HR 6860 IH1S 
for the lease and all direct expenditures 
made by the lessee after the date of 
issuance of such lease and in connection 
with exploration or development, or both, 
pursuant to the lease (plus interest on 
such consideration and such expenditures 
from date of payment to date of reimburse-
ment), 
except that with respect to leases issued before 
September 18, 1978, such compensation shall 
be equal to the amount specified in subclause 
(I) of this clause, and that in the case of joint 
leases which are canceled due to the failure of 
one or more partners to exercise due diligence, 
the innocent parties shall have the right to seek 
damages for such loss from the responsible 
party or parties and the right to acquire the in-
terests of the negligent party or parties and be 
issued the lease in question. 
‘‘(5) The term of a lease shall be extended by the 
period of each suspension of the lease under paragraph 
(1). 
‘‘(6) The maximum period of time a lease may be 
suspended by request under paragraph (1)(B) is 2 years 
for each 5-year period of the original term of the lease. 
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS
HR 6860 IH1S 
‘‘(7) In this subsection the term ‘significantly dam-
age’ means— 
‘‘(A) destroy 5 percent or more of fish and 
other aquatic life in the area that is subject to the 
lease; 
‘‘(B) destroy 5 percent or more of the marine 
environment within one mile of the area that is sub-
ject to the lease, including the area within the lease; 
or 
‘‘(C) destroy 5 percent or more of the coastal 
environment that is nearest to the area that is sub-
ject to the lease.’’. 
SEC. 5. LIMITATION ON REQUIREMENT TO CONDUCT ENVI-
RONMENTAL REVIEWS FOR A LEASE. 
(a) IN GENERAL.—No statement is required under 
section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)) for a lease for the 
exploration, development, or production of oil or natural 
gas on Federal lands (including any lease under the Outer 
Continental Shelf Lands Act, the Mineral Leasing Act, the 
Mineral Leasing Act for Acquired Lands, or any other 
Federal law), except for— 
(1) sale of the lease by the lessee; and 
(2) as provided in subsection (b). 
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS
HR 6860 IH1S 
(b) PERMITS
FOR EXPLORATION, DEVELOPMENT, 
PRODUCTION AND INFRASTRUCTURE.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior shall prepare a single statement under such sec-
tion, and conduct a single review for that purpose, 
with respect to all plans and permits required for ex-
ploration, development, production, and construction 
of infrastructure to be carried out under the lease, 
upon submission by the lessee of a request under 
this subsection. 
(2) CONTENTS OF REQUEST.—The lessee shall 
include in the request a comprehensive plan that in-
cludes all plans and applications for all permits re-
ferred to in paragraph (1). 
(3) LIMITATION
ON
OTHER
REVIEWS.—Upon 
submission of a request under this subsection, no 
Federal agency or official, other than the Secretary, 
may conduct any review or issue any other state-
ment under 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 
for activities under the lease. 
(4) SUBMISSION OF COMMENT.—The head of 
any Federal agency with authority to administer any 
Federal law that applies to activities under such a 
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS
HR 6860 IH1S 
lease may submit comments to the Secretary regard-
ing such request. 
(5) REQUIREMENT TO ISSUE PERMITS.—If the 
Secretary determines, after reviewing all comments 
submitted under paragraph (4), that the comprehen-
sive plan complies with the requirements of such sec-
tion— 
(A) each Federal official responsible for 
administering any law under which a such a 
permit is required shall issue such permit with-
in the 60-day period beginning on the date the 
Secretary issues the determination, unless such 
official files an appeal of the determination in 
the District of Columbia Court of Appeals filed 
before the end of that period; and 
(B) operations under the lease and such 
permits may commence immediately upon the 
issuance of a final decision in all such appeals, 
except as otherwise provided in such a decision. 
(6) PERIOD TO BEGIN PRODUCTION.—For pur-
poses of any requirement under Federal law that 
production of oil or gas under such a lease begin 
within a specified period, such period shall begin 
upon the later of— 
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS
HR 6860 IH1S 
(A) the expiration of the period referred to 
in paragraph (5)(A); and 
(B) this issuance of a final decision in all 
appeals filed in accordance with that paragraph. 
(7) REGULATIONS.—The Secretary shall issue 
such regulations as are necessary to issue this sub-
section. 
