U.S. Congress - Text of H.R.4301 as Introduced in House Energy Exploration and Production to Achieve National Demand Act
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Donate NowH.R.4301 - Energy Exploration and Production to Achieve National Demand Act
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.
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HR 4301 IHCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 4301CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
March 29, 2012CommentsClose CommentsPermalink
March 29, 2012CommentsClose CommentsPermalink
Mr. DUNCAN of South Carolina (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 concernedCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Energy Exploration and Production to Achieve National Demand Act’ or the ‘EXPAND Act’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is the following:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. Findings and purposes.CommentsClose CommentsPermalink
Sec. 4. Statement of policy.CommentsClose CommentsPermalink
Sec. 5. Definitions.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 102. Extension of deepwater oil and natural gas leases in Gulf of Mexico.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 122. Geological and geophysical activities in expanded leasing areas.CommentsClose CommentsPermalink
Sec. 123. Payments from areas newly available to leasing.CommentsClose CommentsPermalink
Sec. 124. Definitions under the Outer Continental Shelf Lands Act.CommentsClose CommentsPermalink
Sec. 125. Determination of adjacent zones and planning areas.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 132. Conduct of leasing program.CommentsClose CommentsPermalink
Sec. 133. Federal and State distribution of revenues.CommentsClose CommentsPermalink
Sec. 134. Rights-of-way across the Coastal Plain.CommentsClose CommentsPermalink
Sec. 135. Conveyance.CommentsClose CommentsPermalink
Sec. 136. Local government impact aid and community service assistance.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 142. Regional offices and regional permit coordinators.CommentsClose CommentsPermalink
Sec. 143. Reviews and actions of Federal agencies.CommentsClose CommentsPermalink
Sec. 144. Lead agency.CommentsClose CommentsPermalink
Sec. 145. Congressional review of agency rulemaking.CommentsClose CommentsPermalink
Sec. 146. State coordination regarding Federal oil and gas permitting.CommentsClose CommentsPermalink
Sec. 147. State consultation.CommentsClose CommentsPermalink
Sec. 148. Savings provision.CommentsClose CommentsPermalink
Sec. 149. Review of agency permitting decisions.CommentsClose CommentsPermalink
Sec. 150. Deadline for decision on agency appeals.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 162. Wilderness designation procedures.CommentsClose CommentsPermalink
Sec. 163. Future executive branch actions.CommentsClose CommentsPermalink
Sec. 164. Leases for development of natural resources on Indian lands.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 172. Energy production on Federal lands.CommentsClose CommentsPermalink
Sec. 173. Jurisdiction.CommentsClose CommentsPermalink
Sec. 174. Judicial review.CommentsClose CommentsPermalink
Sec. 175. Time for filing petition for judicial review; standing, filing of record.CommentsClose CommentsPermalink
Sec. 176. Limitation on scope of review and relief.CommentsClose CommentsPermalink
Sec. 177. Exclusion.CommentsClose CommentsPermalink
Subtitle G--Development of Solar and Wind Energy on Public Land
Sec. 181. Definitions.CommentsClose CommentsPermalink
Sec. 182. Programmatic environmental impact statements and land use planning.CommentsClose CommentsPermalink
Sec. 183. Development of solar and wind energy on public land.CommentsClose CommentsPermalink
Sec. 184. Disposition of revenues.CommentsClose CommentsPermalink
Subtitle H--Miscellaneous Provisions
Sec. 191. Military operations.CommentsClose CommentsPermalink
Sec. 192. Environmental sensitivity analysis under the program.CommentsClose CommentsPermalink
Sec. 193. Validity of existing leases.CommentsClose CommentsPermalink
Sec. 194. Integrity of lease sales and leasing schedule.CommentsClose CommentsPermalink
Sec. 195. Authority to conduct offshore drilling under approved permits.CommentsClose CommentsPermalink
Sec. 196. Time requirement to act on oil and natural gas drilling permits.CommentsClose CommentsPermalink
Sec. 197. Timely issuance of onshore oil and gas leases.CommentsClose CommentsPermalink
