136 
SEC. 1075. LEGAL FEES. 
Any person filing a petition seeking judicial review 
of any action, or failure to act, under this subtitle who 
is not a prevailing party shall pay to the prevailing parties 
(including intervening parties), other than the United 
States, fees and other expenses incurred by that party in 
connection with the judicial review, unless the Court finds 
that the position of the person was substantially justified 
or that special circumstances make an award unjust. 
SEC. 1076. EXCLUSION. 
This subtitle shall not apply with respect to disputes 
between the parties to a lease issued pursuant to an au-
thorizing leasing statute regarding the obligations of such 
lease or the alleged breach thereof. 
SEC. 1077. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) COVERED
ENERGY
DECISION.—The term 
‘‘covered energy decision’’ means any action or deci-
sion by a Federal official regarding the issuance of 
a covered energy lease. 
(2) COVERED ENERGY LEASE.—The term ‘‘cov-
ered energy lease’’ means any lease under this title 
or under an oil and gas leasing program under this 
title. 
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Subtitle G—Miscellaneous 
Provisions 
SEC. 1081. RULES REGARDING DISTRIBUTION OF REVE-
NUES UNDER GULF OF MEXICO ENERGY SE-
CURITY ACT OF 2006. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of the Interior 
shall issue rules to provide more clarity, certainty, and sta-
bility to the revenue streams contemplated by the Gulf of 
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 
note). 
(b) CONTENTS.—The rules shall include clarification 
of the timing and methods of disbursements of funds 
under section 105(b)(2) of such Act. 
SEC. 1082. SEISMIC TESTING IN THE ATLANTIC OUTER CON-
TINENTAL SHELF. 
Not later than December 31, 2014, the Bureau of 
Ocean Energy Management shall publish a record of deci-
sion on the Atlantic G&G Programmatic Final Environ-
mental Impact Statement. 
SEC. 1083. DISPOSITION OF QUALIFIED OUTER CONTI-
NENTAL SHELF REVENUES. 
The Gulf of Mexico Energy Security Act of 2006 
(title I of division C of Public Law 109–432; (43 U.S.C. 
1331 note)) is amended— 
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(1) by striking ‘‘2016’’ each place it appears 
and inserting ‘‘2014’’; and 
(2) by striking section 105(f). 
TITLE XI—ALASKAN ENERGY 
FOR AMERICAN JOBS ACT 
SEC. 2001. SHORT TITLE. 
This title may be cited as the ‘‘Alaskan Energy for 
American Jobs Act’’. 
SEC. 2002. DEFINITIONS. 
In this title: 
(1) COASTAL
PLAIN.—The term ‘‘Coastal 
Plain’’ means that area described in appendix I to 
part 37 of title 50, Code of Federal Regulations. 
(2) PEER
REVIEWED.—The term ‘‘peer re-
viewed’’ means reviewed— 
(A) by individuals chosen by the National 
Academy of Sciences with no contractual rela-
tionship with, or those who have no application 
for a grant or other funding pending with, the 
Federal agency with leasing jurisdiction; or 
(B) if individuals described in subpara-
graph (A) are not available, by the top individ-
uals in the specified biological fields, as deter-
mined by the National Academy of Sciences. 
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(3) SECRETARY.—The term ‘‘Secretary’’, except 
as otherwise provided, means the Secretary of the 
Interior or the Secretary’s designee. 
SEC. 2003. LEASING PROGRAM FOR LANDS WITHIN THE 
COASTAL PLAIN. 
(a) IN GENERAL.—The Secretary shall take such ac-
tions as are necessary— 
(1) to establish and implement, in accordance 
with this title 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 the exploration, development, and 
production of the oil and gas resources of the Coast-
al 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 
result in no significant adverse effect on fish and 
wildlife, their habitat, subsistence resources, and the 
environment, including, in furtherance of this goal, 
by requiring the application of the best commercially 
available technology for oil and gas exploration, de-
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140 
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. 
(b) REPEAL OF EXISTING RESTRICTION.— 
(1) REPEAL.—Section 1003 of the Alaska Na-
tional Interest Lands Conservation Act (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. 
(c) COMPLIANCE WITH REQUIREMENTS UNDER CER-
TAIN 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 
section in the Coastal Plain are deemed to be com-
patible with the purposes for which the Arctic Na-
tional Wildlife Refuge was established, and no fur-
ther findings or decisions are required to implement 
this determination. 
(2) ADEQUACY OF THE DEPARTMENT OF THE 
INTERIOR’S LEGISLATIVE ENVIRONMENTAL IMPACT 
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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 (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 require-
ments under the National Environmental Policy Act 
of 1969 that apply with respect to prelease activities 
under this title, including actions authorized to be 
taken by the Secretary to develop and promulgate 
the regulations for the establishment of a leasing 
program authorized by this title before the conduct 
of the first lease sale. 
