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(1) ‘‘Control of Air Pollution From New Motor 
Vehicles: Tier 3 Motor Vehicle Emission and Fuel 
Standards’’, as described in the Unified Agenda of 
Federal Regulatory and Deregulatory Actions under 
Regulatory Identification Number 2060–AQ86, and 
any successor or substantially similar rule. 
(2) Any rule proposed after March 15, 2012, 
establishing or revising a standard of performance or 
emission standard under section 111 or 112 of the 
Clean Air Act (42 U.S.C. 7411, 7412) that is appli-
cable to petroleum refineries. 
(3) Any rule revising or supplementing the na-
tional ambient air quality standards for ozone under 
section 109 of the Clean Air Act (42 U.S.C. 7409). 
(b) OTHER RULES NOT AFFECTED.—Subsection (a) 
shall not affect the finalization of any rule other than the 
rules described in such subsection. 
SEC. 206. CONSIDERATION OF FEASIBILITY AND COST IN 
REVISING OR SUPPLEMENTING NATIONAL 
AMBIENT 
AIR 
QUALITY 
STANDARDS 
FOR 
OZONE. 
In revising or supplementing any national primary or 
secondary ambient air quality standards for ozone under 
section 109 of the Clean Air Act (42 U.S.C. 7409), the 
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Administrator of the Environmental Protection Agency 
shall take into consideration feasibility and cost. 
SEC. 207. FUEL REQUIREMENTS WAIVER AND STUDY. 
(a) WAIVER
OF FUEL REQUIREMENTS.—Section 
211(c)(4)(C) 
of 
the 
Clean 
Air 
Act 
(42 
U.S.C. 
7545(c)(4)(C)) is amended— 
(1) in clause (ii)(II), by inserting ‘‘a problem 
with distribution or delivery equipment necessary for 
the transportation or delivery of fuel or fuel addi-
tives,’’ after ‘‘equipment failure,’’; 
(2) in clause (iii)(II), by inserting before the 
semicolon at the end the following: ‘‘(except that the 
Administrator may extend the effectiveness of a 
waiver for more than 20 days if the Administrator 
determines that the conditions under clause (ii) sup-
porting a waiver determination will exist for more 
than 20 days)’’; 
(3) by redesignating the second clause (v) (re-
lating to the authority of the Administrator to ap-
prove certain State implementation plans) as clause 
(vi); and 
(4) by adding at the end the following: 
‘‘(vii) PRESUMPTIVE APPROVAL.—Notwithstanding 
any other provision of this subparagraph, if the Adminis-
trator does not approve or deny a request for a waiver 
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under this subparagraph within 3 days after receipt of the 
request, the request shall be deemed to be approved as 
received by the Administrator and the applicable fuel 
standards shall be deemed to be waived for the period of 
time requested.’’. 
(b) FUEL SYSTEM REQUIREMENTS HARMONIZATION 
STUDY.—Section 1509 of the Energy Policy Act of 2005 
(Public Law 109–58; 119 Stat. 1083) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(A), by inserting 
‘‘biofuels,’’ after ‘‘oxygenated fuel,’’; 
(B) in paragraph (2)— 
(i) in subparagraph (B)— 
(I) by redesignating clause (ii) as 
clause (iii); 
(II) in clause (i), by striking 
‘‘and’’ after the semicolon; and 
(III) by inserting after clause (i) 
the following: 
‘‘(i) the renewable fuel standard; 
and’’; and 
(IV) in subparagraph (G), by in-
serting ‘‘or Tier III’’ after ‘‘Tier II’’; 
and 
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(2) in subsection (b)(1), by striking ‘‘2008’’ 
and inserting ‘‘2014’’. 
TITLE III—QUADRENNIAL STRA-
TEGIC 
FEDERAL 
ONSHORE 
ENERGY PRODUCTION STRAT-
EGY 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Planning for American 
Energy Act of 2012’’. 
SEC. 302. ONSHORE DOMESTIC ENERGY PRODUCTION 
STRATEGIC PLAN. 
