< Back to H.R. 4301 (112th Congress, 2011–2013)

Text of the Energy Exploration and Production to Achieve National Demand Act

This bill was introduced on March 29, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 29, 2012 (Introduced).

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I

112th CONGRESS

2d Session

H. R. 4301

IN THE HOUSE OF REPRESENTATIVES

March 29, 2012

(for himself, Mr. Wilson of South Carolina, Mr. Poe of Texas, Mr. Harris, Mr. Westmoreland, Mr. Gohmert, Mr. Graves of Georgia, Mr. Broun of Georgia, Mr. Mulvaney, Mr. Scott of South Carolina, Mr. Gowdy, and Mr. Landry) 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, the Judiciary, Rules, Ways and Means, Agriculture, Armed Services, and Oversight and Government Reform, 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 contribute to the growth of the American economy and the strength of American national security by streamlining regulatory permitting procedures and increasing domestic production from all energy sources.

1.

Short title

This Act may be cited as the Energy Exploration and Production to Achieve National Demand Act or the EXPAND Act.

2.

Table of contents

The table of contents for this Act is the following:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Findings and purposes.

Sec. 4. Statement of policy.

Sec. 5. Definitions.

Title I—Development of Federal Energy Resources

Subtitle A—Oil and Gas Leasing in the Gulf of Mexico

Sec. 101. Leasing in the Eastern Gulf of Mexico.

Sec. 102. Extension of deepwater oil and natural gas leases in Gulf of Mexico.

Subtitle B—Scheduled Leasing, Exploration, and Development of Oil and Natural Gas in the Federal Outer Continental Shelf

Sec. 121. Expanded outer Continental Shelf lease sales.

Sec. 122. Geological and geophysical activities in expanded leasing areas.

Sec. 123. Payments from areas newly available to leasing.

Sec. 124. Definitions under the Outer Continental Shelf Lands Act.

Sec. 125. Determination of adjacent zones and planning areas.

Subtitle C—Leasing, Exploration, and Development of Oil and Natural Gas Resources in Portions of the Coastal Plain of Alaska

Sec. 131. Establishment of leasing program for Coastal Plain.

Sec. 132. Conduct of leasing program.

Sec. 133. Federal and State distribution of revenues.

Sec. 134. Rights-of-way across the Coastal Plain.

Sec. 135. Conveyance.

Sec. 136. Local government impact aid and community service assistance.

Subtitle D—Improvement of Interagency Coordination and Cooperation in the Processing of Federal Permits for Production of Domestic Oil and Gas Resources

Sec. 141. Regulatory certainty.

Sec. 142. Regional offices and regional permit coordinators.

Sec. 143. Reviews and actions of Federal agencies.

Sec. 144. Lead agency.

Sec. 145. Congressional review of agency rulemaking.

Sec. 146. State coordination regarding Federal oil and gas permitting.

Sec. 147. State consultation.

Sec. 148. Savings provision.

Sec. 149. Review of agency permitting decisions.

Sec. 150. Deadline for decision on agency appeals.

Subtitle E—Prohibition on New Wilderness or Wilderness Study Areas on Lands Administered by the BLM Without Congressional Approval; Indian land development

Sec. 161. Repeal of Executive order.

Sec. 162. Wilderness designation procedures.

Sec. 163. Future executive branch actions.

Sec. 164. Leases for development of natural resources on Indian lands.

Subtitle F—Legal Causes and Claims Pertaining to the Leasing and Development of Federal Lands for Exploration and Production of Oil, Natural Gas, Associated Hydrocarbons, and Oil Shale

Sec. 171. Oil shale, tar sands, and other strategic unconventional fuels.

Sec. 172. Energy production on Federal lands.

Sec. 173. Jurisdiction.

Sec. 174. Judicial review.

Sec. 175. Time for filing petition for judicial review; standing, filing of record.

Sec. 176. Limitation on scope of review and relief.

Sec. 177. Exclusion.

Subtitle G—Development of Solar and Wind Energy on Public Land

Sec. 181. Definitions.

Sec. 182. Programmatic environmental impact statements and land use planning.

Sec. 183. Development of solar and wind energy on public land.

Sec. 184. Disposition of revenues.

Subtitle H—Miscellaneous Provisions

Sec. 191. Military operations.

Sec. 192. Environmental sensitivity analysis under the program.

Sec. 193. Validity of existing leases.

Sec. 194. Integrity of lease sales and leasing schedule.

Sec. 195. Authority to conduct offshore drilling under approved permits.

Sec. 196. Time requirement to act on oil and natural gas drilling permits.

Sec. 197. Timely issuance of onshore oil and gas leases.

Sec. 198. State auditing.

Title II—Continental Pipeline Approval

Sec. 201. Keystone XL pipeline permit approval.

Title III—Radiological Material Repository

Sec. 301. Radiological material repository.

Title IV—Relief From Regulations and Prohibitions That Cause Artificial Price Increases

Sec. 401. Endangered Species Act of 1973 reform.

Sec. 402. Repeal of EPA climate change regulation.

Sec. 403. Repeal of Federal ban on synthetic fuels purchasing requirement.

Sec. 404. Repeal of ethanol mandates.

Title V—Refinery Reform

Sec. 501. Refinery permitting process.

Sec. 502. Existing refinery permit application deadline.

Title VI—Repeal of Energy Tax Subsidies

Sec. 600. Amendment of 1986 code.

Sec. 601. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures.

Sec. 602. Repeal of credit for certain plug-in electric vehicles.

Sec. 603. Early termination of credit for qualified fuel cell motor vehicles.

Sec. 604. Repeal of alternative fuel vehicle refueling property credit.

Sec. 605. Repeal of credit for alcohol used as fuel.

Sec. 606. Repeal of credit for biodiesel and renewable diesel used as fuel.

Sec. 607. Repeal of enhanced oil recovery credit.

Sec. 608. Termination of credit for electricity produced from certain renewable resources.

Sec. 609. Repeal of credit for producing oil and gas from marginal wells.

Sec. 610. Termination of credit for production from advanced nuclear power facilities.

Sec. 611. Repeal of credit for carbon dioxide sequestration.

Sec. 612. Termination of energy credit.

Sec. 613. Repeal of qualifying advanced coal project.

Sec. 614. Repeal of qualifying gasification project credit.

Sec. 615. Repeal of American Recovery and Reinvestment Act of 2009 energy grant program.

Title VII—Regulatory Relief

Sec. 701. Legislative stay.

Sec. 702. Compliance dates.

Sec. 703. Energy recovery and conservation.

Sec. 704. Other provisions.

Sec. 705. Management and disposal of coal combustion residuals.

Title VIII—Attainment of National Ambient Air Quality Standards

Sec. 801. Air quality monitoring and modeling methodologies.

Sec. 802. Extending compliance for NAAQS attainment for downwind States.

Title IX—Sub-Basin Reporting of Greenhouse Gas Emissions

Sec. 901. Sub-basin reporting of greenhouse gas emissions.

Title X—Implementation of National Ocean Policy

Sec. 1001. Prohibition on use of funds.

Title XI—Other Provisions

Sec. 1101. Administrative record.

Sec. 1102. Statement of energy effects.

Sec. 1103. Priority-Energy Project permit duration.

Sec. 1104. Exemption for takings of migratory bird incidental to energy development and production.

3.

Findings and purposes

(a)

Findings

The Congress finds that—

(1)

the United States spends over $1,000,000,000 per day to import crude oil from foreign countries, representing the largest wealth transfer in history;

(2)

the domestic oil and natural gas industry is responsible for approximately 9.2 million jobs;

(3)

the United States has substantial undeveloped oil and natural gas resources underlying Federal lands;

(4)

multiple legal challenges relating to the leasing, exploration, and development of Federal lands can significantly delay and even prevent these desperately needed oil and natural gas resources from reaching the American public;

(5)

expedited and focused judicial review of legal challenges to proposed oil and natural gas development activities is necessary to ensure that additional American oil and natural gas resources are made available without undue delay to American consumers;

(6)

the approximately 43 million leased outer Continental Shelf acres currently account for about 15 percent of the United States domestic natural gas production and about 27 percent of the United States domestic oil production;

(7)

the leasing of these domestic offshore areas for oil and natural gas development provides significant economic benefits to the Federal Government, as well as to States and localities, through the creation and sustenance of jobs and domestic product;

(8)

the Federal Government distributed over $10,000,000,000 to Federal, State and Indian accounts from energy production during fiscal year 2009, primarily from oil and natural gas production;

(9)

the outer Continental Shelf is a vital national resource reserve held by the Federal Government for the public, which should be made available for expeditious and orderly development, subject to environmental safeguards, in a manner that is consistent with the maintenance of competition and other national needs;

(10)

Executive Order 13563 on Improving Regulation and Regulatory Review, issued on January 18, 2011, requires that to the extent permitted by law, each agency must, among other things—

(A)

propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify);

(B)

tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations;

(C)

select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity);

(D)

to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and

(E)

identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public;

(11)

Executive Order 13547 on Stewardship of the Ocean, Our Coasts, and the Great Lakes, issued on July 19, 2010, provides for the development of coastal and marine spatial plans (CMSP) that build upon and improve existing Federal, State, tribal, local, and regional decisionmaking and planning processes;

(12)

the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) already provides a comprehensive and complete framework for undertaking oil and gas activities within the framework of a CMSP-based program;

(13)

through the Outer Continental Shelf Lands Act, Congress has already established the process for development of coastal and marine spatial plans for oil and gas leasing and other authorizations, and it is not necessary to create a new regulatory regime as this would go against the Executive Order;

(14)

the Coastal Plain of Alaska is an important potential new source of domestic oil and gas production;

(15)

the delivery of oil from Alberta, Canada, to domestic markets in the United States is in the national interest of the United States, and the earliest possible completion of the Keystone XL pipeline will best serve the national interest;

(16)

there are 104 nuclear reactors currently operating in the United States, providing 20 percent of the electricity of the United States, slightly less than the electricity generated by natural gas;

(17)

nuclear energy is the largest provider of clean, low-carbon electricity, almost 8 times larger than all renewable power production combined, excluding hydroelectric power;

(18)

nuclear power is responsible for 72 percent of emission-free electricity production in the United States and is an essential tool for greenhouse gas reduction;

(19)

nuclear power plants virtually eliminate emissions of greenhouse gases and criteria pollutants associated with acid rain, smog, or ozone;

(20)

nuclear energy supplies consistent, baseload electricity, independent of environmental conditions;

(21)

nuclear power is a safe, reliable, efficient, and affordable source of energy;

(22)

between 1960 and 1980, the Nuclear Regulatory Commission issued 169 permits to construct nuclear power facilities;

(23)

even if every nuclear power plant is granted a 20-year extension, all currently operating nuclear power plants will be retired by 2055;

(24)

long lead times for nuclear power plant licensing, permitting, and construction indicate that action to stimulate the nuclear power industry should not be delayed;

(25)

there are 17 combined operating license applications currently pending before the Nuclear Regulatory Commission for 26 new reactors in the United States, with 4 applications inactive due to regulatory uncertainty;

(26)

those proposed reactors will use the latest in nuclear technology for efficiency and safety, more advanced than the technology of the 1960s and 1970s found in the reactors currently operating in the United States;

(27)

increasing nuclear power threefold will create 480,000 construction jobs, 140,000 permanent jobs, and $20,000,000,000 in local, State, and Federal tax revenue each year;

(28)

increasing nuclear power threefold will reduce electricity-based carbon dioxide emissions by 1,400,000,000 metric tons annually and will reduce carbon emissions by 65 percent from current emissions levels by 2050;

(29)

increasing nuclear power threefold will produce 320 gigawatts of electricity to power 237,000,000 households and constitute 52 percent of the United States electricity portfolio by 2030;

(30)

the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) requires the Federal Government to take ownership of high-level radioactive waste and spent nuclear fuel and build a permanent geologic repository in which to store such waste;

(31)

the Nuclear Waste Policy Act of 1982, as amended in 1987, selected the Yucca Mountain site to be the sole geologic repository in which to store high-level radioactive waste and spent nuclear fuel;

(32)

the Congress reaffirmed Yucca Mountain as the sole candidate site for a geologic repository in 2001;

(33)

despite such laws, the Government has failed to accept high-level radioactive waste and spent nuclear fuel from utilities and has delayed construction of the Yucca Mountain repository;

(34)

failure to accept high-level radioactive waste and spent nuclear fuel has led to more than 74 lawsuits filed by utilities against the Government, $1,000,000,000 in settlements being paid, and an estimated $16,200,000,000 in potential liabilities to settle remaining lawsuits;

(35)

each year the Government refuses to accept high-level radioactive waste and spent nuclear fuel adds an estimated $500,000,000 in additional liabilities associated with future lawsuits;

(36)

the failure of the Federal Government to accept high-level radioactive waste and spent nuclear fuel from utilities is a significant barrier to the future development of additional nuclear power;

(37)

the United States has 58,000 tons of radiological material stored at more than 100 sites in 39 States;

(38)

the 104 commercial nuclear reactors operating in the United States produce approximately 2,000 tons of spent nuclear fuel every year;

(39)

the Yucca Mountain repository’s capacity is statutorily limited to 70,000 tons of waste but can safely hold 120,000 tons;

(40)

operators who have paid into the Nuclear Waste Fund have been denied access to permanent storage of radiological material as promised by the Federal Government;

(41)

permanent geologic storage capacity is a finite resource on which the industry depends; and

(42)

operators have the technical expertise to develop new and more efficient processes of disposing of new radiological material.

(b)

Purposes

The purposes of this Act are to—

(1)

promote expansion of domestic employment opportunities;

(2)

respond to the Nation’s increased need for domestic energy resources, including oil and natural gas resources;

(3)

support the utilization of the outer Continental Shelf for oil and gas production and transmission;

(4)

confirm and ensure the validity of oil and gas leases issued under the Final Outer Continental Shelf Oil and Gas Leasing Program, 2007–2012;

(5)

ensure the continued leasing of outer Continental Shelf areas pursuant to the Final Outer Continental Shelf Oil and Gas Leasing Program, 2007–2012;

(6)

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;

(7)

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

(8)

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

(9)

promote coordination with State agencies with expertise and responsibilities related to Federal oil and gas permitting decisions, and balance Federal interests with the interests and well-being of State and local communities;

(10)

promote responsible stewardship of Federal oil and gas resources;

(11)

maintain high standards of safety and environmental protection; and

(12)

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.

4.