(3) COMPLIANCE WITH NEPA FOR OTHER AC-
TIONS.—Before conducting the first lease sale under 
this title, 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 title that are not referred to 
in paragraph (2). Notwithstanding any other law, 
the Secretary is not required to identify nonleasing 
alternative courses of action or to analyze the envi-
ronmental effects of such courses of action. The Sec-
retary shall only identify a preferred action for such 
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leasing and a single leasing alternative, and analyze 
the environmental effects and potential mitigation 
measures for those two alternatives. The identifica-
tion of the preferred action and related analysis for 
the first lease sale under this title shall be completed 
within 18 months after the date of enactment of this 
Act. The Secretary shall only consider public com-
ments that specifically address the Secretary’s pre-
ferred action and that are filed within 20 days after 
publication of an environmental analysis. Notwith-
standing any other law, compliance with this para-
graph is deemed to satisfy all requirements for the 
analysis and consideration of the environmental ef-
fects of proposed leasing under this title. 
(d) RELATIONSHIP TO STATE AND LOCAL AUTHOR-
ITY.—Nothing in this title shall be considered to expand 
or limit State and local regulatory authority. 
(e) SPECIAL AREAS.— 
(1) IN
GENERAL.—The Secretary, after con-
sultation with the State of Alaska, the city of 
Kaktovik, and the North Slope Borough, may des-
ignate up to a total of 45,000 acres of the Coastal 
Plain as a Special Area if the Secretary determines 
that the Special Area is of such unique character 
and interest so as to require special management 
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143 
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 tracts located outside the 
Special Area. 
(f) 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 title. 
(g) REGULATIONS.— 
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144 
(1) IN
GENERAL.—The Secretary shall pre-
scribe such regulations as may be necessary to carry 
out this title, including regulations relating to pro-
tection of the fish and wildlife, their habitat, subsist-
ence resources, and environment of the Coastal 
Plain, by no later than 15 months after the date of 
enactment of this Act. 
(2) REVISION
OF
REGULATIONS.—The Sec-
retary shall, through a rulemaking conducted in ac-
cordance with section 553 of title 5, United States 
Code, periodically review and, if appropriate, revise 
the regulations issued under subsection (a) to reflect 
a preponderance of the best available scientific evi-
dence that has been peer reviewed and obtained by 
following appropriate, documented scientific proce-
dures, the results of which can be repeated using 
those same procedures. 
SEC. 2004. LEASE SALES. 
(a) IN GENERAL.—Lands may be leased under this 
title 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.). 
(b) PROCEDURES.—The Secretary shall, by regula-
tion and no later than 180 days after the date of enact-
ment of this title, establish procedures for— 
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(1) receipt and consideration of sealed nomina-
tions for any area of the Coastal Plain for inclusion 
in, or exclusion (as provided in subsection (c)) from, 
a lease sale; 
(2) the holding of lease sales after such nomina-
tion process; and 
(3) public notice of and comment on designa-
tion of areas to be included in, or excluded from, a 
lease sale. 
(c) LEASE SALE BIDS.—Lease sales under this title 
may be conducted through an Internet leasing program, 
if the Secretary determines that such a system will result 
in savings to the taxpayer, an increase in the number of 
bidders participating, and higher returns than oral bidding 
or a sealed bidding system. 
(d) SALE ACREAGES AND SCHEDULE.— 
(1) The Secretary shall offer for lease under 
this title those tracts the Secretary considers to have 
the greatest potential for the discovery of hydro-
carbons, taking into consideration nominations re-
ceived pursuant to subsection (b)(1). 
(2) The Secretary shall offer for lease under 
this title no less than 50,000 acres for lease within 
22 months after the date of the enactment of this 
title. 
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146 
(3) The Secretary shall offer for lease under 
this title no less than an additional 50,000 acres at 
6-, 12-, and 18-month intervals following offering 
under paragraph (2). 
(4) The Secretary shall conduct four additional 
sales under the same terms and schedule no later 
than two years after the date of the last sale under 
paragraph (3), if sufficient interest in leasing exists 
to warrant, in the Secretary’s judgment, the conduct 
of such sales. 
(5) The Secretary shall evaluate the bids in 
each sale and issue leases resulting from such sales, 
within 90 days after the date of the completion of 
such sale. 
SEC. 2005. GRANT OF LEASES BY THE SECRETARY. 
(a) IN GENERAL.—The Secretary may grant to the 
highest responsible qualified bidder in a lease sale con-
ducted under section 2004 any lands to be leased on the 
Coastal Plain upon payment by the such bidder of such 
bonus as may be accepted by the Secretary. 
(b) SUBSEQUENT
TRANSFERS.—No lease issued 
under this title may be sold, exchanged, assigned, sublet, 
or otherwise transferred except with the approval of the 
Secretary. Prior to any such approval the Secretary shall 
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147 
consult with, and give due consideration to the views of, 
the Attorney General. 
SEC. 2006. LEASE TERMS AND CONDITIONS. 
