(1) in subsection (a), by striking ‘‘Not later than 
2 years after the date of enactment of this Act, the’’ 
and inserting ‘‘The’’; and 
(2) in subsection (b), by striking ‘‘Not later than 
4 years after the date of enactment of this Act, the’’ 
and inserting ‘‘The’’. 
(b) STUDY.— 
(1) STUDY.—Not later than 6 months after the 
date of enactment of this Act, the Secretary of Agri-
culture, the Secretary of Commerce, the Secretary of 
Defense, the Secretary of Energy, and the Secretary 
of the Interior (in this subsection referred to collec-
tively as ‘‘the Secretaries’’) shall, in consultation with 
affected States, complete a study of— 
(A) congestion and constraints in trans-
mission of electricity, carbon dioxide captured 
from coal-fired powerplants and coal-to-liquids 
plants, liquid fuels derived from coal, oil, gas, 
and hydrogen; 
(B) barriers to access for transmission from 
renewable energy sources, such as large and 
small conventional hydropower, wind energy, 
and solar energy; and 
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(C) the need for energy corridors on public 
lands to address identified congestion or con-
straints. 
(2) CONSIDERATIONS.—In performing the study, 
the Secretaries— 
(A) shall take into account the studies of 
electrical 
transmission 
congestion 
completed 
under section 216(a)(1) of the Federal Power Act 
(16 U.S.C. 824(p)(a)(1)), other projects author-
ized or under consideration on public lands and 
such projects outside public lands, and alter-
natives, individually and in concert, that could 
be implemented to address the needs identified, 
including an analysis of demand reduction, 
available new technology, and distributed gen-
eration measures that could be taken; 
(B) shall not consider as available for des-
ignation as a corridor, any area that is— 
(i) within one mile of any place des-
ignated or otherwise identified by State or 
Federal law or any applicable Federal or 
State land use plan for recognition or pro-
tection of scenic, natural, cultural, or his-
toric resources; or 
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(ii) in a sensitive ecological area, in-
cluding any area that is designated as crit-
ical habitat under the Endangered Species 
Act of 1973 or otherwise identified as sen-
sitive or crucial habitat, including seasonal 
habitat, by the United States Fish and 
Wildlife Service, by a State agency respon-
sible for managing wildlife or wildlife habi-
tat, or in a Federal or State land use plan; 
(C) identify opportunities to mitigate to the 
maximum extent practicable the potential im-
pact of designating energy corridors, and of the 
reasonably foreseeable uses of those corridors for 
power lines, pipelines, and other transmission 
facilities, on natural, scenic, cultural, and his-
toric values and areas referred to in subpara-
graph (B), the protection of which is in the na-
tional interest, including opportunities to mini-
mize the width of corridors, limiting the types 
and numbers of uses of corridors, and placement 
of facilities underground; and 
(D) identify opportunities to improve access 
to the national electric power grid for generators 
of renewable energy, such as wind, hydropower, 
biomass, hydrogen, geothermal, and solar. 
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(3) UPDATES.—The Secretaries shall periodi-
cally update the results of the study as they consider 
appropriate. 
(4) REPORTS.—After considering recommenda-
tions from interested persons (including an oppor-
tunity for comment from the public and affected 
States), the Secretaries shall issue— 
(A) a report presenting the results of the 
study; and 
(B) a report on each update of the study 
under paragraph (3). 
(c) DEFERRAL OF DESIGNATION OF ENERGY COR-
RIDORS PENDING COMPLETION OF STUDY.— 
(1) LIMITATION ON ACTIONS PENDING COMPLE-
TION OF STUDY.—The Secretaries shall not designate 
energy corridors on public lands, including those cor-
ridors under consideration based on section 368 of the 
Energy Policy Act of 2005 (Public Law 109–58) as 
in effect prior to the enactment of this Act, and shall 
not authorize specific rights-of-way or projects in such 
corridors, until the study under subsection (b) is com-
pleted. 
