SEC. 204. REPORTS; PUBLIC COMMENT. 
(a) PRELIMINARY REPORT.—Not later than 90 days 
after the date of enactment of this Act, the Committee 
shall make public and submit to the Committee on Energy 
and Commerce of the House of Representatives and the 
Committee on Environment and Public Works of the Sen-
ate a preliminary report containing the results of the anal-
yses conducted under section 203. 
(b) PUBLIC COMMENT PERIOD.—The Committee 
shall accept public comments regarding the preliminary re-
port submitted under subsection (a) for a period of 60 
days after such submission. 
(c) FINAL REPORT.—Not later than 60 days after 
the close of the public comment period under subsection 
(b), the Committee shall submit to Congress a final report 
containing the analyses conducted under section 203, in-
cluding any revisions to such analyses made as a result 
of public comments, and a response to such comments. 
SEC. 205. NO FINAL ACTION ON CERTAIN RULES. 
(a) IN GENERAL.—The Administrator of the Envi-
ronmental Protection Agency shall not finalize any of the 
following rules until a date (to be determined by the Ad-
ministrator) that is at least 6 months after the day on 
which the Committee submits the final report under sec-
tion 204(c):
(1) ‘‘Control of Air Pollution From New Motor 
Vehicles: Tier 3 Motor Vehicle Emission and Fuel 
Standards’’, as described in the Unified Agenda of 
Federal Regulatory and Deregulatory Actions under 
Regulatory Identification Number 2060–AQ86, and 
any successor or substantially similar rule. 
(2) Any rule proposed after March 15, 2012, 
establishing or revising a standard of performance or 
emission standard under section 111 or 112 of the 
Clean Air Act (42 U.S.C. 7411, 7412) that is appli-
cable to petroleum refineries. 
(3) Any rule revising or supplementing the na-
tional ambient air quality standards for ozone under 
section 109 of the Clean Air Act (42 U.S.C. 7409). 
(b) OTHER RULES NOT AFFECTED.—Subsection (a) 
shall not affect the finalization of any rule other than the 
rules described in such subsection. 
SEC. 206. CONSIDERATION OF FEASIBILITY AND COST IN 
REVISING OR SUPPLEMENTING NATIONAL 
AMBIENT 
AIR 
QUALITY 
STANDARDS 
FOR 
OZONE. 
In revising or supplementing any national primary or 
secondary ambient air quality standards for ozone under 
section 109 of the Clean Air Act (42 U.S.C. 7409), the
Administrator of the Environmental Protection Agency 
shall take into consideration feasibility and cost. 
SEC. 207. FUEL REQUIREMENTS WAIVER AND STUDY. 
(a) WAIVER
OF FUEL REQUIREMENTS.—Section 
211(c)(4)(C) 
of 
the 
Clean 
Air 
Act 
(42 
U.S.C. 
7545(c)(4)(C)) is amended— 
(1) in clause (ii)(II), by inserting ‘‘a problem 
with distribution or delivery equipment necessary for 
the transportation or delivery of fuel or fuel addi-
tives,’’ after ‘‘equipment failure,’’; 
(2) in clause (iii)(II), by inserting before the 
semicolon at the end the following: ‘‘(except that the 
Administrator may extend the effectiveness of a 
waiver for more than 20 days if the Administrator 
determines that the conditions under clause (ii) sup-
porting a waiver determination will exist for more 
than 20 days)’’; 
(3) by redesignating the second clause (v) (re-
lating to the authority of the Administrator to ap-
prove certain State implementation plans) as clause 
(vi); and 
(4) by adding at the end the following: 
‘‘(vii) PRESUMPTIVE APPROVAL.—Notwithstanding 
any other provision of this subparagraph, if the Adminis-
trator does not approve or deny a request for a waiver
under this subparagraph within 3 days after receipt of the 
request, the request shall be deemed to be approved as 
received by the Administrator and the applicable fuel 
standards shall be deemed to be waived for the period of 
time requested.’’. 
(b) FUEL SYSTEM REQUIREMENTS HARMONIZATION 
STUDY.—Section 1509 of the Energy Policy Act of 2005 
(Public Law 109–58; 119 Stat. 1083) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(A), by inserting 
‘‘biofuels,’’ after ‘‘oxygenated fuel,’’; 
(B) in paragraph (2)— 
(i) in subparagraph (B)— 
(I) by redesignating clause (ii) as 
clause (iii); 
(II) in clause (i), by striking 
‘‘and’’ after the semicolon; and 
(III) by inserting after clause (i) 
the following: 
‘‘(i) the renewable fuel standard; 
and’’; and 
(IV) in subparagraph (G), by in-
serting ‘‘or Tier III’’ after ‘‘Tier II’’; 
and
(2) in subsection (b)(1), by striking ‘‘2008’’ 
and inserting ‘‘2014’’. 
TITLE III—QUADRENNIAL STRA-
TEGIC 
FEDERAL 
ONSHORE 
ENERGY PRODUCTION STRAT-
EGY 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Planning for American 
Energy Act of 2012’’. 
SEC. 302. ONSHORE DOMESTIC ENERGY PRODUCTION 
STRATEGIC PLAN. 
(a) IN GENERAL.—The Mineral Leasing Act (30 
U.S.C. 181 et seq.) is amended by redesignating section 
44 as section 45, and by inserting after section 43 the 
following: 
‘‘SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE 
ENERGY PRODUCTION STRATEGY. 