An oil or gas lease issued under this title shall— 
(1) provide for the payment of a royalty of not 
less than 121⁄2 percent in amount or value of the 
production removed or sold under the lease, as de-
termined by the Secretary under the regulations ap-
plicable to other Federal oil and gas leases; 
(2) provide that the Secretary may close, on a 
seasonal basis, portions of the Coastal Plain to ex-
ploratory drilling activities as necessary to protect 
caribou calving areas and other species of fish and 
wildlife based on a preponderance of the best avail-
able scientific evidence that has been peer reviewed 
and obtained by following appropriate, documented 
scientific procedures, the results of which can be re-
peated using those same procedures; 
(3) 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 
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148 
lessee or by any of the subcontractors or agents of 
the lessee; 
(4) 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; 
(5) provide that the standard of reclamation for 
lands required to be reclaimed under this title 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 les-
see, to a higher or better use as certified by the Sec-
retary; 
(6) contain terms and conditions relating to 
protection of fish and wildlife, their habitat, subsist-
ence resources, and the environment as required 
pursuant to section 2003(a)(2); 
(7) 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 
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149 
Natives and Alaska Native corporations from 
throughout the State; 
(8) prohibit the export of oil produced under 
the lease; and 
(9) contain such other provisions as the Sec-
retary determines necessary to ensure compliance 
with this title and the regulations issued under this 
title. 
SEC. 2007. POLICIES REGARDING BUYING, BUILDING, AND 
WORKING FOR AMERICA. 
(a) CONGRESSIONAL INTENT.—It is the intent of the 
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 and offshore to en-
courage 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-
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150 
dustrial facilities to support expanded access to 
American 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 
development on the Coastal Plain. 
SEC. 2008. COASTAL PLAIN ENVIRONMENTAL PROTECTION. 
(a) NO SIGNIFICANT ADVERSE EFFECT STANDARD 
TO GOVERN AUTHORIZED COASTAL PLAIN ACTIVITIES.— 
The Secretary shall, consistent with the requirements of 
section 2003, administer this title through regulations, 
lease terms, conditions, restrictions, prohibitions, stipula-
tions, and other provisions that— 
(1) ensure the oil and gas exploration, develop-
ment, and production activities on the Coastal Plain 
will result in no significant adverse effect on fish 
and wildlife, their habitat, and the environment; 
(2) require the application of the best commer-
cially available technology for oil and gas explo-
ration, development, and production on all new ex-
ploration, development, and production operations; 
and 
(3) ensure that the maximum amount of sur-
face acreage covered by production and support fa-
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151 
cilities, including airstrips and any areas covered by 
gravel berms or piers for support of pipelines, does 
not exceed 10,000 acres on the Coastal Plain for 
each 100,000 acres of area leased. 
(b) SITE-SPECIFIC ASSESSMENT AND MITIGATION.— 
The Secretary shall also require, with respect to any pro-
posed drilling and related activities, that— 
(1) a site-specific analysis be made of the prob-
able effects, if any, that the drilling or related activi-
ties will have on fish and wildlife, their habitat, sub-
sistence resources, and the environment; 
(2) a plan be implemented to avoid, minimize, 
and mitigate (in that order and to the extent prac-
ticable) any significant adverse effect identified 
under paragraph (1); and 
(3) the development of the plan shall occur 
after consultation with the agency or agencies hav-
ing jurisdiction over matters mitigated by the plan. 
(c) REGULATIONS TO PROTECT COASTAL PLAIN 
FISH AND WILDLIFE RESOURCES, SUBSISTENCE USERS, 
AND THE ENVIRONMENT.—Before implementing the leas-
ing program authorized by this title, the Secretary shall 
prepare and promulgate regulations, lease terms, condi-
tions, restrictions, prohibitions, stipulations, and other 
measures designed to ensure that the activities undertaken 
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on the Coastal Plain under this title are conducted in a 
manner consistent with the purposes and environmental 
requirements of this title. 
(d) COMPLIANCE WITH FEDERAL AND STATE ENVI-
RONMENTAL LAWS AND OTHER REQUIREMENTS.—The 
proposed regulations, lease terms, conditions, restrictions, 
prohibitions, and stipulations for the leasing program 
under this title shall require compliance with all applicable 
provisions of Federal and State environmental law, and 
shall also require the following: 
(1) Standards at least as effective as the safety 
and environmental mitigation measures set forth in 
items 1 through 29 at pages 167 through 169 of the 
‘‘Final Legislative Environmental Impact State-
ment’’ (April 1987) on the Coastal Plain. 
(2) Seasonal limitations on exploration, develop-
ment, and related activities, where necessary, to 
avoid significant adverse effects during periods of 
concentrated fish and wildlife breeding, denning, 
nesting, spawning, and migration based on a prepon-
derance of the best available scientific evidence that 
has been peer reviewed and obtained by following 
appropriate, documented scientific procedures, the 
results of which can be repeated using those same 
procedures. 
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(3) That exploration activities, except for sur-
face geological studies, be limited to the period be-
tween approximately November 1 and May 1 each 
year and that exploration activities shall be sup-
ported, if necessary, by ice roads, winter trails with 
adequate snow cover, ice pads, ice airstrips, and air 
transport methods, except that such exploration ac-
tivities may occur at other times if the Secretary 
finds that such exploration will have no significant 
adverse effect on the fish and wildlife, their habitat, 
and the environment of the Coastal Plain. 
