H.R. 1777 (112th): Consumer Relief for Pain at the Pump Act

112th Congress, 2011–2013. Text as of May 05, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

1st Session

H. R. 1777

IN THE HOUSE OF REPRESENTATIVES

May 5, 2011

(for himself, Mr. Walberg, Mr. Gohmert, Mr. Flores, Mr. Walsh of Illinois, Mr. Pitts, Mrs. Lummis, Mr. Wilson of South Carolina, Mr. King of Iowa, Mr. Campbell, Mr. Ross of Florida, Mr. West, Mr. Guinta, Mr. Conaway, Mr. Long, Mr. Manzullo, Mrs. Blackburn, Mr. McKinley, Mr. Bishop of Utah, Mr. Westmoreland, Mr. Akin, Mr. Austin Scott of Georgia, Mr. Culberson, Mr. Franks of Arizona, Mr. Duncan of South Carolina, Mr. Chaffetz, Mrs. Capito, Mr. Grimm, Mr. Huelskamp, Mr. Herger, Mrs. Myrick, Mr. Scalise, Mr. Jordan, and Mr. Rokita) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Oversight and Government Reform, and the Judiciary, 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 provide consumer relief for artificially high gas prices, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be referred to as the Consumer Relief for Pain at the Pump Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—End of Presidential Permatorium on America’s Outer Continental Shelf Resources

Sec. 101. Deadline for certain permit applications under existing leases.

Subtitle A—Outer Continental Shelf

Sec. 111. End moratorium of oil and gas leasing in certain areas of the Gulf of Mexico.

Sec. 112. Outer Continental Shelf directed lease sales.

Sec. 113. Leasing program considered approved.

Sec. 114. Outer Continental Shelf lease sales.

Sec. 115. Restrictions on leasing of the Outer Continental Shelf.

Sec. 116. Sharing of OCS receipts with States and local governments.

Subtitle B—Arctic Coastal Plain

Sec. 121. Definitions.

Sec. 122. Leasing program for land within the Coastal Plain.

Sec. 123. Lease sales.

Sec. 124. Grant of leases by the Secretary.

Sec. 125. Lease terms and conditions.

Sec. 126. Expedited judicial review.

Sec. 127. Rights-of-way across the Coastal Plain.

Sec. 128. Conveyance.

Title II—Revocation of Energy-Restricting BLM Lockup

Sec. 201. Revocation of Secretarial Order No. 3310.

Subtitle A—Expedited Shale Leasing of Federal Lands

Sec. 211. Opening of lands to oil shale leasing.

Subtitle B—Judicial Review Regarding Energy Projects

Sec. 221. Exclusive jurisdiction over causes and claims relating to covered energy projects.

Sec. 222. Time for filing complaint.

Sec. 223. District Court for the District of Columbia deadline.

Sec. 224. Ability to seek appellate review.

Sec. 225. Deadline for appeal to the Supreme Court.

Sec. 226. Covered energy project defined.

Sec. 227. Limitation on application.

Subtitle C—Permitting reform

Sec. 231. Purposes.

Sec. 232. Federal Coordinator.

Sec. 233. Regional Offices and Regional Permit Coordinators.

Sec. 234. Reviews and actions of Federal agencies.

Sec. 235. State coordination.

Sec. 236. Savings provision.

Sec. 237. Administrative and Judicial Review.

Sec. 238. Amendments to publication process.

Sec. 239. Repeal of fee for permits to drill.

Sec. 240. Alaska Offshore Continental Shelf Coordination Office.

Title III—Relief From Regulations and Prohibitions that Cause Artificial Price Increases

Subtitle A—Relief from EPA climate change regulations and Federal prohibitions on synthetic fuels

Sec. 301. Repeal of EPA climate change regulation.

Sec. 302. Repeal of Federal ban on synthetic fuels purchasing requirement.

Subtitle B—Refinery reform

Sec. 311. Refinery permitting process.

Sec. 312. Existing refinery permit application deadline.

I

End of Presidential Permatorium on America’s Outer Continental Shelf Resources

101.

Deadline for certain permit applications under existing leases

(a)

In general

A lease under which a covered application is submitted to the Secretary of the Interior shall be considered to be in directed suspension during the period beginning May 27, 2010, and ending on the date the Secretary issues a final decision on the application, if the Secretary does not issue a final decision on the application—

(1)

before the end of the 30-day period beginning on the date of enactment of this Act, in the case of a covered application submitted before such date of enactment; or

(2)

before the end of the 30-day period beginning on the date the application is received by the Secretary, in the case of a covered application submitted on or after such date of enactment.

(b)

Covered application

In this section the term covered application means an application for a permit to drill under an oil and gas lease under the Outer Continental Shelf Lands Act in effect on the date of enactment of this Act, that—

(1)

represents a resubmission of an approved permit to drill (including an application for a permit to sidetrack) that was approved by the Secretary before May 27, 2010; and

(2)

is received by the Secretary after October 12, 2010, and before the end of the 30-day period beginning on the date of enactment of this Act.

A

Outer Continental Shelf

111.

End moratorium of oil and gas leasing in certain areas of the Gulf of Mexico

(a)

Repeal of Moratorium

(1)

Repeal

Section 104 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is repealed.

(2)

National defense area

Section 12(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)) is amended—

(A)

by striking (d) The United States and inserting the following:

(d)

Restriction of areas for national defense

(1)

In general

The United States

; and

(B)

by adding at the end the following:

(2)

Review

Annually, the Secretary of Defense shall review the areas of the outer Continental Shelf that have been designated as restricted from exploration and operation to determine whether the areas should remain under restriction.

.

(b)

Leasing of Moratorium Areas

(1)

In general

As soon as practicable, but not later than 1 year, after the date of enactment of this Act, the Secretary of the Interior shall offer for leasing under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), any areas made available for leasing as a result of the enactment of subsection (a).

(2)

Leasing plan

Any areas made available for leasing under paragraph (1) shall be offered for lease under this section notwithstanding the omission of any of these respective areas from the applicable 5-year plan developed by the Secretary pursuant to section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344).