SEC. 6. APPEALS PROCESS. 
Notwithstanding section 554(f) of title 5, United 
States Code, any appeal of a decision of an officer of the 
Department of the Interior or an administrative law judge 
regarding any lease for the exploration, development, or 
production of oil or natural gas on Federal lands (includ-
ing submerged lands) or an matter under or with respect 
to such a lease shall be in accordance with the following: 
(1) Within 60 days after the issuance of the de-
cision, the appellant shall file a notice of appeal with 
the appellee and the Secretary of the Interior that 
includes a statement of reasons, arguments, briefs, 
and a request for a hearing. 
(2) Within 30 days after receipt of such notice 
of appeal, the Secretary shall decide whether to hold 
an administrative hearing pursuant to the request. 
If the Secretary decides not to hold such a hearing, 
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS
HR 6860 IH1S 
the decision of the officer or judge is a final agency 
action. 
(3) Within 60 days after the Secretary holds 
such a hearing, the Secretary shall issue a final deci-
sion on the appeal. If the Secretary fails to issue a 
final decision in that period, the Secretary is deemed 
to have found in favor of the appellee. Such final de-
cision or finding is deemed to be a final agency ac-
tion. 
(4) Any judicial appeal by the appellant of such 
a final agency action may only be filed— 
(A) in the District of Columbia Court of 
Appeals; and 
(B) within 60 days after the end of the pe-
riod referred to in paragraph (3). 
(5) If a final decision by the District of Colum-
bia Court of Appeals in such judicial appeal is not 
issued within 1 year after the date the judicial ap-
peal is filed— 
(A) the court is deemed to have decided 
the appeal in favor of the appellee; and 
(B) no court has jurisdiction over the ap-
peal except the Supreme Court. 
(6) Any administrative or judicial appeal of a 
decision by the Department of the Interior regarding 
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS
HR 6860 IH1S 
a statement under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) or any similar environmental analysis 
must be countered by a similar assessment con-
ducted by the appellant that shows that the Depart-
ment— 
(A) did not follow accepted scientific meth-
ods in reaching its decision; and 
(B) is arbitrary and capricious. 
(7) If the suit is determined by the court to 
have no basis in fact or law, the appellant shall be 
liable to the appellee for attorney and witness fees 
and court costs, except in the case of an indigent 
party. If one or more 3rd parties contributed assist-
ance to the indigent party to bring suit or reason-
able incident actions related to suit, then 3rd parties 
shall be liable for such fees and costs. If any of such 
assistance was directly paid to the indigent party, 
the indigent party may be held liable for fees and 
costs to the extent of the amount received. 
SEC. 7. CITIZEN SUITS, ENFORCEMENT ACTIONS, AND AP-
PEALS UNDER THE OUTER CONTINENTAL 
SHELF LANDS ACT. 
(a) RESTRICTION ON ACTIONS BY NONCITIZENS AND 
FEDERAL AGENCIES.—Section 23(a)(1) of the Outer Con-
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS
HR 6860 IH1S 
tinental Shelf Lands Act (43 U.S.C. 1349(a)(1)) is 
amended by adding at the end the following: ‘‘No such 
civil action may be commenced by a person that is not 
a United States citizen, a State, or a United States incor-
porated or unincorporated company or corporation estab-
lished under the laws of a State. No such civil action may 
be commenced by a Federal officer or agency, except the 
Secretary of the Interior.’’. 
(b) LIMITATION ON ACTIONS AND INTERVENTION IN 
CASE
OF
SUITS
BY
ATTORNEY
GENERAL.—Section 
23(a)(2)(B) of such Act (43 U.S.C. 1349(a)(2)(B)) is 
amended— 
(1) by inserting ‘‘or criminal’’ after ‘‘civil’’; and 
(2) by striking ‘‘, but in any such action’’ and 
all that follows and inserting a period. 
(c) RECOVERY FOR FRIVOLOUS ACTIONS.— 
(1) CITIZEN SUITS.—Section 23 of such Act 
(43 U.S.C. 1349) is amended by adding at the end 
the following: 
‘‘(d) If an action under this section is determined by 
the court to have no basis in fact or law, the plaintiff shall 
be liable to the defendant for attorney and witness fees 
and court costs, except in the case of an indigent party. 
