those terms in section 2601 of the Energy Policy 
Act of 1992 (25 U.S.C. 3501). 
‘‘(2) IN GENERAL.—For any major Federal ac-
tion on Indian land 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— 
‘‘(A) the members of the Indian tribe; and 
‘‘(B) any other individual residing within 
the affected area. 
‘‘(3) REGULATIONS.—The Chairman of the 
Council on Environmental Quality, in consultation 
with Indian tribes, shall develop regulations to im-
plement this section, including descriptions of af-
fected areas for specific major Federal actions.’’. 
SEC. 5025. JUDICIAL REVIEW. 
(a) DEFINITIONS.—In this section: 
(1) AGENCY ACTION.—The term ‘‘agency ac-
tion’’ has the meaning given the term in section 551 
of title 5, United States Code. 
(2) ENERGY-RELATED ACTION.—The term ‘‘en-
ergy-related action’’ means a civil action that— 
(A) is filed on or after the date of enact-
ment of this Act; and 
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(B) seeks judicial review of a final agency 
action relating to the issuance of a permit, li-
cense, or other form of agency permission allow-
ing— 
(i) any person or entity to conduct on 
Indian land activities involving the explo-
ration, development, production, or trans-
portation of oil, gas, coal, shale gas, oil 
shale, geothermal resources, wind or solar 
resources, underground coal gasification, 
biomass, or the generation of electricity; or 
(ii) any Indian tribe, or any organiza-
tion of 2 or more entities, not less than 1 
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. 
(3) INDIAN LAND.— 
(A) IN
GENERAL.—The term ‘‘Indian 
land’’ has the meaning given the term in sec-
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tion 2601 of the Energy Policy Act of 1992 (25 
U.S.C. 3501). 
(B) INCLUSION.—The term ‘‘Indian land’’ 
includes land owned by a Native Corporation 
(as that term is defined in section 3 of the 
Alaska Native Claims Settlement Act (43 
U.S.C. 1602)) under that Act (43 U.S.C. 1601 
et seq.). 
(4) ULTIMATELY PREVAIL.— 
(A) IN GENERAL.—The term ‘‘ultimately 
prevail’’ means, in a final enforceable judgment 
that the court rules in the party’s favor on at 
least 1 civil claim that is an underlying ration-
ale for the preliminary injunction, administra-
tive stay, or other relief requested by the party. 
(B) EXCLUSION.—The term ‘‘ultimately 
prevail’’ does not include circumstances in 
which the final agency action is modified or 
amended by the issuing agency unless the modi-
fication or amendment is required pursuant to 
a final enforceable judgment of the court or a 
court-ordered consent decree. 
(b) TIME FOR FILING COMPLAINT.— 
(1) IN GENERAL.—Any energy related action 
shall be filed not later than the end of the 60-day 
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period beginning on the date of the action or deci-
sion by a Federal official that constitutes the cov-
ered energy project concerned. 
(2) PROHIBITION.—Any energy related action 
that is not filed within the time period described in 
paragraph (1) shall be barred. 
(c) DISTRICT COURT VENUE AND DEADLINE.—An 
energy related action— 
(1) may only be brought in the United States 
District 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 
the energy related action is filed. 
(d) APPELLATE REVIEW.—An interlocutory order or 
final judgment, decree or order of the district court in an 
energy related action— 
(1) may be appealed to the United States Court 
of Appeals for the District of Columbia Circuit; and 
(2) if the court described in paragraph (1) un-
dertakes the review, the court shall resolve the re-
view as expeditiously as possible, and in any event 
by not later than 180 days after the interlocutory 
order or final judgment, decree or order of the dis-
trict court was issued. 
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(e) 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. 
(f) LIMITATION ON ATTORNEYS’ FEES AND COURT 
COSTS.— 
(1) IN GENERAL.—Sections 504 of title 5 and 
2412 of title 28, United States Code (commonly 
known as the ‘‘Equal Access to Justice Act’’), shall 
not apply to an energy related action. 
