactment of this Act, any 
activity conducted or resources harvested or produced pur-
suant to a tribal resource management plan or an inte-
grated resource management plan approved by the Sec-
retary of the Interior under the National Indian Forest 
Resources Management Act (25 U.S.C. 3101 et seq.) or 
the American Indian Agricultural Resource Management 
Act (25 U.S.C. 3701 et seq.), shall be considered a sus-
tainable management practice for purposes of any Federal 
standard, benefit, or requirement that requires a dem-
onstration of such sustainability. 
SEC. 25008. LEASES OF RESTRICTED LANDS FOR THE NAV-
AJO NATION. 
Subsection (e)(1) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred 
to as the ‘‘Long-Term Leasing Act’’), is amended— 
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(1) by striking ‘‘, except a lease for’’ and insert-
ing ‘‘, including leases for’’; 
(2) in subparagraph (A), by striking ‘‘25’’ the 
first place it appears and all that follows and insert-
ing ‘‘99 years;’’; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) in the case of a lease for the exploration, 
development, or extraction of mineral resources, in-
cluding geothermal resources, 25 years, except that 
any such lease may include an option to renew for 
one additional term not to exceed 25 years.’’. 
SEC. 25009. NONAPPLICABILITY OF CERTAIN RULES. 
No rule promulgated by the Department of the Inte-
rior regarding hydraulic fracturing used in the develop-
ment or production of oil or gas resources shall have any 
effect on any land held in trust or restricted status for 
the benefit of Indians except with the express consent of 
the beneficiary on whose behalf such land is held in trust 
or restricted status. 
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145 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 30101. ESTABLISHMENT OF OFFICE OF ENERGY EM-
PLOYMENT AND TRAINING. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
shall establish an Office of Energy Employment and 
Training, which shall oversee the hiring and training ef-
forts of the Department of the Interior’s energy planning, 
permitting, and regulatory agencies. 
(b) DIRECTOR.— 
(1) IN GENERAL.—The Office shall be under 
the direction of a Deputy Assistant Secretary for 
Energy Employment and Training, who shall report 
directly to the Assistant Secretary for Energy, 
Lands and Minerals Management, and shall be fully 
employed to carry out the functions of the Office. 
(2) DUTIES.—The Deputy Assistant Secretary 
for Energy Employment and Training shall perform 
the following functions: 
(A) Develop and implement systems to 
track the Department’s hiring of trained skilled 
workers in the energy permitting and inspection 
agencies. 
(B) Design and recommend to the Sec-
retary programs and policies aimed at expand-
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146 
ing the Department’s hiring of women, minori-
ties, and veterans into the Department’s work-
force dealing with energy permitting and in-
spection programs. Such programs and policies 
shall include— 
(i) recruiting at historically black col-
leges and universities, Hispanic-serving in-
stitutions, women’s colleges, and colleges 
that typically serve majority minority pop-
ulations; 
(ii) sponsoring and recruiting at job 
fairs in urban communities; 
(iii) placing employment advertise-
ments in newspapers and magazines ori-
ented toward minorities, veterans, and 
women; 
(iv) partnering with organizations that 
are focused on developing opportunities for 
minorities, veterans, and women to be 
placed in Departmental internships, sum-
mer employment, and full-time positions 
relating to energy; 
(v) where feasible, partnering with 
inner-city high schools, girls’ high schools, 
and high schools with majority minority 
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147 
populations to demonstrate career opportu-
nities and the path to those opportunities 
available at the Department; 
(vi) coordinating with the Department 
of Veterans Affairs and the Department of 
Defense in the hiring of veterans; and 
(vii) any other mass media commu-
nications that the Deputy Assistant Sec-
retary determines necessary to advertise, 
promote, or educate about opportunities at 
the Department. 
(C) Develop standards for— 
(i) equal employment opportunity and 
the racial, ethnic, and gender diversity of 
the workforce and senior management of 
the Department; and 
(ii) increased participation of minor-
ity-owned, veteran-owned, and women- 
owned businesses in the programs and con-
tracts with the Department. 