If one or more 3rd parties contributed assistance to the 
indigent party to bring suit or reasonable incident actions 
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS
HR 6860 IH1S 
related to suit, then the 3rd parties shall be liable for such 
fees and costs. If any of such assistance was directly paid 
to the indigent party, the indigent party may be held liable 
for fees and costs to the extent of the amount received.’’. 
(2) CIVIL ENFORCEMENT ACTIONS.—Section 24 
of such Act (43 U.S.C. 1350) is amended by adding 
at the end the following: 
‘‘(f) If an action under this section is determined by 
the court to have no basis in fact or law, the plaintiff shall 
be liable to the defendant for attorney and witness fees 
and court costs.’’. 
(d) APPELLATE JURISDICTION.— 
(1) CITIZEN SUITS.—Section 23(b)(1) of such 
Act (43 U.S.C. 1349(b)(1)) is amended by adding at 
the end the following: ‘‘Any appeal of a decision in 
such a proceeding brought against a Federal agency 
or a lessee under this Act shall be brought in the 
District of Columbia Court of Appeals.’’. 
(2) ACTIONS BY SECRETARY ON EXPLORATION 
OR
DEVELOPMENT
AND
PRODUCTION
PLAN.—Sec-
tion 23(c)(2) of such Act (43 U.S.C. 1349(c)(2)) is 
amended by striking ‘‘shall be subject’’ and all that 
follows and inserting ‘‘shall be subject to judicial re-
view only in the District of Columbia Court of Ap-
peals.’’. 
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS
HR 6860 IH1S 
(e) ACTIONS FOR DAMAGES.—Section 23(b)(2) of 
such Act (43 U.S.C. 1349(b)(2)) is amended by striking 
‘‘resident of the United States who is injured’’ and insert-
ing ‘‘citizen of the United States or United States incor-
porated or unincorporated company or corporation that is 
injured, or State that is injured,’’. 
SEC. 8. REVIEW OF RESTRICTING OF DRILLING DURING 
CERTAIN PERIODS OF THE YEAR. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of the Interior, acting 
through the Bureau of Land Management, shall review 
and report to the Congress regarding restricting drilling 
under oil and gas leases on Federal lands in the Inter-
mountain West during certain periods of the year. The 
Secretary shall include in the report a determination of 
whether it would be better to limit such restrictions to 
allow drilling an area quickly, rather than causing ex-
tended disturbance by drilling over several years. 
SEC. 9. RELIANCE ON ENVIRONMENTAL INFORMATION. 
(a) IN GENERAL.—Reliance by a Federal agency on 
environmental information included in the statement or 
other documents required under section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) with respect to the leasing of Federal lands 
(including submerged lands) for exploration, development, 
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS
HR 6860 IH1S 
or production of oil or natural gas, in taking any action 
to address a matter that arose after purchase of a lease 
by a lessee with respect to exploration, development, pro-
duction, or transportation under the lease shall not invali-
date such a lease, and shall not result in suspension of 
activities under the lease unless it presents an imminent 
threat to public safety. 
(b) REVIEW.—The Secretary of the Interior may re-
view any such action to determine what modifications 
should be made by lessee in activities under the a lease 
to resolve the matter. 
(c) JUDICIAL REVIEW.—The District of Columbia 
Court of Appeals has exclusive jurisdiction over any action 
seeking review of any action by a Federal agency taken 
in reliance on information referred to in subsection (a). 
In any such action, the appellant has the burden to prove 
that the agency’s actions were not reasonable and clearly 
did not meet accepted standards for mitigation. 
SEC. 10. USE OF ADJOINING LEASE TRACT. 
In any case in which logical exploration for or devel-
opment of oil or natural gas under a lease of Federal lands 
(including submerged lands) for that purpose cannot pro-
ceed without acquisition or participation of adjoining land 
that is not available, the Secretary of the Interior may 
allow temporary use of such land by the lessee for such 
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS
HR 6860 IH1S 
exploration and development unless it is owned by or 
under lease to another person. No lease or statement 
under 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)) shall be required for 
such use if the use is minimal and will have minimal envi-
ronmental effect on such adjoining Federal land. 
Æ 
VerDate Aug 31 2005 
21:42 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6301
E:\BILLS\H6860.IH
H6860
hsrobinson on PROD1PC76 with BILLS