(4) Design safety and construction standards 
for all pipelines and any access and service roads, 
that— 
(A) minimize, to the maximum extent pos-
sible, adverse effects upon the passage of mi-
gratory species such as caribou; and 
(B) minimize adverse effects upon the flow 
of surface water by requiring the use of cul-
verts, bridges, and other structural devices. 
(5) Prohibitions on general public access and 
use on all pipeline access and service roads. 
(6) Stringent reclamation and rehabilitation re-
quirements, consistent with the standards set forth 
in this title, requiring the removal from the Coastal 
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Plain of all oil and gas development and production 
facilities, structures, and equipment upon completion 
of oil and gas production operations, except that the 
Secretary may exempt from the requirements of this 
paragraph those facilities, structures, or equipment 
that the Secretary determines would assist in the 
management of the Arctic National Wildlife Refuge 
and that are donated to the United States for that 
purpose. 
(7) Appropriate prohibitions or restrictions on 
access by all modes of transportation. 
(8) Appropriate prohibitions or restrictions on 
sand and gravel extraction. 
(9) Consolidation of facility siting. 
(10) Appropriate prohibitions or restrictions on 
use of explosives. 
(11) Avoidance, to the extent practicable, of 
springs, streams, and river systems; the protection 
of natural surface drainage patterns, wetlands, and 
riparian habitats; and the regulation of methods or 
techniques for developing or transporting adequate 
supplies of water for exploratory drilling. 
(12) Avoidance or minimization of air traffic-re-
lated disturbance to fish and wildlife. 
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(13) Treatment and disposal of hazardous and 
toxic wastes, solid wastes, reserve pit fluids, drilling 
muds and cuttings, and domestic wastewater, includ-
ing an annual waste management report, a haz-
ardous materials tracking system, and a prohibition 
on chlorinated solvents, in accordance with applica-
ble Federal and State environmental law. 
(14) Fuel storage and oil spill contingency plan-
ning. 
(15) Research, monitoring, and reporting re-
quirements. 
(16) Field crew environmental briefings. 
(17) Avoidance of significant adverse effects 
upon subsistence hunting, fishing, and trapping by 
subsistence users. 
(18) Compliance with applicable air and water 
quality standards. 
(19) Appropriate seasonal and safety zone des-
ignations around well sites, within which subsistence 
hunting and trapping shall be limited. 
(20) Reasonable stipulations for protection of 
cultural and archeological resources. 
(21) All other protective environmental stipula-
tions, restrictions, terms, and conditions deemed 
necessary by the Secretary. 
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(e) 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. 
(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. 
(f) 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. 
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(2) OBJECTIVES.—The plan shall have the fol-
lowing objectives: 
(A) Avoiding unnecessary duplication of fa-
cilities and activities. 
(B) Encouraging consolidation of common 
facilities and activities. 
(C) Locating or confining facilities and ac-
tivities to areas that will minimize impact on 
fish and wildlife, their habitat, and the environ-
ment. 
(D) Utilizing existing facilities wherever 
practicable. 
(E) Enhancing compatibility between wild-
life values and development activities. 
(g) ACCESS
TO PUBLIC LANDS.—The Secretary 
shall— 
(1) manage public lands in the Coastal Plain 
subject to section 811 of the Alaska National Inter-
est 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. 
SEC. 2009. EXPEDITED JUDICIAL REVIEW. 
(a) FILING OF COMPLAINT.— 
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(1) DEADLINE.—Subject to paragraph (2), any 
complaint seeking judicial review— 
(A) of any provision of this title shall be 
filed by not later than 1 year after the date of 
enactment of this Act; or 
(B) of any action of the Secretary under 
this title shall be filed— 
(i) except as provided in clause (ii), 
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. 
(2) VENUE.—Any complaint seeking judicial re-
view of any provision of this title or any action of 
the Secretary under this title may be filed only in 
the United States Court of Appeals for the District 
of Columbia. 
(3) LIMITATION
ON
SCOPE
OF
CERTAIN
RE-
VIEW.—Judicial review of a Secretarial decision to 
conduct a lease sale under this title, including the 
environmental analysis thereof, shall be limited to 
whether the Secretary has complied with this title 
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and shall be based upon the administrative record of 
that decision. The Secretary’s identification of a pre-
ferred course of action to enable leasing to proceed 
and the Secretary’s analysis of environmental effects 
under this title shall be presumed to be correct un-
less shown otherwise by clear and convincing evi-
dence to the contrary. 
(b) 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 proceeding for enforcement. 
(c) LIMITATION ON ATTORNEYS’ FEES AND COURT 
COSTS.—No person seeking judicial review of any action 
under this title shall receive payment from the Federal 
Government for their attorneys’ fees and other court costs, 
including under any provision of law enacted by the Equal 
Access to Justice Act (5 U.S.C. 504 note). 
