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. 
Subtitle D—State Control of Energy Development and Production on All 
Available Federal Land 
Sec. 141. Short title. 
Sec. 142. State control of energy development and production on all available 
Federal land. 
Subtitle E—Prohibition on New Wilderness or Wilderness Study Areas on 
Lands Administered by the BLM Without Congressional Approval; Indian 
Land Development 
Sec. 151. Repeal of Executive order. 
Sec. 152. Wilderness designation procedures. 
Sec. 153. Future executive branch actions. 
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Sec. 154. 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. 161. Oil shale, tar sands, and other strategic unconventional fuels. 
Sec. 162. Energy production on Federal lands. 
Sec. 163. Jurisdiction. 
Sec. 164. Judicial review. 
Sec. 165. Time for filing petition for judicial review; standing, filing of record. 
Sec. 166. Limitation on scope of review and relief. 
Sec. 167. Exclusion. 
Subtitle G—Development of Solar and Wind Energy on Public Land 
Sec. 171. Definitions. 
Sec. 172. Programmatic environmental impact statements and land use plan-
ning. 
Sec. 173. Development of solar and wind energy on public land. 
Sec. 174. Disposition of revenues. 
Subtitle H—Miscellaneous Provisions 
Sec. 181. Military operations. 
Sec. 182. Environmental sensitivity analysis under the program. 
Sec. 183. Validity of existing leases. 
Sec. 184. Integrity of lease sales and leasing schedule. 
Sec. 185. Authority to conduct offshore drilling under approved permits. 
Sec. 186. Time requirement to act on oil and natural gas drilling permits. 
Sec. 187. Timely issuance of onshore oil and gas leases. 
Sec. 188. State auditing. 
TITLE II—CONTINENTAL PIPELINE APPROVAL 
Sec. 201. Keystone XL permit approval. 
Sec. 202. Judicial review. 
Sec. 203. American burying beetle. 
Sec. 204. Right-of-way and temporary use permit. 
Sec. 205. Permits for activities in navigable waters. 
Sec. 206. Migratory Bird Treaty Act permit. 
Sec. 207. Oil spill response plan disclosure. 
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. 
TITLE V—REFINERY REFORM 
Sec. 501. Refinery permitting process. 
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Sec. 502. Existing refinery permit application deadline. 
Sec. 503. New refining capacity on closed military installations. 
TITLE VI—REPEAL OF ENERGY TAX SUBSIDIES 
Sec. 600. Amendment of 1986 code. 
Sec. 601. Corporate and Individual income tax rates reduced. 
Sec. 602. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mix-
tures. 
Sec. 603. Repeal of credit for certain plug-in electric vehicles. 
Sec. 604. Early termination of credit for qualified fuel cell motor vehicles. 
Sec. 605. Repeal of alternative fuel vehicle refueling property credit. 
Sec. 606. Repeal of credit for alcohol used as fuel. 
Sec. 607. Repeal of credit for biodiesel and renewable diesel used as fuel. 
Sec. 608. Repeal of enhanced oil recovery credit. 
Sec. 609. Termination of credit for electricity produced from certain renewable 
resources. 
Sec. 610. Repeal of credit for producing oil and gas from marginal wells. 
Sec. 611. Termination of credit for production from advanced nuclear power fa-
cilities. 
Sec. 612. Repeal of credit for carbon dioxide sequestration. 
Sec. 613. Termination of energy credit. 
Sec. 614. Repeal of qualifying advanced coal project. 
Sec. 615. Repeal of qualifying gasification project credit. 
Sec. 616. Repeal of American Recovery and Reinvestment Act of 2009 energy 
grant program. 
Sec. 617. Election to expense property used in the production of energy. 
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. 
Sec. 706. Prohibition on use of social cost of carbon in analysis. 
Sec. 707. Clarification of legal enforcement against noncriminal energy pro-
ducers. 
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. 
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Sec. 1103. Priority-Energy Project permit duration. 
TITLE XII—FUTURE NUCLEAR ENERGY 
Sec. 1201. Short title. 
Sec. 1202. Public health and safety. 
Sec. 1203. Streamlining Combined Construction and Operating License. 
Sec. 1204. Reactor design certification. 
Sec. 1205. Technology neutral plant design specifications. 
Sec. 1206. Additional funding and personnel resources. 
Sec. 1207. Next Generation Nuclear Power Plant. 
Sec. 1208. Uranium mining on Federal lands. 
SEC. 3. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
(1) the Constitution of the United States in-
vests in Congress the authority to manage Federal 
lands and the natural resources contained within 
them; 
(2) the natural resources contained within lands 
owned by the Federal Government are ultimately 
owned by the people, and can be explored and devel-
oped by them in their pursuit of happiness to fuel 
the American way of life; 
(3) 
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; 
(4) the domestic oil and natural gas industry is 
responsible for approximately 9.2 million jobs; 
(5) the United States has substantial undevel-
oped oil and natural gas resources underlying Fed-
eral lands; 
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(6) 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; 
(7) 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; 
(8) the approximately 43 million leased outer 
Continental Shelf acres currently account for about 
15 percent of the United States domestic natural 
gas production and about 27 percent of the United 
States domestic oil production; 
(9) 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; 
(10) 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; 
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(11) 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; 
(12) 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 
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, 
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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; 
(13) Executive Order 13547 on Stewardship of 
the Ocean, Our Coasts, and the Great Lakes, issued 
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; 
(14) 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; 
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(15) 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; 
(16) the Coastal Plain of Alaska is an impor-
tant potential new source of domestic oil and gas 
production; 
(17) 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; 
(18) there are 103 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; 
(19) 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; 
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(20) nuclear power is responsible for 72 percent 
of emission-free electricity production in the United 
States; 
(21) nuclear power plants virtually eliminate 
emissions of greenhouse gases and criteria pollutants 
associated with acid rain, smog, or ozone; 
(22) nuclear energy supplies consistent, base-
load electricity, independent of environmental condi-
tions; 
(23) between 1960 and 1980, the Nuclear Reg-
ulatory Commission issued 169 permits to construct 
nuclear power facilities; 
(24) 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; 
(25) 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; 
(26) 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; 
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(27) 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; 
(28) 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; 
(29) 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; 
(30) the Congress reaffirmed Yucca Mountain 
as the sole candidate site for a geologic repository in 
2001; 
(31) 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; 
(32) failure to accept high-level radioactive 
waste and spent nuclear fuel has led to more than 
74 lawsuits filed by utilities against the Government, 
$1,000,000,000 in settlements being paid, and an 
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estimated $16,200,000,000 in potential liabilities to 
settle remaining lawsuits; 
(33) 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; 
(34) 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; 
(35) the United States has 58,000 tons of radi-
ological material stored at more than 100 sites in 39 
States; 
(36) the 103 commercial nuclear reactors oper-
ating in the United States produce approximately 
2,000 tons of spent nuclear fuel every year; 
(37) the Yucca Mountain repository’s capacity 
is statutorily limited to 70,000 tons of waste but can 
safely hold 120,000 tons; 
(38) 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; 
(39) permanent geologic storage capacity is a 
finite resource on which the industry depends; and 
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(40) operators have the technical expertise to 
develop new and more efficient processes of dis-
posing of new radiological material, including finding 
repositories in addition to Yucca Mountain. 
(b) PURPOSES.—The purposes of this Act are to— 
(1) apply our founding principles as outlined in 
the Declaration of Independence and Constitution to 
restore the individual’s right to life, liberty, and the 
pursuit of happiness by restoring a true all-of-the- 
above, free market, all-American energy market in 
the United States; 
(2) promote expansion of domestic employment 
opportunities through energy development on Fed-
eral lands and through less intrusive government on 
private lands; 
(3) respond to the Nation’s increased demand 
for domestic energy resources, including oil and nat-
ural gas resources; 
(4) support the utilization of the outer Conti-
nental Shelf for oil and gas production and trans-
mission; 
(5) confirm and ensure the validity of oil and 
gas leases issued under the Final Outer Continental 
Shelf Oil and Gas Leasing Program, 2012–2017; 
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(6) ensure the continued leasing of outer Conti-
nental Shelf areas pursuant to the Final Outer Con-
tinental Shelf Oil and Gas Leasing Program, 2012– 
2017; 
(7) 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 
Shelf, in order to achieve greater consistency, cer-
tainty, and timeliness in permit processing require-
ments; 
(8) promote process streamlining and increased 
interagency efficiency, including elimination of inter-
agency duplication of effort; 
(9) improve information sharing among agen-
cies and understanding of respective agency roles 
and responsibilities; 
(10) 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; 
(11) promote responsible stewardship of Fed-
eral oil and gas resources; 
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(12) maintain high standards of safety and en-
vironmental protection; and 
(13) 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 to apply the prin-
ciples of individual liberty contained within the Declara-
tion of Independence and Constitution for the restoration 
of a true all-of-the-above, free market, all-American en-
ergy strategy by reducing or eliminating financial, regu-
latory, and technical barriers to energy exploration and 
production. 
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-
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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 
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-
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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 
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. 
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(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 
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-
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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-
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. 
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(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. 
(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). 
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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 2015, 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-
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 
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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) FINDINGS.—The Congress finds that— 
(1) the long-delayed Environmental Impact 
Statement (EIS) for the conduct of a safe, environ-
mentally protective seismic assessment of the oil and 
natural gas resources offshore the Atlantic Outer 
Continental Shelf (OCS) should be completed; 
(2) it has been nearly 2 generations since seis-
mic testing was last conducted along our Eastern 
Seaboard; 
(3) updated 3–D and 4–D technology revealed 
about 500 percent more resource potential than ear-
lier estimates when used to gather seismic data in 
the Gulf of Mexico; 
(4) in the many decades seismic surveys have 
been conducted around the world, there has never 
been a documented case where use of an air gun to 
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perform a seismic survey has caused the death of an 
animal; and 
(5) April 2014 will mark 2 years since the De-
partment of the Interior’s original projected target 
completion of such EIS. 
(b) EIS FOR ATLANTIC OCS PLANNING AREA.—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 
of geological and geophysical activities in the Atlantic 
Outer Continental Shelf Planning Area. 
(c) PERMITS
FOR
ATLANTIC
OCS PLANNING 
AREA.—Pursuant to all of the laws that apply to geologic 
and geophysical activities in the Atlantic Outer Conti-
nental Shelf Planning Area, the Secretary, acting through 
the Bureau of Ocean Energy Management, shall establish 
a process to ensure the timely completion of all permit 
processing activities that meets the requirements of the 
Act for geologic and geophysical activities in the Atlantic 
Outer Continental Shelf Planning Area, including areas 
of the Southern Atlantic Outer Continental Shelf. 
(d) 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 
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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 
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— 
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(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 
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 
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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.’’; 
(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 
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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 
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 
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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 
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.’’. 
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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 
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 
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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. 
