123 
(2) shall take precedence over all other pending 
matters before the district court. 
(b) FAILURE TO COMPLY WITH DEADLINE.—If an 
interlocutory or final judgment, decree, or order has not 
been issued by the district court by the deadline described 
under this section, the cause or claim shall be dismissed 
with prejudice and all rights relating to such cause or 
claim shall be terminated. 
SEC. 354. ABILITY TO SEEK APPELLATE REVIEW. 
An interlocutory or final judgment, decree, or order 
of the district court in a proceeding that is subject to sec-
tion 351 may be reviewed by no other court except the 
Supreme Court. 
SEC. 355. DEADLINE FOR APPEAL TO THE SUPREME 
COURT. 
If a writ of certiorari has been granted by the Su-
preme Court pursuant to section 354, then— 
(1) the interlocutory or final judgment, decree, 
or order of the district court shall be resolved as ex-
peditiously as possible and in any event not more 
than 180 days after such interlocutory or final judg-
ment, decree, order of the district court is issued; 
and 
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124 
(2) all such proceedings shall take precedence 
over all other matters then before the Supreme 
Court. 
SEC. 356. COVERED ENERGY PROJECT DEFINED. 
In this chapter, the term ‘‘covered energy project’’ 
means any action or decision by the President or a Federal 
official regarding— 
(1) the leasing of Federal lands (including sub-
merged lands) for the exploration, development, pro-
duction, processing, or transmission of oil, natural 
gas, or any other source or form of energy, including 
actions and decisions regarding the selection or of-
fering of Federal lands for such leasing; or 
(2) any action under such a lease. 
SEC. 357. LIMITATION ON APPLICATION. 
This chapter shall not apply with respect to a covered 
energy project to the extent such application would be in-
consistent with chapter 3. 
CHAPTER 3—PERMITTING REFORM 
SEC. 361. PURPOSES. 
The purposes of this chapter are to— 
(1) respond to the Nation’s increased need for 
domestic energy resources; 
(2) facilitate interagency coordination and co-
operation in the processing of permits required to 
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support oil and gas use authorization on Federal 
lands, both onshore and on the Outer Continental 
Shelf, in order to achieve greater consistency, cer-
tainty, and timeliness in permit processing require-
ments; 
(3) promote process streamlining and increased 
interagency efficiency, including elimination of inter-
agency duplication of effort; 
(4) improve information sharing among agen-
cies and understanding of respective agency roles 
and responsibilities; 
(5) promote coordination with State agencies 
with expertise and responsibilities related to Federal 
oil and gas permitting decisions; 
(6) promote responsible stewardship of Federal 
oil and gas resources; 
(7) maintain high standards of safety and envi-
ronmental protection; and 
(8) enhance the benefits to Federal permitting 
already occurring as a result of a coordinated and 
timely interagency process for oil and gas permit re-
view for certain Federal oil and gas leases. 
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126 
SEC. 362. FEDERAL COORDINATOR. 
(a) ESTABLISHMENT.—There is established, as an 
independent agency in the Executive Branch, the Office 
of the Federal Oil and Gas Permit Coordinator. 
(b) FEDERAL PERMIT COORDINATOR.—The Office 
shall be headed by a Federal Permit Coordinator, who 
shall be appointed by the President within 90 days after 
the date of enactment of this Act. 
(c) DUTIES.—The Federal Permit Coordinator shall 
be responsible for the following: 
(1) Coordinating the timely completion of all 
permitting activities by Federal agencies, and State 
agencies to the maximum extent practicable, with re-
spect to any oil and gas project under a Federal 
lease issued pursuant to the mineral leasing laws, ei-
ther onshore or on the Outer Continental Shelf. For 
purposes of this chapter only, such oil and gas 
projects shall include oil shale projects under Fed-
eral oil shale leases. 
(2) Ensuring the compliance of Federal agen-
cies, and State agencies to the extent they partici-
pate, with this chapter. 
