237 
preponderance of the evidence contained in the adminis-
trative record. 
SEC. 926. 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. 927. 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. 928. LEGAL STANDING. 
Challengers filing appeals with the Department of the 
Interior Board of Land Appeals shall meet the same 
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standing requirements as challengers before a United 
States district court. 
CHAPTER 2—OIL AND GAS LEASING 
CERTAINTY 
SEC. 931. SHORT TITLE. 
This chapter may be cited as the ‘‘Providing Leasing 
Certainty for American Energy Act of 2015’’. 
SEC. 932. 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. 
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SEC. 933. 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) After the conclusion of the public comment pe-
riod for a planned competitive lease sale, the Secretary 
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shall not cancel, defer, or withdraw any lease parcel an-
nounced to be auctioned in the lease sale. 
‘‘(G) Not later than 60 days after a lease sale held 
under this Act, the Secretary shall adjudicate any lease 
protests filed following a lease sale. If after 60 days any 
protest is left unsettled, said protest is automatically de-
nied and appeal rights of the protestor begin. 
‘‘(H) No additional lease stipulations may be added 
after the parcel is sold without consultation and agree-
ment of the lessee, unless the Secretary deems such stipu-
lations as emergency actions to conserve the resources of 
the United States.’’. 
SEC. 934. 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. 935. REDUCE REDUNDANT POLICIES. 
Bureau of Land Management Instruction Memo-
randum 2010–117 shall have no force or effect. 
SEC. 936. 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) 
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by striking ‘‘at least thirty days in advance of the rein-
statement’’ and inserting ‘‘in an annual report’’. 
CHAPTER 3—OIL SHALE 
SEC. 941. SHORT TITLE. 
This chapter may be cited as the ‘‘Protecting Invest-
ment in Oil Shale the Next Generation of Environmental, 
Energy, and Resource Security Act’’ or the ‘‘PIONEERS 
Act’’. 
SEC. 942. 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. 
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(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 
Resource Management Plan Amendments/Record of Deci-
sion for Oil Shale and Tar Sands Resources to Address 
Land Use Allocations in Colorado, Utah, and Wyoming 
and Final Programmatic Environmental Impact State-
ment 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 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 decision, without any other administrative action nec-
essary. 
SEC. 943. 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 
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research, development, and demonstration of oil shale re-
sources, under the terms offered in the solicitation of bids 
for such leases published on January 15, 2009 (74 Fed. 
Reg. 10). 
(b) COMMERCIAL LEASE SALES.—No later than Jan-
uary 1, 2016, the Secretary of the Interior shall hold no 
less than 5 separate commercial lease sales in areas con-
sidered to have the most potential for oil shale develop-
ment, as determined by the Secretary, in areas nominated 
through public comment. Each lease sale shall be for an 
area of not less than 25,000 acres, and in multiple lease 
blocs. 
Subtitle B—Planning for American 
Energy 
SEC. 951. SHORT TITLE. 
This subtitle may be cited as the ‘‘Planning for Amer-
ican Energy Act of 2015’’. 
SEC. 952. ONSHORE DOMESTIC ENERGY PRODUCTION 
STRATEGIC PLAN. 
(a) IN GENERAL.—The Mineral Leasing Act (30 
U.S.C. 181 et seq.) is amended by redesignating section 
44 as section 45, and by inserting after section 43 the 
following: 
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‘‘SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE 
ENERGY PRODUCTION STRATEGY. 
‘‘(a) IN GENERAL.— 
‘‘(1) The Secretary of the Interior (hereafter in 
this section referred to as ‘Secretary’), in consulta-
tion with the Secretary of Agriculture with regard to 
lands administered by the Forest Service, shall de-
velop and publish every 4 years a Quadrennial Fed-
eral Onshore Energy Production Strategy. This 
Strategy shall direct Federal land energy develop-
ment and department resource allocation in order to 
promote the energy and national security of the 
United States in accordance with Bureau of Land 
Management’s mission of promoting the multiple use 
of Federal lands as set forth in the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.). 
‘‘(2) In developing this Strategy, the Secretary 
shall consult with the Administrator of the Energy 
Information Administration on the projected energy 
demands of the United States for the next 30-year 
period, and how energy derived from Federal on-
shore lands can put the United States on a trajec-
tory to meet that demand during the next 4-year pe-
riod. The Secretary shall consider how Federal lands 
will contribute to ensuring national energy security, 
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with a goal for increasing energy independence and 
production, during the next 4-year period. 
