102 
HR 2 PCS
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 
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 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
103 
HR 2 PCS
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.’’. 
Subchapter B—Administrative Protest 
Documentation Reform 
SEC. 21121. 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-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
104 
HR 2 PCS
lected and used to process protests subject to 
appropriation.’’. 
Subchapter C—Permit Streamlining 
SEC. 21131. MAKING PILOT OFFICES PERMANENT TO IM-
PROVE ENERGY PERMITTING ON FEDERAL 
LANDS. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
(referred to in this section as the ‘‘Secretary’’) shall estab-
lish a Federal Permit Streamlining Project (referred to 
in this section as the ‘‘Project’’) in every Bureau of Land 
Management field office with responsibility for permitting 
energy projects on Federal land. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall enter into a memorandum of understanding for 
purposes of this section with— 
(A) the Secretary of Agriculture; 
(B) the Administrator of the Environ-
mental Protection Agency; and 
(C) the Chief of the Army Corps of Engi-
neers. 
(2) STATE
PARTICIPATION.—The Secretary 
may request that the Governor of any State with en-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
105 
HR 2 PCS
ergy projects on Federal lands to be a signatory to 
the memorandum of understanding. 
(c) DESIGNATION OF QUALIFIED STAFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the signing of the memorandum of un-
derstanding under subsection (b), all Federal signa-
tory parties shall, if appropriate, assign to each of 
the Bureau of Land Management field offices an 
employee who has expertise in the regulatory issues 
relating to the office in which the employee is em-
ployed, including, as applicable, particular expertise 
in— 
(A) the consultations and the preparation 
of biological opinions under section 7 of the En-
dangered Species Act of 1973 (16 U.S.C. 
1536); 
(B) permits under section 404 of Federal 
Water Pollution Control Act (33 U.S.C. 1344); 
(C) regulatory matters under the Clean Air 
Act (42 U.S.C. 7401 et seq.); 
(D) planning under the National Forest 
Management Act of 1976 (16 U.S.C. 472a et 
seq.); and 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
106 
HR 2 PCS
(E) the preparation of analyses under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(2) DUTIES.—Each employee assigned under 
paragraph (1) shall— 
(A) not later than 90 days after the date 
of assignment, report to the Bureau of Land 
Management Field Managers in the office to 
which the employee is assigned; 
(B) be responsible for all issues relating to 
the energy projects that arise under the au-
thorities of the employee’s home agency; and 
(C) participate as part of the team of per-
sonnel working on proposed energy projects, 
planning, and environmental analyses on Fed-
eral lands. 
(d) ADDITIONAL PERSONNEL.—The Secretary shall 
assign to each Bureau of Land Management field office 
identified in subsection (a) any additional personnel that 
are necessary to ensure the effective approval and imple-
mentation of energy projects administered by the Bureau 
of Land Management field offices, including inspection 
and enforcement relating to energy development on Fed-
eral land, in accordance with the multiple use mandate 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
107 
HR 2 PCS
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 21111 and 21121. 
(f) SAVINGS PROVISION.—Nothing in this section af-
fects— 
(1) the operation of any Federal or State law; 
or 
(2) any delegation of authority made by the 
head of a Federal agency whose employees are par-
ticipating in the Project. 
(g) DEFINITION.—For purposes of this section the 
term ‘‘energy projects’’ includes oil, natural gas, and other 
energy projects as defined by the Secretary. 
SEC. 21132. 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. 21141. DEFINITIONS. 
In this subchapter— 
(1) the term ‘‘covered civil action’’ means a civil 
action containing a claim under section 702 of title 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
108 
HR 2 PCS
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, 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 obliga-
tions under such lease, including regarding any al-
leged breach of the lease. 
SEC. 21142. EXCLUSIVE VENUE FOR CERTAIN CIVIL AC-
TIONS 
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. 21143. 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. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
109 
HR 2 PCS
SEC. 21144. EXPEDITION IN HEARING AND DETERMINING 
THE ACTION. 
The court shall endeavor to hear and determine any 
covered civil action as expeditiously as possible. 
SEC. 21145. STANDARD OF REVIEW. 
In any judicial review of a covered civil action, admin-
istrative findings and conclusions relating to the chal-
lenged Federal action or decision shall be presumed to be 
correct, and the presumption may be rebutted only by the 
preponderance of the evidence contained in the adminis-
trative record. 
SEC. 21146. LIMITATION ON INJUNCTION AND PROSPEC-
TIVE 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. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
110 
HR 2 PCS
SEC. 21147. 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. 21148. 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. 
Subchapter E—Knowing America’s Oil and 
Gas Resources 
SEC. 21151. 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. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
111 
HR 2 PCS
(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 
2015 through 2018. 
CHAPTER 2—OIL AND GAS LEASING 
CERTAINTY 
SEC. 21201. SHORT TITLE. 
This chapter may be cited as the ‘‘Providing Leasing 
Certainty for American Energy Act of 2014’’. 
SEC. 21202. 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 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
112 
HR 2 PCS
available for leasing at the time the lease sale oc-
curs. 
SEC. 21203. 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. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
113 
HR 2 PCS
‘‘(F) After the conclusion of the public comment pe-
riod for a planned competitive lease sale, the Secretary 
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. 21204. 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. 21205. REDUCE REDUNDANT POLICIES. 
Bureau of Land Management Instruction Memo-
randum 2010–117 shall have no force or effect. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
114 
HR 2 PCS
SEC. 21206. STREAMLINED CONGRESSIONAL NOTIFICA-
TION. 
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. 21301. 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. 21302. 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 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
115 
HR 2 PCS
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 
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. 21303. 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 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
116 
HR 2 PCS
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 
area of not less than 25,000 acres, and in multiple lease 
blocs. 
CHAPTER 4—MISCELLANEOUS 
PROVISIONS 
SEC. 21401. 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 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
117 
HR 2 PCS
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 
(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. 22001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Planning for Amer-
ican Energy Act of 2014’’. 
SEC. 22002. 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: 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
118 
HR 2 PCS
‘‘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, 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
119 
HR 2 PCS
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, 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
120 
HR 2 PCS
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 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
121 
HR 2 PCS
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 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
122 
HR 2 PCS
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 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
123 
HR 2 PCS
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-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
124 
HR 2 PCS
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. 23001. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Petro-
leum Reserve Alaska Access Act’’. 
SEC. 23002. SENSE OF CONGRESS AND REAFFIRMING NA-
TIONAL POLICY FOR THE NATIONAL PETRO-
LEUM RESERVE IN ALASKA. 
It is the sense of Congress that— 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
125 
HR 2 PCS
(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. 23003. 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 2014 
through 2024.’’. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
126 
HR 2 PCS
SEC. 23004. 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-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
127 
HR 2 PCS
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. 23005. 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 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
129 
HR 2 PCS
SEC. 23007. DEADLINES UNDER NEW PROPOSED INTE-
GRATED ACTIVITY PLAN. 
At a minimum, the new proposed integrated activity 
plan issued under section 23005(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) provide that the period for issuing 
each permit after submission of such an appli-
cation shall not exceed 60 days without the con-
currence of the applicant. 
SEC. 23008. 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-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
130 
HR 2 PCS
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. 24001. SHORT TITLE. 
This subtitle may be cited as the ‘‘BLM Live Internet 
Auctions Act’’. 
SEC. 24002. 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 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
131 
HR 2 PCS
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 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
132 
HR 2 PCS
turn to the Federal taxpayers, minimize opportuni-
ties for fraud or collusion, and ensure the security 
and integrity of the leasing process. 
Subtitle E—Native American 
Energy 
SEC. 25001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Native American 
Energy Act’’. 
SEC. 25002. APPRAISALS. 
(a) AMENDMENT.—Title XXVI of the Energy Policy 
Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 2607. APPRAISAL REFORMS. 
‘‘(a) OPTIONS TO INDIAN TRIBES.—With respect to 
a transaction involving Indian land or the trust assets of 
an Indian tribe that requires the approval of the Sec-
retary, any appraisal relating to fair market value required 
to be conducted under applicable law, regulation, or policy 
may be completed by— 
‘‘(1) the Secretary; 
‘‘(2) the affected Indian tribe; or 
‘‘(3) a certified, third-party appraiser pursuant 
to a contract with the Indian tribe. 
‘‘(b) TIME LIMIT ON SECRETARIAL REVIEW AND AC-
TION.—Not later than 30 days after the date on which 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
133 
HR 2 PCS
the Secretary receives an appraisal conducted by or for 
an Indian tribe pursuant to paragraphs (2) or (3) of sub-
section (a), the Secretary shall— 
‘‘(1) review the appraisal; and 
‘‘(2) provide to the Indian tribe a written notice 
of approval or disapproval of the appraisal. 
‘‘(c) FAILURE OF SECRETARY TO APPROVE OR DIS-
APPROVE.—If, after 60 days, the Secretary has failed to 
approve or disapprove any appraisal received, the ap-
praisal shall be deemed approved. 
‘‘(d) OPTION
TO INDIAN TRIBES TO WAIVE AP-
PRAISAL.— 
‘‘(1) An Indian tribe wishing to waive the re-
quirements of subsection (a), may do so after it has 
satisfied the requirements of subsections (2) and (3) 
below. 
‘‘(2) An Indian tribe wishing to forego the ne-
cessity of a waiver pursuant to this section must 
provide to the Secretary a written resolution, state-
ment, or other unambiguous indication of tribal in-
tent, duly approved by the governing body of the In-
dian tribe. 
‘‘(3) The unambiguous indication of intent pro-
vided by the Indian tribe to the Secretary under 
paragraph (2) must include an express waiver by the 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
134 
HR 2 PCS
Indian tribe of any claims for damages it might have 
against the United States as a result of the lack of 
an appraisal undertaken. 
‘‘(e) DEFINITION.—For purposes of this subsection, 
the term ‘appraisal’ includes appraisals and other esti-
mates of value. 
‘‘(f) REGULATIONS.—The Secretary shall develop 
regulations for implementing this section, including stand-
ards the Secretary shall use for approving or disapproving 
an appraisal.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Energy Policy Act of 1992 (42 U.S.C. 13201 
note) is amended by adding at the end of the items relat-
ing to title XXVI the following: 
‘‘Sec. 2607. Appraisal reforms.’’. 
SEC. 25003. STANDARDIZATION. 
As soon as practicable after the date of the enactment 
of this Act, the Secretary of the Interior shall implement 
procedures to ensure that each agency within the Depart-
ment of the Interior that is involved in the review, ap-
proval, and oversight of oil and gas activities on Indian 
lands shall use a uniform system of reference numbers and 
tracking systems for oil and gas wells. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
135 
HR 2 PCS
SEC. 25004. ENVIRONMENTAL REVIEWS OF MAJOR FED-
ERAL ACTIONS ON INDIAN LANDS. 
