I 113th CONGRESS 2d Session H. R. 4304 IN THE HOUSE OF REPRESENTATIVES March 26, 2014 Mr. Scalise (for himself, Mrs. Black , Mr. McHenry , Mr. Mulvaney , Mr. Brady of Texas , Mr. Flores , Mr. Luetkemeyer , Mr. Roe of Tennessee , Mr. Pitts , Mr. Byrne , Mr. Lankford , Mrs. Lummis , Mr. Austin Scott of Georgia , Mr. Huizenga of Michigan , Mr. Lamborn , Mrs. Blackburn , Mr. Franks of Arizona , Mr. Sessions , Mr. Hudson , Mr. Barton , Mr. Duncan of South Carolina , Mr. Wilson of South Carolina , Mr. Chabot , Mr. Rice of South Carolina , Mr. Bentivolio , Mr. Salmon , Mr. Rooney , Mr. Yoho , Mr. Weber of Texas , Mr. Harris , and Mr. DesJarlais ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on the Budget , Small Business , Education and the Workforce , Oversight and Government Reform , the Judiciary , Energy and Commerce , Transportation and Infrastructure , Science, Space, and Technology , Rules , Financial Services , Agriculture , and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To make certain repeals and revisions to Federal labor laws, to decrease the regulatory burdens on small businesses, to provide for comprehensive energy reform, and to amend the securities laws to streamline access to capital.

1. Short title This Act may be cited as the Jumpstarting Opportunities with Bold Solutions Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Division I—Labor Title I—Repeal of Davis-Bacon Act Sec. 101. Repeal of Davis-Bacon wage requirements. Sec. 102. Effective date and limitation. Title II—Union contract not a bar to higher wages Sec. 201. Payment of higher wages. Title III—Repeal of provisions relating to official time of Federal employees for purposes of union organizing Sec. 301. Repeal of certain provisions relating to official time of Federal employees for purposes of union organizing. Title IV—Rulemaking, investigative, and adjudicative authority of the National Labor Relations Board Sec. 401. Authorities of the National Labor Relations Board. Sec. 402. Regulations. Division II—Deregulation Title V—Uniform cost-benefit analysis of regulations Sec. 501. Uniform use of cost-benefit analysis. Sec. 502. Congressional review. Title VI—Periodic review and termination of regulations Sec. 601. Review of regulations. Sec. 602. Rules covered. Sec. 603. Criteria for sunset review. Sec. 604. Sunset review procedures. Sec. 605. Review deadlines for covered rules. Sec. 606. Sunset review notices and agency reports. Sec. 607. Designation of agency regulatory review officers. Sec. 608. Relationship to the Administrative Procedure Act. Sec. 609. Effect of termination of a covered rule. Sec. 610. Judicial review. Sec. 611. Definitions. Sec. 612. Sunset of this title. Title VII—Regulation costs to small businesses and Grace period for regulatory violations Sec. 701. Small Business Administration study on the cost of Federal regulations. Sec. 702. Grace period for regulatory violations. Title VIII—Major Rules of the Executive Branch Be Approved By Congress Sec. 801. Congressional review of agency rulemaking. Sec. 802. Budgetary effects of rules subject to section 802 of title 5, United States Code. Sec. 803. Government Accountability Office study of rules. Title IX—Simplification of Mergers, Acquisitions and Sales of Small Business Sec. 901. Registration exemption for merger and acquisition brokers. Division III—Energy Title X—Offshore Energy and Jobs Act Sec. 1001. Short title. Subtitle A—Outer Continental Shelf Leasing Program Reforms Sec. 1011. Outer Continental Shelf leasing program reforms. Sec. 1012. Domestic oil and natural gas production goal. Sec. 1013. Development and submittal of new 5-year oil and gas leasing program. Sec. 1014. Rule of construction. Subtitle B—Directing the President To Conduct New OCS Sales in Virginia, South Carolina, and California Sec. 1021. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia. Sec. 1022. South Carolina lease sale. Sec. 1023. Southern California existing infrastructure lease sale. Sec. 1024. Environmental impact statement requirement. Sec. 1025. National defense. Sec. 1026. Opening the Eastern Gulf of Mexico for exploration. Subtitle C—Equitable Sharing of Outer Continental Shelf Revenues Sec. 1031. Disposition of Outer Continental Shelf revenues to coastal States. Subtitle D—Reorganization of Minerals Management Agencies of the Department of the Interior Sec. 1041. Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety. Sec. 1042. Bureau of Ocean Energy. Sec. 1043. Ocean Energy Safety Service. Sec. 1044. Office of Natural Resources Revenue. Sec. 1045. Ethics and drug testing. Sec. 1046. Abolishment of Minerals Management Service. Sec. 1047. Conforming amendments to Executive Schedule pay rates. Sec. 1048. Outer Continental Shelf Energy Safety Advisory Board. Sec. 1049. Outer Continental Shelf inspection fees. Sec. 1050. Prohibition on action based on National Ocean Policy developed under Executive Order No. 13547. Subtitle E—United States Territories Sec. 1061. Application of Outer Continental Shelf Lands Act with respect to territories of the United States. Subtitle F—Judicial Review Sec. 1071. Time for filing complaint. Sec. 1072. District court deadline. Sec. 1073. Ability to seek appellate review. Sec. 1074. Limitation on scope of review and relief. Sec. 1075. Legal fees. Sec. 1076. Exclusion. Sec. 1077. Definitions. Subtitle G—Miscellaneous Provisions Sec. 1081. Rules regarding distribution of revenues under Gulf of Mexico Energy Security Act of 2006. Sec. 1082. Seismic testing in the Atlantic Outer Continental Shelf. Sec. 1083. Disposition of qualified outer Continental Shelf Revenues. Title XI—Alaskan Energy for American Jobs Act Sec. 2001. Short title. Sec. 2002. Definitions. Sec. 2003. Leasing program for lands within the Coastal Plain. Sec. 2004. Lease sales. Sec. 2005. Grant of leases by the Secretary. Sec. 2006. Lease terms and conditions. Sec. 2007. Policies regarding buying, building, and working for America. Sec. 2008. Coastal Plain environmental protection. Sec. 2009. Expedited judicial review. Sec. 2010. Treatment of revenues. Sec. 2011. Rights-of-way across the Coastal Plain. Sec. 2012. Conveyance. Title XII—State control on all available Federal land Sec. 3001. State control on all available Federal land. Title XIII—Federal Lands Jobs and Energy Security Subtitle A—Federal Lands Jobs and Energy Security Sec. 4001. Short title. Sec. 4002. Policies regarding buying, building, and working for America. Chapter 1—Onshore oil and gas permit streamlining Sec. 4101. Short title. Subchapter A—Application for Permits To Drill Process Reform Sec. 4111. Permit to drill application timeline. Sec. 4112. Solar and wind right-of-way rental reform. Subchapter B—Administrative Protest Documentation Reform Sec. 4121. Administrative protest documentation reform. Subchapter C—Permit Streamlining Sec. 4131. Improve Federal energy permit coordination. Sec. 4132. Administration of current law. Subchapter D—Judicial Review Sec. 4141. Definitions. Sec. 4142. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 4143. Timely filing. Sec. 4144. Expedition in hearing and determining the action. Sec. 4145. Standard of review. Sec. 4146. Limitation on injunction and prospective relief. Sec. 4147. Limitation on attorneys’ fees. Sec. 4148. Legal standing. Subchapter E—Knowing America’s Oil and Gas Resources Sec. 4151. Funding oil and gas resource assessments. Chapter 2—Oil and gas leasing certainty Sec. 4161. Short title. Sec. 4162. Minimum acreage requirement for onshore lease sales. Sec. 4163. Leasing certainty. Sec. 4164. Leasing consistency. Sec. 4165. Reduce redundant policies. Sec. 4166. Streamlined congressional notification. Chapter 3—Oil shale Sec. 4171. Short title. Sec. 4172. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision. Sec. 4173. Oil shale leasing. Chapter 4—Miscellaneous provisions Sec. 4181. Rule of construction. Subtitle B—Planning for American Energy Sec. 4201. Short title. Sec. 4202. Onshore domestic energy production strategic plan. Subtitle C—National Petroleum Reserve in Alaska access Sec. 4301. Short title. Sec. 4302. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska. Sec. 4303. National Petroleum Reserve in Alaska: lease sales. Sec. 4304. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction. Sec. 4305. Issuance of a new integrated activity plan and environmental impact statement. Sec. 4306. Departmental accountability for development. Sec. 4307. Deadlines under new proposed integrated activity plan. Sec. 4308. Updated resource assessment. Subtitle D—BLM Live Internet Auctions Sec. 4401. Short title. Sec. 4402. Internet-based onshore oil and gas lease sales. Subtitle E—Native American Energy Sec. 4501. Short title. Sec. 4502. Appraisals. Sec. 4503. Standardization. Sec. 4504. Environmental reviews of major Federal actions on Indian lands. Sec. 4505. Judicial review. Sec. 4506. Tribal biomass demonstration project. Sec. 4507. Tribal resource management plans. Sec. 4508. Leases of restricted lands for the Navajo Nation. Sec. 4509. Nonapplicability of certain rules. Sec. 4510. Permits for incidental take. Sec. 4511. Migratory Bird Treaty Act. Title XIV—Hydraulic Fracturing Subtitle A—State Authority for Hydraulic Fracturing Regulation Sec. 5101. Short title. Sec. 5102. State authority for hydraulic fracturing regulation. Sec. 5103. Government Accountability Office study. Sec. 5104. Tribal authority on trust land. Subtitle B—EPA Hydraulic Fracturing Research Sec. 5201. Short title. Sec. 5202. EPA hydraulic fracturing research. Subtitle C—Miscellaneous provisions Sec. 5301. Review of State activities. Title XV—Northern Route Approval Sec. 6001. Short title. Sec. 6002. Findings. Sec. 6003. Keystone XL permit approval. Sec. 6004. Judicial review. Sec. 6005. American burying beetle. Sec. 6006. Right-of-way and temporary use permit. Sec. 6007. Permits for activities in navigable waters. Sec. 6008. Migratory Bird Treaty Act permit. Sec. 6009. Oil spill response plan disclosure. Title XVI—Relief from EPA climate change regulations and Federal prohibitions on synthetic fuels Sec. 7001. Repeal of EPA climate change regulation. Sec. 7002. Repeal of Federal ban on synthetic fuels purchasing requirement. Sec. 7003. Sense of Congress opposing carbon tax. Sec. 7004. Prohibition on use of social cost of carbon in analysis. Title XVII—Addressing the President’s War on Coal Subtitle A—Management and disposal of coal combustion residuals Sec. 8001. Short title. Sec. 8002. Management and disposal of coal combustion residuals. Sec. 8003. 2000 regulatory determination. Sec. 8004. Technical assistance. Sec. 8005. Federal Power Act. Subtitle B—Surface Mining Stream Buffer Zone Rule Sec. 8011. Short title. Sec. 8012. Incorporation of surface mining stream buffer zone rule into State programs. Title XVIII—Satisfying Energy Needs and Saving the Environment Sec. 9001. Short title. Sec. 9002. Inapplicability of certain emission limits for electric utility steam generating units that convert coal refuse into energy. Title XIX—Nuclear Regulatory Commission Reorganization Plan Codification and Complements Sec. 10001. Short title. Subtitle A—Replacement of Reorganization Plan Sec. 10011. General functions. Sec. 10012. Chairman. Sec. 10013. Emergency authority. Sec. 10014. Reporting. Sec. 10015. Rescission of Reorganization Plan approval. Subtitle B—Miscellaneous Sec. 10021. Certification of documents transmitted to Congress. Sec. 10022. Time limits for Commission review of Atomic Safety and Licensing Board decisions. Sec. 10023. Allegations of wrongdoing. Sec. 10024. Approval of Commissioner travel. Sec. 10025. Implementation. Title XX—Permitting for onshore and offshore wind energy Subtitle A—Offshore meteorological site testing and monitoring Sec. 11001. Short title. Sec. 11002. Offshore meteorological site testing and monitoring projects. Subtitle B—Onshore meteorological site testing and monitoring Sec. 11011. Short title. Sec. 11012. Onshore meteorological site testing and monitoring project. Title XXI—Domestic Prosperity and Global Freedom Sec. 12001. Short title. Sec. 12002. Amendments. Sec. 12003. Pending applications. Division IV—Access to Capital Title XXII—Small Business Access to Capital Sec. 13001. Registration and reporting exemptions relating to private equity funds advisors. Title XXIII—Community Lending Enhancement and Regulatory Relief Sec. 14001. Changes required to small bank holding company policy statement on assessment of financial and managerial factors. Sec. 14002. Escrow requirements. Sec. 14003. Exception to annual privacy notice requirement under the Gramm-Leach-Bliley Act. Sec. 14004. Accounting principles cost-benefit requirements. Sec. 14005. Community bank exemption from annual management assessment of internal controls requirement of the Sarbanes-Oxley Act of 2002. Sec. 14006. Certain loans included as qualified mortgages. Sec. 14007. Increase in small servicer exemption. Sec. 14008. Appraiser qualification threshold. Sec. 14009. Coordination among financial institutions. I Labor I Repeal of Davis-Bacon Act 101. Repeal of Davis-Bacon wage requirements (a) In general Subchapter IV of chapter 31 of title 40, United States Code, is repealed. (b) Reference Any reference in any law to a wage requirement of subchapter IV of chapter 31 of title 40, United States Code, shall after the date of the enactment of this title be null and void. 102. Effective date and limitation The amendment made by section 101 shall take effect 30 days after the date of the enactment of this title but shall not affect any contract in existence on such date of enactment or made pursuant to invitation for bids outstanding on such date of enactment. II Union contract not a bar to higher wages 201. Payment of higher wages Section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) is amended— (1) by striking Representatives and inserting (1) Representatives ; and (2) by adding at the end the following: (2) Notwithstanding a labor organization’s exclusive representation of employees in a unit, or the terms and conditions of any collective bargaining contract or agreement then in effect, nothing in either— (A) section 8(a)(1) or 8(a)(5), or (B) a collective bargaining contract or agreement renewed or entered into after the date of enactment of the Jumpstarting Opportunities with Bold Solutions Act , shall prohibit an employer from paying an employee in the unit greater wages, pay, or other compensation for, or by reason of, his or her services as an employee of such employer, than provided for in such contract or agreement. . III Repeal of provisions relating to official time of Federal employees for purposes of union organizing 301. Repeal of certain provisions relating to official time of Federal employees for purposes of union organizing Section 7131 of title 5, United States Code, is amended— (1) by striking subsections (a) and (c); (2) by redesignating subsections (b) and (d) as subsections (a) and (b), respectively; and (3) in subsection (b) (as so redesignated by paragraph (2)), by striking Except as provided in the preceding subsections of this section— and inserting Except as provided in subsection (a)— . IV Rulemaking, investigative, and adjudicative authority of the National Labor Relations Board 401. Authorities of the National Labor Relations Board (a) Duties of the General Counsel and Administrative Law Judges The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) is amended— (1) in section 3(d), by striking and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board ; and (2) in section 4(a), by striking the fourth sentence. (b) Clarification of the Board’s rulemaking authority Section 6 of such Act ( 29 U.S.C. 156 ) is amended by adding at the end the following: Such rulemaking authority shall be limited to rules concerning the internal functions of the Board and the Board is prohibited from promulgating rules that affect the substantive rights of any person, employer, employee, or labor organization. . (c) Investigatory power and Adjudicatory Authority Over Unfair Labor Practice Allegations Section 10 of such Act ( 29 U.S.C. 60 ) is amended— (1) in subsection (a)— (A) by striking prevent any person from engaging in and inserting investigate ; and (B) by striking This power shall and all that follows through the end of the subsection; (2) in subsection (b)— (A) by striking Whenever it is charged and inserting Whenever it appears ; (B) by striking or is engaging in and inserting , is engaging in, or is about to engage in ; (C) by striking the Board, or any agent and all that follows through Provided, That no complaint shall be issued and inserting the aggrieved party may bring a civil action for such relief (including injunctions) as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred, or at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought ; (D) by striking charge with the Board and the service of a copy thereof upon the person against whom such charge is made and inserting civil action ; and (E) by striking Any such complaint may be amended and all that follows through Any such proceeding shall, so far as practicable, and inserting Any such proceeding shall ; (3) by striking subsections (c) through (k) and redesignating subsection (l) as subsection (c); and (4) in subsection (c) (as so redesignated)— (A) by striking Whenever it is charged and inserting Whenever it is alleged ; (B) in the first sentence, by striking charge both places it appears and inserting allegation ; and (C) by striking and that a complaint should issue, he shall and all that follows through the end of the subsection and inserting , the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice. . 402. Regulations Not later than 6 months after the date of the enactment of this title, the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made by this title. II Deregulation V Uniform cost-benefit analysis of regulations 501. Uniform use of cost-benefit analysis Section 553 of title 5, United States Code, is amended by adding at the end the following: (f) (1) Prior to any rulemaking under this section, an agency shall comply with the following: (A) The agency shall identify, in the context of a coherent conceptual framework and supported with objective data— (i) the nature and significance of the market failure, regulatory failure, or other problem that necessitates regulatory action; (ii) the reasons why national economic and income growth, advancing technology, and other market developments will not obviate the need for the rulemaking; (iii) the reasons why regulation at the State, local, or tribal level could not address the problem better than at the Federal level; (iv) the reasons why reducing rather than increasing the extent or stringency of existing Federal regulation would not address the problem better; and (v) the particular authority by which the agency may take action. (B) Before the agency increases the extent or stringency of regulation based on its determinations pursuant to subparagraph (A), it shall— (i) set an achievable objective for its regulatory action and identify the metrics by which the agency will measure progress toward the objective; (ii) issue a notice of inquiry seeking public comment on the identification of a new objective under clause (i); and (iii) give notice to the committees of Congress with jurisdiction over the subject matter of the rule. (C) The agency, if the agency is not seeking to repeal a rule, shall develop at least 3 distinct regulatory options, in addition to not regulating, that the agency estimates will provide the greatest benefits for the least cost in meeting the regulatory objective set under subparagraph (B) and, in developing such regulatory options, shall apply the following principles: (i) The agency shall assume that individuals are rational and not qualify that assumption unless the agency— (I) has conclusive evidence of a detrimental systematic behavioral bias; and (II) can devise behavioral regulatory options that do not preclude any choices of market participants. (ii) The agency shall, to the extent practicable, attempt to engage private incentives to solve a problem and not supplant private incentives any more than necessary. (iii) The agency shall consider the adverse effects that mandates and prohibitions may have on innovation, economic growth, and employment. (iv) An agency’s risk assessment shall be confined to its jurisdiction, subject to specific regulatory authority. Agency assessments of the risks of adverse health and environmental effects shall follow standardized parameters, assumptions, and methodologies. An agency also shall provide analyses of increases in risks, whatever their nature, produced by the regulatory options under consideration. (v) The agency shall avoid incongruities and duplication in regulation at the Federal, State, local, and tribal levels. (vi) The agency shall compare and contrast the regulatory options developed and explain how each would meet the regulatory objective set pursuant to subparagraph (B). (D) The agency shall estimate the costs and benefits of each regulatory option developed, notwithstanding any provision of law that prohibits the agency from using costs in rulemaking, at least to the extent that the agency is able to— (i) exclude options whose costs exceed their benefits; (ii) rank the options by cost from lowest to highest; (iii) estimate the monetary cost of any adverse effects on private property rights, identify the categories of persons who experience a net loss from a regulatory option, and explain why the negative effects cannot be lessened or avoided; (iv) establish whether the cost of an option exceeds $50,000,000 for any 12-month period, except that the dollar amount shall be adjusted annually for inflation based on the GDP deflator, and the President may order that a lower dollar amount be used for a particular period; and (v) identify the key uncertainties and assumptions that drive the results and provide an analysis of how the ranking of the options and the threshold determination under clause (iv) may change if key assumptions are changed. (E) The estimates pursuant to subparagraph (D) shall— (i) follow the methodology established pursuant to paragraph (2)(A); (ii) to the maximum extent practicable, comply with any guidelines issued by the Administrator of the Office of Information and Regulatory Affairs pertaining to cost-benefit analysis; and (iii) include, at a minimum— (I) agency administrative costs; (II) United States private sector compliance costs; (III) Federal, State, local, and tribal compliance costs; (IV) Federal, State, local, and tribal revenue impacts; (V) impacts from the regulatory options developed on United States industries in the role of suppliers and consumers to each industry substantially affected, especially in terms of employment, costs, volume and quality of output, and prices; (VI) nationwide impacts on overall economic output, productivity, consumer and producer prices; (VII) international competitiveness of United States companies; and (VIII) distortions in incentives and markets, including an estimate of the resulting loss to the United States economy. (F) The agency shall publish for public comment all analyses, documentation, and data under subparagraphs (A) through (D) for a public comment period of at least 30 days (subject to applicable limitations under law, including laws protecting privacy, trade secrets, and intellectual property) and correct deficiencies or omissions that the agency becomes aware of before choosing a rule to propose. (2) (A) Beginning not later than the date that is 180 days after the effective date of this section— (i) each agency shall, by rule, establish and maintain the specific cost-benefit analysis methodology appropriate to the functions and responsibilities of that agency and establish an appropriate period for review of new rules to assess the cost effectiveness of each such new rule at achieving the objective identified under paragraph (1)(B)(i) the new rule was intended to address; (ii) the methodology so established shall— (I) include the standardized parameters, assumptions, and methodologies for agency assessments of risk under paragraph (1)(C)(iv); (II) comply, to the maximum extent practicable, with technical standards for methodologies and assumptions issued by the Administrator for the Office of Information and Regulatory Affairs; (III) include the scope of benefits and costs consistent with the framework used and the metrics identified in the establishment of the regulatory objective under paragraph (1); (IV) not include consideration of incidental benefits but only those benefits that were considered in the establishment of the regulatory objective; (V) limit consideration of costs and benefits to costs and benefits that accrue to the population of the United States; (VI) constrain the agency from presuming that continued augmentation or tightening of mandates and additional prohibitions cause benefits and costs to change linearly but determine at what point benefits will rise less than, and costs will rise more than, proportionally; (VII) include comparison of incremental benefits to incremental costs from any action the agency considers taking and refrain from actions whose incremental benefits do not exceed their incremental costs; and (VIII) include analysis of effects on private incentives and possible unintended consequences; and (iii) the agency shall adhere to the methodology so established in all rulemakings. (B) If the agency does not select the least-cost regulatory option as its proposed rule, the agency shall justify its selection, explaining— (i) how that selection furthers other goals or requirements relevant to regulating matters within the agency’s jurisdiction and why these should override cost savings; and (ii) why each of the other regulatory options not chosen would not sufficiently further such other goals or requirements. (C) If the agency makes a determination under paragraph (1)(D) that the monetized cost of a rule exceeds the applicable monetary limit under clause (iv) of such paragraph for any 12-month period, the agency head shall— (i) first issue an advanced notice of proposed rulemaking; (ii) provide notice to the appropriate Congressional committees and keep such committees informed of the status of the rulemaking; and (iii) ensure that— (I) the agency shall notify the Administrator of the Small Business Administration, the Director of the Office of Management and Budget, and affected parties, and provide each such person with information on the potential effects of the proposed rule on affected parties and the type of affected parties that might be affected; (II) not later than 15 days after the date of receipt of the materials described in subclause (I), the Director, in consultation with the Administrator, shall identify representatives of affected parties, 25 percent of which shall represent small business concerns (as such term is defined in section 3(a) of the Small Business Act), when possible, and all the major stakeholders shall have the opportunity to obtain advice and recommendations about the potential effects of the proposed rule; (III) the agency shall convene a review panel consisting wholly of full-time Federal officers, employees, and contractors in the agency responsible for the proposed rule, the Director, the Administrator, and the representatives of affected parties identified pursuant to subclause (II); (IV) the agency shall conduct a detailed analysis of the costs and benefits of the regulatory option it is advancing, and, in doing so— (aa) the agency shall consider the cumulative and interactive costs of regulatory requirements of Federal, State, local, tribal, and (where applicable) international regulations; and (bb) the agency shall identify the key uncertainties and assumptions that drive the results and provide an analysis of how the ranking of the regulatory options changes if the key assumptions are changed; (V) the panel shall review agency material prepared in connection with this subsection, including any draft proposed rule, and review the advice and recommendations of each affected party representative identified; (VI) not later than 60 days after the date the agency convenes a review panel pursuant to subclause (III), the review panel shall report on the comments of the affected party representatives and its findings as to issues related to the provisions of this subsection, and such report shall be made public as part of the rulemaking record; (VII) where appropriate, the agency shall modify the proposed rule or the cost-benefit analysis under subclause (IV) based on the report under subclause (VI); (VIII) subject to applicable limitations under law, including laws protecting privacy, trade secrets, and intellectual property, the agency shall publish for comment all analyses, documentation, and data under this paragraph for a public comment period of at least 30 days and correct deficiencies or omissions that the agency becomes aware of before adopting a proposed rule; and (IX) affected parties, including State, local, or tribal governments, and other stakeholders may participate in the rulemaking by means such as— (aa) the publication of advanced and general notices of proposed rulemaking in publications likely to be obtained by affected parties; (bb) the direct notification of interested affected parties; (cc) the conduct of open conferences or public hearings including soliciting and receiving comments over computer networks; and (dd) reducing the cost or complexity of procedural rules to ease participation in the rulemaking. (D) Every 4 years the agency shall conduct a review of all rules of the agency in effect and determine based on objective data whether its rules are working as intended, furthering their objectives, imposing unanticipated costs, and generating a net benefit or not, and shall amend such rules if appropriate. The agency shall report to Congress the findings of each such review. (E) Any person may petition an agency to amend an existing rule made prior to the establishment of methodology under this paragraph, and, if the agency denies such a petition, that denial shall be subject to review under chapter 7 of this title. (F) Notwithstanding any other provision of law, including any provision of law that explicitly prohibits the use of cost-benefit analysis in rulemaking, an agency shall conduct cost-benefit analyses and report to Congress the findings with specific recommendations for how to lower regulatory costs by amending the statutes prohibiting the use thereof. (3) For purposes of this subsection— (A) the term regulatory options means any action an agency may take to address an objective identified under paragraph (1)(B)(i), including the option not to act; (B) the term private incentives means financial gains or losses that motivate actions by private individuals and businesses, and does not include any law or regulation that prescribes private actions or outcomes; and (C) the term incidental benefit means a claimed benefit outside the specific regulatory objective or objectives identified under paragraph (1)(B)(i) a rule is intended to address as identified in paragraph (1)(A). (4) All determinations made under this subsection shall be subject to review under chapter 7. . 