‘‘(3) The Secretary shall determine a domestic 
strategic production objective for the development of 
energy resources from Federal onshore lands. Such 
objective shall be— 
‘‘(A) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of oil and natural 
gas from the Federal onshore mineral estate, 
with a focus on lands held by the Bureau of 
Land Management and the Forest Service; 
‘‘(B) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic coal production from Federal 
lands; 
‘‘(C) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of strategic and 
critical energy minerals from the Federal on-
shore mineral estate; 
‘‘(D) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in megawatts for electricity production 
from each of the following sources: wind, solar, 
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biomass, hydropower, and geothermal energy 
produced on Federal lands administered by the 
Bureau of Land Management and the Forest 
Service; 
‘‘(E) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in unconventional energy production, 
such as oil shale; 
‘‘(F) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of oil, natural 
gas, coal, and other renewable sources from 
tribal lands for any federally recognized Indian 
tribe that elects to participate in facilitating en-
ergy production on its lands; 
‘‘(G) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in production of helium on Federal lands 
administered by the Bureau of Land Manage-
ment and the Forest Service; and 
‘‘(H) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of geothermal, 
solar, wind, or other renewable energy sources 
from ‘available lands’ (as such term is defined 
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in section 203 of the Hawaiian Homes Commis-
sion Act, 1920 (42 Stat. 108 et seq.), and in-
cluding any other lands deemed by the Terri-
tory or State of Hawaii, as the case may be, to 
be included within that definition) that the 
agency or department of the government of the 
State of Hawaii that is responsible for the ad-
ministration of such lands selects to be used for 
such energy production. 
‘‘(4) The Secretary shall consult with the Ad-
ministrator of the Energy Information Administra-
tion regarding the methodology used to arrive at its 
estimates for purposes of this section. 
‘‘(5) The Secretary has the authority to expand 
the energy development plan to include other energy 
production technology sources or advancements in 
energy on Federal lands. 
‘‘(6) The Secretary shall include in the Strategy 
a plan for addressing new demands for transmission 
lines and pipelines for distribution of oil and gas 
across Federal lands to ensure that energy produced 
can be distributed to areas of need. 
‘‘(b) TRIBAL OBJECTIVES.—It is the sense of Con-
gress that federally recognized Indian tribes may elect to 
set their own production objectives as part of the Strategy 
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under this section. The Secretary shall work in coopera-
tion with any federally recognized Indian tribe that elects 
to participate in achieving its own strategic energy objec-
tives designated under this subsection. 
‘‘(c) EXECUTION OF THE STRATEGY.—The relevant 
Secretary shall have all necessary authority to make deter-
minations regarding which additional lands will be made 
available in order to meet the production objectives estab-
lished by strategies under this section. The Secretary shall 
also take all necessary actions to achieve these production 
objectives unless the President determines that it is not 
in the national security and economic interests of the 
United States to increase Federal domestic energy produc-
tion and to further decrease dependence upon foreign 
sources of energy. In administering this section, the rel-
evant Secretary shall only consider leasing Federal lands 
available for leasing at the time the lease sale occurs. 
‘‘(d) STATE, FEDERALLY
RECOGNIZED
INDIAN 
TRIBES, LOCAL GOVERNMENT, AND PUBLIC INPUT.—In 
developing each strategy, the Secretary shall solicit the 
input of affected States, federally recognized Indian tribes, 
local governments, and the public. 
‘‘(e) REPORTING.—The Secretary shall report annu-
ally to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and 
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Natural Resources of the Senate on the progress of meet-
ing the production goals set forth in the strategy. The Sec-
retary shall identify in the report projections for produc-
tion and capacity installations and any problems with leas-
ing, permitting, siting, or production that will prevent 
meeting the goal. In addition, the Secretary shall make 
suggestions to help meet any shortfalls in meeting the pro-
duction goals. 
‘‘(f) 
PROGRAMMATIC
ENVIRONMENTAL
IMPACT 
STATEMENT.—Not later than 12 months after the date 
of enactment of this section, in accordance with section 
102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)), the Secretary shall com-
plete a programmatic environmental impact statement. 
This programmatic environmental impact statement will 
be deemed sufficient to comply with all requirements 
under that Act for all necessary resource management and 
land use plans associated with the implementation of the 
strategy. 