(2) COURT COSTS.—A party to a covered civil 
action shall not receive payment from the Federal 
Government for the attorneys’ fees, expenses, or 
other court costs incurred by the party. 
SEC. 5026. TRIBAL RESOURCE MANAGEMENT PLANS. 
Unless otherwise explicitly exempted by Federal law 
enacted after the date of enactment of this Act, any activ-
ity conducted or resources harvested or produced pursuant 
to a tribal resource management plan or an integrated re-
source management plan approved by the Secretary of the 
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Interior under the National Indian Forest Resources Man-
agement 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 sustainable manage-
ment practice for purposes of any Federal standard, ben-
efit, or requirement that requires a demonstration of such 
sustainability. 
SEC. 5027. 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) (commonly known as the 
‘‘Long-Term Leasing Act’’), is amended— 
(1) by striking ‘‘, except a lease for’’ and insert-
ing ‘‘, including leases for’’; 
(2) in subparagraph (A), by striking ‘‘25 years, 
except’’ and all that follows through ‘‘; and’’ and in-
serting ‘‘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 
the lease may include an option to renew for 1 addi-
tional term not to exceed 25 years.’’. 
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SEC. 5028. NONAPPLICABILITY OF CERTAIN RULES. 
No rule promulgated by the Secretary of the Interior 
regarding hydraulic fracturing used in the development or 
production of oil or gas resources shall affect any land 
held in trust or restricted status for the benefit of Indians 
except with the express consent of the beneficiary on be-
half of which the land is held in trust or restricted status. 
Subtitle C—Additional Regulatory 
Provisions 
PART I—STATE AUTHORITY OVER HYDRAULIC 
FRACTURING 
SEC. 5031. FINDING. 
Congress finds that given variations in geology, land 
use, and population, the States are best placed to regulate 
the process of hydraulic fracturing occurring on any land 
within the boundaries of the individual State. 
SEC. 5032. STATE AUTHORITY. 
(a) DEFINITION OF FEDERAL LAND.—In this sec-
tion, the term ‘‘Federal land’’ means— 
(1) public lands (as defined in section 103 of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702)); 
(2) National Forest System land; 
(3) land under the jurisdiction of the Bureau of 
Reclamation; and 
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(4) land under the jurisdiction of the Corps of 
Engineers. 
(b) STATE AUTHORITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, a State shall have the sole author-
ity to promulgate or enforce any regulation, guid-
ance, or permit requirement regarding the treatment 
of a well by the application of fluids under pressure 
to which propping agents may be added for the ex-
pressly designed purpose of initiating or propagating 
fractures in a target geologic formation in order to 
enhance production of oil, natural gas, or geothermal 
production activities on or under any land within the 
boundaries of the State. 
(2) FEDERAL
LAND.—Notwithstanding any 
other provision of law, the treatment of a well by the 
application of fluids under pressure to which prop-
ping agents may be added for the expressly designed 
purpose of initiating or propagating fractures in a 
target geologic formation in order to enhance pro-
duction of oil, natural gas, or geothermal production 
activities on Federal land shall be subject to the law 
of the State in which the land is located. 
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PART II—MISCELLANEOUS PROVISIONS 
SEC. 5041. ENVIRONMENTAL LEGAL FEES. 
Section 504 of title 5, United States Code, is amend-
ed by adding at the end the following: 
‘‘(g) ENVIRONMENTAL
LEGAL
FEES.—Notwith-
standing section 1304 of title 31, no award may be made 
under this section and no amounts may be obligated or 
expended from the Claims and Judgment Fund of the 
Treasury to pay any legal fees of a nongovernmental orga-
nization related to an action that (with respect to the 
United States)— 
‘‘(1) prevents, terminates, or reduces access to 
or the production of— 
‘‘(A) energy; 
‘‘(B) a mineral resource; 
‘‘(C) water by agricultural producers; 
‘‘(D) a resource by commercial or rec-
reational fishermen; or 
‘‘(E) grazing or timber production on Fed-
eral land; 
‘‘(2) diminishes the private property value of a 
property owner; or 
‘‘(3) eliminates or prevents 1 or more jobs.’’. 