(c)

Military mission

Section 104 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is further amended—

(1)

by striking (b) Military mission line.—Notwithstanding subsection (a), the and inserting (c) Military mission.—;

(2)

by redesignating subsection (c) as subsection (b);

(3)

in subsection (b)(1), as so redesignated, by striking paragraph (2) or (3) of subsection (a) and inserting paragraph (5); and

(4)

by adding at the end the following:

(5)

Areas described

The areas referred to in paragraph (1) are—

(A)

any area in the Eastern Planning Area that is within 125 miles of the coastline of the State of Florida; and

(B)

any area in the Central Planning Area that is—

(i)

within—

(I)

the 181 Area; and

(II)

100 miles of the coastline of the State of Florida; or

(ii)
(I)

outside the 181 Area;

(II)

east of the western edge of the Pensacola Official Protraction Diagram (UTM X coordinate 1,393,920 (NAD 27 feet)); and

(III)

within 100 miles of the coastline of the State of Florida.

.

112.

Outer Continental Shelf directed lease sales

(a)

209 lease sale

The Secretary of the Interior (referred to in this section as the Secretary) shall offer the Beaufort Sea Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007–2012 Lease Sale Schedule.

(b)

210 lease sale

The Secretary shall offer the Western Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007–2012 Lease Sale Schedule.

(c)

212 lease sale

The Secretary shall offer the Chukchi Sea Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007–2012 Lease Sale Schedule.

(d)

213 lease sale

The Secretary shall offer the Central Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007–2012 Lease Sale Schedule.

(e)

215 lease sale

The Secretary shall offer the Western Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007–2012 Lease Sale Schedule.

(f)

216 lease sale

The Secretary shall offer the Central Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007–2012 Lease Sale Schedule.

(g)

217 lease sale

The Secretary shall offer the Beaufort Sea Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007–2012 Lease Sale Schedule.

(h)

214 lease sale

The Secretary shall offer the North Aleutian Basin Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007–2012 Lease Sale Schedule.

(i)

218 lease sale

The Secretary shall offer the Western Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007–2012 Lease Sale Schedule.

(j)

219 lease sale

The Secretary shall offer the Cook Inlet Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007–2012 Lease Sale Schedule.

(k)

220 lease sale

The Secretary shall offer the Mid-Atlantic Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2011 as established in the 2007–2012 Lease Sale Schedule.

(l)

221 lease sale

The Secretary shall offer the Chukchi Sea Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2012 as established in the 2007–2012 Lease Sale Schedule.

(m)

222 lease sale

The Secretary shall offer the Central Gulf of Mexico Program Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 2012 as established in the 2007–2012 Lease Sale Schedule.

113.

Leasing program considered approved

(a)

In general

The Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 issued by the Secretary of the Interior (referred to in this section as the Secretary) under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is considered to have been approved by the Secretary as a final oil and gas leasing program under that section.

(b)

Final environmental impact statement

The Secretary is considered to have issued a final environmental impact statement for the program described in subsection (a) in accordance with all of the requirements of sections 18, 19, and 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344, 1345, and 1346), in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), and in accordance with all requirements of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).

114.

Outer Continental Shelf lease sales

(a)

Requirement To conduct lease sales

(1)

In general

Except as provided in paragraph (2), not later than one year after the date of enactment of this Act and annually thereafter, the Secretary of the Interior (referred to in this section as the Secretary) shall conduct at a minimum one lease sale in an Atlantic Planning Area, one lease sale in the Pacific Planning Area, one lease sale in the Alaska Planning Area, and three lease sales in a Gulf of Mexico Planning Area for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf.

(2)

Subsequent determinations and sales

If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this subsection, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall—

(A)

determine whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and

(B)

if the Secretary determines that there is a commercial interest described in subparagraph (A), conduct a lease sale in the planning area.

(b)

Leasing plan

Any areas made available for leasing under subsection (a) shall be offered for lease under this section notwithstanding the omission of any of these respective areas from the applicable 5-year plan developed by the Secretary pursuant to section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344).

115.

Restrictions on leasing of the Outer Continental Shelf

(a)

State opt-Out

No lease authorizing a permanent surface energy project for the exploration, development, or production of oil or gas may be issued for any area of the Outer Continental Shelf located within 10 miles of the coastline of a State if the State has notified the Secretary of the Interior that the State does not want to participate in such leasing.

(b)

Existing leases not affected

This section shall not affect any lease issued before the date of enactment of this Act.

116.

Sharing of OCS receipts with States and local governments

Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended as follows:

(1)

By designating the existing text as subsection (a).

(2)

In subsection (a) (as so designated) by inserting , if not paid as otherwise provided in this title after receipts.

(3)

By adding the following:

(b)

Treatment of OCS Receipts

(1)

Deposit

The Secretary shall deposit into a separate account in the Treasury the portion of OCS Receipts for each fiscal year that will be shared under paragraph (2).

(2)

Immediate receipts sharing

Beginning October 1, 2011, the Secretary shall share 50 percent of OCS Receipts derived from all leases, except that the Secretary shall only share 25 percent of such OCS Receipts derived from all such leases within a State’s Adjacent Zone if leasing is not allowed within at least 25 percent of that State’s Adjacent Zone located completely within 75 miles of any coastline.

(3)

Allocations

The Secretary shall allocate the OCS Receipts deposited into the separate account established by paragraph (1) that are shared under paragraph (2) as follows:

(A)

Bonus bids

Deposits derived from bonus bids from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year to the Adjacent State.

(B)

Royalties

Deposits derived from royalties and net profit shares from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year as follows:

(i)

50 percent to the Adjacent State.

(ii)

50 percent to all States, including the Adjacent State, having a coastline point within 300 miles of the leased tract, divided equally, if such State allows leasing within at least 25 percent of its Adjacent Zone within 75 miles of the coastline.

(C)

Limitation if not admitted to the union as a State

Any entity defined as a State under section 2(r), that has not been admitted to the Union as a State shall only be entitled to one-half of a State share under this paragraph.

(c)

Transmission of Allocations

(1)

In general

Not later than 90 days after the end of each fiscal year, the Secretary shall transmit—

(A)

to each State 60 percent of such State’s allocations under subsections (b)(2), (b)(3)(A), and (b)(3)(B) (i) and (ii) for the immediate prior fiscal year; and

(B)

to each coastal county-equivalent and municipal political subdivisions of such State a total of 40 percent of such State’s allocations under subsections (b)(2), (b)(3)(A), and (b)(3)(B) (i) and (ii), for the immediate prior fiscal year, together with all accrued interest thereon.