Sec. 198. State auditing.CommentsClose CommentsPermalink
TITLE II--CONTINENTAL PIPELINE APPROVAL
Sec. 201. Keystone XL pipeline permit approval.CommentsClose CommentsPermalink
TITLE III--RADIOLOGICAL MATERIAL REPOSITORY
Sec. 301. Radiological material repository.CommentsClose CommentsPermalink
TITLE IV--RELIEF FROM REGULATIONS AND PROHIBITIONS THAT CAUSE ARTIFICIAL PRICE INCREASES
Sec. 401. Endangered Species Act of 1973 reform.CommentsClose CommentsPermalink
Sec. 402. Repeal of EPA climate change regulation.CommentsClose CommentsPermalink
Sec. 403. Repeal of Federal ban on synthetic fuels purchasing requirement.CommentsClose CommentsPermalink
Sec. 404. Repeal of ethanol mandates.CommentsClose CommentsPermalink
TITLE V--REFINERY REFORM
Sec. 501. Refinery permitting process.CommentsClose CommentsPermalink
Sec. 502. Existing refinery permit application deadline.CommentsClose CommentsPermalink
TITLE VI--REPEAL OF ENERGY TAX SUBSIDIES
Sec. 600. Amendment of 1986 code.CommentsClose CommentsPermalink
Sec. 601. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures.CommentsClose CommentsPermalink
Sec. 602. Repeal of credit for certain plug-in electric vehicles.CommentsClose CommentsPermalink
Sec. 603. Early termination of credit for qualified fuel cell motor vehicles.CommentsClose CommentsPermalink
Sec. 604. Repeal of alternative fuel vehicle refueling property credit.CommentsClose CommentsPermalink
Sec. 605. Repeal of credit for alcohol used as fuel.CommentsClose CommentsPermalink
Sec. 606. Repeal of credit for biodiesel and renewable diesel used as fuel.CommentsClose CommentsPermalink
Sec. 607. Repeal of enhanced oil recovery credit.CommentsClose CommentsPermalink
Sec. 608. Termination of credit for electricity produced from certain renewable resources.CommentsClose CommentsPermalink
Sec. 609. Repeal of credit for producing oil and gas from marginal wells.CommentsClose CommentsPermalink
Sec. 610. Termination of credit for production from advanced nuclear power facilities.CommentsClose CommentsPermalink
Sec. 611. Repeal of credit for carbon dioxide sequestration.CommentsClose CommentsPermalink
Sec. 612. Termination of energy credit.CommentsClose CommentsPermalink
Sec. 613. Repeal of qualifying advanced coal project.CommentsClose CommentsPermalink
Sec. 614. Repeal of qualifying gasification project credit.CommentsClose CommentsPermalink
Sec. 615. Repeal of American Recovery and Reinvestment Act of 2009 energy grant program.CommentsClose CommentsPermalink
TITLE VII--REGULATORY RELIEF
Sec. 701. Legislative stay.CommentsClose CommentsPermalink
Sec. 702. Compliance dates.CommentsClose CommentsPermalink
Sec. 703. Energy recovery and conservation.CommentsClose CommentsPermalink
Sec. 704. Other provisions.CommentsClose CommentsPermalink
Sec. 705. Management and disposal of coal combustion residuals.CommentsClose CommentsPermalink
TITLE VIII--ATTAINMENT OF NATIONAL AMBIENT AIR QUALITY STANDARDS
Sec. 801. Air quality monitoring and modeling methodologies.CommentsClose CommentsPermalink
Sec. 802. Extending compliance for NAAQS attainment for downwind States.CommentsClose CommentsPermalink
TITLE IX--SUB-BASIN REPORTING OF GREENHOUSE GAS EMISSIONS
Sec. 901. Sub-basin reporting of greenhouse gas emissions.CommentsClose CommentsPermalink
TITLE X--IMPLEMENTATION OF NATIONAL OCEAN POLICY
Sec. 1001. Prohibition on use of funds.CommentsClose CommentsPermalink
TITLE XI--OTHER PROVISIONS
Sec. 1101. Administrative record.CommentsClose CommentsPermalink
Sec. 1102. Statement of energy effects.CommentsClose CommentsPermalink
Sec. 1103. Priority-Energy Project permit duration.CommentsClose CommentsPermalink
Sec. 1104. Exemption for takings of migratory bird incidental to energy development and production.CommentsClose CommentsPermalink
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings- The Congress finds that--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) the domestic oil and natural gas industry is responsible for approximately 9.2 million jobs;CommentsClose CommentsPermalink
(3) the United States has substantial undeveloped oil and natural gas resources underlying Federal lands;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(D) to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; andCommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(12) the Outer Continental Shelf Lands Act (
(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;CommentsClose CommentsPermalink