(D) Review and propose for adoption the 
best practices of entities regulated by the De-
partment with regards to hiring and diversity 
policies, and publish those best practices for 
public review. 
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148 
(c) REPORTS.—The Secretary shall submit to Con-
gress an annual report regarding the actions taken by the 
Department of the Interior agency and the Office pursu-
ant to this section, which shall include— 
(1) a statement of the total amounts paid by 
the Department to minority contractors; 
(2) the successes achieved and challenges faced 
by the Department in operating minority, veteran or 
service-disabled veteran, and women outreach pro-
grams; 
(3) the challenges the Department may face in 
hiring minority, veteran, and women employees and 
contracting with veteran or service-disabled veteran, 
minority-owned, and women-owned businesses; and 
(4) any other information, findings, conclusions, 
and recommendations for legislative or Department 
action, as the Director determines appropriate. 
(d) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) MINORITY.—The term ‘‘minority’’ means 
United States citizens who are Asian Indian Amer-
ican, Asian Pacific American, Black American, His-
panic American, or Native American. 
(2) MINORITY-OWNED
BUSINESS.—The term 
‘‘minority-owned business’’ means a for-profit enter-
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prise, regardless of size, physically located in the 
United States or its trust territories, that is owned, 
operated, and controlled by minority group members. 
‘‘Minority group members’’ are United States citi-
zens who are Asian Indian American, Asian Pacific 
American, Black American, Hispanic American, or 
Native American (terminology in NMSDC cat-
egories). Ownership by minority individuals means 
the business is at least 51 percent owned by such in-
dividuals or, in the case of a publicly owned busi-
ness, at least 51 percent of the stock is owned by 
one or more such individuals. Further, the manage-
ment and daily operations are controlled by those 
minority group members. For purposes of NMSDC’s 
program, a minority group member is an individual 
who is a United States citizen with at least 1⁄4 or 
25 percent minimum (documentation to support 
claim of 25 percent required from applicant) of one 
or more of the following: 
(A) Asian Indian American, which is a 
United States citizen whose origins are from 
India, Pakistan, or Bangladesh. 
(B) Asian Pacific American, which is a 
United States citizen whose origins are from 
Japan, China, Indonesia, Malaysia, Taiwan, 
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Korea, Vietnam, Laos, Cambodia, the Phil-
ippines, Thailand, Samoa, Guam, the United 
States Trust Territories of the Pacific, or the 
Northern Marianas. 
(C) Black American, which is a United 
States citizen having origins in any of the Black 
racial groups of Africa. 
(D) Hispanic American, which is a United 
States citizen of true-born Hispanic heritage, 
from any of the Spanish-speaking areas of the 
following regions: Mexico, Central America, 
South America, and the Caribbean Basin only. 
(E) Native American, which means a 
United States citizen enrolled to a federally rec-
ognized tribe, or a Native as defined under the 
Alaska Native Claims Settlement Act. 
(3) NMSDC.—The term ‘‘NMSDC’’ means the 
National Minority Supplier Development Council. 
(4) 
WOMEN-OWNED
BUSINESS.—The 
term 
‘‘women-owned business’’ means a business that can 
verify through evidence documentation that 51 per-
cent or more is women-owned, managed, and con-
trolled. The business must be open for at least 6 
months. The business owner must be a United 
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States citizen or legal resident alien. Evidence must 
indicate that— 
(A) the contribution of capital or expertise 
by the woman business owner is real and sub-
stantial and in proportion to the interest owned; 
(B) the woman business owner directs or 
causes the direction of management, policy, fis-
cal, and operational matters; and 
(C) the woman business owner has the 
ability to perform in the area of specialty or ex-
pertise without reliance on either the finances 
or resources of a firm that is not owned by a 
woman. 