(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-
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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-
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 
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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 
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-
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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 
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 
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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 
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. 
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(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— 
(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. 
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(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; 
(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 
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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 
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; 
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(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; 
(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 
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(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 
(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 
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(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.). 
(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. 
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(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) 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-
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. 
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(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. 
(l) 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. 
(m) FACILITY CONSOLIDATION PLANNING.— 
(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: 
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(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. 
(n) 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 
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. 
(o) EXPEDITED JUDICIAL REVIEW.— 
(1) FILING OF COMPLAINT.— 
(A) DEADLINE.—A complaint seeking judi-
cial review of any provision of this section or 
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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. 
(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 
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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 
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-
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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 
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— 
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(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-
tled pursuant to the August 9, 1983, agreement be-
tween the Arctic Slope Regional Corporation and the 
United States of America. 
Subtitle D—State Control of En-
ergy Development and Produc-
tion on All Available Federal 
Land 
SEC. 141. SHORT TITLE. 
This subtitle may be cited as the ‘‘Federal Land 
Freedom Act of 2013’’. 
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SEC. 142. STATE CONTROL OF ENERGY DEVELOPMENT AND 
PRODUCTION ON ALL AVAILABLE FEDERAL 
LAND. 
(a) DEFINITIONS.—In this section: 
(1) AVAILABLE
FEDERAL
LAND.—The term 
‘‘available Federal land’’ means any Federal land 
that, as of May 31, 2013— 
(A) is located within the boundaries of a 
State; 
(B) is not held by the United States in 
trust for the benefit of a federally recognized 
Indian tribe; 
(C) is not a unit of the National Park Sys-
tem; 
(D) is not a unit of the National Wildlife 
Refuge System; and 
(E) is not a Congressionally designated 
wilderness area. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means— 
(A) a State; and 
(B) the District of Columbia. 
(b) STATE PROGRAMS.— 
(1) IN GENERAL.—A State— 
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(A) may establish a program covering the 
leasing and permitting processes, regulatory re-
quirements, and any other provisions by which 
the State would exercise its rights to develop all 
forms of energy resources on available Federal 
land in the State; and 
(B) as a condition of certification under 
subsection (c)(2) shall submit a declaration to 
the Departments of the Interior, Agriculture, 
and Energy that a program under subpara-
graph (A) has been established or amended. 
(2) AMENDMENT OF PROGRAMS.—A State may 
amend a program developed and certified under this 
section at any time. 
(3) CERTIFICATION OF AMENDED PROGRAMS.— 
Any program amended under paragraph (2) shall be 
certified under subsection (c)(2). 
(c) LEASING, PERMITTING, AND REGULATORY PRO-
GRAMS.— 
(1) SATISFACTION
OF
FEDERAL
REQUIRE-
MENTS.—Each program certified under this section 
shall be considered to satisfy all applicable require-
ments of Federal law (including regulations), includ-
ing— 
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(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); and 
(C) the National Historic Preservation Act 
(16 U.S.C. 470 et seq.). 
(2) FEDERAL CERTIFICATION AND TRANSFER 
OF DEVELOPMENT RIGHTS.—Upon submission of a 
declaration by a State under subsection (b)(1)(B)— 
(A) 
the 
program 
under 
subsection 
(b)(1)(A) shall be certified; and 
(B) the State shall receive all rights from 
the Federal Government to develop all forms of 
energy resources covered by the program. 
(3) ISSUANCE OF PERMITS AND LEASES.—If a 
State elects to issue a permit or lease for the devel-
opment of any form of energy resource on any avail-
able Federal land within the borders of the State in 
accordance with a program certified under para-
graph (2), the permit or lease shall be considered to 
meet all applicable requirements of Federal law (in-
cluding regulations). 
(d) JUDICIAL REVIEW.—Activities carried out in ac-
cordance with this Act shall not be subject to judicial re-
view. 
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(e) ADMINISTRATIVE PROCEDURE ACT.—Activities 
carried out in accordance with this Act shall not be subject 
to subchapter II of chapter 5, and chapter 7, of title 5, 
United States Code (commonly known as the ‘‘Administra-
tive Procedure Act’’). 
Subtitle E—Prohibition on New 
Wilderness or Wilderness Study 
Areas on Lands Administered by 
the BLM Without Congressional 
Approval; Indian Land Develop-
ment 
SEC. 151. 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. 152. 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 
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 
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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 the 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 wil-
derness 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 
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 
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(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 the Interior issues a rec-
ommendation under subsection (a), the Secretary 
shall initiate a notice and comment period to receive 
comments from the public regarding the rec-
ommendation. 
(3) REPORT.— 
(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: 
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(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 
water rights, hunting, recreational shoot-
ing, grazing, timber production, vegetation 
manipulation to maintain forest health, 
off-road vehicle use, hiking, horseback 
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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 the 
Interior shall ensure that— 
(i) a report submitted to Congress 
under subparagraph (A) is published on 
the Department of the 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 the Inte-
rior Web site upon their completion. 
(4) IMPLEMENTATION GUIDELINES.—The Sec-
retary of the Interior, in cooperation with the States, 
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-
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tive following the last day of the 2-year period begin-
ning on the date on which the Secretary of the Inte-
rior issued the designation, unless the report is ap-
proved 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 
the 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 
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 
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effective following the last day of the 2-year period 
referred to in paragraph (1). 
SEC. 153. 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. 
(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 
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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. 154. 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,’’. 
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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. 161. 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 
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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. 162. 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). 
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SEC. 163. 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. 164. JUDICIAL REVIEW. 
(a) IN GENERAL.— 
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(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 
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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.— 
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(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 
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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 
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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. 165. 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 
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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 
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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. 166. 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. 
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SEC. 167. 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. 171. 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. 
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(2) PILOT
PROGRAM.—The term ‘‘pilot pro-
gram’’ means the wind and solar leasing pilot pro-
gram established under section 173(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. 
172. 
PROGRAMMATIC 
ENVIRONMENTAL 
IMPACT 
STATEMENTS AND LAND USE PLANNING. 
(a) 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 
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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 
(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. 
(b) 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. 
(c) 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— 
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(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; 
(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— 
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(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; 
(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 
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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; 
(C) the Committee on Armed Services of 
the House of Representatives; and 
(D) the Committee on Natural Resources 
of the House of Representatives. 
SEC. 173. 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 
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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. 
(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— 
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(i) financial resources necessary to 
complete a project; 
(ii) knowledge of the applicable tech-
nology; and 
(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— 
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(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 
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 
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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 174. 
(D) LEASE TERMS.— 
(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. 
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(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— 
(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.— 
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(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 
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; 
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(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. 
(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 
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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 
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 
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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, 
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— 
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(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. 
(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; 
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(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 
(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; 
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(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 
(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). 
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(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; 
(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; 
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(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.— 
(1) DURATION.—A lease under this section 
shall be for— 
(A) an initial term of 25 years; and 
(B) any additional period after the initial 
term during which electricity is being produced 
annually in commercial quantities from the 
lease. 
(2) ADMINISTRATION.—The Secretary shall es-
tablish terms and conditions for the issuance, trans-
fer, renewal, suspension, and cancellation of a lease 
under this section. 
(3) READJUSTMENT.— 
(A) IN GENERAL.—Royalties, rentals, and 
other terms and conditions of a lease under this 
section shall be subject to readjustment— 
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(i) on the date that is 15 years after 
the date on which the lease is issued; and 
(ii) every 10 years thereafter. 
(B) LEASE.—Each lease issued under this 
Act shall provide for readjustment in accord-
ance with subparagraph (A). 
(j) SURFACE-DISTURBING ACTIVITIES.—The Secre-
taries shall— 
(1) regulate all surface-disturbing activities con-
ducted pursuant to any lease issued under this sec-
tion; and 
(2) require any necessary reclamation and other 
actions under the lease as are required in the inter-
est of conservation of surface resources. 
(k) SECURITY.—The Secretaries shall require the 
holder of a lease issued under this section— 
(1) to furnish a surety bond or other form of 
security, as prescribed by the Secretaries; 
(2) to provide for the reclamation and restora-
tion of the area covered by the lease; and 
(3) to comply with such other requirements as 
the Secretaries consider necessary to protect the in-
terests of the public and the United States. 
(l) PERIODIC REVIEW.—Not less frequently than 
once every 5 years, the Secretary shall conduct a review 
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of the adequacy of the surety bond or other form of secu-
rity provided by the holder of a lease issued under this 
section. 
SEC. 174. DISPOSITION OF REVENUES. 
(a) DISPOSITION OF REVENUES.—Of the amounts 
collected as bonus bids, royalties, rentals, fees, or other 
payments under a right-of-way, permit, lease, or other au-
thorization for the development of wind or solar energy 
on covered land— 
(1) 25 percent shall be paid by the Secretary of 
the Treasury to the State within the boundaries of 
which the income is derived; 
(2) 25 percent shall be paid by the Secretary of 
the Treasury to the 1 or more counties within the 
boundaries of which the income is derived; and 
(3) 50 percent shall be deposited in the Treas-
ury of the United States. 
(b) PAYMENTS
TO
STATES
AND
COUNTIES.— 
Amounts paid to States and counties under subsection (a) 
shall be used consistent with section 35 of the Mineral 
Leasing Act (30 U.S.C. 191). 
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Subtitle H—Miscellaneous 
Provisions 
SEC. 181. MILITARY OPERATIONS. 
The Secretary shall consult with the Secretary of De-
fense regarding military operations needs in the waters of 
the outer Continental Shelf. The Secretary shall work with 
the Secretary of Defense to resolve any conflicts that 
might arise between such operations and leasing under 
this subtitle. If the Secretaries are unable to resolve all 
such conflicts, any unresolved issues shall be referred by 
the Secretaries to the President within 90 days for imme-
diate resolution. 
SEC. 182. ENVIRONMENTAL SENSITIVITY ANALYSIS UNDER 
THE PROGRAM. 
(a) ENVIRONMENTAL SENSITIVITY INDEX.—The En-
vironmental Sensitivity Index, developed by the National 
Oceanic and Atmospheric Administration, which considers 
the sensitivity of different shoreline areas to oil spills, and 
the ranking under the program of the areas of the outer 
Continental Shelf based upon the Environmental Sensi-
tivity Index, satisfies the requirements of section 18 of the 
Act (43 U.S.C. 1344), including the requirement to con-
sider the relative environmental sensitivity of different 
areas of the outer Continental Shelf under section 
18(a)(2)(G) of the Act (43 U.S.C. 1344(a)(2)(G)). 
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(b) PROGRAM DEEMED SUFFICIENT.—The Final 
Outer Continental Shelf Oil and Gas Leasing Program, 
2007–2012, is deemed to meet all requirements of section 
18 of the Act (43 U.S.C. 1344) and is effective as of the 
date on which the Secretary made that program effective. 