Section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332) is amended by inserting 
‘‘(a) IN GENERAL.—’’ before the first sentence, and by 
adding at the end the following: 
‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON IN-
DIAN LANDS.— 
‘‘(1) IN GENERAL.—For any major Federal ac-
tion on Indian lands of an Indian tribe requiring the 
preparation 
of 
a 
statement 
under 
subsection 
(a)(2)(C), the statement shall only be available for 
review and comment by the members of the Indian 
tribe and by any other individual residing within the 
affected area. 
‘‘(2) REGULATIONS.—The Chairman of the 
Council on Environmental Quality shall develop reg-
ulations to implement this section, including descrip-
tions of affected areas for specific major Federal ac-
tions, in consultation with Indian tribes. 
‘‘(3) DEFINITIONS.—In this subsection, each of 
the terms ‘Indian land’ and ‘Indian tribe’ has the 
meaning given that term in section 2601 of the En-
ergy Policy Act of 1992 (25 U.S.C. 3501). 
‘‘(4) CLARIFICATION OF AUTHORITY.—Nothing 
in the Native American Energy Act, except section 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
136 
HR 2 PCS
25006 of that Act, shall give the Secretary any addi-
tional authority over energy projects on Alaska Na-
tive Claims Settlement Act lands.’’. 
SEC. 25005. JUDICIAL REVIEW. 
(a) TIME FOR FILING COMPLAINT.—Any energy re-
lated action must be filed not later than the end of the 
60-day period beginning on the date of the final agency 
action. Any energy related action not filed within this time 
period shall be barred. 
(b) DISTRICT COURT VENUE AND DEADLINE.—All 
energy related actions— 
(1) shall be brought in the United States Dis-
trict Court for the District of Columbia; and 
(2) shall be resolved as expeditiously as pos-
sible, and in any event not more than 180 days after 
such cause of action is filed. 
(c) APPELLATE REVIEW.—An interlocutory order or 
final judgment, decree or order of the district court in an 
energy related action may be reviewed by the U.S. Court 
of Appeals for the District of Columbia Circuit. The D.C. 
Circuit Court of Appeals shall resolve such appeal as expe-
ditiously as possible, and in any event not more than 180 
days after such interlocutory order or final judgment, de-
cree or order of the district court was issued. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
137 
HR 2 PCS
(d) LIMITATION ON CERTAIN PAYMENTS.—Notwith-
standing section 1304 of title 31, United States Code, no 
award may be made under section 504 of title 5, United 
States Code, or under section 2412 of title 28, United 
States Code, and no amounts may be obligated or ex-
pended from the Claims and Judgment Fund of the 
United States Treasury to pay any fees or other expenses 
under such sections, to any person or party in an energy 
related action. 
(e) LEGAL FEES.—In any energy related action in 
which the plaintiff does not ultimately prevail, the court 
shall award to the defendant (including any intervenor- 
defendants), other than the United States, fees and other 
expenses incurred by that party in connection with the en-
ergy related action, unless the court finds that the position 
of the plaintiff was substantially justified or that special 
circumstances make an award unjust. Whether or not the 
position of the plaintiff was substantially justified shall be 
determined on the basis of the administrative record, as 
a whole, which is made in the energy related action for 
which fees and other expenses are sought. 
(f) DEFINITIONS.—For the purposes of this section, 
the following definitions apply: 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
138 
HR 2 PCS
(1) AGENCY ACTION.—The term ‘‘agency ac-
tion’’ has the same meaning given such term in sec-
tion 551 of title 5, United States Code. 
(2) INDIAN LAND.—The term ‘‘Indian Land’’ 
has the same meaning given such term in section 
203(c)(3) of the Energy Policy Act of 2005 (Public 
Law 109–58; 25 U.S.C. 3501), including lands 
owned by Native Corporations under the Alaska Na-
tive Claims Settlement Act (Public Law 92–203; 43 
U.S.C. 1601). 
(3) ENERGY RELATED ACTION.—The term ‘‘en-
ergy related action’’ means a cause of action that— 
(A) is filed on or after the effective date of 
this Act; and 
(B) seeks judicial review of a final agency 
action to issue a permit, license, or other form 
of agency permission allowing: 
(i) any person or entity to conduct ac-
tivities on Indian Land, which activities in-
volve the exploration, development, produc-
tion or transportation of oil, gas, coal, 
shale gas, oil shale, geothermal resources, 
wind or solar resources, underground coal 
gasification, biomass, or the generation of 
electricity; or 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
139 
HR 2 PCS
(ii) any Indian Tribe, or any organiza-
tion of two or more entities, at least one 
of which is an Indian tribe, to conduct ac-
tivities involving the exploration, develop-
ment, production or transportation of oil, 
gas, coal, shale gas, oil shale, geothermal 
resources, wind or solar resources, under-
ground coal gasification, biomass, or the 
generation of electricity, regardless of 
where such activities are undertaken. 
(4) ULTIMATELY PREVAIL.—The phrase ‘‘ulti-
mately prevail’’ means, in a final enforceable judg-
ment, the court rules in the party’s favor on at least 
one cause of action which is an underlying rationale 
for the preliminary injunction, administrative stay, 
or other relief requested by the party, and does not 
include circumstances where the final agency action 
is modified or amended by the issuing agency unless 
such modification or amendment is required pursu-
ant to a final enforceable judgment of the court or 
a court-ordered consent decree. 
SEC. 25006. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
The Tribal Forest Protection Act of 2004 is amended 
by inserting after section 2 (25 U.S.C. 3115a) the fol-
lowing: 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
140 
HR 2 PCS
‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 
‘‘(a) IN GENERAL.—For each of fiscal years 2014 
through 2018, the Secretary shall enter into stewardship 
contracts or other agreements, other than agreements that 
are exclusively direct service contracts, with Indian tribes 
to carry out demonstration projects to promote biomass 
energy production (including biofuel, heat, and electricity 
generation) on Indian forest land and in nearby commu-
nities by providing reliable supplies of woody biomass from 
Federal land. 
‘‘(b) DEFINITIONS.—The definitions in section 2 
shall apply to this section. 
‘‘(c) DEMONSTRATION PROJECTS.—In each fiscal 
year for which projects are authorized, the Secretary shall 
enter into contracts or other agreements described in sub-
section (a) to carry out at least 4 new demonstration 
projects that meet the eligibility criteria described in sub-
section (d). 
‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to enter 
into a contract or other agreement under this subsection, 
an Indian tribe shall submit to the Secretary an applica-
tion— 
‘‘(1) containing such information as the Sec-
retary may require; and 
‘‘(2) that includes a description of— 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
141 
HR 2 PCS
‘‘(A) the Indian forest land or rangeland 
under the jurisdiction of the Indian tribe; and 
‘‘(B) the demonstration project proposed 
to be carried out by the Indian tribe. 
‘‘(e) SELECTION.—In evaluating the applications 
submitted under subsection (c), the Secretary— 
‘‘(1) shall take into consideration the factors set 
forth in paragraphs (1) and (2) of section 2(e) of 
Public Law 108–278; and whether a proposed dem-
onstration project would— 
‘‘(A) increase the availability or reliability 
of local or regional energy; 
‘‘(B) enhance the economic development of 
the Indian tribe; 
‘‘(C) improve the connection of electric 
power transmission facilities serving the Indian 
tribe with other electric transmission facilities; 
‘‘(D) improve the forest health or water-
sheds of Federal land or Indian forest land or 
rangeland; or 
‘‘(E) otherwise promote the use of woody 
biomass; and 
‘‘(2) shall exclude from consideration any mer-
chantable logs that have been identified by the Sec-
retary for commercial sale. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
142 
HR 2 PCS
‘‘(f) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) ensure that the criteria described in sub-
section (c) are publicly available by not later than 
120 days after the date of enactment of this section; 
and 
‘‘(2) to the maximum extent practicable, consult 
with Indian tribes and appropriate intertribal orga-
nizations likely to be affected in developing the ap-
plication and otherwise carrying out this section. 
‘‘(g) REPORT.—Not later than September 20, 2015, 
the Secretary shall submit to Congress a report that de-
scribes, with respect to the reporting period— 
‘‘(1) each individual tribal application received 
under this section; and 
‘‘(2) each contract and agreement entered into 
pursuant to this section. 
‘‘(h) INCORPORATION OF MANAGEMENT PLANS.—In 
carrying out a contract or agreement under this section, 
on receipt of a request from an Indian tribe, the Secretary 
shall incorporate into the contract or agreement, to the 
extent practicable, management plans (including forest 
management and integrated resource management plans) 
in effect on the Indian forest land or rangeland of the re-
spective Indian tribe. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
143 
HR 2 PCS
‘‘(i) TERM.—A stewardship contract or other agree-
ment entered into under this section— 
‘‘(1) shall be for a term of not more than 20 
years; and 
‘‘(2) may be renewed in accordance with this 
section for not more than an additional 10 years.’’. 
SEC. 25007. TRIBAL RESOURCE MANAGEMENT PLANS. 
Unless otherwise explicitly exempted by Federal law 
enacted after the date of the enactment of this Act, any 
activity conducted or resources harvested or produced pur-
suant to a tribal resource management plan or an inte-
grated resource management plan approved by the Sec-
retary of the Interior under the National Indian Forest 
Resources Management Act (25 U.S.C. 3101 et seq.) or 
the American Indian Agricultural Resource Management 
Act (25 U.S.C. 3701 et seq.), shall be considered a sus-
tainable management practice for purposes of any Federal 
standard, benefit, or requirement that requires a dem-
onstration of such sustainability. 
SEC. 25008. LEASES OF RESTRICTED LANDS FOR THE NAV-
AJO NATION. 
Subsection (e)(1) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred 
to as the ‘‘Long-Term Leasing Act’’), is amended— 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
144 
HR 2 PCS
(1) by striking ‘‘, except a lease for’’ and insert-
ing ‘‘, including leases for’’; 
(2) in subparagraph (A), by striking ‘‘25’’ the 
first place it appears and all that follows and insert-
ing ‘‘99 years;’’; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) in the case of a lease for the exploration, 
development, or extraction of mineral resources, in-
cluding geothermal resources, 25 years, except that 
any such lease may include an option to renew for 
one additional term not to exceed 25 years.’’. 
SEC. 25009. NONAPPLICABILITY OF CERTAIN RULES. 