(14) the Coastal Plain of Alaska is an important potential new source of domestic oil and gas production;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(19) nuclear power plants virtually eliminate emissions of greenhouse gases and criteria pollutants associated with acid rain, smog, or ozone;CommentsClose CommentsPermalink
(20) nuclear energy supplies consistent, baseload electricity, independent of environmental conditions;CommentsClose CommentsPermalink
(21) nuclear power is a safe, reliable, efficient, and affordable source of energy;CommentsClose CommentsPermalink
(22) between 1960 and 1980, the Nuclear Regulatory Commission issued 169 permits to construct nuclear power facilities;CommentsClose CommentsPermalink
(23) even if every nuclear power plant is granted a 20-year extension, all currently operating nuclear power plants will be retired by 2055;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(30) the Nuclear Waste Policy Act of 1982 (
(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;CommentsClose CommentsPermalink
(32) the Congress reaffirmed Yucca Mountain as the sole candidate site for a geologic repository in 2001;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(37) the United States has 58,000 tons of radiological material stored at more than 100 sites in 39 States;CommentsClose CommentsPermalink
(38) the 104 commercial nuclear reactors operating in the United States produce approximately 2,000 tons of spent nuclear fuel every year;CommentsClose CommentsPermalink
(39) the Yucca Mountain repository’s capacity is statutorily limited to 70,000 tons of waste but can safely hold 120,000 tons;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(41) permanent geologic storage capacity is a finite resource on which the industry depends; andCommentsClose CommentsPermalink
(42) operators have the technical expertise to develop new and more efficient processes of disposing of new radiological material.CommentsClose CommentsPermalink
(b) Purposes- The purposes of this Act are to--CommentsClose CommentsPermalink
(1) promote expansion of domestic employment opportunities;CommentsClose CommentsPermalink
(2) respond to the Nation’s increased need for domestic energy resources, including oil and natural gas resources;CommentsClose CommentsPermalink
(3) support the utilization of the outer Continental Shelf for oil and gas production and transmission;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(5) ensure the continued leasing of outer Continental Shelf areas pursuant to the Final Outer Continental Shelf Oil and Gas Leasing Program, 2007-2012;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(7) promote process streamlining and increased interagency efficiency, including elimination of interagency duplication of effort;CommentsClose CommentsPermalink
(8) improve information sharing among agencies and understanding of respective agency roles and responsibilities;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(10) promote responsible stewardship of Federal oil and gas resources;CommentsClose CommentsPermalink
(11) maintain high standards of safety and environmental protection; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
SEC. 5. DEFINITIONS.
For purposes of this Act--CommentsClose CommentsPermalink
(1) ACT- The term ‘Act’ means the Outer Continental Shelf Lands Act (
(2) AUTHORIZING LEASING STATUTE- The term ‘authorizing leasing statute’ means the Outer Continental Shelf Lands Act (
(3) COASTAL PLAIN- The term ‘Coastal Plain’ means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.CommentsClose CommentsPermalink
(4) COVERED OIL AND NATURAL GAS ACTIVITY- The term ‘covered oil and natural gas activity’ means--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5) OTHER TERMS- Any terms used in this Act shall have the meaning such term has in the Act.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(8) PROGRAM- The term ‘program’ means a Final Outer Continental Shelf Oil and Gas Leasing Program issued pursuant to section 18 of the Act (
(9) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, unless otherwise indicated.CommentsClose CommentsPermalink
TITLE I--DEVELOPMENT OF FEDERAL ENERGY RESOURCESCommentsClose CommentsPermalink
TITLE I--DEVELOPMENT OF FEDERAL ENERGY RESOURCESCommentsClose CommentsPermalink
Subtitle A--Oil and Gas Leasing in the Gulf of MexicoCommentsClose CommentsPermalink
Subtitle A--Oil and Gas Leasing in the Gulf of MexicoCommentsClose CommentsPermalink
SEC. 101. LEASING IN THE EASTERN GULF OF MEXICO.