(a) IN GENERAL.—The Mineral Leasing Act (30 
U.S.C. 181 et seq.) is amended by redesignating section 
44 as section 45, and by inserting after section 43 the 
following: 
‘‘SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE 
ENERGY PRODUCTION STRATEGY. 
‘‘(a) IN GENERAL.— 
‘‘(1) The Secretary of the Interior (hereafter in 
this section referred to as ‘Secretary’), in consulta-
tion with the Secretary of Agriculture with regard to 
lands administered by the Forest Service, shall de-
velop and publish every 4 years a Quadrennial Fed-
eral Onshore Energy Production Strategy. This 
Strategy shall direct Federal land energy develop-
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ment and department resource allocation in order to 
promote the energy security of the United States. 
‘‘(2) In developing this Strategy, the Secretary 
shall consult with the Administrator of the Energy 
Information Administration on the projected energy 
demands of the United States for the next 30-year 
period, and how energy derived from Federal on-
shore lands can put the United States on a trajec-
tory to meet that demand during the next 4-year pe-
riod. The Secretary shall consider how Federal lands 
will contribute to ensuring national energy security, 
with a goal for increasing energy independence and 
production, during the next 4-year period. 
‘‘(3) The Secretary shall determine a domestic 
strategic production objective for the development of 
energy resources from Federal onshore lands. Such 
objective shall be— 
‘‘(A) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of oil and natural 
gas from the Federal onshore mineral estate, 
with a focus on lands held by the Bureau of 
Land Management and the Forest Service; 
‘‘(B) the best estimate, based upon com-
mercial and scientific data, of the expected in-
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crease in domestic coal production from Federal 
lands; 
‘‘(C) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of strategic and 
critical energy minerals from the Federal on-
shore mineral estate; 
‘‘(D) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in megawatts for electricity production 
from each of the following sources: wind, solar, 
biomass, hydropower, and geothermal energy 
produced on Federal lands administered by the 
Bureau of Land Management and the Forest 
Service; 
‘‘(E) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in unconventional energy production, 
such as oil shale; 
‘‘(F) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of oil, natural 
gas, coal, and other renewable sources from 
tribal lands for any federally recognized Indian 
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tribe that elects to participate in facilitating en-
ergy production on its lands; and 
‘‘(G) the best estimate, based upon com-
mercial and scientific data, of the expected in-
crease in domestic production of geothermal, 
solar, wind, or other renewable energy sources 
on lands defined as ‘available lands’ by section 
203 of the Hawaiian Homes Commission Act, 
1920, and any other lands deemed by the Terri-
tory or State of Hawaii, as the case may be, to 
be included within that definition. 
‘‘(4) The Secretary shall consult with the Ad-
ministrator of the Energy Information Administra-
tion regarding the methodology used to arrive at its 
estimates for purposes of this section. 
‘‘(5) The Secretary has the authority to expand 
the energy development plan to include other energy 
production technology sources or advancements in 
energy on Federal lands. 
‘‘(b) TRIBAL OBJECTIVES.—It is the sense of Con-
gress that federally recognized Indian tribes may elect to 
set their own production objectives as part of the Strategy 
under this section. The Secretary shall work in coopera-
tion with any federally recognized Indian tribe that elects 
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to participate in achieving its own strategic energy objec-
tives designated under this subsection. 
‘‘(c) EXECUTION OF THE STRATEGY.—The relevant 
Secretary shall have all necessary authority to make deter-
minations regarding which additional lands will be made 
available in order to meet the production objectives estab-
lished by strategies under this section. The Secretary shall 
also take all necessary actions to achieve these production 
objectives unless the President determines that it is not 
in the national security and economic interests of the 
United States to increase Federal domestic energy produc-
tion and to further decrease dependence upon foreign 
sources of energy. In administering this section, the rel-
evant Secretary shall only consider leasing Federal lands 
available for leasing at the time the lease sale occurs. 
‘‘(d) STATE, FEDERALLY
RECOGNIZED
INDIAN 
TRIBES, LOCAL GOVERNMENT, AND PUBLIC INPUT.—In 
developing each strategy, the Secretary shall solicit the 
input of affected States, federally recognized Indian tribes, 
local governments, and the public. 