No rule promulgated by the Department of the Inte-
rior regarding hydraulic fracturing used in the develop-
ment or production of oil or gas resources shall have any 
effect on any land held in trust or restricted status for 
the benefit of Indians except with the express consent of 
the beneficiary on whose behalf such land is held in trust 
or restricted status. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
145 
HR 2 PCS
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 30101. ESTABLISHMENT OF OFFICE OF ENERGY EM-
PLOYMENT AND TRAINING. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
shall establish an Office of Energy Employment and 
Training, which shall oversee the hiring and training ef-
forts of the Department of the Interior’s energy planning, 
permitting, and regulatory agencies. 
(b) DIRECTOR.— 
(1) IN GENERAL.—The Office shall be under 
the direction of a Deputy Assistant Secretary for 
Energy Employment and Training, who shall report 
directly to the Assistant Secretary for Energy, 
Lands and Minerals Management, and shall be fully 
employed to carry out the functions of the Office. 
(2) DUTIES.—The Deputy Assistant Secretary 
for Energy Employment and Training shall perform 
the following functions: 
(A) Develop and implement systems to 
track the Department’s hiring of trained skilled 
workers in the energy permitting and inspection 
agencies. 
(B) Design and recommend to the Sec-
retary programs and policies aimed at expand-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
146 
HR 2 PCS
ing the Department’s hiring of women, minori-
ties, and veterans into the Department’s work-
force dealing with energy permitting and in-
spection programs. Such programs and policies 
shall include— 
(i) recruiting at historically black col-
leges and universities, Hispanic-serving in-
stitutions, women’s colleges, and colleges 
that typically serve majority minority pop-
ulations; 
(ii) sponsoring and recruiting at job 
fairs in urban communities; 
(iii) placing employment advertise-
ments in newspapers and magazines ori-
ented toward minorities, veterans, and 
women; 
(iv) partnering with organizations that 
are focused on developing opportunities for 
minorities, veterans, and women to be 
placed in Departmental internships, sum-
mer employment, and full-time positions 
relating to energy; 
(v) where feasible, partnering with 
inner-city high schools, girls’ high schools, 
and high schools with majority minority 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
147 
HR 2 PCS
populations to demonstrate career opportu-
nities and the path to those opportunities 
available at the Department; 
(vi) coordinating with the Department 
of Veterans Affairs and the Department of 
Defense in the hiring of veterans; and 
(vii) any other mass media commu-
nications that the Deputy Assistant Sec-
retary determines necessary to advertise, 
promote, or educate about opportunities at 
the Department. 
(C) Develop standards for— 
(i) equal employment opportunity and 
the racial, ethnic, and gender diversity of 
the workforce and senior management of 
the Department; and 
(ii) increased participation of minor-
ity-owned, veteran-owned, and women- 
owned businesses in the programs and con-
tracts with the Department. 
(D) Review and propose for adoption the 
best practices of entities regulated by the De-
partment with regards to hiring and diversity 
policies, and publish those best practices for 
public review. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
148 
HR 2 PCS
(c) REPORTS.—The Secretary shall submit to Con-
gress an annual report regarding the actions taken by the 
Department of the Interior agency and the Office pursu-
ant to this section, which shall include— 
(1) a statement of the total amounts paid by 
the Department to minority contractors; 
(2) the successes achieved and challenges faced 
by the Department in operating minority, veteran or 
service-disabled veteran, and women outreach pro-
grams; 
(3) the challenges the Department may face in 
hiring minority, veteran, and women employees and 
contracting with veteran or service-disabled veteran, 
minority-owned, and women-owned businesses; and 
(4) any other information, findings, conclusions, 
and recommendations for legislative or Department 
action, as the Director determines appropriate. 
(d) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) MINORITY.—The term ‘‘minority’’ means 
United States citizens who are Asian Indian Amer-
ican, Asian Pacific American, Black American, His-
panic American, or Native American. 
(2) MINORITY-OWNED
BUSINESS.—The term 
‘‘minority-owned business’’ means a for-profit enter-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
149 
HR 2 PCS
prise, regardless of size, physically located in the 
United States or its trust territories, that is owned, 
operated, and controlled by minority group members. 
‘‘Minority group members’’ are United States citi-
zens who are Asian Indian American, Asian Pacific 
American, Black American, Hispanic American, or 
Native American (terminology in NMSDC cat-
egories). Ownership by minority individuals means 
the business is at least 51 percent owned by such in-
dividuals or, in the case of a publicly owned busi-
ness, at least 51 percent of the stock is owned by 
one or more such individuals. Further, the manage-
ment and daily operations are controlled by those 
minority group members. For purposes of NMSDC’s 
program, a minority group member is an individual 
who is a United States citizen with at least 1⁄4 or 
25 percent minimum (documentation to support 
claim of 25 percent required from applicant) of one 
or more of the following: 
(A) Asian Indian American, which is a 
United States citizen whose origins are from 
India, Pakistan, or Bangladesh. 
(B) Asian Pacific American, which is a 
United States citizen whose origins are from 
Japan, China, Indonesia, Malaysia, Taiwan, 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
150 
HR 2 PCS
Korea, Vietnam, Laos, Cambodia, the Phil-
ippines, Thailand, Samoa, Guam, the United 
States Trust Territories of the Pacific, or the 
Northern Marianas. 
(C) Black American, which is a United 
States citizen having origins in any of the Black 
racial groups of Africa. 
(D) Hispanic American, which is a United 
States citizen of true-born Hispanic heritage, 
from any of the Spanish-speaking areas of the 
following regions: Mexico, Central America, 
South America, and the Caribbean Basin only. 
(E) Native American, which means a 
United States citizen enrolled to a federally rec-
ognized tribe, or a Native as defined under the 
Alaska Native Claims Settlement Act. 
(3) NMSDC.—The term ‘‘NMSDC’’ means the 
National Minority Supplier Development Council. 
(4) 
WOMEN-OWNED
BUSINESS.—The 
term 
‘‘women-owned business’’ means a business that can 
verify through evidence documentation that 51 per-
cent or more is women-owned, managed, and con-
trolled. The business must be open for at least 6 
months. The business owner must be a United 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
151 
HR 2 PCS
States citizen or legal resident alien. Evidence must 
indicate that— 
(A) the contribution of capital or expertise 
by the woman business owner is real and sub-
stantial and in proportion to the interest owned; 
(B) the woman business owner directs or 
causes the direction of management, policy, fis-
cal, and operational matters; and 
(C) the woman business owner has the 
ability to perform in the area of specialty or ex-
pertise without reliance on either the finances 
or resources of a firm that is not owned by a 
woman. 
(5) SERVICE DISABLED VETERAN.—The term 
‘‘Service Disabled Veteran’’ must have a service-con-
nected disability that has been determined by the 
Department of Veterans Affairs or Department of 
Defense. The SDVOSBC must be small under the 
North American Industry Classification System 
(NAICS) code assigned to the procurement; the 
SDV must unconditionally own 51 percent of the 
SDVOSBC; the SDVO must control the manage-
ment and daily operations of the SDVOSBC; and 
the SDV must hold the highest officer position in 
the SDVOSBC. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
152 
HR 2 PCS
(6) VETERAN-OWNED
BUSINESS.—The term 
‘‘veteran-owned business’’ means a business that can 
verify through evidence documentation that 51 per-
cent or more is veteran-owned, managed, and con-
trolled. The business must be open for at least 6 
months. The business owner must be a United 
States citizen or legal resident alien and honorably 
or service-connected disability discharged from serv-
ice. 
SUBDIVISION 
B—BUREAU 
OF 
RECLAMATION CONDUIT HY-
DROPOWER 
DEVELOPMENT 
EQUITY AND JOBS ACT 
SEC. 1. SHORT TITLE. 
This subdivision may be cited as the ‘‘Bureau of Rec-
lamation Conduit Hydropower Development Equity and 
Jobs Act’’. 
SEC. 2. AMENDMENT. 
Section 9 of the Act entitled ‘‘An Act authorizing 
construction of water conservation and utilization projects 
in the Great Plains and arid semiarid areas of the United 
States’’, approved August 11, 1939 (16 U.S.C. 590z–7; 
commonly known as the ‘‘Water Conservation and Utiliza-
tion Act’’), is amended— 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
153 
HR 2 PCS
(1) by striking ‘‘In connection with’’ and insert-
ing ‘‘(a) In connection with’’; and 
(2) by adding at the end the following: 
‘‘(b) Notwithstanding subsection (a), the Secretary is 
authorized to enter into leases of power privileges for elec-
tric power generation in connection with any project con-
structed under this Act, and shall have authority in addi-
tion to and alternative to any authority in existing laws 
relating to particular projects, including small conduit hy-
dropower development. 
‘‘(c) When entering into leases of power privileges 
under subsection (b), the Secretary shall use the processes 
applicable to such leases under section 9(c) of the Rec-
lamation Project Act of 1939 (43 U.S.C. 485h(c)). 
‘‘(d) Lease of power privilege contracts shall be at 
such rates as, in the Secretary’s judgment, will produce 
revenues at least sufficient to cover the appropriate share 
of the annual operation and maintenance cost of the 
project and such fixed charges, including interest, as the 
Secretary deems proper. Lease of power privilege con-
tracts shall be for periods not to exceed 40 years. 
‘‘(e) No findings under section 3 shall be required 
for a lease under subsection (b). 
‘‘(f) All right, title, and interest to installed power 
facilities constructed by non-Federal entities pursuant to 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
154 
HR 2 PCS
a lease of power privilege, and direct revenues derived 
therefrom, shall remain with the lessee unless otherwise 
required under subsection (g). 
‘‘(g) Notwithstanding section 8, lease revenues and 
fixed charges, if any, shall be covered into the Reclamation 
Fund to be credited to the project from which those reve-
nues or charges were derived. 
‘‘(h) When carrying out this section, the Secretary 
shall first offer the lease of power privilege to an irrigation 
district or water users association operating the applicable 
transferred conduit, or to the irrigation district or water 
users association receiving water from the applicable re-
served conduit. The Secretary shall determine a reason-
able timeframe for the irrigation district or water users 
association to accept or reject a lease of power privilege 
offer. If the irrigation district or water users association 
elects not to accept a lease of power privilege offer under 
subsection (b), the Secretary shall offer the lease of power 
privilege to other parties using the processes applicable to 
such leases under section 9(c) of the Reclamation Project 
Act of 1939 (43 U.S.C. 485h(c)). 
‘‘(i) The Bureau of Reclamation shall apply its cat-
egorical exclusion process under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to 
small conduit hydropower development under this section, 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
155 
HR 2 PCS
excluding siting of associated transmission facilities on 
Federal lands. 