502. Congressional review Section 801(a)(2) of title 5, United States Code, is amended by adding at the end the following: (C) The Comptroller General shall examine the cost-benefit analysis for compliance with the requirements of section 553(f), including the agency methodology established under section 553(f)(2)(A). (D) The Comptroller General shall examine any risk analysis under section 553(f)(1)(C)(iv) pertaining to the cost-benefit analysis for compliance with the requirements of section 553(f). (E) The Comptroller General also shall examine the agencies’ quadrennial regulatory reviews for consistency with the requirements of section 553(f) and report to Congress on the results. . VI Periodic review and termination of regulations 601. Review of regulations A covered rule shall be subject to review in accordance with this title. Upon completion of such review, the agency which has jurisdiction over such rule shall— (1) issue a final report under section 406(c)(2) continuing such rule, or (2) conduct a rulemaking in accordance with section 406(d) to modify, consolidate with another rule, or terminate such rule. 602. Rules covered (a) Covered rules For purposes of this title, a covered rule is a rule that— (1) is determined by the Administrator to be a significant rule under subsection (b); or (2) is any other rule designated by the agency which has jurisdiction over such rule or the Administrator under this title for sunset review. (b) Significant rules For purposes of this title, a significant rule is a rule that the Administrator determines— (1) has resulted in or is likely to result in an annual effect on the economy of $100,000,000 or more; (2) is a major rule; or (3) was issued pursuant to a significant regulatory action, as that term is defined in Executive Order 12866 (as in effect on the first date that Executive order was in effect). (c) Public petitions (1) In general Any person adversely affected by a rule that is not a significant rule may submit a petition to the agency which has jurisdiction over the rule requesting that such agency designate the rule for sunset review. Such agency shall designate the rule for sunset review unless such agency determines that it would not be in the public interest to conduct a sunset review of the rule. In making such determination, such agency shall take into account the number and nature of other petitions received on the same rule and whether or not such petitions have been denied. (2) Form and content of petition A petition under paragraph (1)— (A) shall be in writing, but is not otherwise required to be in any particular form; and (B) shall identify the rule for which sunset review is requested with reasonable specificity and state on its face that the petitioner seeks sunset review of the rule. (3) Response required for noncomplying petitions If an agency determines that a petition does not meet the requirements of this subsection, the agency shall provide a response to the petitioner within 30 days after receiving the petition, notifying the petitioner of the problem and providing information on how to formulate a petition that meets those requirements. (4) Decision within 90 days Within the 90-day period beginning on the date of receiving a petition that meets the requirements of this subsection, the agency shall transmit a response to the petitioner stating whether the petition was granted or denied, except that the agency may extend such period by a total of not more than 30 days. (5) Petitions deemed granted for substantial inexcusable delay A petition for sunset review of a rule is deemed to have been granted by an agency, and such agency is deemed to have designated the rule for sunset review, if a court finds there is a substantial and inexcusable delay, beyond the period specified in paragraph (4), in notifying the petitioner of the agency’s determination to grant or deny the petition. (6) Public log Each agency shall maintain a public log of petitions submitted under this subsection, that includes the status or disposition of each petition. (d) Congressional requests (1) In general An appropriate committee of the Congress, or a majority of the majority party members or a majority of nonmajority party members of such committee, may request in writing that the Administrator designate any rule that is not a significant rule for sunset review. The Administrator shall designate such rule for sunset review within 30 days after receipt of such request unless the Administrator determines that it would not be in the public interest to conduct a sunset review of such rule. (2) Notice of denial If the Administrator denies a congressional request under this subsection, the Administrator shall transmit to the congressional committee making the request a notice stating the reasons for the denial. (e) Publication of notice of designation for sunset review After designating a rule under subsection (c) or (d) for sunset review, the agency or the Administrator shall promptly publish a notice of that designation in the Federal Register. 603. Criteria for sunset review (a) Compliance with other laws In order for any rule subject to sunset review to continue without change or to be modified or consolidated in accordance with this title, such rule must be authorized by law and meet all applicable requirements that would apply if it were issued as a new rule pursuant to section 553 of title 5, United States Code, or other statutory rulemaking procedures required for that rule. For purposes of this section, the term applicable requirements includes any requirement for cost-benefit analysis and any requirement for standardized risk analysis and risk assessment. (b) Governing law If there is a conflict between applicable requirements and an Act under which a rule was issued, the conflict shall be resolved in the same manner as such conflict would be resolved if the agency were issuing a new rule. 604. Sunset review procedures (a) Functions of the administrator (1) Notice of rules subject to review (A) Inventory and first list Within 6 months after the date of the enactment of this title, the Administrator shall conduct an inventory of existing rules and publish a first list of covered rules. The list shall— (i) specify the particular group to which each significant rule is assigned under paragraph (2), and state the review deadline for all significant rules in each such group; and (ii) include other rules subject to sunset review for any other reason, and state the review deadline for each such rule. (B) Subsequent lists After publication of the first list under subparagraph (A), the Administrator shall publish an updated list of covered rules at least annually, specifying the review deadline for each rule on the list. (2) Grouping of significant rules in first list (A) Staggered review The Administrator shall assign each significant rule in effect on the date of enactment of this title to one of 4 groups established by the Administrator to permit orderly and prioritized sunset reviews, and specify for each group an initial review deadline in accordance with section 405(a)(1). (B) Prioritizations In determining which rules shall be given priority in time in that assignment, the Administrator shall consult with appropriate agencies, and shall prioritize rule based on— (i) the grouping of related rules in accordance with paragraph (3); (ii) the extent of the cost of each rule and on the regulated community and the public, with priority in time given to those rules that impose the greatest cost; (iii) consideration of the views of regulated persons, including State and local governments; (iv) whether a particular rule has recently been subject to cost-benefit analysis and risk assessment, with priority in time given to those rules that have not been subject to such analysis and assessment; (v) whether a particular rule was issued under a statutory provision that provides relatively greater discretion to an official in issuing the rule, with priority in time given to those rules that were issued under provisions that provide relatively greater discretion; (vi) the burden of reviewing each rule on the reviewing agency; and (vii) the need for orderly processing and the timely completion of the sunset reviews of existing rules. (3) Grouping of related rules The Administrator shall group related rules under paragraph (2) (and designate other rules) for simultaneous sunset review based upon their subject matter similarity, functional interrelationships, and other relevant factors to ensure comprehensive and coordinated review of redundant, overlapping, and conflicting rules and requirements. The Administrator shall ensure simultaneous sunset reviews of covered rules without regard to whether they were issued by the same agency, and shall designate any other rule for sunset review that is necessary for a comprehensive sunset review whether or not such other rule is otherwise a covered rule under this title. (4) Guidance The Administrator shall provide timely guidance to agencies on the conduct of sunset reviews and the preparation of sunset review notices and reports required by this title to ensure uniform, complete, and timely sunset reviews and to ensure notice and opportunity for public comment consistent with section 406. (5) Review and evaluation of reports The Administrator shall review and evaluate each preliminary and final report submitted by the agency pursuant to this section. Within 90 days after receiving a preliminary report, the Administrator shall transmit comments to the head of the agency regarding— (A) the quality of the analysis in the report, including whether the agency has properly applied section 403; (B) the consistency of the agency’s proposed action with actions of other agencies; and (C) whether the rule should be continued without change, modified, consolidated with another rule, or terminated. (b) Agency sunset review procedure (1) Sunset review notice At least 30 months before the review deadline under section 405(a) for a covered rule issued by an agency, the agency shall— (A) publish a sunset review notice in accordance with section 406(a) in the Federal Register and, to the extent reasonable and practicable, in other publications or media that are designed to reach those persons most affected by the covered rule; and (B) request the views of the Administrator and the appropriate committees of the Congress on whether to continue without change, modify, consolidate, or terminate the covered rule. (2) Preliminary report In reviewing a covered rule, the agency shall— (A) consider public comments and other recommendations generated by a sunset review notice under paragraph (1); and (B) at least 1 year before the review deadline under section 405(a) for the covered rule, publish in the Federal Register, in accordance with section 406(b), and transmit to the Administrator and the appropriate committees of the Congress a preliminary report. (3) Final report The agency shall consider the public comments and other recommendations generated by the preliminary report under paragraph (2) for a covered rule, and shall consult with the appropriate committees of the Congress before issuing a final report. At least 90 days before the review deadline of the covered rule, the agency shall publish in the Federal Register, in accordance with section 406(c)(2) or 406(d), and transmit a final report to the Administrator and the appropriate committees of the Congress. (4) Open procedures regarding sunset review In any sunset review conducted pursuant to this title, the agency conducting the review shall make a written record describing the subject of all contacts the agency or Administrator made with non-governmental persons outside the agency relating to such review. The written record of such contact shall be made available, upon request, to the public. (c) Effectiveness of agency recommendation If a final report under subsection (b)(3) recommends that a covered rule should be continued without change, the covered rule shall be continued. If a final report under subsection (b)(3) recommends that a covered rule should be modified, consolidated with another rule, or terminated, the rule may be modified, so consolidated, or terminated in accordance with section 406(d). (d) Preservation of independence of federal bank regulatory agencies The head of any appropriate Federal banking agency (as that term is defined in section 3(q) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(q) )), the Federal Housing Finance Board, the National Credit Union Administration, and the Office of Federal Housing Enterprise Oversight shall have the authority with respect to that agency that would otherwise be granted under section 405(a)(2)(B) to the Administrator or other officer designated by the President. 605. Review deadlines for covered rules (a) In general For purposes of this title, the review deadline of a covered rule is as follows: (1) Existing significant rules For a significant rule in effect on the date of the enactment of this title, the initial review deadline is the last day of the 4-year, 5-year, 6-year, or 7-year period beginning on the date of the enactment of this title, as specified by the Administrator under section 404(a)(2)(A). For any significant rule that 6 months after the date of enactment is not assigned to such a group specified under section 404(a)(2)(A), the initial review deadline is the last day of the 4-year period beginning on the date of enactment of this title. (2) New significant rules For a significant rule that first takes effect after the date of the enactment of this title, the initial review deadline is the last day of either— (A) the 3-year period beginning on the date the rule takes effect, or (B) if the Administrator determines as part of the rulemaking process that the rule is issued pursuant to negotiated rulemaking procedures or that compliance with the rule requires substantial capital investment, the 7-year period beginning on the date the rule takes effect. (3) Rules covered pursuant to public petition or congressional request For any rule subject to sunset review pursuant to a public petition under section 402(c) or a congressional request under section 402(d), the initial review deadline is the last day of the 3-year period beginning on— (A) the date the agency or Administrator so designates the rule for review; or (B) the date of issuance of a final court order that the agency is deemed to have designated the rule for sunset review. (4) Related rule designated for review For a rule that the Administrator designates under section 404(a)(3) for sunset review because it is related to another covered rule and that is grouped with that other rule for simultaneous review, the initial review deadline is the same as the review deadline for that other rule. (b) Temporary extension The review deadline under subsection (a) for a covered rule may be extended by the Administrator for not more than 6 months by publishing notice thereof in the Federal Register that describes reasons why the temporary extension is necessary to respond to or prevent an emergency situation. (c) Determinations where rules have been amended For purposes of this title, if various provisions of a covered rule were issued at different times, then the rule as a whole shall be treated as if it were issued on the later of— (1) the date of issuance of the provision of the rule that was issued first; or (2) the date the most recent review and revision of the rule under this title was completed. 606. Sunset review notices and agency reports (a) Sunset review notices The sunset review notice under section 404(b)(1) for a rule shall— (1) request comments regarding whether the rule should be continued without change, modified, consolidated with another rule, or terminated; (2) if applicable, request comments regarding whether the rule meets the applicable Federal cost-benefit and risk assessment criteria; and (3) solicit comments about the past implementation and effects of the rule, including— (A) the direct and indirect costs incurred because of the rule, including the net reduction in the value of private property (whether real, personal, tangible, or intangible), and whether the incremental benefits of the rule exceeded the incremental costs of the rule, both generally and regarding each of the specific industries and sectors it covers; (B) whether the rule as a whole, or any major feature of it, is outdated, obsolete, or unnecessary, whether by change of technology, the marketplace, or otherwise; (C) the extent to which the rule or information required to comply with the rule duplicated, conflicted, or overlapped with requirements under rules of other agencies; (D) in the case of a rule addressing a risk to health or safety or the environment, what the perceived risk was at the time of issuance and to what extent the risk predictions were accurate; (E) whether the rule unnecessarily impeded domestic or international competition or unnecessarily intruded on free market forces, and whether the rule unnecessarily interfered with opportunities or efforts to transfer to the private sector duties carried out by the Government; (F) whether, and to what extent, the rule imposed unfunded mandates on, or otherwise affected, State and local governments; (G) whether compliance with the rule required substantial capital investment and whether terminating the rule on the next review deadline would create an unfair advantage to those who are not in compliance with it; (H) whether the rule constituted the least cost method of achieving its objective consistent with the criteria of the Act under which the rule was issued, and to what extent the rule provided flexibility to those who were subject to it; (I) whether the rule was worded simply and clearly, including clear identification of those who were subject to the rule; (J) whether the rule created negative unintended consequences; (K) the extent to which information requirements under the rule can be reduced; and (L) the extent to which the rule has contributed positive benefits, particularly health or safety or environmental benefits. (b) Preliminary reports on sunset reviews The preliminary report under section 404(b)(2) on the sunset review of a rule shall request public comments and contain— (1) specific requests for factual findings and recommended legal conclusions regarding the application of section 403 to the rule, the continued need for the rule, and whether the rule duplicates functions of another rule; (2) a request for comments on whether the rule should be continued without change, modified, consolidated with another rule, or terminated; and (3) if consolidation or modification of the rule is recommended, suggestions for the proposed text of the consolidated or modified rule. (c) Final reports on sunset reviews The report under section 404(b)(3) on the sunset review of a rule shall— (1) contain the factual findings and legal conclusions of the agency conducting the review regarding the application of section 403 to the rule and the agency’s proposed recommendation as to whether the rule should be continued without change, modified, consolidated with another rule, or terminated; (2) in the case of a rule that the agency proposes to continue without change, so state; (3) in the case of a rule that the agency proposes to modify or consolidate with another rule, contain— (A) a notice of proposed rulemaking under section 553 of title 5, United States Code or under other statutory rulemaking procedures required for that rule; and (B) the text of the rule as so modified or consolidated; and (4) in the case of a rule that the agency proposes to terminate, contain a notice of proposed rulemaking for termination consistent with paragraph (3)(A). A final report described in paragraph (2) shall be published in the Federal Register. (d) Rulemaking The final report under subsection (c)(3) or (c)(4) shall be published in the Federal Register and its publication shall constitute publication of the notice required by subsection (c)(3)(A). After publication of the final report under subsection (c)(3) or (c)(4) on a sunset review of a rule, the agency which conducted such review shall conduct the rulemaking which is called for in such report. (e) Legislative recommendations In any case in which the head of an agency determines that a rule in a final report under subsection (c)(3) or (c)(4) cannot be changed, modified, or consolidated with another rule without legislative action, such head shall include in such final report a description of what legislative changes are required to implement the recommendations in such final report with regard to such rule. 607. Designation of agency regulatory review officers The head of each agency shall designate an officer of the agency as the Regulatory Review Officer of the agency. The Regulatory Review Officer of an agency shall be responsible for the implementation of this title by the agency and shall report directly to the head of the agency and the Administrator with respect to that responsibility. 608. Relationship to the Administrative Procedure Act Nothing in this title is intended to supersede the provisions of chapters 5, 6, and 7 of title 5, United States Code. 609. Effect of termination of a covered rule (a) Effect of termination, generally If a covered rule is terminated pursuant to this title— (1) this title shall not be construed to prevent the President or an agency from exercising any authority that otherwise exists to implement the statute under which the rule was issued; (2) in an agency proceeding or court action between an agency and a non-agency party, the rule shall be given no conclusive legal effect but may be submitted as evidence of prior agency practice and procedure; and (3) this title shall not be construed to prevent the continuation or institution of any enforcement action that is based on a violation of the rule that occurred before the effectiveness of the rule terminated. (b) Effect on deadlines (1) In general Notwithstanding subsection (a), any deadline for, relating to, or involving any action dependent upon, any rule terminated under this title is suspended until the agency that issued the rule issues a new rule on the same matter, unless otherwise provided by a law. (2) Deadline defined In this subsection, the term deadline means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal rule, or by or under any court order implementing any Federal rule. 610. Judicial review (a) In general A denial or substantial inexcusable delay in granting or denying a petition under section 402(c) shall be considered final agency action subject to review under section 702 of title 5, United States Code. A denial of a congressional request under section 402(d) shall not be subject to judicial review. (b) Time limitation on filing a civil action Notwithstanding any other provisions of law, an action seeking judicial review of a final agency action under this title may not be brought— (1) in the case of a final agency action denying a public petition under section 402(c) or continuing without change, modifying, consolidating, or terminating a covered rule, more than 30 days after the date of that agency action; or (2) in the case of an action challenging a delay in deciding on a petition for a rule under section 402(c), more than 1 year after the period applicable to the rule under section 402(c)(4). (c) Availability of judicial review unaffected Except to the extent that there is a direct conflict with the provisions of this title, nothing in this title is intended to affect the availability or standard of judicial review for agency regulatory action. 611. Definitions In this title, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. (2) Agency The term agency has the meaning given that term in section 551(1) of title 5, United States Code. (3) Appropriate committee of the congress The term appropriate committee of the Congress means, with respect to a rule, each standing committee of Congress having authority under the Rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (4) Major rule The term major rule means any rule that the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget finds has resulted in or is likely to result in— (A) an annual effect on the economy of $100,000,000 or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. (5) Rule (A) General rule Subject to subparagraph (B), the term rule means any agency statement of general applicability and future effect, including agency guidance documents, designed to implement, interpret, or prescribe law or policy, or describing the procedures or practices of an agency, or intended to assist in such actions, but does not include— (i) regulations or other agency statements issued in accordance with formal rulemaking provisions of sections 556 and 557 of title 5, United States Code, or in accordance with other statutory formal rulemaking procedures required for such regulations or statements; (ii) regulations or other agency statements that are limited to agency organization, management, or personnel matters; (iii) regulations or other agency statements issued with respect to a military or foreign affairs function of the United States; (iv) regulations, statements, or other agency actions that are reviewed and usually modified each year (or more frequently), or are reviewed regularly and usually modified based on changing economic or seasonal conditions; (v) regulations or other agency actions that grant an approval, license, permit, registration, or similar authority or that grant or recognize an exemption or relieve a restriction, or any agency action necessary to permit new or improved applications of technology or to allow the manufacture, distribution, sale, or use of a substance or product; and (vi) regulations or other agency statements that the Administrator certifies in writing are necessary for the enforcement of the Federal criminal laws. (B) Scope of a rule For purposes of this title, each set of rules designated in the Code of Federal Regulations as a part shall be treated as one rule. Each set of rules that do not appear in the Code of Federal Regulations and that are comparable to a part of that Code under guidelines established by the Administrator shall be treated as one rule. (6) Sunset review The term sunset review means a review of the rule under this title. 612. Sunset of this title This title shall have no force or effect after the 10-year period beginning on the date of the enactment of this title. VII Regulation costs to small businesses and Grace period for regulatory violations 701. Small Business Administration study on the cost of Federal regulations (a) In general Beginning on the date that is 1 year after the date of enactment of this title, and annually thereafter, the Administrator shall conduct an annual study of the total costs to small business concerns of Federal regulations and the amount that such total costs have increased over the prior year. (b) Requirement In conducting each study required under subsection (a), the Administrator shall use the best available estimates of the costs and the benefits, disaggregated by the agency issuing the regulation, of each major rule (as defined in section 804 of title 5, United States Code) made after the date of the study in the prior year resulting in a net cost to small business concerns during the period to which the report pertains, and of the cumulative costs of such rules. Such estimates may include estimates produced under the terms of Executive Order 12866. (c) Report Not later than 90 days after completing a study required by this section, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on the findings of that study. (d) Funding (1) In general The Administration shall carry out this section using unobligated funds otherwise made available to the Administration. (2) Sense of congress regarding funding It is the sense of Congress that no additional funds should be made available to the Administration to carry out this title. (e) Definitions In this section— (1) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; and (2) the term small business concern has the same meaning as in section 3 of the Small Business Act ( 15 U.S.C. 632 ). 702. Grace period for regulatory violations Section 558 of title 5, United States Code, is amended by adding at the end the following: (d) Before any enforcement action is taken on any sanction on a business for any violation of a rule or pursuant to an adjudication an agency shall— (1) not later than 10 business days after the date on which the agency determines that a sanction may be imposed on the business, provide notice to the business that, if the business is a small business as defined in subsection (k), the small business may be subject to a sanction at the end of the grace period described in paragraph (3); (2) delay any further action for a period of 15 calendar days; (3) for any small business, defer any further action for a period of not less than 6 months, less the 15 days described in paragraph (2), which shall be extended by an additional period of 3 months on application by the small business demonstrating reasonable efforts made in good faith to remedy the violation or other conduct giving rise to the sanction; (4) make a further determination after the period described in paragraph (3) as to whether or not the small business would still be subject to the sanction as of the end of that period; (5) if the determination under paragraph (4) is that the small business would not be subject to the sanction, waive the sanction; and (6) if notice is given more than 10 business days after the date on which the agency determines that a sanction may be imposed on the business, and the agency determines that the same sanction may have been imposed on the business 10 business days prior to the date of the notice, that date of notice shall be the effective date commencing the grace period described in paragraph (3). (e) The grace period described by subsection (d) shall be applicable only once per business per rule, but shall cover subsequent violations of the same rule until it expires. (f) The grace period described by subsection (d) shall not apply to a violation that puts anyone in imminent danger, as defined by the Occupational Safety and Health Act (29 U.S.C. 662 et seq.). (g) Nothing in subsection (d) shall be construed to prevent a small business from appealing any sanction imposed in accordance with the procedures of the agency, or from seeking review under chapter 7 of this title. (h) Any sanction by an agency on a small business for any violation of a rule or pursuant to an adjudication, absent proof of written notice of the sanction and the date on which the agency determined that a sanction may be imposed, or in violation of subsection (d)(3), shall be null and void. (i) Federal agencies shall report annually to the Ombudsman on the utilization of this directive and disclose the penalty mitigation for small businesses. (j) The Ombudsman shall include in its annual report to Congress the agency reports described by subsection (i) and a summary of the findings. (k) For purposes of this section— (1) term small business is defined as any sole proprietorship, partnership, corporation, limited liability company, or other business entity, that— (A) had less than $10,000,000 in gross receipts in the preceding calendar year; (B) is considered a small-business concern as such term is defined pursuant to Section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ); (C) employed fewer than 200 individuals in the preceding calendar year; or (D) had CPI adjusted gross receipts of less than $10,000,000 in the preceding year; (2) the term Ombudsman has the same meaning given such term in section 30(a) of the Small Business Act (15 U.S.C. 657(a)); (3) the term consumer price index means the consumer price index for all urban consumers published by the Department of Labor; and (4) the term CPI adjusted gross receipts means the amount of gross receipts, divided by the consumer price index for calendar year 2012, and multiplied by the consumer price index for the preceding calendar year, rounded to the nearest multiple of $100,000 (or, if midway between multiples of $100,000, to the next higher multiple of $100,000). . VIII Major Rules of the Executive Branch Be Approved By Congress 801. Congressional review of agency rulemaking Chapter 8 of title 5, United States Code, is amended to read as follows: 8 Congressional Review of Agency Rulemaking Sec. 801. Congressional review. 