(a) Termination of Moratorium- Section 104 of the Gulf of Mexico Energy Security Act of 2006 (
(b) National Defense Area- Section 12(d) of the Outer Continental Shelf Lands Act (
(1) by striking ‘The United States’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The United States’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(c) Leasing of Moratorium Areas-CommentsClose CommentsPermalink
(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 (
(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 (
(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 (
(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 (
SEC. 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 (
(b) Extension of Covered Leases- The Secretary of the Interior shall extend the term of a covered lease by 24 months.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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).CommentsClose CommentsPermalink
Subtitle B--Scheduled Leasing, Exploration, and Development of Oil and Natural Gas in the Federal Outer Continental ShelfCommentsClose CommentsPermalink
Subtitle B--Scheduled Leasing, Exploration, and Development of Oil and Natural Gas in the Federal Outer Continental ShelfCommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(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 (
(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 (
(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.CommentsClose CommentsPermalink
(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 (
SEC. 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 (
(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.CommentsClose CommentsPermalink
(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 (
SEC. 123. PAYMENTS FROM AREAS NEWLY AVAILABLE TO LEASING.
(a) In General- Notwithstanding section 9 of the Act (
(b) Exclusions- Subsection (a) shall not apply to--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(2) revenues generated from leases subject to section 8(g) of the Act (
(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.CommentsClose CommentsPermalink
(d) Gulf of Mexico Outer Continental Shelf Revenues-CommentsClose CommentsPermalink
(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
(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
SEC. 124. DEFINITIONS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.
Section 2 of the Outer Continental Shelf Lands Act (
(1) by amending paragraph (f) to read as follows:CommentsClose CommentsPermalink
‘(f) The term ‘affected State’ means the Adjacent State.’;CommentsClose CommentsPermalink
(2) by striking the semicolon at the end of each of paragraphs (a) through (o) and inserting a period;CommentsClose CommentsPermalink
(3) by striking ‘; and’ at the end of paragraph (p) and inserting a period;CommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(u) The term ‘miles’ means statute miles.CommentsClose CommentsPermalink
‘(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) ).CommentsClose CommentsPermalink‘(w) The term ‘Neighboring State’ means a coastal State having a common boundary at the coastline with the Adjacent State.’; andCommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
SEC. 125. DETERMINATION OF ADJACENT ZONES AND PLANNING AREAS.
Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (
Subtitle C--Leasing, Exploration, and Development of Oil and Natural Gas Resources in Portions of the Coastal Plain of AlaskaCommentsClose CommentsPermalink
Subtitle C--Leasing, Exploration, and Development of Oil and Natural Gas Resources in Portions of the Coastal Plain of AlaskaCommentsClose CommentsPermalink
SEC. 131. ESTABLISHMENT OF LEASING PROGRAM FOR COASTAL PLAIN.
The Secretary shall take such actions as are necessary--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 132. CONDUCT OF LEASING PROGRAM.