Statement of policy

It is the policy of the United States, given the importance of making a transition to a clean energy, low-carbon economy, to facilitate the continued development and growth of a safe and clean nuclear energy industry through reductions in financial, regulatory, and technical barriers to construction and operation.

5.

Definitions

For purposes of this Act—

(1)

Act

The term Act means the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

(2)

Authorizing leasing statute

The term authorizing leasing statute means the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), and any other law authorizing the use or disposition of Federal lands for oil and gas production or transmission.

(3)

Coastal plain

The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.

(4)

Covered oil and natural gas activity

The term covered oil and natural gas activity means—

(A)

the leasing or other disposition of any lands pursuant to an authorizing leasing statute for the exploration, development, production, processing, or transmission of oil, natural gas, or associated hydrocarbons, and oil shale, including actions or decisions relating to the selection of which lands may or shall be made available for such leasing; and

(B)

any activity taken or proposed to be taken pursuant or in relation to such leases, including their suspension, and any environmental analyses relating to such activity.

(5)

Other terms

Any terms used in this Act shall have the meaning such term has in the Act.

(6)

Priority energy project

The term Priority Energy Project means a project or facility in the United States whose operation results in the production of a domestic supply of energy or the generation of electricity.

(7)

Priority energy project developer

The term Priority Energy Project Developer means a person, organization, or other entity that owns or operates a Priority Energy Project.

(8)

Program

The term program means a Final Outer Continental Shelf Oil and Gas Leasing Program issued pursuant to section 18 of the Act (43 U.S.C. 1344).

(9)

Secretary

The term Secretary means the Secretary of the Interior, unless otherwise indicated.

I

Development of Federal Energy Resources

A

Oil and Gas Leasing in the Gulf of Mexico

101.

Leasing in the Eastern Gulf of Mexico

(a)

Termination of moratorium

Section 104 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is amended by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively.

(b)

National defense area

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

(1)

by striking The United States and inserting the following:

(1)

In general

The United States

; and

(2)

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.

.

(c)

Leasing of moratorium areas

(1)

Destin dome and pensacola areas

Within 1 year after the date of the enactment of this Act, the Secretary shall offer for leasing under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Destin Dome (OPD NH 16–08) and Pensacola (OPD NH 16–05) areas.

(2)

Other areas

As soon as practicable after the date of enactment of this Act, the Secretary shall offer for leasing under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), any other areas in the Eastern Gulf of Mexico Planning Area that are made available for leasing pursuant to subsection (a).

(3)

Administration

The areas described in paragraphs (1) and (2) shall be offered for lease under this section notwithstanding the omission of any of those areas from the 5-year leasing program approved by the Secretary under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) in effect at the time of the lease sale. The Secretary shall include the areas described in paragraphs (1) and (2) in any 5-year leasing program approved after the date of enactment of this Act.

(d)

Coastal Zone Management Act of 1972 review

The Secretary’s decision to hold a lease sale for the areas described in section 101(c) shall not be subject to consistency review under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).

102.

Extension of deepwater oil and natural gas leases in Gulf of Mexico

(a)

Definition of covered lease

In this section the term covered lease means each oil and gas lease for the Gulf of Mexico Outer Continental Shelf region issued under section 8(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)) that was not producing as of April 30, 2010.

(b)

Extension of covered leases

The Secretary of the Interior shall extend the term of a covered lease by 24 months.

(c)

Minimum deepwater well requirement

If fewer than 20 exploration or development wells have been spudded on deepwater leases in the Gulf of Mexico within 18 months after the date of enactment of this Act, the 24-month period under subsection (b) for deepwater leases (water depths of 500 feet or greater) shall be extended by an additional 18 months.

(d)

Effect of extension on suspensions

The lease term extension under this Act shall be in addition to any lease term suspension either granted or directed under section 5(a)(1) of the Act (43 U.S.C. 1334(a)(1)) prior to or following the date of enactment of this Act.

(e)

Lease reinstatement

The Secretary shall reinstate any lease subject to subsection (a) that expired between April 30, 2010 and the date of enactment of this Act, with a new expiration date as provided in subsection (b).

B

Scheduled Leasing, Exploration, and Development of Oil and Natural Gas in the Federal Outer Continental Shelf

121.

Expanded outer Continental Shelf lease sales

(a)

In general

Beginning in fiscal year 2012, the Secretary shall conduct all lease sales included in Table A of the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015, issued January 2009. All such lease sales shall be conducted in accordance with this section.

(b)

EIS

The Secretary is deemed to have issued a final environmental impact statement for the program described in subsection (a) 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)).

(c)

Exemption from consistency review

The Secretary’s decision to hold a lease sale required under this section shall not be subject to consistency review under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq).

(d)

Leasing program

The Secretary shall prepare and make available a 2015–2020 Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program no later than 1 year after the date of enactment of this Act.

(e)

Requirement To maintain program

The Secretary’s implementation of the requirements of this section shall fulfill the requirement under section 19 of the Act (43 U.S.C. 1345) to maintain an oil and gas leasing program through June 30, 2015.

122.

Geological and geophysical activities in expanded leasing areas

(a)

EIS for Atlantic OCS Planning Area

Within 1 year after the date of enactment of this Act, the Secretary shall issue a Final Programmatic Environmental Impact Statement and Record of Decision pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), assessing the environmental effects of geological and geophysical activities in the Atlantic Outer Continental Shelf Planning Area.

(b)

Permits for Atlantic OCS Planning Area

The Secretary shall approve any permit that meets the requirements of the Act for geologic and geophysical activities in the Atlantic Outer Continental Shelf Planning Area, including areas in the Southern Atlantic outer Continental Shelf.

(c)

Preliminary EIS for Southern California OCS Planning Area

Not later than 18 months after the date of enactment of this Act, the Secretary shall issue a Preliminary Environmental Impact Statement pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to assess the environmental impacts of geophysical activities in the Southern California Outer Continental Shelf Planning Area.

123.

Payments from areas newly available to leasing

(a)

In general

Notwithstanding section 9 of the Act (43 U.S.C. 1338), upon enactment of this Act and each fiscal year thereafter, 37.5 percent of all bonuses, rents, royalties, and other sums due and payable to the United States received on or after enactment of this Act from outer Continental Shelf leases entered into on or after the date of enactment of this Act shall be paid to the coastal States that are Adjacent States with respect to such leases. Such payment shall be allocated to each such Adjacent State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of the Adjacent State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract.

(b)

Exclusions

Subsection (a) shall not apply to—

(1)

revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; and

(2)

revenues generated from leases subject to section 8(g) of the Act (43 U.S.C. 1137(g)).

(c)

Use of payments to States

Amounts paid to a State under subsection (a) shall be used by the State for such purposes as that State considers necessary.

(d)

Gulf of Mexico outer Continental Shelf revenues

(1)

Limitation on application

Subsection (a) 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.

(2)

Amount of Distributed Qualified Outer Continental Shelf Revenues

Section 105(f)(1) 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 amended by striking 2055 and inserting 2022, and shall not exceed $750,000,000 for each of fiscal years 2023 through 2055.

124.

Definitions under the Outer Continental Shelf Lands Act

Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended—

(1)

by amending paragraph (f) to read as follows:

(f)

The term affected State means the Adjacent State.

;

(2)

by striking the semicolon at the end of each of paragraphs (a) through (o) and inserting a period;

(3)

by striking ; and at the end of paragraph (p) and inserting a period;

(4)

by adding at the end the following:

(r)

The term Adjacent State means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted.

(s)

The term State includes all States having a coastline contiguous to the Arctic, Atlantic, or Pacific Ocean, or the Gulf of Mexico, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, American Samoa, Guam, the other territories of the United States, and the District of Columbia.

(t)

The term Adjacent Zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States.

(u)

The term miles means statute miles.

(v)

The term coastline has the same meaning as the term coast line as defined in section 2(c) of the Submerged Lands Act (43 U.S.C. 1301(c)).

(w)

The term Neighboring State means a coastal State having a common boundary at the coastline with the Adjacent State.

; and

(5)

in paragraph (a), by inserting after control the following: or lying within the United States Exclusive Economic Zone and outer Continental Shelf adjacent to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, American Samoa, Guam, or any other territory of the United States.

125.

Determination of adjacent zones and planning areas

Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the first sentence by striking , and the President and all that follows through the end of the sentence and inserting the following: . The lines extending seaward and defining each State’s Adjacent Zone, and the Atlantic OCS Planning Area, are as indicated on the maps for the Atlantic Outer Continental Shelf region entitled Atlantic OCS Region State Adjacent Zones and OCS Planning Areas, which is dated September 2005 and is on file in the Office of the Director, Minerals Management Service. The Secretary shall designate the Adjacent Zones of States, and additional OCS Planning Areas, for parts of the United States Exclusive Economic Zone and outer Continental Shelf not covered by those maps..

C

Leasing, Exploration, and Development of Oil and Natural Gas Resources in Portions of the Coastal Plain of Alaska

131.

Establishment of leasing program for Coastal Plain

The Secretary shall take such actions as are necessary—

(1)

to establish and implement, in accordance with this subtitle 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 an environmentally sound program for 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 minimize any significant adverse effects 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.

132.

Conduct of leasing program

(a)

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 in section 1 of such Act is amended by striking the item relating to section 1003.

(b)

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 subtitle 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 of 1980 (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, 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 subtitle before the conduct of the first lease sale.

(3)

Compliance with NEPA for other actions

Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this subtitle 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 subtitle 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 subtitle. In preparing or reviewing an environmental assessment pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any regulations promulgated thereto, an agency shall consider, in addition to any mitigation required by the agency, all applicable Federal, State, local, and other laws and regulations, guidelines, permit conditions, and any other requirements and best practices regarding a Priority Energy Project and any other actions considered in a cumulative effects analysis. Pursuant to that, the agency shall make a finding of no significant impact or a mitigated finding of no significant impact, as applicable, unless, presuming administrative regularity, the agency can conclusively demonstrate that the mitigation required by the agency and the applicable Federal, State, local, and other laws and regulations, guidelines, permit conditions, and any other requirements and best practices regarding a Priority Energy Project and any other actions considered in a cumulative effects analysis will not prevent or otherwise mitigate a significant impact on the human environment.

(c)

Relationship to State and local authority

Nothing in this subtitle shall be considered to limit State and local regulatory authority.

(d)

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 located outside the Special Area.

(e)

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 subtitle.

(f)

Regulations

The Secretary shall prescribe such regulations as may be necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 12 months after the date of enactment of this Act.

(g)

Lease sales

(1)

In general

Lands 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.).

(2)

Procedures

The Secretary shall, by regulation, establish procedures for—

(A)

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

(B)

the holding of lease sales after such nomination process; and

(C)

public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.

(3)

Lease sale bids

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

(4)

Acreage minimum in first sale

In 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 paragraph (2)(A), but in no case less than 200,000 acres.

(5)

Timing of lease sales

The Secretary shall—

(A)

conduct the first lease sale under this subtitle within 18 months after the date of the enactment of this Act;

(B)

evaluate the bids in such sale and issue leases resulting from such sale, within 90 days after the date of the completion of such sale; and

(C)

conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales.

(h)

Grant of leases by the Secretary

(1)

In general

The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to subsection (g) any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary.

(2)

Subsequent transfers

No lease issued under this subtitle 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.

(i)

Lease terms and conditions

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

(1)

provide for the payment of a royalty of 37½ percent in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases;

(2)

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;

(3)

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;

(4)

provide that the standard of reclamation for lands required to be reclaimed under this subtitle 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 approved by the Secretary;

(5)

contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 131(2);

(6)

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; and

(7)

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

(j)

Lease Approval deadlines

(1)

In general

Not later than 10 business days after the date on which an agency receives an application for any permit, authorization, or other agency action with respect to a lease under this subtitle, the agency shall—

(A)

notify the applicant that the application is complete; or

(B)

notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete.

(2)

Issuance or deferral

Not later than 30 days after the applicant for such a permit, authorization, or other agency action has submitted a complete application, the agency shall—

(A)

issue the permit; or

(B)
(i)

defer the decision on the permit; and

(ii)

provide to the applicant a notice that specifies any steps that the applicant could take for the permit to be issued.

(3)

Requirements for deferred applications

(A)

In general

If the agency provides notice under paragraph (2)(B), the applicant shall have a period of 2 years from the date of receipt of the notice in which to complete all requirements specified by the agency, including providing information needed for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(B)

Issuance of decision on permit

If the applicant completes the requirements within the period specified in subparagraph (A), the agency shall issue a decision on the permit not later than 10 days after the date of completion of the requirements described in subparagraph (A).

(C)

Denial of permit

If the applicant does not complete the requirements within the period specified in subparagraph (A) the agency shall deny the permit.

(4)

Agency requirements

In any application for a permit, authorization, or other agency action, the agency shall be prohibited from requiring the applicant to perform any analyses, studies, or other activities that are novel, unprecedented, or otherwise inconsistent with past requirements for permit applicants in the same or similar situations.

(5)

Failure to act

In the event the agency fails to meet any deadline set forth in this section, the agency shall immediately grant the requested permit, authorization, or other approval.

(k)

Coastal plain environmental protection

(1)

No significant adverse effect standard to govern authorized coastal plain activities

The Secretary shall, consistent with the requirements of paragraph (3), administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that—

(A)

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;

(B)

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

(C)

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 5,000 acres on the Coastal Plain.

(2)

Site-specific assessment and mitigation

The Secretary shall also require, with respect to any proposed drilling and related activities pursuant to this subtitle, that—

(A)

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;

(B)

a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under subparagraph (A); and

(C)

the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan.

(3)

Regulations to protect coastal plain fish and wildlife resources, subsistence users, and the environment

Before implementing the leasing program authorized by this subtitle, 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 subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle.

(4)

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 subtitle shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:

(A)

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.

(B)

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.

(C)

Design safety and construction standards for all pipelines and any access and service roads, that—

(i)

minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and

(ii)

minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.

(D)

Prohibitions on general public access and use on all pipeline access and service roads.

(E)

Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this subtitle, 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 subparagraph 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.

(F)

Appropriate prohibitions or restrictions on access by all modes of transportation.

(G)

Appropriate prohibitions or restrictions on sand and gravel extraction.

(H)

Consolidation of facility siting.

(I)

Appropriate prohibitions or restrictions on use of explosives.

(J)

Avoidance, to the extent practicable, of springs, streams, and river system; 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.

(K)

Avoidance or minimization of air traffic-related disturbance to fish and wildlife.