‘‘(a) IN GENERAL.— 
‘‘(1) The Secretary of the Interior (hereafter in 
this section referred to as ‘Secretary’), in consulta-
tion with the Secretary of Agriculture with regard to 
lands administered by the Forest Service, shall de-
velop and publish every 4 years a Quadrennial Fed-
eral Onshore Energy Production Strategy. This 
Strategy shall direct Federal land energy develop-
ment and department resource allocation in order to 
promote the energy security of the United States. 
‘‘(2) In developing this Strategy, the Secretary 
shall consult with the Administrator of the Energy 
Information Administration on the projected energy 
demands of the United States for the next 30-year 
period, and how energy derived from Federal on-
shore lands can put the United States on a trajec-
tory to meet that demand during the next 4-year pe-
riod. The Secretary shall consider how Federal lands 
will contribute to ensuring national energy security, 
with a goal for increasing energy independence and 
production, during the next 4-year period. 
‘‘(3) The Secretary shall determine a domestic 
strategic production objective for the development of 
energy resources from Federal onshore lands. Such 
objective shall be— 
‘‘(A) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of oil and natural 
gas from the Federal onshore mineral estate, 
with a focus on lands held by the Bureau of 
Land Management and the Forest Service; 
‘‘(B) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic coal production from Federal 
lands; 
‘‘(C) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of strategic and 
critical energy minerals from the Federal on-
shore mineral estate; 
‘‘(D) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in megawatts for electricity production 
from each of the following sources: wind, solar, 
biomass, hydropower, and geothermal energy 
produced on Federal lands administered by the 
Bureau of Land Management and the Forest 
Service; 
‘‘(E) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in unconventional energy production, 
such as oil shale; 
‘‘(F) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of oil, natural 
gas, coal, and other renewable sources from 
tribal lands for any federally recognized Indian
tribe that elects to participate in facilitating en-
ergy production on its lands; and 
‘‘(G) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of geothermal, 
solar, wind, or other renewable energy sources 
on lands defined as ‘available lands’ by section 
203 of the Hawaiian Homes Commission Act, 
1920, and any other lands deemed by the Terri-
tory or State of Hawaii, as the case may be, to 
be included within that definition. 
‘‘(4) The Secretary shall consult with the Ad-
ministrator of the Energy Information Administra-
tion regarding the methodology used to arrive at its 
estimates for purposes of this section. 
‘‘(5) The Secretary has the authority to expand 
the energy development plan to include other energy 
production technology sources or advancements in 
energy on Federal lands. 
‘‘(b) TRIBAL OBJECTIVES.—It is the sense of Con-
gress that federally recognized Indian tribes may elect to 
set their own production objectives as part of the Strategy 
under this section. The Secretary shall work in coopera-
tion with any federally recognized Indian tribe that elects
to participate in achieving its own strategic energy objec-
tives designated under this subsection. 
‘‘(c) EXECUTION OF THE STRATEGY.—The relevant 
Secretary shall have all necessary authority to make deter-
minations regarding which additional lands will be made 
available in order to meet the production objectives estab-
lished by strategies under this section. The Secretary shall 
also take all necessary actions to achieve these production 
objectives unless the President determines that it is not 
in the national security and economic interests of the 
United States to increase Federal domestic energy produc-
tion and to further decrease dependence upon foreign 
sources of energy. In administering this section, the rel-
evant Secretary shall only consider leasing Federal lands 
available for leasing at the time the lease sale occurs. 
‘‘(d) STATE, FEDERALLY
RECOGNIZED
INDIAN 
TRIBES, LOCAL GOVERNMENT, AND PUBLIC INPUT.—In 
developing each strategy, the Secretary shall solicit the 
input of affected States, federally recognized Indian tribes, 
local governments, and the public. 
‘‘(e) REPORTING.—The Secretary shall report annu-
ally to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and 
Natural Resources of the Senate on the progress of meet-
ing the production goals set forth in the strategy. The Sec-
retary shall identify in the report projections for produc-
tion and capacity installations and any problems with leas-
ing, permitting, siting, or production that will prevent 
meeting the goal. In addition, the Secretary shall make 
suggestions to help meet any shortfalls in meeting the pro-
duction goals. 
‘‘(f) 
PROGRAMMATIC
ENVIRONMENTAL
IMPACT 
STATEMENT.—Not later than 12 months after the date 
of enactment of this section, in accordance with section 
102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)), the Secretary shall com-
plete a programmatic environmental impact statement. 
This programmatic environmental impact statement will 
be deemed sufficient to comply with all requirements 
under that Act for all necessary resource management and 
land use plans associated with the implementation of the 
strategy. 
‘‘(g) CONGRESSIONAL REVIEW.—At least 60 days 
prior to publishing a proposed strategy under this section, 
the Secretary shall submit it to the President and the Con-
gress, together with any comments received from States, 
federally recognized Indian tribes, and local governments. 
Such submission shall indicate why any specific rec-
ommendation of a State, federally recognized Indian tribe, 
or local government was not accepted.’’.
(b) FIRST QUADRENNIAL STRATEGY.—Not later 
than 18 months after the date of enactment of this Act, 
the Secretary of the Interior shall submit to Congress the 
first Quadrennial Federal Onshore Energy Production 
Strategy under the amendment made by subsection (a). 