(5) SERVICE DISABLED VETERAN.—The term 
‘‘Service Disabled Veteran’’ must have a service-con-
nected disability that has been determined by the 
Department of Veterans Affairs or Department of 
Defense. The SDVOSBC must be small under the 
North American Industry Classification System 
(NAICS) code assigned to the procurement; the 
SDV must unconditionally own 51 percent of the 
SDVOSBC; the SDVO must control the manage-
ment and daily operations of the SDVOSBC; and 
the SDV must hold the highest officer position in 
the SDVOSBC. 
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152 
(6) VETERAN-OWNED
BUSINESS.—The term 
‘‘veteran-owned business’’ means a business that can 
verify through evidence documentation that 51 per-
cent or more is veteran-owned, managed, and con-
trolled. The business must be open for at least 6 
months. The business owner must be a United 
States citizen or legal resident alien and honorably 
or service-connected disability discharged from serv-
ice. 
SUBDIVISION 
B—BUREAU 
OF 
RECLAMATION CONDUIT HY-
DROPOWER 
DEVELOPMENT 
EQUITY AND JOBS ACT 
SEC. 1. SHORT TITLE. 
This subdivision may be cited as the ‘‘Bureau of Rec-
lamation Conduit Hydropower Development Equity and 
Jobs Act’’. 
SEC. 2. AMENDMENT. 
Section 9 of the Act entitled ‘‘An Act authorizing 
construction of water conservation and utilization projects 
in the Great Plains and arid semiarid areas of the United 
States’’, approved August 11, 1939 (16 U.S.C. 590z–7; 
commonly known as the ‘‘Water Conservation and Utiliza-
tion Act’’), is amended— 
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(1) by striking ‘‘In connection with’’ and insert-
ing ‘‘(a) In connection with’’; and 
(2) by adding at the end the following: 
‘‘(b) Notwithstanding subsection (a), the Secretary is 
authorized to enter into leases of power privileges for elec-
tric power generation in connection with any project con-
structed under this Act, and shall have authority in addi-
tion to and alternative to any authority in existing laws 
relating to particular projects, including small conduit hy-
dropower development. 
‘‘(c) When entering into leases of power privileges 
under subsection (b), the Secretary shall use the processes 
applicable to such leases under section 9(c) of the Rec-
lamation Project Act of 1939 (43 U.S.C. 485h(c)). 
‘‘(d) Lease of power privilege contracts shall be at 
such rates as, in the Secretary’s judgment, will produce 
revenues at least sufficient to cover the appropriate share 
of the annual operation and maintenance cost of the 
project and such fixed charges, including interest, as the 
Secretary deems proper. Lease of power privilege con-
tracts shall be for periods not to exceed 40 years. 
‘‘(e) No findings under section 3 shall be required 
for a lease under subsection (b). 
‘‘(f) All right, title, and interest to installed power 
facilities constructed by non-Federal entities pursuant to 
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a lease of power privilege, and direct revenues derived 
therefrom, shall remain with the lessee unless otherwise 
required under subsection (g). 
‘‘(g) Notwithstanding section 8, lease revenues and 
fixed charges, if any, shall be covered into the Reclamation 
Fund to be credited to the project from which those reve-
nues or charges were derived. 
‘‘(h) When carrying out this section, the Secretary 
shall first offer the lease of power privilege to an irrigation 
district or water users association operating the applicable 
transferred conduit, or to the irrigation district or water 
users association receiving water from the applicable re-
served conduit. The Secretary shall determine a reason-
able timeframe for the irrigation district or water users 
association to accept or reject a lease of power privilege 
offer. If the irrigation district or water users association 
elects not to accept a lease of power privilege offer under 
subsection (b), the Secretary shall offer the lease of power 
privilege to other parties using the processes applicable to 
such leases under section 9(c) of the Reclamation Project 
Act of 1939 (43 U.S.C. 485h(c)). 
‘‘(i) The Bureau of Reclamation shall apply its cat-
egorical exclusion process under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to 
small conduit hydropower development under this section, 
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excluding siting of associated transmission facilities on 
Federal lands. 