SEC. 363. REGIONAL OFFICES AND REGIONAL PERMIT CO-
ORDINATORS. 
(a) REGIONAL OFFICES.—Within 90 days after the 
date of appointment of the Federal Permit Coordinator, 
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the Secretary of the Interior (Secretary), in consultation 
with the Federal Permit Coordinator, shall establish re-
gional offices to coordinate review of Federal permits for 
oil and gas projects on Federal lands onshore and on the 
Outer Continental Shelf. 
(b) NUMBER
AND LOCATION
OF REGIONAL OF-
FICES.—The number of regional offices shall be estab-
lished by the Secretary in consultation with the Federal 
Permit Coordinator. The Secretary shall ensure that there 
is an adequate number of offices in each region proximate 
to available Federal oil and gas lease tracts onshore and 
on the Outer Continental Shelf to meet the demands for 
expeditious permitting in that region. The Secretary shall 
designate as regional offices under this section all offices 
established under section 365 of the Energy Policy Act 
of 2005 (42 U.S.C. 15924). 
(c) MEMORANDUM OF UNDERSTANDING.—Within 90 
days after the appointment of the Federal Permit Coordi-
nator, the Federal Permit Coordinator, the Secretary, the 
Secretary of Agriculture, the Secretary of Commerce, the 
Secretary of Homeland Security, the Administrator of the 
Environmental Protection Agency, the Secretary of De-
fense, and the head of any other Federal agency with re-
sponsibilities related to permitting of Federal oil and gas 
leases, shall enter into a memorandum of understanding 
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128 
(MOU) establishing respective duties and responsibilities 
for staffing the regional offices and accomplishing the ob-
jectives of this section. 
(d) DESIGNATION OF QUALIFIED STAFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of signing of the MOU under subsection 
(c), all Federal signatory agencies shall assign to 
each regional office the appropriate employees with 
expertise in the oil and gas permitting issues relat-
ing to that office, including, but not limited, with re-
spect to— 
(A) consultation and preparation of bio-
logical opinions under section 7 of the Endan-
gered 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.); 
(E) the preparation of analyses under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) (NEPA); 
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(F) applications for permits to drill under 
the Mineral Leasing Act (30 U.S.C. 181 et 
seq.); and 
(G) exploration plans and development and 
production plans under the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.). 
(2) PREFERENCE
AND
INCENTIVES.—To the 
maximum extent practicable, for purposes of this 
subsection, Federal agencies shall give preference to 
employees volunteering for reassignment to the re-
gional offices, and shall offer incentives to attract 
and retain regional office employees, including, but 
not limited to, retaining contract employees, rota-
tional assignments, salary incentives of up to 120 
percent of an employee’s existing salary immediately 
prior to reassignment, or any combination of strate-
gies. 
(e) DUTIES.—Each employee assigned under sub-
section (d) shall— 
(1) within 90 days after the date of assignment, 
report to the regional office to which the employee 
is assigned; 
(2) be responsible for all issues relating to the 
jurisdiction of the home office or agency of the em-
ployee; and 
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130 
(3) participate as part of the team working on 
proposed oil and gas projects, planning, and environ-
mental analyses. 
(f) CREATION OF AND DELEGATION OF AUTHORITY 
TO REGIONAL PERMIT COORDINATORS.—The Federal 
Permit Coordinator shall appoint a Regional Permit Coor-
dinator to be located within each regional office estab-
lished under this section, with full authority to act on be-
half of the Federal Permit Coordinator. 
(g) ADDITIONAL PERSONNEL.—The Federal Permit 
Coordinator or Regional Permit Coordinators may at any 
time direct that any Federal agency party to the MOU 
under subsection (c) assign additional staff required to im-
plement the duties of the regional offices. 
SEC. 364. REVIEWS AND ACTIONS OF FEDERAL AGENCIES. 
