II 
Calendar No. 254 
113TH CONGRESS 
1ST SESSION H. R. 1965 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 21, 2013 
Received; read the first time 
DECEMBER 9, 2013 
Read the second time and placed on the calendar 
AN ACT 
To streamline and ensure onshore energy permitting, provide 
for onshore leasing certainty, and give certainty to oil 
shale development for American energy security, eco-
nomic development, and job creation, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Lands Jobs 
and Energy Security Act of 2013’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
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Sec. 2. Table of contents. 
TITLE I—FEDERAL LANDS JOBS AND ENERGY SECURITY 
Sec. 1001. Short title. 
Sec. 1002. Policies regarding buying, building, and working for America. 
Subtitle A—Onshore Oil and Gas Permit Streamlining 
Sec. 1101. Short title. 
CHAPTER 1—APPLICATION FOR PERMITS TO DRILL PROCESS REFORM 
Sec. 1111. Permit to drill application timeline. 
Sec. 1112. Solar and wind right-of-way rental reform. 
CHAPTER 2—ADMINISTRATIVE PROTEST DOCUMENTATION REFORM 
Sec. 1121. Administrative protest documentation reform. 
CHAPTER 3—PERMIT STREAMLINING 
Sec. 1131. Improve Federal energy permit coordination. 
Sec. 1132. Administration of current law. 
CHAPTER 4—JUDICIAL REVIEW 
Sec. 1141. Definitions. 
Sec. 1142. Exclusive venue for certain civil actions relating to covered energy 
projects. 
Sec. 1143. Timely filing. 
Sec. 1144. Expedition in hearing and determining the action. 
Sec. 1145. Standard of review. 
Sec. 1146. Limitation on injunction and prospective relief. 
Sec. 1147. Limitation on attorneys’ fees. 
Sec. 1148. Legal standing. 
CHAPTER 5—KNOWING AMERICA’S OIL AND GAS RESOURCES 
Sec. 1151. Funding oil and gas resource assessments. 
Subtitle B—Oil and Gas Leasing Certainty 
Sec. 1201. Short title. 
Sec. 1202. Minimum acreage requirement for onshore lease sales. 
Sec. 1203. Leasing certainty. 
Sec. 1204. Leasing consistency. 
Sec. 1205. Reduce redundant policies. 
Sec. 1206. Streamlined congressional notification. 
Subtitle C—Oil Shale 
Sec. 1301. Short title. 
Sec. 1302. Effectiveness of oil shale regulations, amendments to resource man-
agement plans, and record of decision. 
Sec. 1303. Oil shale leasing. 
Subtitle D—Miscellaneous Provisions 
Sec. 1401. Rule of construction. 
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TITLE II—PLANNING FOR AMERICAN ENERGY 
Sec. 2001. Short title. 
Sec. 2002. Onshore domestic energy production strategic plan. 
TITLE III—NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS 
Sec. 3001. Short title. 
Sec. 3002. Sense of Congress and reaffirming national policy for the National 
Petroleum Reserve in Alaska. 
Sec. 3003. National Petroleum Reserve in Alaska: lease sales. 
Sec. 3004. National Petroleum Reserve in Alaska: planning and permitting 
pipeline and road construction. 
Sec. 3005. Issuance of a new integrated activity plan and environmental impact 
statement. 
Sec. 3006. Departmental accountability for development. 
Sec. 3007. Deadlines under new proposed integrated activity plan. 
Sec. 3008. Updated resource assessment. 
TITLE IV—BLM LIVE INTERNET AUCTIONS 
Sec. 4001. Short title. 
Sec. 4002. Internet-based onshore oil and gas lease sales. 
TITLE V—NATIVE AMERICAN ENERGY 
Sec. 5001. Short title. 
Sec. 5002. Appraisals. 
Sec. 5003. Standardization. 
Sec. 5004. Environmental reviews of major Federal actions on Indian lands. 
Sec. 5005. Judicial review. 
Sec. 5006. Tribal biomass demonstration project. 
Sec. 5007. Tribal resource management plans. 
Sec. 5008. Leases of restricted lands for the Navajo Nation. 
Sec. 5009. Nonapplicability of certain rules. 
TITLE I—FEDERAL LANDS JOBS 
AND ENERGY SECURITY 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Federal Lands Jobs 
and Energy Security Act’’. 