‘‘(j) Nothing in this section shall obligate the Western 
Area Power Administration or the Bonneville Power Ad-
ministration to purchase or market any of the power pro-
duced by the facilities covered under this section and none 
of the costs associated with production or delivery of such 
power shall be assigned to project purposes for inclusion 
in project rates. 
‘‘(k) Nothing in this section shall alter or impede the 
delivery and management of water by Bureau of Reclama-
tion facilities, as water used for conduit hydropower gen-
eration shall be deemed incidental to use of water for the 
original project purposes. Lease of power privilege shall 
be made only when, in the judgment of the Secretary, the 
exercise of the lease will not be incompatible with the pur-
poses of the project or division involved and shall not cre-
ate any unmitigated financial or physical impacts to the 
project or division involved. The Secretary shall notify and 
consult with the irrigation district or legally organized 
water users association operating the transferred conduit 
in advance of offering the lease of power privilege and 
shall prescribe such terms and conditions necessary to 
adequately protect the planning, design, construction, op-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
156 
HR 2 PCS
eration, maintenance, and other interests of the United 
States and the project or division involved. 
‘‘(l) Nothing in this section shall alter or affect any 
agreements in effect on the date of the enactment of the 
Bureau of Reclamation Conduit Hydropower Development 
Equity and Jobs Act for the development of conduit hy-
dropower projects or disposition of revenues. 
‘‘(m) In this section: 
‘‘(1) The term ‘conduit’ means any Bureau of 
Reclamation tunnel, canal, pipeline, aqueduct, flume, 
ditch, or similar manmade water conveyance that is 
operated for the distribution of water for agricul-
tural, municipal, or industrial consumption and not 
primarily for the generation of electricity. 
‘‘(2) The term ‘irrigation district’ means any ir-
rigation, water conservation or conservancy, multi- 
county water conservation or conservancy district, or 
any separate public entity composed of two or more 
such districts and jointly exercising powers of its 
member districts. 
‘‘(3) The term ‘reserved conduit’ means any 
conduit that is included in project works the care, 
operation, and maintenance of which has been re-
served by the Secretary, through the Commissioner 
of the Bureau of Reclamation. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
157 
HR 2 PCS
‘‘(4) The term ‘transferred conduit’ means any 
conduit that is included in project works the care, 
operation, and maintenance of which has been trans-
ferred to a legally organized water users association 
or irrigation district. 
‘‘(5) The term ‘small conduit hydropower’ 
means a facility capable of producing 5 megawatts 
or less of electric capacity.’’. 
SUBDIVISION C—CENTRAL OR-
EGON JOBS AND WATER SE-
CURITY ACT 
SEC. 1. SHORT TITLE. 
This subdivision may be cited as the ‘‘Central Oregon 
Jobs and Water Security Act’’. 
SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON. 
Section 3(a)(72) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)(72)) is amended as follows: 
(1) By striking ‘‘15-mile’’ and inserting ‘‘14.75- 
mile’’. 
(2) In subparagraph (B)— 
(A) by striking ‘‘8-mile’’ and all that fol-
lows through ‘‘Bowman Dam’’ and inserting 
‘‘7.75-mile segment from a point one-quarter 
mile downstream from the toe of Bowman 
Dam’’; and 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
158 
HR 2 PCS
(B) by adding at the end the following: 
‘‘The developer for any hydropower develop-
ment, including turbines and appurtenant facili-
ties, at Bowman Dam, in consultation with the 
Bureau of Land Management, shall analyze any 
impacts to the Outstandingly Remarkable Val-
ues of the Wild and Scenic River that may be 
caused by such development, including the fu-
ture need to undertake routine and emergency 
repairs, and shall propose mitigation for any 
impacts as part of any license application sub-
mitted to the Federal Energy Regulatory Com-
mission.’’. 
SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. 
Section 4 of the Act of August 6, 1956 (70 Stat. 
1058), (as amended by the Acts of September 14, 1959 
(73 Stat. 554), and September 18, 1964 (78 Stat. 954)) 
is further amended as follows: 
(1) By striking ‘‘ten cubic feet’’ the first place 
it appears and inserting ‘‘17 cubic feet’’. 
(2) By striking ‘‘during those months when 
there is no other discharge therefrom, but this re-
lease may be reduced for brief temporary periods by 
the Secretary whenever he may find that release of 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
159 
HR 2 PCS
the full ten cubic feet per second is harmful to the 
primary purpose of the project’’. 
(3) By adding at the end the following: ‘‘With-
out further action by the Secretary, and as deter-
mined necessary for any given year by the City of 
Prineville, up to seven of the 17 cubic feet per sec-
ond minimum release shall also serve as mitigation 
for City of Prineville groundwater pumping, pursu-
ant to and in a manner consistent with Oregon State 
law, including any shaping of the release of the up 
to seven cubic feet per second to coincide with City 
of Prineville groundwater pumping as may be re-
quired by the State of Oregon. As such, the Sec-
retary is authorized to make applications to the 
State of Oregon in conjunction with the City to pro-
tect these supplies instream. The City shall make 
payment to the Secretary for that portion of the 
minimum release that actually serves as mitigation 
pursuant to Oregon State law for the City in any 
given year, with the payment for any given year 
equal to the amount of mitigation in acre feet re-
quired to offset actual City groundwater pumping 
for that year in accordance with Reclamation ‘Water 
and Related Contract and Repayment Principles and 
Requirements’, Reclamation Manual Directives and 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
160 
HR 2 PCS
Standards PEC 05–01, dated 09/12/2006, and guid-
ed by ‘Economic and Environmental Principles and 
Guidelines for Water and Related Land Resources 
Implementation Studies’, dated March 10, 1983. 
The Secretary is authorized to contract exclusively 
with the City for additional amounts in the future 
at the request of the City.’’. 
SEC. 4. FIRST FILL PROTECTION. 
The Act of August 6, 1956 (70 Stat. 1058), as 
amended by the Acts of September 14, 1959 (73 Stat. 
554), and September 18, 1964 (78 Stat. 954), is further 
amended by adding at the end the following: 
‘‘SEC. 6. Other than the 17 cubic feet per second re-
lease provided for in section 4, and subject to compliance 
with the Army Corps of Engineers’ flood curve require-
ments, the Secretary shall, on a ‘first fill’ priority basis, 
store in and release from Prineville Reservoir, whether 
from carryover, infill, or a combination thereof, the fol-
lowing: 
‘‘(1) 68,273 acre feet of water annually to fulfill 
all 16 Bureau of Reclamation contracts existing as 
of January 1, 2011, and up to 2,740 acre feet of 
water annually to supply the McKay Creek lands as 
provided for in section 5 of this Act. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
161 
HR 2 PCS
‘‘(2) Not more than 10,000 acre feet of water 
annually, to be made available to the North Unit Ir-
rigation District pursuant to a Temporary Water 
Service Contract, upon the request of the North 
Unit Irrigation District, consistent with the same 
terms and conditions as prior such contracts be-
tween the District and the Bureau of Reclamation. 
‘‘SEC. 7. Except as otherwise provided in this Act, 
nothing in this Act— 
‘‘(1) modifies contractual rights that may exist 
between contractors and the United States under 
Reclamation contracts; 
‘‘(2) amends or reopens contracts referred to in 
paragraph (1); or 
‘‘(3) modifies any rights, obligations, or require-
ments that may be provided or governed by Oregon 
State law.’’. 
SEC. 5. OCHOCO IRRIGATION DISTRICT. 
(a) EARLY REPAYMENT.—Notwithstanding section 
213 of the Reclamation Reform Act of 1982 (43 U.S.C. 
390mm), any landowner within Ochoco Irrigation District 
in Oregon, may repay, at any time, the construction costs 
of the project facilities allocated to that landowner’s lands 
within the district. Upon discharge, in full, of the obliga-
tion for repayment of the construction costs allocated to 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
162 
HR 2 PCS
all lands the landowner owns in the district, those lands 
shall not be subject to the ownership and full-cost pricing 
limitations of the Act of June 17, 1902 (43 U.S.C. 371 
et seq.), and Acts supplemental to and amendatory of that 
Act, including the Reclamation Reform Act of 1982 (43 
U.S.C. 390aa et seq.). 
(b) CERTIFICATION.—Upon the request of a land-
owner who has repaid, in full, the construction costs of 
the project facilities allocated to that landowner’s lands 
owned within the district, the Secretary of the Interior 
shall provide the certification provided for in subsection 
(b)(1) of section 213 of the Reclamation Reform Act of 
1982 (43 U.S.C. 390mm(b)(1)). 
(c) CONTRACT AMENDMENT.—On approval of the 
district directors and notwithstanding project authorizing 
legislation to the contrary, the district’s reclamation con-
tracts are modified, without further action by the Sec-
retary of the Interior, to— 
(1) authorize the use of water for instream pur-
poses, including fish or wildlife purposes, in order 
for the district to engage in, or take advantage of, 
conserved water projects and temporary instream 
leasing as authorized by Oregon State law; 
(2) include within the district boundary ap-
proximately 2,742 acres in the vicinity of McKay 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
163 
HR 2 PCS
Creek, resulting in a total of approximately 44,937 
acres within the district boundary; 
(3) classify as irrigable approximately 685 acres 
within the approximately 2,742 acres of included 
lands in the vicinity of McKay Creek, where the ap-
proximately 685 acres are authorized to receive irri-
gation water pursuant to water rights issued by the 
State of Oregon and have in the past received water 
pursuant to such State water rights; and 
(4) provide the district with stored water from 
Prineville Reservoir for purposes of supplying up to 
the approximately 685 acres of lands added within 
the district boundary and classified as irrigable 
under paragraphs (2) and (3), with such stored 
water to be supplied on an acre-per-acre basis con-
tingent on the transfer of existing appurtenant 
McKay Creek water rights to instream use and the 
State’s issuance of water rights for the use of stored 
water. 
(d) LIMITATION.—Except as otherwise provided in 
subsections (a) and (c), nothing in this section shall be 
construed to— 
(1) modify contractual rights that may exist be-
tween the district and the United States under the 
district’s Reclamation contracts; 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
164 
HR 2 PCS
(2) amend or reopen the contracts referred to 
in paragraph (1); or 
(3) modify any rights, obligations or relation-
ships that may exist between the district and its 
landowners as may be provided or governed by Or-
egon State law. 
SUBDIVISION 
D—STATE 
AU-
THORITY 
FOR 
HYDRAULIC 
FRACTURING 
REGULATION; 
EPA 
HYDRAULIC 
FRAC-
TURING RESEARCH 
TITLE I—STATE AUTHORITY FOR 
HYDRAULIC 
FRACTURING 
REGULATION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Protecting States’ 
Rights to Promote American Energy Security Act’’. 