(a) SCHEDULES
FOR TIMELY PERMIT DECISION-
MAKING.—Within 10 days after the date on which the Sec-
retary receives any oil and gas permit application or 
amended application, the Secretary shall either notify the 
applicant that the application is complete or notify the ap-
plicant that information is missing and specify the infor-
mation that is required to be submitted for the application 
to be complete. Within 30 days after notifying a permit 
applicant that an application is complete, the Secretary, 
in consultation with the permit applicant as necessary, 
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131 
shall determine and inform the Regional Permit Coordi-
nator responsible for that project area whether the pro-
posed permit is a class I, class II, or class III permit. The 
Regional Permit Coordinator shall as soon as possible but 
in no event later than 30 days following the Secretary’s 
determination establish a binding schedule to ensure the 
most expeditious possible review and processing of the re-
quested permit, in accordance with this section. 
(b) PERMIT CLASSES AND SCHEDULES.— 
(1) CLASS I PERMITS.—An oil and gas permit 
shall be designated as a class I permit under this 
section if the permitted activity is of a nature that 
would typically require preparation of an environ-
mental impact statement under NEPA to inform the 
permitting decision. For such permits, the Regional 
Permit Coordinator shall establish a schedule for 
timely completion of all permit reviews and proc-
essing, not to exceed 30 months. The Regional Per-
mit Coordinator shall make the schedule publicly 
available within 10 days after the schedule is estab-
lished. 
(2) CLASS II PERMITS.—An oil and gas permit 
shall be designated as a class II permit under this 
section if the permitted activity is of a nature that 
would typically be found not to significantly affect 
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132 
the quality of the human environment under NEPA. 
For such permits, the Regional Permit Coordinator 
shall establish the most expeditious schedule possible 
for completion of all permit reviews and processing, 
not to exceed 90 days. The Regional Permit Coordi-
nator may grant a one-time extension of that sched-
ule, not to exceed 60 days, upon a good cause show-
ing that additional time is necessary to complete 
permit decisions. Not later than 15 days after estab-
lishing or extending any schedule for a class II per-
mit, the Regional Permit Coordinator shall provide 
the permit applicant with the schedule. 
(3) CLASS III PERMITS.—Notwithstanding para-
graphs (1) and (2), an oil and gas permit shall be 
designated as a class III permit under this section 
if the permitted activity either qualifies for a statu-
tory or regulatory categorical exclusion under NEPA 
or if the requirements under NEPA and other appli-
cable law for the permit have been completed within 
30 days after the date of a complete application. For 
such permits, the permit shall be issued within 30 
days after the date of a complete application. 
(4) RECLASSIFICATION OF CLASS II PERMIT.— 
If prior to the expiration of the established schedule 
for a class II permit newly discovered information 
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133 
indicates that the class II permit will significantly 
affect the quality of the human environment, the 
Secretary may, in consultation with the permit appli-
cant, reclassify the permit as a class I permit under 
paragraph (1), and the Regional Coordinator shall 
establish an amended schedule that complies with 
the provisions of that paragraph. 
(c) REPORTING.—The Regional Permit Coordinators 
shall include data on all schedule timing and compliance 
in their reports to the Federal Permit Coordinator re-
quired under subsection (i), who shall include such data 
in the report to the President and Congress required 
under subsection (i). 
(d) DISPUTE RESOLUTION.—The Regional Permit 
Coordinator shall resolve all administrative issues that af-
fect oil and gas permit reviews. The Regional Permit Coor-
dinator shall report jointly to the Federal Permit Coordi-
nator and to the head of the relevant action agency, or 
his or her designee, for resolution of any issue regarding 
an oil and gas permit that may result in missing the 
schedule deadlines established pursuant to subsection (b). 
The Regional Permit Coordinators shall include data re-
garding the incidence and resolution of disputes under this 
subsection in their reports to the Federal Permit Coordi-
nator required under subsection (i), who shall include such 
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134 
reported data and develop recommendations in the report 
to the President and Congress required under subsection 
(i). 