SEC. 183. VALIDITY OF EXISTING LEASES. 
Any lease heretofore issued pursuant to a lease sale 
held under the Final Outer Continental Shelf Oil and Gas 
Leasing Program, 2007–2012, including any lease issued 
pursuant to Lease Sale 193 or 213, is deemed to be in 
full compliance with the Act and all other legal require-
ments. 
SEC. 184. INTEGRITY OF LEASE SALES AND LEASING 
SCHEDULE. 
(a) LEASING DURING JUDICIAL OR ADMINISTRATIVE 
REVIEW.—Section 18(d)(3) of the Act (43 U.S.C. 
1344(d)(3)) is amended to read as follows: 
‘‘(3) After the leasing program has been approved by 
the Secretary, except as otherwise provided by applicable 
law, no lease shall be issued unless it is for an area in-
cluded in the approved leasing program and unless it con-
tains provisions consistent with the approved leasing pro-
gram, except that leasing shall continue for so long as 
such program is under judicial or administrative review 
pursuant to this Act, including any administrative review 
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occasioned by the remand of such program as a result of 
judicial review. Any lease issued pursuant to a lease sale 
held in the period that the approved leasing program is 
under judicial or administrative review is deemed to have 
been issued pursuant to an approved leasing program.’’. 
(b) COURT ACTION UPON APPEAL.—The last sen-
tence of section 23(c)(6) of the Act (43 U.S.C. 1349(c)(6)) 
is amended to read as follows: ‘‘The court may affirm or 
modify any order or decision or may remand the pro-
ceedings to the Secretary for such further action as it may 
direct.’’. 
SEC. 185. AUTHORITY TO CONDUCT OFFSHORE DRILLING 
UNDER APPROVED PERMITS. 
(a) IN GENERAL.—Subject to subsection (b), each 
holder of a permit issued pursuant to an application for 
a permit to drill, including an application for a permit to 
sidetrack, that was approved by the Minerals Management 
Service before May 3, 2010, for purposes of outer Conti-
nental Shelf energy exploration or development and pro-
duction may conduct all operations authorized under the 
terms of the permit (including all exploration plans, devel-
opment operations coordination documents, and develop-
ment production plans submitted for the permit)— 
(1) without further review by the Bureau of 
Ocean Energy Management, Regulation and En-
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forcement and Bureau of Safety and Environmental 
Enforcement; and 
(2) without further review or delay under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) or any other similar statutes, 
including the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.) or the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361 et seq.). 
(b) OPERATIONS.—Operations conducted under sub-
section (a) shall be carried out in accordance with the safe-
ty protocols contained in part 250 of title 30, Code of Fed-
eral Regulations. 
(c) REVIEW OF COMPLIANCE.—This section does not 
prohibit review of compliance with the terms of such a per-
mit. 
SEC. 186. TIME REQUIREMENT TO ACT ON OIL AND NAT-
URAL GAS DRILLING PERMITS. 
Subsection (d) of section 11 of the Act (43 U.S.C. 
1340) is amended by designating the existing text as para-
graph (1) and adding at the end the following: 
‘‘(2)(A) The Secretary shall approve or dis-
approve any application for a permit for drilling a 
well under an approved exploration or development 
plan, or any application to amend a previously ap-
proved permit, within 30 days after its submission, 
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except that the Secretary may disapprove such per-
mit only upon a determination that— 
‘‘(i) any proposed activity under the permit 
would result in any condition described in sec-
tion 5(a)(2)(A)(i); and 
‘‘(ii) such proposed activity cannot be 
modified to avoid such condition. 
‘‘(B) The Secretary may request additional in-
formation from the applicant prior to approving or 
disapproving such application, but the request for 
additional information must be received by the appli-
cant within 15 days after submission of the applica-
tion to the Secretary. Upon receipt of the additional 
information requested by the Secretary, the Sec-
retary shall approve or disapprove the application 
within 15 days in accordance with this subsection. If 
the Secretary disapproves a permit application or an 
amended permit application pursuant to this sub-
section, and there is no other well on the lease tract 
capable of production in paying quantities, within 90 
days after receipt of a final disapproval decision all 
record title holders of the lease may request can-
cellation of the lease, and within 60 days after re-
ceipt of such cancellation request the Secretary shall 
pay to the record title holders the amount of any 
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bonus bid paid for such lease. The Secretary shall 
make such payment from amounts that otherwise 
would be credited to miscellaneous receipts pursuant 
to section 9.’’. 
SEC. 187. TIMELY ISSUANCE OF ONSHORE OIL AND GAS 
LEASES. 
Section 17(a)(1) of the Mineral Leasing Act (30 
U.S.C. 226(b)(1)(A)) is amended by striking ‘‘Leases shall 
be issued within 60 days following payment by the success-
ful bidder of the remainder of the bonus bid, if any, and 
the annual rental for the first lease year.’’ and inserting 
‘‘Unless the Secretary issues a lease sooner, leases shall 
automatically issue exactly 60 days following payment by 
the successful bidder of the remainder of the bonus bid, 
if any, and the annual rental for the first lease year. The 
filing of any protest to the sale or issuance of a lease shall 
not act to extend the date by which the lease is to be 
issued following payment by the successful bidder under 
the preceding sentence, nor shall the issuance of a lease 
be delayed or deferred beyond 60 days following payment 
by the successful bidder pending resolution of a protest 
to the sale or issuance of the lease.’’. 
SEC. 188. STATE AUDITING. 
Where authority is ceded to States to audit proc-
essing and transportation for purposes of royalty calcula-
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tion under section 205 of the Royalty Simplification and 
Fairness Act of 1996, State auditors shall provide back-
ground methodology and supporting detail to the payor 
for audit findings; including formulas and supporting 
worksheets detailing the calculations used when costs from 
processing plants and transportation providers are dis-
allowed by the State auditor. The State shall seek written 
authority from the processors and transporters to provide 
this information when necessary and requested. 
TITLE II—CONTINENTAL 
PIPELINE APPROVAL 
SEC. 201. KEYSTONE XL PERMIT APPROVAL. 
Notwithstanding Executive Order No. 13337 (3 
U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 
301 note), section 301 of title 3, United States Code, and 
any other Executive order or provision of law, no Presi-
dential permit shall be required for the pipeline described 
in the application filed on May 4, 2012, by TransCanada 
Keystone Pipeline, L.P. to the Department of State for 
the Keystone XL pipeline, as supplemented to include the 
Nebraska reroute evaluated in the Final Evaluation Re-
port issued by the Nebraska Department of Environ-
mental Quality in January 2013 and approved by the Ne-
braska governor. The final environmental impact state-
ment issued by the Secretary of State on August 26, 2011, 
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coupled with the Final Evaluation Report described in the 
previous sentence, shall be considered to satisfy all re-
quirements of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and of the National His-
toric Preservation Act (16 U.S.C. 470 et seq.). 
SEC. 202. JUDICIAL REVIEW. 
(a) EXCLUSIVE JURISDICTION.—Except for review by 
the Supreme Court on writ of certiorari, the United States 
Court of Appeals for the District of Columbia Circuit shall 
have original and exclusive jurisdiction to determine— 
(1) the validity of any final order or action (in-
cluding a failure to act) of any Federal agency or of-
ficer with respect to issuance of a permit relating to 
the construction or maintenance of the Keystone XL 
pipeline, including any final order or action deemed 
to be taken, made, granted, or issued; 
(2) the constitutionality of any provision of this 
Act, or any decision or action taken, made, granted, 
or issued, or deemed to be taken, made, granted, or 
issued under this Act; or 
(3) the adequacy of any environmental impact 
statement prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
or of any analysis under any other Act, with respect 
to any action taken, made, granted, or issued, or 
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deemed to be taken, made, granted, or issued under 
this Act. 
(b) DEADLINE FOR FILING CLAIM.—A claim arising 
under this Act may be brought not later than 60 days 
after the date of the decision or action giving rise to the 
claim. 
(c) 
EXPEDITED
CONSIDERATION.—The 
United 
States Court of Appeals for the District of Columbia Cir-
cuit shall set any action brought under subsection (a) for 
expedited consideration, taking into account the national 
interest of enhancing national energy security by providing 
access to the significant oil reserves in Canada that are 
needed to meet the demand for oil. 
SEC. 203. AMERICAN BURYING BEETLE. 
(a) FINDINGS.—The Congress finds that— 
(1) environmental reviews performed for the 
Keystone XL pipeline project satisfy the require-
ments of section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536(a)(2)) in its entirety; and 
(2) for purposes of that Act, the Keystone XL 
pipeline project will not jeopardize the continued ex-
istence of the American burying beetle or destroy or 
adversely modify American burying beetle critical 
habitat. 
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100 
(b) BIOLOGICAL OPINION.—The Secretary of the In-
terior is deemed to have issued a written statement setting 
forth the Secretary’s opinion containing such findings 
under section 7(b)(1)(A) of the Endangered Species Act 
of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the 
American burying beetle that is incidental to the construc-
tion or operation and maintenance of the Keystone XL 
pipeline as it may be ultimately defined in its entirety, 
shall not be considered a prohibited taking of such species 
under such Act. 
SEC. 204. RIGHT-OF-WAY AND TEMPORARY USE PERMIT. 
The Secretary of the Interior is deemed to have 
granted or issued a grant of right-of-way and temporary 
use permit under section 28 of the Mineral Leasing Act 
(30 U.S.C. 185) and the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et seq.), as set forth 
in the application tendered to the Bureau of Land Man-
agement for the Keystone XL pipeline. 
SEC. 
205. 
PERMITS 
FOR 
ACTIVITIES 
IN 
NAVIGABLE 
WATERS. 
(a) ISSUANCE OF PERMITS.—The Secretary of the 
Army, not later than 90 days after receipt of an applica-
tion therefor, shall issue all permits under section 404 of 
the Federal Water Pollution Control Act (33 U.S.C. 1344) 
and section 10 of the Act of March 3, 1899 (33 U.S.C. 
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101 
403; commonly known as the Rivers and Harbors Appro-
priations Act of 1899), necessary for the construction, op-
eration, and maintenance of the pipeline described in the 
May 4, 2012, application referred to in section 201, as 
supplemented by the Nebraska reroute. The application 
shall be based on the administrative record for the pipeline 
as of the date of enactment of this Act, which shall be 
considered complete. 
(b) WAIVER OF PROCEDURAL REQUIREMENTS.—The 
Secretary may waive any procedural requirement of law 
or regulation that the Secretary considers desirable to 
waive in order to accomplish the purposes of this section. 
(c) ISSUANCE IN ABSENCE OF ACTION BY THE SEC-
RETARY.—If the Secretary has not issued a permit de-
scribed in subsection (a) on or before the last day of the 
90-day period referred to in subsection (a), the permit 
shall be deemed issued under section 404 of the Federal 
Water Pollution Control Act (33 U.S.C. 1344) or section 
10 of the Act of March 3, 1899 (33 U.S.C. 403), as appro-
priate, on the day following such last day. 