(2)

Allocations to coastal county-equivalent political subdivisions

The Secretary shall make an initial allocation of the OCS Receipts to be shared under paragraph (1)(B) as follows:

(A)

25 percent shall be allocated to coastal county-equivalent political subdivisions that are completely more than 25 miles landward of the coastline and at least a part of which lies not more than 75 miles landward from the coastline, with the allocation among such coastal county-equivalent political subdivisions based on population.

(B)

75 percent shall be allocated to coastal county-equivalent political subdivisions that are completely or partially less than 25 miles landward of the coastline, with the allocation among such coastal county-equivalent political subdivisions to be further allocated as follows:

(i)

25 percent shall be allocated based on the ratio of such coastal county-equivalent political subdivision’s population to the coastal population of all coastal county-equivalent political subdivisions in the State.

(ii)

25 percent shall be allocated based on the ratio of such coastal county-equivalent political subdivision’s coastline miles to the coastline miles of all coastal county-equivalent political subdivisions in the State as calculated by the Secretary. In such calculations, coastal county-equivalent political subdivisions without a coastline shall be considered to have 50 percent of the average coastline miles of the coastal county-equivalent political subdivisions that do have coastlines.

(iii)

50 percent shall be allocated equally to all coastal county-equivalent political subdivisions having a coastline point within 300 miles of the leased tract for which OCS Receipts are being shared.

(3)

Allocations to coastal municipal political subdivisions

The initial allocation to each coastal county-equivalent political subdivision under paragraph (2) shall be further allocated to the coastal county-equivalent political subdivision and any coastal municipal political subdivisions located partially or wholly within the boundaries of the coastal county-equivalent political subdivision as follows:

(A)

One-third shall be allocated to the coastal county-equivalent political subdivision.

(B)

Two-thirds shall be allocated on a per capita basis to the municipal political subdivisions and the county-equivalent political subdivision, with the allocation to the latter based upon its population not included within the boundaries of a municipal political subdivision.

(d)

Investment of Deposits

Amounts deposited under this section shall be invested by the Secretary of the Treasury in securities backed by the full faith and credit of the United States having maturities suitable to the needs of the account in which they are deposited and yielding the highest reasonably available interest rates as determined by the Secretary of the Treasury.

(e)

Use of Funds

A recipient of funds under this section may use the funds for one or more of the following:

(1)

To reduce in-State college tuition at public institutions of higher learning and otherwise support public education, including career technical education.

(2)

To make transportation infrastructure improvements.

(3)

To reduce taxes.

(4)

To promote, fund, and provide for—

(A)

coastal or environmental restoration;

(B)

fish, wildlife, and marine life habitat enhancement;

(C)

waterways construction and maintenance;

(D)

levee construction and maintenance and shore protection; and

(E)

marine and oceanographic education and research.

(5)

To promote, fund, and provide for—

(A)

infrastructure associated with energy production activities conducted on the outer Continental Shelf;

(B)

energy demonstration projects;

(C)

supporting infrastructure for shore-based energy projects;

(D)

State geologic programs, including geologic mapping and data storage programs, and State geophysical data acquisition;

(E)

State seismic monitoring programs, including operation of monitoring stations;

(F)

development of oil and gas resources through enhanced recovery techniques;

(G)

alternative energy development, including bio fuels, coal-to-liquids, oil shale, tar sands, geothermal, geopressure, wind, waves, currents, hydro, and other renewable energy;

(H)

energy efficiency and conservation programs; and

(I)

front-end engineering and design for facilities that produce liquid fuels from hydrocarbons and other biological matter.

(6)

To promote, fund, and provide for—

(A)

historic preservation programs and projects;

(B)

natural disaster planning and response; and

(C)

hurricane and natural disaster insurance programs.

(7)

For any other purpose as determined by State law.

(f)

No Accounting Required

No recipient of funds under this section shall be required to account to the Federal Government for the expenditure of such funds, except as otherwise may be required by law. However, States may enact legislation providing for accounting for and auditing of such expenditures. Further, funds allocated under this section to States and political subdivisions may be used as matching funds for other Federal programs.

(g)

Effect of Future Laws

Enactment of any future Federal statute that has the effect, as determined by the Secretary, of restricting any Federal agency from spending appropriated funds, or otherwise preventing it from fulfilling its pre-existing responsibilities as of the date of enactment of the statute, unless such responsibilities have been reassigned to another Federal agency by the statute with no prevention of performance, to issue any permit or other approval impacting on the OCS oil and gas leasing program, or any lease issued thereunder, or to implement any provision of this Act shall automatically prohibit any sharing of OCS Receipts under this section directly with the States, and their coastal political subdivisions, for the duration of the restriction. The Secretary shall make the determination of the existence of such restricting effects within 30 days of a petition by any outer Continental Shelf lessee or producing State.

(h)

Definitions

In this section:

(1)

Coastal county-equivalent political subdivision

The term coastal county-equivalent political subdivision means a political jurisdiction immediately below the level of State government, including a county, parish, borough in Alaska, independent municipality not part of a county, parish, or borough in Alaska, or other equivalent subdivision of a coastal State, that lies within the coastal zone.

(2)

Coastal municipal political subdivision

The term coastal municipal political subdivision means a municipality located within and part of a county, parish, borough in Alaska, or other equivalent subdivision of a State, all or part of which coastal municipal political subdivision lies within the coastal zone.

(3)

Coastal population

The term coastal population means the population of all coastal county-equivalent political subdivisions, as determined by the most recent official data of the Census Bureau.

(4)

Coastal zone

The term coastal zone means that portion of a coastal State, including the entire territory of any coastal county-equivalent political subdivision at least a part of which lies, within 75 miles landward from the coastline, or a greater distance as determined by State law enacted to implement this section.

(5)

Bonus bids

The term bonus bids means all funds received by the Secretary to issue an outer Continental Shelf minerals lease.

(6)

Royalties

The term royalties means all funds received by the Secretary from production of oil or natural gas, or the sale of production taken in-kind, or from net profit shares, from an outer Continental Shelf minerals lease.

(7)

Producing state

The term producing State means an Adjacent State having an Adjacent Zone containing leased tracts from which OCS Receipts were derived.

(8)

OCS receipts

The term OCS Receipts means bonus bids and royalties, excluding royalties from leases amended under the authority of section 8(s) of this Act.

.

B

Arctic Coastal Plain

121.

Definitions

In this subtitle:

(1)

Coastal Plain

The term Coastal Plain means that area identified as the 1002 Coastal Plain Area on the map.