SEC. 102. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
REGULATION. 
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: 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
165 
HR 2 PCS
‘‘SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
REGULATION. 
‘‘(a) IN GENERAL.—The Department of the Interior 
shall not enforce any Federal regulation, guidance, or per-
mit requirement regarding hydraulic fracturing, or any 
component of that process, relating to oil, gas, or geo-
thermal production activities on or under any land in any 
State that has regulations, guidance, or permit require-
ments for that activity. 
‘‘(b) STATE AUTHORITY.—The Department of the 
Interior shall recognize and defer to State regulations, 
permitting, and guidance, for all activities related to hy-
draulic fracturing, or any component of that process, re-
lating to oil, gas, or geothermal production activities on 
Federal land. 
‘‘(c) TRANSPARENCY OF STATE REGULATIONS.— 
‘‘(1) IN GENERAL.—Each State shall submit to 
the Bureau of Land Management a copy of its regu-
lations that apply to hydraulic fracturing operations 
on Federal land. 
‘‘(2) AVAILABILITY.—The Secretary of the In-
terior shall make available to the public State regu-
lations submitted under this subsection. 
‘‘(d) TRANSPARENCY OF STATE DISCLOSURE RE-
QUIREMENTS.— 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
166 
HR 2 PCS
‘‘(1) IN GENERAL.—Each State shall submit to 
the Bureau of Land Management a copy of any reg-
ulations of the State that require disclosure of 
chemicals used in hydraulic fracturing operations on 
Federal land. 
‘‘(2) AVAILABILITY.—The Secretary of the In-
terior shall make available to the public State regu-
lations submitted under this subsection. 
‘‘(e) HYDRAULIC FRACTURING DEFINED.—In this 
section the term ‘hydraulic fracturing’ means the process 
by which fracturing fluids (or a fracturing fluid system) 
are pumped into an underground geologic formation at a 
calculated, predetermined rate and pressure to generate 
fractures or cracks in the target formation and thereby 
increase the permeability of the rock near the wellbore and 
improve production of natural gas or oil.’’. 
SEC. 103. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study examining the economic bene-
fits of domestic shale oil and gas production resulting from 
the process of hydraulic fracturing. This study will include 
identification of— 
(1) State and Federal revenue generated as a 
result of shale gas production; 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
167 
HR 2 PCS
(2) jobs created both directly and indirectly as 
a result of shale oil and gas production; and 
(3) an estimate of potential energy prices with-
out domestic shale oil and gas production. 
(b) REPORT.—The Comptroller General shall submit 
a report on the findings of such study to the Committee 
on Natural Resources of the House of Representatives 
within 30 days after completion of the study. 
SEC. 104. TRIBAL AUTHORITY ON TRUST LAND. 
The Department of the Interior shall not enforce any 
Federal regulation, guidance, or permit requirement re-
garding the process of hydraulic fracturing (as that term 
is defined in section 44 of the Mineral Leasing Act, as 
amended by section 102 of this Act), or any component 
of that process, relating to oil, gas, or geothermal produc-
tion activities on any land held in trust or restricted status 
for the benefit of Indians except with the express consent 
of the beneficiary on whose behalf such land is held in 
trust or restricted status. 
TITLE II—EPA HYDRAULIC 
FRACTURING RESEARCH 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘EPA Hydraulic Frac-
turing Study Improvement Act’’. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
168 
HR 2 PCS
SEC. 202. EPA HYDRAULIC FRACTURING RESEARCH. 
In conducting its study of the potential impacts of 
hydraulic fracturing on drinking water resources, with re-
spect to which a request for information was issued under 
Federal Register Vol. 77, No. 218, the Administrator of 
the Environmental Protection Agency shall adhere to the 
following requirements: 
(1) PEER
REVIEW
AND
INFORMATION
QUAL-
ITY.—Prior to issuance and dissemination of any 
final report or any interim report summarizing the 
Environmental Protection Agency’s research on the 
relationship between hydraulic fracturing and drink-
ing water, the Administrator shall— 
(A) consider such reports to be Highly In-
fluential Scientific Assessments and require 
peer review of such reports in accordance with 
guidelines governing such assessments, as de-
scribed in— 
(i) 
the 
Environmental 
Protection 
Agency’s Peer Review Handbook 3rd Edi-
tion; 
(ii) the Environmental Protection 
Agency’s Scientific Integrity Policy, as in 
effect on the date of enactment of this Act; 
and 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
169 
HR 2 PCS
(iii) the Office of Management and 
Budget’s Peer Review Bulletin, as in effect 
on the date of enactment of this Act; and 
(B) require such reports to meet the stand-
ards and procedures for the dissemination of in-
fluential scientific, financial, or statistical infor-
mation set forth in the Environmental Protec-
tion Agency’s Guidelines for Ensuring and 
Maximizing the Quality, Objectivity, Utility, 
and Integrity of Information Disseminated by 
the Environmental Protection Agency, devel-
oped in response to guidelines issued by the Of-
fice of Management and Budget under section 
515(a) of the Treasury and General Govern-
ment Appropriations Act for Fiscal Year 2001 
(Public Law 106–554). 
(2) PROBABILITY, UNCERTAINTY, AND
CON-
SEQUENCE.—In order to maximize the quality and 
utility of information developed through the study, 
the Administrator shall ensure that identification of 
the possible impacts of hydraulic fracturing on 
drinking water resources included in such reports be 
accompanied by objective estimates of the prob-
ability, uncertainty, and consequence of each identi-
fied impact, taking into account the risk manage-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
170 
HR 2 PCS
ment practices of States and industry. Estimates or 
descriptions of probability, uncertainty, and con-
sequence shall be as quantitative as possible given 
the validity, accuracy, precision, and other quality 
attributes of the underlying data and analyses, but 
no more quantitative than the data and analyses can 
support. 
(3) RELEASE OF FINAL REPORT.—The final re-
port shall be publicly released by September 30, 
2016. 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. REVIEW OF STATE ACTIVITIES. 
The Secretary of the Interior shall annually review 
and report to Congress on all State activities relating to 
hydraulic fracturing. 
SUBDIVISION 
E—PREVENTING 
GOVERNMENT 
WASTE 
AND 
PROTECTING COAL MINING 
JOBS IN AMERICA 
SEC. 1. SHORT TITLE. 
This subdivision may be cited as the ‘‘Preventing 
Government Waste and Protecting Coal Mining Jobs in 
America’’. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
171 
HR 2 PCS
SEC. 2. INCORPORATION OF SURFACE MINING STREAM 
BUFFER ZONE RULE INTO STATE PROGRAMS. 
(a) IN GENERAL.—Section 503 of the Surface Min-
ing Control and Reclamation Act of 1977 (30 U.S.C. 
1253) is amended by adding at the end the following: 
‘‘(e) STREAM BUFFER ZONE MANAGEMENT.— 
‘‘(1) IN GENERAL.—In addition to the require-
ments under subsection (a), each State program 
shall incorporate the necessary rule regarding excess 
spoil, coal mine waste, and buffers for perennial and 
intermittent streams published by the Office of Sur-
face Mining Reclamation and Enforcement on De-
cember 12, 2008 (73 Fed. Reg. 75813 et seq.) which 
complies with the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) in view of the 2006 discus-
sions between the Director of the Office of Surface 
Mining and the Director of the United States Fish 
and Wildlife Service, and the Office of Surface Min-
ing Reclamation and Enforcement’s consideration 
and review of comments submitted by the United 
States Fish and Wildlife Service during the rule-
making process in 2007. 
‘‘(2) STUDY OF IMPLEMENTATION.—The Sec-
retary shall— 
‘‘(A) at such time as the Secretary deter-
mines all States referred to in subsection (a) 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
172 
HR 2 PCS
have fully incorporated the necessary rule re-
ferred to in paragraph (1) of this subsection 
into their State programs, publish notice of 
such determination; 
‘‘(B) during the 5-year period beginning on 
the date of such publication, assess the effec-
tiveness of implementation of such rule by such 
States; 
‘‘(C) carry out all required consultation on 
the benefits and other impacts of the implemen-
tation of the rule to any threatened species or 
endangered species, with the participation of 
the United States Fish and Wildlife Service and 
the United States Geological Survey; and 
‘‘(D) upon the conclusion of such period, 
submit a comprehensive report on the impacts 
of such rule to the Committee on Natural Re-
sources of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate, including— 
‘‘(i) an evaluation of the effectiveness 
of such rule; 
‘‘(ii) an evaluation of any ways in 
which the existing rule inhibits energy pro-
duction; and 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
173 
HR 2 PCS
‘‘(iii) a description in detail of any 
proposed changes that should be made to 
the rule, the justification for such changes, 
all comments on such changes received by 
the Secretary from such States, and the 
projected costs and benefits of such 
changes. 
‘‘(3) LIMITATION ON NEW REGULATIONS.—The 
Secretary may not issue any regulations under this 
Act relating to stream buffer zones or stream protec-
tion before the date of the publication of the report 
under paragraph (2), other than a rule necessary to 
implement paragraph (1).’’. 
(b) DEADLINE FOR STATE IMPLEMENTATION.—Not 
later than 2 years after the date of the enactment of this 
Act, a State with a State program approved under section 
503 of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1253) shall submit to the Secretary 
of the Interior amendments to such program pursuant to 
part 732 of title 30, Code of Federal Regulations, incor-
porating the necessary rule referred to in subsection (e)(1) 
of such section, as amended by this section. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
174 
HR 2 PCS
DIVISION C—JUDICIARY 
SEC. 1. SHORT TITLE. 
This division may be cited as the ‘‘Responsibly And 
Professionally Invigorating Development Act of 2014’’ or 
as the ‘‘RAPID Act’’. 
SEC. 2. COORDINATION OF AGENCY ADMINISTRATIVE OP-
ERATIONS FOR EFFICIENT DECISIONMAKING. 