(e) REMEDIES.—An applicant for a class I permit 
may bring a cause of action to seek expedited mandamus 
review, if a Regional Permit Coordinator or the Secretary 
fails to— 
(1) establish a schedule in accordance with sub-
section (b); 
(2) enforce and ensure completion of reviews 
within schedule deadlines; or 
(3) take all actions as are necessary and proper 
to avoid jeopardizing the timely completion of the 
entire schedule. 
If an agency fails to complete its review of and issue a 
decision upon a permit within the schedule established by 
the Court, that permit shall be deemed granted to the ap-
plicant. 
(f) PROHIBITION OF CERTAIN TERMS AND CONDI-
TIONS.—No Federal agency may include in any permit, 
right-of-way, or other authorization issued for an oil and 
gas project subject to the provisions of this chapter, any 
term or condition that may be authorized, but is not re-
quired, by the provisions of any applicable law, if the Fed-
eral Permit Coordinator determines that such term or con-
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135 
dition would prevent or impair in any significant respect 
completion of a permit review within the time schedule es-
tablished pursuant to subsection (b) or would otherwise 
impair in any significant respect expeditious oil and gas 
development. The Federal Permit Coordinator shall not 
have any authority to impose any terms, conditions, or re-
quirements beyond those imposed by any Federal law, 
agency, regulation, or lease term. 
(g) CONSOLIDATED RECORD.—The Federal Permit 
Coordinator, acting through the appropriate Regional Per-
mit Coordinator, with the cooperation of Federal and 
State administrative officials and agencies, shall maintain 
a complete, consolidated record of all decisions made or 
actions taken by the Federal Permit Coordinator or Re-
gional Permit Coordinator or by any Federal agency with 
respect to any oil and gas permit. 
(h) RELATIONSHIP TO NEPA AND ENERGY POLICY 
ACT OF 2005.— 
(1) Section 390(a) of the Energy Policy Act of 
2005 (42 U.S.C. 15942(a)) is amended— 
(A) by striking ‘‘rebuttable presumption 
that the use of a’’; and 
(B) by striking ‘‘would apply’’. 
(2) Section 17(p) of the Mineral Leasing Act 
(30 U.S.C. 226(p)) is repealed. 
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136 
(i) ADDITIONAL POWERS AND RESPONSIBILITIES.— 
(1) REGIONAL
PERMIT
COORDINATOR
RE-
PORTS.—The Regional Permit Coordinators shall 
each submit a report to the Federal Permit Coordi-
nator by December 31 of each year that documents 
each office’s performance in meeting the objectives 
under this chapter, including recommendations to 
further streamline the permitting process. 
(2) REDIRECTION
OF
PRIORITIES
OR
RE-
SOURCES.—In order to expedite overall permitting 
activity, the Federal Permit Coordinator may redi-
rect the priority of regional office activities or the al-
location of resources among such offices, and shall 
engage the agencies that are parties to the MOU to 
the extent such adjustments implicate their respec-
tive staffs or resources. 
(3) REPORT TO CONGRESS.—Beginning three 
years after the date of enactment of this Act, the 
Federal Permit Coordinator shall prepare and sub-
mit a report to the President and Congress by April 
15 of each year that outlines the results achieved 
under this chapter and makes recommendations to 
the President and Congress for further improve-
ments in processing oil and gas permits on Federal 
lands. 
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137 
SEC. 365. STATE COORDINATION. 
The Governor of any State wherein an oil and gas 
operation may require a Federal permit, or the coastline 
of which is in immediate geographic proximity to oil and 
gas operations on the Outer Continental Shelf, may be a 
signatory to the MOU for purposes of fulfilling any State 
responsibilities with respect to Federal oil and gas permit-
ting decisions. The Regional Permit Coordinators shall fa-
cilitate and coordinate concurrent State reviews of re-
quested permits for oil and gas projects on the Outer Con-
tinental Shelf. 
SEC. 366. SAVINGS PROVISION. 
Except as expressly stated, nothing in this chapter 
affects— 
(1) the applicability of any Federal or State 
law; or 
(2) any delegation of authority made by the 
head of a Federal agency the employees of which are 
participating in the implementation of this section. 