(L)

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.

(M)

Fuel storage and oil spill contingency planning.

(N)

Research, monitoring, and reporting requirements.

(O)

Field crew environmental briefings.

(P)

Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.

(Q)

Compliance with applicable air and water quality standards.

(R)

Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.

(S)

Reasonable stipulations for protection of cultural and archeological resources.

(T)

All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.

(l)

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.

(m)

Environmental appeals board

(1)

Limitation on delegation of authority

The Administrator of the Environmental Protection Agency shall not delegate any authority to the Environmental Appeals Board to consider, review, reject, remand, or otherwise invalidate any permit for activity under a lease under this title.

(2)

Performance by Secretary

The Administrator shall perform all duties currently assigned to the Environmental Appeals Board in the Secretary’s individual capacity.

(n)

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.

(o)

Access to public lands

The Secretary shall—

(1)

manage public lands in the Coastal Plain subject to subsections (a) and (b) of 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.

(p)

Expedited judicial review

(1)

Filing of complaint

(A)

Deadline

A complaint seeking judicial review of any provision of this section or any action of the Secretary under this section shall be filed—

(i)

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.

(B)

Venue

Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States Court of Appeals for the District of Columbia.

(C)

Limitation on scope of certain review

Judicial review of a Secretarial decision to conduct a lease sale under this subtitle, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with this subtitle 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 subtitle shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.

(2)

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.

133.

Federal and State distribution of revenues

(a)

In general

All adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle shall be subject to distribution in the same manner as for Federal oil and gas leases under section 35 of the Mineral Leasing Act (30 U.S.C. 191).

(b)

Payments to Alaska

Payments to the State of Alaska under this section shall be made semiannually.

134.

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 (30 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 132 provisions granting rights-of-way and easements described in subsection (a).

135.

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 effective 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.

136.

Local government impact aid and community service assistance

(a)

Financial assistance authorized

(1)

In general

The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2) and that are directly impacted by the exploration for or production of oil and gas on the Coastal Plain under this subtitle.

(2)

Eligible entities

The North Slope Borough, the City of Kaktovik, and any other borough, municipal subdivision, village, or other community in the State of Alaska that is directly impacted by exploration for, or the production of, oil or gas on the Coastal Plain under this subtitle, as determined by the Secretary, shall be eligible for financial assistance under this section.

(b)

Use of assistance

Financial assistance under this section may be used only for—

(1)

planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence values;

(2)

implementing mitigation plans and maintaining mitigation projects;

(3)

developing, carrying out, and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including fire-fighting, police, water, waste treatment, medivac, and medical services; and

(4)

establishment of a coordination office, by the North Slope Borough, in the City of Kaktovik, that shall—

(A)

coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; and

(B)

provide to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report on the status of coordination between developers and the communities affected by development.

(c)

Application

(1)

In general

Any community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation.

(2)

North slope borough communities

A community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough.

(3)

Application assistance

The Secretary shall work closely with and assist the North Slope Borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section.

(d)

Establishment of fund

(1)

In general

There is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund.

(2)

Use

Amounts in the fund may be used only for providing financial assistance under this section.

(3)

Deposits

Subject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from rents, bonuses, and royalties from Federal leases and lease sales authorized under this subtitle.

(4)

Limitation on deposits

The total amount in the fund may not exceed $11,000,000.

(5)

Investment of balances

The Secretary of the Treasury shall invest amounts in the fund in interest bearing government securities.

(e)

Authorization of appropriations

To provide financial assistance under this section there is authorized to be appropriated to the Secretary from the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal year.

D

Improvement of Interagency Coordination and Cooperation in the Processing of Federal Permits for Production of Domestic Oil and Gas Resources

141.

Regulatory certainty

(a)

In general

The relevant regulations, guidance, guidelines, and any other agency interpretations and rules that are in effect on the day on which a Priority Energy Project Developer submits an application for a permit, authorization, or other agency action regarding a Priority Energy Project shall remain in effect for purposes of the agency’s evaluation, review, or action on such application. In no event shall any regulations, guidance, guidelines, or any other agency interpretations and rules that become effective after such day be considered applicable to or otherwise controlling with regard to an agency’s evaluation, review, or action on such application.

(b)

Waiver

Upon providing written notice to an agency, a Priority Energy Project Developer may waive subsection (a) with respect to a specific permit application. In no event shall such waiver be construed as waiving subsection (a) regarding any other permit application or any other agency action for that same Priority Energy Project.

142.

Regional offices and regional permit coordinators

It is the sense of the Congress that—

(1)

within 180 days after enactment of this Act, the Secretary of the Interior should establish regional offices in Alaska and the contiguous 48 States to coordinate review of Federal permits for oil and gas projects on Federal lands onshore and on the outer Continental Shelf;

(2)

the regional offices should be responsible for 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, including oil and gas projects should include oil shale projects under Federal oil shale leases;

(3)

the number of regional offices should be established by the Secretary, ensuring 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;

(4)

the Secretary should designate as regional offices pursuant to paragraph (3) all offices established under section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924);

(5)

within 90 days after the enactment of this Act, the Secretary, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Transportation, the Administrator of the Environmental Protection Agency, the Chief of the Corps of Engineers, and the head of any other Federal agency with responsibilities related to permitting of Federal oil and gas leases, should enter into a memorandum of understanding establishing respective duties and responsibilities for staffing the regional offices and accomplishing the objectives of this section;

(6)

not later than 30 days after the date of signing of a memorandum pursuant to subsection (c), all Federal signatory agencies should assign to each regional office the appropriate employees with expertise in the oil and gas permitting issues relating to that office, including 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)

regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.);

(C)

planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.);

(D)

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

(E)

the preparation of analyses and the issuance of approvals as required under the Coastal Zone Management Act (33 U.S.C. 1451 et seq.);

(F)

authorizations pursuant to the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);

(G)

the issuance of permits as may be required for the discharge of dredged or fill material into the waters of the United States, including wetlands, under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344);

(H)

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

(I)

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

(J)

to the maximum extent practicable, for purposes of this paragraph, Federal agencies should give preference to employees volunteering for reassignment to the regional offices, and should offer incentives to attract and retain regional office employees, including 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;

(7)

each employee assigned pursuant to paragraph (6) should—

(A)

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

(B)

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

(C)

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

(8)

the Secretary should appoint a Regional Permit Coordinator to be located within each regional office established pursuant to this section, with full authority to act on behalf of the Secretary, and consistent with the purposes of this subtitle, the Regional Permit Coordinators should—

(A)

pursue interagency coordination and cooperation in the processing of permits required to support oil and gas use authorizations on Federal lands;

(B)

maintain or enhance high standards of safety and environmental protection through improved coordination;

(C)

achieve process streamlining and increased interagency efficiency, including elimination of duplication between Federal and State agencies;

(D)

seek improved information sharing and use, and an improved understanding of respective agency mandates, roles, and responsibilities;

(E)

provide a more consistent approach for the application of environmental science that will ensure environmental protection for all areas affected by outer Continental Shelf development, including Alaska; and

(F)

establish mechanisms to enhance coordination with State agencies with expertise and responsibilities related to oil and gas use authorizations.

143.

Reviews and actions of Federal agencies

(a)

Schedules for timely permit decisionmaking

(1)

Notification of applicant

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.

(2)

Classification of permit

Within 30 days after notifying such 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 the National Environmental Policy Act of 1969 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 the National Environmental Policy Act of 1969. 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 and categorical exclusions

(A)

In general

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 the National Environmental Policy Act of 1969 or if the requirements under the National Environmental Policy Act of 1969 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.

(B)

Purpose

It is recognized that the purpose for issuing a categorical exclusion is to eliminate the need for unnecessary paperwork and effort under the National Environmental Policy Act of 1969 for categories of actions that normally do not warrant preparation of an environmental impact statement or environmental assessment.

(C)

Rebuttable presumption

In the case of permits issued by the Bureau of Land Management, the activities described in section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) shall be entitled to a rebuttable presumption that a categorical exclusion shall apply if the activities are to be conducted pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.), unless the Bureau shall have found extraordinary circumstances to exist as a result of a review conducted in accordance with 43 CFR 46.20(c), 43 CFR 46.215, and chapter 4 and appendix 5 of the Bureau of Land Management NEPA Handbook, and shall have reported the findings of this review to the Regional Permit Coordinator within 30 days after the date of a complete application. If extraordinary circumstances exist in relation to the activities being considered, then the application shall be eligible for a class I or class II permit as appropriate under this section.

(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)

Dispute resolution

The Regional Permit Coordinator shall resolve all administrative issues that affect oil and gas permit reviews. The Regional Permit Coordinator shall report 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 Secretary.

(d)

Remedies

(1)

In general

An applicant for a class I permit may bring a cause of action to seek expedited mandamus review, pursuant to the procedures in section 174, if a Regional Permit Coordinator or the Secretary fails to—

(A)

establish a schedule in accordance with subsection (b);

(B)

enforce and ensure completion of reviews within schedule deadlines; or

(C)

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

(2)

Failure to comply with schedule

If an agency fails to complete its review of and issue a decision upon a permit within the schedule established by the Court pursuant to section 174, that permit shall be deemed granted to the applicant.

(e)

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 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. No Regional Permit Coordinator shall have any authority to impose any terms, conditions, or requirements beyond those imposed by any Federal law, agency, regulation, or lease term.

(f)

Consolidated record

The Secretary, 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 Regional Permit Coordinators or by any Federal agency with respect to any oil and gas permit.

(g)

Funding

The Secretary shall carry out this section with amounts that are otherwise available for related purposes.

144.

Lead agency

(a)

Applicability

The provisions of this section apply pursuant to this Act only where a Priority Energy Project is subject to the jurisdiction of more than one Federal agency or upon the election of the Priority Energy Project Developer.

(b)

Lead agency

The Federal Energy Regulatory Commission shall act as the lead agency for purposes of coordinating, reviewing, or otherwise granting any permit or authorization or other agency action regarding a Priority Energy Project pursuant to this Act.

(c)

Authority To set deadlines

The Federal Energy Regulatory Commission, in consultation with other Federal agencies and, as appropriate, with Indian tribes, multi-State entities, and State agencies that are willing to coordinate their own separate permitting and environmental reviews with the lead agency, shall establish prompt and binding intermediate milestones and final deadlines for the granting of permits or authorizations or other agency actions relating to the Priority Energy Project not later than 90 days following notification by a Priority Energy Project Developer that it is invoking the provisions of this section for its Priority Energy Project.

(d)

Requirement To meet deadlines

All Federal agencies shall meet the deadlines established under subsection (c) and cooperate fully with the Federal Energy Regulatory Commission in its capacity as lead agency pursuant to this Act. In the event an agency fails to act in accordance with a final deadline established pursuant to subsection (c) regarding a Priority Energy Project, the permit or authorization or other agency action shall be deemed granted and approved.

(e)

Appeals

As lead agency, the Federal Energy Regulatory Commission shall hear all agency appeals in lieu of an affected agency regarding a Priority Energy Project and in hearing such appeals is authorized to remand, reverse, or revise any agency decision.

(f)

Consolidated record

As lead agency, the Federal Energy Regulatory Commission, in consultation with other Federal agencies, shall prepare a single environmental review document, which shall be used as the basis for all decisions regarding the Priority Energy Project under Federal law. The document may be an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if warranted, or such other form of analysis.

(g)

Resources

All Federal agencies are required, upon request of the Federal Energy Regulatory Commission, as lead agency, to allocate personnel and other resources to assist it in fulfilling its obligations under this section.

(h)

Relationship to NEPA and Energy Policy Act of 2005

(1)

In general

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)

Mineral Leasing Act

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 Secretary 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 Secretary 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 memorandum of understanding under section 142(c) to the extent such adjustments implicate their respective staffs or resources.

(3)

Report to Congress

Beginning 3 years after the date of enactment of this Act, the Secretary 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.

145.

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 sections 804(2)(A), 804(2)(B), and 804(2)(C);

(iv)

a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and

(v)

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 as provided in section 802(b)(2). The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B).

(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)
(1)

A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.

(2)

For purposes of this section, the term submission or publication date means the later of the date on which—

(A)

the Congress receives the report submitted under section 801(a)(1); or

(B)

the nonmajor rule is published in the Federal Register, if so published.

(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 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.

(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—

(A)

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;

(B)

any rule relating to agency management or personnel; or

(C)

any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.

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.

.

146.

State coordination regarding Federal oil and gas permitting

(a)

in general

The Secretary shall invite 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, to be a signatory to the memorandum under section 142(c) 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.

(b)

Cooperative agreements

The Secretary may enter into cooperative agreements with affected States for purposes of this section, consistent with this title and other applicable Federal law. Such agreements may include the sharing of information, the joint utilization of available expertise, the facilitating of permitting procedures, joint planning and review, and the formation of joint surveillance and monitoring arrangements to carry out applicable Federal and State laws, regulations, and stipulations relevant to oil and gas operations that may be carried out pursuant to this title.

147.

State consultation

A Federal agency with jurisdiction over a Priority Energy Project may delegate to the State in which the Priority Energy Project is located the Federal agency’s responsibilities for environmental reviews, consultations, or decisions or other actions required under any Federal law regarding the Priority Energy Project. After authority is delegated under this section to a State it may be revoked only by an Act of Congress. The Federal agency may provide financial and other forms of assistance to States, multistate entities, and Indian tribes to facilitate the coordination and delegation under this section.

148.

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 subtitle.

149.

Review of agency permitting decisions

(a)

Administrative review

Any oil and gas permitting decision for Federal lands onshore or on the outer Continental Shelf under 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)

Judicial review

Any oil and gas permitting decision for Federal lands onshore or on the outer Continental Shelf under this subtitle shall be subject to judicial review only in accordance with section 174.

150.

Deadline for decision on agency appeals

(a)

Deadline for decision

Not later than 120 days after the date of the filing of an appeal by a Priority Energy Project Developer, the agency shall issue a final decision.

(b)

Failure To act

In the event the agency fails to meet the deadline of this section, the appeal shall be decided in favor of the Priority Energy Project Developer.

E

Prohibition on New Wilderness or Wilderness Study Areas on Lands Administered by the BLM Without Congressional Approval; Indian land development

161.

Repeal of Executive order

The Bureau of Land Management shall not implement, administer, or enforce Secretarial Order No. 3310, issued by the Secretary of the Interior on December 22, 2010, except by Congressional approval.

162.