(2)

Federal agreement

The term Federal Agreement means the Federal Agreement and Grant Right-of-Way for the Trans-Alaska Pipeline issued on January 23, 1974, in accordance with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.).

(3)

Final statement

The term Final Statement means the final legislative environmental impact statement on the Coastal Plain, dated April 1987, and 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)).

(4)

Map

The term map means the map entitled Arctic National Wildlife Refuge, dated September 2005, and prepared by the United States Geological Survey.

(5)

Secretary

The term Secretary means the Secretary of the Interior (or the designee of the Secretary), acting through the Director of the Bureau of Land Management, in consultation with the Director of the United States Fish and Wildlife Service.

122.

Leasing program for land 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 subtitle, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and

(2)

to administer this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that require 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 subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.

(b)

Repeal

(1)

Repeal

Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.

(2)

Conforming amendment

The table of contents contained in section 1 of that Act (16 U.S.C. 3101 note) is amended by striking the item relating to section 1003.

(3)

Compliance with NEPA for other actions

(A)

In general

Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the actions authorized by this subtitle that are not referred to in paragraph (2).

(B)

Identification and analysis

Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not be required—

(i)

to identify nonleasing alternative courses of action; or

(ii)

to analyze the environmental effects of those courses of action.

(C)

Identification of preferred action

Not later than 18 months after the date of enactment of this Act, the Secretary shall—

(i)

identify only a preferred action and a single leasing alternative for the first lease sale authorized under this subtitle; and

(ii)

analyze the environmental effects and potential mitigation measures for those 2 alternatives.

(D)

Public comments

In carrying out this paragraph, the Secretary shall consider only public comments that are filed not later than 20 days after the date of publication of a draft environmental impact statement.

(E)

Effect of compliance

Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle.

(c)

Relationship to State and local authority

Nothing in this subtitle expands or limits any State or local regulatory authority.

(d)

Special areas

(1)

Designation

(A)

In general

The Secretary, after consultation with the State of Alaska, the North Slope Borough, Alaska, and the City of Kaktovik, Alaska, may designate not more than 45,000 acres of the Coastal Plain as a special area if the Secretary determines that the special area would be of such unique character and interest as to require special management and regulatory protection.

(B)

Sadlerochit spring area

The Secretary shall designate as a special area in accordance with subparagraph (A) the Sadlerochit Spring area, comprising approximately 4,000 acres as depicted on the map.

(2)

Management

The Secretary shall manage each special area designated under this subsection in a manner that preserves the unique and diverse character of the area, including fish, wildlife, subsistence resources, and cultural values of the area.

(3)

Exclusion from leasing or surface occupancy

(A)

In general

The Secretary may exclude any special area designated under this subsection from leasing.

(B)

No surface occupancy

If the Secretary leases all or a portion of a special area for the purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the land comprising the special area.

(4)

Directional drilling

Notwithstanding any other provision 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 located outside the special area.

(e)

Limitation on closed areas

The Secretary may not close land within the Coastal Plain to oil and gas leasing or to exploration, development, or production except in accordance with this subtitle.

(f)

Regulations

(1)

In general

Not later than 15 months after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, fish and wildlife habitat, subsistence resources, and environment of the Coastal Plain.

(2)

Revision of regulations

The Secretary shall periodically review and, as appropriate, revise the rules and regulations issued under paragraph (1) to reflect any significant biological, environmental, scientific or engineering data that come to the attention of the Secretary.

123.

Lease sales

(a)

In general

Land may be leased pursuant to this subtitle 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, establish procedures for—

(1)

receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;

(2)

the holding of lease sales after that 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

Bidding for leases under this subtitle shall be by sealed competitive cash bonus bids.

(d)

Acreage minimum in first sale

For the first lease sale under this subtitle, the Secretary shall offer for lease 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), but in no case less than 200,000 acres.

(e)

Timing of lease sales

The Secretary shall—

(1)

not later than 22 months after the date of enactment of this Act, conduct the first lease sale under this subtitle;

(2)

not later than 90 days after the date of the completion of the sale, evaluate the bids in the sale and issue leases resulting from the sale; and

(3)

conduct additional sales at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales.

124.

Grant of leases by the Secretary

(a)

In general

On payment by a lessee of such bonus as may be accepted by the Secretary, the Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 123 a lease for any land on the Coastal Plain.

(b)

Subsequent transfers

(1)

In general

No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary.

(2)

Condition for approval

Before granting any approval described in paragraph (1), the Secretary shall consult with and give due consideration to the opinion of the Attorney General.

125.

Lease terms and conditions

An oil or gas lease issued pursuant to this subtitle shall—

(1)

provide for the payment of a royalty of not less than 12½ percent of the amount or value of the production removed or sold from the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and gas leases;

(2)

require that each lessee of land within the Coastal Plain shall be fully responsible and liable for the reclamation of land within the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities within the Coastal Plain conducted by the lessee or by any of the subcontractors or agents of the lessee;

(3)

provide that the lessee may not delegate or convey, by contract or otherwise, that reclamation responsibility and liability to another person without the express written approval of the Secretary;

(4)

provide that the standard of reclamation for land required to be reclaimed under this subtitle shall be, to the maximum extent practicable—

(A)

a condition capable of supporting the uses that the land was capable of supporting prior to any exploration, development, or production activities; or

(B)

on application by the lessee, to a higher or better standard, as approved by the Secretary;

(5)

contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 122(a)(2);

(6)

provide that each lessee, and each agent and contractor of a lessee, use their best efforts to provide a fair share of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State of Alaska, as determined by the level of obligation previously agreed to in the Federal Agreement; and

(7)

contain such other provisions as the Secretary determines to be necessary to ensure compliance with this subtitle and the regulations promulgated under this subtitle.

126.

Expedited judicial review

(a)

Filing of complaints

(1)

Deadline

A complaint seeking judicial review of a provision of this subtitle or an action of the Secretary under this subtitle shall be filed—

(A)

except as provided in subparagraph (B), during the 90-day period beginning on the date on which the action being challenged was carried out; or

(B)

in the case of a complaint based solely on grounds arising after the 90-day period described in subparagraph (A), by not later than 90 days after the date on which the complainant knew or reasonably should have known about the grounds for the complaint.

(2)

Venue

A complaint seeking judicial review of a provision of this subtitle or an action of the Secretary under this subtitle shall be filed in the United States District Court for the District of Columbia.