(a) Repeal-CommentsClose CommentsPermalink
(1) REPEAL- Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (
(2) CONFORMING AMENDMENT- The table of contents in section 1 of such Act is amended by striking the item relating to section 1003.CommentsClose CommentsPermalink
(b) Compliance With Requirements Under Certain Other Laws-CommentsClose CommentsPermalink
(1) COMPATIBILITY- For purposes of the National Wildlife Refuge System Administration Act of 1966 (
(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 (
(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 (
(c) Relationship to State and Local Authority- Nothing in this subtitle shall be considered to limit State and local regulatory authority.CommentsClose CommentsPermalink
(d) Special Areas-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(g) Lease Sales-CommentsClose CommentsPermalink
(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 (
(2) PROCEDURES- The Secretary shall, by regulation, establish procedures for--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) the holding of lease sales after such nomination process; andCommentsClose CommentsPermalink
(C) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.CommentsClose CommentsPermalink
(3) LEASE SALE BIDS- Bidding for leases under this subtitle shall be by sealed competitive cash bonus bids.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5) TIMING OF LEASE SALES- The Secretary shall--CommentsClose CommentsPermalink
(A) conduct the first lease sale under this subtitle within 18 months after the date of the enactment of this Act;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(C) conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales.CommentsClose CommentsPermalink
(h) Grant of Leases by the Secretary-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(i) Lease Terms and Conditions- An oil or gas lease issued pursuant to this subtitle shall--CommentsClose CommentsPermalink
(1) provide for the payment of a royalty of 37 1/2 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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(j) Lease Approval Deadlines-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) notify the applicant that the application is complete; orCommentsClose CommentsPermalink
(B) notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) issue the permit; orCommentsClose CommentsPermalink
(B)(i) defer the decision on the permit; andCommentsClose CommentsPermalink
(ii) provide to the applicant a notice that specifies any steps that the applicant could take for the permit to be issued.CommentsClose CommentsPermalink
(3) REQUIREMENTS FOR DEFERRED APPLICATIONS-CommentsClose CommentsPermalink
(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 (
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(k) Coastal Plain Environmental Protection-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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); andCommentsClose CommentsPermalink
(C) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(C) Design safety and construction standards for all pipelines and any access and service roads, that--CommentsClose CommentsPermalink
(i) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; andCommentsClose CommentsPermalink
(ii) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.CommentsClose CommentsPermalink
(D) Prohibitions on general public access and use on all pipeline access and service roads.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(F) Appropriate prohibitions or restrictions on access by all modes of transportation.CommentsClose CommentsPermalink
(G) Appropriate prohibitions or restrictions on sand and gravel extraction.CommentsClose CommentsPermalink
(H) Consolidation of facility siting.CommentsClose CommentsPermalink
(I) Appropriate prohibitions or restrictions on use of explosives.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(K) Avoidance or minimization of air traffic-related disturbance to fish and wildlife.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(M) Fuel storage and oil spill contingency planning.CommentsClose CommentsPermalink
(N) Research, monitoring, and reporting requirements.CommentsClose CommentsPermalink
(O) Field crew environmental briefings.CommentsClose CommentsPermalink
(P) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.CommentsClose CommentsPermalink
(Q) Compliance with applicable air and water quality standards.CommentsClose CommentsPermalink
(R) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.CommentsClose CommentsPermalink
(S) Reasonable stipulations for protection of cultural and archeological resources.CommentsClose CommentsPermalink
(T) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.CommentsClose CommentsPermalink
(l) Considerations- In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(m) Environmental Appeals Board-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) PERFORMANCE BY SECRETARY- The Administrator shall perform all duties currently assigned to the Environmental Appeals Board in the Secretary’s individual capacity.CommentsClose CommentsPermalink
(n) Facility Consolidation Planning-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) OBJECTIVES- The plan shall have the following objectives:CommentsClose CommentsPermalink
(A) Avoiding unnecessary duplication of facilities and activities.CommentsClose CommentsPermalink
(B) Encouraging consolidation of common facilities and activities.CommentsClose CommentsPermalink
(C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment.CommentsClose CommentsPermalink
(D) Utilizing existing facilities wherever practicable.CommentsClose CommentsPermalink
(E) Enhancing compatibility between wildlife values and development activities.CommentsClose CommentsPermalink
(o) Access to Public Lands- The Secretary shall--CommentsClose CommentsPermalink
(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 (
(2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.CommentsClose CommentsPermalink
(p) Expedited Judicial Review-CommentsClose CommentsPermalink
(1) FILING OF COMPLAINT-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(i) within the 90-day period beginning on the date of the action being challenged; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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 (
(b) Payments to Alaska- Payments to the State of Alaska under this section shall be made semiannually.CommentsClose CommentsPermalink
SEC. 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--CommentsClose CommentsPermalink
(1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act (
(2) under title XI of the Alaska National Interest Lands Conservation Act (
(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.CommentsClose CommentsPermalink
(c) Regulations- The Secretary shall include in regulations under section 132 provisions granting rights-of-way and easements described in subsection (a).CommentsClose CommentsPermalink
SEC. 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 (
(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 (
(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.CommentsClose CommentsPermalink
SEC. 136. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.