Wilderness designation procedures

(a)

Precondition to designation

The Secretary of the Interior may not designate or issue a recommendation to designate a wilderness or wilderness study area as Wild Lands, Wilderness, or any other protective designation on lands administered by the Bureau of Land Management before the last day of the 30-day period beginning on the date on which the Secretary provides a description and map of the land proposed to be so designated to Congress and to the Governor of each State with jurisdiction over parcels of land located within the boundaries of the area proposed to be designated.

(b)

Public participation

(1)

Public hearing requirement

(A)

In general

Subject to subparagraph (D), not later than 90 days after the date on which the Secretary of Interior issues a recommendation under subsection (a), the Secretary shall hold not fewer than one public hearing within a county (or comparable unit of local government) located wholly or in part within the boundaries of the proposed wilderness or wilderness study area. The Secretary shall ensure that all interested individuals are afforded an opportunity to participate in a hearing held under this paragraph.

(B)

Comments

The Secretary of the Interior shall solicit comments from the public at a hearing held under subparagraph (A), and shall enter all comments received at or related to such hearing into the record of the hearing.

(C)

Availability of record

The Secretary of the Interior shall promptly make the record of a hearing held under subparagraph (A), including a transcript of the hearing, available to the public on the Internet or by other electronic means. The Secretary shall ensure that any components of the record that are completed before the entire record is finalized are made available upon their completion.

(D)

Waiver

The Secretary of the Interior may decline to hold a public hearing under subparagraph (A) if each unit of local government located wholly or in part within the boundaries of the national monument expressly waives the right to such hearing.

(2)

Notice and comment period requirement

Not later than 30 days after the date on which Secretary of Interior issues a recommendation under subsection (a), the Secretary shall initiate a notice and comment period to receive comments from the public regarding the recommendation.

(3)

Report

(A)

Contents

Not later than one year after issuing a recommendation to designate a wilderness or wilderness study area under subsection (a), the Secretary shall submit to Congress a report containing the following:

(i)

An analysis of the economic impact of the designation on the communities within 100 miles of the boundaries of the proposed wilderness or wilderness study area, including an estimate of the tax revenues that will be lost to, or gained for, the Federal, State, and local governments as a result of the designation.

(ii)

An analysis of the impact the designation will have on the Nation’s energy security, including the effects of the loss of sites to produce wind, geothermal, or solar energy, and the number of barrels of oil, tons of coal, or cubic feet of natural gas that will become unavailable as a result of the designation.

(iii)

The projected impact of the designation on interests, rights, and uses associated with the parcels of land within the boundaries of the monument, including water rights, hunting, recreational shooting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits.

(iv)

The record of any hearings held under paragraph (1).

(v)

Any written comments received during the notice and comment period conducted under paragraph (2).

(B)

Publication

The Secretary of Interior shall ensure that—

(i)

a report submitted to Congress under subparagraph (A) is published on the Department of Interior Web site upon completion; and

(ii)

any components of the report that are completed before the entire report is finalized and submitted to Congress are published on the Department of Interior Web site upon their completion.

(4)

Implementation guidelines

The Secretary of the Interior, in cooperation with the States, shall develop and publish guidelines to provide for the implementation of subsection.

(c)

Congressional Approval of designation

(1)

Approval required

A designation issued under subsection (a) shall cease to be effective following the last day of the 2-year period beginning on the date on which the Secretary of Interior issued the designation, unless the report is approved by an Act of Congress on or before that last day.

(2)

Management of land before Approval

During the period between the issuance of the report described in subsection (b)(3) and congressional approval described above, the Secretary of Interior shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument, including water rights, hunting, recreational shooting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits, is narrowly tailored and essential to the proper care and management of the objects to be protected.

(3)

Effect of nonapproval

If Congress does not approve the report, any reservation of land made by the report, and any restriction imposed as a result of the report on interests, rights, or uses associated with the parcels of land, shall cease to be effective following the last day of the 2-year period referred to in paragraph (1).

163.

Future executive branch actions

(a)

Effectiveness

Upon enactment of this Act, no executive branch action that withdraws more than 100 acres, in the aggregate, of public lands within the United States pursuant to the Antiquities Act of 1906 (16 U.S.C. 431 et seq.) or any other relevant authority shall be effective except by compliance with this section. The provisions of this subsection shall apply to executive branch actions that withdraw less than 100 acres of public land where such withdrawals are located within 100 miles of any other withdrawal of public lands.

(b)

Withdrawal

To the extent authorized by existing law, the President or the relevant head of an agency may withdraw public lands in the United States provided that such withdrawal shall not be effective until notice is provided in the Federal Register and to the House of Representatives and the Senate. Such withdrawal shall terminate unless approved by a Federal statute not later than one year after the notice of such withdrawal has been submitted to Congress.

(c)

Limitation

If Congress fails to pass an Act approving a withdrawal under subsection (b), the President or the relevant head of an agency shall be prohibited from withdrawing such land or a similar area of public lands until at least 5 years after the end of the time period described in subsection (b).

164.

Leases for development of natural resources on Indian lands

Subsection (a) of the first section of the Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases (25 U.S.C. 415(a); commonly known as the Long-term Leasing Act) is amended by striking including the development or utilization of natural resources in connection with operations under such leases and inserting except leases for the development or utilization of natural resources and leases in connection with operations under such leases, neither of which shall require Secretarial approval under this section,.

F

Legal Causes and Claims Pertaining to the Leasing and Development of Federal Lands for Exploration and Production of Oil, Natural Gas, Associated Hydrocarbons, and Oil Shale

171.

Oil shale, tar sands, and other strategic unconventional fuels

(a)

Jurisdiction

Upon enactment of this Act, the Federal Energy Regulatory Commission, in lieu of the Department of the Interior, shall be granted exclusive jurisdiction and all relevant authority to implement and administer the leasing program for research and development of oil shale and tar sands and all other programs and requirements contained in section 369 of the Energy Policy Act of 2005 (Public Law 109–58; 42 U.S.C. 15927).

(b)

Regulations

Upon enactment of this Act and pursuant to paragraph (1), the Federal Energy Regulatory Commission shall immediately stay all regulations and guidelines promulgated by the Department of the Interior or any other agency under section 369 of the Energy Policy Act of 2005 and, notwithstanding any other law, publish proposed rules in the Federal Register not later than 6 months following enactment of this Act that fully implement as expeditiously as practicable the provisions of such section 369. The Federal Energy Regulatory Commission shall publish final rules not later than 18 months following enactment of this Act.

(c)

Resources

The Federal Energy Regulatory Commission is authorized to request from the Department of the Interior and the Department of Energy any resources and personnel that it deems necessary to implement and administer the provisions of this subsection, and the Department of the Interior and the Department of Energy are required to provide such resources and personnel as requested.

172.

Energy production on Federal lands

(a)

Requirement

The Secretary of the Interior is directed to take sufficient actions to ensure that by January 1, 2018, not less than 10 percent of the Federal outer Continental Shelf lands and not less than 10 percent of onshore Federal lands and interests in lands that are under the Secretary’s jurisdiction are being leased for the production of energy.

(b)

Authorization

The Secretary of the Interior shall utilize all available authority pursuant to this Act and any other Federal law, as applicable, to comply with the requirement in subsection (a).

173.

Jurisdiction

(a)

Exclusive jurisdiction

Notwithstanding any other provision of law, including section 23(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(c)(2)), any final agency decision concerning any covered oil and natural gas activity shall be subject to judicial review only in the United States District Court for the District of Columbia.

(b)

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 authorizing leasing statute 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.

(c)

Expedited review

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

(1)

by striking be subject to a rebuttable presumption that the use of and inserting apply; and

(2)

by striking would apply.

174.

Judicial review

(a)

In general

(1)

Exclusive jurisdiction

The United States Court of Appeals for the circuit in which a Priority Energy Project is proposed to be constructed, expanded, or operated shall have original and exclusive jurisdiction over the review of an order or action of a Federal agency or State administrative agency acting pursuant to Federal law to issue, condition, or deny any permit, license, concurrence, or approval (hereinafter in this section collectively referred to as a permit) required under Federal law.

(2)

Agency delay

The United States Court of Appeals for the District of Columbia shall have original and exclusive jurisdiction over the review of an alleged failure to act by a Federal agency or State administrative agency acting pursuant to Federal law to issue, condition, or deny any permit required under Federal law for a Priority Energy Project.

(3)

Court action

(A)

In general

The Court shall act as expeditiously as possible for all appeals under this section.

(B)

Remand

If a Court finds that such order or action is inconsistent with the Federal law governing such permit and would prevent the construction, expansion, or operation of the Priority Energy Project, the Court shall remand the proceeding to the agency to take appropriate action consistent with the order of the Court. If the Court remands the order or action to a Federal or State agency, the Court shall set as expeditious a schedule and deadline as possible for the agency to act on remand, and in any event shall allow not more than 90 days for agency action on remand.

(C)

Attorney’s fees and other expenses

Attorney’s fees and other expenses of litigation shall be awarded to the prevailing party in actions challenging an agency action granting a permit for or otherwise authorizing a Priority Energy Project, but in no event shall a Priority Energy Project Developer be required to pay attorney’s fees and other expenses of litigation to a prevailing party.

(4)

Appeals

Appeals brought pursuant to this section may only be filed within 30 days of a final agency action regarding a permit.

(b)

Citizen suits

(1)

Standing

In any suit involving a Priority Energy Project brought under a citizen suit provision under a Federal law, any fact material to the standing of the party bringing the suit that is in dispute shall be adjudicated by the Court prior to the adjudication of any other issue relating to the merits of the suit.

(2)

Preservation of agency discretion

(A)

Notice of citizen suit required

A party seeking to file a citizen suit pursuant to a Federal law involving a Priority Energy Project shall first notify in writing the relevant agency and the Priority Energy Project Developer of its intent to file a citizen suit, the claims it intends to bring, and all relevant statutory and regulatory provisions.

(B)

Determination required

(i)

In general

Not later than 60 days following receipt of such notice, the agency shall exercise discretion in determining whether enforcement of the claims described in such notice are an appropriate use of agency resources.

(ii)

Dismissal required

If the agency determines such claims are not an appropriate use of agency resources, the citizen suit shall be not be considered authorized under relevant Federal law and if filed shall be immediately dismissed by the Court.

(iii)

Agency response required

If the agency determines such claims are an appropriate use of agency resources, the agency shall have a period of 24 months to act in response to such claims, including by bringing an enforcement action or by consulting with the Priority Energy Project Developer, before the citizen suit shall be considered authorized under relevant Federal law. Upon the request of the Priority Energy Project Developer, the agency must allow for an additional 24 months to act in response to such claims.

(C)

Citizen suit authorized

After the 24 month period, or 48 month period, as applicable, described in subparagraph (B)(iii) has expired, if the agency publishes a notice in the Federal Register expressly stating that it declines to address the claims described by the party seeking to file a citizen suit as described pursuant to subparagraph (A), then such party is authorized to file a citizen suit under relevant Federal law. The agency is prohibited from publishing such notice if the Priority Energy Project Developer has consulted with the agency and taken remedial action regarding the claims contained in the notice described in paragraph (A).

(D)

Attorneys fees and expenses

In a citizen suit filed pursuant a Federal law that involves a Priority Energy Project, a Priority Energy Project Developer shall not be required to pay attorneys fees and expenses to a prevailing party.

(3)

Settlements

Notwithstanding any other provision of law, no Federal agency shall enter into a settlement agreement arising from a citizen suit subject to this subsection that would require the reallocation of agency resources that had been previously allocated by law or regulation.

175.

Time for filing petition for judicial review; standing, filing of record

(a)

Deadline

All petitions for judicial review of covered oil and natural gas activities must be filed within 45 days of the final agency decision or the challenge shall be barred.

(b)

Standing

Only persons whose legal rights will be directly and adversely affected by the challenged action, and who are within the zone of interest protected by each Act under which the challenge is brought, shall have standing to file any petition for judicial review of covered oil and natural gas activities.

(c)

Limitation

Nothing in this section creates 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)

Consolidated record

When any civil action is brought concerning any covered oil and natural gas activity, the Federal agencies involved shall immediately prepare for the court the consolidated record compiled for the challenged decision.

(e)

Completion of review

The court shall complete all judicial review, including rendering a judgment, before the end of the 210-day period beginning on the date on which a petition is filed that is subject to this subtitle, unless all parties to such proceeding agree to an extension of such period.

(f)

Expedited mandamus review

Notwithstanding subsection (e), within 30 days after the filing of an action that is subject to this subtitle, the court shall issue a decision either compelling permit issuance or establishing a schedule that enables the most expeditious possible completion of proceedings. The court may issue orders to enforce any schedule it establishes under this subsection.

(g)

No private right of action

Except as expressly provided in this section, 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.

176.

Limitation on scope of review and relief

(a)

Prospective relief

In any proceeding for judicial review that is subject to 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.

(b)

Effectiveness of agency decision pending judicial review

Final agency decisions relating to covered oil and natural gas activities shall be effective pending any judicial review of such decisions unless the Court issues an order staying the effect of the decision.

177.

Exclusion

This subtitle shall not apply 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.

G

Development of Solar and Wind Energy on Public Land

181.

Definitions

In this subtitle:

(1)

Covered land

The term covered land means land that is—

(A)
(i)

public land administered by the Secretary; or

(ii)

National Forest System land administered by the Secretary of Agriculture; and

(B)

not excluded from the development of solar or wind energy under—

(i)

a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(ii)

a land use plan established under the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); or

(iii)

other law.

(2)

Pilot program

The term pilot program means the wind and solar leasing pilot program established under section 183(a).

(3)

Public land

The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(4)

Secretaries

The term Secretaries means—

(A)

in the case of public land administered by the Secretary, the Secretary; and

(B)

in the case of National Forest System land administered by the Secretary of Agriculture, the Secretary of Agriculture.

(5)

Secretary

The term Secretary means the Secretary of the Interior.

182.

Programmatic environmental impact statements and land use planning

(a)

Public land

Not later than 1 year after the date of enactment of this Act, the Secretary shall—

(1)

complete and finalize the Programmatic Environmental Impact Statement for Solar Energy Development in Six Southwestern States (BLM/DES 10–59; DOE/EIS–0403) in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts of—

(A)

a program to develop solar energy on land administered by the Secretary, acting through the Bureau of Land Management; and

(B)

any necessary amendments to land use plans for the land; and

(2)

amend any land use plans as appropriate to provide for the development of energy resources in areas considered appropriate by the Secretary.