(d) LIMITATION.—The Administrator of the Environ-
mental Protection Agency may not prohibit or restrict an 
activity or use of an area that is authorized under this 
section. 
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102 
SEC. 206. MIGRATORY BIRD TREATY ACT PERMIT. 
The Secretary of the Interior is deemed to have 
issued a special purpose permit under the Migratory Bird 
Treaty Act (16 U.S.C. 703 et seq.), as described in the 
application filed with the United States Fish and Wildlife 
Service for the Keystone XL pipeline on January 11, 
2013. 
SEC. 207. OIL SPILL RESPONSE PLAN DISCLOSURE. 
(a) IN GENERAL.—Any pipeline owner or operator 
required under Federal law to develop an oil spill response 
plan for the Keystone XL pipeline shall make such plan 
available to the Governor of each State in which such pipe-
line operates to assist with emergency response prepared-
ness. 
(b) UPDATES.—A pipeline owner or operator required 
to make available to a Governor a plan under subsection 
(a) shall make available to such Governor any update of 
such plan not later than 7 days after the date on which 
such update is made. 
TITLE III—RADIOLOGICAL 
MATERIAL REPOSITORY 
SEC. 301. RADIOLOGICAL MATERIAL REPOSITORY. 
(a) REPOSITORY REQUIRED.—The Federal Govern-
ment shall site and permit at least one radiological mate-
rial geologic repository for the disposal of radiological ma-
terial. 
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103 
(b) YUCCA MOUNTAIN.— 
(1) IN GENERAL.—The repository site at Yucca 
Mountain shall remain the site for the Nation’s radi-
ological material repository following full statutory 
review of the Department of Energy’s license appli-
cation to construct the Yucca Mountain repository. 
(2) APPLICATION.—The Nuclear Regulatory 
Commission shall continue to review the Department 
of Energy’s pending license application to construct 
the repository at Yucca Mountain until a determina-
tion is made on the merits of the application. 
(c) DEADLINES.— 
(1) SUITABILITY
DETERMINATION.—Not later 
than 90 days after the enactment of this Act, the 
Nuclear Regulatory Commission shall make a deter-
mination regarding the suitability of Yucca Moun-
tain under subsection (a). 
(2) ACTION ON APPLICATION.—Not later than 
180 days after the enactment of this Act, the Nu-
clear Regulatory Commission shall approve the ap-
plication under subsection (b). 
(d) LIMITATIONS
ON AMOUNT
OF RADIOLOGICAL 
MATERIAL.—All statutory limitations on the amount of 
radiological material that can be placed in Yucca Moun-
tain are hereby removed and shall be replaced by the Nu-
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104 
clear Regulatory Commission with new limits based on sci-
entific and technical analysis of the full capacity of Yucca 
Mountain for the storage of radiological material. 
TITLE IV—RELIEF FROM REGU-
LATIONS AND PROHIBITIONS 
THAT 
CAUSE 
ARTIFICIAL 
PRICE INCREASES 
SEC. 401. ENDANGERED SPECIES ACT OF 1973 REFORM. 
The Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) is amended— 
(1) by striking ‘‘best scientific and commercial 
data available’’ each place it appears and inserting 
‘‘best scientific and economic data available at the 
time, including analysis of the costs and benefits of 
the matter under consideration’’; and 
(2) by adding at the end the following: 
‘‘SEC. 19. SCOPE. 
‘‘Nothing in this Act shall be construed to authorize 
the use of this Act or the rules and regulations promul-
gated pursuant to this Act to regulate greenhouse gas 
emissions.’’. 
SEC. 402. REPEAL OF EPA CLIMATE CHANGE REGULATION. 
(a) GREENHOUSE GAS REGULATION UNDER CLEAN 
AIR ACT.—Section 302(g) of the Clean Air Act (42 U.S.C. 
7602(g)) is amended by adding the following at the end 
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105 
thereof: ‘‘The term ‘air pollutant’ does not include carbon 
dioxide, 
water 
vapor, 
methane, 
nitrous 
oxide, 
hydrofluorocarbons, 
perfluorocarbons, 
or 
sulfur 
hexafluoride.’’. 
(b) NO REGULATION OF CLIMATE CHANGE.—Noth-
ing in the Clean Air Act (42 U.S.C. 7401 et seq.), the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), or the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.), shall be treated as authorizing 
or requiring the regulation of climate change or global 
warming. 
SEC. 403. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS 
PURCHASING REQUIREMENT. 
Section 526 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17142) is repealed. 
SEC. 404. REPEAL OF ETHANOL MANDATES. 
Section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o); relating to the Renewable Fuel Program) is re-
pealed. 
TITLE V—REFINERY REFORM 
SEC. 501. REFINERY PERMITTING PROCESS. 
(a) DEFINITIONS.—In this section: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) EXPANSION.—The term ‘‘expansion’’ means 
a physical change that results in an increase in the 
capacity of a refinery. 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(4) PERMIT.—The term ‘‘permit’’ means any 
permit, license, approval, variance, or other form of 
authorization that a refiner is required to obtain— 
(A) under any Federal law; or 
(B) from a State or Indian tribal govern-
ment agency delegated authority by the Federal 
Government, or authorized under Federal law, 
to issue permits. 
(5) REFINER.—The term ‘‘refiner’’ means a 
person that— 
(A) owns or operates a refinery; or 
(B) seeks to become an owner or operator 
of a refinery. 
(6) REFINERY.— 
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(A) IN
GENERAL.—The term ‘‘refinery’’ 
means— 
(i) a facility at which crude oil is re-
fined into transportation fuel or other pe-
troleum products; and 
(ii) a coal liquification or coal-to-liquid 
facility at which coal is processed into syn-
thetic crude oil or any other fuel. 
(B) INCLUSIONS.—The term ‘‘refinery’’ in-
cludes an expansion of a refinery. 
(7) REFINERY PERMITTING AGREEMENT.—The 
term ‘‘refinery permitting agreement’’ means an 
agreement entered into between the Administrator 
and a State or Indian tribe under subsection (b). 
(8) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
and 
(D) any other territory or possession of the 
United States. 
(b) STREAMLINING
OF
REFINERY
PERMITTING 
PROCESS.— 
(1) IN GENERAL.—At the request of the Gov-
ernor of a State or the governing body of an Indian 
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tribe, the Administrator shall enter into a refinery 
permitting agreement with the State or Indian tribe 
under which the process for obtaining all permits 
necessary for the construction and operation of a re-
finery shall be streamlined using a systematic inter-
disciplinary multimedia approach as provided in this 
section. 
(2) AUTHORITY OF ADMINISTRATOR.—Under a 
refinery permitting agreement the Administrator 
shall have authority, as applicable and necessary, 
to— 
(A) accept from a refiner a consolidated 
application for all permits that the refiner is re-
quired to obtain to construct and operate a re-
finery; 
(B) in consultation and cooperation with 
each Federal, State, or Indian tribal govern-
ment agency that is required to make any de-
termination to authorize the issuance of a per-
mit, establish a schedule under which each 
agency shall— 
(i) concurrently consider, to the max-
imum extent practicable, each determina-
tion to be made; and 
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(ii) complete each step in the permit-
ting process; and 
(C) issue a consolidated permit that com-
bines all permits issued under the schedule es-
tablished under subparagraph (B). 
(3) AGREEMENT BY THE STATE.—Under a re-
finery permitting agreement, a State or governing 
body of an Indian tribe shall agree that— 
(A) the Administrator shall have each of 
the authorities described in paragraph (2); and 
(B) each State or Indian tribal government 
agency shall— 
(i) in accordance with State law, make 
such structural and operational changes in 
the agencies as are necessary to enable the 
agencies to carry out consolidated project- 
wide permit reviews concurrently and in 
coordination with the Environmental Pro-
tection Agency and other Federal agencies; 
and 
(ii) comply, to the maximum extent 
practicable, with the applicable schedule 
established under paragraph (2)(B). 
(4) DEADLINES.— 
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(A) NEW REFINERIES.—In the case of a 
consolidated permit for the construction of a 
new refinery, the Administrator and the State 
or governing body of an Indian tribe shall ap-
prove or disapprove the consolidated permit not 
later than— 
(i) 365 days after the date of the re-
ceipt of the administratively complete ap-
plication for the consolidated permit; or 
(ii) on agreement of the applicant, the 
Administrator, and the State or governing 
body of the Indian tribe, 90 days after the 
expiration of the deadline established 
under clause (i). 
(B) EXPANSION
OF
EXISTING
REFIN-
ERIES.—In the case of a consolidated permit 
for the expansion of an existing refinery, the 
Administrator and the State or governing body 
of an Indian tribe shall approve or disapprove 
the consolidated permit not later than— 
(i) 120 days after the date of the re-
ceipt of the administratively complete ap-
plication for the consolidated permit; or 
(ii) on agreement of the applicant, the 
Administrator, and the State or governing 
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body of the Indian tribe, 30 days after the 
expiration of the deadline established 
under clause (i). 
(5) FEDERAL AGENCIES.—Each Federal agency 
that is required to make any determination to au-
thorize the issuance of a permit shall comply with 
the applicable schedule established under paragraph 
(2)(B). 
(6) JUDICIAL REVIEW.—Any civil action for re-
view of any permit determination under a refinery 
permitting agreement shall be brought exclusively in 
the United States district court for the district in 
which the refinery is located or proposed to be lo-
cated. 
(7) EFFICIENT PERMIT REVIEW.—In order to 
reduce the duplication of procedures, the Adminis-
trator shall use State permitting and monitoring 
procedures to satisfy substantially equivalent Fed-
eral requirements under this title. 
(8) SEVERABILITY.—If 1 or more permits that 
are required for the construction or operation of a 
refinery are not approved on or before any deadline 
established under paragraph (4), the Administrator 
may issue a consolidated permit that combines all 
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other permits that the refiner is required to obtain 
other than any permits that are not approved. 
(9) SAVINGS.—Nothing in this subsection af-
fects the operation or implementation of otherwise 
applicable law regarding permits necessary for the 
construction and operation of a refinery. 
(10) CONSULTATION
WITH
LOCAL
GOVERN-
MENTS.—Congress directs the Administrator, States, 
and tribal governments to consult, to the maximum 
extent practicable, with local governments in car-
rying out this subsection. 
(11) EFFECT ON LOCAL AUTHORITY.—Nothing 
in this subsection affects— 
(A) the authority of a local government 
with respect to the issuance of permits; or 
(B) any requirement or ordinance of a 
local government (such as a zoning regulation). 
SEC. 502. EXISTING REFINERY PERMIT APPLICATION DEAD-
LINE. 