802. Congressional approval procedure for major rules. 803. Congressional disapproval procedure for nonmajor rules. 804. Definitions. 805. Judicial review. 806. Exemption for monetary policy. 807. Effective date of certain rules. 801. Congressional review (a) (1) (A) Before a rule may take effect, the Federal agency promulgating such rule shall submit to each House of the Congress and to the Comptroller General a report containing— (i) a copy of the rule; (ii) a concise general statement relating to the rule; (iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within clauses (i) through (iii) of section 804(2)(A) or within section 804(2)(B); (iv) a list of any other related regulatory actions taken by or that will be taken by the Federal agency promulgating the rule that are intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; (v) a list of any other related regulatory actions taken by or that will be taken by any other Federal agency with authority to implement the same statutory provision or regulatory objective that are intended to implement such provision or objective, of which the Federal agency promulgating the rule is aware, as well as the individual and aggregate economic effects of those actions; and (vi) the proposed effective date of the rule. (B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress— (i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs; (ii) the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title; (iii) the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and (iv) any other relevant information or requirements under any other Act and any relevant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (2) (A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity. (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A). (3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later. (4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1). (5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate. (b) (1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802. (2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect. (c) (1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. (2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement. (3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802. (d) (1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring— (A) in the case of the Senate, 60 session days, or (B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. (2) (A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though— (i) such rule were published in the Federal Register on— (I) in the case of the Senate, the 15th session day, or (II) in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and (ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date. (B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect. (3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). 802. Congressional approval procedure for major rules (a) (1) For purposes of this section, the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that— (A) bears no preamble; (B) bears the following title (with blanks filled as appropriate): Approving the rule submitted by ___ relating to ___. ; (C) includes after its resolving clause only the following (with blanks filled as appropriate): That Congress approves the rule submitted by ___ relating to ___. ; and (D) is introduced pursuant to paragraph (2). (2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)— (A) in the case of the House of Representatives, within three legislative days; and (B) in the case of the Senate, within three session days. (3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding. (b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued. (c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. (d) (1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day. (f) (1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. (g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day. (h) This section and section 803 are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and (2) with full recognition of the Constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. 803. Congressional disapproval procedure for nonmajor rules (a) For purposes of this section, the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress disapproves the nonmajor rule submitted by the ___ relating to ___ , and such rule shall have no force or effect. (The blank spaces being appropriately filled in). (b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction. (c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. (d) (1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the Senate the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule— (1) after the expiration of the 60 session days beginning with the applicable submission or publication date, or (2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: (1) The joint resolution of the other House shall not be referred to a committee. (2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution— (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of the other House. 804. Definitions For purposes of this chapter— (1) The term Federal agency means any agency as that term is defined in section 551(1). (2) The term major rule means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds— (A) has resulted in or is likely to result in— (i) an annual effect on the economy of $50,000,000 or more; (ii) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (iii) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; (B) is made by the Administrator of the Environmental Protection Agency and that would have a significant impact on a substantial number of agricultural entities, as determined by the Secretary of Agriculture (who shall publish such determination in the Federal Register); (C) is a rule that implements or provides for the imposition or collection of a carbon tax; or (D) is made under the Patient Protection and Affordable Care Act ( Public Law 111–148 ). (3) The term nonmajor rule means any rule that is not a major rule. (4) The term rule has the meaning given such term in section 551, except that such term does not include any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing. (5) The term submission date or publication date , except as otherwise provided in this chapter, means— (A) in the case of a major rule, the date on which the Congress receives the report submitted under section 801(a)(1); and (B) in the case of a nonmajor rule, the later of— (i) the date on which the Congress receives the report submitted under section 801(a)(1); and (ii) the date on which the nonmajor rule is published in the Federal Register, if so published. (6) The term agricultural entity means any entity involved in or related to agricultural enterprise, including enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries. (7) The term carbon tax means a fee, levy, or price on— (A) emissions, including carbon dioxide emissions generated by the burning of coal, natural gas, or oil; or (B) coal, natural gas, or oil based on emissions, including carbon dioxide emissions that would be generated through the fuel's combustion. 805. Judicial review (a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. (b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect. (c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect. 806. Exemption for monetary policy Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. 807. Effective date of certain rules Notwithstanding section 801— (1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or (2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the Federal agency promulgating the rule determines. . 802. Budgetary effects of rules subject to section 802 of title 5, United States Code Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: (E) Budgetary effects of rules subject to section 802 of title 5, United States Code Any rules subject to the congressional approval procedure set forth in section 802 of chapter 8 of title 5, United States Code, affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with such section. . 803. Government Accountability Office study of rules (a) In general The Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this Act— (1) how many rules (as such term is defined in section 804 of title 5, United States Code) were in effect; (2) how many major rules (as such term is defined in section 804 of title 5, United States Code) were in effect; and (3) the total estimated economic cost imposed by all such rules. (b) Report Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains the findings of the study conducted under subsection (a). IX Simplification of Mergers, Acquisitions and Sales of Small Business 901. Registration exemption for merger and acquisition brokers (a) Registration exemption Section 15(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(b) ) is amended by adding at the end the following: (13) Registration exemption for merger and acquisition brokers (A) In general Except as provided in subparagraph (B), an M&A broker shall be exempt from registration under this section. (B) Excluded activities An M&A broker is not exempt from registration under this paragraph if such broker does any of the following: (i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. (ii) Engages on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be registered, with the Commission under section 12 or with respect to which the issuer files, or is required to file, periodic information, documents, and reports under subsection (d). (C) Rule of construction Nothing in this paragraph shall be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. (D) Definitions In this paragraph: (i) Control The term control means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. There is a presumption of control for any person who— (I) is a director, general partner, member or manager of a limited liability company, or officer exercising executive responsibility (or has similar status or functions); (II) has the right to vote 20 percent or more of a class of voting securities or the power to sell or direct the sale of 20 percent or more of a class of voting securities; or (III) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 20 percent or more of the capital. (ii) Eligible privately held company The term eligible privately held company means a company that meets both of the following conditions: (I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). (II) In the fiscal year ending immediately before the fiscal year in which the services of the M&A broker are initially engaged with respect to the securities transaction, the company meets either or both of the following conditions (determined in accordance with the historical financial accounting records of the company): (aa) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. (bb) The gross revenues of the company are less than $250,000,000. (iii) M&A broker The term M&A broker means a broker, and any person associated with a broker, engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible privately held company, if the broker reasonably believes that— (I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert, will control and, directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company; and (II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consummate the transaction, receive or have reasonable access to the most recent year-end balance sheet, income statement, statement of changes in financial position, and statement of owner’s equity of the issuer of the securities offered in exchange, and, if the financial statements of the issuer are audited, the related report of the independent auditor, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements, and material loss contingencies of the issuer. (E) Inflation adjustment (i) In general On the date that is 5 years after the date of the enactment of the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 , and every 5 years thereafter, each dollar amount in subparagraph (D)(ii)(II) shall be adjusted by— (I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2012; and (II) multiplying such dollar amount by the quotient obtained under subclause (I). (ii) Rounding Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000. . (b) Effective date This title and any amendment made by this title shall take effect on the date that is 90 days after the date of the enactment of this Act. III Energy X Offshore Energy and Jobs Act 1001. Short title This title may be cited as the Offshore Energy and Jobs Act . A Outer Continental Shelf Leasing Program Reforms 1011. Outer Continental Shelf leasing program reforms Section 18(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(a) ) is amended by adding at the end the following: (5) (A) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales including at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geologic assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area. (B) The Secretary shall include in each proposed oil and gas leasing program under this section any State subdivision of an outer Continental Shelf planning area that the Governor of the State that represents that subdivision requests be made available for leasing. The Secretary may not remove such a subdivision from the program until publication of the final program, and shall include and consider all such subdivisions in any environmental review conducted and statement prepared for such program under section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ). (C) In this paragraph the term available unleased acreage means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law. (6) (A) In the 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning areas that— (i) are estimated to contain more than 2,500,000,000 barrels of oil; or (ii) are estimated to contain more than 7,500,000,000,000 cubic feet of natural gas. (B) To determine the planning areas described in subparagraph (A), the Secretary shall use the document entitled Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation’s Outer Continental Shelf, 2006 . . 1012. Domestic oil and natural gas production goal Section 18(b) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(b) ) is amended to read as follows: (b) Domestic oil and natural gas production goal – (1) In general In developing a 5-year oil and gas leasing program, and subject to paragraph (2), the Secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program. Such goal shall be— (A) the best estimate of the possible increase in domestic production of oil and natural gas from the outer Continental Shelf; (B) focused on meeting domestic demand for oil and natural gas and reducing the dependence of the United States on foreign energy; and (C) focused on the production increases achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program. (2) Program goal For purposes of the 5-year oil and gas leasing program, the production goal referred to in paragraph (1) shall be an increase by 2032 of— (A) no less than 3,000,000 barrels in the amount of oil produced per day; and (B) no less than 10,000,000,000 cubic feet in the amount of natural gas produced per day. (3) Reporting The Secretary shall report annually, beginning at the end of the 5-year period for which the program applies, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of the program in meeting the production goal. The Secretary shall identify in the report projections for production and any problems with leasing, permitting, or production that will prevent meeting the goal. . 1013. Development and submittal of new 5-year oil and gas leasing program (a) In general The Secretary of the Interior shall— (1) by not later than July 15, 2014, publish and submit to Congress a new proposed oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) for the 5-year period beginning on such date and ending July 15, 2020; and (2) by not later than July 15, 2015, approve a final oil and gas leasing program under such section for such period. (b) Consideration of all areas In preparing such program the Secretary shall include consideration of areas of the Continental Shelf off the coasts of all States (as such term is defined in section 2 of that Act, as amended by this title), that are subject to leasing under this title. (c) Technical correction Section 18(d)(3) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(d)(3) ) is amended by striking or after eighteen months following the date of enactment of this section, whichever first occurs, . 1014. Rule of construction Nothing in this title shall be construed to authorize the issuance of a lease under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 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, Accountability 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 seq.), section 1245 of the National Defense Authorization 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 Sovereignty Restoration Act of 2003 ( 22 U.S.C. 2151 note). B Directing the President To Conduct New OCS Sales in Virginia, South Carolina, and California 1021. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia (a) In general Notwithstanding the exclusion of Lease Sale 220 in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) as soon as practicable, but not later than one year after the date of enactment of this Act. (b) Requirement To make replacement lease blocks available For each lease block in a proposed lease sale under this section for which the Secretary of Defense, in consultation with the Secretary of the Interior, under the Memorandum of Agreement referred to in section 1025(b), issues a statement proposing deferral from a lease offering due to defense-related activities that are irreconcilable with mineral exploration and development, the Secretary of the Interior, in consultation with the Secretary of Defense, shall make available in the same lease sale one other lease block in the Virginia lease sale planning area that is acceptable for oil and gas exploration and production in order to mitigate conflict. (c) Balancing military and energy production goals In recognition that the Outer Continental Shelf oil and gas leasing program and the domestic energy resources produced therefrom are integral to national security, the Secretary of the Interior and the Secretary of Defense shall work jointly in implementing this section in order to ensure achievement of the following common goals: (1) Preserving the ability of the Armed Forces of the United States to maintain an optimum state of readiness through their continued use of the Outer Continental Shelf. (2) Allowing effective exploration, development, and production of our Nation’s oil, gas, and renewable energy resources. (d) Definitions In this section: (1) Lease sale 220 The term Lease Sale 220 means such lease sale referred to in the Request for Comments on the Draft Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010–2015 and Notice of Intent To Prepare an Environmental Impact Statement (EIS) for the Proposed 5-Year Program published January 21, 2009 (74 Fed. Reg. 3631). (2) Virginia lease sale planning area The term Virginia lease sale planning area means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act ( 33 U.S.C. 1331 et seq. )) that is bounded by— (A) a northern boundary consisting of a straight line extending from the northernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and (B) a southern boundary consisting of a straight line extending from the southernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude. 1022. South Carolina lease sale Notwithstanding inclusion of the South Atlantic Outer Continental Shelf Planning Area in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct a lease sale not later than 2 years after the date of the enactment of this Act for areas off the coast of South Carolina determined by the Secretary to have the most geologically promising hydrocarbon resources and constituting not less than 25 percent of the leasable area within the South Carolina offshore administrative boundaries depicted in the notice entitled Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from the Submerged Lands Act Boundary seaward to the Limit of the United States Outer Continental Shelf , published January 3, 2006 (71 Fed. Reg. 127). 1023. Southern California existing infrastructure lease sale (a) In general The Secretary of the Interior shall offer for sale leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of the Southern California OCS Planning Area as soon as practicable, but not later than December 31, 2014. (b) Use of Existing Structures or Onshore-Based Drilling The Secretary of the Interior shall include in leases offered for sale under this lease sale such terms and conditions as are necessary to require that development and production may occur only from offshore infrastructure in existence on the date of the enactment of this Act or from onshore-based, extended-reach drilling. 1024. Environmental impact statement requirement (a) In General For the purposes of this title, the Secretary of the Interior shall prepare a multisale environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) for all lease sales required under this subtitle. (b) Actions To be considered Notwithstanding section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ), in such statement— (1) the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such alternative courses of action; and (2) the Secretary shall only— (A) identify a preferred action for leasing and not more than one alternative leasing proposal; and (B) analyze the environmental effects and potential mitigation measures for such preferred action and such alternative leasing proposal. 1025. National defense (a) National Defense Areas This title does not affect the existing authority of the Secretary of Defense, with the approval of the President, to designate national defense areas on the Outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1341(d) ). (b) Prohibition on Conflicts With Military Operations No person may engage in any exploration, development, or production of oil or natural gas on the Outer Continental Shelf under a lease issued under this title that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. 1026. Opening the Eastern Gulf of Mexico for exploration (a) Repeal Section 104 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432; 43 U.S.C. 1331 note) is repealed. (b) Exchanges not affected Subsection (a) of this section shall not affect any exchange made before the date of the enactment of this Act. C Equitable Sharing of Outer Continental Shelf Revenues 1031. Disposition of Outer Continental Shelf revenues to coastal States (a) In general Section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ) is amended— (1) in the existing text— (A) in the first sentence, by striking All rentals, and inserting the following: (c) Disposition of revenue under old leases All rentals, ; and (B) in subsection (c) (as designated by the amendment made by subparagraph (A) of this paragraph), by striking for the period from June 5, 1950, to date, and thereafter and inserting in the period beginning June 5, 1950, and ending on the date of enactment of the Offshore Energy and Jobs Act ; (2) by adding after subsection (c) (as so designated) the following: (d) Definitions In this section: (1) Coastal State The term coastal State includes a territory of the United States. (2) New leasing revenues The term new leasing revenues — (A) means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production on new areas of the outer Continental Shelf that are authorized to be made available for leasing as a result of enactment of the Offshore Energy and Jobs Act and leasing under that Act; and (B) does not include amounts received by the United States under any lease of an area located in the boundaries of the Central Gulf of Mexico and Western Gulf of Mexico Outer Continental Shelf Planning Areas on the date of enactment of the Offshore Energy and Jobs Act , including a lease issued before, on, or after such date of enactment. ; and (3) by inserting before subsection (c) (as so designated) the following: (a) Payment of new leasing revenues to coastal States (1) In general Except as provided in paragraph (2), of the amount of new leasing revenues received by the United States each fiscal year, 37.5 percent shall be allocated and paid in accordance with subsection (b) to coastal States that are affected States with respect to the leases under which those revenues are received by the United States. (2) Phase-in (A) In general Except as provided in subparagraph (B), paragraph (1) shall be applied— (i) with respect to new leasing revenues under leases awarded under the first leasing program under section 18(a) that takes effect after the date of enactment of the Offshore Energy and Jobs Act , by substituting 12.5 percent for 37.5 percent ; and (ii) with respect to new leasing revenues under leases awarded under the second leasing program under section 18(a) that takes effect after the date of enactment of the Offshore Energy and Jobs Act , by substituting 25 percent for 37.5 percent . (B) Exempted lease sales This paragraph shall not apply with respect to any lease issued under title II of the Offshore Energy and Jobs Act . (b) Allocation of payments (1) In general The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to coastal States in accordance with this subsection each fiscal year shall be allocated among and paid to coastal States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary. (2) Minimum and maximum allocation The amount allocated to a coastal State under paragraph (1) each fiscal year with respect to a leased tract shall be— (A) in the case of a coastal State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; (B) in the case of any other coastal State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract; and (C) in the case of a coastal State that is the only coastal State within 200 miles of a leased tract, 100 percent of the total amounts allocated with respect to the leased tract. (3) Administration Amounts allocated to a coastal State under this subsection— (A) shall be available to the coastal State without further appropriation; (B) shall remain available until expended; (C) shall be in addition to any other amounts available to the coastal State under this Act; and (D) shall be distributed in the fiscal year following receipt. (4) Use of funds (A) In general Except as provided in subparagraph (B), a coastal State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. (B) Restriction on use for matching Funds allocated and paid to a coastal State under this subsection may not be used as matching funds for any other Federal program. . (b) Limitation on application This section and the amendment made by this section shall not affect the application of section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; ( 43 U.S.C. 1331 note)), as in effect before the enactment of this Act, with respect to revenues received by the United States under oil and gas leases issued for tracts located in the Western and Central Gulf of Mexico Outer Continental Shelf Planning Areas, including such leases issued on or after the date of the enactment of this Act. D Reorganization of Minerals Management Agencies of the Department of the Interior 1041. Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety There shall be in the Department of the Interior— (1) an Under Secretary for Energy, Lands, and Minerals, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Secretary of the Interior or, if directed by the Secretary, to the Deputy Secretary of the Interior; (C) be paid at the rate payable for level III of the Executive Schedule; and (D) be responsible for— (i) the safe and responsible development of our energy and mineral resources on Federal lands in appropriate accordance with United States energy demands; and (ii) ensuring multiple-use missions of the Department of the Interior that promote the safe and sustained development of energy and minerals resources on public lands (as that term is defined in the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. )); (2) an Assistant Secretary of Ocean Energy and Safety, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on the Outer Continental Shelf of the United States; and (3) an Assistant Secretary of Land and Minerals Management, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on public lands and other Federal onshore lands under the jurisdiction of the Department of the Interior, including implementation of the Mineral Leasing Act (30 U.S.C. 181 et seq.) and the Surface Mining Control and Reclamation Act (30 U.S.C. 1201 et seq.) and administration of the Office of Surface Mining. 1042. Bureau of Ocean Energy (a) Establishment There is established in the Department of the Interior a Bureau of Ocean Energy (referred to in this section as the Bureau ), which shall— (1) be headed by a Director of Ocean Energy (referred to in this section as the Director ); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director (1) Appointment The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out through the Bureau all functions, powers, and duties vested in the Secretary relating to the administration of a comprehensive program of offshore mineral and renewable energy resources management. (2) Specific authorities The Director shall promulgate and implement regulations— (A) for the proper issuance of leases for the exploration, development, and production of nonrenewable and renewable energy and mineral resources on the Outer Continental Shelf; (B) relating to resource identification, access, evaluation, and utilization; (C) for development of leasing plans, lease sales, and issuance of leases for such resources; and (D) regarding issuance of environmental impact statements related to leasing and post leasing activities including exploration, development, and production, and the use of third party contracting for necessary environmental analysis for the development of such resources. (3) Limitation The Secretary shall not carry out through the Bureau any function, power, or duty that is— (A) required by section 1043 to be carried out through the Ocean Energy Safety Service; or (B) required by section 1044 to be carried out through the Office of Natural Resources Revenue. (d) Responsibilities of land management agencies Nothing in this section shall affect the authorities of the Bureau of Land Management under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) or of the Forest Service under the National Forest Management Act of 1976 ( Public Law 94–588 ). 