SEC. 5042. MASTER LEASING PLANS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of the Interior, acting through 
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the Bureau of Land Management, shall not establish a 
master leasing plan as part of any guidance issued by the 
Secretary. 
(b) EXISTING MASTER LEASING PLANS.—Instruc-
tion Memorandum No. 2010–117 and any other master 
leasing plan described in subsection (a) issued on or before 
the date of enactment of this Act shall have no force or 
effect. 
TITLE 
VI—IMPROVING 
AMER-
ICA’S 
DOMESTIC 
REFINING 
CAPACITY 
Subtitle A—Refinery Permitting 
Reform 
SEC. 6001. FINDING. 
Congress finds that the domestic refining industry is 
an important source of jobs and economic growth and 
whose growth should not be limited by an excessively 
drawn out permitting and approval process. 
SEC. 6002. DEFINITIONS. 
In this subtitle: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
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(2) EXPANSION.—The term ‘‘expansion’’ means 
a physical change that results in an increase in the 
capacity of a refinery. 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(4) PERMIT.—The term ‘‘permit’’ means any 
permit, license, approval, variance, or other form of 
authorization that a refiner is required to obtain— 
(A) under any Federal law; or 
(B) from a State or tribal government 
agency delegated authority by the Federal Gov-
ernment, or authorized under Federal law, to 
issue permits. 
(5) REFINER.—The term ‘‘refiner’’ means a 
person that— 
(A) owns or operates a refinery; or 
(B) seeks to become an owner or operator 
of a refinery. 
(6) REFINERY.— 
(A) IN
GENERAL.—The term ‘‘refinery’’ 
means— 
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(i) a facility at which crude oil is re-
fined into transportation fuel or other pe-
troleum products; and 
(ii) a coal liquification or coal-to-liquid 
facility at which coal is processed into syn-
thetic crude oil or any other fuel. 
(B) INCLUSION.—The term ‘‘refinery’’ in-
cludes an expansion of a refinery. 
(7) REFINERY PERMITTING AGREEMENT.—The 
term ‘‘refinery permitting agreement’’ means an 
agreement entered into between the Administrator 
and a State or Indian tribe under subsection (c). 
(8) STATE.—The term ‘‘State’’ means— 
(A) a State; and 
(B) the District of Columbia. 
SEC. 6003. STREAMLINING OF REFINERY PERMITTING 
PROCESS. 
(a) IN GENERAL.—At the request of the Governor 
of a State or the governing body of an Indian tribe, the 
Administrator shall enter into a refinery permitting agree-
ment with the State or Indian tribe under which the proc-
ess for obtaining all permits necessary for the construction 
and operation of a refinery shall be streamlined using a 
systematic, interdisciplinary multimedia approach, as pro-
vided in this section. 
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(b) AUTHORITY OF ADMINISTRATOR.—Under a refin-
ery permitting agreement, the Administrator shall have 
the authority, as applicable and necessary— 
(1) to accept from a refiner a consolidated ap-
plication for all permits that the refiner is required 
to obtain to construct and operate a refinery; 
(2) in consultation and cooperation with each 
Federal, State, or tribal government agency that is 
required to make any determination to authorize the 
issuance of a permit, to establish a schedule under 
which each agency shall— 
(A) concurrently consider, to the maximum 
extent practicable, each determination to be 
made; and 
(B) complete each step in the permitting 
process; and 
(3) to issue a consolidated permit that combines 
all permits issued under the schedule established 
under paragraph (2). 