SEC. 303. DEFINITIONS. 
For purposes of this title, the term ‘‘strategic and 
critical energy minerals’’ means those that are necessary 
for the Nation’s energy infrastructure including pipelines, 
refining capacity, electrical power generation and trans-
mission, and renewable energy production and those that 
are necessary to support domestic manufacturing, includ-
ing but not limited to, materials used in energy genera-
tion, production, and transportation. 
TITLE IV—ONSHORE OIL AND 
GAS LEASING CERTAINTY 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Providing Leasing 
Certainty for American Energy Act of 2012’’. 
SEC. 402. MINIMUM ACREAGE REQUIREMENT FOR ON-
SHORE LEASE SALES. 
In conducting lease sales as required by section 17(a) 
of the Mineral Leasing Act (30 U.S.C. 226(a)), each year 
the Secretary of the Interior shall perform the following:
(1) The Secretary shall offer for sale no less 
than 25 percent of the annual nominated acreage 
not previously made available for lease. Acreage of-
fered for lease pursuant to this paragraph shall not 
be subject to protest and shall be eligible for cat-
egorical exclusions under section 390 of the Energy 
Policy Act of 2005 (42 U.S.C. 15492), except that 
it shall not be subject to the test of extraordinary 
circumstances. 
(2) In administering this section, the Secretary 
shall only consider leasing of Federal lands that are 
available for leasing at the time the lease sale oc-
curs. 
SEC. 403. LEASING CERTAINTY. 
Section 17(a) of the Mineral Leasing Act (30 U.S.C. 
226(a)) is amended by inserting ‘‘(1)’’ before ‘‘All lands’’, 
and by adding at the end the following: 
‘‘(2)(A) The Secretary shall not withdraw any cov-
ered energy project issued under this Act without finding 
a violation of the terms of the lease by the lessee. 
‘‘(B) The Secretary shall not infringe upon lease 
rights under leases issued under this Act by indefinitely 
delaying issuance of project approvals, drilling and seismic 
permits, and rights of way for activities under such a 
lease.
‘‘(C) No later than 18 months after an area is des-
ignated as open under the current land use plan the Sec-
retary shall make available nominated areas for lease 
under the criteria in section 2. 
‘‘(D) Notwithstanding any other law, the Secretary 
shall issue all leases sold no later than 60 days after the 
last payment is made. 
‘‘(E) The Secretary shall not cancel or withdraw any 
lease parcel after a competitive lease sale has occurred and 
a winning bidder has submitted the last payment for the 
parcel. 
‘‘(F) Not later than 60 days after a lease sale held 
under this Act, the Secretary shall adjudicate any lease 
protests filed following a lease sale. If after 60 days any 
protest is left unsettled, said protest is automatically de-
nied and appeal rights of the protestor begin. 
‘‘(G) No additional lease stipulations may be added 
after the parcel is sold without consultation and agree-
ment of the lessee, unless the Secretary deems such stipu-
lations as emergency actions to conserve the resources of 
the United States.’’. 
SEC. 404. LEASING CONSISTENCY. 
Federal land managers must follow existing resource 
management plans and continue to actively lease in areas 
designated as open when resource management plans are
being amended or revised, until such time as a new record 
of decision is signed. 
SEC. 405. REDUCE REDUNDANT POLICIES. 
Bureau of Land Management Instruction Memo-
randum 2010–117 shall have no force or effect. 
TITLE V—STREAMLINED 
ENERGY PERMITTING 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Streamlining Permit-
ting of American Energy Act of 2012’’. 
Subtitle A—Application for Permits 
to Drill Process Reform 
SEC. 511. PERMIT TO DRILL APPLICATION TIMELINE. 
Section 17(p)(2) of the Mineral Leasing Act (30 
U.S.C. 226(p)(2)) is amended to read as follows: 
‘‘(2) APPLICATIONS FOR PERMITS TO DRILL RE-
FORM AND PROCESS.— 
‘‘(A) TIMELINE.—The Secretary shall de-
cide whether to issue a permit to drill within 30 
days after receiving an application for the per-
mit. The Secretary may extend such period for 
up to 2 periods of 15 days each, if the Sec-
retary has given written notice of the delay to 
the applicant. The notice shall be in the form 
of a letter from the Secretary or a designee of
the Secretary, and shall include the names and 
titles of the persons processing the application, 
the specific reasons for the delay, and a specific 
date a final decision on the application is ex-
pected. 
‘‘(B) NOTICE OF REASONS FOR DENIAL.— 
If the application is denied, the Secretary shall 
provide the applicant— 
‘‘(i) in writing, clear and comprehen-
sive reasons why the application was not 
accepted and detailed information con-
cerning any deficiencies; and 
‘‘(ii) an opportunity to remedy any de-
ficiencies. 
‘‘(C) APPLICATION DEEMED APPROVED.— 
If the Secretary has not made a decision on the 
application by the end of the 60-day period be-
ginning on the date the application is received 
by the Secretary, the application is deemed ap-
proved, except in cases in which existing reviews 
under the National Environmental Policy Act of 
1969 or Endangered Species Act of 1973 are 
incomplete. 