1043. Ocean Energy Safety Service (a) Establishment There is established in the Department of the Interior an Ocean Energy Safety Service (referred to in this section as the Service ), which shall— (1) be headed by a Director of Energy Safety (referred to in this section as the Director ); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director (1) Appointment The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out through the Service all functions, powers, and duties vested in the Secretary relating to the administration of safety and environmental enforcement activities related to offshore mineral and renewable energy resources on the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) including the authority to develop, promulgate, and enforce regulations to ensure the safe and sound exploration, development, and production of mineral and renewable energy resources on the Outer Continental Shelf in a timely fashion. (2) Specific authorities The Director shall be responsible for all safety activities related to exploration and development of renewable and mineral resources on the Outer Continental Shelf, including— (A) exploration, development, production, and ongoing inspections of infrastructure; (B) the suspending or prohibiting, on a temporary basis, any operation or activity, including production under leases held on the Outer Continental Shelf, in accordance with section 5(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(1)); (C) cancelling any lease, permit, or right-of-way on the Outer Continental Shelf, in accordance with section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)); (D) compelling compliance with applicable Federal laws and regulations relating to worker safety and other matters; (E) requiring comprehensive safety and environmental management programs for persons engaged in activities connected with the exploration, development, and production of mineral or renewable energy resources; (F) developing and implementing regulations for Federal employees to carry out any inspection or investigation to ascertain compliance with applicable regulations, including health, safety, or environmental regulations; (G) implementing the Offshore Technology Research and Risk Assessment Program under section 21 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1347 ); (H) summoning witnesses and directing the production of evidence; (I) levying fines and penalties and disqualifying operators; (J) carrying out any safety, response, and removal preparedness functions; and (K) the processing of permits, exploration plans, development plans. (d) Employees (1) In general The Secretary shall ensure that the inspection force of the Bureau consists of qualified, trained employees who meet qualification requirements and adhere to the highest professional and ethical standards. (2) Qualifications The qualification requirements referred to in paragraph (1)— (A) shall be determined by the Secretary, subject to subparagraph (B); and (B) shall include— (i) three years of practical experience in oil and gas exploration, development, or production; or (ii) a degree in an appropriate field of engineering from an accredited institution of higher learning. (3) Assignment In assigning oil and gas inspectors to the inspection and investigation of individual operations, the Secretary shall give due consideration to the extent possible to their previous experience in the particular type of oil and gas operation in which such inspections are to be made. (4) Background checks The Director shall require that an individual to be hired as an inspection officer undergo an employment investigation (including a criminal history record check). (5) Language requirements Individuals hired as inspectors must be able to read, speak, and write English well enough to— (A) carry out written and oral instructions regarding the proper performance of inspection duties; and (B) write inspection reports and statements and log entries in the English language. (6) Veterans preference The Director shall provide a preference for the hiring of an individual as a inspection officer if the individual is a member or former member of the Armed Forces and is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member of the Armed Forces. (7) Annual proficiency review (A) Annual proficiency review The Director shall provide that an annual evaluation of each individual assigned inspection duties is conducted and documented. (B) Continuation of employment An individual employed as an inspector may not continue to be employed in that capacity unless the evaluation demonstrates that the individual— (i) continues to meet all qualifications and standards; (ii) has a satisfactory record of performance and attention to duty based on the standards and requirements in the inspection program; and (iii) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform inspection functions. (8) Limitation on right to strike Any individual that conducts permitting or inspections under this section may not participate in a strike, or assert the right to strike. (9) Personnel authority Notwithstanding any other provision of law, the Director may employ, appoint, discipline and terminate for cause, and fix the compensation, terms, and conditions of employment of Federal service for individuals as the employees of the Service in order to restore and maintain the trust of the people of the United States in the accountability of the management of our Nation’s energy safety program. (10) Training Academy (A) In general The Secretary shall establish and maintain a National Offshore Energy Safety Academy (referred to in this paragraph as the Academy ) as an agency of the Ocean Energy Safety Service. (B) Functions of Academy The Secretary, through the Academy, shall be responsible for— (i) the initial and continued training of both newly hired and experienced offshore oil and gas inspectors in all aspects of health, safety, environmental, and operational inspections; (ii) the training of technical support personnel of the Bureau; (iii) any other training programs for offshore oil and gas inspectors, Bureau personnel, Department personnel, or other persons as the Secretary shall designate; and (iv) certification of the successful completion of training programs for newly hired and experienced offshore oil and gas inspectors. (C) Cooperative agreements (i) In general In performing functions under this paragraph, and subject to clause (ii), the Secretary may enter into cooperative educational and training agreements with educational institutions, related Federal academies, other Federal agencies, State governments, safety training firms, and oil and gas operators and related industries. (ii) Training requirement Such training shall be conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the Secretary. (11) Use of Department personnel In performing functions under this subsection, the Secretary shall use, to the extent practicable, the facilities and personnel of the Department of the Interior. The Secretary may appoint or assign to the Academy such officers and employees as the Secretary considers necessary for the performance of the duties and functions of the Academy. (12) Additional training programs (A) In general The Secretary shall work with appropriate educational institutions, operators, and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and gas operators that are designed— (i) to enable persons to qualify for positions in the administration of this title; and (ii) to provide for the continuing education of inspectors or other appropriate Department of the Interior personnel. (B) Financial and technical assistance The Secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph. (e) Limitation The Secretary shall not carry out through the Service any function, power, or duty that is— (1) required by section 1042 to be carried out through Bureau of Ocean Energy; or (2) required by section 1044 to be carried out through the Office of Natural Resources Revenue. 1044. Office of Natural Resources Revenue (a) Establishment There is established in the Department of the Interior an Office of Natural Resources Revenue (referred to in this section as the Office ) to be headed by a Director of Natural Resources Revenue (referred to in this section as the Director ). (b) Appointment and compensation (1) In general The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for Level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out, through the Office, all functions, powers, and duties vested in the Secretary and relating to the administration of offshore royalty and revenue management functions. (2) Specific authorities The Secretary shall carry out, through the Office, all functions, powers, and duties previously assigned to the Minerals Management Service (including the authority to develop, promulgate, and enforce regulations) regarding offshore royalty and revenue collection; royalty and revenue distribution; auditing and compliance; investigation and enforcement of royalty and revenue regulations; and asset management for onshore and offshore activities. (d) Limitation The Secretary shall not carry out through the Office any function, power, or duty that is— (1) required by section 1042 to be carried out through Bureau of Ocean Energy; or (2) required by section 1043 to be carried out through the Ocean Energy Safety Service. 1045. Ethics and drug testing (a) Certification The Secretary of the Interior shall certify annually that all Department of the Interior officers and employees having regular, direct contact with lessees, contractors, concessionaires, and other businesses interested before the Government as a function of their official duties, or conducting investigations, issuing permits, or responsible for oversight of energy programs, are in full compliance with all Federal employee ethics laws and regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.) and part 2635 of title 5, Code of Federal Regulations, and all guidance issued under subsection (c). (b) Drug Testing The Secretary shall conduct a random drug testing program of all Department of the Interior personnel referred to in subsection (a). (c) Guidance Not later than 90 days after the date of enactment of this Act, the Secretary shall issue supplementary ethics and drug testing guidance for the employees for which certification is required under subsection (a). The Secretary shall update the supplementary ethics guidance not less than once every 3 years thereafter. 1046. Abolishment of Minerals Management Service (a) Abolishment The Minerals Management Service is abolished. (b) Completed administrative actions (1) In general Completed administrative actions of the Minerals Management Service shall not be affected by the enactment of this Act, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law. (2) Completed administrative action defined For purposes of paragraph (1), the term completed administrative action includes orders, determinations, memoranda of understanding, memoranda of agreements, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges. (c) Pending Proceedings Subject to the authority of the Secretary of the Interior and the officers of the Department of the Interior under this title— (1) pending proceedings in the Minerals Management Service, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue, notwithstanding the enactment of this title or the vesting of functions of the Service in another agency, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance or modification could have occurred if this title had not been enacted; and (2) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this title had not been enacted, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law. (d) Pending Civil Actions Subject to the authority of the Secretary of the Interior or any officer of the Department of the Interior under this title, pending civil actions shall continue notwithstanding the enactment of this Act, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment had not occurred. (e) References References relating to the Minerals Management Service in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of this title are deemed to refer, as appropriate, to the Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to the Minerals Management Service immediately before the effective date of this title shall continue to apply. 1047. Conforming amendments to Executive Schedule pay rates (a) Under Secretary for Energy, Lands, and Minerals Section 5314 of title 5, United States Code, is amended by inserting after the item relating to Under Secretaries of the Treasury (3). the following: Under Secretary for Energy, Lands, and Minerals, Department of the Interior. . (b) Assistant Secretaries Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of the Interior (6). and inserting the following: Assistant Secretaries, Department of the Interior (7). . (c) Directors Section 5316 of title 5, United States Code, is amended by striking Director, Bureau of Mines, Department of the Interior. and inserting the following new items: Director, Bureau of Ocean Energy, Department of the Interior. Director, Ocean Energy Safety Service, Department of the Interior. Director, Office of Natural Resources Revenue, Department of the Interior. . 1048. Outer Continental Shelf Energy Safety Advisory Board (a) Establishment The Secretary of the Interior shall establish, under the Federal Advisory Committee Act, an Outer Continental Shelf Energy Safety Advisory Board (referred to in this section as the Board )— (1) to provide the Secretary and the Directors established by this title with independent scientific and technical advice on safe, responsible, and timely mineral and renewable energy exploration, development, and production activities; and (2) to review operations of the National Offshore Energy Health and Safety Academy established under section 1043(d), including submitting to the Secretary recommendations of curriculum to ensure training scientific and technical advancements. (b) Membership (1) Size The Board shall consist of not more than 11 members, who— (A) shall be appointed by the Secretary based on their expertise in oil and gas drilling, well design, operations, well containment and oil spill response; and (B) must have significant scientific, engineering, management, and other credentials and a history of working in the field related to safe energy exploration, development, and production activities. (2) Consultation and nominations The Secretary shall consult with the National Academy of Sciences and the National Academy of Engineering to identify potential candidates for the Board and shall take nominations from the public. (3) Term The Secretary shall appoint Board members to staggered terms of not more than 4 years, and shall not appoint a member for more than 2 consecutive terms. (4) Balance In appointing members to the Board, the Secretary shall ensure a balanced representation of industry and research interests. (c) Chair The Secretary shall appoint the Chair for the Board from among its members. (d) Meetings The Board shall meet not less than 3 times per year and shall host, at least once per year, a public forum to review and assess the overall energy safety performance of Outer Continental Shelf mineral and renewable energy resource activities. (e) Offshore drilling safety assessments and recommendations As part of its duties under this section, the Board shall, by not later than 180 days after the date of enactment of this section and every 5 years thereafter, submit to the Secretary a report that— (1) assesses offshore oil and gas well control technologies, practices, voluntary standards, and regulations in the United States and elsewhere; and (2) as appropriate, recommends modifications to the regulations issued under this title to ensure adequate protection of safety and the environment, including recommendations on how to reduce regulations and administrative actions that are duplicative or unnecessary. (f) Reports Reports of the Board shall be submitted by the Board to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and made available to the public in electronically accessible form. (g) Travel expenses Members of the Board, other than full-time employees of the Federal Government, while attending meeting of the Board or while otherwise serving at the request of the Secretary or the Director while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. 1049. Outer Continental Shelf inspection fees Section 22 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1348 ) is amended by adding at the end of the section the following: (g) Inspection fees (1) Establishment The Secretary of the Interior shall collect from the operators of facilities subject to inspection under subsection (c) non-refundable fees for such inspections— (A) at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer Continental Shelf facilities (including mobile offshore drilling units) by the Department of the Interior; and (B) using a schedule that reflects the differences in complexity among the classes of facilities to be inspected. (2) Ocean energy safety fund There is established in the Treasury a fund, to be known as the Ocean Energy Enforcement Fund (referred to in this subsection as the Fund ), into which shall be deposited all amounts collected as fees under paragraph (1) and which shall be available as provided under paragraph (3). (3) Availability of fees (A) In general Notwithstanding section 3302 of title 31, United States Code, all amounts deposited in the Fund— (i) shall be credited as offsetting collections; (ii) shall be available for expenditure for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and the administration of the inspection program under this section; (iii) shall be available only to the extent provided for in advance in an appropriations Act; and (iv) shall remain available until expended. (B) Use for field offices Not less than 75 percent of amounts in the Fund may be appropriated for use only for the respective Department of the Interior field offices where the amounts were originally assessed as fees. (4) Initial fees Fees shall be established under this subsection for the fiscal year in which this subsection takes effect and the subsequent 10 years, and shall not be raised without advise and consent of the Congress, except as determined by the Secretary to be appropriate as an adjustment equal to the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the claim was determined or last adjusted. (5) Annual fees Annual fees shall be collected under this subsection for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2014 shall be— (A) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (B) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (C) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. (6) Fees for drilling rigs Fees for drilling rigs shall be assessed under this subsection for all inspections completed in fiscal years 2015 through 2024. Fees for fiscal year 2015 shall be— (A) $30,500 per inspection for rigs operating in water depths of 1,000 feet or more; and (B) $16,700 per inspection for rigs operating in water depths of less than 1,000 feet. (7) Billing The Secretary shall bill designated operators under paragraph (5) within 60 days after the date of the inspection, with payment required within 30 days of billing. The Secretary shall bill designated operators under paragraph (6) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days after billing. (8) Sunset No fee may be collected under this subsection for any fiscal year after fiscal year 2024. (9) Annual reports (A) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2014, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) Contents Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures and the additional hiring of personnel. (iii) A statement of the balance remaining in the Fund at the end of the fiscal year. (iv) An accounting of pace of permit approvals. (v) If fee increases are proposed after the initial 10-year period referred to in paragraph (5), a proper accounting of the potential adverse economic impacts such fee increases will have on offshore economic activity and overall production, conducted by the Secretary. (vi) Recommendations to increase the efficacy and efficiency of offshore inspections. (vii) Any corrective actions levied upon offshore inspectors as a result of any form of misconduct. . 1050. Prohibition on action based on National Ocean Policy developed under Executive Order No. 13547 (a) Prohibition The Bureau of Ocean Energy and the Ocean Energy Safety Service may not develop, propose, finalize, administer, or implement, any limitation on activities under their jurisdiction as a result of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547. (b) Report on expenditures Not later than 60 days after the date of enactment of this Act, the President shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate identifying all Federal expenditures in fiscal years 2012, 2013, and 2014, by the Bureau of Ocean Energy and the Ocean Energy Safety Service and their predecessor agencies, by agency, account, and any pertinent subaccounts, for the development, administration, or implementation of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547, including staff time, travel, and other related expenses. E United States Territories 1061. Application of Outer Continental Shelf Lands Act with respect to territories of the United States Section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— (1) in paragraph (a), by inserting after control the following: or lying within the United States exclusive economic zone and the Continental Shelf adjacent to any territory of the United States ; (2) in paragraph (p), by striking and after the semicolon at the end; (3) in paragraph (q), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (r) The term State includes each territory of the United States. . F Judicial Review 1071. Time for filing complaint (a) In general Any cause of action that arises from a covered energy decision must be filed not later than the end of the 60-day period beginning on the date of the covered energy decision. Any cause of action not filed within this time period shall be barred. (b) Exception Subsection (a) shall not apply to a cause of action brought by a party to a covered energy lease. 1072. District court deadline (a) In general All proceedings that are subject to section 1071— (1) shall be brought in the United States district court for the district in which the Federal property for which a covered energy lease is issued is located or the United States District Court of the District of Columbia; (2) shall be resolved as expeditiously as possible, and in any event not more than 170 days after such cause or claim is filed; and (3) shall take precedence over all other pending matters before the district court. (b) Failure To comply with deadline If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline described under this section, the cause or claim shall be dismissed with prejudice and all rights relating to such cause or claim shall be terminated. 1073. Ability to seek appellate review An interlocutory or final judgment, decree, or order of the district court in a proceeding that is subject to section 1071 may be reviewed by the United States Court of Appeals for the District of Columbia Circuit. The District of Columbia Circuit shall resolve any such appeal as expeditiously as possible and, in any event, not more than 180 days after such interlocutory or final judgment, decree, or order of the district court was issued. 1074. Limitation on scope of review and relief (a) Administrative findings and conclusions In any judicial review of any Federal action under this subtitle, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record. (b) Limitation on prospective relief In any judicial review of any action, or failure to act, under this subtitle, 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 Federal law requirement, and is the least intrusive means necessary to correct the violation concerned. 1075. Legal fees Any person filing a petition seeking judicial review of any action, or failure to act, under this subtitle who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust. 1076. Exclusion This subtitle shall not apply with respect to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof. 1077. Definitions In this subtitle, the following definitions apply: (1) Covered energy decision The term covered energy decision means any action or decision by a Federal official regarding the issuance of a covered energy lease. (2) Covered energy lease The term covered energy lease means any lease under this title or under an oil and gas leasing program under this title. G Miscellaneous Provisions 1081. Rules regarding distribution of revenues under Gulf of Mexico Energy Security Act of 2006 (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall issue rules to provide more clarity, certainty, and stability to the revenue streams contemplated by the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note). (b) Contents The rules shall include clarification of the timing and methods of disbursements of funds under section 105(b)(2) of such Act. 1082. Seismic testing in the Atlantic Outer Continental Shelf Not later than December 31, 2014, the Bureau of Ocean Energy Management shall publish a record of decision on the Atlantic G&G Programmatic Final Environmental Impact Statement. 1083. Disposition of qualified outer Continental Shelf Revenues The Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; (43 U.S.C. 1331 note)) is amended— (1) by striking 2016 each place it appears and inserting 2014 ; and (2) by striking section 105(f). XI Alaskan Energy for American Jobs Act 2001. Short title This title may be cited as the Alaskan Energy for American Jobs Act . 2002. Definitions In this title: (1) Coastal plain The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) Peer reviewed The term peer reviewed means reviewed— (A) by individuals chosen by the National Academy of Sciences with no contractual relationship with, or those who have no application for a grant or other funding pending with, the Federal agency with leasing jurisdiction; or (B) if individuals described in subparagraph (A) are not available, by the top individuals in the specified biological fields, as determined by the National Academy of Sciences. (3) Secretary The term Secretary , except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee. 2003. Leasing program for lands within the Coastal Plain (a) In general The Secretary shall take such actions as are necessary— (1) to establish and implement, in accordance with this title and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal of existing restriction (1) Repeal Section 1003 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3143 ) is repealed. (2) Conforming amendment The table of contents in section 1 of such Act is amended by striking the item relating to section 1003. (c) Compliance with requirements under certain other laws (1) Compatibility For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination. (2) Adequacy of the Department of the Interior’s legislative environmental impact statement The Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142 ) and section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities under this title, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this title before the conduct of the first lease sale. (3) Compliance with NEPA for other actions Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this title that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this title shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title. (d) Relationship to State and local authority Nothing in this title shall be considered to expand or limit State and local regulatory authority. (e) Special areas (1) In general The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres. (2) Management Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values. (3) Exclusion from leasing or surface occupancy The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area. (4) Directional drilling Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases tracts located outside the Special Area. (f) Limitation on closed areas The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this title. (g) Regulations (1) In general The Secretary shall prescribe such regulations as may be necessary to carry out this title, including regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act. (2) Revision of regulations The Secretary shall, through a rulemaking conducted in accordance with section 553 of title 5, United States Code, periodically review and, if appropriate, revise the regulations issued under subsection (a) to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures. 2004. Lease sales (a) In general Lands may be leased under this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (b) Procedures The Secretary shall, by regulation and no later than 180 days after the date of enactment of this title, establish procedures for— (1) receipt and consideration of sealed nominations for any area of the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale; (2) the holding of lease sales after such nomination process; and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease sale bids Lease sales under this title may be conducted through an Internet leasing program, if the Secretary determines that such a system will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system. (d) Sale acreages and schedule (1) The Secretary shall offer for lease under this title those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1). (2) The Secretary shall offer for lease under this title no less than 50,000 acres for lease within 22 months after the date of the enactment of this title. (3) The Secretary shall offer for lease under this title no less than an additional 50,000 acres at 6-, 12-, and 18-month intervals following offering under paragraph (2). (4) The Secretary shall conduct four additional sales under the same terms and schedule no later than two years after the date of the last sale under paragraph (3), if sufficient interest in leasing exists to warrant, in the Secretary’s judgment, the conduct of such sales. (5) The Secretary shall evaluate the bids in each sale and issue leases resulting from such sales, within 90 days after the date of the completion of such sale. 2005. Grant of leases by the Secretary (a) In general The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section 2004 any lands to be leased on the Coastal Plain upon payment by the such bidder of such bonus as may be accepted by the Secretary. (b) Subsequent transfers No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General. 