(c) REFINERY PERMITTING AGREEMENTS.—Under a 
refinery permitting agreement, a State or governing body 
of an Indian tribe shall agree that— 
(1) the Administrator shall have each of the au-
thorities described in subsection (b); and 
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(2) the State or tribal government agency 
shall— 
(A) in accordance with State law, make 
such structural and operational changes in the 
agencies as are necessary to enable the agencies 
to carry out consolidated, project-wide permit 
reviews concurrently and in coordination with 
the Environmental Protection Agency and other 
Federal agencies; and 
(B) comply, to the maximum extent prac-
ticable, with the applicable schedule established 
under subsection (b)(2). 
(d) DEADLINES.— 
(1) NEW REFINERIES.—In the case of a con-
solidated permit for the construction of a new refin-
ery, the Administrator and the State or governing 
body of an Indian tribe shall approve or disapprove 
the consolidated permit not later than— 
(A) 365 days after the date of receipt of 
an administratively complete application for the 
consolidated permit; or 
(B) on agreement of the applicant, the Ad-
ministrator, and the State or governing body of 
the Indian tribe, 90 days after the expiration of 
the deadline described in subparagraph (A). 
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100 
(2) EXPANSION OF EXISTING REFINERIES.—In 
the case of a consolidated permit for the expansion 
of an existing refinery, the Administrator and the 
State or governing body of an Indian tribe shall ap-
prove or disapprove the consolidated permit not later 
than— 
(A) 120 days after the date of receipt of 
an administratively complete application for the 
consolidated permit; or 
(B) on agreement of the applicant, the Ad-
ministrator, and the State or governing body of 
the Indian tribe, 30 days after the expiration of 
the deadline described in subparagraph (A). 
(e) FEDERAL AGENCIES.—Each Federal agency that 
is required to make any determination to authorize the 
issuance of a permit shall comply with the applicable 
schedule established under subsection (b)(2). 
(f) JUDICIAL REVIEW.—Any civil action for review 
of a permit determination under a refinery permitting 
agreement shall be brought exclusively in the United 
States district court for the district in which the refinery 
is located or proposed to be located. 
(g) EFFICIENT PERMIT REVIEW.—In order to reduce 
the duplication of procedures, the Administrator shall use 
State permitting and monitoring procedures to satisfy 
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101 
substantially equivalent Federal requirements under this 
subtitle. 
(h) SEVERABILITY.—If 1 or more permits that are 
required for the construction or operation of a refinery are 
not approved on or before an applicable deadline under 
subsection (d), the Administrator may issue a consolidated 
permit that combines all other permits that the refiner is 
required to obtain, other than any permits that are not 
approved. 
(i) CONSULTATION WITH LOCAL GOVERNMENTS.— 
The Administrator, States, and tribal governments shall 
consult, to the maximum extent practicable, with local gov-
ernments in carrying out this section. 
(j) EFFECT OF SECTION.—Nothing in this section af-
fects— 
(1) the operation or implementation of any oth-
erwise applicable law regarding permits necessary 
for the construction and operation of a refinery; 
(2) the authority of any unit of local govern-
ment with respect to the issuance of permits; or 
(3) any requirement or ordinance of a local gov-
ernment (such as a zoning regulation). 
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102 
Subtitle B—Repeal of Renewable 
Fuel Standard 
SEC. 6011. FINDINGS. 
Congress finds that the mandates under the renew-
able fuel standard contained in section 211(o) of the Clean 
Air Act (42 U.S.C. 7545(o))— 
(1) impose significant costs on American citi-
zens and the American economy, without offering 
any benefit; and 
(2) should be repealed. 
SEC. 6012. PHASE OUT OF RENEWABLE FUEL STANDARD. 
(a) IN GENERAL.—Section 211(o) of the Clean Air 
Act (42 U.S.C. 7545(o)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by striking clause (ii); and 
(ii) by redesignating clauses (iii) and 
(iv) as clauses (ii) and (iii), respectively; 
and 
(B) in subparagraph (B), by striking 
clauses (ii) through (v) and inserting the fol-
lowing: 
‘‘(ii) CALENDAR YEARS 2014 THROUGH 
2019.—Notwithstanding clause (i), for pur-
poses of subparagraph (A), the applicable 
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