‘‘(e) REPORTING.—The Secretary shall report annu-
ally to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and 
Natural Resources of the Senate on the progress of meet-
ing the production goals set forth in the strategy. The Sec-
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retary shall identify in the report projections for produc-
tion and capacity installations and any problems with leas-
ing, permitting, siting, or production that will prevent 
meeting the goal. In addition, the Secretary shall make 
suggestions to help meet any shortfalls in meeting the pro-
duction goals. 
‘‘(f) 
PROGRAMMATIC
ENVIRONMENTAL
IMPACT 
STATEMENT.—Not later than 12 months after the date 
of enactment of this section, in accordance with section 
102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)), the Secretary shall com-
plete a programmatic environmental impact statement. 
This programmatic environmental impact statement will 
be deemed sufficient to comply with all requirements 
under that Act for all necessary resource management and 
land use plans associated with the implementation of the 
strategy. 
‘‘(g) CONGRESSIONAL REVIEW.—At least 60 days 
prior to publishing a proposed strategy under this section, 
the Secretary shall submit it to the President and the Con-
gress, together with any comments received from States, 
federally recognized Indian tribes, and local governments. 
Such submission shall indicate why any specific rec-
ommendation of a State, federally recognized Indian tribe, 
or local government was not accepted.’’. 
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(b) FIRST QUADRENNIAL STRATEGY.—Not later 
than 18 months after the date of enactment of this Act, 
the Secretary of the Interior shall submit to Congress the 
first Quadrennial Federal Onshore Energy Production 
Strategy under the amendment made by subsection (a). 
SEC. 303. DEFINITIONS. 
For purposes of this title, the term ‘‘strategic and 
critical energy minerals’’ means those that are necessary 
for the Nation’s energy infrastructure including pipelines, 
refining capacity, electrical power generation and trans-
mission, and renewable energy production and those that 
are necessary to support domestic manufacturing, includ-
ing but not limited to, materials used in energy genera-
tion, production, and transportation. 
TITLE IV—ONSHORE OIL AND 
GAS LEASING CERTAINTY 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Providing Leasing 
Certainty for American Energy Act of 2012’’. 
SEC. 402. MINIMUM ACREAGE REQUIREMENT FOR ON-
SHORE LEASE SALES. 
In conducting lease sales as required by section 17(a) 
of the Mineral Leasing Act (30 U.S.C. 226(a)), each year 
the Secretary of the Interior shall perform the following: 
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(1) The Secretary shall offer for sale no less 
than 25 percent of the annual nominated acreage 
not previously made available for lease. Acreage of-
fered for lease pursuant to this paragraph shall not 
be subject to protest and shall be eligible for cat-
egorical exclusions under section 390 of the Energy 
Policy Act of 2005 (42 U.S.C. 15492), except that 
it shall not be subject to the test of extraordinary 
circumstances. 
(2) In administering this section, the Secretary 
shall only consider leasing of Federal lands that are 
available for leasing at the time the lease sale oc-
curs. 
SEC. 403. LEASING CERTAINTY. 
Section 17(a) of the Mineral Leasing Act (30 U.S.C. 
226(a)) is amended by inserting ‘‘(1)’’ before ‘‘All lands’’, 
and by adding at the end the following: 
‘‘(2)(A) The Secretary shall not withdraw any cov-
ered energy project issued under this Act without finding 
a violation of the terms of the lease by the lessee. 
‘‘(B) The Secretary shall not infringe upon lease 
rights under leases issued under this Act by indefinitely 
delaying issuance of project approvals, drilling and seismic 
permits, and rights of way for activities under such a 
lease. 
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‘‘(C) No later than 18 months after an area is des-
ignated as open under the current land use plan the Sec-
retary shall make available nominated areas for lease 
under the criteria in section 2. 
‘‘(D) Notwithstanding any other law, the Secretary 
shall issue all leases sold no later than 60 days after the 
last payment is made. 