‘‘(j) Nothing in this section shall obligate the Western 
Area Power Administration or the Bonneville Power Ad-
ministration to purchase or market any of the power pro-
duced by the facilities covered under this section and none 
of the costs associated with production or delivery of such 
power shall be assigned to project purposes for inclusion 
in project rates. 
‘‘(k) Nothing in this section shall alter or impede the 
delivery and management of water by Bureau of Reclama-
tion facilities, as water used for conduit hydropower gen-
eration shall be deemed incidental to use of water for the 
original project purposes. Lease of power privilege shall 
be made only when, in the judgment of the Secretary, the 
exercise of the lease will not be incompatible with the pur-
poses of the project or division involved and shall not cre-
ate any unmitigated financial or physical impacts to the 
project or division involved. The Secretary shall notify and 
consult with the irrigation district or legally organized 
water users association operating the transferred conduit 
in advance of offering the lease of power privilege and 
shall prescribe such terms and conditions necessary to 
adequately protect the planning, design, construction, op-
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156 
eration, maintenance, and other interests of the United 
States and the project or division involved. 
‘‘(l) Nothing in this section shall alter or affect any 
agreements in effect on the date of the enactment of the 
Bureau of Reclamation Conduit Hydropower Development 
Equity and Jobs Act for the development of conduit hy-
dropower projects or disposition of revenues. 
‘‘(m) In this section: 
‘‘(1) The term ‘conduit’ means any Bureau of 
Reclamation tunnel, canal, pipeline, aqueduct, flume, 
ditch, or similar manmade water conveyance that is 
operated for the distribution of water for agricul-
tural, municipal, or industrial consumption and not 
primarily for the generation of electricity. 
‘‘(2) The term ‘irrigation district’ means any ir-
rigation, water conservation or conservancy, multi- 
county water conservation or conservancy district, or 
any separate public entity composed of two or more 
such districts and jointly exercising powers of its 
member districts. 
‘‘(3) The term ‘reserved conduit’ means any 
conduit that is included in project works the care, 
operation, and maintenance of which has been re-
served by the Secretary, through the Commissioner 
of the Bureau of Reclamation. 
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‘‘(4) The term ‘transferred conduit’ means any 
conduit that is included in project works the care, 
operation, and maintenance of which has been trans-
ferred to a legally organized water users association 
or irrigation district. 
‘‘(5) The term ‘small conduit hydropower’ 
means a facility capable of producing 5 megawatts 
or less of electric capacity.’’. 
SUBDIVISION C—CENTRAL OR-
EGON JOBS AND WATER SE-
CURITY ACT 
SEC. 1. SHORT TITLE. 
This subdivision may be cited as the ‘‘Central Oregon 
Jobs and Water Security Act’’. 
SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON. 
Section 3(a)(72) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)(72)) is amended as follows: 
(1) By striking ‘‘15-mile’’ and inserting ‘‘14.75- 
mile’’. 
(2) In subparagraph (B)— 
(A) by striking ‘‘8-mile’’ and all that fol-
lows through ‘‘Bowman Dam’’ and inserting 
‘‘7.75-mile segment from a point one-quarter 
mile downstream from the toe of Bowman 
Dam’’; and 
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(B) by adding at the end the following: 
‘‘The developer for any hydropower develop-
ment, including turbines and appurtenant facili-
ties, at Bowman Dam, in consultation with the 
Bureau of Land Management, shall analyze any 
impacts to the Outstandingly Remarkable Val-
ues of the Wild and Scenic River that may be 
caused by such development, including the fu-
ture need to undertake routine and emergency 
repairs, and shall propose mitigation for any 
impacts as part of any license application sub-
mitted to the Federal Energy Regulatory Com-
mission.’’. 
SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. 
Section 4 of the Act of August 6, 1956 (70 Stat. 
1058), (as amended by the Acts of September 14, 1959 
(73 Stat. 554), and September 18, 1964 (78 Stat. 954)) 
is further amended as follows: 
(1) By striking ‘‘ten cubic feet’’ the first place 
it appears and inserting ‘‘17 cubic feet’’. 