(3)

Scope

(A)

In general

Judicial review of a decision of the Secretary relating to a lease sale under this subtitle (including an environmental analysis of such a lease sale) shall be—

(i)

limited to a review of whether the decision is in accordance with this subtitle; and

(ii)

based on the administrative record of the decision.

(B)

Presumptions

Any identification by the Secretary of a preferred course of action relating to a lease sale, and any analysis by the Secretary of environmental effects, under this subtitle shall be presumed to be correct unless proven otherwise by clear and convincing evidence.

(b)

Limitation on other review

Any action of the Secretary that is subject to judicial review under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.

(c)

Relationship to other provisions

Subtitle B of title II shall not affect the application of this section.

127.

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—

(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 (16 U.S.C. 3161 et seq.), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170, 3171).

(b)

Regulations

The Secretary shall include in regulations under section 122(f) provisions granting rights-of-way and easements described in subsection (a).

128.

Conveyance

Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on title to land, and to clarify land ownership patterns in the Coastal Plain, the Secretary shall—

(1)

to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), as determined by the Secretary, convey to that Corporation the surface estate of the land described in paragraph (1) of Public Land Order 6959, in accordance with the terms and conditions of the agreement between the Secretary, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation, dated January 22, 1993; and

(2)

convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under the agreement between that corporation and the United States, dated August 9, 1983.

II

Revocation of Energy-Restricting BLM Lockup

201.

Revocation of Secretarial Order No. 3310

Secretarial Order No. 3310, dated December 22, 2010, relating to protecting wilderness characteristics on lands managed by the Bureau of Land Management is hereby revoked.

A

Expedited Shale Leasing of Federal Lands

211.

Opening of lands to oil shale leasing

(a)

Repeal of Limitation on Use of Funds

Section 433 of division F of the Consolidated Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 2152) is repealed.

(b)

Issuance of Regulations

The Secretary of the Interior shall issue all regulations necessary to implement section 369 of the Energy Policy Act of 2005 (Public Law 109–58; 42 U.S.C. 15927) with respect to oil shale by not later than 60 days after the date of the enactment of this Act. Such regulations shall include such safeguards and assurances as the Secretary considers necessary to allow States to exercise their regulatory and statutory authorities under State law, consistent with otherwise applicable Federal law.

(c)

Leasing of Oil Shale Resource

Immediately after issuing regulations under subsection (b), the Secretary of the Interior shall—

(1)

offer for leasing for research and development of oil shale resources under subsection (c) of section 369 of the Energy Policy Act of 2005 (Public Law 109–58; 42 U.S.C. 15927), additional 160-acre tracts of lands the Secretary considers necessary to fulfill the research and development objectives of such Act; and

(2)

offer for leasing for commercial exploration, development, and production of oil shale resources under subsection (e) of such section, public lands in States for which the Secretary finds sufficient support and interest as required by that subsection.

B

Judicial Review Regarding Energy Projects

221.

Exclusive jurisdiction over causes and claims relating to covered energy projects

Notwithstanding any other provision of law, the United States District Court for the District of Columbia shall have exclusive jurisdiction to hear all causes and claims under this title or any other provision of law that arise from any covered energy project.

222.

Time for filing complaint

All causes and claims referred to in section 221 must be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned. Any cause or claim not filed within that time period shall be barred.

223.

District Court for the District of Columbia deadline

(a)

In general

All proceedings that are subject to section 221—

(1)

shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause or claim is filed; and

(2)

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.

224.

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 221 may be reviewed by no other court except the Supreme Court.

225.

Deadline for appeal to the Supreme Court

If a writ of certiorari has been granted by the Supreme Court pursuant to section 224, then—

(1)

the interlocutory or final judgment, decree, or order of the district court shall be resolved as expeditiously as possible and in any event not more than 180 days after such interlocutory or final judgment, decree, order of the district court is issued; and

(2)

all such proceedings shall take precedence over all other matters then before the Supreme Court.

226.

Covered energy project defined

In this subtitle, the term covered energy project means any action or decision by the President or a Federal official regarding—

(1)

the leasing of Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, including actions and decisions regarding the selection or offering of Federal lands for such leasing; or

(2)

any action under such a lease.

227.

Limitation on application

This subtitle shall not apply with respect to a covered energy project to the extent such application would be inconsistent with subtitle C.

C

Permitting reform

231.

Purposes

The purposes of this subtitle are to—

(1)

respond to the Nation’s increased need for domestic energy resources;

(2)

facilitate interagency coordination and cooperation in the processing of permits required to support oil and gas use authorization on Federal lands, both onshore and on the Outer Continental Shelf, in order to achieve greater consistency, certainty, and timeliness in permit processing requirements;

(3)

promote process streamlining and increased interagency efficiency, including elimination of interagency duplication of effort;

(4)

improve information sharing among agencies and understanding of respective agency roles and responsibilities;

(5)

promote coordination with State agencies with expertise and responsibilities related to Federal oil and gas permitting decisions;

(6)

promote responsible stewardship of Federal oil and gas resources;

(7)

maintain high standards of safety and environmental protection; and

(8)

enhance the benefits to Federal permitting already occurring as a result of a coordinated and timely interagency process for oil and gas permit review for certain Federal oil and gas leases.

232.

Federal Coordinator

(a)

Establishment

There is established, as an independent agency in the Executive Branch, the Office of the Federal Oil and Gas Permit Coordinator.

(b)

Federal permit coordinator

The Office shall be headed by a Federal Permit Coordinator, who shall be appointed by the President within 90 days after the date of enactment of this Act.

(c)

Duties

The Federal Permit Coordinator shall be responsible for the following:

(1)

Coordinating the timely completion of all permitting activities by Federal agencies, and State agencies to the maximum extent practicable, with respect to any oil and gas project under a Federal lease issued pursuant to the mineral leasing laws, either onshore or on the Outer Continental Shelf. For purposes of this subtitle only, such oil and gas projects shall include oil shale projects under Federal oil shale leases.

(2)

Ensuring the compliance of Federal agencies, and State agencies to the extent they participate, with this subtitle.

233.

Regional Offices and Regional Permit Coordinators

(a)

Regional offices

Within 90 days after the date of appointment of the Federal Permit Coordinator, the Secretary of the Interior (Secretary), in consultation with the Federal Permit Coordinator, shall establish regional offices to coordinate review of Federal permits for oil and gas projects on Federal lands onshore and on the Outer Continental Shelf.