2006. Lease terms and conditions An oil or gas lease issued under this title shall— (1) provide for the payment of a royalty of not less than 12 ½ percent in amount or value of the production removed or sold under the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures; (3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary; (5) provide that the standard of reclamation for lands required to be reclaimed under this title shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as certified by the Secretary; (6) contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 2003(a)(2); (7) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right-of-Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native corporations from throughout the State; (8) prohibit the export of oil produced under the lease; and (9) contain such other provisions as the Secretary determines necessary to ensure compliance with this title and the regulations issued under this title. 2007. Policies regarding buying, building, and working for America (a) Congressional intent It is the intent of the Congress that— (1) this title will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; and (2) Congress will monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this title through good jobs and careers, as well as the establishment 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 the United States in all construction related to mineral development on the Coastal Plain. 2008. Coastal Plain environmental protection (a) No significant adverse effect standard To govern authorized Coastal Plain activities The Secretary shall, consistent with the requirements of section 2003, administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that— (1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment; (2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and (3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 10,000 acres on the Coastal Plain for each 100,000 acres of area leased. (b) Site-Specific assessment and mitigation The Secretary shall also require, with respect to any proposed drilling and related activities, that— (1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan. (c) Regulations To protect Coastal Plain fish and wildlife resources, subsistence users, and the environment Before implementing the leasing program authorized by this title, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title. (d) Compliance with Federal and State environmental laws and other requirements The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following: (1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain. (2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures. (3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain. (4) Design safety and construction standards for all pipelines and any access and service roads, that— (A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and (B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices. (5) Prohibitions on general public access and use on all pipeline access and service roads. (6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this title, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose. (7) Appropriate prohibitions or restrictions on access by all modes of transportation. (8) Appropriate prohibitions or restrictions on sand and gravel extraction. (9) Consolidation of facility siting. (10) Appropriate prohibitions or restrictions on use of explosives. (11) Avoidance, to the extent practicable, of springs, streams, and river systems; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling. (12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife. (13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law. (14) Fuel storage and oil spill contingency planning. (15) Research, monitoring, and reporting requirements. (16) Field crew environmental briefings. (17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users. (18) Compliance with applicable air and water quality standards. (19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited. (20) Reasonable stipulations for protection of cultural and archeological resources. (21) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary. (e) Considerations In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following: (1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement. (2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations. (3) The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States. (f) Facility consolidation planning (1) In general The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. (2) Objectives The plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment. (D) Utilizing existing facilities wherever practicable. (E) Enhancing compatibility between wildlife values and development activities. (g) Access to public lands The Secretary shall— (1) manage public lands in the Coastal Plain subject to section 811 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3121 ); and (2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses. 2009. Expedited judicial review (a) Filing of complaint (1) Deadline Subject to paragraph (2), any complaint seeking judicial review— (A) of any provision of this title shall be filed by not later than 1 year after the date of enactment of this Act; or (B) of any action of the Secretary under this title shall be filed— (i) except as provided in clause (ii), within the 90-day period beginning on the date of the action being challenged; or (ii) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint. (2) Venue Any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title may be filed only in the United States Court of Appeals for the District of Columbia. (3) Limitation on scope of certain review Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with this title and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary. (b) Limitation on other review Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. (c) Limitation on attorneys’ fees and court costs No person seeking judicial review of any action under this title shall receive payment from the Federal Government for their attorneys’ fees and other court costs, including under any provision of law enacted by the Equal Access to Justice Act ( 5 U.S.C. 504 note). 2010. Treatment of revenues Notwithstanding any other provision of law, 50 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title shall be deposited in the Treasury. 2011. Rights-of-way across the Coastal Plain (a) In general The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas produced under leases under this title— (1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), without regard to title XI of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3161 et seq. ); and (2) under title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171). (b) Terms and conditions The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines. (c) Regulations The Secretary shall include in regulations under section 2003(g) provisions granting rights-of-way and easements described in subsection (a) of this section. 2012. Conveyance In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3192(h)(2) ), shall convey— (1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation dated January 22, 1993; and (2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America. XII State control on all available Federal land 3001. State control on all available Federal land (a) Definitions In this section: (1) Available federal land The term available Federal land means any Federal land that, as of May 31, 2013— (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a Congressionally designated wilderness area. (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means— (A) a State; and (B) the District of Columbia. (b) State programs (1) In general A State— (A) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise its rights on available Federal land in the State; and (B) as a condition of certification under subsection (c)(2) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under subparagraph (A) has been established or amended. (2) Amendment of programs A State may amend a program developed and certified under this section at any time. (3) Certification of amended programs Any program amended under paragraph (2) shall be certified under subsection (c)(2). (c) Leasing, permitting, and regulatory programs (1) Satisfaction of federal requirements Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ). (2) Federal certification and transfer of development rights Upon submission of a declaration by a State under subsection (b)(1)(B)— (A) the program under subsection (b)(1)(A) shall be certified; and (B) the State shall receive all rights from the Federal Government to develop all resources covered by the program. (3) Issuance of permits and leases If a State elects to issue a permit or lease for the development of any resource on any available Federal land within the borders of the State in accordance with a program certified under paragraph (2), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations). (d) Judicial review Activities carried out in accordance with this title shall not be subject to judicial review. (e) Administrative procedure act Activities carried out in accordance with this title shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). XIII Federal Lands Jobs and Energy Security A Federal Lands Jobs and Energy Security 4001. Short title This subtitle may be cited as the Federal Lands Jobs and Energy Security Act . 4002. Policies regarding buying, building, and working for America (a) Congressional intent It is the intent of the Congress that— (1) this title will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; (2) to ensure a robust onshore energy production industry and ensure that the benefits of development 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 development of American manufacturing to enable United States workers to benefit from this subtitle through good jobs and careers, as well as the establishment 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 the United States in all construction related to mineral resource development under this subtitle. 1 Onshore oil and gas permit streamlining 4101. Short title This chapter may be cited as the Streamlining Permitting of American Energy Act of 2014 . A Application for Permits To Drill Process Reform 4111. 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 reform and process (A) Timeline The Secretary shall decide whether to issue a permit to drill within 30 days after receiving an application for the permit. The Secretary may extend such period for up to 2 periods of 15 days each, if the Secretary 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 date a final decision on the application is expected. (B) Notice of reasons for denial If the application is denied, the Secretary shall provide the applicant— (i) in writing, clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and (ii) an opportunity to remedy any deficiencies. (C) Application deemed approved If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application is deemed approved, 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 Secretary decides not to issue a permit to drill in accordance with subparagraph (A), the Secretary shall— (i) provide to the applicant a description 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 application 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 application. (ii) Treatment of permit processing fee Of all fees collected under this paragraph, 50 percent shall be transferred to the field office where they are collected and used to process protests, leases, and permits under this Act subject to appropriation. . 4112. Solar and wind right-of-way rental reform (a) In general Subject to subsection (b), and notwithstanding any other provision of law, of fees collected each fiscal year as annual wind energy and solar energy right-of-way authorization fees required under section 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 Department 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 Management solar and wind permit approval activities; and (3) no less than 25 percent shall be available, subject to appropriation, to the Secretary of the Interior for department-wide solar and wind permitting activities. (b) Limitation The amount used under subsection (a) each fiscal year shall not exceed $5,000,000. B Administrative Protest Documentation Reform 4121. 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 following: (4) Protest fee (A) In general The Secretary shall collect a $5,000 documentation fee to accompany 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 collected and used to process protests subject to appropriation. . C Permit Streamlining 4131. Improve Federal energy permit coordination (a) Establishment The Secretary of the Interior (referred to in this section as the Secretary ) shall establish 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 Environmental Protection Agency; and (C) the Chief of the Army Corps of Engineers. (2) State participation The Secretary may request that the Governor of any State with energy 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 understanding under subsection (b), all Federal signatory 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 employed, including, as applicable, particular expertise in— (A) the consultations and the preparation of biological opinions under section 7 of the Endangered 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 authorities of the employee’s home agency; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal 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 implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal 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 4111, 4112, and 4121. (f) Savings provision Nothing in this section affects— (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 participating in the Project. (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. 4132. Administration of current law Notwithstanding any other law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 ). D Judicial Review 4141. Definitions In this subchapter— (1) the term covered civil action means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal lands of the United States; and (2) the term covered energy project means the leasing of Federal lands of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy, and any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease. 4142. Exclusive venue for certain civil actions relating to covered energy projects Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. 4143. 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. 4144. Expedition in hearing and determining the action The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. 4145. Standard of review In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged 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 administrative record. 4146. Limitation on injunction and prospective 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. 4147. 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 action receive payment from the Federal Government for their attorneys’ fees, expenses, and other court costs. 4148. 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. E Knowing America’s Oil and Gas Resources 4151. Funding oil and gas resource assessments (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 assessment under this section shall be conducted by a State, in consultation with the United States Geological Survey. (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 2014 through 2017. 2 Oil and gas leasing certainty 4161. Short title This chapter may be cited as the Providing Leasing Certainty for American Energy Act of 2014 . 4162. Minimum acreage requirement for onshore 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 offered for lease pursuant to this paragraph shall not be subject to protest and shall be eligible for categorical 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 available for leasing at the time the lease sale occurs. 4163. 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 covered 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 designated as open under the current land use plan the Secretary shall make available nominated areas for lease under the criteria in section 2. (D) Notwithstanding any other law, the Secretary shall issue all leases sold no later than 60 days after the last payment is made. (E) The Secretary shall not cancel or withdraw any lease parcel after a competitive lease sale has occurred and a winning bidder has submitted the last payment for the parcel. (F) Not later than 60 days after a lease sale held under this Act, the Secretary shall adjudicate any lease protests filed following a lease sale. If after 60 days any protest is left unsettled, said protest is automatically denied and appeal rights of the protestor begin. (G) No additional lease stipulations may be added after the parcel is sold without consultation and agreement of the lessee, unless the Secretary deems such stipulations as emergency actions to conserve the resources of the United States. . 4164. 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. 4165. Reduce redundant policies Bureau of Land Management Instruction Memorandum 2010–117 shall have no force or effect. 4166. Streamlined congressional notification 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 reinstatement and inserting in an annual report . 3 Oil shale 4171. Short title This chapter may be cited as the Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security Act or the PIONEERS Act . 4172. 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 regarding 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 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 those regulations, including the oil shale leasing program authorized by the regulations, 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 Resource 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 decision, without any other administrative action necessary. 4173. 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 of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, 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 January 1, 2016, the Secretary of the Interior shall hold no less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale development, 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. 4 Miscellaneous provisions 4181. Rule of construction Nothing in this subtitle shall be construed to authorize 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, Accountability 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 seq.), section 1245 of the National Defense Authorization 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 Sovereignty Restoration Act of 2003 ( 22 U.S.C. 2151 note). B Planning for American Energy 4201. Short title This subtitle may be cited as the Planning for American Energy Act of 2014 . 4202. 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: 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 consultation with the Secretary of Agriculture with regard to lands administered by the Forest Service, shall develop and publish every 4 years a Quadrennial Federal Onshore Energy Production Strategy. This Strategy shall direct Federal land energy development 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 onshore lands can put the United States on a trajectory to meet that demand during the next 4-year period. The Secretary shall consider how Federal lands will contribute to ensuring national energy security, with a goal for increasing energy independence and production, during the next 4-year period. (3) The Secretary shall determine a domestic strategic production objective for the development of energy resources from Federal onshore lands. Such objective shall be— (A) the best estimate, based upon commercial and scientific data, of the expected increase 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 commercial and scientific data, of the expected increase in domestic coal production from Federal lands; (C) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of strategic and critical energy minerals from the Federal onshore mineral estate; (D) the best estimate, based upon commercial and scientific data, of the expected increase in megawatts for electricity production from each of the following sources: wind, solar, biomass, hydropower, and geothermal energy produced on Federal lands administered by the Bureau of Land Management and the Forest Service; (E) the best estimate, based upon commercial and scientific data, of the expected increase in unconventional energy production, such as oil shale; (F) the best estimate, based upon commercial and scientific data, of the expected increase 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 energy production on its lands; (G) the best estimate, based upon commercial and scientific data, of the expected increase in production of helium on Federal lands administered by the Bureau of Land Management and the Forest Service; and (H) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of geothermal, solar, wind, or other renewable energy sources from available lands (as such term is defined in section 203 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), and including any other lands deemed by the Territory 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 administration of such lands selects to be used for such energy production. (4) The Secretary shall consult with the Administrator of the Energy Information Administration 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 Congress 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 cooperation with any federally recognized Indian tribe that elects to participate in achieving its own strategic energy objectives designated under this subsection. (c) Execution of the Strategy The relevant Secretary shall have all necessary authority to make determinations regarding which additional lands will be made available in order to meet the production objectives established 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 production and to further decrease dependence upon foreign sources of energy. In administering this section, the relevant 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 annually to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of meeting the production goals set forth in the strategy. The Secretary shall identify in the report projections for production and capacity installations and any problems with leasing, 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 production 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 complete 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 Congress, together with any comments received from States, federally recognized Indian tribes, and local governments. Such submission shall indicate why any specific recommendation 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 strategic 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 manufacturing, including but not limited to, materials used in energy 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). C National Petroleum Reserve in Alaska access 4301. Short title This subtitle may be cited as the National Petroleum Reserve Alaska Access Act . 4302. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska It is the sense of Congress that— (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, production, and transportation of oil and natural gas from and through the Reserve. 4303. National Petroleum Reserve in Alaska: lease sales Section 107(a) of the Naval Petroleum Reserves Production 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 2015 through 2025. . 4304. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction (a) In general Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary 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 accordance with the following timeline: (1) Permits for such construction for transportation 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 approved within 60 days after the date of enactment of this Act. (2) Permits for such construction for transportation 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 enactment 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. 4305. Issuance of a new integrated activity plan and environmental impact statement (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 National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and (2) an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) for issuance of oil and gas leases in the National Petroleum Reserve-Alaska to promote efficient and maximum development of oil and natural gas resources of such reserve. (b) Nullification of existing record of decision, IAP, and EIS Except as provided in subsection (a), the National Petroleum Reserve-Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect. 4306. Departmental accountability for development The Secretary of the Interior shall issue regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska. 4307. Deadlines under new proposed integrated activity plan At a minimum, the new proposed integrated activity plan issued under section 4305(a)(1) shall— (1) require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of such application; 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) provides that the period for issuing each permit after submission of such an application shall not exceed 60 days without the concurrence of the applicant. 4308. Updated resource assessment (a) In general The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas. (b) Cooperation and consultation The resource assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation 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, cooperatively use resources and funds provided by the State of Alaska. D BLM Live Internet Auctions 4401. Short title This subtitle may be cited as the BLM Live Internet Auctions Act . 4402. Internet-based onshore oil and gas lease sales (a) Authorization Section 17(b)(1) of the Mineral 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 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 Congress the findings of the analysis. The report shall include— (1) estimates on increases or decreases in such lease sales, compared to sales conducted by oral bidding, 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 expected effectiveness of different structures for lease sales which may provide an opportunity to better maximize bidder participation, ensure the highest return to the Federal taxpayers, minimize opportunities for fraud or collusion, and ensure the security and integrity of the leasing process. E Native American Energy 4501. Short title This subtitle may be cited as the Native American Energy Act . 4502. Appraisals (a) Amendment Title XXVI of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 et seq. ) is amended by adding at the end the following: 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 Secretary, 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 Action Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) of subsection (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 Disapprove If, after 60 days, the Secretary has failed to approve or disapprove any appraisal received, the appraisal shall be deemed approved. (d) Option to Indian Tribes To Waive Appraisal (1) An Indian tribe wishing to waive the requirements 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 necessity of a waiver pursuant to this section must provide to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent, duly approved by the governing body of the Indian tribe. (3) The unambiguous indication of intent provided by the Indian tribe to the Secretary under paragraph (2) must include an express waiver by the 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 section, the term appraisal includes appraisals and other estimates of value. (f) Regulations The Secretary shall develop regulations for implementing this section, including standards the Secretary shall use for approving or disapproving an appraisal. . (b) Conforming amendment The table of contents of the Energy Policy Act of 1992 ( 42 U.S.C. 13201 note) is amended by adding at the end of the items relating to title XXVI the following: Sec. 2607. Appraisal reforms. . 4503. 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 Department of the Interior that is involved in the review, approval, 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. 4504. Environmental reviews of major Federal 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 Indian lands (1) In general For any major Federal action 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 regulations to implement this section, including descriptions of affected areas for specific major Federal actions, 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 Energy Policy Act of 1992 ( 25 U.S.C. 3501 ). (4) Clarification of authority Nothing in the Native American Energy Act, except section 5006 of that Act, shall give the Secretary any additional authority over energy projects on Alaska Native Claims Settlement Act lands. . 4505. Judicial review (a) Time for filing complaint Any energy related 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 District Court for the District of Columbia; and (2) shall be resolved as expeditiously as possible, 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 United States Court of Appeals for the District of Columbia Circuit. The District of Columbia Circuit Court of Appeals shall resolve such appeal as expeditiously as possible, and in any event not more than 180 days after such interlocutory order or final judgment, decree or order of the district court was issued. (d) Limitation on certain payments Notwithstanding 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 expended 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 energy 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: (1) Agency action The term agency action has the same meaning given such term in section 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 Native Claims Settlement Act ( Public Law 92–203 ; 43 U.S.C. 1601). (3) Energy related action The term energy 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 activities on Indian Land, which activities involve the exploration, development, production 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 (ii) any Indian Tribe, or any organization of 2 or more entities, at least 1 of which is an Indian tribe, to conduct activities involving the exploration, development, production 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, regardless of where such activities are undertaken. (4) Ultimately prevail The term ultimately prevail means, in a final enforceable judgment, the court rules in the party’s favor on at least 1 cause of action that 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 pursuant to a final enforceable judgment of the court or a court-ordered consent decree. 4506. Tribal biomass demonstration project The Tribal Forest Protection Act of 2004 is amended by inserting after section 2 ( 25 U.S.C. 3115a ) the following: 3. Tribal biomass demonstration project (a) In general For each of fiscal years 2015 through 2019, 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 communities 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 subsection (a) to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (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 application— (1) containing such information as the Secretary may require; and (2) that includes a description of— (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 demonstration 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 watersheds 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 merchantable logs that have been identified by the Secretary for commercial sale. (f) Implementation The Secretary shall— (1) ensure that the criteria described in subsection (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 organizations likely to be affected in developing the application and otherwise carrying out this section. (g) Report Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, 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 respective Indian tribe. (i) Term A stewardship contract or other agreement 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. . 