‘‘(g) CONGRESSIONAL REVIEW.—At least 60 days 
prior to publishing a proposed strategy under this section, 
the Secretary shall submit it to the President and the Con-
gress, together with any comments received from States, 
federally recognized Indian tribes, and local governments. 
Such submission shall indicate why any specific rec-
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ommendation of a State, federally recognized Indian tribe, 
or local government was not accepted. 
‘‘(h) STRATEGIC AND CRITICAL ENERGY MINERALS 
DEFINED.—For purposes of this section, the term ‘stra-
tegic and critical energy minerals’ means those that are 
necessary for the Nation’s energy infrastructure including 
pipelines, refining capacity, electrical power generation 
and transmission, and renewable energy production and 
those that are necessary to support domestic manufac-
turing, including but not limited to, materials used in en-
ergy generation, production, and transportation.’’. 
(b) FIRST QUADRENNIAL STRATEGY.—Not later 
than 18 months after the date of enactment of this Act, 
the Secretary of the Interior shall submit to Congress the 
first Quadrennial Federal Onshore Energy Production 
Strategy under the amendment made by subsection (a). 
Subtitle C—National Petroleum 
Reserve in Alaska Access 
SEC. 961. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Petro-
leum Reserve Alaska Access Act’’. 
SEC. 962. SENSE OF CONGRESS AND REAFFIRMING NA-
TIONAL POLICY FOR THE NATIONAL PETRO-
LEUM RESERVE IN ALASKA. 
It is the sense of Congress that— 
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(1) the National Petroleum Reserve in Alaska 
remains explicitly designated, both in name and legal 
status, for purposes of providing oil and natural gas 
resources to the United States; and 
(2) accordingly, the national policy is to actively 
advance oil and gas development within the Reserve 
by facilitating the expeditious exploration, produc-
tion, and transportation of oil and natural gas from 
and through the Reserve. 
SEC. 963. 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 2017 
through 2027.’’. 
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SEC. 964. NATIONAL PETROLEUM RESERVE IN ALASKA: 
PLANNING AND PERMITTING PIPELINE AND 
ROAD CONSTRUCTION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of the Interior, in consultation 
with other appropriate Federal agencies, shall facilitate 
and ensure permits, in a timely and environmentally re-
sponsible manner, for all surface development activities, 
including for the construction of pipelines and roads, nec-
essary to— 
(1) develop and bring into production any areas 
within the National Petroleum Reserve in Alaska 
that are subject to oil and gas leases; and 
(2) transport oil and gas from and through the 
National Petroleum Reserve in Alaska in the most 
direct manner possible to existing transportation or 
processing infrastructure on the North Slope of 
Alaska. 
(b) TIMELINE.—The Secretary shall ensure that any 
Federal permitting agency shall issue permits in accord-
ance with the following timeline: 
(1) Permits for such construction for transpor-
tation of oil and natural gas produced under existing 
Federal oil and gas leases with respect to which the 
Secretary has issued a permit to drill shall be ap-
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proved within 60 days after the date of enactment 
of this Act. 
(2) Permits for such construction for transpor-
tation of oil and natural gas produced under Federal 
oil and gas leases shall be approved within 6 months 
after the submission to the Secretary of a request 
for a permit to drill. 
(c) PLAN.—To ensure timely future development of 
the Reserve, within 270 days after the date of the enact-
ment of this Act, the Secretary of the Interior shall submit 
to Congress a plan for approved rights-of-way for a plan 
for pipeline, road, and any other surface infrastructure 
that may be necessary infrastructure that will ensure that 
all leasable tracts in the Reserve are within 25 miles of 
an approved road and pipeline right-of-way that can serve 
future development of the Reserve. 
SEC. 965. ISSUANCE OF A NEW INTEGRATED ACTIVITY 
PLAN AND ENVIRONMENTAL IMPACT STATE-
MENT. 
(a) ISSUANCE
OF
NEW
INTEGRATED
ACTIVITY 
PLAN.—The Secretary of the Interior shall, within 180 
days after the date of enactment of this Act, issue— 
(1) a new proposed integrated activity plan 
from among the non-adopted alternatives in the Na-
tional Petroleum Reserve Alaska Integrated Activity 
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Plan Record of Decision issued by the Secretary of 
the Interior and dated February 21, 2013; and 
(2) an environmental impact statement under 
section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for 
issuance of oil and gas leases in the National Petro-
leum Reserve-Alaska to promote efficient and max-
imum development of oil and natural gas resources 
of such reserve. 