(2) By striking ‘‘during those months when 
there is no other discharge therefrom, but this re-
lease may be reduced for brief temporary periods by 
the Secretary whenever he may find that release of 
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Standards PEC 05–01, dated 09/12/2006, and guid-
ed by ‘Economic and Environmental Principles and 
Guidelines for Water and Related Land Resources 
Implementation Studies’, dated March 10, 1983. 
The Secretary is authorized to contract exclusively 
with the City for additional amounts in the future 
at the request of the City.’’. 
SEC. 4. FIRST FILL PROTECTION. 
The Act of August 6, 1956 (70 Stat. 1058), as 
amended by the Acts of September 14, 1959 (73 Stat. 
554), and September 18, 1964 (78 Stat. 954), is further 
amended by adding at the end the following: 
‘‘SEC. 6. Other than the 17 cubic feet per second re-
lease provided for in section 4, and subject to compliance 
with the Army Corps of Engineers’ flood curve require-
ments, the Secretary shall, on a ‘first fill’ priority basis, 
store in and release from Prineville Reservoir, whether 
from carryover, infill, or a combination thereof, the fol-
lowing: 
‘‘(1) 68,273 acre feet of water annually to fulfill 
all 16 Bureau of Reclamation contracts existing as 
of January 1, 2011, and up to 2,740 acre feet of 
water annually to supply the McKay Creek lands as 
provided for in section 5 of this Act. 
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161 
‘‘(2) Not more than 10,000 acre feet of water 
annually, to be made available to the North Unit Ir-
rigation District pursuant to a Temporary Water 
Service Contract, upon the request of the North 
Unit Irrigation District, consistent with the same 
terms and conditions as prior such contracts be-
tween the District and the Bureau of Reclamation. 
‘‘SEC. 7. Except as otherwise provided in this Act, 
nothing in this Act— 
‘‘(1) modifies contractual rights that may exist 
between contractors and the United States under 
Reclamation contracts; 
‘‘(2) amends or reopens contracts referred to in 
paragraph (1); or 
‘‘(3) modifies any rights, obligations, or require-
ments that may be provided or governed by Oregon 
State law.’’. 
SEC. 5. OCHOCO IRRIGATION DISTRICT. 
(a) EARLY REPAYMENT.—Notwithstanding section 
213 of the Reclamation Reform Act of 1982 (43 U.S.C. 
390mm), any landowner within Ochoco Irrigation District 
in Oregon, may repay, at any time, the construction costs 
of the project facilities allocated to that landowner’s lands 
within the district. Upon discharge, in full, of the obliga-
tion for repayment of the construction costs allocated to 
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all lands the landowner owns in the district, those lands 
shall not be subject to the ownership and full-cost pricing 
limitations of the Act of June 17, 1902 (43 U.S.C. 371 
et seq.), and Acts supplemental to and amendatory of that 
Act, including the Reclamation Reform Act of 1982 (43 
U.S.C. 390aa et seq.). 
(b) CERTIFICATION.—Upon the request of a land-
owner who has repaid, in full, the construction costs of 
the project facilities allocated to that landowner’s lands 
owned within the district, the Secretary of the Interior 
shall provide the certification provided for in subsection 
(b)(1) of section 213 of the Reclamation Reform Act of 
1982 (43 U.S.C. 390mm(b)(1)). 