(a) IN GENERAL.—Chapter 5 of part 1 of title 5, 
United States Code, is amended by inserting after sub-
chapter II the following: 
‘‘SUBCHAPTER IIA—INTERAGENCY 
COORDINATION REGARDING PERMITTING 
‘‘§ 560. Coordination of agency administrative oper-
ations for efficient decisionmaking 
‘‘(a) CONGRESSIONAL DECLARATION OF PURPOSE.— 
The purpose of this subchapter is to establish a framework 
and procedures to streamline, increase the efficiency of, 
and enhance coordination of agency administration of the 
regulatory review, environmental decisionmaking, and per-
mitting process for projects undertaken, reviewed, or fund-
ed by Federal agencies. This subchapter will ensure that 
agencies administer the regulatory process in a manner 
that is efficient so that citizens are not burdened with reg-
ulatory excuses and time delays. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
175 
HR 2 PCS
‘‘(b) DEFINITIONS.—For purposes of this sub-
chapter, the term— 
‘‘(1) ‘agency’ means any agency, department, or 
other unit of Federal, State, local, or Indian tribal 
government; 
‘‘(2) ‘category of projects’ means 2 or more 
projects related by project type, potential environ-
mental impacts, geographic location, or another 
similar project feature or characteristic; 
‘‘(3) ‘environmental assessment’ means a con-
cise public document for which a Federal agency is 
responsible that serves to— 
‘‘(A) briefly provide sufficient evidence and 
analysis for determining whether to prepare an 
environmental impact statement or a finding of 
no significant impact; 
‘‘(B) aid an agency’s compliance with 
NEPA when no environmental impact state-
ment is necessary; and 
‘‘(C) facilitate preparation of an environ-
mental impact statement when one is necessary; 
‘‘(4) ‘environmental impact statement’ means 
the detailed statement of significant environmental 
impacts required to be prepared under NEPA; 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
176 
HR 2 PCS
‘‘(5) ‘environmental review’ means the Federal 
agency procedures for preparing an environmental 
impact statement, environmental assessment, cat-
egorical exclusion, or other document under NEPA; 
‘‘(6) ‘environmental decisionmaking process’ 
means the Federal agency procedures for under-
taking and completion of any environmental permit, 
decision, approval, review, or study under any Fed-
eral law other than NEPA for a project subject to 
an environmental review; 
‘‘(7) ‘environmental document’ means an envi-
ronmental assessment or environmental impact 
statement, and includes any supplemental document 
or document prepared pursuant to a court order; 
‘‘(8) ‘finding of no significant impact’ means a 
document by a Federal agency briefly presenting the 
reasons why a project, not otherwise subject to a 
categorical exclusion, will not have a significant ef-
fect on the human environment and for which an en-
vironmental impact statement therefore will not be 
prepared; 
‘‘(9) ‘lead agency’ means the Federal agency 
preparing or responsible for preparing the environ-
mental document; 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
177 
HR 2 PCS
‘‘(10) ‘NEPA’ means the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(11) ‘project’ means major Federal actions 
that are construction activities undertaken with Fed-
eral funds or that are construction activities that re-
quire approval by a permit or regulatory decision 
issued by a Federal agency; 
‘‘(12) ‘project sponsor’ means the agency or 
other entity, including any private or public-private 
entity, that seeks approval for a project or is other-
wise responsible for undertaking a project; and 
‘‘(13) ‘record of decision’ means a document 
prepared by a lead agency under NEPA following an 
environmental impact statement that states the lead 
agency’s decision, identifies the alternatives consid-
ered by the agency in reaching its decision and 
states whether all practicable means to avoid or min-
imize environmental harm from the alternative se-
lected have been adopted, and if not, why they were 
not adopted. 
‘‘(c) PREPARATION
OF
ENVIRONMENTAL
DOCU-
MENTS.—Upon the request of the lead agency, the project 
sponsor shall be authorized to prepare any document for 
purposes of an environmental review required in support 
of any project or approval by the lead agency if the lead 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
178 
HR 2 PCS
agency furnishes oversight in such preparation and inde-
pendently evaluates such document and the document is 
approved and adopted by the lead agency prior to taking 
any action or making any approval based on such docu-
ment. 
‘‘(d) ADOPTION AND USE OF DOCUMENTS.— 
‘‘(1) DOCUMENTS PREPARED UNDER NEPA.— 
‘‘(A) Not more than 1 environmental im-
pact statement and 1 environmental assessment 
shall be prepared under NEPA for a project 
(except for supplemental environmental docu-
ments prepared under NEPA or environmental 
documents prepared pursuant to a court order), 
and, except as otherwise provided by law, the 
lead agency shall prepare the environmental im-
pact statement or environmental assessment. 
After the lead agency issues a record of deci-
sion, no Federal agency responsible for making 
any approval for that project may rely on a doc-
ument other than the environmental document 
prepared by the lead agency. 
‘‘(B) Upon the request of a project spon-
sor, a lead agency may adopt, use, or rely upon 
secondary and cumulative impact analyses in-
cluded in any environmental document prepared 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
179 
HR 2 PCS
under NEPA for projects in the same geo-
graphic area where the secondary and cumu-
lative impact analyses provide information and 
data that pertains to the NEPA decision for the 
project under review. 
‘‘(2) STATE
ENVIRONMENTAL
DOCUMENTS; 
SUPPLEMENTAL DOCUMENTS.— 
‘‘(A) Upon the request of a project spon-
sor, a lead agency may adopt a document that 
has been prepared for a project under State 
laws and procedures as the environmental im-
pact statement or environmental assessment for 
the project, provided that the State laws and 
procedures under which the document was pre-
pared provide environmental protection and op-
portunities for public involvement that are sub-
stantially equivalent to NEPA. 
‘‘(B) An environmental document adopted 
under subparagraph (A) is deemed to satisfy 
the lead agency’s obligation under NEPA to 
prepare an environmental impact statement or 
environmental assessment. 
‘‘(C) In the case of a document described 
in subparagraph (A), during the period after 
preparation of the document but before its 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
180 
HR 2 PCS
adoption by the lead agency, the lead agency 
shall prepare and publish a supplement to that 
document if the lead agency determines that— 
‘‘(i) a significant change has been 
made to the project that is relevant for 
purposes of environmental review of the 
project; or 
‘‘(ii) there have been significant 
changes in circumstances or availability of 
information relevant to the environmental 
review for the project. 
‘‘(D) If the agency prepares and publishes 
a supplemental document under subparagraph 
(C), the lead agency may solicit comments from 
agencies and the public on the supplemental 
document for a period of not more than 45 
days beginning on the date of the publication of 
the supplement. 
‘‘(E) A lead agency shall issue its record of 
decision or finding of no significant impact, as 
appropriate, based upon the document adopted 
under subparagraph (A), and any supplements 
thereto. 
‘‘(3) CONTEMPORANEOUS
PROJECTS.—If the 
lead agency determines that there is a reasonable 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
181 
HR 2 PCS
likelihood that the project will have similar environ-
mental impacts as a similar project in geographical 
proximity to the project, and that similar project 
was subject to environmental review or similar State 
procedures within the 5-year period immediately pre-
ceding the date that the lead agency makes that de-
termination, the lead agency may adopt the environ-
mental document that resulted from that environ-
mental review or similar State procedure. The lead 
agency may adopt such an environmental document, 
if it is prepared under State laws and procedures 
only upon making a favorable determination on such 
environmental document pursuant to paragraph 
(2)(A). 
‘‘(e) PARTICIPATING AGENCIES.— 
‘‘(1) IN GENERAL.—The lead agency shall be 
responsible for inviting and designating participating 
agencies in accordance with this subsection. The 
lead agency shall provide the invitation or notice of 
the designation in writing. 
‘‘(2) FEDERAL PARTICIPATING AGENCIES.—Any 
Federal agency that is required to adopt the envi-
ronmental document of the lead agency for a project 
shall be designated as a participating agency and 
shall collaborate on the preparation of the environ-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
182 
HR 2 PCS
mental document, unless the Federal agency informs 
the lead agency, in writing, by a time specified by 
the lead agency in the designation of the Federal 
agency that the Federal agency— 
‘‘(A) has no jurisdiction or authority with 
respect to the project; 
‘‘(B) has no expertise or information rel-
evant to the project; and 
‘‘(C) does not intend to submit comments 
on the project. 
‘‘(3) INVITATION.—The lead agency shall iden-
tify, as early as practicable in the environmental re-
view for a project, any agencies other than an agen-
cy described in paragraph (2) that may have an in-
terest in the project, including, where appropriate, 
Governors of affected States, and heads of appro-
priate tribal and local (including county) govern-
ments, and shall invite such identified agencies and 
officials to become participating agencies in the envi-
ronmental review for the project. The invitation shall 
set a deadline of 30 days for responses to be sub-
mitted, which may only be extended by the lead 
agency for good cause shown. Any agency that fails 
to respond prior to the deadline shall be deemed to 
have declined the invitation. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
183 
HR 2 PCS
‘‘(4) EFFECT
OF
DECLINING
PARTICIPATING 
AGENCY INVITATION.—Any agency that declines a 
designation or invitation by the lead agency to be a 
participating agency shall be precluded from submit-
ting comments on any document prepared under 
NEPA for that project or taking any measures to 
oppose, based on the environmental review, any per-
mit, license, or approval related to that project. 
‘‘(5) EFFECT
OF
DESIGNATION.—Designation 
as a participating agency under this subsection does 
not imply that the participating agency— 
‘‘(A) supports a proposed project; or 
‘‘(B) has any jurisdiction over, or special 
expertise with respect to evaluation of, the 
project. 
‘‘(6) COOPERATING
AGENCY.—A participating 
agency may also be designated by a lead agency as 
a ‘cooperating agency’ under the regulations con-
tained in part 1500 of title 40, Code of Federal Reg-
ulations, as in effect on January 1, 2011. Designa-
tion as a cooperating agency shall have no effect on 
designation as participating agency. No agency that 
is not a participating agency may be designated as 
a cooperating agency. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
184 
HR 2 PCS
‘‘(7) CONCURRENT
REVIEWS.—Each Federal 
agency shall— 
‘‘(A) carry out obligations of the Federal 
agency under other applicable law concurrently 
and in conjunction with the review required 
under NEPA; and 
‘‘(B) in accordance with the rules made by 
the Council on Environmental Quality pursuant 
to subsection (n)(1), make and carry out such 
rules, policies, and procedures as may be rea-
sonably necessary to enable the agency to en-
sure completion of the environmental review 
and environmental decisionmaking process in a 
timely, coordinated, and environmentally re-
sponsible manner. 
‘‘(8) COMMENTS.—Each participating agency 
shall limit its comments on a project to areas that 
are within the authority and expertise of such par-
ticipating agency. Each participating agency shall 
identify in such comments the statutory authority of 
the participating agency pertaining to the subject 
matter of its comments. The lead agency shall not 
act upon, respond to or include in any document 
prepared under NEPA, any comment submitted by 
a participating agency that concerns matters that 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
185 
HR 2 PCS
are outside of the authority and expertise of the 
commenting participating agency. 
‘‘(f) PROJECT INITIATION REQUEST.— 
‘‘(1) NOTICE.—A project sponsor shall provide 
the Federal agency responsible for undertaking a 
project with notice of the initiation of the project by 
providing a description of the proposed project, the 
general location of the proposed project, and a state-
ment of any Federal approvals anticipated to be nec-
essary for the proposed project, for the purpose of 
informing the Federal agency that the environmental 
review should be initiated. 