(b)

National forest system land

As soon as practicable but not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture shall—

(1)

prepare and publish in the Federal Register a notice of intent to prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts of—

(A)

a program to develop solar and wind energy on National Forest System land administered by the Secretary of Agriculture; and

(B)

any necessary amendments to land use plans for the land; and

(2)

amend any land use plans as appropriate to provide for the development of energy resources in areas considered appropriate by the Secretary of Agriculture immediately on completion of the programmatic environmental impact statement.

(c)

Effect on processing applications

The requirement for completion of programmatic environmental impact statements under this section shall not result in any delay in processing or approving applications for wind or solar development on public land administered by the Secretary or on National Forest System land.

(d)

Military installations

(1)

Report

(A)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Interior, shall conduct a study, and prepare a report, that—

(i)

identifies locations on land withdrawn from the public domain and reserved for military purposes that—

(I)

exhibit a high potential for solar, wind, geothermal, or other energy resources production;

(II)

are disturbed or otherwise have comparatively low value for other resources; and

(III)

could be developed for energy production in a manner consistent with all present and reasonably foreseeable military training and operational missions and research, development, testing, and evaluation requirements; and

(ii)

describes the administration of public land withdrawn for military purposes for the development of commercial-scale energy projects, including the legal authorities governing authorization for that use.

(B)

Recommendations

The report shall include recommendations on—

(i)

necessary changes in any law (including regulations);

(ii)

whether the authorization for the use of the land for development of energy projects should be pursuant to lease, contract, right-of-way, permit, or other form of authorization;

(iii)

methods of improving coordination among the Federal, State, and local agencies, if any, involved in authorizing the projects; and

(iv)

disposition of revenues resulting from the development of energy projects on the land.

(2)

Environmental impact analysis

Not later than 1 year after the completion of the study required by paragraph (1), the Secretary of Defense, in consultation with the Secretary of the Interior, shall prepare and publish in the Federal Register a notice of intent to prepare an environmental impact analysis document to support a program to develop energy resources on withdrawn military land identified in the study as suitable for the production.

(3)

Reports

On completion of the report, the Secretary and the Secretary of Defense shall jointly submit the report required by paragraph (1) to—

(A)

the Committee on Armed Services of the Senate;

(B)

the Committee on Energy and Natural Resources of the Senate;

(C)

the Committee on Armed Services of the House of Representatives; and

(D)

the Committee on Natural Resources of the House of Representatives.

183.

Development of solar and wind energy on public land

(a)

Pilot program

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a wind and solar leasing pilot program on covered land administered by the Secretary.

(2)

Selection of sites

(A)

In general

Not later than 90 days after the date the pilot program is established under this subsection, the Secretary shall (taking into consideration the multiple resource values of the land) select 2 sites that are appropriate for the development of a solar energy project, and 2 sites that are appropriate for the development of a wind energy project, on covered land administered by the Secretary as part of the pilot program.

(B)

Site selection

In carrying out subparagraph (A), the Secretary shall seek to select sites—

(i)

for which there is likely to be a high level of industry interest;

(ii)

that have a comparatively low value for other resources; and

(iii)

that are representative of sites on which solar or wind energy is likely to be developed on covered land.

(C)

Ineligible sites

The Secretary shall not select as part of the pilot program any site for which a right-of way for site testing or construction has been issued.

(3)

Qualifications

Prior to any lease sale, the Secretary shall establish qualifications for bidders that ensure bidders—

(A)

are able to expeditiously develop a wind or solar energy project on the site for lease;

(B)

possess—

(i)

financial resources necessary to complete a project;

(ii)

knowledge of the applicable technology; and

(iii)

such other qualifications as are determined appropriate by the Secretary; and

(C)

meet the eligibility requirements for leasing under the first section of the Mineral Leasing Act (30 U.S.C. 181).

(4)

Lease sales

(A)

In general

Except as provided in subparagraph (D)(ii), not later than 180 days after the date sites are selected under paragraph (2), the Secretary shall offer each site for competitive leasing to qualified bidders under such terms and conditions as are required by the Secretary.

(B)

Bidding systems

(i)

In general

In offering the sites for lease, the Secretary may vary the bidding systems to be used at each lease sale, including—

(I)

cash bonus bids with a requirement for payment of the royalty established under this Act;

(II)

variable royalty bids based on a percentage of the gross proceeds from the sale of electricity produced from the lease, except that the royalty shall not be less than the royalty required under this Act, together with a fixed cash bonus; and

(III)

such other bidding system as ensures a fair return to the public consistent with the royalty established under this Act.

(ii)

Round

The Secretary shall limit bidding to 1 round in any lease sale.

(iii)

Expenditures

In any case in which the land that is subject to lease has 1 or more pending applications for the development of wind or solar energy at the time of the lease sale, the Secretary shall give credit toward any bid submitted by the applicant for expenditures of the applicant considered by the Secretary to be qualified and necessary for the preparation of the application.

(C)

Revenues

Bonus bids, royalties, rentals, fees, or other payments collected by the Secretary under this section shall be subject to section 184.

(D)

Lease terms

(i)

In general

As part of the pilot program, the Secretary may vary the length of the lease terms and establish such other lease terms and conditions as the Secretary considers appropriate.

(ii)

Data collection

As part of the pilot program, the Secretary shall—

(I)

offer on a noncompetitive basis on at least 1 site a short-term lease for data collection; and

(II)

on the expiration of the short-term lease, offer on a competitive basis a long-term lease, giving credit toward the bonus bid to the holder of the short-term lease for any qualified expenditures to collect data to develop the site during the short-term lease.

(5)

Compliance with laws

In offering for lease the selected sites under paragraph (4), the Secretary shall comply with all applicable environmental and other laws.

(6)

Report

The Secretary shall—

(A)

compile a report of the results of each lease sale under the pilot program, including—

(i)

the level of competitive interest;

(ii)

a summary of bids and revenues received; and

(iii)

any other factors that may have impacted the lease sale process; and

(B)

not later than 90 days after the final lease sale, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the report described in subparagraph (A).

(7)

Rights-of-way

During the pendency of the pilot program, the Secretary shall continue to issue rights-of-way, in compliance with authority in effect on the date of enactment of this Act, for available sites not selected for the pilot program.

(b)

Secretarial determination

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Secretaries shall make a joint determination on whether to establish a leasing program under this section for wind or solar energy, or both, on all covered land.

(2)

System

If the Secretaries determine that a leasing program should be established, the program shall apply to all covered land in accordance with this Act and other provisions of law applicable to public land or National Forest System land.

(3)

Establishment

The Secretaries shall establish a leasing program unless the Secretaries determine that the program—

(A)

is not in the public interest; and

(B)

does not provide an effective means of developing wind or solar energy.

(4)

Consultation

In making the determinations required under this subsection, the Secretaries shall consult with—

(A)

the heads of other relevant Federal agencies;

(B)

interested States, Indian tribes, and local governments;

(C)

representatives of the solar and wind industries;

(D)

representatives of the environment, conservation, and outdoor sporting communities;

(E)

other users of the covered land; and

(F)

the public.

(5)

Considerations

In making the determinations required under this subsection, the Secretaries shall consider the results of the pilot program.

(6)

Regulations

Not later than 1 year after the date on which any determination is made to establish a leasing program, the Secretaries shall jointly promulgate final regulations to implement the program.

(7)

Report

If the Secretaries determine that a leasing program should not be established, not later than 60 days after the date of the determination, the Secretaries shall jointly 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 describing the basis and findings for the determination.

(c)

Transition

(1)

In general

If the Secretaries determine under subsection (b) that a leasing program should be established for covered land, until the program is established and final regulations for the program are issued—

(A)

the Secretary shall continue to accept applications for rights-of-way on covered land, and provide for the issuance of rights-of-way on covered land within the jurisdiction of the Secretary for the development of wind or solar energy pursuant to each requirement described in title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) and other applicable law; and

(B)

the Secretary of Agriculture shall continue to accept applications for authorizations, and provide for the issuance of the authorizations, for the development of wind or solar energy on covered land within the jurisdiction of the Secretary pursuant to applicable law.

(2)

Existing rights-of-way and authorizations

(A)

In general

Effective beginning on the date on which the wind or solar leasing programs are established and final regulations are issued, the Secretaries shall not renew an existing right-of-way or other authorization for wind or solar energy development at the end of the term of the right-of-way or authorization.

(B)

Lease

(i)

In general

Subject to clause (ii), at the end of the term of the right-of-way or other authorization for the wind or solar energy project, the Secretary or, in the case of National Forest System land, the Secretary of Agriculture, shall grant, without a competitive process, a lease to the holder of the right-of-way or other authorization for the same covered land as was authorized under the right-of-way or other authorization if (as determined by the Secretary concerned)—

(I)

the holder of the right-of-way or other authorization has met the requirements of diligent development; and

(II)

issuance of the lease is in the public interest and consistent with applicable law.

(ii)

Terms and conditions

Any lease described in clause (i) shall be subject to—

(I)

terms and conditions that are consistent with this Act and the regulations issued under this Act; and

(II)

the regulations in effect on the date of renewal and any other terms and conditions that the Secretary considers necessary to protect the public interest.

(3)

Pending rights-of-way

Effective beginning on the date on which the wind or solar leasing programs are established and final regulations for the programs are issued, the Secretary or, with respect to National Forest System land, the Secretary of Agriculture shall provide any applicant that has filed a plan of development for a right-of-way or, in the case of National Forest System land, for an applicable authorization, for a wind or solar energy project with an option to acquire a lease on a noncompetitive basis, under such terms and conditions as are required by this Act, applicable regulations, and the Secretary concerned, for the same covered land included in the plan of development if—

(A)

the plan of development has been determined by the Secretary concerned to be adequate for the initiation of environmental review;

(B)

granting the lease is consistent with all applicable land use planning, environmental, and other laws;

(C)

the applicant has made a good faith effort to obtain a right-of-way or, in the case of National Forest System land, other authorization, for the project; and

(D)

issuance of the lease is in the public interest.

(d)

Leasing program

If the Secretaries determine under subsection (b) that a leasing program should be established, the program shall be established in accordance with subsections (e) through (k).

(e)

Competitive leases

(1)

In general

Except as provided in paragraph (2), leases for wind or solar energy development under this section shall be issued on a competitive basis with a single round of bidding in any lease sale.

(2)

Exceptions

Paragraph (1) shall not apply if the Secretary or, with respect to National Forest System land, the Secretary of Agriculture determines that—

(A)

no competitive interest exists for the covered land;

(B)

the public interest would not be served by the competitive issuance of a lease;

(C)

the lease is for the placement and operation of a meteorological or data collection facility or for the development or demonstration of a new wind or solar technology and has a term of not more than 5 years; or

(D)

the covered land is eligible to be granted a noncompetitive lease under subsection (c).

(f)

Payments

(1)

In general

The Secretaries shall jointly establish fees, rentals, bonuses, or other payments to ensure a fair return to the United States for any lease issued under this section.

(2)

Bonus bids

The Secretaries may grant credit toward any bonus bid for a qualified expenditure by the holder of a lease described in subsection (e)(2)(C) in any competitive lease sale held for a long-term lease covering the same land covered by the lease described in subsection (e)(2)(C).

(g)

Qualifications

Prior to any lease sale, the Secretary shall establish qualifications for bidders that ensure bidders meet the requirements described in subsection (a)(3).

(h)

Requirements

The Secretaries shall ensure that any activity under a leasing program is carried out in a manner that—

(1)

is consistent with all applicable land use planning, environmental, and other laws; and

(2)

provides for—

(A)

safety;

(B)

protection of the environment and fish and wildlife habitat;

(C)

mitigation of impacts;

(D)

prevention of waste;

(E)

diligent development of the resource, with specific milestones to be met by the lessee as determined by the Secretaries;

(F)

coordination with applicable Federal agencies;

(G)

a fair return to the United States for any lease;

(H)

use of best management practices, including planning and practices for mitigation of impacts;

(I)

public notice and comment on any proposal submitted for a lease under this section;

(J)

oversight, inspection, research, monitoring, and enforcement relating to a lease under this section;

(K)

the quantity of acreage to be commensurate with the size of the project covered by a lease; and

(L)

efficient use of water resources.

(i)

Lease duration, suspension, and cancellation

(1)

Duration

A lease under this section shall be for—

(A)

an initial term of 25 years; and

(B)

any additional period after the initial term during which electricity is being produced annually in commercial quantities from the lease.

(2)

Administration

The Secretary shall establish terms and conditions for the issuance, transfer, renewal, suspension, and cancellation of a lease under this section.

(3)

Readjustment

(A)

In general

Royalties, rentals, and other terms and conditions of a lease under this section shall be subject to readjustment—

(i)

on the date that is 15 years after the date on which the lease is issued; and

(ii)

every 10 years thereafter.

(B)

Lease

Each lease issued under this Act shall provide for readjustment in accordance with subparagraph (A).

(j)

Surface-Disturbing activities

The Secretaries shall—

(1)

regulate all surface-disturbing activities conducted pursuant to any lease issued under this section; and

(2)

require any necessary reclamation and other actions under the lease as are required in the interest of conservation of surface resources.

(k)

Security

The Secretaries shall require the holder of a lease issued under this section—

(1)

to furnish a surety bond or other form of security, as prescribed by the Secretaries;

(2)

to provide for the reclamation and restoration of the area covered by the lease; and

(3)

to comply with such other requirements as the Secretaries consider necessary to protect the interests of the public and the United States.

(l)

Periodic review

Not less frequently than once every 5 years, the Secretary shall conduct a review of the adequacy of the surety bond or other form of security provided by the holder of a lease issued under this section.

184.

Disposition of revenues

(a)

Disposition of revenues

Of the amounts collected as bonus bids, royalties, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization for the development of wind or solar energy on covered land—

(1)

25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the income is derived;

(2)

25 percent shall be paid by the Secretary of the Treasury to the 1 or more counties within the boundaries of which the income is derived; and

(3)

50 percent shall be deposited in the Treasury of the United States.

(b)

Payments to States and counties

Amounts paid to States and counties under subsection (a) shall be used consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191).

H

Miscellaneous Provisions

191.

Military operations

The Secretary shall consult with the Secretary of Defense regarding military operations needs in the waters of the outer Continental Shelf. The Secretary shall work with the Secretary of Defense to resolve any conflicts that might arise between such operations and leasing under this subtitle. If the Secretaries are unable to resolve all such conflicts, any unresolved issues shall be referred by the Secretaries to the President within 90 days for immediate resolution.