(b) NULLIFICATION OF EXISTING RECORD OF DECI-
SION, IAP, AND EIS.—Except as provided in subsection 
(a), the National Petroleum Reserve-Alaska Integrated 
Activity Plan Record of Decision issued by the Secretary 
of the Interior and dated February 21, 2013, including 
the integrated activity plan and environmental impact 
statement referred to in that record of decision, shall have 
no force or effect. 
SEC. 966. DEPARTMENTAL ACCOUNTABILITY FOR DEVEL-
OPMENT. 
The Secretary of the Interior shall issue regulations 
not later than 180 days after the date of enactment of 
this Act that establish clear requirements to ensure that 
the Department of the Interior is supporting development 
of oil and gas leases in the National Petroleum Reserve- 
Alaska. 
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SEC. 967. DEADLINES UNDER NEW PROPOSED INTEGRATED 
ACTIVITY PLAN. 
At a minimum, the new proposed integrated activity 
plan issued under section 965(a)(1) shall— 
(1) require the Department of the Interior to 
respond within 5 business days to a person who sub-
mits an application for a permit for development of 
oil and natural gas leases in the National Petroleum 
Reserve-Alaska acknowledging receipt of such appli-
cation; and 
(2) establish a timeline for the processing of 
each such application, that— 
(A) specifies deadlines for decisions and 
actions on permit applications; and 
(B) provides that the period for issuing 
each permit after submission of such an appli-
cation shall not exceed 60 days without the con-
currence of the applicant. 
SEC. 968. UPDATED RESOURCE ASSESSMENT. 
(a) IN GENERAL.—The Secretary of the Interior shall 
complete a comprehensive assessment of all technically re-
coverable fossil fuel resources within the National Petro-
leum Reserve in Alaska, including all conventional and un-
conventional oil and natural gas. 
(b) COOPERATION
AND CONSULTATION.—The re-
source assessment required by subsection (a) shall be car-
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ried out by the United States Geological Survey in co-
operation and consultation with the State of Alaska and 
the American Association of Petroleum Geologists. 
(c) TIMING.—The resource assessment required by 
subsection (a) shall be completed within 24 months of the 
date of the enactment of this Act. 
(d) FUNDING.—The United States Geological Survey 
may, in carrying out the duties under this section, coop-
eratively use resources and funds provided by the State 
of Alaska. 
Subtitle D—BLM Live Internet 
Auctions 
SEC. 971. SHORT TITLE. 
This subtitle may be cited as the ‘‘BLM Live Internet 
Auctions Act’’. 
SEC. 972. INTERNET-BASED ONSHORE OIL AND GAS LEASE 
SALES. 
(a) AUTHORIZATION.—Section 17(b)(1) of the Min-
eral Leasing Act (30 U.S.C. 226(b)(1)) is amended— 
(1) in subparagraph (A), in the third sentence, 
by inserting ‘‘, except as provided in subparagraph 
(C)’’ after ‘‘by oral bidding’’; and 
(2) by adding at the end the following: 
‘‘(C) In order to diversify and expand the Nation’s 
onshore leasing program to ensure the best return to the 
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Federal taxpayer, reduce fraud, and secure the leasing 
process, the Secretary may conduct onshore lease sales 
through Internet-based bidding methods. Each individual 
Internet-based lease sale shall conclude within 7 days.’’. 
(b) REPORT.—Not later than 90 days after the tenth 
Internet-based lease sale conducted under the amendment 
made by subsection (a), the Secretary of the Interior shall 
analyze the first 10 such lease sales and report to Con-
gress the findings of the analysis. The report shall in-
clude— 
(1) estimates on increases or decreases in such 
lease sales, compared to sales conducted by oral bid-
ding, in— 
(A) the number of bidders; 
(B) the average amount of bid; 
(C) the highest amount bid; and 
(D) the lowest bid; 
(2) an estimate on the total cost or savings to 
the Department of the Interior as a result of such 
sales, compared to sales conducted by oral bidding; 
and 
(3) an evaluation of the demonstrated or ex-
pected effectiveness of different structures for lease 
sales which may provide an opportunity to better 
maximize bidder participation, ensure the highest re-
VerDate Sep 11 2014 
04:09 Oct 08, 2015
Jkt 059200
PO 00000
Frm 00257
Fmt 6652
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E:\BILLS\H3682.IH
H3682
smartinez on DSK4TPTVN1PROD with BILLS