SEC. 1002. POLICIES REGARDING BUYING, BUILDING, AND 
WORKING FOR AMERICA. 
(a) CONGRESSIONAL INTENT.—It is the intent of the 
Congress that— 
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(1) this title will support a healthy and growing 
United States domestic energy sector that, in turn, 
helps to reinvigorate American manufacturing, 
transportation, and service sectors by employing the 
vast talents of United States workers to assist in the 
development of energy from domestic sources; 
(2) to ensure a robust onshore energy produc-
tion industry and ensure that the benefits of devel-
opment support local communities, under this title, 
the Secretary shall make every effort to promote the 
development of onshore American energy, and shall 
take into consideration the socioeconomic impacts, 
infrastructure requirements, and fiscal stability for 
local communities located within areas containing 
onshore energy resources; and 
(3) the Congress will monitor the deployment of 
personnel and material onshore to encourage the de-
velopment of American manufacturing to enable 
United States workers to benefit from this title 
through good jobs and careers, as well as the estab-
lishment of important industrial facilities to support 
expanded access to American resources. 
(b) REQUIREMENT.—The Secretary of the Interior 
shall when possible, and practicable, encourage the use of 
United States workers and equipment manufactured in 
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the United States in all construction related to mineral 
resource development under this title. 
Subtitle A—Onshore Oil and Gas 
Permit Streamlining 
SEC. 1101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Streamlining Per-
mitting of American Energy Act of 2013’’. 
CHAPTER 1—APPLICATION FOR PERMITS 
TO DRILL PROCESS REFORM 
SEC. 1111. PERMIT TO DRILL APPLICATION TIMELINE. 
Section 17(p)(2) of the Mineral Leasing Act (30 
U.S.C. 226(p)(2)) is amended to read as follows: 
‘‘(2) APPLICATIONS FOR PERMITS TO DRILL RE-
FORM AND PROCESS.— 
‘‘(A) TIMELINE.—The Secretary shall de-
cide whether to issue a permit to drill within 30 
days after receiving an application for the per-
mit. The Secretary may extend such period for 
up to 2 periods of 15 days each, if the Sec-
retary has given written notice of the delay to 
the applicant. The notice shall be in the form 
of a letter from the Secretary or a designee of 
the Secretary, and shall include the names and 
titles of the persons processing the application, 
the specific reasons for the delay, and a specific 
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date a final decision on the application is ex-
pected. 
‘‘(B) NOTICE OF REASONS FOR DENIAL.— 
If the application is denied, the Secretary shall 
provide the applicant— 
‘‘(i) in writing, clear and comprehen-
sive reasons why the application was not 
accepted and detailed information con-
cerning any deficiencies; and 
‘‘(ii) an opportunity to remedy any de-
ficiencies. 
‘‘(C) APPLICATION DEEMED APPROVED.— 
If the Secretary has not made a decision on the 
application by the end of the 60-day period be-
ginning on the date the application is received 
by the Secretary, the application is deemed ap-
proved, except in cases in which existing reviews 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) or Endangered 
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— 
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‘‘(i) provide to the applicant a descrip-
tion of the reasons for the denial of the 
permit; 
‘‘(ii) allow the applicant to resubmit 
an application for a permit to drill during 
the 10-day period beginning on the date 
the applicant receives the description of 
the denial from the Secretary; and 
‘‘(iii) issue or deny any resubmitted 
application not later than 10 days after the 
date the application is submitted to the 
Secretary. 
‘‘(E) FEE.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other law, the Secretary shall collect a 
single $6,500 permit processing fee per ap-
plication from each applicant at the time 
the final decision is made whether to issue 
a permit under subparagraph (A). This fee 
shall not apply to any resubmitted applica-
tion. 
‘‘(ii) TREATMENT OF PERMIT PROC-
ESSING FEE.—Of all fees collected under 
this paragraph, 50 percent shall be trans-
ferred to the field office where they are col-
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lected and used to process protests, leases, 
and permits under this Act subject to ap-
propriation.’’. 
SEC. 1112. SOLAR AND WIND RIGHT-OF-WAY RENTAL RE-
FORM. 