(c) CONTRACT AMENDMENT.—On approval of the 
district directors and notwithstanding project authorizing 
legislation to the contrary, the district’s reclamation con-
tracts are modified, without further action by the Sec-
retary of the Interior, to— 
(1) authorize the use of water for instream pur-
poses, including fish or wildlife purposes, in order 
for the district to engage in, or take advantage of, 
conserved water projects and temporary instream 
leasing as authorized by Oregon State law; 
(2) include within the district boundary ap-
proximately 2,742 acres in the vicinity of McKay 
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Creek, resulting in a total of approximately 44,937 
acres within the district boundary; 
(3) classify as irrigable approximately 685 acres 
within the approximately 2,742 acres of included 
lands in the vicinity of McKay Creek, where the ap-
proximately 685 acres are authorized to receive irri-
gation water pursuant to water rights issued by the 
State of Oregon and have in the past received water 
pursuant to such State water rights; and 
(4) provide the district with stored water from 
Prineville Reservoir for purposes of supplying up to 
the approximately 685 acres of lands added within 
the district boundary and classified as irrigable 
under paragraphs (2) and (3), with such stored 
water to be supplied on an acre-per-acre basis con-
tingent on the transfer of existing appurtenant 
McKay Creek water rights to instream use and the 
State’s issuance of water rights for the use of stored 
water. 
(d) LIMITATION.—Except as otherwise provided in 
subsections (a) and (c), nothing in this section shall be 
construed to— 
(1) modify contractual rights that may exist be-
tween the district and the United States under the 
district’s Reclamation contracts; 
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(2) amend or reopen the contracts referred to 
in paragraph (1); or 
(3) modify any rights, obligations or relation-
ships that may exist between the district and its 
landowners as may be provided or governed by Or-
egon State law. 
SUBDIVISION 
D—STATE 
AU-
THORITY 
FOR 
HYDRAULIC 
FRACTURING 
REGULATION; 
EPA 
HYDRAULIC 
FRAC-
TURING RESEARCH 
TITLE I—STATE AUTHORITY FOR 
HYDRAULIC 
FRACTURING 
REGULATION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Protecting States’ 
Rights to Promote American Energy Security Act’’. 
SEC. 102. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
REGULATION. 
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended by redesignating section 44 as section 45, and 
by inserting after section 43 the following: 
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‘‘SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
REGULATION. 
‘‘(a) IN GENERAL.—The Department of the Interior 
shall not enforce any Federal regulation, guidance, or per-
mit requirement regarding hydraulic fracturing, or any 
component of that process, relating to oil, gas, or geo-
thermal production activities on or under any land in any 
State that has regulations, guidance, or permit require-
ments for that activity. 
‘‘(b) STATE AUTHORITY.—The Department of the 
Interior shall recognize and defer to State regulations, 
permitting, and guidance, for all activities related to hy-
draulic fracturing, or any component of that process, re-
lating to oil, gas, or geothermal production activities on 
Federal land. 
‘‘(c) TRANSPARENCY OF STATE REGULATIONS.— 
‘‘(1) IN GENERAL.—Each State shall submit to 
the Bureau of Land Management a copy of its regu-
lations that apply to hydraulic fracturing operations 
on Federal land. 
‘‘(2) AVAILABILITY.—The Secretary of the In-
terior shall make available to the public State regu-
lations submitted under this subsection. 
‘‘(d) TRANSPARENCY OF STATE DISCLOSURE RE-
QUIREMENTS.— 
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‘‘(1) IN GENERAL.—Each State shall submit to 
the Bureau of Land Management a copy of any reg-
ulations of the State that require disclosure of 
chemicals used in hydraulic fracturing operations on 
Federal land. 
‘‘(2) AVAILABILITY.—The Secretary of the In-
terior shall make available to the public State regu-
lations submitted under this subsection. 
‘‘(e) HYDRAULIC FRACTURING DEFINED.—In this 
section the term ‘hydraulic fracturing’ means the process 
by which fracturing fluids (or a fracturing fluid system) 
are pumped into an underground geologic formation at a 
calculated, predetermined rate and pressure to generate 
fractures or cracks in the target formation and thereby 
increase the permeability of the rock near the wellbore and 
improve production of natural gas or oil.’’. 
SEC. 103. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study examining the economic bene-
fits of domestic shale oil and gas production resulting from 
the process of hydraulic fracturing. This study will include 
identification of— 
(1) State and Federal revenue generated as a 
result of shale gas production; 
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(2) jobs created both directly and indirectly as 
a result of shale oil and gas production; and 
(3) an estimate of potential energy prices with-
out domestic shale oil and gas production. 