‘‘(E) The Secretary shall not cancel or withdraw any 
lease parcel after a competitive lease sale has occurred and 
a winning bidder has submitted the last payment for the 
parcel. 
‘‘(F) Not later than 60 days after a lease sale held 
under this Act, the Secretary shall adjudicate any lease 
protests filed following a lease sale. If after 60 days any 
protest is left unsettled, said protest is automatically de-
nied and appeal rights of the protestor begin. 
‘‘(G) No additional lease stipulations may be added 
after the parcel is sold without consultation and agree-
ment of the lessee, unless the Secretary deems such stipu-
lations as emergency actions to conserve the resources of 
the United States.’’. 
SEC. 404. LEASING CONSISTENCY. 
Federal land managers must follow existing resource 
management plans and continue to actively lease in areas 
designated as open when resource management plans are 
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being amended or revised, until such time as a new record 
of decision is signed. 
SEC. 405. REDUCE REDUNDANT POLICIES. 
Bureau of Land Management Instruction Memo-
randum 2010–117 shall have no force or effect. 
TITLE V—STREAMLINED 
ENERGY PERMITTING 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Streamlining Permit-
ting of American Energy Act of 2012’’. 
Subtitle A—Application for Permits 
to Drill Process Reform 
SEC. 511. PERMIT TO DRILL APPLICATION TIMELINE. 
Section 17(p)(2) of the Mineral Leasing Act (30 
U.S.C. 226(p)(2)) is amended to read as follows: 
‘‘(2) APPLICATIONS FOR PERMITS TO DRILL RE-
FORM AND PROCESS.— 
‘‘(A) TIMELINE.—The Secretary shall de-
cide whether to issue a permit to drill within 30 
days after receiving an application for the per-
mit. The Secretary may extend such period for 
up to 2 periods of 15 days each, if the Sec-
retary has given written notice of the delay to 
the applicant. The notice shall be in the form 
of a letter from the Secretary or a designee of 
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the Secretary, and shall include the names and 
titles of the persons processing the application, 
the specific reasons for the delay, and a specific 
date a final decision on the application is ex-
pected. 
‘‘(B) NOTICE OF REASONS FOR DENIAL.— 
If the application is denied, the Secretary shall 
provide the applicant— 
‘‘(i) in writing, clear and comprehen-
sive reasons why the application was not 
accepted and detailed information con-
cerning any deficiencies; and 
‘‘(ii) an opportunity to remedy any de-
ficiencies. 
‘‘(C) APPLICATION DEEMED APPROVED.— 
If the Secretary has not made a decision on the 
application by the end of the 60-day period be-
ginning on the date the application is received 
by the Secretary, the application is deemed ap-
proved, except in cases in which existing reviews 
under the National Environmental Policy Act of 
1969 or Endangered Species Act of 1973 are 
incomplete. 
‘‘(D) DENIAL
OF
PERMIT.—If the Sec-
retary decides not to issue a permit to drill in 
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accordance with subparagraph (A), the Sec-
retary shall— 
‘‘(i) provide to the applicant a descrip-
tion of the reasons for the denial of the 
permit; 
‘‘(ii) allow the applicant to resubmit 
an application for a permit to drill during 
the 10-day period beginning on the date 
the applicant receives the description of 
the denial from the Secretary; and 
‘‘(iii) issue or deny any resubmitted 
application not later than 10 days after the 
date the application is submitted to the 
Secretary. 
‘‘(E) FEE.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other law, the Secretary shall collect a 
single $6,500 permit processing fee per ap-
plication from each applicant at the time 
the final decision is made whether to issue 
a permit under subparagraph (A). This fee 
shall not apply to any resubmitted applica-
tion. 
‘‘(ii) TREATMENT OF PERMIT PROC-
ESSING FEE.—Of all fees collected under 
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this paragraph, 50 percent shall be trans-
ferred to the field office where they are col-
lected and used to process protests, leases, 
and permits under this Act subject to ap-
propriation.’’. 