‘‘(2) LEAD AGENCY INITIATION.—The agency 
receiving a project initiation notice under paragraph 
(1) shall promptly identify the lead agency for the 
project, and the lead agency shall initiate the envi-
ronmental review within a period of 45 days after 
receiving the notice required by paragraph (1) by in-
viting or designating agencies to become partici-
pating agencies, or, where the lead agency deter-
mines that no participating agencies are required for 
the project, by taking such other actions that are 
reasonable and necessary to initiate the environ-
mental review. 
‘‘(g) ALTERNATIVES ANALYSIS.— 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
186 
HR 2 PCS
‘‘(1) PARTICIPATION.—As early as practicable 
during the environmental review, but no later than 
during scoping for a project requiring the prepara-
tion of an environmental impact statement, the lead 
agency shall provide an opportunity for involvement 
by cooperating agencies in determining the range of 
alternatives to be considered for a project. 
‘‘(2) RANGE
OF
ALTERNATIVES.—Following 
participation under paragraph (1), the lead agency 
shall determine the range of alternatives for consid-
eration in any document which the lead agency is re-
sponsible for preparing for the project, subject to the 
following limitations: 
‘‘(A) NO EVALUATION OF CERTAIN ALTER-
NATIVES.—No Federal agency shall evaluate 
any alternative that was identified but not car-
ried forward for detailed evaluation in an envi-
ronmental document or evaluated and not se-
lected in any environmental document prepared 
under NEPA for the same project. 
‘‘(B) 
ONLY
FEASIBLE
ALTERNATIVES 
EVALUATED.—Where a project is being con-
structed, managed, funded, or undertaken by a 
project sponsor that is not a Federal agency, 
Federal agencies shall only be required to evalu-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
187 
HR 2 PCS
ate alternatives that the project sponsor could 
feasibly undertake, consistent with the purpose 
of and the need for the project, including alter-
natives that can be undertaken by the project 
sponsor and that are technically and economi-
cally feasible. 
‘‘(3) METHODOLOGIES.— 
‘‘(A) IN GENERAL.—The lead agency shall 
determine, in collaboration with cooperating 
agencies at appropriate times during the envi-
ronmental review, the methodologies to be used 
and the level of detail required in the analysis 
of each alternative for a project. The lead agen-
cy shall include in the environmental document 
a description of the methodologies used and 
how the methodologies were selected. 
‘‘(B) NO EVALUATION OF INAPPROPRIATE 
ALTERNATIVES.—When a lead agency deter-
mines that an alternative does not meet the 
purpose and need for a project, that alternative 
is not required to be evaluated in detail in an 
environmental document. 
‘‘(4) PREFERRED ALTERNATIVE.—At the dis-
cretion of the lead agency, the preferred alternative 
for a project, after being identified, may be devel-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
188 
HR 2 PCS
oped to a higher level of detail than other alter-
natives in order to facilitate the development of miti-
gation measures or concurrent compliance with other 
applicable laws if the lead agency determines that 
the development of such higher level of detail will 
not prevent the lead agency from making an impar-
tial decision as to whether to accept another alter-
native which is being considered in the environ-
mental review. 
‘‘(5) EMPLOYMENT ANALYSIS.—The evaluation 
of each alternative in an environmental impact state-
ment or an environmental assessment shall identify 
the potential effects of the alternative on employ-
ment, including potential short-term and long-term 
employment increases and reductions and shifts in 
employment. 
‘‘(h) COORDINATION AND SCHEDULING.— 
‘‘(1) COORDINATION PLAN.— 
‘‘(A) IN GENERAL.—The lead agency shall 
establish and implement a plan for coordinating 
public and agency participation in and comment 
on the environmental review for a project or 
category of projects to facilitate the expeditious 
resolution of the environmental review. 
‘‘(B) SCHEDULE.— 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
189 
HR 2 PCS
‘‘(i) IN GENERAL.—The lead agency 
shall establish as part of the coordination 
plan for a project, after consultation with 
each participating agency and, where appli-
cable, the project sponsor, a schedule for 
completion of the environmental review. 
The schedule shall include deadlines, con-
sistent with subsection (i), for decisions 
under any other Federal laws (including 
the issuance or denial of a permit or li-
cense) relating to the project that is cov-
ered by the schedule. 
‘‘(ii) 
FACTORS
FOR
CONSIDER-
ATION.—In establishing the schedule, the 
lead agency shall consider factors such 
as— 
‘‘(I) the responsibilities of par-
ticipating agencies under applicable 
laws; 
‘‘(II) resources available to the 
participating agencies; 
‘‘(III) overall size and complexity 
of the project; 
‘‘(IV) overall schedule for and 
cost of the project; 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
190 
HR 2 PCS
‘‘(V) the sensitivity of the natural 
and historic resources that could be 
affected by the project; and 
‘‘(VI) the extent to which similar 
projects in geographic proximity were 
recently subject to environmental re-
view or similar State procedures. 
‘‘(iii) COMPLIANCE WITH THE SCHED-
ULE.— 
‘‘(I) All participating agencies 
shall comply with the time periods es-
tablished in the schedule or with any 
modified time periods, where the lead 
agency modifies the schedule pursuant 
to subparagraph (D). 
‘‘(II) The lead agency shall dis-
regard and shall not respond to or in-
clude in any document prepared under 
NEPA, any comment or information 
submitted or any finding made by a 
participating agency that is outside of 
the time period established in the 
schedule or modification pursuant to 
subparagraph (D) for that agency’s 
comment, submission or finding. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
191 
HR 2 PCS
‘‘(III) If a participating agency 
fails to object in writing to a lead 
agency decision, finding or request for 
concurrence within the time period es-
tablished under law or by the lead 
agency, the agency shall be deemed to 
have concurred in the decision, finding 
or request. 
‘‘(C) CONSISTENCY WITH OTHER TIME PE-
RIODS.—A schedule under subparagraph (B) 
shall be consistent with any other relevant time 
periods established under Federal law. 
‘‘(D) MODIFICATION.—The lead agency 
may— 
‘‘(i) lengthen a schedule established 
under subparagraph (B) for good cause; 
and 
‘‘(ii) shorten a schedule only with the 
concurrence of the cooperating agencies. 
‘‘(E) DISSEMINATION.—A copy of a sched-
ule under subparagraph (B), and of any modi-
fications to the schedule, shall be— 
‘‘(i) provided within 15 days of com-
pletion or modification of such schedule to 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
192 
HR 2 PCS
all participating agencies and to the 
project sponsor; and 
‘‘(ii) made available to the public. 
‘‘(F) ROLES
AND
RESPONSIBILITY
OF 
LEAD AGENCY.—With respect to the environ-
mental review for any project, the lead agency 
shall have authority and responsibility to take 
such actions as are necessary and proper, with-
in the authority of the lead agency, to facilitate 
the expeditious resolution of the environmental 
review for the project. 
‘‘(i) DEADLINES.—The following deadlines shall 
apply to any project subject to review under NEPA and 
any decision under any Federal law relating to such 
project (including the issuance or denial of a permit or 
license or any required finding): 
‘‘(1) ENVIRONMENTAL REVIEW DEADLINES.— 
The lead agency shall complete the environmental 
review within the following deadlines: 
‘‘(A) ENVIRONMENTAL
IMPACT
STATE-
MENT PROJECTS.—For projects requiring prep-
aration of an environmental impact statement— 
‘‘(i) the lead agency shall issue an en-
vironmental impact statement within 2 
years after the earlier of the date the lead 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
193 
HR 2 PCS
agency receives the project initiation re-
quest or a Notice of Intent to Prepare an 
Environmental Impact Statement is pub-
lished in the Federal Register; and 
‘‘(ii) in circumstances where the lead 
agency has prepared an environmental as-
sessment and determined that an environ-
mental impact statement will be required, 
the lead agency shall issue the environ-
mental impact statement within 2 years 
after the date of publication of the Notice 
of Intent to Prepare an Environmental Im-
pact Statement in the Federal Register. 
‘‘(B) 
ENVIRONMENTAL
ASSESSMENT 
PROJECTS.—For projects requiring preparation 
of an environmental assessment, the lead agen-
cy shall issue a finding of no significant impact 
or publish a Notice of Intent to Prepare an En-
vironmental Impact Statement in the Federal 
Register within 1 year after the earlier of the 
date the lead agency receives the project initi-
ation request, makes a decision to prepare an 
environmental assessment, or sends out partici-
pating agency invitations. 
‘‘(2) EXTENSIONS.— 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
194 
HR 2 PCS
‘‘(A) REQUIREMENTS.—The environmental 
review deadlines may be extended only if— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the 
project sponsor, and all participating agen-
cies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(B) LIMITATION.—The environmental re-
view shall not be extended by more than 1 year 
for a project requiring preparation of an envi-
ronmental impact statement or by more than 
180 days for a project requiring preparation of 
an environmental assessment. 
‘‘(3) ENVIRONMENTAL REVIEW COMMENTS.— 
‘‘(A) COMMENTS
ON
DRAFT
ENVIRON-
MENTAL IMPACT STATEMENT.—For comments 
by agencies and the public on a draft environ-
mental impact statement, the lead agency shall 
establish a comment period of not more than 60 
days after publication in the Federal Register 
of notice of the date of public availability of 
such document, unless— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
195 
HR 2 PCS
project sponsor, and all participating agen-
cies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(B) OTHER
COMMENTS.—For all other 
comment periods for agency or public comments 
in the environmental review process, the lead 
agency shall establish a comment period of no 
more than 30 days from availability of the ma-
terials on which comment is requested, unless— 
‘‘(i) a different deadline is established 
by agreement of the lead agency, the 
project sponsor, and all participating agen-
cies; or 
‘‘(ii) the deadline is extended by the 
lead agency for good cause. 
‘‘(4) 
DEADLINES
FOR
DECISIONS
UNDER 
OTHER LAWS.—Notwithstanding any other provision 
of law, in any case in which a decision under any 
other Federal law relating to the undertaking of a 
project being reviewed under NEPA (including the 
issuance or denial of a permit or license) is required 
to be made, the following deadlines shall apply: 
‘‘(A) DECISIONS PRIOR TO RECORD OF DE-
CISION
OR
FINDING
OF
NO
SIGNIFICANT
IM-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
196 
HR 2 PCS
PACT.—If a Federal agency is required to ap-
prove, or otherwise to act upon, a permit, li-
cense, or other similar application for approval 
related to a project prior to the record of deci-
sion or finding of no significant impact, such 
Federal agency shall approve or otherwise act 
not later than the end of a 90-day period begin-
ning— 
‘‘(i) after all other relevant agency re-
view related to the project is complete; and 
‘‘(ii) after the lead agency publishes a 
notice of the availability of the final envi-
ronmental impact statement or issuance of 
other final environmental documents, or no 
later than such other date that is otherwise 
required by law, whichever event occurs 
first. 