Notwithstanding any other provision of law, applica-
tions for a permit for existing refinery applications shall 
not be considered to be timely if submitted after 120 days 
after the date of enactment of this Act. 
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SEC. 503. NEW REFINING CAPACITY ON CLOSED MILITARY 
INSTALLATIONS. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘base closure law’’ means the De-
fense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101–510; 10 
U.S.C. 2687 note) and title II of the Defense Au-
thorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 
2687 note); 
(2) the term ‘‘closed military installation’’ 
means a military installation closed or approved for 
closure pursuant to a base closure law; 
(3) the term ‘‘designated refinery’’ means a re-
finery designated under subsection (b)(1); 
(4) the term ‘‘Federal refinery authorization’’— 
(A) means any authorization required 
under Federal law, whether administered by a 
Federal or State administrative agency or offi-
cial, with respect to siting, construction, expan-
sion, or operation of a refinery; and 
(B) includes any permits, special use au-
thorizations, certifications, opinions, or other 
approvals required under Federal law with re-
spect to siting, construction, expansion, or oper-
ation of a refinery; 
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(5) the term ‘‘refinery’’ means— 
(A) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
and refine crude oil by any chemical or physical 
process, including distillation, fluid catalytic 
cracking, hydrocracking, coking, alkylation, 
etherification, polymerization, catalytic reform-
ing, isomerization, hydrotreating, blending, and 
any combination thereof, in order to produce 
gasoline or other fuel; or 
(B) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
and refine coal by any chemical or physical 
process, including liquefaction, in order to 
produce gasoline, diesel, or other liquid fuel as 
its primary output; 
(6) the term ‘‘Secretary’’ means the Secretary 
of Energy; and 
(7) the term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto 
Rico, and any other territory or possession of the 
United States. 
(b) STATE PARTICIPATION AND PRESIDENTIAL DES-
IGNATION.— 
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(1) DESIGNATION
REQUIREMENT.—Not later 
than 90 days after the date of enactment of this 
Act, the President shall designate no less than 3 
closed military installations, or portions thereof, sub-
ject to paragraph (3)(B), that are appropriate for 
the purposes of siting a refinery. 
(2) ANALYSIS OF REFINERY SITES.—In consid-
ering any site for possible designation under para-
graph (1), the President shall conduct an analysis 
of— 
(A) the availability of crude oil supplies to 
the site, including supplies from domestic pro-
duction of shale oil and tar sands and other 
strategic unconventional fuels; 
(B) the distribution of the Nation’s refined 
petroleum product demand; 
(C) whether such site is in close proximity 
to substantial pipeline infrastructure, including 
both crude oil and refined petroleum product 
pipelines, and potential infrastructure feasi-
bility; 
(D) the need to diversify the geographical 
location of the domestic refining capacity; 
(E) the effect that increased refined petro-
leum products from a refinery on that site may 
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have on the price and supply of gasoline to con-
sumers; 
(F) the impact of locating a refinery on 
the site on the readiness and operations of the 
Armed Forces; and 
(G) such other factors as the President 
considers appropriate. 
(3) SALE OR DISPOSAL.— 
(A) DESIGNATION.—Except as provided in 
subparagraph (B), until the expiration of 2 
years after the date of enactment of this Act, 
the Federal Government shall not sell or other-
wise dispose of the military installations des-
ignated pursuant to paragraph (1). 
(B) GOVERNOR’S
OBJECTION.—No site 
may be used for a refinery under this section if, 
not later than 60 days after designation of the 
site under paragraph (1), the Governor of the 
State in which the site is located transmits to 
the President an objection to the designation, 
unless, not later than 60 days after the Presi-
dent receives such objection, the Congress has 
by law overridden the objection. 
(4) REDEVELOPMENT
AUTHORITY.—With re-
spect to a closed military installation, or portion 
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thereof, designated by the President as a potentially 
suitable refinery site pursuant to paragraph (1)— 
(A) the redevelopment authority for the in-
stallation, in preparing or revising the redevel-
opment plan for the installation, shall consider 
the feasibility and practicability of siting a re-
finery on the installation; and 
(B) the Secretary of Defense, in managing 
and disposing of real property at the installa-
tion pursuant to the base closure law applicable 
to the installation, shall give substantial def-
erence to the recommendations of the redevelop-
ment authority, as contained in the redevelop-
ment plan for the installation, regarding the 
siting of a refinery on the installation. 
(c) PROCESS COORDINATION AND RULES OF PROCE-
DURE.— 
(1) DESIGNATION AS LEAD AGENCY.— 
(A) IN
GENERAL.—The Department of 
Energy shall act as the lead agency for the pur-
poses of coordinating all applicable Federal re-
finery authorizations and related environmental 
reviews with respect to a designated refinery. 
(B) OTHER AGENCIES.—Each Federal and 
State agency or official required to provide a 
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Federal refinery authorization shall cooperate 
with the Secretary and comply with the dead-
lines established by the Secretary. 
(2) SCHEDULE.— 
(A) SECRETARY’S
AUTHORITY
TO
SET 
SCHEDULE.—The Secretary shall establish a 
schedule for all Federal refinery authorizations 
with respect to a designated refinery. In estab-
lishing the schedule, the Secretary shall— 
(i) ensure expeditious completion of 
all such proceedings; and 
(ii) accommodate the applicable sched-
ules established by Federal law for such 
proceedings. 
(B) FAILURE TO MEET SCHEDULE.—If a 
Federal or State administrative agency or offi-
cial does not complete a proceeding for an ap-
proval that is required for a Federal refinery 
authorization in accordance with the schedule 
established by the Secretary under this para-
graph, the applicant may pursue remedies 
under paragraph (4). 
(3) CONSOLIDATED
RECORD.—The Secretary 
shall, with the cooperation of Federal and State ad-
ministrative agencies and officials, maintain a com-
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plete consolidated record of all decisions made or ac-
tions taken by the Secretary or by a Federal admin-
istrative agency or officer (or State administrative 
agency or officer acting under delegated Federal au-
thority) with respect to any Federal refinery author-
ization. Such record shall be the record for judicial 
review under paragraph (4) of decisions made or ac-
tions taken by Federal and State administrative 
agencies and officials, except that, if the Court de-
termines that the record does not contain sufficient 
information, the Court may remand the proceeding 
to the Secretary for further development of the con-
solidated record. 
(4) JUDICIAL REVIEW.— 
(A) IN
GENERAL.—The United States 
Court of Appeals for the District of Columbia 
shall have original and exclusive jurisdiction 
over any civil action for the review of— 
(i) an order or action, related to a 
Federal refinery authorization, by a Fed-
eral or State administrative agency or offi-
cial; and 
(ii) an alleged failure to act by a Fed-
eral or State administrative agency or offi-
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cial acting pursuant to a Federal refinery 
authorization. 
The failure of an agency or official to act on a 
Federal refinery authorization in accordance 
with the Secretary’s schedule established pursu-
ant to paragraph (2) shall be considered incon-
sistent with Federal law for the purposes of 
subparagraph (B) of this paragraph. 
(B) COURT ACTION.—If the Court finds 
that an order or action described in subpara-
graph (A)(i) is inconsistent with the Federal 
law governing such Federal refinery authoriza-
tion, or that a failure to act as described in 
subparagraph (A)(ii) has occurred, and the 
order, action, or failure to act would prevent 
the siting, construction, expansion, or operation 
of the designated refinery, the Court shall re-
mand the proceeding to the agency or official to 
take appropriate action consistent with the 
order of the Court. If the Court remands the 
order, action, or failure to act to the Federal or 
State administrative agency or official, the 
Court shall set a reasonable schedule and dead-
line for the agency or official to act on remand. 
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(C) SECRETARY’S ACTION.—For any civil 
action brought under this paragraph, the Sec-
retary shall promptly file with the Court the 
consolidated record compiled by the Secretary 
pursuant to paragraph (3). 
(D) 
EXPEDITED
REVIEW.—The 
Court 
shall set any civil action brought under this 
paragraph for expedited consideration. 
(E) ATTORNEY’S
FEES.—In any action 
challenging a Federal refinery authorization 
that has been granted, reasonable attorney’s 
fees and other expenses of litigation shall be 
awarded to the prevailing party. This subpara-
graph shall not apply to any action seeking 
remedies for denial of a Federal refinery au-
thorization or failure to act on an application 
for a Federal refinery authorization. 
TITLE VI—REPEAL OF ENERGY 
TAX SUBSIDIES 
SEC. 600. AMENDMENT OF 1986 CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
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section or other provision of the Internal Revenue Code 
of 1986. 
SEC. 601. CORPORATE AND INDIVIDUAL INCOME TAX 
RATES REDUCED. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of the 
Treasury shall prescribe rates of tax in accordance with 
subsection (b) so that such rates as the Secretary esti-
mates would result in— 
(1) a decrease in revenue to the Treasury for 
taxable years beginning during the 10-year period 
beginning on the date of the enactment of this Act, 
equal to 
(2) the increase in revenue for such taxable 
years by reason of the amendments made by title I 
of this Act. 
(b) PRESCRIBED RATES IN LIEU OF STATUTORY 
RATES.—For purposes of determining the decrease in rev-
enues under subsection (a)(1)— 
(1) CORPORATE INCOME TAX RATE.—In deter-
mining a flat rate of tax in lieu of the rates of tax 
under paragraphs (1) and (2) of section 11(b), sec-
tion 1201(a), and paragraphs (1), (2), and (6) of 
section 1445(e) of the Internal Revenue Code of 
1986, the Secretary shall take into account one-half 
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of the revenue increase described in subsection 
(a)(2). 
(2) INDIVIDUAL
PERCENT
INCOME
TAX 
RATE.—In determining a rate of tax in lieu of the 
10 percent rate under section 1(i) of the Internal 
Revenue Code of 1986, the Secretary shall take into 
account one-half of the revenue increase described in 
subsection (a)(2). 
(c) EFFECTIVE DATE.—The rates of tax prescribed 
by the Secretary under subsection (a) shall apply to tax-
able years beginning more than 1 year after the date of 
the enactment of this Act. 
SEC. 602. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIO-
DIESEL, AND ALTERNATIVE FUEL MIXTURES. 
(a) IN GENERAL.—Section 6426 is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) Subparagraph (D) of section 6427(e)(6) is 
amended by striking ‘‘September 30, 2014’’ and in-
serting ‘‘December 31, 2013’’. 
(2) Paragraph (1) of section 4101(a) is amend-
ed by striking ‘‘or alcohol (as defined in section 
6426(b)(4)(A)’’. 
(3) Paragraph (2) of section 4104(a) is amend-
ed by striking ‘‘6426, or 6427(e)’’. 
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(4) Subparagraph (E) of section 7704(d)(1) is 
amended— 
(A) by inserting ‘‘(as in effect on the day 
before the date of the enactment of the Energy 
Exploration and Production to Achieve National 
Demand Act)’’ after ‘‘of section 6426’’, and 
(B) by inserting ‘‘(as so in effect)’’ after 
‘‘section 6426(b)(4)(A)’’. 