SEC. 2010. TREATMENT OF REVENUES. 
Notwithstanding any other provision of law, 50 per-
cent of the amount of bonus, rental, and royalty revenues 
from Federal oil and gas leasing and operations author-
ized under this title shall be deposited in the Treasury. 
SEC. 2011. 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 
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transportation of oil and gas produced under leases under 
this title— 
(1) except as provided in paragraph (2), under 
section 28 of the Mineral Leasing Act (30 U.S.C. 
185), without regard to title XI of the Alaska Na-
tional Interest Lands Conservation Act (16 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 2003(g) provisions granting 
rights-of-way and easements described in subsection (a) 
of this section. 
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SEC. 2012. CONVEYANCE. 
In order to maximize Federal revenues by removing 
clouds on title to lands and clarifying land ownership pat-
terns within the Coastal Plain, the Secretary, notwith-
standing section 1302(h)(2) of the Alaska National Inter-
est Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 
convey— 
(1) to the Kaktovik Inupiat Corporation the 
surface estate of the lands described in paragraph 1 
of Public Land Order 6959, to the extent necessary 
to fulfill the Corporation’s entitlement under sec-
tions 12 and 14 of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1611 and 1613) in accordance 
with the terms and conditions of the Agreement be-
tween the Department of the Interior, the United 
States Fish and Wildlife Service, the Bureau of 
Land Management, and the Kaktovik Inupiat Cor-
poration dated 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. 
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162 
TITLE XII—STATE CONTROL ON 
ALL AVAILABLE FEDERAL LAND 
SEC. 3001. STATE CONTROL 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.— 
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(1) IN GENERAL.—A State— 
(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 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 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 resource on any available Federal 
land within the borders of the State in accordance 
with a program certified under paragraph (2), the 
permit or lease shall be considered to meet all appli-
cable requirements of Federal law (including regula-
tions). 
(d) JUDICIAL REVIEW.—Activities carried out in ac-
cordance with this title shall not be subject to judicial re-
view. 
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(e) ADMINISTRATIVE PROCEDURE ACT.—Activities 
carried out in accordance with this title shall not be sub-
ject to subchapter II of chapter 5, and chapter 7, of title 
5, United States Code (commonly known as the ‘‘Adminis-
trative Procedure Act’’). 
TITLE XIII—FEDERAL LANDS 
JOBS AND ENERGY SECURITY 
Subtitle A—Federal Lands Jobs 
and Energy Security 
SEC. 4001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Federal Lands 
Jobs and Energy Security Act’’. 
SEC. 4002. POLICIES REGARDING BUYING, BUILDING, AND 
WORKING FOR AMERICA. 
(a) CONGRESSIONAL INTENT.—It is the intent of the 
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; 
(2) to ensure a robust onshore energy produc-
tion industry and ensure that the benefits of devel-
opment support local communities, under this title, 
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the Secretary shall make every effort to promote the 
development of onshore American energy, and shall 
take into consideration the socioeconomic impacts, 
infrastructure requirements, and fiscal stability for 
local communities located within areas containing 
onshore energy resources; and 
(3) the Congress will monitor the deployment of 
personnel and material onshore to encourage the de-
velopment of American manufacturing to enable 
United States workers to benefit from this subtitle 
through good jobs and careers, as well as the estab-
lishment of important industrial facilities to support 
expanded access to American 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 subtitle. 
CHAPTER 1—ONSHORE OIL AND GAS 
PERMIT STREAMLINING 
SEC. 4101. SHORT TITLE. 
This chapter may be cited as the ‘‘Streamlining Per-
mitting of American Energy Act of 2014’’. 
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Subchapter A—Application for Permits To 
Drill Process Reform 
SEC. 4111. 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 
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accepted and detailed information con-
cerning any deficiencies; and 
‘‘(ii) an opportunity to remedy any de-
ficiencies. 
‘‘(C) APPLICATION DEEMED APPROVED.— 
If the Secretary has not made a decision on the 
application by the end of the 60-day period be-
ginning on the date the application is received 
by the Secretary, the application is deemed ap-
proved, except in cases in which existing reviews 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) or Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) 
are incomplete. 
‘‘(D) DENIAL
OF
PERMIT.—If the Sec-
retary decides not to issue a permit to drill in 
accordance with subparagraph (A), the Sec-
retary shall— 
‘‘(i) provide to the applicant a descrip-
tion of the reasons for the denial of the 
permit; 
‘‘(ii) allow the applicant to resubmit 
an application for a permit to drill during 
the 10-day period beginning on the date 
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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.’’. 
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SEC. 4112. SOLAR AND WIND RIGHT-OF-WAY RENTAL RE-
FORM. 
(a) IN GENERAL.—Subject to subsection (b), and 
notwithstanding any other provision of law, of fees col-
lected each fiscal year 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))— 
(1) no less than 25 percent shall be available, 
subject to appropriation, for use for solar and wind 
permitting and management activities by Depart-
ment of the Interior field offices responsible for the 
land where the fees were collected; 
(2) no less than 25 percent shall be available, 
subject to appropriation, for Bureau of Land Man-
agement solar and wind permit approval activities; 
and 
(3) no less than 25 percent shall be available, 
subject to appropriation, to the Secretary of the In-
terior for department-wide solar and wind permitting 
activities. 