192.

Environmental sensitivity analysis under the program

(a)

Environmental Sensitivity Index

The Environmental Sensitivity Index, developed by the National Oceanic and Atmospheric Administration, which considers the sensitivity of different shoreline areas to oil spills, and the ranking under the program of the areas of the outer Continental Shelf based upon the Environmental Sensitivity Index, satisfies the requirements of section 18 of the Act (43 U.S.C. 1344), including the requirement to consider the relative environmental sensitivity of different areas of the outer Continental Shelf under section 18(a)(2)(G) of the Act (43 U.S.C. 1344(a)(2)(G)).

(b)

Program deemed sufficient

The Final Outer Continental Shelf Oil and Gas Leasing Program, 2007–2012, is deemed to meet all requirements of section 18 of the Act (43 U.S.C. 1344) and is effective as of the date on which the Secretary made that program effective.

193.

Validity of existing leases

Any lease heretofore issued pursuant to a lease sale held under the Final Outer Continental Shelf Oil and Gas Leasing Program, 2007–2012, including any lease issued pursuant to Lease Sale 193 or 213, is deemed to be in full compliance with the Act and all other legal requirements.

194.

Integrity of lease sales and leasing schedule

(a)

Leasing during judicial or administrative review

Section 18(d)(3) of the Act (43 U.S.C. 1344(d)(3)) is amended to read as follows:

(3)

After the leasing program has been approved by the Secretary, except as otherwise provided by applicable law, no lease shall be issued unless it is for an area included in the approved leasing program and unless it contains provisions consistent with the approved leasing program, except that leasing shall continue for so long as such program is under judicial or administrative review pursuant to this Act, including any administrative review occasioned by the remand of such program as a result of judicial review. Any lease issued pursuant to a lease sale held in the period that the approved leasing program is under judicial or administrative review is deemed to have been issued pursuant to an approved leasing program.

.

(b)

Court action upon appeal

The last sentence of section 23(c)(6) of the Act (43 U.S.C. 1349(c)(6)) is amended to read as follows: The court may affirm or modify any order or decision or may remand the proceedings to the Secretary for such further action as it may direct..

195.

Authority to conduct offshore drilling under approved permits

(a)

In general

Subject to subsection (b), each holder of a permit issued pursuant to an application for a permit to drill, including an application for a permit to sidetrack, that was approved by the Minerals Management Service before May 3, 2010, for purposes of outer Continental Shelf energy exploration or development and production may conduct all operations authorized under the terms of the permit (including all exploration plans, development operations coordination documents, and development production plans submitted for the permit)—

(1)

without further review by the Bureau of Ocean Energy Management, Regulation and Enforcement and Bureau of Safety and Environmental Enforcement; and

(2)

without further review or delay under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq.) or any other similar statutes, including the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

(b)

Operations

Operations conducted under subsection (a) shall be carried out in accordance with the safety protocols contained in part 250 of title 30, Code of Federal Regulations.

(c)

Review of compliance

This section does not prohibit review of compliance with the terms of such a permit.

196.

Time requirement to act on oil and natural gas drilling permits

Subsection (d) of section 11 of the Act (43 U.S.C. 1340) is amended by designating the existing text as paragraph (1) and adding at the end the following:

(2)
(A)

The Secretary shall approve or disapprove any application for a permit for drilling a well under an approved exploration or development plan, or any application to amend a previously approved permit, within 30 days after its submission, except that the Secretary may disapprove such permit only upon a determination that—

(i)

any proposed activity under the permit would result in any condition described in section 5(a)(2)(A)(i); and

(ii)

such proposed activity cannot be modified to avoid such condition.

(B)

The Secretary may request additional information from the applicant prior to approving or disapproving such application, but the request for additional information must be received by the applicant within 15 days after submission of the application to the Secretary. Upon receipt of the additional information requested by the Secretary, the Secretary shall approve or disapprove the application within 15 days in accordance with this subsection. If the Secretary disapproves a permit application or an amended permit application pursuant to this subsection, and there is no other well on the lease tract capable of production in paying quantities, within 90 days after receipt of a final disapproval decision all record title holders of the lease may request cancellation of the lease, and within 60 days after receipt of such cancellation request the Secretary shall pay to the record title holders the amount of any bonus bid paid for such lease. The Secretary shall make such payment from amounts that otherwise would be credited to miscellaneous receipts pursuant to section 9.

.

197.

Timely issuance of onshore oil and gas leases

Section 17(a)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by striking Leases shall be issued within 60 days following payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year. and inserting Unless the Secretary issues a lease sooner, leases shall automatically issue exactly 60 days following payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year. The filing of any protest to the sale or issuance of a lease shall not act to extend the date by which the lease is to be issued following payment by the successful bidder under the preceding sentence, nor shall the issuance of a lease be delayed or deferred beyond 60 days following payment by the successful bidder pending resolution of a protest to the sale or issuance of the lease..

198.

State auditing

Where authority is ceded to States to audit processing and transportation for purposes of royalty calculation under section 205 of the Royalty Simplification and Fairness Act of 1996, State auditors shall provide background methodology and supporting detail to the payor for audit findings; including formulas and supporting worksheets detailing the calculations used when costs from processing plants and transportation providers are disallowed by the State auditor. The State shall seek written authority from the processors and transporters to provide this information when necessary and requested.

II

Continental Pipeline Approval

201.

Keystone XL pipeline permit approval

(a)

Permit Approval

The permit described in subsection (b) is hereby approved.

(b)

Description of permit

The permit approved under subsection (a) is the permit with respect to certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project, an application for which was filed on September 19, 2008 (including amendments).

(c)

Requirements

The permit granted under subsection (a) shall require the following:

(1)

The permittee shall comply with all applicable Federal and State laws (including regulations) and all applicable industrial codes regarding the construction, connection, operation, and maintenance of the United States facilities.

(2)

The permittee shall take all appropriate measures to prevent or mitigate any adverse environmental impact or disruption of historic properties in connection with the construction, operation, and maintenance of the United States facilities.

(3)

For the purpose of the permit approved under subsection (a) (regardless of any modifications under subsection (d))—

(A)

the final environmental impact statement issued by the Secretary of State on August 26, 2011, satisfies all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of the National Historic Preservation Act (16 U.S.C. 470f);

(B)

any modification required by the Secretary of State to the Plan described in paragraph (4)(A) shall not require supplementation of the final environmental impact statement described in that paragraph; and

(C)

no further Federal environmental review shall be required.

(4)

The construction, operation, and maintenance of the facilities shall be in all material respects similar to that described in the application described in subsection (b) and in accordance with—

(A)

the construction, mitigation, and reclamation measures agreed to by the permittee in the Construction Mitigation and Reclamation Plan found in appendix B of the final environmental impact statement issued by the Secretary of State on August 26, 2011, subject to the modification described in subsection (d);

(B)

the special conditions agreed to between the permittee and the Administrator of the Pipeline Hazardous Materials Safety Administration of the Department of Transportation found in appendix U of the final environmental impact statement described in subparagraph (A);

(C)

if the modified route submitted by the Governor of Nebraska under subsection (d)(3)(B) crosses the Sand Hills region, the measures agreed to by the permittee for the Sand Hills region found in appendix H of the final environmental impact statement described in subparagraph (A); and

(D)

the stipulations identified in appendix S of the final environmental impact statement described in subparagraph (A).

(5)

Other requirements that are standard industry practice or commonly included in Federal permits that are similar to a permit approved under subsection (a).

(d)

Modification

The permit approved under subsection (a) shall require—

(1)

the reconsideration of routing of the Keystone XL pipeline within the State of Nebraska;

(2)

a review period during which routing within the State of Nebraska may be reconsidered and the route of the Keystone XL pipeline through the State altered with any accompanying modification to the Plan described in subsection (c)(4)(A); and

(3)

the President—

(A)

to coordinate review with the State of Nebraska and provide any necessary data and reasonable technical assistance material to the review process required under this subsection; and

(B)

to approve the route within the State of Nebraska that has been submitted to the Secretary of State by the Governor of Nebraska.

(e)

Effect of no Approval

If the President does not approve the route within the State of Nebraska submitted by the Governor of Nebraska under subsection (d)(3)(B) not later than 10 days after the date of submission, the route submitted by the Governor of Nebraska under subsection (d)(3)(B) shall be considered approved, pursuant to the terms of the permit approved under subsection (a) that meets the requirements of subsection (c) and this subsection, by operation of law.

(f)

Private property savings clause

Nothing in this section alters the Federal, State, or local processes or conditions in effect on the date of enactment of this Act that are necessary to secure access from private property owners to construct the Keystone XL pipeline.

III

Radiological Material Repository

301.

Radiological material repository

(a)

Repository required

The Federal Government shall site and permit at least one radiological material geologic repository for the disposal of radiological material.

(b)

Yucca mountain

(1)

In general

The repository site at Yucca Mountain shall remain the site for the Nation’s radiological material repository following full statutory review of the Department of Energy’s license application to construct the Yucca Mountain repository.

(2)

Application

The Nuclear Regulatory Commission shall continue to review the Department of Energy’s pending license application to construct the repository at Yucca Mountain until a determination is made on the merits of the application.

(c)

Deadlines

(1)

Suitability determination

Not later than 90 days after the enactment of this Act, the Nuclear Regulatory Commission shall make a determination regarding the suitability of Yucca Mountain under subsection (a).

(2)

Action on Application

Not later than 180 days after the enactment of this Act, the Nuclear Regulatory Commission shall approve the application under subsection (b).

(d)

Limitations on amount of radiological material

All statutory limitations on the amount of radiological material that can be placed in Yucca Mountain are hereby removed and shall be replaced by the Nuclear Regulatory Commission with new limits based on scientific and technical analysis of the full capacity of Yucca Mountain for the storage of radiological material.

IV

Relief From Regulations and Prohibitions That Cause Artificial Price Increases

401.

Endangered Species Act of 1973 reform

The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is amended—

(1)

by striking best scientific and commercial data available each place it appears and inserting best scientific and economic data available at the time, including analysis of the costs and benefits of the matter under consideration; and

(2)

by adding at the end the following:

19.

Scope

Nothing in this Act shall be construed to authorize the use of this Act or the rules and regulations promulgated pursuant to this Act to regulate greenhouse gas emissions.

.

402.

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 does 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.

(c)

Exceptions

Notwithstanding subsections (a) and (b), this section does not prohibit the following:

(1)

Implementation and enforcement of the rule entitled Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards (as published at 75 Fed. Reg. 25324 (May 7, 2010) and without further revision) and finalization, implementation, enforcement, and revision of the proposed rule entitled Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles published at 75 Fed. Reg. 74152 (November 30, 2010).

(2)

Statutorily authorized Federal research, development, demonstration programs and voluntary programs addressing climate change.

(3)

Implementation and enforcement of title VI of the Clean Air Act (42 U.S.C. 7671 et seq.) to the extent such implementation or enforcement only involves one or more class I substances or class II substances (as such terms are defined in section 601 of such title).

(4)

Implementation and enforcement of section 821 (42 U.S.C. 7651k note) of Public Law 101–549 (commonly referred to as the Clean Air Act Amendments of 1990).

403.

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.

404.

Repeal of ethanol mandates

Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o); relating to the Renewable Fuel Program) is repealed.

V

Refinery Reform

501.

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)

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)

365 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 title.

(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 directs 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 Fischer-Tropsch transportation fuel, including diesel and jet fuel;

(B)

evaluate the use of 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 fuels 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 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 and the Committee on Natural Resources 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.

502.

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.

VI

Repeal of Energy Tax Subsidies

600.

Amendment of 1986 code

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.

601.

Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures

(a)

In general

Section 6426 is repealed.

(b)

Conforming amendments

(1)

Subparagraph (D) of section 6427(e)(6) is amended by striking September 30, 2014 and inserting September 30, 2012.

(2)

Paragraph (1) of section 4101(a) is amended by striking or alcohol (as defined in section 6426(b)(4)(A).

(3)

Paragraph (2) of section 4104(a) is amended by striking 6426, or 6427(e).

(4)

Subparagraph (E) of section 7704(d)(1) is amended—

(A)

by inserting (as in effect on the day before the date of the enactment of the Energy Exploration and Production to Achieve National Demand Act) after of section 6426, and

(B)

by inserting (as so in effect) after section 6426(b)(4)(A).

(5)

Paragraph (1) of section 9503(b) is amended by striking the second sentence.

(c)

Clerical amendment

The table of sections for subchapter B of chapter 65 is amended by striking the item relating to section 6426.

(d)

Effective

The amendments made by this section shall apply with respect to fuel sold and used after December 31, 2012.

602.

Repeal of credit for certain plug-in electric vehicles

(a)

In general

Section 30 is repealed.

(b)

Conforming amendments

(1)

Paragraph (3) of section 24(b) is amended by striking , 30.

(2)

Clause (ii) of section 25(e)(1)(C) is amended by striking , 30.

(3)

Paragraph (2) of section 25B(g) is amended by striking , 30.

(4)

Paragraph (1) of section 26(a) is amended by striking , 30.

(5)

Subclause (VI) of section 48C(c)(1)(A)(i) is amended by inserting (as in effect on the day before the date of the enactment of the Energy Exploration and Production to Achieve National Demand Act) after section 30(d).

(6)

Paragraph (3) of section 179A(c) is amended by inserting (as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act) after section 30(c).

(7)

Subsection (a) of section 1016 is amended by striking paragraph (25) and by redesignating paragraphs (26) through (37) as paragraphs (25) through (36), respectively.

(8)

Subsection (m) of section 6501 is amended by striking 30(e)(6).

(c)

Clerical amendment

The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30.

(d)

Effective date

The amendments made by this section shall apply to property placed in service after December 31, 2011.

603.

Early termination of credit for qualified fuel cell motor vehicles

(a)

In general

Section 30B is repealed.

(b)

Conforming amendments

(1)

Subparagraph (A) of section 24(b)(3) is amended by striking , 30B.

(2)

Clause (ii) of section 25(e)(1)(C) is amended by striking , 30B.

(3)

Paragraph (2) of section 25B(g) is amended by striking , 30B,.

(4)

Paragraph (1) of section 26(a) is amended by striking , 30B.

(5)

Subsection (b) of section 38 is amended by striking paragraph (25).

(6)

Subsection (a) of section 1016, as amended by section 602 of this Act, is amended by striking paragraph (33) and by redesignating paragraphs (34), (35), and (36) as paragraphs (33), (34), and (35), respectively.