‘‘(D) DENIAL
OF
PERMIT.—If the Sec-
retary decides not to issue a permit to drill in
accordance with subparagraph (A), the Sec-
retary shall— 
‘‘(i) provide to the applicant a descrip-
tion of the reasons for the denial of the 
permit; 
‘‘(ii) allow the applicant to resubmit 
an application for a permit to drill during 
the 10-day period beginning on the date 
the applicant receives the description of 
the denial from the Secretary; and 
‘‘(iii) issue or deny any resubmitted 
application not later than 10 days after the 
date the application is submitted to the 
Secretary. 
‘‘(E) FEE.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other law, the Secretary shall collect a 
single $6,500 permit processing fee per ap-
plication from each applicant at the time 
the final decision is made whether to issue 
a permit under subparagraph (A). This fee 
shall not apply to any resubmitted applica-
tion. 
‘‘(ii) TREATMENT OF PERMIT PROC-
ESSING FEE.—Of all fees collected under
this paragraph, 50 percent shall be trans-
ferred to the field office where they are col-
lected and used to process protests, leases, 
and permits under this Act subject to ap-
propriation.’’. 
SEC. 512. SOLAR AND WIND RIGHT-OF-WAY RENTAL RE-
FORM. 
Notwithstanding any other provision of law, each fis-
cal year, of fees collected as annual wind energy and solar 
energy right-of-way authorization fees required under sec-
tion 504(g) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1764(g)), 50 percent shall be re-
tained by the Secretary of the Interior to be used, subject 
to appropriation, by the Bureau of Land Management to 
process permits, right-of-way applications, and other ac-
tivities necessary for renewable development, and, at the 
discretion of the Secretary, by the U.S. Fish and Wildlife 
Service or other Federal agencies involved in wind and 
solar permitting reviews to facilitate the processing of 
wind energy and solar energy permit applications on Bu-
reau of Land Management lands.
Subtitle B—Administrative Protest 
Documentation Reform 
SEC. 521. ADMINISTRATIVE PROTEST DOCUMENTATION RE-
FORM. 
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 
226(p)) is further amended by adding at the end the fol-
lowing: 
‘‘(4) PROTEST FEE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
collect a $5,000 documentation fee to accom-
pany each protest for a lease, right of way, or 
application for permit to drill. 
‘‘(B) TREATMENT OF FEES.—Of all fees 
collected under this paragraph, 50 percent shall 
remain in the field office where they are col-
lected and used to process protests subject to 
appropriation.’’. 
Subtitle C—Permit Streamlining 
SEC. 531. IMPROVE FEDERAL ENERGY PERMIT COORDINA-
TION. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
(referred to in this section as the ‘‘Secretary’’) shall estab-
lish a Federal Permit Streamlining Project (referred to 
in this section as the ‘‘Project’’) in every Bureau of Land
Management field office with responsibility for permitting 
energy projects on Federal land. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall enter into a memorandum of understanding for 
purposes of this section with— 
(A) the Secretary of Agriculture; 
(B) the Administrator of the Environ-
mental Protection Agency; and 
(C) the Chief of the Army Corps of Engi-
neers. 
(2) STATE
PARTICIPATION.—The Secretary 
may request that the Governor of any State with en-
ergy projects on Federal lands to be a signatory to 
the memorandum of understanding. 
(c) DESIGNATION OF QUALIFIED STAFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the signing of the memorandum of un-
derstanding under subsection (b), all Federal signa-
tory parties shall, if appropriate, assign to each of 
the Bureau of Land Management field offices an 
employee who has expertise in the regulatory issues 
relating to the office in which the employee is em-
ployed, including, as applicable, particular expertise 
in— 
(A) the consultations and the preparation 
of biological opinions under section 7 of the En-
dangered Species Act of 1973 (16 U.S.C. 
1536); 
(B) permits under section 404 of Federal 
Water Pollution Control Act (33 U.S.C. 1344); 
(C) regulatory matters under the Clean Air 
Act (42 U.S.C. 7401 et seq.); 
(D) planning under the National Forest 
Management Act of 1976 (16 U.S.C. 472a et 
seq.); and 
(E) the preparation of analyses under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(2) DUTIES.—Each employee assigned under 
paragraph (1) shall— 
(A) not later than 90 days after the date 
of assignment, report to the Bureau of Land 
Management Field Managers in the office to 
which the employee is assigned; 
(B) be responsible for all issues relating to 
the energy projects that arise under the au-
thorities of the employee’s home agency; and
(C) participate as part of the team of per-
sonnel working on proposed energy projects, 
planning, and environmental analyses on Fed-
eral lands. 
(d) ADDITIONAL PERSONNEL.—The Secretary shall 
assign to each Bureau of Land Management field office 
identified in subsection (a) any additional personnel that 
are necessary to ensure the effective approval and imple-
mentation of energy projects administered by the Bureau 
of Land Management field offices, including inspection 
and enforcement relating to energy development on Fed-
eral land, in accordance with the multiple use mandate 
of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.). 
(e) FUNDING.—Funding for the additional personnel 
shall come from the Department of the Interior reforms 
identified in sections 511, 512, and 521. 
(f) SAVINGS PROVISION.—Nothing in this section af-
fects— 
(1) the operation of any Federal or State law; 
or 
(2) any delegation of authority made by the 
head of a Federal agency whose employees are par-
ticipating in the Project.