(b) LIMITATION.—The amount used under subsection 
(a) each fiscal year shall not exceed $5,000,000. 
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Subchapter B—Administrative Protest 
Documentation Reform 
SEC. 4121. ADMINISTRATIVE PROTEST DOCUMENTATION 
REFORM. 
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 
226(p)) is further amended by adding at the end the fol-
lowing: 
‘‘(4) PROTEST FEE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
collect a $5,000 documentation fee to accom-
pany each protest for a lease, right-of-way, or 
application for permit to drill. 
‘‘(B) TREATMENT OF FEES.—Of all fees 
collected under this paragraph, 50 percent shall 
remain in the field office where they are col-
lected and used to process protests subject to 
appropriation.’’. 
Subchapter C—Permit Streamlining 
SEC. 4131. 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 
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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-
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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 
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(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 4111, 4112, and 4121. 
(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. 
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(g) DEFINITION.—For purposes of this section the 
term ‘‘energy projects’’ includes oil, natural gas, coal, and 
other energy projects as defined by the Secretary. 
SEC. 4132. ADMINISTRATION OF CURRENT LAW. 
Notwithstanding any other law, the Secretary of the 
Interior shall not require a finding of extraordinary cir-
cumstances in administering section 390 of the Energy 
Policy Act of 2005 (42 U.S.C. 15942). 
Subchapter D—Judicial Review 
SEC. 4141. DEFINITIONS. 
In this subchapter— 
(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 
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obligations under such lease, including regarding 
any alleged breach of the lease. 
SEC. 4142. 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. 4143. 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. 4144. EXPEDITION IN HEARING AND DETERMINING 
THE ACTION. 
The court shall endeavor to hear and determine any 
covered civil action as expeditiously as possible. 
SEC. 4145. 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. 
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SEC. 4146. 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. 4147. 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. 4148. 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. 
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Subchapter E—Knowing America’s Oil and 
Gas Resources 
SEC. 4151. FUNDING OIL AND GAS RESOURCE ASSESS-
MENTS. 
(a) IN GENERAL.—The Secretary of the Interior shall 
provide matching funding for joint projects with States to 
conduct oil and gas resource assessments on Federal lands 
with significant oil and gas potential. 
(b) COST SHARING.—The Federal share of the cost 
of activities under this section shall not exceed 50 percent. 
(c) RESOURCE ASSESSMENT.—Any resource assess-
ment under this section shall be conducted by a State, in 
consultation with the United States Geological Survey. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section a total of $50,000,000 for fiscal years 
2014 through 2017. 
CHAPTER 2—OIL AND GAS LEASING 
CERTAINTY 
SEC. 4161. SHORT TITLE. 
This chapter may be cited as the ‘‘Providing Leasing 
Certainty for American Energy Act of 2014’’. 
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SEC. 4162. MINIMUM ACREAGE REQUIREMENT FOR ON-
SHORE LEASE SALES. 
In conducting lease sales as required by section 17(a) 
of the Mineral Leasing Act (30 U.S.C. 226(a)), each year 
the Secretary of the Interior shall perform the following: 
(1) The Secretary shall offer for sale no less 
than 25 percent of the annual nominated acreage 
not previously made available for lease. Acreage of-
fered for lease pursuant to this paragraph shall not 
be subject to protest and shall be eligible for cat-
egorical exclusions under section 390 of the Energy 
Policy Act of 2005 (42 U.S.C. 15942), except that 
it shall not be subject to the test of extraordinary 
circumstances. 
(2) In administering this section, the Secretary 
shall only consider leasing of Federal lands that are 
available for leasing at the time the lease sale oc-
curs. 
SEC. 4163. 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. 
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‘‘(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-
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lations as emergency actions to conserve the resources of 
the United States.’’. 
SEC. 4164. 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. 4165. REDUCE REDUNDANT POLICIES. 
Bureau of Land Management Instruction Memo-
randum 2010–117 shall have no force or effect. 
SEC. 4166. STREAMLINED CONGRESSIONAL NOTIFICATION. 
Section 31(e) of the Mineral Leasing Act (30 U.S.C. 
188(e)) is amended in the matter following paragraph (4) 
by striking ‘‘at least thirty days in advance of the rein-
statement’’ and inserting ‘‘in an annual report’’. 
CHAPTER 3—OIL SHALE 
SEC. 4171. SHORT TITLE. 
This chapter may be cited as the ‘‘Protecting Invest-
ment in Oil Shale the Next Generation of Environmental, 
Energy, and Resource Security Act’’ or the ‘‘PIONEERS 
Act’’. 
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182 
SEC. 4172. EFFECTIVENESS OF OIL SHALE REGULATIONS, 
AMENDMENTS TO RESOURCE MANAGEMENT 
PLANS, AND RECORD OF DECISION. 