4507. 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 pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary 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 sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability. 4508. Leases of restricted lands for the Navajo 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— (1) by striking , except a lease for and inserting , including leases for ; (2) in subparagraph (A), by striking 25 the first place it appears and all that follows and inserting 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, including geothermal resources, 25 years, except that any such lease may include an option to renew for one additional term not to exceed 25 years. . 4509. Nonapplicability of certain rules No rule promulgated by the Department of the Interior regarding hydraulic fracturing used in the development 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. 4510. Permits for incidental take Section 1 of the Act of June 8, 1940 (chapter 278; 16 U.S.C. 668 ), popularly known as the Bald and Golden Eagle Protection Act, is amended by adding at the end the following: (d) Permits for incidental take Upon submission of a substantially completed application, the Secretary shall issue or deny an eagle take permit for no less than 30 years under section 22.26 of title 50, Code of Federal Regulations, that authorizes taking of any bald eagle or golden eagle that is incidental to, but not the purpose of, an otherwise lawful activity. Failure to issue or deny such a permit within a reasonable time (which shall not exceed one year) is deemed issuance of such permit, and the applicant shall not be subject to liability for any incidental take of a bald eagle or golden eagle that is in conformity with the information submitted to the Secretary as part of the application for the permit. . 4511. Migratory Bird Treaty Act Section 6(a) of the Migratory Bird Treaty Act ( 16 U.S.C. 707(a) ) is amended— (1) by striking shall the first and second place it appears and inserting shall with intent knowingly ; and (2) by adding at the end the following: For the purposes of this subsection, with intent knowingly does not include any taking, killing, or other harm to any migratory bird that is accidental or incidental to the presence or operation of an otherwise lawful activity. . XIV Hydraulic Fracturing A State Authority for Hydraulic Fracturing Regulation 5101. Short title This title may be cited as the Protecting States’ Rights to Promote American Energy Security Act . 5102. 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: 44. State authority for hydraulic fracturing regulation (a) In general The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding hydraulic fracturing, or any component of that process, relating to oil, gas, or geothermal production activities on or under any land in any State that has regulations, guidance, or permit requirements 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 hydraulic fracturing, or any component of that process, relating 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 regulations that apply to hydraulic fracturing operations on Federal land. (2) Availability The Secretary of the Interior shall make available to the public State regulations submitted under this subsection. (d) Transparency of State disclosure requirements (1) In general Each State shall submit to the Bureau of Land Management a copy of any regulations of the State that require disclosure of chemicals used in hydraulic fracturing operations on Federal land. (2) Availability The Secretary of the Interior shall make available to the public State regulations 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. . 5103. Government Accountability Office study (a) Study The Comptroller General of the United States shall conduct a study examining the economic benefits of domestic shale oil and gas production resulting from the process of hydraulic fracturing. This study shall include identification of— (1) State and Federal revenue generated as a result of shale gas production; (2) jobs created both directly and indirectly as a result of shale oil and gas production; and (3) an estimate of potential energy prices without 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. 5104. Tribal authority on trust land The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding the process of hydraulic fracturing (as that term is defined in section 44 of the Mineral Leasing Act, as amended by section 5102 of this title), or any component of that process, relating to oil, gas, or geothermal production 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. B EPA Hydraulic Fracturing Research 5201. Short title This title may be cited as the EPA Hydraulic Fracturing Study Improvement Act . 5202. EPA hydraulic fracturing research In conducting its study of the potential impacts of hydraulic fracturing on drinking water resources, with respect 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 quality 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 drinking water, the Administrator shall— (A) consider such reports to be Highly Influential Scientific Assessments and require peer review of such reports in accordance with guidelines governing such assessments, as described in— (i) the Environmental Protection Agency’s Peer Review Handbook 3rd Edition; (ii) the Environmental Protection Agency’s Scientific Integrity Policy, as in effect on the date of enactment of this Act; and (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 standards and procedures for the dissemination of influential scientific, financial, or statistical information set forth in the Environmental Protection Agency’s Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency, developed in response to guidelines issued by the Office of Management and Budget under section 515(a) of the Treasury and General Government Appropriations Act for Fiscal Year 2001 ( Public Law 106–554 ). (2) Probability, uncertainty, and consequence 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 probability, uncertainty, and consequence of each identified impact, taking into account the risk management practices of States and industry. Estimates or descriptions of probability, uncertainty, and consequence 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 report shall be publicly released by September 30, 2016. C Miscellaneous provisions 5301. Review of State activities The Secretary of the Interior shall annually review and report to Congress on all State activities relating to hydraulic fracturing. XV Northern Route Approval 6001. Short title This title may be cited as the Northern Route Approval Act . 6002. Findings The Congress finds the following: (1) To maintain our Nation’s competitive edge and ensure an economy built to last, the United States must have fast, reliable, resilient, and environmentally sound means of moving energy. In a global economy, we will compete for the world’s investments based in significant part on the quality of our infrastructure. Investing in the Nation’s infrastructure provides immediate and long-term economic benefits for local communities and the Nation as a whole. (2) The delivery of oil from Canada, a close ally not only in proximity but in shared values and ideals, to domestic markets is in the national interest because of the need to lessen dependence upon insecure foreign sources. (3) The Keystone XL pipeline would provide both short-term and long-term employment opportunities and related labor income benefits, such as government revenues associated with taxes. (4) The State of Nebraska has thoroughly reviewed and approved the proposed Keystone XL pipeline reroute, concluding that the concerns of Nebraskans have had a major influence on the pipeline reroute and that the reroute will have minimal environmental impacts. (5) The Department of State and other Federal agencies have over a long period of time conducted extensive studies and analysis of the technical aspects and of the environmental, social, and economic impacts of the proposed Keystone XL pipeline, and— (A) the Department of State assessments found that the Keystone XL pipeline is not likely to impact the amount of crude oil produced from the oil sands and that approval or denial of the proposed project is unlikely to have a substantial impact on the rate of development in the oil sands ; (B) the Department of State found that incremental life-cycle greenhouse gas emissions associated with the Keystone XL project are estimated in the range of 0.07 to 0.83 million metric tons of carbon dioxide equivalents, with the upper end of this range representing twelve one-thousandths of one percent of the 6,702 million metric tons of carbon dioxide emitted in the United States in 2011; and (C) after extensive evaluation of potential impacts to land and water resources along the Keystone XL pipeline’s 875-mile proposed route, the Department of State found that The analyses of potential impacts associated with construction and normal operation of the proposed Project suggest that there would be no significant impacts to most resources along the proposed Project route (assuming Keystone complies with all laws and required conditions and measures). . (6) The transportation of oil via pipeline is the safest and most economically and environmentally effective means of doing so, and— (A) transportation of oil via pipeline has a record of unmatched safety and environmental protection, and the Department of State found that Spills associated with the proposed Project that enter the environment expected to be rare and relatively small , and that there is no evidence of increased corrosion or other pipeline threat due to viscosity of diluted bitumen oil that will be transported by the Keystone XL pipeline; and (B) plans to incorporate 57 project-specific special conditions related to the design, construction, and operations of the Keystone XL pipeline led the Department of State to find that the pipeline will have a degree of safety over any other typically constructed domestic oil pipeline . (7) The Keystone XL is in much the same position today as the Alaska Pipeline in 1973 prior to congressional action. Once again, the Federal regulatory process remains an insurmountable obstacle to a project that is likely to reduce oil imports from insecure foreign sources. 6003. Keystone XL permit approval Notwithstanding Executive Order No. 13337 ( 3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no Presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. The final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report described in the previous sentence, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16 U.S.C. 470 et seq.). 6004. Judicial review (a) Exclusive jurisdiction Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine— (1) the validity of any final order or action (including a failure to act) of any Federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the Keystone XL pipeline, including any final order or action deemed to be taken, made, granted, or issued; (2) the constitutionality of any provision of this title, or any decision or action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this title; or (3) the adequacy of any environmental impact statement prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), or of any analysis under any other Act, with respect to any action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this title. (b) Deadline for filing claim A claim arising under this title may be brought not later than 60 days after the date of the decision or action giving rise to the claim. (c) Expedited consideration The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in Canada that are needed to meet the demand for oil. 6005. American burying beetle (a) Findings The Congress finds that— (1) environmental reviews performed for the Keystone XL pipeline project satisfy the requirements of section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) ) in its entirety; and (2) for purposes of that Act, the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat. (b) Biological opinion The Secretary of the Interior is deemed to have issued a written statement setting forth the Secretary’s opinion containing such findings under section 7(b)(1)(A) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(b)(1)(A) ) and any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline as it may be ultimately defined in its entirety, shall not be considered a prohibited taking of such species under such Act. 6006. Right-of-way and temporary use permit The Secretary of the Interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section 28 of the Mineral Leasing Act (30 U.S.C. 185) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth in the application tendered to the Bureau of Land Management for the Keystone XL pipeline. 6007. Permits for activities in navigable waters (a) Issuance of permits The Secretary of the Army, not later than 90 days after receipt of an application therefor, shall issue all permits under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) and section 10 of the Act of March 3, 1899 (33 U.S.C. 403; commonly known as the Rivers and Harbors Appropriations Act of 1899), necessary for the construction, operation, and maintenance of the pipeline described in the May 4, 2012, application referred to in section 6003, as supplemented by the Nebraska reroute. The application shall be based on the administrative record for the pipeline as of the date of enactment of this Act, which shall be considered complete. (b) Waiver of procedural requirements The Secretary may waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this section. (c) Issuance in absence of action by the Secretary If the Secretary has not issued a permit described in subsection (a) on or before the last day of the 90-day period referred to in subsection (a), the permit shall be deemed issued under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) or section 10 of the Act of March 3, 1899 (33 U.S.C. 403), as appropriate, on the day following such last day. (d) Limitation The Administrator of the Environmental Protection Agency may not prohibit or restrict an activity or use of an area that is authorized under this section. 6008. Migratory Bird Treaty Act permit The Secretary of the Interior is deemed to have issued a special purpose permit under the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. ), as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013. 6009. Oil spill response plan disclosure (a) In general Any pipeline owner or operator required under Federal law to develop an oil spill response plan for the Keystone XL pipeline shall make such plan available to the Governor of each State in which such pipeline operates to assist with emergency response preparedness. (b) Updates A pipeline owner or operator required to make available to a Governor a plan under subsection (a) shall make available to such Governor any update of such plan not later than 7 days after the date on which such update is made. XVI Relief from EPA climate change regulations and Federal prohibitions on synthetic fuels 7001. Repeal of EPA climate change regulation (a) Greenhouse gas regulation under Clean Air Act Section 302(g) of the Clean Air Act ( 42 U.S.C. 7602(g) ) is amended by adding the following at the end thereof: The term air pollutant shall not include carbon dioxide, water vapor, methane, nitrous oxide, hy­dro­fluo­ro­car­bons, perfluorocarbons, or sulfur hexa­fluo­ride. . (b) No regulation of climate change Nothing in the Clean Air Act ( 42 U.S.C. 7401 et seq. ), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ), shall be treated as authorizing or requiring the regulation of climate change or global warming. 7002. Repeal of Federal ban on synthetic fuels purchasing requirement Section 526 of the Energy Independence and Security Act of 2007 ( Public Law 110–140 ; 121 Stat. 1663; 42 U.S.C. 17142 ) is repealed. 7003. Sense of Congress opposing carbon tax It is the sense of the Congress that a carbon tax— (1) would be detrimental to American families and businesses; and (2) is not in the best interest of the United States. 7004. Prohibition on use of social cost of carbon in analysis (a) In General Notwithstanding any other provision of law or any executive order, the Administrator of the Environmental Protection Agency may not use the social cost of carbon in order to incorporate social benefits of reducing carbon dioxide emissions, or for any other reason, in any cost-benefit analysis relating to an energy-related rule. (b) Definition In this section, the term social cost of carbon means the social cost of carbon 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 12866 , published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013, or any successor or substantially related document, or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. XVII Addressing the President’s War on Coal A Management and disposal of coal combustion residuals 8001. Short title This subtitle may be cited as the Coal Residuals Reuse and Management Act of 2014 . 8002. Management and disposal of coal combustion residuals (a) In general Subtitle D of the Solid Waste Disposal Act ( 42 U.S.C. 6941 et seq. ) is amended by adding at the end the following: 4011. Management and disposal of coal combustion residuals (a) State permit programs for coal combustion residuals Each State may adopt, implement, and enforce a coal combustion residuals permit program if such State provides the notification required under subsection (b)(1), and the certification required under subsection (b)(2). (b) State actions (1) Notification Not later than 6 months after the date of enactment of this section (except as provided by the deadline identified under subsection (d)(3)(B)), the Governor of each State shall notify the Administrator, in writing, whether such State will adopt and implement a coal combustion residuals permit program. (2) Certification (A) In general Not later than 36 months after the date of enactment of this section (except as provided in subsection (f)(1)(A)), in the case of a State that has notified the Administrator that it will implement a coal combustion residuals permit program, the head of the lead State implementing agency shall submit to the Administrator a certification that such coal combustion residuals permit program meets the requirements described in subsection (c). (B) Contents A certification submitted under this paragraph shall include— (i) a letter identifying the lead State implementing agency, signed by the head of such agency; (ii) identification of any other State agencies involved with the implementation of the coal combustion residuals permit program; (iii) an explanation of how the State coal combustion residuals permit program meets the requirements of this section, including a description of the State’s— (I) process to inspect or otherwise determine compliance with such permit program; (II) process to enforce the requirements of such permit program; (III) public participation process for the promulgation, amendment, or repeal of regulations for, and the issuance of permits under, such permit program; (IV) statutes, regulations, or policies pertaining to public access to information, such as groundwater monitoring data; and (V) statutes, regulations, or policies pertaining to structural integrity or dam safety that may be applied to structures through such permit program; (iv) a certification that the State has in effect, at the time of certification, statutes or regulations necessary to implement a coal combustion residuals permit program that meets the requirements described in subsection (c); (v) copies of State statutes and regulations described in clause (iv); and (vi) an emergency action plan for State response to a leak or spill at a structure that receives coal combustion residuals. (C) Updates A State may update the certification as needed to reflect changes to the coal combustion residuals permit program. (3) Maintenance of 4005(c) or 3006 program In order to adopt or implement a coal combustion residuals permit program under this section (including pursuant to subsection (f)), the State implementing agency shall maintain an approved permit program or other system of prior approval and conditions under section 4005(c) or an authorized program under section 3006. (c) Requirements for a coal combustion residuals permit program A coal combustion residuals permit program shall consist of the following: (1) General requirements (A) In general The implementing agency shall— (i) apply the subset of the revised criteria described in paragraph (2) to owners or operators of structures, including surface impoundments, that receive coal combustion residuals on or after the date of enactment of this section; (ii) with respect to structures that are receiving coal combustion residuals as of the date of enactment of this section, take the actions required under paragraph (3); (iii) impose requirements for surface impoundments that do not meet certain criteria pursuant to paragraph (4); and (iv) require that closure of structures occur in accordance with paragraph (5). (B) Structural integrity (i) Engineering certification The implementing agency shall require that an independent registered professional engineer certify that— (I) the design of each structure that receives coal combustion residuals on or after the date of enactment of this section is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein; and (II) the construction and maintenance of the structure will ensure structural stability. (ii) Emergency action plan The implementing agency shall require that the owner or operator of any structure that is a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section and that is classified by the State as posing a high hazard potential pursuant to the guidelines published by the Federal Emergency Management Agency entitled Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams (FEMA Publication Number 333) prepare and maintain an emergency action plan that identifies responsible persons and actions to be taken in the event of a dam safety emergency. (iii) Inspection (I) In general The implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be inspected not less than annually by an independent registered professional engineer to assure that the design, operation, and maintenance of the surface impoundment is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded therein, so as to ensure dam stability. (II) Potentially hazardous conditions The implementing agency shall require that if an inspection under subclause (I), or a periodic evaluation under clause (iv), reveals a potentially hazardous condition, the owner or operator of the structure shall immediately take action to mitigate the potentially hazardous condition and notify appropriate State and local first responders. (iv) Periodic evaluation The implementing agency shall require that structures that are surface impoundments that receive coal combustion residuals on or after the date of enactment of this section be periodically evaluated for appearances of structural weakness. (v) Deficiency (I) In general If the head of the implementing agency determines that a structure is deficient with respect to the requirements in clause (i), (iii), or (iv), the head of the agency has the authority to require action to correct the deficiency according to a schedule determined by the agency. (II) Uncorrected deficiencies If a deficiency is not corrected according to the schedule, the head of the implementing agency has the authority to require that the structure close in accordance with paragraph (5). (III) Dam safety consultation In the case of a structure that is a surface impoundment, the head of the implementing agency shall, in making a determination under subclause (I), consult with appropriate State dam safety officials. (C) Location The implementing agency shall require that structures that first receive coal combustion residuals on or after the date of enactment of this section shall be constructed with a base located a minimum of 2 feet above the upper limit of the water table, unless it is demonstrated to the satisfaction of the implementing agency that— (i) the hydrogeologic characteristics of a structure and surrounding land would preclude such a requirement; and (ii) the function and integrity of the liner system will not be adversely impacted by contact with the water table. (D) Wind dispersal (i) In general The implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section address wind dispersal of dust by requiring cover, or by wetting coal combustion residuals with water to a moisture content that prevents wind dispersal, facilitates compaction, and does not result in free liquids. (ii) Alternative methods Subject to the review and approval by the implementing agency, owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section may propose alternative methods to address wind dispersal of dust that will provide comparable or more effective control of dust. (E) Permits The implementing agency shall require that owners or operators of structures that receive coal combustion residuals on or after the date of enactment of this section apply for and obtain permits incorporating the requirements of the coal combustion residuals permit program. (F) Public availability of information Except for information with respect to which disclosure is prohibited under section 1905 of title 18, United States Code, the implementing agency shall ensure that— (i) documents for permit determinations are made available for public review and comment under the public participation process described in subsection (b)(2)(B)(iii)(III) or in subsection (e)(6), as applicable; (ii) final determinations on permit applications are made known to the public; and (iii) groundwater monitoring data collected under paragraph (2) is publicly available. (G) Agency authority (i) In general The implementing agency has the authority to— (I) obtain information necessary to determine whether the owner or operator of a structure is in compliance with the requirements of this subsection; (II) conduct or require monitoring and testing to ensure that structures are in compliance with the requirements of this subsection; and (III) enter, at reasonable times, any site or premise subject to the coal combustion residuals permit program for the purpose of inspecting structures and reviewing records relevant to the design, operation, and maintenance of structures. (ii) Monitoring and testing If monitoring or testing is conducted under clause (i)(II) by or for the implementing agency, the implementing agency shall, if requested, provide to the owner or operator— (I) a written description of the monitoring or testing completed; (II) at the time of sampling, a portion of each sample equal in volume or weight to the portion retained by or for the implementing agency; and (III) a copy of the results of any analysis of samples collected by or for the implementing agency. (2) Revised criteria The subset of the revised criteria referred to in paragraph (1)(A)(i) are as follows: (A) Design requirements For new structures, and lateral expansions of existing structures, that first receive coal combustion residuals on or after the date of enactment of this section, the revised criteria regarding design requirements described in section 258.40 of title 40, Code of Federal Regulations, except that the leachate collection system requirements described in section 258.40(a)(2) of title 40, Code of Federal Regulations, do not apply to structures that are surface impoundments. (B) Groundwater monitoring and corrective action For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria regarding groundwater monitoring and corrective action requirements described in subpart E of part 258 of title 40, Code of Federal Regulations, except that, for the purposes of this subparagraph, the revised criteria shall also include— (i) for the purposes of detection monitoring, the constituents boron, chloride, conductivity, fluoride, mercury, pH, sulfate, sulfide, and total dissolved solids; and (ii) for the purposes of assessment monitoring, establishing a groundwater protection standard, and assessment of corrective measures, the constituents aluminum, boron, chloride, fluoride, iron, manganese, molybdenum, pH, sulfate, and total dissolved solids. (C) Closure For all structures that receive coal combustion residuals on or after the date of enactment of this section, in a manner consistent with paragraph (5), the revised criteria for closure described in subsections (a) through (c) and (h) through (j) of section 258.60 of title 40, Code of Federal Regulations. (D) Post-closure For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for post-closure care described in section 258.61 of title 40, Code of Federal Regulations, except for the requirement described in subsection (a)(4) of that section. (E) Location restrictions The revised criteria for location restrictions described in— (i) for new structures, and lateral expansions of existing structures, that first receive coal combustion residuals on or after the date of enactment of this section, sections 258.11 through 258.15 of title 40, Code of Federal Regulations; and (ii) for existing structures that receive coal combustion residuals on or after the date of enactment of this section, sections 258.11 and 258.15 of title 40, Code of Federal Regulations. (F) Air quality For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for air quality described in section 258.24 of title 40, Code of Federal Regulations. (G) Financial assurance For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for financial assurance described in subpart G of part 258 of title 40, Code of Federal Regulations. (H) Surface water For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for surface water described in section 258.27 of title 40, Code of Federal Regulations. (I) Recordkeeping For all structures that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for recordkeeping described in section 258.29 of title 40, Code of Federal Regulations. (J) Run-on and run-off control systems for land-based units For all landfills and other land-based units, other than surface impoundments, that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for run-on and run-off control systems described in section 258.26 of title 40, Code of Federal Regulations. (K) Run-off control systems for surface impoundments For all surface impoundments that receive coal combustion residuals on or after the date of enactment of this section, the revised criteria for run-off control systems described in section 258.26(a)(2) of title 40, Code of Federal Regulations. (3) Permit program implementation for existing structures (A) Notification Not later than the date on which a State submits a certification under subsection (b)(2), not later than 30 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 36 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall notify owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section within the State of— (i) the obligation to apply for and obtain a permit under subparagraph (C); and (ii) the requirements referred to in subparagraph (B). (B) Compliance with certain requirements Not later than 12 months after the date on which a State submits a certification under subsection (b)(2), not later than 42 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 48 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall require owners or operators of structures that are receiving coal combustion residuals as of the date of enactment of this section to comply with— (i) the requirements under paragraphs (1)(B)(ii) and (iii), (1)(D), (2)(B), (2)(F), (2)(H), (2)(J), and (2)(K); and (ii) the groundwater recordkeeping requirement described in section 258.29(a)(5) of title 40, Code of Federal Regulations. (C) Permits (i) Permit deadline Not later than 48 months after the date on which a State submits a certification under subsection (b)(2), not later than 78 months after the Administrator receives notice under subsection (e)(1)(A), or not later than 84 months after the date of enactment of this section with respect to a coal combustion residuals permit program that is being implemented by the Administrator under subsection (e)(3), as applicable, the implementing agency shall issue, with respect to a structure that is receiving coal combustion residuals as of the date of enactment of this section, a final permit incorporating the requirements of the coal combustion residuals permit program, or a final denial for an application submitted requesting such a permit. (ii) Application deadline The implementing agency shall identify, in collaboration with the owner or operator of a structure described in clause (i), a reasonable deadline by which the owner or operator shall submit a permit application under such clause. (D) Interim operation (i) Prior to deadlines With respect to any period of time on or after the date of enactment of this section but prior to the applicable deadline in subparagraph (B), the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section may continue to operate such structure until such applicable deadline under the applicable authority in effect. (ii) Prior to permit Unless the implementing agency determines that the structure should close pursuant to paragraph (5), if the owner or operator of a structure that is receiving coal combustion residuals as of the date of enactment of this section meets the requirements referred to in subparagraph (B) by the applicable deadline in such subparagraph, the owner or operator may operate the structure until such time as the implementing agency issues, under subparagraph (C), a final permit incorporating the requirements of the coal combustion residuals permit program, or a final denial for an application submitted requesting such a permit. (4) Requirements for surface impoundments that do not meet certain criteria (A) Surface impoundments that require assessment of corrective measures within 10 years of the date of enactment (i) In general In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) of this subparagraph and clauses (i) and (ii) of subparagraph (D) if the surface impoundment— (I) does not— (aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and (bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and (II) within 10 years after the date of enactment of this section, is required under section 258.56(a) of title 40, Code of Federal Regulations, to undergo an assessment of corrective measures for any constituent covered under subpart E of part 258 of title 40, Code of Federal Regulations, or otherwise identified in paragraph (2)(B)(ii) of this subsection, for which assessment groundwater monitoring is required. (ii) Deadline to meet groundwater protection standard Except as provided in subparagraph (C), the implementing agency shall require that the groundwater protection standard, for surface impoundments identified in clause (i) of this subparagraph, established by the implementing agency under section 258.55(h) or 258.55(i) of title 40, Code of Federal Regulations, for any constituent for which corrective measures are required shall be met— (I) as soon as practicable at the relevant point of compliance, as described in section 258.40(d) of title 40, Code of Federal Regulations; and (II) not later than 10 years after the date of enactment of this section. (B) Surface impoundments subject to a state corrective action requirement as of the date of enactment (i) In general In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) of this subparagraph and clauses (i) and (ii) of subparagraph (D) if the surface impoundment— (I) does not— (aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and (bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and (II) as of the date of enactment of this section, is subject to a State corrective action requirement. (ii) Deadline to meet groundwater protection standard Except as provided in subparagraph (C), the implementing agency shall require that the groundwater protection standard, for surface impoundments identified in clause (i) of this subparagraph, established by the implementing agency under section 258.55(h) or 258.55(i) of title 40, Code of Federal Regulations, for any constituent for which corrective measures are required shall be met— (I) as soon as practicable at the relevant point of compliance, as described in section 258.40(d) of title 40, Code of Federal Regulations; and (II) not later than 8 years after the date of enactment of this section. (C) Extension of deadline (i) In general Except as provided in clause (ii) of this subparagraph, the deadline for meeting a groundwater protection standard under subparagraph (A)(ii) or (B)(ii) may be extended by the implementing agency, after opportunity for public notice and comment under the public participation process described in subsection (b)(2)(B)(iii)(III), or in subsection (e)(6) based on— (I) the effectiveness of any interim measures implemented by the owner or operator of the facility under section 258.58(a)(3) of title 40, Code of Federal Regulations; (II) the level of progress demonstrated in meeting the groundwater protection standard; (III) the potential for other adverse human health or environmental exposures attributable to the contamination from the surface impoundment undergoing corrective action; and (IV) the lack of available alternative management capacity for the coal combustion residuals and related materials managed in the impoundment at the facility at which the impoundment is located if the owner or operator has used best efforts, as necessary, to design, obtain any necessary permits, finance, construct, and render operational the alternative management capacity during the time period for meeting a groundwater protection standard in subparagraph (A)(ii) or (B)(ii). (ii) Exception The deadline under subparagraph (A)(ii) or (B)(ii) shall not be extended if there has been contamination of public or private drinking water systems attributable to a surface impoundment undergoing corrective action, unless the contamination has been addressed by providing a permanent replacement water system. (D) Additional requirements (i) Closure If the deadline under subparagraph (A)(ii), (B)(ii), or (C) is not satisfied, the surface impoundment shall cease receiving coal combustion residuals and initiate closure under paragraph (5). (ii) Interim measures (I) In general Except as provided in subclause (II), not later than 90 days after the date on which the assessment of corrective measures is initiated, the owner or operator of a surface impoundment described in subparagraph (A) or (B) shall implement interim measures, as necessary, under the factors in section 258.58(a)(3) of title 40, Code of Federal Regulations. (II) Impoundments subject to state corrective action requirement as of the date of enactment Subclause (I) shall only apply to surface impoundments subject to a State corrective action requirement as of the date of enactment of this section if the owner or operator has not implemented interim measures, as necessary, under the factors in section 258.58(a)(3) of title 40, Code of Federal Regulations. (E) Surface impoundments that require assessment of corrective measures more than 10 years after date of enactment (i) In general In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(B), the implementing agency shall require a surface impoundment that receives coal combustion residuals on or after the date of enactment of this section to comply with the requirements in clause (ii) if the surface impoundment— (I) does not— (aa) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; and (bb) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; and (II) more than 10 years after the date of enactment of this section, is required under section 258.56(a) title 40, Code of Federal Regulations, to undergo an assessment of corrective measures for any constituent covered under subpart E of part 258 of title 40, Code of Federal Regulations, or otherwise identified in paragraph (2)(B)(ii) of this subsection, for which assessment groundwater monitoring is required. (ii) Requirements (I) Closure The surface impoundments identified in clause (i) shall cease receiving coal combustion residuals and initiate closure in accordance with paragraph (5) after alternative management capacity at the facility is available for the coal combustion residuals and related materials managed in the impoundment. (II) Best efforts The alternative management capacity shall be developed as soon as practicable with the owner or operator using best efforts to design, obtain necessary permits for, finance, construct, and render operational the alternative management capacity. (III) Alternative capacity management plan The owner or operator shall, in collaboration with the implementing agency, prepare a written plan that describes the steps necessary to develop the alternative management capacity and includes a schedule for completion. (IV) Public participation The plan described in subclause (III) shall be subject to public notice and comment under the public participation process described in subsection (b)(2)(B)(iii)(III) or in subsection (e)(6), as applicable. (5) Closure (A) In general If it is determined by the implementing agency that a structure should close because the requirements of a coal combustion residuals permit program are not being satisfied with respect to such structure, or if it is determined by the owner or operator that a structure should close, the time period and method for the closure of such structure shall be set forth in a closure plan that establishes a deadline for completion of closure as soon as practicable and that takes into account the nature and the site-specific characteristics of the structure to be closed. (B) Surface impoundment In the case of a surface impoundment, the closure plan under subparagraph (A) shall require, at a minimum, the removal of liquid and the stabilization of remaining waste, as necessary to support the final cover. (d) Federal review of State permit programs (1) In general The Administrator shall provide to a State written notice and an opportunity to remedy deficiencies in accordance with paragraph (3) if at any time the State— (A) does not satisfy the notification requirement under subsection (b)(1); (B) has not submitted a certification required under subsection (b)(2); (C) does not satisfy the maintenance requirement under subsection (b)(3); (D) is not implementing a coal combustion residuals permit program, with respect to which the State has submitted a certification under subsection (b)(2), that meets the requirements described in subsection (c); (E) is not implementing a coal combustion residuals permit program, with respect to which the State has submitted a certification under subsection (b)(2)— (i) that is consistent with such certification; and (ii) for which the State continues to have in effect statutes or regulations necessary to implement such program; or (F) does not make available to the Administrator, within 90 days of a written request, specific information necessary for the Administrator to ascertain whether the State has satisfied the requirements described in subparagraphs (A) through (E). (2) Request If a request described in paragraph (1)(F) is proposed pursuant to a petition to the Administrator, the Administrator shall only make the request if the Administrator does not possess the information necessary to ascertain whether the State has satisfied the requirements described in subparagraphs (A) through (E) of such paragraph. (3) Contents of notice; deadline for response A notice provided under paragraph (1) shall— (A) include findings of the Administrator detailing any applicable deficiencies described in subparagraphs (A) through (F) of paragraph (1); and (B) identify, in collaboration with the State, a reasonable deadline by which the State shall remedy such applicable deficiencies, which shall be— (i) in the case of a deficiency described in subparagraphs (A) through (E) of paragraph (1), not earlier than 180 days after the date on which the State receives the notice; and (ii) in the case of a deficiency described in paragraph (1)(F), not later than 90 days after the date on which the State receives the notice. (4) Criteria for determining deficiency of State permit program In making a determination whether a State has failed to satisfy the requirements described in subparagraphs (A) through (E) of paragraph (1), or a determination under subsection (e)(1)(B), the Administrator shall consider, as appropriate— (A) whether the State’s statutes or regulations to implement a coal combustion residuals permit program are not sufficient to meet the requirements described in subsection (c) because of— (i) failure of the State to promulgate or enact new statutes or regulations when necessary; or (ii) action by a State legislature or court striking down or limiting such State statutes or regulations; (B) whether the operation of the State coal combustion residuals permit program fails to comply with the requirements of subsection (c) because of— (i) failure of the State to issue permits as required in subsection (c)(1)(E); (ii) repeated issuance of permits by the State which do not meet the requirements of subsection (c); (iii) failure of the State to comply with the public participation requirements of this section; or (iv) failure of the State to implement corrective action requirements as described in subsection (c)(2)(B); and (C) whether the enforcement of a State coal combustion residuals permit program fails to comply with the requirements of this section because of— (i) failure to act on violations of permits, as identified by the State; or (ii) repeated failure by the State to inspect or otherwise determine compliance pursuant to the process identified in subsection (b)(2)(B)(iii)(I). (e) Implementation by Administrator (1) Federal backstop authority The Administrator shall implement a coal combustion residuals permit program for a State only if— (A) the Governor of the State notifies the Administrator under subsection (b)(1) that the State will not adopt and implement a permit program; (B) the State has received a notice under subsection (d) and the Administrator determines, after providing a 30-day period for notice and public comment, that the State has failed, by the deadline identified in the notice under subsection (d)(3)(B), to remedy the deficiencies detailed in the notice under subsection (d)(3)(A); or (C) the State informs the Administrator, in writing, that such State will no longer implement such a permit program. (2) Review A State may obtain a review of a determination by the Administrator under this subsection as if the determination was a final regulation for purposes of section 7006. (3) Other structures For structures that receive coal combustion residuals on or after the date of enactment of this section located on property within the exterior boundaries of a State that the State does not have authority or jurisdiction to regulate, the Administrator shall implement a coal combustion residuals permit program only for those structures. (4) Requirements If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1) or (3), the permit program shall consist of the requirements described in subsection (c). (5) Enforcement (A) In general If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1)— (i) the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures for which the Administrator is implementing the coal combustion residuals permit program; and (ii) the Administrator may use those authorities to inspect, gather information, and enforce the requirements of this section in the State. (B) Other structures If the Administrator implements a coal combustion residuals permit program under paragraph (3)— (i) the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures for which the Administrator is implementing the coal combustion residuals permit program; and (ii) the Administrator may use those authorities to inspect, gather information, and enforce the requirements of this section for the structures for which the Administrator is implementing the coal combustion residuals permit program. (6) Public participation process If the Administrator implements a coal combustion residuals permit program for a State under this subsection, the Administrator shall provide a 30-day period for the public participation process required in paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of subsection (c). (f) State control after implementation by Administrator (1) State control (A) New adoption, or resumption of, and implementation by State For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(A), or subsection (e)(1)(C), the State may adopt and implement such a permit program by— (i) notifying the Administrator that the State will adopt and implement such a permit program; (ii) not later than 6 months after the date of such notification, submitting to the Administrator a certification under subsection (b)(2); and (iii) receiving from the Administrator— (I) a determination, after providing a 30-day period for notice and public comment, that the State coal combustion residuals permit program meets the requirements described in subsection (c); and (II) a timeline for transition of control of the coal combustion residuals permit program. (B) Remedying deficient permit program For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(B), the State may adopt and implement such a permit program by— (i) remedying only the deficiencies detailed in the notice pursuant to subsection (d)(3)(A); and (ii) receiving from the Administrator— (I) a determination, after providing a 30-day period for notice and public comment, that the deficiencies detailed in such notice have been remedied; and (II) a timeline for transition of control of the coal combustion residuals permit program. (2) Review of determination (A) Determination required The Administrator shall make a determination under paragraph (1) not later than 90 days after the date on which the State submits a certification under paragraph (1)(A)(ii), or notifies the Administrator that the deficiencies have been remedied pursuant to paragraph (1)(B)(i), as applicable. (B) Review A State may obtain a review of a determination by the Administrator under paragraph (1) as if such determination was a final regulation for purposes of section 7006. (3) Implementation during transition (A) Effect on actions and orders Program requirements of, and actions taken or orders issued pursuant to, a coal combustion residuals permit program shall remain in effect if— (i) a State takes control of its coal combustion residuals permit program from the Administrator under paragraph (1); or (ii) the Administrator takes control of a coal combustion residuals permit program from a State under subsection (e). (B) Change in requirements Subparagraph (A) shall apply to such program requirements, actions, and orders until such time as— (i) the implementing agency changes the requirements of the coal combustion residuals permit program with respect to the basis for the action or order; or (ii) the State or the Administrator, whichever took the action or issued the order, certifies the completion of a corrective action that is the subject of the action or order. (4) Single permit program If a State adopts and implements a coal combustion residuals permit program under this subsection, the Administrator shall cease to implement the permit program implemented under subsection (e)(1) for such State. (g) Effect on determination under 4005 (c) or 3006 The Administrator shall not consider the implementation of a coal combustion residuals permit program by the Administrator under subsection (e) in making a determination of approval for a permit program or other system of prior approval and conditions under section 4005(c) or of authorization for a program under section 3006. (h) Authority (1) State authority Nothing in this section shall preclude or deny any right of any State to adopt or enforce any regulation or requirement respecting coal combustion residuals that is more stringent or broader in scope than a regulation or requirement under this section. (2) Authority of the administrator (A) In general Except as provided in subsections (d) and (e) and section 6005, the Administrator shall, with respect to the regulation of coal combustion residuals, defer to the States pursuant to this section. (B) Imminent hazard Nothing in this section shall be construed as affecting the authority of the Administrator under section 7003 with respect to coal combustion residuals. (C) Enforcement assistance only upon request Upon request from the head of a lead State agency that is implementing a coal combustion residuals permit program, the Administrator may provide to such State agency only the enforcement assistance requested. (D) Concurrent enforcement Except as provided in subparagraph (C), the Administrator shall not have concurrent enforcement authority when a State is implementing a coal combustion residuals permit program, including during any period of interim operation described in subsection (c)(3)(D). (E) Other authority The Administrator shall not have authority to finalize the proposed rule published at pages 35128 through 35264 of volume 75 of the Federal Register (June 21, 2010). (F) Other response authority Nothing in this section shall be construed as affecting the authority of the Administrator under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) with respect to coal combustion residuals. (3) Citizen suits Nothing in this section shall be construed to affect the authority of a person to commence a civil action in accordance with section 7002. (i) Mine reclamation activities A coal combustion residuals permit program implemented by the Administrator under subsection (e) shall not apply to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations. (j) Definitions In this section: (1) Coal combustion residuals The term coal combustion residuals means— (A) the solid wastes listed in section 3001(b)(3)(A)(i), including recoverable materials from such wastes; (B) coal combustion wastes that are co-managed with wastes produced in conjunction with the combustion of coal, provided that such wastes are not segregated and disposed of separately from the coal combustion wastes and comprise a relatively small proportion of the total wastes being disposed in the structure; (C) fluidized bed combustion wastes; (D) wastes from the co-burning of coal with non-hazardous secondary materials, provided that coal makes up at least 50 percent of the total fuel burned; and (E) wastes from the co-burning of coal with materials described in subparagraph (A) that are recovered from monofills. (2) Coal combustion residuals permit program The term coal combustion residuals permit program means all of the authorities, activities, and procedures that comprise the system of prior approval and conditions implemented by or for a State to regulate the management and disposal of coal combustion residuals. (3) Code of Federal regulations The term Code of Federal Regulations means the Code of Federal Regulations (as in effect on the date of enactment of this section) or any successor regulations. (4) Implementing agency The term implementing agency means the agency responsible for implementing a coal combustion residuals permit program for a State, which shall either be the lead State implementing agency identified under subsection (b)(2)(B)(i) or the Administrator pursuant to subsection (e). (5) Permit; prior approval and conditions Except as provided in subsections (b)(3) and (g), the terms permit and prior approval and conditions mean any authorization, license, or equivalent control document that incorporates the requirements of subsection (c). (6) Revised criteria The term revised criteria means the criteria promulgated for municipal solid waste landfill units under section 4004(a) and under section 1008(a)(3), as revised under section 4010(c). (7) Structure (A) In general Except as provided in subparagraph (B), the term structure means a landfill, surface impoundment, or other land-based unit which receives, or is intended to receive, coal combustion residuals. (B) De minimis receipt The term structure does not include any land-based unit that receives only de minimis quantities of coal combustion residuals if the presence of coal combustion residuals is incidental to the material managed in the unit. . (b) Conforming amendment The table of contents contained in section 1001 of the Solid Waste Disposal Act is amended by inserting after the item relating to section 4010 the following: Sec. 4011. Management and disposal of coal combustion residuals. . 8003. 2000 regulatory determination Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to alter in any manner the Environmental Protection Agency’s regulatory determination entitled Notice of Regulatory Determination on Wastes From the Combustion of Fossil Fuels , published at 65 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel combustion wastes addressed in that determination do not warrant regulation under subtitle C of the Solid Waste Disposal Act ( 42 U.S.C. 6921 et seq. ). 8004. Technical assistance Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to affect the authority of a State to request, or the Administrator of the Environmental Protection Agency to provide, technical assistance under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). 8005. Federal Power Act Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to affect the obligations of an owner or operator of a structure (as defined in section 4011 of the Solid Waste Disposal Act, as added by this Act) under section 215(b)(1) of the Federal Power Act ( 16 U.S.C. 824o(b)(1) ). B Surface Mining Stream Buffer Zone Rule 8011. Short title This subtitle may be cited as the Preventing Government Waste and Protecting Coal Mining Jobs in America . 8012. Incorporation of surface mining stream buffer zone rule into State programs (a) In general Section 503 of the Surface Mining 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 requirements 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 Surface Mining Reclamation and Enforcement on December 12, 2008 (73 Fed. Reg. 75813 et seq.). (2) Study of implementation The Secretary shall— (A) at such time as the Secretary determines all States referred to in subsection (a) have fully incorporated the necessary rule referred 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 effectiveness of implementation of such rule by such States; and (C) upon the conclusion of such period, submit a comprehensive report on the impacts of such rule to the Committee on Natural Resources 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 production; and (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 protection 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, incorporating the necessary rule referred to in subsection (e)(1) of such section, as amended by this section. XVIII Satisfying Energy Needs and Saving the Environment 9001. Short title This Act may be cited as the Satisfying Energy Needs and Saving the Environment Act of 2014 or the SENSE Act of 2014 . 