(7)

Paragraph (2) of section 1400C(d) is amended by striking , 30B.

(8)

Subsection (m) of section 6501 is amended by striking , 30B(h)(9).

(c)

Clerical amendment

The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30B.

(d)

Effective date

The amendments made by this section shall apply to property placed in service after December 31, 2012.

604.

Repeal of alternative fuel vehicle refueling property credit

(a)

In general

Section 30C is repealed.

(b)

Conforming amendments

(1)

Subsection (b) of section 38 is amended by striking paragraph (26).

(2)

Paragraph (3) of section 55(c) is amended by striking , 30C(d)(2),.

(3)

Subsection (a) of section 1016, as amended by sections 602 and 603 of this Act, is amended by striking paragraph (33) and by redesignating paragraph (34) and (35) as paragraphs (33) and (34), respectively.

(4)

Subsection (m) of section 6501 is amended by striking , 30C(e)(5).

(c)

Clerical amendment

The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30C.

(d)

Effective date

The amendments made by this section shall apply to property placed in service after December 31, 2012.

605.

Repeal of credit for alcohol used as fuel

(a)

In general

Section 40 is repealed.

(b)

Conforming amendments

(1)

Subsection (b) of section 38 is amended by striking paragraph (3).

(2)

Subsection (c) of section 196 is amended by striking paragraph (3) and by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively.

(3)

Paragraph (1) of section 4101(a) is amended by striking , and every person producing cellulosic biofuel (as defined in section 40(b)(6)(E)).

(4)

Paragraph (1) of section 4104(a) is amended by striking , 40.

(c)

Effective date

The amendments made by this section shall apply to fuel sold or used after December 31, 2012.

606.

Repeal of credit for biodiesel and renewable diesel used as fuel

(a)

In general

Section 40A is repealed.

(b)

Conforming amendment

(1)

Subsection (b) of section 38 is amended by striking paragraph (17).

(2)

Section 87 is repealed.

(3)

Subsection (c) of section 196, as amended by section 605 of this Act, is amended by striking paragraph (11) and by redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively.

(4)

Paragraph (1) of section 4101(a) is amended by striking , every person producing or importing biodiesel (as defined in section 40A(d)(1).

(5)

Paragraph (1) of section 4104(a) is amended by striking , and 40A.

(6)

Subparagraph (E) of section 7704(d)(1) is amended by inserting (as so in effect) after section 40A(d)(1).

(c)

Clerical amendment

The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 40A.

(d)

Effective date

The amendments made by this section shall apply to fuel produced, and sold or used, after December 31, 2011.

607.

Repeal of enhanced oil recovery credit

(a)

In general

Section 43 is repealed.

(b)

Conforming amendments

(1)

Subsection (b) of section 38 is amended by striking paragraph (6).

(2)

Paragraph (4) of section 45Q(d) is amended by inserting (as in effect on the day before the date of the enactment of the Energy Exploration and Production to Achieve National Demand Act) after section 43(c)(2).

(3)

Subsection (c) of section 196, as amended by sections 605 and 606 of this Act, is amended by striking paragraph (5) and by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively.

(c)

Clerical amendment

The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43.

(d)

Effective date

The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2012.

608.

Termination of credit for electricity produced from certain renewable resources

(a)

In general

Subsection (d) of section 45 is amended—

(1)

by striking 2013 in paragraph (1) and inserting 2012, and

(2)

by striking 2014 each place it appears in paragraphs (2), (3), (4), (6), (7), (9), and (11) and inserting 2012.

(b)

Effective date

The amendments made by this section shall apply to property placed in service after December 31, 2012.

609.

Repeal of credit for producing oil and gas from marginal wells

(a)

In general

Section 45I is repealed.

(b)

Conforming amendment

Subsection (b) of section 38 is amended by striking paragraph (19).

(c)

Clerical amendment

The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I.

(d)

Effective date

The amendments made by this section shall apply to production in taxable years beginning after December 31, 2012.

610.

Termination of credit for production from advanced nuclear power facilities

(a)

In general

Subparagraph (B) of section 45J(d)(1) is amended by striking January 1, 2021 and inserting January 1, 2013.

(b)

Effective date

The amendments made by this section shall apply to property placed in service after December 31, 2012.

611.

Repeal of credit for carbon dioxide sequestration

(a)

In general

Section 45Q is repealed.

(b)

Effective date

The amendment made by this section shall apply to carbon dioxide captured after December 31, 2012.

612.

Termination of energy credit

(a)

In general

Section 48 is amended—

(1)

by striking January 1, 2017 each place it appears and inserting January 1, 2013,

(2)

by striking December 31, 2016 each place it appears and inserting December 31, 2012, and

(3)

by striking 2012, or 2013 in subsection (a)(5)(C)(ii) and inserting or 2012.

(b)

Effective date

The amendments made by this section shall apply to property placed in service after December 31, 2012.

613.

Repeal of qualifying advanced coal project

(a)

In general

Section 48A is repealed.

(b)

Conforming amendment

Section 46 is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively.

(c)

Clerical amendment

The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A.

(d)

Effective date

The amendments made by this section shall apply to property placed in service after December 31, 2012.

614.

Repeal of qualifying gasification project credit

(a)

In general

Section 48B is repealed.

(b)

Conforming amendment

Section 46, as amended by section 613, is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.

(c)

Clerical amendment

The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B.

(d)

Effective date

The amendments made by this section shall apply to property placed in service after December 31, 2012.

615.

Repeal of American Recovery and Reinvestment Act of 2009 energy grant program

(a)

In general

Section 1603 of division B of the American Recovery and Reinvestment Act of 2009 is repealed.

(b)

Effective date

The amendment made by this section shall apply to property placed in service after December 31, 2011.

VII

Regulatory Relief

701.

Legislative stay

(a)

Establishment of standards

In place of the rules specified in subsection (b), and notwithstanding the date by which such rules would otherwise be required to be promulgated, the Administrator of the Environmental Protection Agency (in this title referred to as the Administrator) shall—

(1)

propose regulations for industrial, commercial, and institutional boilers and process heaters, and commercial and industrial solid waste incinerator units, subject to any of the rules specified in subsection (b)—

(A)

establishing maximum achievable control technology standards, performance standards, and other requirements under sections 112 and 129, as applicable, of the Clean Air Act (42 U.S.C. 7412, 7429); and

(B)

identifying non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such boilers, process heaters, or incinerator units are solid waste under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the Resource Conservation and Recovery Act) for purposes of determining the extent to which such combustion units are required to meet the emissions standards under section 112 of the Clean Air Act (42 U.S.C. 7412) or the emission standards under section 129 of such Act (42 U.S.C. 7429); and

(2)

finalize the regulations on the date that is 15 months after the date of the enactment of this Act.

(b)

Stay of earlier rules

The following rules are of no force or effect, shall be treated as though such rules had never taken effect, and shall be replaced as described in subsection (a):

(1)

National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters, published at 76 Fed. Reg. 15608 (March 21, 2011).

(2)

National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers, published at 76 Fed. Reg. 15554 (March 21, 2011).

(3)

Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, published at 76 Fed. Reg. 15704 (March 21, 2011).

(4)

Identification of Non-Hazardous Secondary Materials That Are Solid Waste, published at 76 Fed. Reg. 15456 (March 21, 2011).

(c)

Inapplicability of certain provisions

With respect to any standard required by subsection (a) to be promulgated in regulations under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions of subsections (g)(2) and (j) of such section 112 shall not apply prior to the effective date of the standard specified in such regulations.

702.

Compliance dates

(a)

Establishment of compliance dates

For each regulation promulgated pursuant to section 701, the Administrator—

(1)

shall establish a date for compliance with standards and requirements under such regulation that is, notwithstanding any other provision of law, not earlier than 5 years after the effective date of the regulation; and

(2)

in proposing a date for such compliance, shall take into consideration—

(A)

the costs of achieving emissions reductions;

(B)

any non-air quality health and environmental impact and energy requirements of the standards and requirements;

(C)

the feasibility of implementing the standards and requirements, including the time needed to—

(i)

obtain necessary permit approvals; and

(ii)

procure, install, and test control equipment;

(D)

the availability of equipment, suppliers, and labor, given the requirements of the regulation and other proposed or finalized regulations of the Environmental Protection Agency; and

(E)

potential net employment impacts.

(b)

New sources

The date on which the Administrator proposes a regulation pursuant to section 701(a)(1) establishing an emission standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall be treated as the date on which the Administrator first proposes such a regulation for purposes of applying the definition of a new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4)) or the definition of a new solid waste incineration unit under section 129(g)(2) of such Act (42 U.S.C. 7429(g)(2)).

(c)

Rule of construction

Nothing in this title shall be construed to restrict or otherwise affect the provisions of paragraphs (3)(B) and (4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)).

703.

Energy recovery and conservation

Notwithstanding any other provision of law, and to ensure the recovery and conservation of energy consistent with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the Resource Conservation and Recovery Act), in promulgating rules under section 701(a) addressing the subject matter of the rules specified in paragraphs (3) and (4) of section 701(b), the Administrator—

(1)

shall adopt the definitions of the terms commercial and industrial solid waste incineration unit, commercial and industrial waste, and contained gaseous material in the rule entitled Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, published at 65 Fed. Reg. 75338 (December 1, 2000); and

(2)

shall identify non-hazardous secondary material to be solid waste only if—

(A)

the material meets such definition of commercial and industrial waste; or

(B)

if the material is a gas, it meets such definition of contained gaseous material.

704.

Other provisions

(a)

Establishment of standards achievable in practice

In promulgating rules under section 701(a), the Administrator shall ensure that emissions standards for existing and new sources established under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as applicable, can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category, taking into account variability in actual source performance, source design, fuels, inputs, controls, ability to measure the pollutant emissions, and operating conditions.

(b)

Regulatory alternatives

For each regulation promulgated pursuant to section 701(a), from among the range of regulatory alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et seq.) including work practice standards under section 112(h) of such Act (42 U.S.C. 7412(h)), the Administrator shall impose the least burdensome, consistent with the purposes of such Act and Executive Order No. 13563 published at 76 Fed. Reg. 3821 (January 21, 2011).

(c)

Deduction for capital expenditures relating to energy property

(1)

In general

(A)

In general

Part VI of subchapter B of chapter 1 is amended by inserting after section 179E the following new section:

179F.

Election to expense property used in the production of energy

(a)

Treatment as expenses

A taxpayer may elect to treat the cost of any property used in the production of energy as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the property is placed in service.

(b)

Election

(1)

In general

An election under this section for any taxable year shall be made on the taxpayer’s return of the tax imposed by this chapter for the taxable year. Such election shall specify the property to which the election applies and shall be made in such manner as the Secretary may by regulations prescribe.

(2)

Election irrevocable

Any election made under this section may not be revoked except with the consent of the Secretary.

(c)

Property used in the production of energy

For purposes of this section, the term property used in the production of energy means property—

(1)

used in the production of energy,

(2)

the original use of which commences with the taxpayer, and

(3)

which is placed in service by the taxpayer after the date of the enactment of this section.

(d)

Coordination

No expenditures shall be taken into account under subsection (a) with respect to the portion of the cost of any property taken into account in determining a credit or deduction under any other section of this chapter.

(e)

Basis reduction

For purposes of this subtitle, if a deduction is allowed under this section with respect to any property, the basis of such property shall be reduced by the amount of the deduction so allowed.

(f)

Reporting

No deduction shall be allowed under subsection (a) to any taxpayer for any taxable year unless such taxpayer files with the Secretary a report containing such information with respect to the operation of the mines of the taxpayer as the Secretary shall require.

.

(B)

Section 1016(a) is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and, and by adding at the end the following new paragraph:

(38)

to the extent provided in section 179F(e).

.

(C)

Section 263(a)(1) of the Internal Revenue Code of 1986 (relating to capital expenditures) is amended by striking or at the end of subparagraph (K), by striking the period at the end of paragraph (L) and inserting , or, and by adding at the end the following new subparagraph:

(M)

expenditures for which a deduction is allowed under section 179F.

.

(D)

Section 1245(a) of such Code is amended by inserting 179F, after 179E, both places it appears in paragraphs (2)(C) and (3)(C).

(E)

The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179E the following new item:

Sec. 179F. Election to expense property used in the production of energy.

.

(2)

Effective date

The amendments made by this subsection shall apply to taxable years beginning after December 31, 2012.

705.

Management and disposal of coal combustion residuals

(a)

Amendment to subtitle D of the Solid Waste Disposal Act

Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section:

4011.

Management and disposal of coal combustion residuals

(a)

State permit programs for coal combustion residuals

Each State may adopt and implement a coal combustion residuals permit program.

(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)(2)(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 subsections (f)(1)(A) and (f)(1)(C)), 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 agency responsible for implementing the coal combustion residuals permit program shall submit to the Administrator a certification that such coal combustion residuals permit program meets the specifications described in subsection (c)(1).

(B)

Contents

A certification submitted under this paragraph shall include—

(i)

a letter identifying the lead State agency responsible for implementing the coal combustion residuals permit program, 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)

a narrative description that provides an explanation of how the State will ensure that the 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; and

(III)

public participation process for the promulgation, amendment, or repeal of regulations for, and the issuance of permits under, such permit program;

(iv)

a legal certification that the State has, at the time of certification, fully effective statutes or regulations necessary to implement a coal combustion residuals permit program that meets the specifications described in subsection (c)(1); and

(v)

copies of State statutes and regulations described in clause (iv).

(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 agency responsible for implementing a coal combustion residuals permit program in a State shall maintain an approved program under section 4005(c) or an authorized program under section 3006.

(c)

Permit program specifications

(1)

Minimum requirements

The specifications described in this subsection for a coal combustion residuals permit program are as follows:

(A)

The revised criteria described in paragraph (2) shall apply to a coal combustion residuals permit program, except as provided in paragraph (3).

(B)

Each structure shall be, in accordance with generally accepted engineering standards for the structural integrity of such structures, designed, constructed, and maintained to provide for containment of the maximum volumes of coal combustion residuals appropriate for the structure. If a structure is determined by the head of the agency responsible for implementing the coal combustion residuals permit program to be deficient, the head of such agency has authority to require action to correct the deficiency according to a schedule determined by such agency. If the identified deficiency is not corrected according to such schedule, the head of such agency has authority to require that the structure close in accordance with subsection (h).