(g) DEFINITION.—For purposes of this section the 
term ‘‘energy projects’’ means oil, natural gas and renew-
able energy projects. 
SEC. 532. ADMINISTRATION OF CURRENT LAW. 
Notwithstanding any other law, the Secretary of the 
Interior shall not require a finding of extraordinary cir-
cumstances in administering section 390 of the Energy 
Policy Act of 2005. 
SEC. 533. POLICIES REGARDING BUYING, BUILDING, AND 
WORKING FOR AMERICA. 
(a) CONGRESSIONAL INTENT.—It is the intent of 
Congress that— 
(1) this title will support a healthy and growing 
United States domestic energy sector that, in turn, 
helps to reinvigorate American manufacturing, 
transportation, and service sectors by employing the 
vast talents of United States workers to assist in the 
development of energy from domestic sources; and 
(2) Congress will monitor the deployment of 
personnel and material onshore under this title to 
encourage the development of American technology 
and manufacturing to enable United States workers 
to benefit from this title through good jobs and ca-
reers, as well as the establishment of important in-
dustrial facilities to support expanded access to 
American energy resources. 
(b) REQUIREMENT.—The Secretary of the Interior 
shall, when possible and practicable, encourage the use of 
United States workers and equipment manufactured in 
the United States in all construction related to mineral 
resource development under this title. 
Subtitle D—Judicial Review 
SEC. 541. DEFINITIONS. 
In this title— 
(1) the term ‘‘covered civil action’’ means a civil 
action containing a claim under section 702 of title 
5, United States Code, regarding agency action (as 
defined for the purposes of that section) affecting a 
covered energy project on Federal lands of the 
United States; and 
(2) the term ‘‘covered energy project’’ means 
the leasing of Federal lands of the United States for 
the exploration, development, production, processing, 
or transmission of oil, natural gas, wind, or any 
other source of energy, and any action under such 
a lease, except that the term does not include any 
disputes between the parties to a lease regarding the 
obligations under such lease, including regarding 
any alleged breach of the lease.
SEC. 542. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS 
RELATING TO COVERED ENERGY PROJECTS. 
Venue for any covered civil action shall lie in the dis-
trict court where the project or leases exist or are pro-
posed. 
SEC. 543. TIMELY FILING. 
To ensure timely redress by the courts, a covered civil 
action must be filed no later than the end of the 90-day 
period beginning on the date of the final Federal agency 
action to which it relates. 
SEC. 544. EXPEDITION IN HEARING AND DETERMINING THE 
ACTION. 
The court shall endeavor to hear and determine any 
covered civil action as expeditiously as possible. 
SEC. 545. STANDARD OF REVIEW. 
In any judicial review of a covered civil action, admin-
istrative findings and conclusions relating to the chal-
lenged Federal action or decision shall be presumed to be 
correct, and the presumption may be rebutted only by the 
preponderance of the evidence contained in the adminis-
trative record. 
SEC. 546. LIMITATION ON INJUNCTION AND PROSPECTIVE 
RELIEF. 
In a covered civil action, the court shall not grant 
or approve any prospective relief unless the court finds 
that such relief is narrowly drawn, extends no further than
necessary to correct the violation of a legal requirement, 
and is the least intrusive means necessary to correct that 
violation. In addition, courts shall limit the duration of 
preliminary injunctions to halt covered energy projects to 
no more than 60 days, unless the court finds clear reasons 
to extend the injunction. In such cases of extensions, such 
extensions shall only be in 30-day increments and shall 
require action by the court to renew the injunction. 
SEC. 547. LIMITATION ON ATTORNEYS’ FEES. 
Sections 504 of title 5, United States Code, and 2412 
of title 28, United States Code, (together commonly called 
the Equal Access to Justice Act) do not apply to a covered 
civil action, nor shall any party in such a covered civil ac-
tion receive payment from the Federal Government for 
their attorneys’ fees, expenses, and other court costs. 
SEC. 548. LEGAL STANDING. 
Challengers filing appeals with the Department of the 
Interior Board of Land Appeals shall meet the same 
standing requirements as challengers before a United 
States district court.
TITLE 
VI—EXPEDITIOUS 
PRO-
GRAM OF OIL AND GAS LEAS-
ING IN THE NATIONAL PE-
TROLEUM RESERVE IN ALAS-
KA 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘National Petroleum 
Reserve Alaska Access Act’’. 
SEC. 602. SENSE OF CONGRESS AND REAFFIRMING NA-
TIONAL POLICY FOR THE NATIONAL PETRO-
LEUM RESERVE IN ALASKA. 
It is the sense of Congress that— 
(1) the National Petroleum Reserve in Alaska 
remains explicitly designated, both in name and legal 
status, for purposes of providing oil and natural gas 
resources to the United States; and 
(2) accordingly, the national policy is to actively 
advance oil and gas development within the Reserve 
by facilitating the expeditious exploration, produc-
tion, and transportation of oil and natural gas from 
and through the Reserve.
SEC. 603. NATIONAL PETROLEUM RESERVE IN ALASKA: 
LEASE SALES. 