(b)

Number and location of regional offices

The number of regional offices shall be established by the Secretary in consultation with the Federal Permit Coordinator. The Secretary shall ensure that there is an adequate number of offices in each region proximate to available Federal oil and gas lease tracts onshore and on the Outer Continental Shelf to meet the demands for expeditious permitting in that region. The Secretary shall designate as regional offices under this section all offices established under section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924).

(c)

Memorandum of understanding

Within 90 days after the appointment of the Federal Permit Coordinator, the Federal Permit Coordinator, the Secretary, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency, the Secretary of Defense, and the head of any other Federal agency with responsibilities related to permitting of Federal oil and gas leases, shall enter into a memorandum of understanding (MOU) establishing respective duties and responsibilities for staffing the regional offices and accomplishing the objectives of this section.

(d)

Designation of qualified staff

(1)

In general

Not later than 30 days after the date of signing of the MOU under subsection (c), all Federal signatory agencies shall assign to each regional office the appropriate employees with expertise in the oil and gas permitting issues relating to that office, including, but not limited, with respect to—

(A)

consultation and 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.);

(E)

the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (NEPA);

(F)

applications for permits to drill under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and

(G)

exploration plans and development and production plans under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

(2)

Preference and incentives

To the maximum extent practicable, for purposes of this subsection, Federal agencies shall give preference to employees volunteering for reassignment to the regional offices, and shall offer incentives to attract and retain regional office employees, including, but not limited to, retaining contract employees, rotational assignments, salary incentives of up to 120 percent of an employee’s existing salary immediately prior to reassignment, or any combination of strategies.

(e)

Duties

Each employee assigned under subsection (d) shall—

(1)

within 90 days after the date of assignment, report to the regional office to which the employee is assigned;

(2)

be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and

(3)

participate as part of the team working on proposed oil and gas projects, planning, and environmental analyses.

(f)

Creation of and delegation of authority to regional permit coordinators

The Federal Permit Coordinator shall appoint a Regional Permit Coordinator to be located within each regional office established under this section, with full authority to act on behalf of the Federal Permit Coordinator.

(g)

Additional personnel

The Federal Permit Coordinator or Regional Permit Coordinators may at any time direct that any Federal agency party to the MOU under subsection (c) assign additional staff required to implement the duties of the regional offices.

234.

Reviews and actions of Federal agencies

(a)

Schedules for timely permit decisionmaking

Within 10 days after the date on which the Secretary receives any oil and gas permit application or amended application, the Secretary shall either notify the applicant that the application is complete or notify the applicant that information is missing and specify the information that is required to be submitted for the application to be complete. Within 30 days after notifying a permit applicant that an application is complete, the Secretary, in consultation with the permit applicant as necessary, shall determine and inform the Regional Permit Coordinator responsible for that project area whether the proposed permit is a class I, class II, or class III permit. The Regional Permit Coordinator shall as soon as possible but in no event later than 30 days following the Secretary’s determination establish a binding schedule to ensure the most expeditious possible review and processing of the requested permit, in accordance with this section.

(b)

Permit classes and schedules

(1)

Class I permits

An oil and gas permit shall be designated as a class I permit under this section if the permitted activity is of a nature that would typically require preparation of an environmental impact statement under NEPA to inform the permitting decision. For such permits, the Regional Permit Coordinator shall establish a schedule for timely completion of all permit reviews and processing, not to exceed 30 months. The Regional Permit Coordinator shall make the schedule publicly available within 10 days after the schedule is established.

(2)

Class II permits

An oil and gas permit shall be designated as a class II permit under this section if the permitted activity is of a nature that would typically be found not to significantly affect the quality of the human environment under NEPA. For such permits, the Regional Permit Coordinator shall establish the most expeditious schedule possible for completion of all permit reviews and processing, not to exceed 90 days. The Regional Permit Coordinator may grant a one-time extension of that schedule, not to exceed 60 days, upon a good cause showing that additional time is necessary to complete permit decisions. Not later than 15 days after establishing or extending any schedule for a class II permit, the Regional Permit Coordinator shall provide the permit applicant with the schedule.

(3)

Class III permits

Notwithstanding paragraphs (1) and (2), an oil and gas permit shall be designated as a class III permit under this section if the permitted activity either qualifies for a statutory or regulatory categorical exclusion under NEPA or if the requirements under NEPA and other applicable law for the permit have been completed within 30 days after the date of a complete application. For such permits, the permit shall be issued within 30 days after the date of a complete application.

(4)

Reclassification of class II permit

If prior to the expiration of the established schedule for a class II permit newly discovered information indicates that the class II permit will significantly affect the quality of the human environment, the Secretary may, in consultation with the permit applicant, reclassify the permit as a class I permit under paragraph (1), and the Regional Coordinator shall establish an amended schedule that complies with the provisions of that paragraph.

(c)

Reporting

The Regional Permit Coordinators shall include data on all schedule timing and compliance in their reports to the Federal Permit Coordinator required under subsection (i), who shall include such data in the report to the President and Congress required under subsection (i).

(d)

Dispute resolution

The Regional Permit Coordinator shall resolve all administrative issues that affect oil and gas permit reviews. The Regional Permit Coordinator shall report jointly to the Federal Permit Coordinator and to the head of the relevant action agency, or his or her designee, for resolution of any issue regarding an oil and gas permit that may result in missing the schedule deadlines established pursuant to subsection (b). The Regional Permit Coordinators shall include data regarding the incidence and resolution of disputes under this subsection in their reports to the Federal Permit Coordinator required under subsection (i), who shall include such reported data and develop recommendations in the report to the President and Congress required under subsection (i).

(e)

Remedies

An applicant for a class I permit may bring a cause of action to seek expedited mandamus review, if a Regional Permit Coordinator or the Secretary fails to—

(1)

establish a schedule in accordance with subsection (b);

(2)

enforce and ensure completion of reviews within schedule deadlines; or

(3)

take all actions as are necessary and proper to avoid jeopardizing the timely completion of the entire schedule.

If an agency fails to complete its review of and issue a decision upon a permit within the schedule established by the Court, that permit shall be deemed granted to the applicant.
(f)

Prohibition of certain terms and conditions

No Federal agency may include in any permit, right-of-way, or other authorization issued for an oil and gas project subject to the provisions of this subtitle, any term or condition that may be authorized, but is not required, by the provisions of any applicable law, if the Federal Permit Coordinator determines that such term or condition would prevent or impair in any significant respect completion of a permit review within the time schedule established pursuant to subsection (b) or would otherwise impair in any significant respect expeditious oil and gas development. The Federal Permit Coordinator shall not have any authority to impose any terms, conditions, or requirements beyond those imposed by any Federal law, agency, regulation, or lease term.