(5) Paragraph (1) of section 9503(b) is amend-
ed by striking the second sentence. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subchapter B of chapter 65 is amended by striking 
the item relating to section 6426. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to fuel sold and used 
after December 31, 2014. 
SEC. 603. REPEAL OF CREDIT FOR CERTAIN PLUG-IN ELEC-
TRIC VEHICLES. 
(a) IN GENERAL.—Section 30 is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) Paragraph (3) of section 24(b) is amended 
by striking ‘‘, 30’’. 
(2) Clause (ii) of section 25(e)(1)(C) is amend-
ed by striking ‘‘, 30’’. 
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(3) Paragraph (2) of section 25B(g) is amended 
by striking ‘‘, 30’’. 
(4) Paragraph (1) of section 26(a) is amended 
by striking ‘‘, 30’’. 
(5) Subclause (VI) of section 48C(c)(1)(A)(i) is 
amended by inserting ‘‘(as in effect on the day be-
fore the date of the enactment of the Energy Explo-
ration and Production to Achieve National Demand 
Act)’’ after ‘‘section 30(d)’’. 
(6) Paragraph (3) of section 179A(c) is amend-
ed by inserting ‘‘(as in effect on the day before the 
date of the enactment of the Energy Exploration 
and Production to Achieve National Demand Act)’’ 
after section ‘‘30(c)’’. 
(7) Subsection (a) of section 1016 is amended 
by striking paragraph (25) and by redesignating 
paragraphs (26) through (37) as paragraphs (25) 
through (36), respectively. 
(8) Subsection (m) of section 6501 is amended 
by striking ‘‘30(e)(6)’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart B of part IV of subchapter A of chapter 1 
is amended by striking the item relating to section 30. 
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(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to vehicles acquired after Decem-
ber 31, 2011. 
SEC. 604. EARLY TERMINATION OF CREDIT FOR QUALIFIED 
FUEL CELL MOTOR VEHICLES. 
(a) IN GENERAL.—Section 30B is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) Subparagraph (A) of section 24(b)(3) is 
amended by striking ‘‘, 30B’’. 
(2) Clause (ii) of section 25(e)(1)(C) is amend-
ed by striking ‘‘, 30B’’. 
(3) Paragraph (2) of section 25B(g) is amended 
by striking ‘‘, 30B,’’. 
(4) Paragraph (1) of section 26(a) is amended 
by striking ‘‘, 30B’’. 
(5) Subsection (b) of section 38 is amended by 
striking paragraph (25). 
(6) Subsection (a) of section 1016, as amended 
by section 602 of this Act, is amended by striking 
paragraph (33) and by redesignating paragraphs 
(34), (35), and (36) as paragraphs (33), (34), and 
(35), respectively. 
(7) Paragraph (2) of section 1400C(d) is 
amended by striking ‘‘, 30B’’. 
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(8) Subsection (m) of section 6501 is amended 
by striking ‘‘, 30B(h)(9)’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart B of part IV of subchapter A of chapter 1 
is amended by striking the item relating to section 30B. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2014. 
SEC. 605. REPEAL OF ALTERNATIVE FUEL VEHICLE RE-
FUELING PROPERTY CREDIT. 
(a) IN GENERAL.—Section 30C is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) Subsection (b) of section 38 is amended by 
striking paragraph (26). 
(2) Paragraph (3) of section 55(c) is amended 
by striking ‘‘, 30C(d)(2),’’. 
(3) Subsection (a) of section 1016, as amended 
by sections 602 and 603 of this Act, is amended by 
striking paragraph (33) and by redesignating para-
graphs (34) and (35) as paragraphs (33) and (34), 
respectively. 
(4) Subsection (m) of section 6501 is amended 
by striking ‘‘, 30C(e)(5)’’. 
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(c) CLERICAL AMENDMENT.—The table of sections 
for subpart B of part IV of subchapter A of chapter 1 
is amended by striking the item relating to section 30C. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2014. 
SEC. 606. REPEAL OF CREDIT FOR ALCOHOL USED AS 
FUEL. 
(a) IN GENERAL.—Section 40 is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) Subsection (b) of section 38 is amended by 
striking paragraph (3). 
(2) Subsection (c) of section 196 is amended by 
striking paragraph (3) and by redesignating para-
graphs (4) through (14) as paragraphs (3) through 
(13), respectively. 
(3) Paragraph (1) of section 4101(a) is amend-
ed by striking ‘‘, and every person producing cellu-
losic biofuel (as defined in section 40(b)(6)(E))’’. 
(4) Paragraph (1) of section 4104(a) is amend-
ed by striking ‘‘, 40’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fuel sold or used after December 
31, 2014. 
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SEC. 607. REPEAL OF CREDIT FOR BIODIESEL AND RENEW-
ABLE DIESEL USED AS FUEL. 
(a) IN GENERAL.—Section 40A is repealed. 
(b) CONFORMING AMENDMENT.— 
(1) Subsection (b) of section 38 is amended by 
striking paragraph (17). 
(2) Section 87 is repealed. 
(3) Subsection (c) of section 196, as amended 
by section 606 of this Act, is amended by striking 
paragraph (11) and by redesignating paragraphs 
(11), (12), and (13) as paragraphs (10), (11), and 
(12), respectively. 
(4) Paragraph (1) of section 4101(a) is amend-
ed by striking ‘‘, every person producing or import-
ing biodiesel (as defined in section 40A(d)(1)’’. 
(5) Paragraph (1) of section 4104(a) is amend-
ed by striking ‘‘, and 40A’’. 
(6) Subparagraph (E) of section 7704(d)(1) is 
amended by inserting ‘‘(as so in effect)’’ after ‘‘sec-
tion 40A(d)(1)’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
is amended by striking the item relating to section 40A. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fuel produced, and sold or used, 
after December 31, 2014. 
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SEC. 608. REPEAL OF ENHANCED OIL RECOVERY CREDIT. 
(a) IN GENERAL.—Section 43 is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) Subsection (b) of section 38 is amended by 
striking paragraph (6). 
(2) Paragraph (4) of section 45Q(d) is amended 
by inserting ‘‘(as in effect on the day before the date 
of the enactment of the Energy Exploration and 
Production to Achieve National Demand Act)’’ after 
‘‘section 43(c)(2)’’. 
(3) Subsection (c) of section 196, as amended 
by sections 606 and 607 of this Act, is amended by 
striking paragraph (5) and by redesignating para-
graphs (6) through (12) as paragraphs (5) through 
(11), respectively. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
is amended by striking the item relating to section 43. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to costs paid or incurred in taxable 
years beginning after December 31, 2014. 
SEC. 609. TERMINATION OF CREDIT FOR ELECTRICITY 
PRODUCED FROM CERTAIN RENEWABLE RE-
SOURCES. 
(a) IN GENERAL.—Section 45 is repealed. 
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(b) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
is amended by striking the item relating to section 45. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2014. 
SEC. 610. REPEAL OF CREDIT FOR PRODUCING OIL AND 
GAS FROM MARGINAL WELLS. 
(a) IN GENERAL.—Section 45I is repealed. 
(b) CONFORMING AMENDMENT.—Subsection (b) of 
section 38 is amended by striking paragraph (19). 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
is amended by striking the item relating to section 45I. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to production in taxable years be-
ginning after December 31, 2014. 
SEC. 611. TERMINATION OF CREDIT FOR PRODUCTION 
FROM ADVANCED NUCLEAR POWER FACILI-
TIES. 
(a) IN GENERAL.—Subparagraph (B) of section 
45J(d)(1) is amended by striking ‘‘January 1, 2021’’ and 
inserting ‘‘January 1, 2015’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2014. 
SEC. 612. REPEAL OF CREDIT FOR CARBON DIOXIDE SE-
QUESTRATION. 
(a) IN GENERAL.—Section 45Q is repealed. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to carbon dioxide captured after 
December 31, 2014. 
SEC. 613. TERMINATION OF ENERGY CREDIT. 
(a) IN GENERAL.—Section 48 is amended— 
(1) by striking ‘‘January 1, 2017’’ each place 
it appears and inserting ‘‘January 1, 2015’’, and 
(2) by striking ‘‘December 31, 2016’’ each 
place it appears and inserting ‘‘December 31, 
2014’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2014. 
SEC. 614. REPEAL OF QUALIFYING ADVANCED COAL 
PROJECT. 
(a) IN GENERAL.—Section 48A is repealed. 
(b) CONFORMING
AMENDMENT.—Section 46 is 
amended by striking paragraph (3) and by redesignating 
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paragraphs (4), (5), and (6) as paragraphs (3), (4), and 
(5), respectively. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart E of part IV of subchapter A of chapter 1 
is amended by striking the item relating to section 48A. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2014. 
SEC. 615. REPEAL OF QUALIFYING GASIFICATION PROJECT 
CREDIT. 
(a) IN GENERAL.—Section 48B is repealed. 
(b) CONFORMING
AMENDMENT.—Section 46, as 
amended by section 614, is amended by striking para-
graph (3) and by redesignating paragraphs (4) and (5) 
as paragraphs (3) and (4), respectively. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart E of part IV of subchapter A of chapter 1 
is amended by striking the item relating to section 48B. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2014. 
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SEC. 616. REPEAL OF AMERICAN RECOVERY AND REIN-
VESTMENT ACT OF 2009 ENERGY GRANT PRO-
GRAM. 
(a) IN GENERAL.—Section 1603 of division B of the 
American Recovery and Reinvestment Act of 2009 is re-
pealed. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to property placed in service after 
December 31, 2014. 
SEC. 617. ELECTION TO EXPENSE PROPERTY USED IN THE 
PRODUCTION OF ENERGY. 
(a) IN GENERAL.—Part VI of subchapter B of chap-
ter 1 is amended by inserting after section 179E the fol-
lowing new section: 
‘‘SEC. 179F. ELECTION TO EXPENSE PROPERTY USED IN 
THE PRODUCTION OF ENERGY. 
‘‘(a) TREATMENT AS EXPENSES.—A taxpayer may 
elect to treat the cost of any property used in the produc-
tion of energy as an expense which is not chargeable to 
capital account. Any cost so treated shall be allowed as 
a deduction for the taxable year in which the property is 
placed in service. 
‘‘(b) ELECTION.— 
‘‘(1) IN GENERAL.—An election under this sec-
tion for any taxable year shall be made on the tax-
payer’s return of the tax imposed by this chapter for 
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the taxable year. Such election shall specify the 
property to which the election applies and shall be 
made in such manner as the Secretary may by regu-
lations prescribe. 
‘‘(2) ELECTION
IRREVOCABLE.—Any election 
made under this section may not be revoked except 
with the consent of the Secretary. 