Section 107(a) of the Naval Petroleum Reserves Pro-
duction Act of 1976 (42 U.S.C. 6506a(a)) is amended to 
read as follows: 
‘‘(a) IN GENERAL.—The Secretary shall conduct an 
expeditious program of competitive leasing of oil and gas 
in the reserve in accordance with this Act. Such program 
shall include at least one lease sale annually in those areas 
of the reserve most likely to produce commercial quantities 
of oil and natural gas each year in the period 2011 
through 2021.’’. 
SEC. 604. NATIONAL PETROLEUM RESERVE IN ALASKA: 
PLANNING AND PERMITTING PIPELINE AND 
ROAD CONSTRUCTION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of the Interior, in consultation 
with the Secretary of Transportation, shall facilitate and 
ensure permits, in an environmentally responsible manner, 
for all surface development activities, including for the 
construction of pipelines and roads, necessary to— 
(1) develop and bring into production any areas 
within the National Petroleum Reserve in Alaska 
that are subject to oil and gas leases; and 
(2) transport oil and gas from and through the 
National Petroleum Reserve in Alaska to existing
transportation or processing infrastructure on the 
North Slope of Alaska. 
(b) TIMELINE.—The Secretary shall ensure that any 
Federal permitting agency shall issue permits in accord-
ance with the following timeline: 
(1) Permits for such construction for transpor-
tation of oil and natural gas produced under existing 
Federal oil and gas leases with respect to which the 
Secretary has issued a permit to drill shall be ap-
proved within 60 days after the date of enactment 
of this Act. 
(2) Permits for such construction for transpor-
tation of oil and natural gas produced under Federal 
oil and gas leases shall be approved within 6 months 
after the submission to the Secretary of a request 
for a permit to drill. 
(c) PLAN.—To ensure timely future development of 
the Reserve, within 270 days after the date of the enact-
ment of this Act, the Secretary of the Interior shall submit 
to Congress a plan for approved rights-of-way for a plan 
for pipeline, road, and any other surface infrastructure 
that may be necessary infrastructure that will ensure that 
all leasable tracts in the Reserve are within 25 miles of 
an approved road and pipeline right-of-way that can serve 
future development of the Reserve.
SEC. 605. DEPARTMENTAL ACCOUNTABILITY FOR DEVEL-
OPMENT. 
(a) IN GENERAL.—The Secretary of the Interior shall 
issue regulations within 180 days after the date of enact-
ment of this Act that establish clear requirements to en-
sure that the Department of the Interior is supporting de-
velopment of oil and gas leases in the National Petroleum 
Reserve in Alaska. 
(b) DEADLINES.—At a minimum, the regulations 
shall— 
(1) require the Department to respond within 5 
business days acknowledging receipt of any permit 
application for such development; and 
(2) establish a timeline for the processing of 
each such application, that— 
(A) specifies deadlines for decisions and 
actions on permit applications; and 
(B) provide that the period for issuing 
each permit after submission of such an appli-
cation shall not exceed 60 days without the con-
currence of the applicant. 
(c) ACTIONS REQUIRED FOR FAILURE TO COMPLY 
WITH DEADLINES.—If the Department fails to comply 
with any deadline under subsection (b) with respect to a 
permit application, the Secretary shall notify the applicant 
every 5 days with specific information regarding the rea-
sons for the permit delay, the name of the specific Depart-
ment office or offices responsible for issuing the permit 
and for monitoring the permit delay, and an estimate of 
the time that the permit will be issued. 
(d) ADDITIONAL
INFRASTRUCTURE.—Within 180 
days after the date of enactment of this Act, the Secretary 
of the Interior shall approve, after consultation with the 
State of Alaska and public comment, right-of-way cor-
ridors for the construction of 2 separate additional bridges 
and pipeline rights-of-way to help facilitate timely oil and 
gas development of the Reserve. 
SEC. 606. UPDATED RESOURCE ASSESSMENT. 
(a) IN GENERAL.—The Secretary of the Interior shall 
complete a comprehensive assessment of all technically re-
coverable fossil fuel resources within the National Petro-
leum Reserve in Alaska, including all conventional and un-
conventional oil and natural gas. 
(b) COOPERATION
AND CONSULTATION.—The re-
source assessment required by subsection (a) shall be car-
ried out by the United States Geological Survey in co-
operation and consultation with the State of Alaska and 
the American Association of Petroleum Geologists. 
(c) TIMING.—The resource assessment required by 
subsection (a) shall be completed within 24 months after 
the date of the enactment of this Act.
(d) FUNDING.—The United States Geological Survey 
may, in carrying out the duties under this section, coop-
eratively use resources and funds provided by the State 
of Alaska. 
SEC. 607. COLVILLE RIVER DESIGNATION. 
The designation by the Environmental Protection 
Agency of the Colville River Delta as an Aquatic Resource 
of National Importance shall have no force or effect. 
TITLE 
VII—INTERNET-BASED 
ONSHORE 
OIL 
AND 
GAS 
LEASE SALES 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘BLM Live Internet 
Auctions Act’’. 
SEC. 702. INTERNET-BASED ONSHORE OIL AND GAS LEASE 
SALES. 