SEC. 367. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.—Any oil and gas per-
mitting decision for Federal lands onshore or on the Outer 
Continental Shelf that was issued in accordance with the 
procedures established by this chapter shall not be subject 
to further administrative review within the respective Fed-
eral agency responsible for that decision, and shall be the 
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138 
final decision of that agency for purposes of judicial re-
view. 
(b) EXCLUSIVE JURISDICTION OVER PERMIT DECI-
SIONS.—Only the United States District Court for the 
District of Columbia shall have original jurisdiction over 
any civil action for the review of such a permit decision. 
(c) LIMITATIONS ON CLAIMS.—Notwithstanding any 
other provision of law, any action arising under Federal 
law seeking judicial review of a permit, license, or approval 
issued by a Federal agency for an oil and gas permit sub-
ject to this chapter shall be barred unless it is filed within 
90 days of the date of the decision. Nothing in this chapter 
shall create a right to judicial review or places any limit 
on filing a claim that a person has violated the terms of 
a permit, license, or approval. 
(d) FILING OF RECORD.—When any civil action is 
brought pursuant to this chapter, the Federal Permit Co-
ordinator shall immediately prepare for the court a con-
solidated record. 
(e) EXPEDITED REVIEW.—Any action for judicial re-
view challenging a decision approved pursuant to this sec-
tion shall be set for consideration by not later than 90 
days after the date the action is filed. 
(f) EXPEDITED
MANDAMUS
REVIEW.—Notwith-
standing subsection (e), within 30 days after the filing of 
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139 
an action challenging or seeking to enforce an established 
permit review schedule for a class I permit, the court shall 
issue a decision either compelling permit issuance or sanc-
tioning the delay and establishing a new schedule that en-
ables the most expeditious possible completion of pro-
ceedings. In rendering its decision, the court shall review 
whether the agencies subject to the schedule have been 
acting in good faith, whether the permit applicant has 
been cooperating fully with the agencies that are respon-
sible for issuing the requested permits, and any other rel-
evant matters. The court may issue orders to enforce any 
schedule it establishes under this subsection. 
(g) NO PRIVATE RIGHT OF ACTION.—This chapter 
shall not be construed to create any additional right, ben-
efit, or trust responsibility, substantive or procedural, en-
forceable at law or equity, by a person against the United 
States, its agencies, its officers, or any person. 
(h) FINALITY
OF LEASING DECISIONS.—Notwith-
standing the provisions of any law or regulation to the 
contrary, a decision by the Bureau of Land Management 
or the Minerals Management Service to issue a Final No-
tice of Sale and proceed with an oil and gas lease sale 
pursuant to any mineral leasing law shall not be subject 
to further administrative review within the Department of 
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140 
the Interior, and shall be the final decision of the agency 
for purposes of judicial review. 
SEC. 368. AMENDMENTS TO PUBLICATION PROCESS. 
Section 18 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1344) is amended— 
(1) by amending subsection (c)(2) to read as 
follows: 
‘‘(2) The Secretary shall publish a proposed 
leasing program in the Federal Register, and shall 
submit a copy of such proposed program to the Gov-
ernor of each affected State, for review and com-
ment. The Governor may solicit comments from 
those executives of local governments in his State 
which he, in his discretion, determines will be af-
fected by the proposed program.’’; 
(2) by striking subsection (c)(3); and 
(3) in subsection (d)(2) by inserting ‘‘final’’ 
after ‘‘proposed’’. 
SEC. 369. REPEAL OF FEE FOR PERMITS TO DRILL. 
Public Law 110–161 is amended under the heading 
‘‘Bureau of Land Managementlmanagement of lands 
and resources’’ (121 Stat. 2098) by striking ‘‘to be re-
duced by amounts collected by the Bureau and credited 
to this appropriation that shall be derived from $4,000 
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141 
per new application for permit to drill that the Bureau 
shall collect upon submission of each new application,’’. 