‘‘(B) OTHER DECISIONS.—With regard to 
any approval or other action related to a project 
by a Federal agency that is not subject to sub-
paragraph (A), each Federal agency shall ap-
prove or otherwise act not later than the end of 
a period of 180 days beginning— 
‘‘(i) after all other relevant agency re-
view related to the project is complete; and 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
197 
HR 2 PCS
‘‘(ii) after the lead agency issues the 
record of decision or finding of no signifi-
cant impact, unless a different deadline is 
established by agreement of the Federal 
agency, lead agency, and the project spon-
sor, where applicable, or the deadline is ex-
tended by the Federal agency for good 
cause, provided that such extension shall 
not extend beyond a period that is 1 year 
after the lead agency issues the record of 
decision or finding of no significant im-
pact. 
‘‘(C) FAILURE TO ACT.—In the event that 
any Federal agency fails to approve, or other-
wise to act upon, a permit, license, or other 
similar application for approval related to a 
project within the applicable deadline described 
in subparagraph (A) or (B), the permit, license, 
or other similar application shall be deemed ap-
proved by such agency and the agency shall 
take action in accordance with such approval 
within 30 days of the applicable deadline de-
scribed in subparagraph (A) or (B). 
‘‘(D) FINAL
AGENCY
ACTION.—Any ap-
proval under subparagraph (C) is deemed to be 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
198 
HR 2 PCS
final agency action, and may not be reversed by 
any agency. In any action under chapter 7 seek-
ing review of such a final agency action, the 
court may not set aside such agency action by 
reason of that agency action having occurred 
under this paragraph. 
‘‘(j) ISSUE IDENTIFICATION AND RESOLUTION.— 
‘‘(1) COOPERATION.—The lead agency and the 
participating agencies shall work cooperatively in ac-
cordance with this section to identify and resolve 
issues that could delay completion of the environ-
mental review or could result in denial of any ap-
provals required for the project under applicable 
laws. 
‘‘(2) LEAD
AGENCY
RESPONSIBILITIES.—The 
lead agency shall make information available to the 
participating agencies as early as practicable in the 
environmental review regarding the environmental, 
historic, and socioeconomic resources located within 
the project area and the general locations of the al-
ternatives under consideration. Such information 
may be based on existing data sources, including ge-
ographic information systems mapping. 
‘‘(3) PARTICIPATING
AGENCY
RESPONSIBIL-
ITIES.—Based on information received from the lead 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
199 
HR 2 PCS
agency, participating agencies shall identify, as early 
as practicable, any issues of concern regarding the 
project’s potential environmental, historic, or socio-
economic impacts. In this paragraph, issues of con-
cern include any issues that could substantially delay 
or prevent an agency from granting a permit or 
other approval that is needed for the project. 
‘‘(4) ISSUE RESOLUTION.— 
‘‘(A) MEETING OF PARTICIPATING AGEN-
CIES.—At any time upon request of a project 
sponsor, the lead agency shall promptly convene 
a meeting with the relevant participating agen-
cies and the project sponsor, to resolve issues 
that could delay completion of the environ-
mental review or could result in denial of any 
approvals required for the project under appli-
cable laws. 
‘‘(B) NOTICE THAT RESOLUTION CANNOT 
BE
ACHIEVED.—If a resolution cannot be 
achieved within 30 days following such a meet-
ing and a determination by the lead agency that 
all information necessary to resolve the issue 
has been obtained, the lead agency shall notify 
the heads of all participating agencies, the 
project sponsor, and the Council on Environ-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
200 
HR 2 PCS
mental Quality for further proceedings in ac-
cordance with section 204 of NEPA, and shall 
publish such notification in the Federal Reg-
ister. 
‘‘(k) LIMITATION ON USE OF SOCIAL COST OF CAR-
BON.— 
‘‘(1) IN GENERAL.—In the case of any environ-
mental review or environmental decisionmaking 
process, a lead agency may not use the social cost 
of carbon. 
‘‘(2) DEFINITION.—In this subsection, the term 
‘social cost of carbon’ means the social cost of car-
bon as described in the technical support document 
entitled ‘Technical Support Document: Technical 
Update of the Social Cost of Carbon for Regulatory 
Impact Analysis Under Executive Order No. 12866’, 
published by the Interagency Working Group on So-
cial Cost of Carbon, United States Government, in 
May 2013, revised in November 2013, or any suc-
cessor thereto or substantially related document, or 
any other estimate of the monetized damages associ-
ated with an incremental increase in carbon dioxide 
emissions in a given year. 
‘‘(l) REPORT TO CONGRESS.—The head of each Fed-
eral agency shall report annually to Congress— 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
201 
HR 2 PCS
‘‘(1) the projects for which the agency initiated 
preparation of an environmental impact statement or 
environmental assessment; 
‘‘(2) the projects for which the agency issued a 
record of decision or finding of no significant impact 
and the length of time it took the agency to com-
plete the environmental review for each such project; 
‘‘(3) the filing of any lawsuits against the agen-
cy seeking judicial review of a permit, license, or ap-
proval issued by the agency for an action subject to 
NEPA, including the date the complaint was filed, 
the court in which the complaint was filed, and a 
summary of the claims for which judicial review was 
sought; and 
‘‘(4) the resolution of any lawsuits against the 
agency that sought judicial review of a permit, li-
cense, or approval issued by the agency for an action 
subject to NEPA. 
‘‘(m) LIMITATIONS ON CLAIMS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, a claim arising under Federal law 
seeking judicial review of a permit, license, or ap-
proval issued by a Federal agency for an action sub-
ject to NEPA shall be barred unless— 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
202 
HR 2 PCS
‘‘(A) in the case of a claim pertaining to 
a project for which an environmental review 
was conducted and an opportunity for comment 
was provided, the claim is filed by a party that 
submitted a comment during the environmental 
review on the issue on which the party seeks ju-
dicial review, and such comment was suffi-
ciently detailed to put the lead agency on notice 
of the issue upon which the party seeks judicial 
review; and 
‘‘(B) filed within 180 days after publica-
tion of a notice in the Federal Register an-
nouncing that the permit, license, or approval is 
final pursuant to the law under which the agen-
cy action is taken, unless a shorter time is spec-
ified in the Federal law pursuant to which judi-
cial review is allowed. 
‘‘(2) NEW INFORMATION.—The preparation of 
a supplemental environmental impact statement, 
when required, is deemed a separate final agency ac-
tion and the deadline for filing a claim for judicial 
review of such action shall be 180 days after the 
date of publication of a notice in the Federal Reg-
ister announcing the record of decision for such ac-
tion. Any claim challenging agency action on the 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
203 
HR 2 PCS
basis of information in a supplemental environ-
mental impact statement shall be limited to chal-
lenges on the basis of that information. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to create a right 
to judicial review or place any limit on filing a claim 
that a person has violated the terms of a permit, li-
cense, or approval. 
‘‘(n) CATEGORIES OF PROJECTS.—The authorities 
granted under this subchapter may be exercised for an in-
dividual project or a category of projects. 
‘‘(o) EFFECTIVE DATE.—The requirements of this 
subchapter shall apply only to environmental reviews and 
environmental decisionmaking processes initiated after the 
date of enactment of this subchapter. In the case of a 
project for which an environmental review or environ-
mental decisionmaking process was initiated prior to the 
date of enactment of this subchapter, the provisions of 
subsection (i) shall apply, except that, notwithstanding 
any other provision of this section, in determining a dead-
line under such subsection, any applicable period of time 
shall be calculated as beginning from the date of enact-
ment of this subchapter. 
‘‘(p) APPLICABILITY.—Except as provided in sub-
section (p), this subchapter applies, according to the provi-
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
204 
HR 2 PCS
sions thereof, to all projects for which a Federal agency 
is required to undertake an environmental review or make 
a decision under an environmental law for a project for 
which a Federal agency is undertaking an environmental 
review. 
‘‘(q) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to supersede, amend, or modify sections 134, 
135, 139, 325, 326, and 327 of title 23, sections 5303 
and 5304 of title 49, or subtitle C of title I of division 
A of the Moving Ahead for Progress in the 21st Century 
Act and the amendments made by such subtitle (Public 
Law 112–141).’’. 
(b) TECHNICAL AMENDMENT.—The table of sections 
for chapter 5 of title 5, United States Code, is amended 
by inserting after the items relating to subchapter II the 
following: 
‘‘SUBCHAPTER IIA—INTERAGENCY COORDINATION REGARDING PERMITTING 
‘‘560. Coordination of agency administrative operations for efficient decision-
making.’’. 
(c) REGULATIONS.— 
(1) COUNCIL ON ENVIRONMENTAL QUALITY.— 
Not later than 180 days after the date of enactment 
of this division, the Council on Environmental Qual-
ity shall amend the regulations contained in part 
1500 of title 40, Code of Federal Regulations, to im-
plement the provisions of this division and the 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
205 
HR 2 PCS
amendments made by this division, and shall by rule 
designate States with laws and procedures that sat-
isfy the criteria under section 560(d)(2)(A) of title 
5, United States Code. 
(2) FEDERAL AGENCIES.—Not later than 120 
days after the date that the Council on Environ-
mental Quality amends the regulations contained in 
part 1500 of title 40, Code of Federal Regulations, 
to implement the provisions of this division and the 
amendments made by this division, each Federal 
agency with regulations implementing the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) shall amend such regulations to implement 
the provisions of this division. 
Passed the House of Representatives September 18, 
2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS
Calendar No. 601 
113TH CONGRESS 
2D SESSION 
H. R. 2 
AN ACT 
To remove Federal Government obstacles to the 
production of more domestic energy; to ensure 
transport of that energy reliably to businesses, 
consumers, and other end users; to lower the cost 
of energy to consumers; to enable manufacturers 
and other businesses to access domestically pro-
duced energy affordably and reliably in order to 
create and sustain more secure and well-paying 
American jobs; and for other purposes. 
NOVEMBER 17, 2014 
Read the second time and placed on the calendar 
VerDate Sep 11 2014 
22:47 Nov 17, 2014
Jkt 049200
PO 00000
Frm 00206
Fmt 6651
Sfmt 6651
E:\BILLS\H2.PCS
H2
tkelley on DSK3SPTVN1PROD with BILLS