(a) AUTHORIZATION.—Section 17(b)(1) of the Min-
eral Leasing Act (30 U.S.C. 226(b)(1)) is amended— 
(1) in subparagraph (A), in the third sentence, 
by inserting ‘‘, except as provided in subparagraph 
(C)’’ after ‘‘by oral bidding’’; and 
(2) by adding at the end the following: 
‘‘(C) In order to diversify and expand the Nation’s 
onshore leasing program to ensure the best return to the 
Federal taxpayer, reduce fraud, and secure the leasing
process, the Secretary may conduct onshore lease sales 
through Internet-based bidding methods. Each individual 
Internet-based lease sale shall conclude within 7 days.’’. 
(b) REPORT.—Not later than 90 days after the tenth 
Internet-based lease sale conducted under the amendment 
made by subsection (a), the Secretary of the Interior shall 
analyze the first 10 such lease sales and report to Con-
gress the findings of the analysis. The report shall in-
clude— 
(1) estimates on increases or decreases in such 
lease sales, compared to sales conducted by oral bid-
ding, in— 
(A) the number of bidders; 
(B) the average amount of bid; 
(C) the highest amount bid; and 
(D) the lowest bid; 
(2) an estimate on the total cost or savings to 
the Department of the Interior as a result of such 
sales, compared to sales conducted by oral bidding; 
and 
(3) an evaluation of the demonstrated or ex-
pected effectiveness of different structures for lease 
sales which may provide an opportunity to better 
maximize bidder participation, ensure the highest re-
turn to the Federal taxpayers, minimize opportuni-
ties for fraud or collusion, and ensure the security 
and integrity of the leasing process. 
TITLE VIII—SERVICE OVER THE 
COUNTER, SELF-CONTAINED, 
MEDIUM TEMPERATURE COM-
MERCIAL REFRIGERATORS 
SEC. 801. SERVICE OVER THE COUNTER, SELF-CONTAINED, 
MEDIUM TEMPERATURE COMMERCIAL RE-
FRIGERATORS. 
Section 342(c) of the Energy Policy and Conservation 
Act (42 U.S.C. 6313(c)) is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraphs (B) 
and (C) as subparagraphs (D) and (E), respec-
tively; and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) The term ‘(SOC-SC-M)’ means a medium 
temperature commercial refrigerator— 
‘‘(i) with a self-contained condensing unit 
and equipped with sliding or hinged doors in 
the back intended for use by sales personnel, 
and with glass or other transparent material in 
the front for displaying merchandise; and
‘‘(ii) that has a height not greater than 66 
inches and is intended to serve as a counter for 
transactions between sales personnel and cus-
tomers. 
‘‘(C) The term ‘TDA’ means the total display 
area (ft2 ) of the refrigerated case, as defined in Air- 
Conditioning, Heating, and Refrigeration Institute 
Standard 1200.’’; 
(2) by redesignating paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively; and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) Each SOC-SC-M manufactured on or after the 
date which is 6 months after the date of enactment of 
the Better Use of Refrigerator Regulations Act shall have 
a total daily energy consumption (in kilowatt hours per 
day) of not more than 0.6 x TDA + 1.0.’’. 
TITLE IX—MISCELLANEOUS 
PROVISIONS 
SEC. 901. LIMITATION ON TRANSFER OF FUNCTIONS 
UNDER THE MINING LAW PROGRAM OR THE 
SOLID MINERALS LEASING PROGRAM. 
The Secretary of the Interior may not transfer to the 
Office of Surface Mining Reclamation and Enforcement 
any responsibility or authority to perform any function
performed immediately before the enactment of this Act 
under the Solid Minerals Program of the Department of 
the Interior, including— 
(1) any such function under— 
(A) the laws popularly known as the Min-
ing Law of 1872 (30 U.S.C. 22 note); 
(B) the Act of July 31, 1947 (chapter 406; 
30 U.S.C. 601 et seq.), popularly known as the 
Materials Act of 1947; 
(C) the Minerals Leasing Act (30 U.S.C. 
181 et seq.); or 
(D) the Mineral Leasing Act for Acquired 
Lands (30 U.S.C. 351 et seq.); 
(2) any such function relating to management 
of mineral development on Federal lands and ac-
quired lands under section 302 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1732); and 
(3) any function performed under the Mining 
Law Program. 
SEC. 902. AMOUNT OF DISTRIBUTED QUALIFIED OUTER 
CONTINENTAL SHELF REVENUES. 
Section 105(f)(1) of the Gulf of Mexico Energy Secu-
rity Act of 2006 (title I of division C of Public Law 109– 
432; (43 U.S.C. 1331 note)) is amended by striking
‘‘2055’’ and inserting ‘‘2022, and shall not exceed 
$750,000,000 for each of fiscal years 2023 through 
2055’’. 
SEC. 903. LEASE SALE 220 AND OTHER LEASE SALES OFF 
THE COAST OF VIRGINIA. 
(a) INCLUSION IN LEASING PROGRAMS.—The Sec-
retary of the Interior shall— 
(1) upon enactment of this Act, revise the pro-
posed Outer Continental Shelf oil and gas leasing 
program for the 2012–2017 period to include in 
such program Lease Sale 220 off the coast of Vir-
ginia; and 
(2) include the Outer Continental Shelf off the 
coast of Virginia in the leasing program for each 5- 
year period after the 2012–2017 period. 
(b) CONDUCT OF LEASE SALE.—As soon as prac-
ticable, but not later than 1 year after the date of enact-
ment of this Act, the Secretary of the Interior shall carry 
out under section 8 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337) Lease Sale 220. 