9002. Inapplicability of certain emission limits for electric utility steam generating units that convert coal refuse into energy (a) Inapplicability of certain emission limits for certain EGUs The emission limits for hydrogen chloride and sulfur dioxide in table 2 to subpart UUUUU of part 63 of title 40, Code of Federal Regulations, entitled Emission Limits for Existing EGUs , shall not apply to an electric utility steam generating unit in the subcategory Coal-fired unit not low rank virgin coal if such electric utility steam generating unit— (1) is in operation as of the date of enactment of this Act; (2) utilizes circulating fluidized bed technology to convert coal refuse into energy; and (3) (A) derives at least 75 percent of its heat input from coal refuse; or (B) is a qualifying facility. (b) Definitions In this section: (1) Coal refuse The term coal refuse means any byproduct of coal mining, physical coal cleaning, or coal preparation operations, that contains coal, matrix material, clay, and other organic and inorganic material. (2) Qualifying cogeneration facility The term qualifying cogeneration facility has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (3) Qualifying facility The term qualifying facility means— (A) a qualifying small power production facility; or (B) a qualifying cogeneration facility. (4) Qualifying small power production facility The term qualifying small power production facility has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). XIX Nuclear Regulatory Commission Reorganization Plan Codification and Complements 10001. Short title This title may be cited as the Nuclear Regulatory Commission Reorganization Plan Codification and Complements Act . A Replacement of Reorganization Plan 10011. General functions (a) Functions Those functions of the Nuclear Regulatory Commission (in this subtitle referred to as the Commission ) concerned with— (1) policy formulation; (2) rulemaking, as defined in section 553 of title 5 of the United States Code, except that those matters set forth in 553 (a)(2) and (b) which do not pertain to policy formulation orders or adjudications shall be reserved to the Chairman of the Commission; (3) orders and adjudications, as defined in section 551 (6) and (7) of title 5 of the United States Code; and (4) approving the distribution of appropriated funds according to programs and purposes proposed by the Executive Director for Operations, shall remain vested in the Commission. A majority of the Commission may determine, in an area of doubt, whether any matter, action, question, or area of inquiry pertains to one of these functions. Any member of the Commission may request such a vote. Any member of the Commission may propose a policy matter for consideration by the Commission. All members of the Commission shall have full, unfettered, timely, and equal access to information pertaining to its functions. The performance of any portion of these functions may be delegated by the Commission to a member of the Commission, including the Chairman of the Commission (in this subtitle referred to as the Chairman ) and to the staff. (b) Officers and employees (1) Officers With respect to the following officers or successor officers duly established by statute or by the Commission, the Chairman shall initiate the appointment, subject to the approval of the Commission, and the Chairman or a member of the Commission may initiate an action for removal, subject to the approval of the Commission by majority vote: (A) Executive Director for Operations. (B) Chief and Deputy Chief Financial Officer. (C) General Counsel. (D) Director of the Office of Commission Appellate Adjudication. (E) Secretary of the Commission. (F) Director of the Office of Public Affairs. (G) Director of the Office of Congressional Affairs. (H) Director of the Office of International Programs. (I) Chief Administrative Judge and members of the Atomic Safety and Licensing Board Panel. Any performance evaluation or rating of the officers listed in subparagraphs (A) through (I) shall be determined by a majority vote of the members of the Commission. (2) Replacement of officers (A) In the event of a vacancy in a position described in paragraph (1), the Chairman may designate an acting officer for a maximum of 60 days, after which any further extension must be approved by the Commission. If, at the end of 60 days, the Commission has not approved the appointment of an officer proposed by the Chairman, or the Chairman has not proposed one, any Commissioner may initiate the appointment subject to approval of the Commission. (B) With respect to the following officers or successor officers duly established by statute or by the Commission, the Chairman, after consultation with the Executive Director for Operations, shall initiate the appointment, subject to the approval of the Commission, and the Chairman, or a member of the Commission may initiate an action for removal, subject to the approval of the Commission by majority vote: (i) Director of the Office of Nuclear Reactor Regulation. (ii) Director of the Office of Nuclear Material Safety and Safeguards. (iii) Director of the Office of Nuclear Regulatory Research. (iv) Director of the Office of Nuclear Security and Incident Response. (v) Director of the Office of New Reactors. (vi) Director of the Office of Federal and State Materials and Environmental Management Programs. (vii) Director of the Office of Investigations. (viii) Director of the Office of Enforcement. (3) Appointment of Advisory Committee on Reactor Safeguards The Chairman or a member of the Commission shall initiate the appointment of the Members of the Advisory Committee on Reactor Safeguards, subject to the approval of the Commission. The provisions for appointment of the Chairman of the Advisory Committee on Reactor Safeguards and the term of the members shall not be affected by the provisions of this subtitle. (4) Delegation of staff supervision functions The Commission shall delegate the function of appointing, removing, and supervising the staff of the following offices or successor offices to the respective heads of such offices: Executive Director for Operations, General Counsel, Secretary of the Commission, Chief Financial Officer, Office of Commission Appellate Adjudication, Office of Congressional Affairs, Office of Public Affairs, and Office of International Programs. The Commission shall delegate the functions of appointing, removing, and supervising the staff of the following panels and committee to the respective Chairmen thereof: Atomic Safety and Licensing Board Panel and Advisory Committee on Reactor Safeguards. (c) Commission member offices Each member of the Commission shall appoint, remove, and supervise the personnel employed in his or her immediate office. (d) Performance of functions The Commission shall act as provided by section 201(a)(1) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5841(a)(1) ) in the performance of its functions as described in subsections (a) and (b) of this section. 10012. Chairman (a) Functions Except as otherwise provided in section 10011, all functions of the Commission shall rest with the Chairman. The Chairman shall be the official spokesman for the Commission and, as such, shall represent the policies determined by a majority of the Commission. (b) Additional functions The Chairman shall also be the principal executive officer of the Commission, and shall be responsible to the Commission for assuring that the Executive Director for Operations and the staff of the Commission (other than the officers and staff referred to in section 10011(b)(4) and (c)) are responsive to the requirements of the Commission in the performance of its functions; shall determine the use and expenditure of funds of the Commission, in accordance with the distribution of appropriated funds according to programs and purposes approved by the Commission; shall present to the Commission for its consideration the proposals set forth in paragraph (3); and shall be responsible for the following functions, which the Chairman shall delegate, subject to the Chairman’s direction and supervision, to the Executive Director for Operations unless otherwise provided by this title: (1) Administrative functions of the Commission. (2) Distribution of business among such personnel and among administrative units and offices of the Commission. (3) Preparation of proposals for the reorganization of the major offices of the Commission. (4) Appointing and removing, without any further action by the Commission, all officers and employees under the Commission other than those whose appointment and removal are specifically provided for by section 10011(b) and (c). (c) Governing principles (1) In general The Chairman as principal executive officer and the Executive Director for Operations shall be governed by the general policies of the Commission and by such regulatory decisions, findings, and determinations, including those for reorganization proposals, budget revisions, and distribution of appropriated funds, as the Commission may by law, including this subtitle, be authorized to make. (2) Full and current information The Chairman and the Executive Director for Operations shall have joint responsibility insuring that the Commission is fully and currently informed about matters within its functions. (3) Failure to act in accordance If a majority of Commissioners determine that the Chairman has not acted in accordance with paragraph (1) or (2), such Commissioners shall provide written notice of the determination to the President and provide copies thereof to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. 10013. Emergency authority (a) In general Notwithstanding sections 10001 and 10002, the Chairman is authorized to exercise emergency authority described in paragraph (4), subject to the following limitations: (1) The Chairman may not exercise emergency authority unless and until the Chairman declares a specific emergency exists and, not later than 24 hours after such declaration, notifies— (A) the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate, in writing; and (B) the public. (2) The Chairman may only exercise emergency authority in response to— (A) an imminent safety threat pertaining to a facility or materials licensed or regulated by the Commission; or (B) a determination by the Secretary of Homeland Security, the Secretary of Energy, the Secretary of Transportation, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, or the Director of National Intelligence of an imminent security threat to a facility or materials licensed or regulated by the Commission. Where authority is exercised pursuant to this section, public notification may be delayed provided that the Chairman determines that prior public disclosure would constitute a risk to public health and safety and so notifies the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (3) The Chairman may only exercise emergency authority for the duration of the emergency or 30 days, whichever is less. The Commission may approve extensions of that time. Each extension is limited to 30 days and requires notification of the public, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (4) The Chairman’s emergency authority includes the functions of responding to, issuing orders respecting, advising United States civil authorities and the United States public about, and directing and coordinating actions relative to such emergency incident. (b) Delegation The Chairman may delegate the authority to perform such emergency functions, in whole or in part, to any of the other members of the Commission. Such authority may also be delegated or redelegated, in whole or in part, to the staff of the Commission. (c) Consultation To the extent practicable, the Chairman shall consult with the full Commission on any regulatory or policy actions to be taken under an emergency. Such consultations shall be exempt from the requirements of section 552b of title 5, United States Code (commonly referred to as the Government in the Sunshine Act ). (d) Guidelines and notice In acting under this section, the Chairman, or other member of the Commission delegated authority under subsection (b), shall conform to the policy guidelines of the Commission. (e) Termination of emergency Upon termination of the emergency, the Chairman shall immediately notify the Commission, the public, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (f) Report Within 30 days following the conclusion of the emergency, the Chairman, or the member of the Commission or member of the staff delegated the emergency functions under subsection (b), shall render a complete report of all actions taken during the emergency, specifically delineating actions taken utilizing the authority provided in this section, to the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (g) Commission procedures Not later than 90 days after the date of enactment of this Act, the Commission shall revise its procedures to comply with the requirements of this section. Such revision shall define the roles of the Commissioners during an emergency, specifying— (1) complete access to records and information relating to actions taken during the emergency; (2) complete access to Commission staff involved in the management of the emergency; (3) complete access to the location or locations where decisions are made during the emergency; and (4) participation in decisions that may affect Commission actions and policies beyond the response to a particular emergency to the extent practicable. 10014. Reporting (a) Delegation; direct communication The Chairman may make such delegations and provide for such reporting as the Chairman deems necessary, subject to provisions of law. Any officer or employee under the Commission may communicate directly to the Commission, or to any member of the Commission, whenever in the view of such officer or employee a critical problem, or matter of public health and safety or common defense and security, is not being properly addressed. (b) Executive Director for Operations The Executive Director for Operations shall report for all matters to the Chairman. (c) Functions The Directors of Nuclear Reactor Regulations, Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research shall report to the Executive Director for Operations. (d) Direct reporting The heads of the Commission level offices or successor offices, of General Counsel, Secretary of the Commission, Commission Appellate Adjudication, Congressional Affairs, Public Affairs, International Programs, Atomic Safety and Licensing Board Panel, and Advisory Committee on Reactor Safeguards shall report directly to the Commission and the Commission shall receive such reports. 10015. Rescission of Reorganization Plan approval Approval of Reorganization Plan No. 1 of 1980 ( 5 U.S.C. App. 1 ) is rescinded. B Miscellaneous 10021. Certification of documents transmitted to Congress A letter or other document transmitted by the Nuclear Regulatory Commission, on behalf of the full Commission, to a member of Congress in his or her capacity as chairman or ranking minority member of a Committee of Congress, shall include a certification that the letter or document is being sent to both the Chairman and ranking minority member of that Committee in accordance with established Commission procedures. 10022. Time limits for Commission review of Atomic Safety and Licensing Board decisions When reviewing the decisions and actions of the Atomic Safety and Licensing Board, the Commission shall follow the following procedures: (1) Each Commissioner shall vote on the matter not later than 90 days after receipt of final briefs, after which time the Commission shall not further delay a decision. Once a majority position is established, the Secretary shall notify in writing any Commissioners who have not voted that a majority position has been established. Any Commissioners who have not yet voted shall vote within three days of the Secretary’s notice or be considered by the Secretary as not participating. (2) Not later than 30 days after a majority position is established, the Commission shall publish any resulting decision, including adjudicatory orders and direction to agency staff. If a majority position is not established due to a tied vote, not later than 30 days after Commission voting is complete, the Commission shall publish any resulting decision, including adjudicatory orders and direction to agency staff. 10023. Allegations of wrongdoing (a) Referral to inspector general Not later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall revise its procedures to ensure that any allegation of wrongdoing on the part of the Chairman of the Commission is immediately referred to the Inspector General of the Commission. (b) Supervision of inspector general During the pendency of any investigation by the Inspector General of the Chairman with respect to an allegation described in subsection (a), the Chairman shall delegate responsibility for supervising the Inspector General to a member of the Commission other than the Chairman, consistent with the Inspector General Act of 1978. 10024. Approval of Commissioner travel The Chairman of the Nuclear Regulatory Commission shall authorize all international travel requested by other members of the Commission for official business unless the Chairman submits a notice of disapproval to the full Commission specifying the basis for the disapproval. The notice of disapproval shall be submitted within 5 days after the travel is requested or the travel shall be deemed approved. 10025. Implementation Except as otherwise specified in this title, the Commission shall revise its procedures to conform to this title within 180 days of its date of enactment. XX Permitting for onshore and offshore wind energy A Offshore meteorological site testing and monitoring 11001. Short title This subtitle may be cited at the Advancing Offshore Wind Production Act . 11002. Offshore meteorological site testing and monitoring projects (a) Definition of an offshore meteorological site testing and monitoring project In this section, the term offshore meteorological site testing and monitoring project means a project carried out on or in the waters of the Outer Continental Shelf administered by the Department of the Interior to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that— (1) causes— (A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by for the project (including hazards to navigation); (2) is decommissioned not more than 5 years after the date of commencement of the project, including— (A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; and (B) restoration of the project site to approximately the original condition of the site; and (3) provides meteorological information obtained by the project to the Secretary of the Interior. (b) Offshore meteorological project permitting (1) In general The Secretary of the Interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. )) must obtain a permit and right-of-way for the project in accordance with this subsection. (2) Permit and right-of-way timeline and conditions (A) Deadline for approval The Secretary shall decide whether to issue a permit and right-of-way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application. (B) Public comment and consultation During the period referred to in subparagraph (A), the Secretary shall— (i) provide an opportunity for submission of comments by the public; and (ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right-of-way. (C) Denial of permit; opportunity to remedy deficiencies If the application is denied, the Secretary shall provide the applicant— (i) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; and (ii) an opportunity to remedy such deficiencies. (c) NEPA exclusion Section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall not apply with respect to an offshore meteorological site testing and monitoring project. (d) Protection of information The information provided to the Secretary of the Interior pursuant to subsection (a)(3) shall be treated by the Secretary as proprietary information and protected against disclosure. B Onshore meteorological site testing and monitoring 11011. Short title This subtitle may be cited at the Reducing Regulatory Obstacles to Wind Energy Production Act . 11012. Onshore meteorological site testing and monitoring project (a) Definition of meteorological site testing and monitoring project In this section, the term meteorological site testing and monitoring project means a project carried out on land administered by the Bureau of Land Management or the Forest Service to test or monitor weather (including wind and solar energy) using towers or other devices, that— (1) causes— (A) less than 1 acre of soil or vegetation disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of soil or disruption within the proposed right-of-way for the project; (2) is installed— (A) to the maximum extent practicable, using existing access roads; (B) in a manner that does not require off-road motorized access other than 1 installation activity and 1 decommissioning activity along an identified off-road route approved by the Director of the Bureau of Land Management or Chief of the Forest Service; (C) without construction of new roads other than upgrading of existing minor drainage crossings for safety purposes; and (D) without the use of digging or drilling equipment vehicles other than rubber-tired vehicles with gross weight ratings under 8,500 pounds; (3) is decommissioned not more than 5 years after the date of commencement of the project, including— (A) removal of any towers, devices, or other surface infrastructure from the site; and (B) restoration of the site to approximately the condition that existed at the time the project began; and (4) provides meteorological information obtained by the permitted project to the Bureau of Land Management and the Forest Service. (b) NEPA exclusion Section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall not apply with respect to a meteorological site testing and monitoring project. (c) Permit timeline and conditions (1) In general The Director of the Bureau of Land Management or Chief of the Forest Service, as applicable, shall decide whether to issue a permit for a project that is a meteorological site testing and monitoring project within 30 days after receiving an application for the permit. (2) Public comment and consultation During the period referred to in paragraph (1), the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable, shall— (A) provide an opportunity for submission of comments by the public; and (B) consult with the heads of other Federal, State, and local agencies that would be affected by the issuance of the permit. (3) Denial of Application If the application is denied, the Director or Chief, respectively, shall provide the applicant— (A) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies, and (B) an opportunity to remedy any deficiencies. (d) Protection of information The information provided to the Bureau of Land Management and the Forest Service pursuant to subsection (a)(4) shall be treated by such agency as proprietary information and protected against disclosure. XXI Domestic Prosperity and Global Freedom 12001. Short title This title may be cited as the Domestic Prosperity and Global Freedom Act . 12002. Amendments Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended— (1) by inserting (1) before For purposes ; (2) by striking a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas and inserting a World Trade Organization member nation ; and (3) by adding at the end the following: (2) For purposes of this subsection, the term World Trade Organization member nation means a country described in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)). . 12003. Pending applications Any application for authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) for which a notice has been published in the Federal Register before March 6, 2014, shall be granted without modification or delay. IV Access to Capital XXII Small Business Access to Capital 13001. Registration and reporting exemptions relating to private equity funds advisors Section 203 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3 ) is amended by adding at the end the following: (o) Exemption of and reporting requirements by private equity funds advisors (1) In general Except as provided in this subsection, no investment adviser shall be subject to the registration or reporting requirements of this title with respect to the provision of investment advice relating to a private equity fund or funds, provided that each such fund has not borrowed and does not have outstanding a principal amount in excess of twice its invested capital commitments. (2) Maintenance of records and access by Commission Not later than 6 months after the date of enactment of this subsection, the Commission shall issue final rules— (A) to require investment advisers described in paragraph (1) to maintain such records and provide to the Commission such annual or other reports as the Commission taking into account fund size, governance, investment strategy, risk, and other factors, as the Commission determines necessary and appropriate in the public interest and for the protection of investors; and (B) to define the term private equity fund for purposes of this subsection. . XXIII Community Lending Enhancement and Regulatory Relief 14001. Changes required to small bank holding company policy statement on assessment of financial and managerial factors (a) Small bank holding company policy statement on assessment of financial and managerial factors (1) In general Before the end of the 6-month period beginning on the date of the enactment of this title, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225—appendix C) that provide that the policy shall apply to a bank holding company which has pro forma consolidated assets of less than $5,000,000,000 and that— (A) is not engaged in any nonbanking activities involving significant leverage; and (B) does not have a significant amount of outstanding debt that is held by the general public. (2) Adjustment of amount The Board of Governors of the Federal Reserve System shall annually adjust the dollar amount referred to in paragraph (1) in the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors by an amount equal to the percentage increase, for the most recent year, in total assets held by all insured depository institutions, as determined by the Board. (b) Increase in debt-to-Equity ratio of small bank holding company Before the end of the 6-month period beginning on the date of the enactment of this title, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225—appendix C) such that the debt-to-equity ratio allowable for a small bank holding company in order to remain eligible to pay a corporate dividend and to remain eligible for expedited processing procedures under Regulation Y of the Board of Governors of the Federal Reserve System would increase from 1:1 to 3:1. 14002. Escrow requirements (a) In general Section 129D(c) of the Truth in Lending Act, as added by section 1461(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended— (1) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D) and moving such subparagraphs 2 ems to the right; (2) striking The Board and inserting the following: (1) In general The Board ; and (3) by adding at the end the following new paragraph: (2) Treatment of loans held by smaller creditors The Board shall, by regulation, exempt from the requirements of subsection (a) any loan secured by a first lien on a consumer’s principle dwelling, if such loan is held by a creditor with assets of $10,000,000,000 or less. . 14003. Exception to annual privacy notice requirement under the Gramm-Leach-Bliley Act Section 503 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6803 ) is amended by adding at the end the following: (f) Exception to annual notice requirement A financial institution that— (1) provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of section 502 or regulations prescribed under section 504(b), and (2) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this subsection, shall not be required to provide an annual disclosure under this subsection until such time as the financial institution fails to comply with any criteria described in paragraph (1) or (2). . 14004. Accounting principles cost-benefit requirements Section 19(b) of the Securities Act of 1933 ( 15 U.S.C. 77s(b) ) is amended by adding at the end the following: (3) Generally accepted accounting principles cost-benefit requirements The Commission or its designee shall conduct analyses of the costs and benefits (including economic benefits) of any new or amended accounting principle described under paragraph (1), and may not recognize such new or amended accounting principle, unless the Commission or its designee determines that the benefits to investors of such new or amended accounting principle significantly outweigh its costs. . 14005. Community bank exemption from annual management assessment of internal controls requirement of the Sarbanes-Oxley Act of 2002 Section 404 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7262 ) is amended by adding the following new subsection: (d) Community bank exemption (1) In general This section shall not apply in any year to any insured depository institution which, as of the close of the preceding year, had total assets, as determined on a consolidated basis, of $10,000,000,000 or less. (2) Adjustment of amount The Commission shall annually adjust the dollar amount in paragraph (1) by an amount equal to the percentage increase, for the most recent year, in total assets held by all depository institutions, as reported by the Federal Deposit Insurance Corporation. . 14006. Certain loans included as qualified mortgages Section 129C(b)(2) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (viii), by striking and at the end; (B) in clause (ix), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (x) that is originated and retained in portfolio for a period of at least 3 years by a creditor having less than $10,000,000,000 in total assets. ; and (2) in subparagraph (E)— (A) by striking The Board may, by regulation and inserting The Bureau shall, by regulation ; and (B) by amending clause (iv) to read as follows: (iv) that is extended by a creditor that— (I) originates and retains the balloon loans in portfolio for a period of at least 3 years; and (II) together with all affiliates, has total assets of $10,000,000,000 or less. . 14007. Increase in small servicer exemption Section 6 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2605 ) is amended by adding at the end the following: (n) Small servicer exemption The Bureau shall, by regulation, provide exemptions to, or adjustments for, the provisions of this section for servicers that service 20,000 or fewer mortgage loans, in order to reduce regulatory burdens while appropriately balancing consumer protections. . 14008. Appraiser qualification threshold Section 1112(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3341(b)) is amended— (1) by striking may establish a threshold level at or and inserting shall establish a threshold level of $250,000, ; and (2) by striking transactions, if and inserting transactions. Each Federal financial institutions regulatory agency and the Resolution Trust Corporation may establish a higher threshold than $250,000, if . 14009. Coordination among financial institutions Chapter 53 of title 31, United States Code, is amended— (1) by inserting after section 5332 the following new section: 5333. Coordination among financial institutions (a) In general In the case of an entry received via an automated clearing house, no receiving depository financial institution shall be required to verify that the entry is not a prohibited transaction, if the originating depository financial institution has warranted, pursuant to the automated clearing house rules governing such entry or otherwise, that the originating depository financial institution has complied with the sanctions programs administered by the Office of Foreign Assets Control in connection with such entry. (b) Definitions For purposes of this section: (1) Automated clearing house The term automated clearing house means a funds transfer system governed by rules which provide for the interbank clearing of electronic entries for participating depository financial institutions. (2) Depository financial institution The term depository financial institution means— (A) any insured depository institution, as such term is defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); (B) any depository institution which is eligible to apply to become an insured depository institution under section 5 of the Federal Deposit Insurance Act ( 12 U.S.C. 1815 ); (C) any insured credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); and (D) any credit union which is eligible to apply to become an insured credit union pursuant to section 201 of the Federal Credit Union Act ( 12 U.S.C. 1781 ). (3) Entry The term entry means an order to request for the transfer of funds through an automated clearing house. (4) Originating depository financial institution The term originating depository financial institution means a depository financial institution that transmits entries via an automated clearing house for transmittal to a receiving depository financial institution. (5) Prohibited transaction The term prohibited transaction means a funds transfer originated on behalf of a person to or from whom funds transfers are restricted by a sanctions program administered by the Office of Foreign Assets Control, including persons appearing on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control. (6) Receiving depository financial institution The term receiving depository financial institution means a depository financial institution that receives entries via an automated clearing house from an originating depository financial institution for debit or credit to the accounts of its customers. ; and (2) in the table of contents for such chapter by inserting after the item relating to section 5332 the following new item: 5333. Coordination among financial institutions. .