(a) REGULATIONS.—Notwithstanding any other law 
or regulation to the contrary, the final regulations regard-
ing oil shale management published by the Bureau of 
Land Management on November 18, 2008 (73 Fed. Reg. 
69,414) are deemed to satisfy all legal and procedural re-
quirements under any law, including the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), and the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of 
the Interior shall implement those regulations, including 
the oil shale leasing program authorized by the regula-
tions, without any other administrative action necessary. 
(b) AMENDMENTS
TO
RESOURCE
MANAGEMENT 
PLANS
AND RECORD
OF DECISION.—Notwithstanding 
any other law or regulation to the contrary, the November 
17, 2008 U.S. Bureau of Land Management Approved Re-
source Management Plan Amendments/Record of Decision 
for Oil Shale and Tar Sands Resources to Address Land 
Use Allocations in Colorado, Utah, and Wyoming and 
Final Programmatic Environmental Impact Statement are 
deemed to satisfy all legal and procedural requirements 
under any law, including the Federal Land Policy and 
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Management Act of 1976 (43 U.S.C. 1701 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
and the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), and the Secretary of the Interior 
shall implement the oil shale leasing program authorized 
by the regulations referred to in subsection (a) in those 
areas covered by the resource management plans amended 
by such amendments, and covered by such record of deci-
sion, without any other administrative action necessary. 
SEC. 4173. OIL SHALE LEASING. 
(a) ADDITIONAL RESEARCH
AND DEVELOPMENT 
LEASE SALES.—The Secretary of the Interior shall hold 
a lease sale within 180 days after the date of enactment 
of this Act offering an additional 10 parcels for lease for 
research, development, and demonstration of oil shale re-
sources, under the terms offered in the solicitation of bids 
for such leases published on January 15, 2009 (74 Fed. 
Reg. 10). 
(b) COMMERCIAL LEASE SALES.—No later than Jan-
uary 1, 2016, the Secretary of the Interior shall hold no 
less than 5 separate commercial lease sales in areas con-
sidered to have the most potential for oil shale develop-
ment, as determined by the Secretary, in areas nominated 
through public comment. Each lease sale shall be for an 
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area of not less than 25,000 acres, and in multiple lease 
blocs. 
CHAPTER 4—MISCELLANEOUS 
PROVISIONS 
SEC. 4181. RULE OF CONSTRUCTION. 
Nothing in this subtitle shall be construed to author-
ize the issuance of a lease under the Mineral Leasing Act 
(30 U.S.C. 181 et seq.) to any person designated for the 
imposition of sanctions pursuant to— 
(1) the Iran Sanctions Act of 1996 (50 U.S.C. 
1701 note), the Comprehensive Iran Sanctions, Ac-
countability and Divestiture Act of 2010 (22 U.S.C. 
8501 et seq.), the Iran Threat Reduction and Syria 
Human Rights Act of 2012 (22 U.S.C. 8701 et 
seq.), section 1245 of the National Defense Author-
ization Act for Fiscal Year 2012 (22 U.S.C. 8513a), 
or the Iran Freedom and Counter-Proliferation Act 
of 2012 (22 U.S.C. 8801 et seq.); 
(2) Executive Order No. 13622 (July 30, 
2012), Executive Order No. 13628 (October 9, 
2012), or Executive Order No. 13645 (June 3, 
2013); 
(3) Executive Order No. 13224 (September 23, 
2001) or Executive Order No. 13338 (May 11, 
2004); or 
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185 
(4) the Syria Accountability and Lebanese Sov-
ereignty Restoration Act of 2003 (22 U.S.C. 2151 
note). 
Subtitle B—Planning for American 
Energy 
SEC. 4201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Planning for Amer-
ican Energy Act of 2014’’. 
SEC. 4202. 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 
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promote the energy and national security of the 
United States in accordance with Bureau of Land 
Management’s mission of promoting the multiple use 
of Federal lands as set forth in the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.). 
‘‘(2) In developing this Strategy, the Secretary 
shall consult with the Administrator of the Energy 
Information Administration on the projected energy 
demands of the United States for the next 30-year 
period, and how energy derived from Federal on-
shore lands can put the United States on a trajec-
tory to meet that demand during the next 4-year pe-
riod. The Secretary shall consider how Federal lands 
will contribute to ensuring national energy security, 
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, 
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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-
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188 
crease in domestic production of oil, natural 
gas, coal, and other renewable sources from 
tribal lands for any federally recognized Indian 
tribe that elects to participate in facilitating en-
ergy production on its lands; 
‘‘(G) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in production of helium on Federal lands 
administered by the Bureau of Land Manage-
ment and the Forest Service; and 
‘‘(H) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of geothermal, 
solar, wind, or other renewable energy sources 
from ‘available lands’ (as such term is defined 
in section 203 of the Hawaiian Homes Commis-
sion Act, 1920 (42 Stat. 108 et seq.), and in-
cluding any other lands deemed by the Terri-
tory or State of Hawaii, as the case may be, to 
be included within that definition) that the 
agency or department of the government of the 
State of Hawaii that is responsible for the ad-
ministration of such lands selects to be used for 
such energy production. 