(b) REPORT.—The Comptroller General shall submit 
a report on the findings of such study to the Committee 
on Natural Resources of the House of Representatives 
within 30 days after completion of the study. 
SEC. 104. TRIBAL AUTHORITY ON TRUST LAND. 
The Department of the Interior shall not enforce any 
Federal regulation, guidance, or permit requirement re-
garding the process of hydraulic fracturing (as that term 
is defined in section 44 of the Mineral Leasing Act, as 
amended by section 102 of this Act), or any component 
of that process, relating to oil, gas, or geothermal produc-
tion activities on any land held in trust or restricted status 
for the benefit of Indians except with the express consent 
of the beneficiary on whose behalf such land is held in 
trust or restricted status. 
TITLE II—EPA HYDRAULIC 
FRACTURING RESEARCH 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘EPA Hydraulic Frac-
turing Study Improvement Act’’. 
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SEC. 202. EPA HYDRAULIC FRACTURING RESEARCH. 
In conducting its study of the potential impacts of 
hydraulic fracturing on drinking water resources, with re-
spect to which a request for information was issued under 
Federal Register Vol. 77, No. 218, the Administrator of 
the Environmental Protection Agency shall adhere to the 
following requirements: 
(1) PEER
REVIEW
AND
INFORMATION
QUAL-
ITY.—Prior to issuance and dissemination of any 
final report or any interim report summarizing the 
Environmental Protection Agency’s research on the 
relationship between hydraulic fracturing and drink-
ing water, the Administrator shall— 
(A) consider such reports to be Highly In-
fluential Scientific Assessments and require 
peer review of such reports in accordance with 
guidelines governing such assessments, as de-
scribed in— 
(i) 
the 
Environmental 
Protection 
Agency’s Peer Review Handbook 3rd Edi-
tion; 
(ii) the Environmental Protection 
Agency’s Scientific Integrity Policy, as in 
effect on the date of enactment of this Act; 
and 
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(iii) the Office of Management and 
Budget’s Peer Review Bulletin, as in effect 
on the date of enactment of this Act; and 
(B) require such reports to meet the stand-
ards and procedures for the dissemination of in-
fluential scientific, financial, or statistical infor-
mation set forth in the Environmental Protec-
tion Agency’s Guidelines for Ensuring and 
Maximizing the Quality, Objectivity, Utility, 
and Integrity of Information Disseminated by 
the Environmental Protection Agency, devel-
oped in response to guidelines issued by the Of-
fice of Management and Budget under section 
515(a) of the Treasury and General Govern-
ment Appropriations Act for Fiscal Year 2001 
(Public Law 106–554). 
(2) PROBABILITY, UNCERTAINTY, AND
CON-
SEQUENCE.—In order to maximize the quality and 
utility of information developed through the study, 
the Administrator shall ensure that identification of 
the possible impacts of hydraulic fracturing on 
drinking water resources included in such reports be 
accompanied by objective estimates of the prob-
ability, uncertainty, and consequence of each identi-
fied impact, taking into account the risk manage-
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ment practices of States and industry. Estimates or 
descriptions of probability, uncertainty, and con-
sequence shall be as quantitative as possible given 
the validity, accuracy, precision, and other quality 
attributes of the underlying data and analyses, but 
no more quantitative than the data and analyses can 
support. 
(3) RELEASE OF FINAL REPORT.—The final re-
port shall be publicly released by September 30, 
2016. 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. REVIEW OF STATE ACTIVITIES. 
The Secretary of the Interior shall annually review 
and report to Congress on all State activities relating to 
hydraulic fracturing. 
SUBDIVISION 
E—PREVENTING 
GOVERNMENT 
WASTE 
AND 
PROTECTING COAL MINING 
JOBS IN AMERICA 
SEC. 1. SHORT TITLE. 
This subdivision may be cited as the ‘‘Preventing 
Government Waste and Protecting Coal Mining Jobs in 
America’’. 
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