(2) USE OF STUDY RESULTS FOR ACTIONS AFTER 
COMPLETION OF STUDY.— 
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(A) IN GENERAL.—Subject to subparagraph 
(B), after completion of the study under sub-
section (b), the Secretaries shall use the results of 
the study to inform subsequent decisions to grant 
rights-of-way, including under title V of the Fed-
eral Land Policy and Management Act of 1976 
(43 U.S.C. 1761 et seq.), and to amend land use 
plans to designate energy corridors or authorize 
rights-of-way, in any area for which no such des-
ignation or authorization currently exists. 
(B) LIMITATION ON USE.—The results of the 
study shall not affect the Secretaries’ obligations 
to analyze the environmental consequences of a 
designation or authorization referred to in sub-
paragraph (A), or to otherwise comply with ap-
plicable laws. 
(d) AUTHORITY TO AUTHORIZE RIGHTS-OF-WAY.— 
Nothing in this section shall limit the ability of the Secre-
taries to authorize rights-of-way for energy transmission 
projects that are consistent with the governing land use 
plan, after completion of environmental analysis and com-
pliance with applicable laws. 
SEC. 104. OIL SHALE AND TAR SANDS LEASING. 
Section 369 of the Energy Policy Act of 2005 (42 
U.S.C. 15927) is amended— 
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(1) in subsection (c), by striking ‘‘not later than 
180 days after the date of enactment of this Act,’’; 
(2) in subsection (c), by striking ‘‘shall make’’ 
and inserting ‘‘may make’’; 
(3) in subsection (d)(1), by striking ‘‘Not later 
than 18 months after the date of enactment of this 
Act, in’’ and inserting ‘‘In’’; 
(4) in subsection (d)(2)— 
(A) in the heading by striking ‘‘FINAL’’ and 
inserting ‘‘PROPOSED’’; and 
(B) in the text by striking ‘‘final’’ and in-
serting ‘‘proposed’’; 
(5) in subsection (d)(2), by striking ‘‘6’’ and in-
serting ‘‘12’’; 
(6) in subsection (d)(2) by inserting after the pe-
riod ‘‘The proposed regulations developed under this 
paragraph are to be open for public comment for no 
less than 180 days.’’; 
(7) by redesignating subsections (e) through (s) 
as subsections (g) through (u), and by inserting after 
subsection (d) the following: 
‘‘(e) OIL SHALE AND TAR SANDS LEASING AND DE-
VELOPMENT STRATEGY.— 
‘‘(1) GENERAL.—Not later than 6 months after 
the completion of the programmatic environmental 
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impact statement under subsection (d), the Secretary 
shall prepare an oil shale and tar sands leasing and 
development strategy, in cooperation with the Sec-
retary of Energy and the Administrator of the Envi-
ronmental Protection Agency. 
‘‘(2) PURPOSE.—The purpose of the strategy de-
veloped under this subsection is to allow for the sus-
tainable and publicly acceptable large-scale develop-
ment of oil shale within the Green River Formation. 
‘‘(3) CONTENTS.—The strategy shall include 
plans and programs for obtaining information re-
quired for determining the optimal methods, loca-
tions, amount, and timeframe for potential develop-
ment on federal lands within the Green River Forma-
tion. The strategy shall also include plans for con-
ducting critical environmental and ecological re-
search, high-payoff process improvement research, an 
assessment of carbon management options, and a 
large-scale demonstration of carbon dioxide sequestra-
tion in the general vicinity of the Piceance Basin. 
‘‘(f) ALTERNATIVE APPROACHES.—Not later than nine 
months after the completion of the programmatic environ-
mental impact statement under subsection (d), the Sec-
retary shall, in cooperation with the Secretary of Energy 
and the Administrator of the Environmental Protection 
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Agency, prepare and publish a report on alternative ap-
proaches to providing access to Federal lands for early first- 
of-a-kind commercial facilities for extracting and proc-
essing oil shale and tar sands.’’; 
(8) in subsection (g), as so redesignated, by strik-
ing ‘‘of the final regulation required by subsection 
(d)’’ and inserting ‘‘of final regulations issued under 
this section’’; 
(9) in subsection (g), as so redesignated, by add-
ing at the end the following: ‘‘Compliance with the 
National Environmental Policy Act of 1969 is re-
quired on a site-by-site basis for all lands proposed to 
be leased under the commercial leasing program es-
tablished in this subsection.’’; and 
(10) in subsection (i)(1)(B), as so redesignated, 
by striking ‘‘subsection (e)’’ and inserting ‘‘subsection 
(g)’’. 