(C)

The coal combustion residuals permit program shall apply the revised criteria promulgated pursuant to section 4010(c) for location, design, groundwater monitoring, corrective action, financial assurance, closure, and post-closure described in paragraph (2) and the specifications described in this paragraph to surface impoundments.

(D)

If a structure that is classified 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) is determined by the head of the agency responsible for implementing the coal combustion residuals permit program to be deficient with respect to the structural integrity requirement in subparagraph (B), the head of such agency has authority to require action to correct the deficiency according to a schedule determined by such agency. If the identified deficiency is not corrected according to such schedule, the head of such agency has authority to require that the structure close in accordance with subsection (h).

(E)

New structures that first receive coal combustion residuals after the date of enactment of this section shall be constructed with a base located a minimum of two feet above the upper limit of the natural water table.

(F)

In the case of a coal combustion residuals permit program implemented by a State, the State has the authority to inspect structures and implement and enforce such permit program.

(G)

In the case of a coal combustion residuals permit program implemented by a State, the State has the authority to address wind dispersal of dust from coal combustion residuals by requiring dust control measures, as determined appropriate by the head of the lead State agency responsible for implementing the coal combustion residuals permit program.

(2)

Revised criteria

The revised criteria described in this paragraph are—

(A)

the revised criteria for design, groundwater monitoring, corrective action, closure, and post-closure, for structures, including—

(i)

for new structures, and lateral expansions of existing structures, that first receive coal combustion residuals 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; and

(ii)

for all structures that receive coal combustion residuals 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 paragraph, such 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, the constituents aluminum, boron, chloride, fluoride, iron, manganese, molybdenum, pH, sulfate, and total dissolved solids;

(B)

the revised criteria for location restrictions described in—

(i)

for new structures, and lateral expansions of existing structures, that first receive coal combustion residuals 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 after the date of enactment of this section, sections 258.11 and 258.15 of title 40, Code of Federal Regulations;

(C)

for all structures that receive coal combustion residuals 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;

(D)

for all structures that receive coal combustion residuals 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;

(E)

for all structures that receive coal combustion residuals 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;

(F)

for all structures that receive coal combustion residuals 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;

(G)

for landfills and other land-based units, other than surface impoundments, that receive coal combustion residuals 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; and

(H)

for surface impoundments that receive coal combustion residuals 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)

Applicability of certain requirements

A State may determine that one or more of the requirements of the revised criteria described in paragraph (2) is not needed for the management of coal combustion residuals in that State, and may decline to apply such requirement as part of its coal combustion residuals permit program. If a State declines to apply a requirement under this paragraph, the State shall include in the certification under subsection (b)(2) a description of such requirement and the reasons such requirement is not needed in the State. If the Administrator determines that a State determination under this paragraph does not accurately reflect the needs for the management of coal combustion residuals in the State, the Administrator may treat such State determination as a deficiency under subsection (d).

(d)

Written notice and opportunity to remedy

(1)

In general

The Administrator shall provide to a State written notice and an opportunity to remedy deficiencies in accordance with paragraph (2) if at any time the State—

(A)

does not satisfy the notification requirement under subsection (b)(1);

(B)

has not submitted a certification under subsection (b)(2);

(C)

does not satisfy the maintenance requirement under subsection (b)(3); or

(D)

is not implementing a coal combustion residuals permit program that meets the specifications described in subsection (c)(1).

(2)

Contents of notice; deadline for response

A notice provided under this subsection shall—

(A)

include findings of the Administrator detailing any applicable deficiencies in—

(i)

compliance by the State with the notification requirement under subsection (b)(1);

(ii)

compliance by the State with the certification requirement under subsection (b)(2);

(iii)

compliance by the State with the maintenance requirement under subsection (b)(3); and

(iv)

the State coal combustion residuals permit program in meeting the specifications described in subsection (c)(1); and

(B)

identify, in collaboration with the State, a reasonable deadline, which shall be not sooner than 6 months after the State receives the notice, by which the State shall remedy the deficiencies detailed under subparagraph (A).

(e)

Implementation by Administrator

(1)

In general

The Administrator shall implement a coal combustion residuals permit program for a State only in the following circumstances:

(A)

If the Governor of such State notifies the Administrator under subsection (b)(1) that such State will not adopt and implement such a permit program.

(B)

If such State has received a notice under subsection (d) and, after any review brought by the State under section 7006, fails, by the deadline identified in such notice under subsection (d)(2)(B), to remedy the deficiencies detailed in such notice under subsection (d)(2)(A).

(C)

If such State informs the Administrator, in writing, that such State will no longer implement such a permit program.

(2)

Requirements

If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1), such permit program shall consist of the specifications described in subsection (c)(1).

(3)

Enforcement

If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1), the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures and the Administrator may use such authorities to inspect, gather information, and enforce the requirements of this section in the State.

(f)

State control after implementation by Administrator

(1)

State control

(A)

New adoption and implementation by State

For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(A), 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 that the State coal combustion residuals permit program meets the specifications described in subsection (c)(1); 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 the deficiencies detailed in the notice provided under subsection (d)(2)(A); and

(ii)

receiving from the Administrator—

(I)

a determination 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.

(C)

Resumption of implementation by State

For a State for which the Administrator is implementing a coal combustion residuals permit program under 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 that the State coal combustion residuals permit program meets the specifications described in subsection (c)(1); 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 (1)(C)(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

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 actions and orders until such time as the Administrator or the head of the lead State agency responsible for implementing the coal combustion residuals permit program, as applicable—

(i)

implements changes to the requirements of the coal combustion residuals permit program with respect to the basis for the action or order; or

(ii)

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) 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)

Closure

If it is determined, pursuant to a coal combustion residuals permit program, 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 and that takes into account the nature and the site-specific characteristics of the structure to be closed. In the case of a surface impoundment, the closure plan shall require, at a minimum, the removal of liquid and the stabilization of remaining waste, as necessary to support the final cover.

(i)

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 subsection (e) of this section and section 6005 of this title, 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 to affect the authority of the Administrator under section 7003 with respect to coal combustion residuals.

(C)

Technical and 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 technical or enforcement assistance requested.

(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.

(j)

Mine reclamation activities

A coal combustion residuals permit program implemented under subsection (e) by the Administrator shall not apply to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations.

(k)

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 nonhazardous 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 a permit program or other system of prior approval and conditions that is adopted by or for a State for the management and disposal of coal combustion residuals to the extent such activities occur in structures in such State.

(3)

Structure

The term structure means a landfill, surface impoundment, or other land-based unit which may receive coal combustion residuals.

(4)

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) in accordance with the requirement of such section that the criteria protect human health and the environment.

.

(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.

.

(c)

2000 Regulatory determination

Nothing in this section, or the amendments made by this section, 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.).

VIII

Attainment of National Ambient Air Quality Standards

801.

Air quality monitoring and modeling methodologies

(a)

Nonattainment designation To be based on monitoring data

Section 107 of the Clean Air Act (42 U.S.C. 7407) is amended by adding at the end the following:

(f)

Nonattainment designation To be based on monitoring data

Any designation or redesignation of an area or portion of an area within a State or interstate area as a nonattainment area for a pollutant within the meaning of subsection (d)(1)(A)(i) shall—

(1)

be based on monitoring data; and

(2)

not take into consideration modeling data.

.

(b)

Air quality modeling methodologies

(1)

Methodologies

Section 110 of the Clean Air Act (42 U.S.C. 7410) is amended by adding at the end the following:

(d)

Air quality modeling methodologies

The Administrator shall, by regulation, set forth the air quality modeling methodologies required to be used for purposes of air quality modeling pursuant to subsection (a)(2)(K).

.

(2)

Regulations

The Administrator of the Environmental Protection Agency shall promulgate final regulations, as required by section 110(d) of the Clean Air Act, as added by paragraph (1), not later than one year after the date of the enactment of this Act.

802.

Extending compliance for NAAQS attainment for downwind States

Section 181 of the Clean Air Act (42 U.S.C. 7511) is amended by adding at the end the following:

(d)

Extended attainment date for certain downwind areas

(1)

Definitions

In this subsection:

(A)

The term upwind area means an area that—

(i)

affects nonattainment in another area (in this subsection referred to as the downwind area); and

(ii)

is either—

(I)

a nonattainment area with a later attainment date than the downwind area; or

(II)

an area in another State that the Administrator has found to be significantly contributing to nonattainment in the downwind area in violation of section 110(a)(2)(D) and for which the Administrator has established requirements through notice and comment rulemaking to reduce the emissions causing such significant contribution.

(B)

The term current classification means the classification of a downwind area under this section at the time of the determination under paragraph (2).

(2)

Extension

Notwithstanding subsection (b)(2), a downwind area that is not in attainment within 18 months of the attainment deadline required under this section may seek an extension of time to come into attainment by petitioning the Administrator for such an extension. If the Administrator—

(A)

determines that the area is a downwind area with respect to a particular national ambient air quality standard for ozone;

(B)

approves a plan revision for such area as provided in paragraph (3) prior to a reclassification under subsection (b)(2)(A); and

(C)

determines that the petitioning downwind area has demonstrated that it is affected by transport from an upwind area to a degree that affects the area’s ability to attain,

the Administrator, in lieu of such reclassification, may extend the attainment date for such downwind area for such standard in accordance with paragraph (5).
(3)

Approval

In order to extend the attainment date for a downwind area under this subsection, the Administrator may approve a revision of the applicable implementation plan for the downwind area for the national ambient air quality standard that—

(A)

complies with all requirements of this Act applicable under the current classification of the downwind area, including any requirements applicable to the area under section 172(c) for such standard;

(B)

includes any additional measures needed to demonstrate attainment by the extended attainment date provided under this subsection, and provides for implementation of those measures as expeditiously as practicable; and

(C)

provides appropriate measures to ensure that no area downwind of the area receiving the extended attainment date will be affected by transport to a degree that affects the other area’s ability to attain.

(4)

Prior reclassification determination

If, after April 1, 2003, and prior to the time the 1-hour ozone standard no longer applies to a downwind area, the Administrator made a reclassification determination under subsection (b)(2)(A) for such downwind area, and the Administrator approves a plan consistent with subparagraphs (A) and (B) for such area, the reclassification shall be withdrawn and, for purposes of implementing the 8-hour ozone national ambient air quality standard, the area shall be treated as if the reclassification never occurred. Such plan must be submitted no later than 12 months following enactment of this subsection, and—

(A)

the plan revision for the downwind area must comply with all control and planning requirements of this Act applicable under the classification that applied immediately prior to reclassification, including any requirements applicable to the area under section 172(c) for such standard; and

(B)

the plan must include any additional measures needed to demonstrate attainment no later than the date on which the last reductions in pollution transport that have been found by the Administrator to significantly contribute to nonattainment are required to be achieved by the upwind area or areas.

(5)

Extended date

The attainment date extended under this subsection shall provide for attainment of such national ambient air quality standard for ozone in the downwind area as expeditiously as practicable but no later than the new date that the area would have been subject to had it been reclassified under subsection (b)(2).

(6)

Rulemaking

Within 12 months after the enactment of this subsection, the Administrator shall, after notice and comment, promulgate rules to determine, for purposes of paragraphs (2) and (3), when an area is affected by transport to a degree that affects the area’s ability to attain. The purpose of such rules shall be to ensure that downwind areas are not unjustly penalized.

.

IX

Sub-Basin Reporting of Greenhouse Gas Emissions

901.

Sub-basin reporting of greenhouse gas emissions

Section 114 of the Clean Air Act (42 U.S.C. 7414) is amended by adding at the end the following:

(e)

Reporting of greenhouse gas emissions from petroleum and natural gas systems

In requiring any owner or operator of any facility in the petroleum and natural gas system source category (as such terms are used in part 98 of title 40, Code of Federal Regulations, and any successor regulations) to report greenhouse gas emissions from facilities in such category, the Administrator shall allow the owner or operator, at its election—

(1)

to designate sub-basins consisting of similar fields within a larger basin; and

(2)

to report such emissions from such sub-basins instead of reporting such emissions from the larger basin.

.

X

Implementation of National Ocean Policy

1001.

Prohibition on use of funds

(a)

Federal departments and agencies are prohibited from performing activities to implement Executive Order 13547.

XI

Other Provisions

1101.

Administrative record

The administrative record compiled by an agency regarding an application for a permit, authorization, or other agency action involving a Priority Energy Project shall be the sole and exclusive record for any appeal or review of the permit action or other activity by that agency or other agency, as applicable. Upon final agency action, such record shall be closed and shall not be subject to any further evidentiary proceedings or requirements unless requested by the applicant.

1102.

Statement of energy effects

(a)

Preparation

(1)

Requirement

An agency shall prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, for each proposed significant energy action.

(2)

Contents

A Statement of Energy Effects shall consist of a detailed statement by the agency responsible for the significant energy action relating to—

(A)

any adverse effects on energy supply, distribution, or use (including a shortfall in supply, price increases, and increased use of foreign supplies) should the proposal be implemented; and

(B)

reasonable alternatives to the action with adverse energy effects, and the expected effects of such alternatives on energy supply, distribution, and use.

(3)

Guidance and consultation

The Administrator of the Office of Information and Regulatory Affairs shall provide guidance to the agencies on the implementation of this section and shall consult with other agencies as appropriate in the implementation of this section.

(b)

Publication

Agencies shall publish their Statements of Energy Effects, or a summary thereof, in each related notice of proposed rulemaking and in any resulting final rule.

(c)

Definitions

For purposes of this subsection—

(1)

the term agency has the meaning given that term in paragraph (1) of section 3502 of title 44, United States Code, except that the term does not include an independent regulatory agency, as defined in paragraph (5) of that section; and

(2)

the term significant energy action means any action by an agency that is expected to lead to promulgation of a final regulation and that—

(A)

is likely to have a significant adverse effect on the supply, distribution, or use of energy; or

(B)

is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action.

1103.

Priority-Energy Project permit duration

The approval to construct or operate a Priority Energy Project pursuant to any Federal permit, as applicable, shall remain valid and authorized for the later of—

(1)

18 months following the date on which the last permit needed by a Priority Energy Project to commence construction or operation is final and no longer subject to judicial review;

(2)

3 years; or

(3)

in the case of a nationwide permit issued by the Army Corps of Engineers pursuant to part 330 of title 33, Code of Federal Regulations, 5 years.

1104.

Exemption for takings of migratory bird incidental to energy development and production

Section 6 of The Migratory Bird Treaty Act (16 U.S.C. 707) is amended in subsection (a) by striking not more than and all that follows through the end of the subsection and inserting not more than $1,000..