(a) IN GENERAL.—Subject to subsection (b), and 
notwithstanding any other provision of law, of fees col-
lected each fiscal year as annual wind energy and solar 
energy right-of-way authorization fees required under sec-
tion 504(g) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1764(g))— 
(1) no less than 25 percent shall be available, 
subject to appropriation, for use for solar and wind 
permitting and management activities by Depart-
ment of the Interior field offices responsible for the 
land where the fees were collected; 
(2) no less than 25 percent shall be available, 
subject to appropriation, for Bureau of Land Man-
agement solar and wind permit approval activities; 
and 
(3) no less than 25 percent shall be available, 
subject to appropriation, to the Secretary of the In-
terior for department-wide solar and wind permitting 
activities. 
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(b) LIMITATION.—The amount used under subsection 
(a) each fiscal year shall not exceed $5,000,000. 
CHAPTER 2—ADMINISTRATIVE PROTEST 
DOCUMENTATION REFORM 
SEC. 1121. 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-
lected and used to process protests subject to 
appropriation.’’. 
CHAPTER 3—PERMIT STREAMLINING 
SEC. 1131. IMPROVE FEDERAL ENERGY PERMIT COORDINA-
TION. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
(referred to in this section as the ‘‘Secretary’’) shall estab-
lish a Federal Permit Streamlining Project (referred to 
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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-
ergy projects on Federal lands to be a signatory to 
the memorandum of understanding. 
(c) DESIGNATION OF QUALIFIED STAFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the signing of the memorandum of un-
derstanding under subsection (b), all Federal signa-
tory parties shall, if appropriate, assign to each of 
the Bureau of Land Management field offices an 
employee who has expertise in the regulatory issues 
relating to the office in which the employee is em-
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ployed, including, as applicable, particular expertise 
in— 
(A) the consultations and the preparation 
of biological opinions under section 7 of the En-
dangered Species Act of 1973 (16 U.S.C. 
1536); 
(B) permits under section 404 of Federal 
Water Pollution Control Act (33 U.S.C. 1344); 
(C) regulatory matters under the Clean Air 
Act (42 U.S.C. 7401 et seq.); 
(D) planning under the National Forest 
Management Act of 1976 (16 U.S.C. 472a et 
seq.); and 
(E) the preparation of analyses under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(2) DUTIES.—Each employee assigned under 
paragraph (1) shall— 
(A) not later than 90 days after the date 
of assignment, report to the Bureau of Land 
Management Field Managers in the office to 
which the employee is assigned; 
(B) be responsible for all issues relating to 
the energy projects that arise under the au-
thorities of the employee’s home agency; and 
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(C) participate as part of the team of per-
sonnel working on proposed energy projects, 
planning, and environmental analyses on Fed-
eral lands. 
(d) ADDITIONAL PERSONNEL.—The Secretary shall 
assign to each Bureau of Land Management field office 
identified in subsection (a) any additional personnel that 
are necessary to ensure the effective approval and imple-
mentation of energy projects administered by the Bureau 
of Land Management field offices, including inspection 
and enforcement relating to energy development on Fed-
eral land, in accordance with the multiple use mandate 
of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.). 
(e) FUNDING.—Funding for the additional personnel 
shall come from the Department of the Interior reforms 
identified in sections 1111, 1112, and 1121. 
(f) SAVINGS PROVISION.—Nothing in this section af-
fects— 
(1) the operation of any Federal or State law; 
or 
(2) any delegation of authority made by the 
head of a Federal agency whose employees are par-
ticipating in the Project. 
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(g) DEFINITION.—For purposes of this section the 
term ‘‘energy projects’’ includes oil, natural gas, coal, and 
other energy projects as defined by the Secretary. 
SEC. 1132. 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). 
CHAPTER 4—JUDICIAL REVIEW 
SEC. 1141. DEFINITIONS. 
In this chapter— 
(1) the term ‘‘covered civil action’’ means a civil 
action containing a claim under section 702 of title 
5, United States Code, regarding agency action (as 
defined for the purposes of that section) affecting a 
covered energy project on Federal lands of the 
United States; and 
(2) the term ‘‘covered energy project’’ means 
the leasing of Federal lands of the United States for 
the exploration, development, production, processing, 
or transmission of oil, natural gas, wind, or any 
other source of energy, and any action under such 
a lease, except that the term does not include any 
disputes between the parties to a lease regarding the 
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‘‘(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 
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 
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‘‘(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. 
‘‘(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.’’. 
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