SEC. 370. ALASKA OFFSHORE CONTINENTAL SHELF CO-
ORDINATION OFFICE. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
shall establish and maintain, in coordination with the 
Mayor of the North Slope Borough of Alaska, a separate 
office to be known as the Alaska Offshore Continental 
Shelf Coordination Office. 
(b) PURPOSE.—The purpose of the office shall be 
to— 
(1) coordinate the leasing of the Outer Conti-
nental Shelf off the coast of Alaska; 
(2) advise persons awarded such leases on local 
conditions and the history of areas affected by devel-
opment of the oil and gas resources of the Outer 
Continental Shelf off the coast of Alaska; 
(3) provide to the Committee on Natural Re-
sources of the House of Representatives and the 
Committee on Energy and Natural Resources of the 
Senate annual reports on the status of the coordina-
tion between such and communities affected by such 
development; 
(4) collect from residents of the North Slope of 
Alaska information regarding the impacts of such 
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142 
development on marine wildlife, coastal habitats, ma-
rine and coastal subsistence resources, and the ma-
rine and coastal environment of Alaska’s North 
Slope region; and 
(5) ensure that the information collected under 
paragraph (3) is submitted to— 
(A) developers of such resources; and 
(B) any appropriate Federal agency. 
Subtitle C—Relief From Regula-
tions 
and 
Prohibitions 
That 
Cause Artificial Price Increases 
CHAPTER 1—RELIEF FROM EPA CLIMATE 
CHANGE REGULATIONS AND FEDERAL 
PROHIBITIONS ON SYNTHETIC FUELS 
SEC. 371. REPEAL OF EPA CLIMATE CHANGE REGULATION. 
(a) GREENHOUSE GAS REGULATION UNDER CLEAN 
AIR ACT.—Section 302(g) of the Clean Air Act (42 U.S.C. 
7602(g)) is amended by adding the following at the end 
thereof: ‘‘The term ‘air pollutant’ shall not include carbon 
dioxide, water vapor, methane, nitrous oxide, hydrofluoro-
carbons, perfluorocarbons, or sulfur hexafluoride.’’. 
(b) NO REGULATION OF CLIMATE CHANGE.—Noth-
ing in the Clean Air Act (42 U.S.C. 7401 et seq.), the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), the National Environmental Policy Act of 1969 (42 
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143 
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), or the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.), shall be treated as authorizing 
or requiring the regulation of climate change or global 
warming. 
SEC. 372. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS 
PURCHASING REQUIREMENT. 
Section 526 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17142) is repealed. 
CHAPTER 2—REFINERY REFORM 
SEC. 381. REFINERY PERMITTING PROCESS. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) EXPANSION.—The term ‘‘expansion’’ means 
a physical change that results in an increase in the 
capacity of a refinery. 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(4) PERMIT.—The term ‘‘permit’’ means any 
permit, license, approval, variance, or other form of 
authorization that a refiner is required to obtain— 
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144 
(A) under any Federal law; or 
(B) from a State or Indian tribal govern-
ment agency delegated authority by the Federal 
Government, or authorized under Federal law, 
to issue permits. 
(5) REFINER.—The term ‘‘refiner’’ means a 
person that— 
(A) owns or operates a refinery; or 
(B) seeks to become an owner or operator 
of a refinery. 
(6) REFINERY.— 
(A) IN
GENERAL.—The term ‘‘refinery’’ 
means— 
(i) a facility at which crude oil is re-
fined into transportation fuel or other pe-
troleum products; and 
(ii) a coal liquification or coal-to-liquid 
facility at which coal is processed into syn-
thetic crude oil or any other fuel. 
(B) INCLUSIONS.—The term ‘‘refinery’’ in-
cludes an expansion of a refinery. 
(7) REFINERY PERMITTING AGREEMENT.—The 
term ‘‘refinery permitting agreement’’ means an 
agreement entered into between the Administrator 
and a State or Indian tribe under subsection (b). 
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