(g)

Consolidated record

The Federal Permit Coordinator, acting through the appropriate Regional Permit Coordinator, with the cooperation of Federal and State administrative officials and agencies, shall maintain a complete, consolidated record of all decisions made or actions taken by the Federal Permit Coordinator or Regional Permit Coordinator or by any Federal agency with respect to any oil and gas permit.

(h)

Relationship to NEPA and Energy Policy Act of 2005

(1)

Section 390(a) of the Energy Policy Act of 2005 (42 U.S.C. 15942(a)) is amended—

(A)

by striking rebuttable presumption that the use of a; and

(B)

by striking would apply.

(2)

Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is repealed.

(i)

Additional powers and responsibilities

(1)

Regional Permit Coordinator reports

The Regional Permit Coordinators shall each submit a report to the Federal Permit Coordinator by December 31 of each year that documents each office’s performance in meeting the objectives under this subtitle, including recommendations to further streamline the permitting process.

(2)

Redirection of priorities or resources

In order to expedite overall permitting activity, the Federal Permit Coordinator may redirect the priority of regional office activities or the allocation of resources among such offices, and shall engage the agencies that are parties to the MOU to the extent such adjustments implicate their respective staffs or resources.

(3)

Report to congress

Beginning three years after the date of enactment of this Act, the Federal Permit Coordinator shall prepare and submit a report to the President and Congress by April 15 of each year that outlines the results achieved under this subtitle and makes recommendations to the President and Congress for further improvements in processing oil and gas permits on Federal lands.

235.

State coordination

The Governor of any State wherein an oil and gas operation may require a Federal permit, or the coastline of which is in immediate geographic proximity to oil and gas operations on the Outer Continental Shelf, may be a signatory to the MOU for purposes of fulfilling any State responsibilities with respect to Federal oil and gas permitting decisions. The Regional Permit Coordinators shall facilitate and coordinate concurrent State reviews of requested permits for oil and gas projects on the Outer Continental Shelf.

236.

Savings provision

Except as expressly stated, nothing in this subtitle affects—

(1)

the applicability of any Federal or State law; or

(2)

any delegation of authority made by the head of a Federal agency the employees of which are participating in the implementation of this section.

237.

Administrative and Judicial Review

(a)

Administrative review

Any oil and gas permitting decision for Federal lands onshore or on the Outer Continental Shelf that was issued in accordance with the procedures established by this subtitle shall not be subject to further administrative review within the respective Federal agency responsible for that decision, and shall be the final decision of that agency for purposes of judicial review.

(b)

Exclusive jurisdiction over permit decisions

Only the United States District Court for the District of Columbia shall have original jurisdiction over any civil action for the review of such a permit decision.

(c)

Limitations on claims

Notwithstanding any other provision of law, any action arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for an oil and gas permit subject to this subtitle shall be barred unless it is filed within 90 days of the date of the decision. Nothing in this subtitle shall create a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval.

(d)

Filing of record

When any civil action is brought pursuant to this subtitle, the Federal Permit Coordinator shall immediately prepare for the court a consolidated record.

(e)

Expedited review

Any action for judicial review challenging a decision approved pursuant to this section shall be set for consideration by not later than 90 days after the date the action is filed.

(f)

Expedited mandamus review

Notwithstanding subsection (e), within 30 days after the filing of an action challenging or seeking to enforce an established permit review schedule for a class I permit, the court shall issue a decision either compelling permit issuance or sanctioning the delay and establishing a new schedule that enables the most expeditious possible completion of proceedings. In rendering its decision, the court shall review whether the agencies subject to the schedule have been acting in good faith, whether the permit applicant has been cooperating fully with the agencies that are responsible for issuing the requested permits, and any other relevant matters. The court may issue orders to enforce any schedule it establishes under this subsection.

(g)

No private right of action

This subtitle shall not be construed to create any additional right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a person against the United States, its agencies, its officers, or any person.

(h)

Finality of leasing decisions

Notwithstanding the provisions of any law or regulation to the contrary, a decision by the Bureau of Land Management or the Minerals Management Service to issue a Final Notice of Sale and proceed with an oil and gas lease sale pursuant to any mineral leasing law shall not be subject to further administrative review within the Department of the Interior, and shall be the final decision of the agency for purposes of judicial review.

238.

Amendments to publication process

Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended—

(1)

by amending subsection (c)(2) to read as follows:

(2)

The Secretary shall publish a proposed leasing program in the Federal Register, and shall submit a copy of such proposed program to the Governor of each affected State, for review and comment. The Governor may solicit comments from those executives of local governments in his State which he, in his discretion, determines will be affected by the proposed program.

;

(2)

by striking subsection (c)(3); and

(3)

in subsection (d)(2) by inserting final after proposed.

239.

Repeal of fee for permits to drill

Public Law 110–161 is amended under the heading Bureau of Land Management_management of lands and resources (121 Stat. 2098) by striking to be reduced by amounts collected by the Bureau and credited to this appropriation that shall be derived from $4,000 per new application for permit to drill that the Bureau shall collect upon submission of each new application,.

240.

Alaska Offshore Continental Shelf Coordination Office

(a)

Establishment

The Secretary of the Interior shall establish and maintain, in coordination with the Mayor of the North Slope Borough of Alaska, a separate office to be known as the Alaska Offshore Continental Shelf Coordination Office.

(b)

Purpose

The purpose of the office shall be to—

(1)

coordinate the leasing of the Outer Continental Shelf off the coast of Alaska;

(2)

advise persons awarded such leases on local conditions and the history of areas affected by development of the oil and gas resources of the Outer Continental Shelf off the coast of Alaska;

(3)

provide to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate annual reports on the status of the coordination between such and communities affected by such development;

(4)

collect from residents of the North Slope of Alaska information regarding the impacts of such development on marine wildlife, coastal habitats, marine and coastal subsistence resources, and the marine and coastal environment of Alaska’s North Slope region; and

(5)

ensure that the information collected under paragraph (3) is submitted to—

(A)

developers of such resources; and

(B)

any appropriate Federal agency.