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‘‘(4) The Secretary shall consult with the Ad-
ministrator of the Energy Information Administra-
tion regarding the methodology used to arrive at its 
estimates for purposes of this section. 
‘‘(5) The Secretary has the authority to expand 
the energy development plan to include other energy 
production technology sources or advancements in 
energy on Federal lands. 
‘‘(6) The Secretary shall include in the Strategy 
a plan for addressing new demands for transmission 
lines and pipelines for distribution of oil and gas 
across Federal lands to ensure that energy produced 
can be distributed to areas of need. 
‘‘(b) TRIBAL OBJECTIVES.—It is the sense of Con-
gress that federally recognized Indian tribes may elect to 
set their own production objectives as part of the Strategy 
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 
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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. 
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191 
‘‘(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. 
‘‘(h) STRATEGIC AND CRITICAL ENERGY MINERALS 
DEFINED.—For purposes of this section, the term ‘stra-
tegic and critical energy minerals’ means those that are 
necessary for the Nation’s energy infrastructure including 
pipelines, refining capacity, electrical power generation 
and transmission, and renewable energy production and 
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those that are necessary to support domestic manufac-
turing, including but not limited to, materials used in en-
ergy generation, production, and transportation.’’. 
(b) FIRST QUADRENNIAL STRATEGY.—Not later 
than 18 months after the date of enactment of this Act, 
the Secretary of the Interior shall submit to Congress the 
first Quadrennial Federal Onshore Energy Production 
Strategy under the amendment made by subsection (a). 
Subtitle C—National Petroleum 
Reserve in Alaska Access 
SEC. 4301. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Petro-
leum Reserve Alaska Access Act’’. 
SEC. 4302. 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-
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193 
tion, and transportation of oil and natural gas from 
and through the Reserve. 
SEC. 4303. 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 2015 
through 2025.’’. 
SEC. 4304. NATIONAL PETROLEUM RESERVE IN ALASKA: 
PLANNING AND PERMITTING PIPELINE AND 
ROAD CONSTRUCTION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of the Interior, in consultation 
with other appropriate Federal agencies, shall facilitate 
and ensure permits, in a timely and environmentally re-
sponsible manner, for all surface development activities, 
including for the construction of pipelines and roads, nec-
essary to— 
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(1) develop and bring into production any areas 
within the National Petroleum Reserve in Alaska 
that are subject to oil and gas leases; and 
(2) transport oil and gas from and through the 
National Petroleum Reserve in Alaska in the most 
direct manner possible to existing transportation or 
processing infrastructure on the North Slope of 
Alaska. 
(b) TIMELINE.—The Secretary shall ensure that any 
Federal permitting agency shall issue permits in accord-
ance with the following timeline: 
(1) Permits for such construction for transpor-
tation of oil and natural gas produced under existing 
Federal oil and gas leases with respect to which the 
Secretary has issued a permit to drill shall be ap-
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 
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section 258.29 of title 40, Code of Federal Reg-
ulations. 
‘‘(J) RUN-ON AND RUN-OFF CONTROL SYS-
TEMS FOR LAND-BASED UNITS.—For all land-
fills and other land-based units, other than sur-
face impoundments, that receive coal combus-
tion residuals on or after the date of enactment 
of this section, the revised criteria for run-on 
and run-off control systems described in section 
258.26 of title 40, Code of Federal Regulations. 
‘‘(K) RUN-OFF
CONTROL
SYSTEMS
FOR 
SURFACE IMPOUNDMENTS.—For all surface im-
poundments that receive coal combustion re-
siduals on or 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 Regulations. 
‘‘(3) PERMIT PROGRAM IMPLEMENTATION FOR 
EXISTING STRUCTURES.— 
‘‘(A) NOTIFICATION.—Not later than the 
date on which a State submits a certification 
under subsection (b)(2), not later than 30 
months after the Administrator receives notice 
under subsection (e)(1)(A), or not later than 36 
months after the date of enactment of this sec-
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tion with respect to a coal combustion residuals 
permit program that is being implemented by 
the Administrator under subsection (e)(3), as 
applicable, the implementing agency shall notify 
owners or operators of structures that are re-
ceiving coal combustion residuals as of the date 
of enactment of this section within the State 
of— 
‘‘(i) the obligation to apply for and 
obtain a permit under subparagraph (C); 
and 
‘‘(ii) the requirements referred to in 
subparagraph (B). 
‘‘(B) COMPLIANCE
WITH
CERTAIN
RE-
QUIREMENTS.—Not later than 12 months after 
the date on which a State submits a certifi-
cation under subsection (b)(2), not later than 
42 months after the Administrator receives no-
tice under subsection (e)(1)(A), or not later 
than 48 months after the date of enactment of 
this section with respect to a coal combustion 
residuals permit program that is being imple-
mented by the Administrator under subsection 
(e)(3), as applicable, the implementing agency 
shall require owners or operators of structures 
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