SEC. 105. LIMITATION OF REBUTTABLE PRESUMPTION RE-
GARDING APPLICATION OF CATEGORICAL EX-
CLUSION UNDER NEPA FOR OIL AND GAS EX-
PLORATION AND DEVELOPMENT ACTIVITIES. 
Section 390 of the Energy Policy Act of 2005 (Public 
Law 109–58; 42 U.S.C. 15942) is amended— 
(1) in subsection (b)(3), by inserting ‘‘, other 
than at such a location or site in an area that is cru-
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cial wildlife habitat or a significant wildlife corridor’’ 
after ‘‘activity’’ ; and 
(2) by adding at the end the following: 
‘‘(c) ADHERENCE TO CEQ REGULATIONS.—In admin-
istering this section, the Secretary of the Interior in man-
aging the public lands, and the Secretary of Agriculture in 
managing National Forest System lands, shall adhere to the 
regulations issued by the Council on Environmental Qual-
ity relating to categorical exclusions (40 C.F.R. 1507.3 and 
1508.4), as in effect on the date of enactment of this Act.’’. 
SEC. 106. BEST MANAGEMENT PRACTICES. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of the Interior, through the Bureau 
of Land Management, shall amend the best management 
practices guidelines for oil and gas development on Federal 
lands, to— 
(1) require public review and comment prior to 
waiving any stipulation of an oil and gas lease for 
such lands, except in the case of an emergency; and 
(2) create an incentive for oil and gas operators 
to adopt best management practices that minimize 
adverse impacts to wildlife habitat, by providing ex-
pedited permit review for any operator that commits 
to adhering to those practices without seeking waiver 
of such stipulations. 
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SEC. 107. FEDERAL CONSISTENCY APPEALS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Federal Consistency Appeals Decision Refinement Act’’. 
(b) CLARIFICATION OF APPEAL DECISION TIME PERI-
ODS AND INFORMATION REQUIREMENTS.—Section 319(b) of 
the Coastal Zone Management Act of 1972 (16 U.S.C. 
1465(b)) is amended— 
(1) in paragraph (1), by striking ‘‘160-day’’ and 
inserting ‘‘320-day’’; 
(2) in paragraph (3)(A)— 
(A) by striking ‘‘160-day’’ and inserting 
‘‘320-day’’; and 
(B) by amending clause (ii) to read as fol-
lows: 
‘‘(ii) as the Secretary determines nec-
essary to receive, on an expedited basis, any 
supplemental or clarifying information rel-
evant to the consolidated record compiled by 
the lead Federal permitting agency to com-
plete a consistency review under this title.’’; 
and 
(3) in paragraph (3)(B)— 
(A) by striking ‘‘160-day’’ and inserting 
‘‘320-day’’; and 
(B) by striking ‘‘for a period not to exceed 
60 days.’’ and inserting ‘‘once.’’. 
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TITLE 
II—FEDERAL 
ENERGY 
PUBLIC ACCOUNTABILITY, IN-
TEGRITY, AND PUBLIC INTER-
EST 
Subtitle A—Accountability and In-
tegrity in the Federal Energy 
Program 
SEC. 201. LIMITATIONS ON ROYALTY IN-KIND. 
Section 342 of the Energy Policy Act of 2005 (42 
U.S.C. 15902(d)) is amended— 
(1) in subsection (d)— 
(A) in the heading by striking ‘‘BENEFIT’’ 
and inserting ‘‘FILLING OF STRATEGIC PETRO-
LEUM RESERVE AND BENEFIT’’; and 
(B) by striking ‘‘only if’’ and inserting 
‘‘only if receiving such royalties in-kind is for 
the purpose of filling the Strategic Petroleum Re-
serve and’’; and 
(2) by adding at the end: 
‘‘(k) LIMITATION.— 
‘‘(1) IN
GENERAL.—No amount of the total 
amount of royalties collected by the Secretary in a fis-
cal year may be collected as royalties in-kind. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply with respect to royalties in-kind collected for 
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