III

Relief From Regulations and Prohibitions that Cause Artificial Price Increases

A

Relief from EPA climate change regulations and Federal prohibitions on synthetic fuels

301.

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.

302.

Repeal of Federal ban on synthetic fuels purchasing requirement

Section 526 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17142) is repealed.

B

Refinery reform

311.

Refinery permitting process

(a)

Definitions

In this section:

(1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

Expansion

The term expansion means a physical change that results in an increase in the capacity of a refinery.

(3)

Indian tribe

The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(4)

Permit

The term permit means any permit, license, approval, variance, or other form of authorization that a refiner is required to obtain—

(A)

under any Federal law; or

(B)

from a State or Indian tribal government agency delegated authority by the Federal Government, or authorized under Federal law, to issue permits.

(5)

Refiner

The term refiner means a person that—

(A)

owns or operates a refinery; or

(B)

seeks to become an owner or operator of a refinery.

(6)

Refinery

(A)

In general

The term refinery means—

(i)

a facility at which crude oil is refined into transportation fuel or other petroleum products; and

(ii)

a coal liquification or coal-to-liquid facility at which coal is processed into synthetic crude oil or any other fuel.

(B)

Inclusions

The term refinery includes an expansion of a refinery.

(7)

Refinery permitting agreement

The term refinery permitting agreement means an agreement entered into between the Administrator and a State or Indian tribe under subsection (b).

(8)

Secretary

The term Secretary means the Secretary of Commerce.

(9)

State

The term State means—

(A)

a State;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico; and

(D)

any other territory or possession of the United States.

(b)

Streamlining of refinery permitting process

(1)

In general

At the request of the Governor of a State or the governing body of an Indian tribe, the Administrator shall enter into a refinery permitting agreement with the State or Indian tribe under which the process for obtaining all permits necessary for the construction and operation of a refinery shall be streamlined using a systematic interdisciplinary multimedia approach as provided in this section.

(2)

Authority of Administrator

Under a refinery permitting agreement the Administrator shall have authority, as applicable and necessary, to—

(A)

accept from a refiner a consolidated application for all permits that the refiner is required to obtain to construct and operate a refinery;

(B)

in consultation and cooperation with each Federal, State, or Indian tribal government agency that is required to make any determination to authorize the issuance of a permit, establish a schedule under which each agency shall—

(i)

concurrently consider, to the maximum extent practicable, each determination to be made; and

(ii)

complete each step in the permitting process; and

(C)

issue a consolidated permit that combines all permits issued under the schedule established under subparagraph (B).

(3)

Agreement by the State

Under a refinery permitting agreement, a State or governing body of an Indian tribe shall agree that—

(A)

the Administrator shall have each of the authorities described in paragraph (2); and

(B)

each State or Indian tribal government agency shall—

(i)

in accordance with State law, make such structural and operational changes in the agencies as are necessary to enable the agencies to carry out consolidated project-wide permit reviews concurrently and in coordination with the Environmental Protection Agency and other Federal agencies; and

(ii)

comply, to the maximum extent practicable, with the applicable schedule established under paragraph (2)(B).

(4)

Deadlines

(A)

New refineries

In the case of a consolidated permit for the construction of a new refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than—

(i)

360 days after the date of the receipt of the administratively complete application for the consolidated permit; or

(ii)

on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 90 days after the expiration of the deadline established under clause (i).

(B)

Expansion of existing refineries

In the case of a consolidated permit for the expansion of an existing refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than—

(i)

120 days after the date of the receipt of the administratively complete application for the consolidated permit; or

(ii)

on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 30 days after the expiration of the deadline established under clause (i).

(5)

Federal agencies

Each Federal agency that is required to make any determination to authorize the issuance of a permit shall comply with the applicable schedule established under paragraph (2)(B).

(6)

Judicial review

Any civil action for review of any permit determination under a refinery permitting agreement shall be brought exclusively in the United States district court for the district in which the refinery is located or proposed to be located.

(7)

Efficient permit review

In order to reduce the duplication of procedures, the Administrator shall use State permitting and monitoring procedures to satisfy substantially equivalent Federal requirements under this subtitle.

(8)

Severability

If 1 or more permits that are required for the construction or operation of a refinery are not approved on or before any deadline established under paragraph (4), the Administrator may issue a consolidated permit that combines all other permits that the refiner is required to obtain other than any permits that are not approved.

(9)

Savings

Nothing in this subsection affects the operation or implementation of otherwise applicable law regarding permits necessary for the construction and operation of a refinery.

(10)

Consultation with local governments

Congress encourages the Administrator, States, and tribal governments to consult, to the maximum extent practicable, with local governments in carrying out this subsection.

(11)

Effect on local authority

Nothing in this subsection affects—

(A)

the authority of a local government with respect to the issuance of permits; or

(B)

any requirement or ordinance of a local government (such as a zoning regulation).

(c)

Fischer-Tropsch fuels

(1)

In general

In cooperation with the Secretary of Energy, the Secretary of Defense, the Administrator of the Federal Aviation Administration, Secretary of Health and Human Services, and Fischer-Tropsch industry representatives, the Administrator shall—

(A)

conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer-Tropsch transportation fuel, including diesel and jet fuel;

(B)

evaluate the use of ultra-clean Fischer-Tropsch transportation fuel as a mechanism for reducing engine exhaust emissions; and

(C)

submit recommendations to Congress on the most effective use and associated benefits of these ultra-clean fuel for reducing public exposure to exhaust emissions.

(2)

Guidance and technical support

The Administrator shall, to the extent necessary, issue any guidance or technical support documents that would facilitate the effective use and associated benefit of Fischer-Tropsch fuel and blends.

(3)

Requirements

The program described in paragraph (1) shall consider—

(A)

the use of neat (100 percent) Fischer-Tropsch fuel and blends with conventional crude oil-derived fuel for heavy-duty and light-duty diesel engines and the aviation sector; and

(B)

the production costs associated with domestic production of those ultra-clean fuel and prices for consumers.

(4)

Reports

The Administrator shall submit to the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives—

(A)

not later than 1 year after the date of enactment of this Act, an interim report on actions taken to carry out this subsection; and

(B)

not later than 2 years after the date of enactment of this Act, a final report on actions taken to carry out this subsection.

312.

Existing refinery permit application deadline

Notwithstanding any other provision of law, applications for a permit for existing refinery applications shall not be considered to be timely if submitted after 120 days after the date of enactment of this Act.