(c) BALANCING MILITARY AND ENERGY PRODUC-
TION GOALS.— 
(1) JOINT
GOALS.—In recognition that the 
Outer Continental Shelf oil and gas leasing program 
and the domestic energy resources produced there-
from are integral to national security, the Secretary 
of the Interior and the Secretary of Defense shall 
work jointly in implementing this section in order to 
ensure achievement of the following common goals: 
(A) Preserving the ability of the Armed 
Forces of the United States to maintain an op-
timum state of readiness through their contin-
ued use of the Outer Continental Shelf. 
(B) Allowing effective exploration, develop-
ment, and production of our Nation’s oil, gas, 
and renewable energy resources. 
(2) PROHIBITION
ON
CONFLICTS
WITH
MILI-
TARY OPERATIONS.—No person may engage in any 
exploration, development, or production of oil or nat-
ural gas off the coast of Virginia that would conflict 
with any military operation, as determined in ac-
cordance with the Memorandum of Agreement be-
tween the Department of Defense and the Depart-
ment of the Interior on Mutual Concerns on the 
Outer Continental Shelf signed July 20, 1983, and 
any revision or replacement for that agreement that 
is agreed to by the Secretary of Defense and the 
Secretary of the Interior after that date but before 
the date of issuance of the lease under which such
exploration, development, or production is con-
ducted. 
(3) NATIONAL DEFENSE AREAS.—The United 
States reserves the right to designate by and 
through the Secretary of Defense, with the approval 
of the President, national defense areas on the 
Outer Continental Shelf pursuant to section 12(d) of 
the Outer Continental Shelf Lands Act (43 U.S.C. 
1341(d)). 
TITLE X—ADVANCING 
OFFSHORE WIND PRODUCTION 
SEC. 1001. SHORT TITLE. 
This title may be cited at the ‘‘Advancing Offshore 
Wind Production Act’’. 
SEC. 1002. OFFSHORE METEOROLOGICAL SITE TESTING 
AND MONITORING PROJECTS. 
(a) DEFINITION OF AN OFFSHORE METEOROLOG-
ICAL SITE TESTING AND MONITORING PROJECT.—In this 
section, the term ‘‘offshore meteorological site testing and 
monitoring project’’ means a project carried out on or in 
the waters of the Outer Continental Shelf administered 
by the Department of the Interior to test or monitor 
weather (including wind, tidal, current, and solar energy) 
using towers, buoys, or other temporary ocean infrastruc-
ture, that—
(1) causes— 
(A) less than 1 acre of surface or seafloor 
disruption at the location of each meteorological 
tower or other device; and 
(B) not more than 5 acres of surface or 
seafloor disruption within the proposed area af-
fected by for the project (including hazards to 
navigation); 
(2) is decommissioned not more than 5 years 
after the date of commencement of the project, in-
cluding— 
(A) removal of towers, buoys, or other tem-
porary ocean infrastructure from the project 
site; and 
(B) restoration of the project site to ap-
proximately the original condition of the site; 
and 
(3) provides meteorological information ob-
tained by the project to the Secretary of the Inte-
rior. 
(b) OFFSHORE METEOROLOGICAL PROJECT PERMIT-
TING.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior shall by regulation require that any applicant 
seeking to conduct an offshore meteorological site
testing and monitoring project on the outer Conti-
nental Shelf (as that term is defined in the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.)) must obtain a permit and right of way for the 
project in accordance with this subsection. 
(2) PERMIT AND RIGHT OF WAY TIMELINE AND 
CONDITIONS.— 
(A) DEADLINE FOR APPROVAL.—The Sec-
retary shall decide whether to issue a permit 
and right of way for an offshore meteorological 
site testing and monitoring project within 30 
days after receiving an application. 
(B) PUBLIC
COMMENT
AND
CONSULTA-
TION.—During the period referred to in sub-
paragraph (A), the Secretary shall— 
(i) provide an opportunity for submis-
sion of comments by the public; and 
(ii) consult with the Secretary of De-
fense, the Commandant of the Coast 
Guard, and the heads of other Federal, 
State, and local agencies that would be af-
fected by issuance of the permit and right 
of way. 
(C) DENIAL OF PERMIT; OPPORTUNITY TO 
REMEDY DEFICIENCIES.—If the application is
denied, the Secretary shall provide the appli-
cant— 
(i) in writing, clear and comprehensive 
reasons why the application was not ap-
proved and detailed information concerning 
any deficiencies in the application; and 
(ii) an opportunity to remedy such de-
ficiencies. 
(c) NEPA EXCLUSION.—Section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) shall not apply with respect to an offshore 
meteorological site testing and monitoring project. 
(d) PROTECTION OF INFORMATION.—The informa-
tion provided to the Secretary of the Interior pursuant to 
subsection (a)(3) shall be treated by the Secretary as pro-
prietary information and protected against disclosure. 
Passed the House of Representatives June 21, 2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. R. 4480 
AN ACT 
To provide for the development of a plan to in-
crease oil and gas exploration, development, and 
production under oil and gas leases of Federal 
lands under the jurisdiction of the Secretary of 
Agriculture, the Secretary of Energy, the Sec-
retary of the Interior, and the Secretary of De-
fense in response to a drawdown of petroleum re-
serves from the Strategic Petroleum Reserve.