‘‘(c) PROPERTY USED IN THE PRODUCTION OF EN-
ERGY.—For purposes of this section, the term ‘property 
used in the production of energy’ means property— 
‘‘(1) used in the production of energy, 
‘‘(2) the original use of which commences with 
the taxpayer, and 
‘‘(3) which is placed in service by the taxpayer 
after the date of the enactment of this section. 
‘‘(d) COORDINATION.—No expenditures shall be 
taken into account under subsection (a) with respect to 
the portion of the cost of any property taken into account 
in determining a credit or deduction under any other sec-
tion of this chapter. 
‘‘(e) BASIS REDUCTION.—For purposes of this sub-
title, if a deduction is allowed under this section with re-
spect to any property, the basis of such property shall be 
reduced by the amount of the deduction so allowed. 
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‘‘(f) REPORTING.—No deduction shall be allowed 
under subsection (a) to any taxpayer for any taxable year 
unless such taxpayer files with the Secretary a report con-
taining such information with respect to the operation of 
the mines of the taxpayer as the Secretary shall require.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 1016(a) is amended by striking 
‘‘and’’ at the end of paragraph (36), by striking the 
period at the end of paragraph (37) and inserting ‘‘, 
and’’, and by adding at the end the following new 
paragraph: 
‘‘(38) to the extent provided in section 
179F(e).’’. 
(2) Section 263(a)(1) of the Internal Revenue 
Code of 1986 (relating to capital expenditures) is 
amended by striking ‘‘or’’ at the end of subpara-
graph (K), by striking the period at the end of para-
graph (L) and inserting ‘‘, or’’, and by adding at the 
end the following new subparagraph: 
‘‘(M) expenditures for which a deduction is 
allowed under section 179F.’’. 
(3) Section 1245(a) of such Code is amended 
by inserting ‘‘179F,’’ after ‘‘179E,’’ both places it 
appears in paragraphs (2)(C) and (3)(C). 
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(4) The table of sections for part VI of sub-
chapter B of chapter 1 of such Code is amended by 
inserting after the item relating to section 179E the 
following new item: 
‘‘Sec. 179F. Election to expense property used in the production of energy.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2014. 
TITLE VII—REGULATORY 
RELIEF 
SEC. 701. LEGISLATIVE STAY. 
(a) ESTABLISHMENT OF STANDARDS.—In place of 
the rules specified in subsection (b), and notwithstanding 
the date by which such rules would otherwise be required 
to be promulgated, the Administrator of the Environ-
mental Protection Agency (in this title referred to as the 
‘‘Administrator’’) shall— 
(1) propose regulations for industrial, commer-
cial, and institutional boilers and process heaters, 
and commercial and industrial solid waste inciner-
ator units, subject to any of the rules specified in 
subsection (b)— 
(A) establishing maximum achievable con-
trol technology standards, performance stand-
ards, and other requirements under sections 
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112 and 129, as applicable, of the Clean Air 
Act (42 U.S.C. 7412, 7429); and 
(B) identifying non-hazardous secondary 
materials that, when used as fuels or ingredi-
ents in combustion units of such boilers, proc-
ess heaters, or incinerator units are solid waste 
under the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.; commonly referred to as the ‘‘Re-
source Conservation and Recovery Act’’) for 
purposes of determining the extent to which 
such combustion units are required to meet the 
emissions standards under section 112 of the 
Clean Air Act (42 U.S.C. 7412) or the emission 
standards under section 129 of such Act (42 
U.S.C. 7429); and 
(2) finalize the regulations on the date that is 
15 months after the date of the enactment of this 
Act. 
(b) STAY OF EARLIER RULES.—The following rules 
are of no force or effect, shall be treated as though such 
rules had never taken effect, and shall be replaced as de-
scribed in subsection (a): 
(1) ‘‘National Emission Standards for Haz-
ardous Air Pollutants for Major Sources: Industrial, 
Commercial, and Institutional Boilers and Process 
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Heaters’’, published at 76 Fed. Reg. 15608 (March 
21, 2011). 
(2) ‘‘National Emission Standards for Haz-
ardous Air Pollutants for Area Sources: Industrial, 
Commercial, and Institutional Boilers’’, published at 
76 Fed. Reg. 15554 (March 21, 2011). 
(3) ‘‘Standards of Performance for New Sta-
tionary Sources and Emission Guidelines for Exist-
ing Sources: Commercial and Industrial Solid Waste 
Incineration Units’’, published at 76 Fed. Reg. 
15704 (March 21, 2011). 
(4) ‘‘Identification of Non-Hazardous Sec-
ondary Materials That Are Solid Waste’’, published 
at 76 Fed. Reg. 15456 (March 21, 2011). 
(c) INAPPLICABILITY
OF CERTAIN PROVISIONS.— 
With respect to any standard required by subsection (a) 
to be promulgated in regulations under section 112 of the 
Clean Air Act (42 U.S.C. 7412), the provisions of sub-
sections (g)(2) and (j) of such section 112 shall not apply 
prior to the effective date of the standard specified in such 
regulations. 
SEC. 702. COMPLIANCE DATES. 
(a) ESTABLISHMENT OF COMPLIANCE DATES.—For 
each regulation promulgated pursuant to section 701, the 
Administrator— 
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(1) shall establish a date for compliance with 
standards and requirements under such regulation 
that is, notwithstanding any other provision of law, 
not earlier than 5 years after the effective date of 
the regulation; and 
(2) in proposing a date for such compliance, 
shall take into consideration— 
(A) the costs of achieving emissions reduc-
tions; 
(B) any non-air quality health and environ-
mental impact and energy requirements of the 
standards and requirements; 
(C) the feasibility of implementing the 
standards and requirements, including the time 
needed to— 
(i) obtain necessary permit approvals; 
and 
(ii) procure, install, and test control 
equipment; 
(D) the availability of equipment, sup-
pliers, and labor, given the requirements of the 
regulation and other proposed or finalized regu-
lations of the Environmental Protection Agency; 
and 
(E) potential net employment impacts. 
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(b) NEW SOURCES.—The date on which the Adminis-
trator proposes a regulation pursuant to section 701(a)(1) 
establishing an emission standard under section 112 or 
129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall 
be treated as the date on which the Administrator first 
proposes such a regulation for purposes of applying the 
definition of a new source under section 112(a)(4) of such 
Act (42 U.S.C. 7412(a)(4)) or the definition of a new solid 
waste incineration unit under section 129(g)(2) of such 
Act (42 U.S.C. 7429(g)(2)). 
(c) RULE OF CONSTRUCTION.—Nothing in this title 
shall be construed to restrict or otherwise affect the provi-
sions of paragraphs (3)(B) and (4) of section 112(i) of 
the Clean Air Act (42 U.S.C. 7412(i)). 
SEC. 703. ENERGY RECOVERY AND CONSERVATION. 
Notwithstanding any other provision of law, and to 
ensure the recovery and conservation of energy consistent 
with the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.; commonly referred to as the ‘‘Resource Conservation 
and Recovery Act’’), in promulgating rules under section 
701(a) addressing the subject matter of the rules specified 
in paragraphs (3) and (4) of section 701(b), the Adminis-
trator— 
(1) shall adopt the definitions of the terms 
‘‘commercial and industrial solid waste incineration 
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unit’’, ‘‘commercial and industrial waste’’, and ‘‘con-
tained gaseous material’’ in the rule entitled ‘‘Stand-
ards of Performance for New Stationary Sources 
and Emission Guidelines for Existing Sources: Com-
mercial and Industrial Solid Waste Incineration 
Units’’, published at 65 Fed. Reg. 75338 (December 
1, 2000); and 
(2) shall identify non-hazardous secondary ma-
terial to be solid waste only if— 
(A) the material meets such definition of 
commercial and industrial waste; or 
(B) if the material is a gas, it meets such 
definition of contained gaseous material. 
SEC. 704. OTHER PROVISIONS. 
(a) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN 
PRACTICE.—In promulgating rules under section 701(a), 
the Administrator shall ensure that emissions standards 
for existing and new sources established under section 112 
or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as 
applicable, can be met under actual operating conditions 
consistently and concurrently with emission standards for 
all other air pollutants regulated by the rule for the source 
category, taking into account variability in actual source 
performance, source design, fuels, inputs, controls, ability 
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to measure the pollutant emissions, and operating condi-
tions. 
(b) REGULATORY ALTERNATIVES.—For each regula-
tion promulgated pursuant to section 701(a), from among 
the range of regulatory alternatives authorized under the 
Clean Air Act (42 U.S.C. 7401 et seq.) including work 
practice standards under section 112(h) of such Act (42 
U.S.C. 7412(h)), the Administrator shall impose the least 
burdensome, consistent with the purposes of such Act and 
Executive Order No. 13563 published at 76 Fed. Reg. 
3821 (January 21, 2011). 
SEC. 705. MANAGEMENT AND DISPOSAL OF COAL COMBUS-
TION RESIDUALS. 
(a) AMENDMENT TO SUBTITLE D OF THE SOLID 
WASTE DISPOSAL ACT.—Subtitle D of the Solid Waste 
Disposal Act (42 U.S.C. 6941 et seq.) is amended by add-
ing at the end the following new section: 
‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM-
BUSTION RESIDUALS. 
‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS-
TION RESIDUALS.—Each State may adopt and implement 
a coal combustion residuals permit program. 
‘‘(b) STATE ACTIONS.— 
‘‘(1) NOTIFICATION.—Not later than 6 months 
after the date of enactment of this section (except 
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as provided by the deadline identified under sub-
section (d)(2)(B)), the Governor of each State shall 
notify the Administrator, in writing, whether such 
State will adopt and implement a coal combustion 
residuals permit program. 
‘‘(2) CERTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 36 
months after the date of enactment of this sec-
tion (except as provided in subsections (f)(1)(A) 
and (f)(1)(C)), in the case of a State that has 
notified the Administrator that it will imple-
ment a coal combustion residuals permit pro-
gram, the head of the lead State agency respon-
sible for implementing the coal combustion re-
siduals permit program shall submit to the Ad-
ministrator a certification that such coal com-
bustion residuals permit program meets the 
specifications described in subsection (c)(1). 
‘‘(B) CONTENTS.—A certification sub-
mitted under this paragraph shall include— 
‘‘(i) a letter identifying the lead State 
agency responsible for implementing the 
coal combustion residuals permit program, 
signed by the head of such agency; 
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‘‘(ii) identification of any other State 
agencies involved with the implementation 
of the coal combustion residuals permit 
program; 
‘‘(iii) a narrative description that pro-
vides an explanation of how the State will 
ensure that the coal combustion residuals 
permit program meets the requirements of 
this section, including a description of the 
State’s— 
‘‘(I) process to inspect or other-
wise determine compliance with such 
permit program; 
‘‘(II) process to enforce the re-
quirements of such permit program; 
and 
‘‘(III) public participation proc-
ess for the promulgation, amendment, 
or repeal of regulations for, and the 
issuance of permits under, such per-
mit program; 
‘‘(iv) a legal certification that the 
State has, at the time of certification, fully 
effective statutes or regulations necessary 
to implement a coal combustion residuals 
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permit program that meets the specifica-
tions described in subsection (c)(1); and 
‘‘(v) copies of State statutes and regu-
lations described in clause (iv). 
‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO-
GRAM.—In order to adopt or implement a coal com-
bustion residuals permit program under this section 
(including pursuant to subsection (f)), the State 
agency responsible for implementing a coal combus-
tion residuals permit program in a State shall main-
tain an approved program under section 4005(c) or 
an authorized program under section 3006. 
‘‘(c) PERMIT PROGRAM SPECIFICATIONS.— 
‘‘(1) MINIMUM REQUIREMENTS.—The specifica-
tions described in this subsection for a coal combus-
tion residuals permit program are as follows: 
‘‘(A) The revised criteria described in 
paragraph (2) shall apply to a coal combustion 
residuals permit program, except as provided in 
paragraph (3). 
‘‘(B) Each structure shall be, in accord-
ance with generally accepted engineering stand-
ards for the structural integrity of such struc-
tures, designed, constructed, and maintained to 
provide for containment of the maximum vol-
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umes of coal combustion residuals appropriate 
for the structure. If a structure is determined 
by the head of the agency responsible for imple-
menting the coal combustion residuals permit 
program to be deficient, the head of such agen-
cy has authority to require action to correct the 
deficiency according to a schedule determined 
by such agency. If the identified deficiency is 
not corrected according to such schedule, the 
head of such agency has authority to require 
that the structure close in accordance with sub-
section (h). 
‘‘(C) The coal combustion residuals permit 
program shall apply the revised criteria promul-
gated pursuant to section 4010(c) for location, 
design, groundwater monitoring, corrective ac-
tion, financial assurance, closure, and post-clo-
sure described in paragraph (2) and the speci-
fications described in this paragraph to surface 
impoundments. 
‘‘(D) If a structure that is classified as 
posing a high hazard potential pursuant to the 
guidelines published by the Federal Emergency 
Management Agency entitled ‘Federal Guide-
lines for Dam Safety: Hazard Potential Classi-
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fication System for Dams’ (FEMA Publication 
Number 333) is determined by the head of the 
agency responsible for implementing the coal 
combustion residuals permit program to be defi-
cient with respect to the structural integrity re-
quirement in subparagraph (B), the head of 
such agency has authority to require action to 
correct the deficiency according to a schedule 
determined by such agency. If the identified de-
ficiency is not corrected according to such 
schedule, the head of such agency has authority 
to require that the structure close in accordance 
with subsection (h). 
‘‘(E) New structures that first receive coal 
combustion residuals after the date of enact-
ment of this section shall be constructed with a 
base located a minimum of two feet above the 
upper limit of the natural water table. 
‘‘(F) In the case of a coal combustion re-
siduals permit program implemented by a 
State, the State has the authority to inspect 
structures and implement and enforce such per-
mit program. 
‘‘(G) In the case of a coal combustion re-
siduals permit program implemented by a 
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State, the State has the authority to address 
wind dispersal of dust from coal combustion re-
siduals by requiring dust control measures, as 
determined appropriate by the head of the lead 
State agency responsible for implementing the 
coal combustion residuals permit program. 
‘‘(2) REVISED CRITERIA.—The revised criteria 
described in this paragraph are— 
‘‘(A) the revised criteria for design, 
groundwater monitoring, corrective action, clo-
sure, and post-closure, for structures, includ-
ing— 
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first 
receive coal combustion residuals after the 
date of enactment of this section, the re-
vised criteria regarding design require-
ments described in section 258.40 of title 
40, Code of Federal Regulations; and 
‘‘(ii) for all structures that receive 
coal combustion residuals after the date of 
enactment of this section, the revised cri-
teria regarding groundwater monitoring 
and corrective action requirements de-
scribed in subpart E of part 258 of title 
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40, Code of Federal Regulations, except 
that, for the purposes of this paragraph, 
such revised criteria shall also include— 
‘‘(I) for the purposes of detection 
monitoring, the constituents boron, 
chloride, conductivity, fluoride, mer-
cury, pH, sulfate, sulfide, and total 
dissolved solids; and 
‘‘(II) for the purposes of assess-
ment monitoring, the constituents alu-
minum, boron, chloride, fluoride, iron, 
manganese, molybdenum, pH, sulfate, 
and total dissolved solids; 
‘‘(B) the revised criteria for location re-
strictions described in— 
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first 
receive coal combustion residuals after the 
date of enactment of this section, sections 
258.11 through 258.15 of title 40, Code of 
Federal Regulations; and 
‘‘(ii) for existing structures that re-
ceive coal combustion residuals after the 
date of enactment of this section, sections 
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258.11 and 258.15 of title 40, Code of 
Federal Regulations; 
‘‘(C) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for air 
quality described in section 258.24 of title 40, 
Code of Federal Regulations; 
‘‘(D) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for fi-
nancial assurance described in subpart G of 
part 258 of title 40, Code of Federal Regula-
tions; 
‘‘(E) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for sur-
face water described in section 258.27 of title 
40, Code of Federal Regulations; 
‘‘(F) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for rec-
ordkeeping described in section 258.29 of title 
40, Code of Federal Regulations; 
‘‘(G) for landfills and other land-based 
units, other than surface impoundments, that 
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receive coal combustion residuals after the date 
of enactment of this section, the revised criteria 
for run-on and run-off control systems de-
scribed in section 258.26 of title 40, Code of 
Federal Regulations; and 
‘‘(H) for surface impoundments that re-
ceive coal combustion residuals after the date of 
enactment of this section, the revised criteria 
for run-off control systems described in section 
258.26(a)(2) of title 40, Code of Federal Regu-
lations. 
‘‘(3) APPLICABILITY
OF
CERTAIN
REQUIRE-
MENTS.—A State may determine that one or more 
of the requirements of the revised criteria described 
in paragraph (2) is not needed for the management 
of coal combustion residuals in that State, and may 
decline to apply such requirement as part of its coal 
combustion residuals permit program. If a State de-
clines to apply a requirement under this paragraph, 
the State shall include in the certification under sub-
section (b)(2) a description of such requirement and 
the reasons such requirement is not needed in the 
State. If the Administrator determines that a State 
determination under this paragraph does not accu-
rately reflect the needs for the management of coal 
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combustion residuals in the State, the Administrator 
may treat such State determination as a deficiency 
under subsection (d). 
‘‘(d) WRITTEN NOTICE AND OPPORTUNITY TO REM-
EDY.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
provide to a State written notice and an opportunity 
to remedy deficiencies in accordance with paragraph 
(2) if at any time the State— 
‘‘(A) does not satisfy the notification re-
quirement under subsection (b)(1); 
‘‘(B) has not submitted a certification 
under subsection (b)(2); 
‘‘(C) does not satisfy the maintenance re-
quirement under subsection (b)(3); or 
‘‘(D) is not implementing a coal combus-
tion residuals permit program that meets the 
specifications described in subsection (c)(1). 
‘‘(2) CONTENTS OF NOTICE; DEADLINE FOR RE-
SPONSE.—A notice provided under this subsection 
shall— 
‘‘(A) include findings of the Administrator 
detailing any applicable deficiencies in— 
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‘‘(i) compliance by the State with the 
notification requirement under subsection 
(b)(1); 
‘‘(ii) compliance by the State with the 
certification requirement under subsection 
(b)(2); 
‘‘(iii) compliance by the State with the 
maintenance requirement under subsection 
(b)(3); and 
‘‘(iv) the State coal combustion re-
siduals permit program in meeting the 
specifications 
described 
in 
subsection 
(c)(1); and 
‘‘(B) identify, in collaboration with the 
State, a reasonable deadline, which shall be not 
sooner than 6 months after the State receives 
the notice, by which the State shall remedy the 
deficiencies detailed under subparagraph (A). 
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
implement a coal combustion residuals permit pro-
gram for a State only in the following cir-
cumstances: 
‘‘(A) If the Governor of such State notifies 
the Administrator under subsection (b)(1) that 
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such State will not adopt and implement such 
a permit program. 
‘‘(B) If such State has received a notice 
under subsection (d) and, after any review 
brought by the State under section 7006, fails, 
by the deadline identified in such notice under 
subsection (d)(2)(B), to remedy the deficiencies 
detailed in such notice under subsection 
(d)(2)(A). 
‘‘(C) If such State informs the Adminis-
trator, in writing, that such State will no longer 
implement such a permit program. 
‘‘(2) REQUIREMENTS.—If the Administrator 
implements a coal combustion residuals permit pro-
gram for a State under paragraph (1), such permit 
program shall consist of the specifications described 
in subsection (c)(1). 
‘‘(3) ENFORCEMENT.—If the Administrator im-
plements a coal combustion residuals permit pro-
gram for a State under paragraph (1), the authori-
ties referred to in section 4005(c)(2)(A) shall apply 
with respect to coal combustion residuals and struc-
tures and the Administrator may use such authori-
ties to inspect, gather information, and enforce the 
requirements of this section in the State. 
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‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY 
ADMINISTRATOR.— 
‘‘(1) STATE CONTROL.— 
‘‘(A) NEW ADOPTION AND IMPLEMENTA-
TION BY STATE.—For a State for which the 
Administrator is implementing a coal combus-
tion residuals permit program under subsection 
(e)(1)(A), the State may adopt and implement 
such a permit program by— 
‘‘(i) notifying the Administrator that 
the State will adopt and implement such a 
permit program; 
‘‘(ii) not later than 6 months after the 
date of such notification, submitting to the 
Administrator a certification under sub-
section (b)(2); and 
‘‘(iii) receiving from the Adminis-
trator— 
‘‘(I) a determination that the 
State coal combustion residuals per-
mit program meets the specifications 
described in subsection (c)(1); and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
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‘‘(B) REMEDYING DEFICIENT PERMIT PRO-
GRAM.—For a State for which the Adminis-
trator is implementing a coal combustion re-
siduals 
permit 
program 
under 
subsection 
(e)(1)(B), the State may adopt and implement 
such a permit program by— 
‘‘(i) remedying the deficiencies de-
tailed in the notice provided under sub-
section (d)(2)(A); and 
‘‘(ii) receiving from the Adminis-
trator— 
‘‘(I) a determination that the de-
ficiencies detailed in such notice have 
been remedied; and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
‘‘(C) RESUMPTION
OF
IMPLEMENTATION 
BY STATE.—For a State for which the Adminis-
trator is implementing a coal combustion re-
siduals 
permit 
program 
under 
subsection 
(e)(1)(C), the State may adopt and implement 
such a permit program by— 
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