SEC. 512. SOLAR AND WIND RIGHT-OF-WAY RENTAL RE-
FORM. 
Notwithstanding any other provision of law, each fis-
cal year, of fees collected as annual wind energy and solar 
energy right-of-way authorization fees required under sec-
tion 504(g) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1764(g)), 50 percent shall be re-
tained by the Secretary of the Interior to be used, subject 
to appropriation, by the Bureau of Land Management to 
process permits, right-of-way applications, and other ac-
tivities necessary for renewable development, and, at the 
discretion of the Secretary, by the U.S. Fish and Wildlife 
Service or other Federal agencies involved in wind and 
solar permitting reviews to facilitate the processing of 
wind energy and solar energy permit applications on Bu-
reau of Land Management lands. 
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Subtitle B—Administrative Protest 
Documentation Reform 
SEC. 521. ADMINISTRATIVE PROTEST DOCUMENTATION RE-
FORM. 
Section 17(p) of the Mineral Leasing Act (30 U.S.C. 
226(p)) is further amended by adding at the end the fol-
lowing: 
‘‘(4) PROTEST FEE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
collect a $5,000 documentation fee to accom-
pany each protest for a lease, right of way, or 
application for permit to drill. 
‘‘(B) TREATMENT OF FEES.—Of all fees 
collected under this paragraph, 50 percent shall 
remain in the field office where they are col-
lected and used to process protests subject to 
appropriation.’’. 
Subtitle C—Permit Streamlining 
SEC. 531. IMPROVE FEDERAL ENERGY PERMIT COORDINA-
TION. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
(referred to in this section as the ‘‘Secretary’’) shall estab-
lish a Federal Permit Streamlining Project (referred to 
in this section as the ‘‘Project’’) in every Bureau of Land 
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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 511, 512, and 521. 
(f) SAVINGS PROVISION.—Nothing in this section af-
fects— 
(1) the operation of any Federal or State law; 
or 
(2) any delegation of authority made by the 
head of a Federal agency whose employees are par-
ticipating in the Project. 
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(g) DEFINITION.—For purposes of this section the 
term ‘‘energy projects’’ means oil, natural gas and renew-
able energy projects. 
SEC. 532. ADMINISTRATION OF CURRENT LAW. 
Notwithstanding any other law, the Secretary of the 
Interior shall not require a finding of extraordinary cir-
cumstances in administering section 390 of the Energy 
Policy Act of 2005. 
SEC. 533. POLICIES REGARDING BUYING, BUILDING, AND 
WORKING FOR AMERICA. 
(a) CONGRESSIONAL INTENT.—It is the intent of 
Congress that— 
(1) this title will support a healthy and growing 
United States domestic energy sector that, in turn, 
helps to reinvigorate American manufacturing, 
transportation, and service sectors by employing the 
vast talents of United States workers to assist in the 
development of energy from domestic sources; and 
(2) Congress will monitor the deployment of 
personnel and material onshore under this title to 
encourage the development of American technology 
and manufacturing to enable United States workers 
to benefit from this title through good jobs and ca-
reers, as well as the establishment of important in-
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dustrial facilities to support expanded access to 
American energy resources. 
(b) REQUIREMENT.—The Secretary of the Interior 
shall, when possible and practicable, encourage the use of 
United States workers and equipment manufactured in 
the United States in all construction related to mineral 
resource development under this title. 
Subtitle D—Judicial Review 
SEC. 541. DEFINITIONS. 
In this title— 
(1) the term ‘‘covered civil action’’ means a civil 
action containing a claim under section 702 of title 
5, United States Code, regarding agency action (as 
defined for the purposes of that section) affecting a 
covered energy project on Federal lands of the 
United States; and 
(2) the term ‘‘covered energy project’’ means 
the leasing of Federal lands of the United States for 
the exploration, development, production, processing, 
or transmission of oil, natural gas, wind, or any 
other source of energy, and any action under such 
a lease, except that the term does not include any 
disputes between the parties to a lease regarding the 
obligations under such lease, including regarding 
any alleged breach of the lease. 
VerDate Mar 15 2010 
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