(a) Financial Assistance Authorized-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Use of Assistance- Financial assistance under this section may be used only for--CommentsClose CommentsPermalink
(1) planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence values;CommentsClose CommentsPermalink
(2) implementing mitigation plans and maintaining mitigation projects;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(4) establishment of a coordination office, by the North Slope Borough, in the City of Kaktovik, that shall--CommentsClose CommentsPermalink
(A) coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Application-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Establishment of Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund.CommentsClose CommentsPermalink
(2) USE- Amounts in the fund may be used only for providing financial assistance under this section.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) LIMITATION ON DEPOSITS- The total amount in the fund may not exceed $11,000,000.CommentsClose CommentsPermalink
(5) INVESTMENT OF BALANCES- The Secretary of the Treasury shall invest amounts in the fund in interest bearing government securities.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Subtitle D--Improvement of Interagency Coordination and Cooperation in the Processing of Federal Permits for Production of Domestic Oil and Gas ResourcesCommentsClose CommentsPermalink
Subtitle D--Improvement of Interagency Coordination and Cooperation in the Processing of Federal Permits for Production of Domestic Oil and Gas ResourcesCommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 142. REGIONAL OFFICES AND REGIONAL PERMIT COORDINATORS.
It is the sense of the Congress that--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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 (
(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;CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) consultation and preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (
(B) regulatory matters under the Clean Air Act (
(C) planning under the National Forest Management Act of 1976 (
(D) the preparation of analyses under the National Environmental Policy Act of 1969 (
(E) the preparation of analyses and the issuance of approvals as required under the Coastal Zone Management Act (
(F) authorizations pursuant to the Marine Mammal Protection Act of 1972 (
(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 (
(H) applications for permits to drill under the Mineral Leasing Act (
(I) exploration plans and development and production plans and associated permits under the Outer Continental Shelf Lands Act (
(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;CommentsClose CommentsPermalink
(7) each employee assigned pursuant to paragraph (6) should--CommentsClose CommentsPermalink
(A) within 90 days after the date of assignment, report to the regional office to which the employee is assigned;CommentsClose CommentsPermalink
(B) be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; andCommentsClose CommentsPermalink
(C) participate as part of the team working on proposed oil and gas projects, planning, and environmental analyses; andCommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) pursue interagency coordination and cooperation in the processing of permits required to support oil and gas use authorizations on Federal lands;CommentsClose CommentsPermalink
(B) maintain or enhance high standards of safety and environmental protection through improved coordination;CommentsClose CommentsPermalink
(C) achieve process streamlining and increased interagency efficiency, including elimination of duplication between Federal and State agencies;CommentsClose CommentsPermalink
(D) seek improved information sharing and use, and an improved understanding of respective agency mandates, roles, and responsibilities;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(F) establish mechanisms to enhance coordination with State agencies with expertise and responsibilities related to oil and gas use authorizations.CommentsClose CommentsPermalink
SEC. 143. REVIEWS AND ACTIONS OF FEDERAL AGENCIES.
(a) Schedules for Timely Permit Decisionmaking-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Permit Classes and Schedules-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) CLASS III PERMITS AND CATEGORICAL EXCLUSIONS-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Remedies-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) establish a schedule in accordance with subsection (b);CommentsClose CommentsPermalink
(B) enforce and ensure completion of reviews within schedule deadlines; orCommentsClose CommentsPermalink
(C) take all actions as are necessary and proper to avoid jeopardizing the timely completion of the entire schedule.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(g) Funding- The Secretary shall carry out this section with amounts that are otherwise available for related purposes.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(h) Relationship to NEPA and Energy Policy Act of 2005-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 390(a) of the Energy Policy Act of 2005 (
(A) by striking ‘rebuttable presumption that the use of a’; andCommentsClose CommentsPermalink
(B) by striking ‘would apply’.CommentsClose CommentsPermalink
(2) MINERAL LEASING ACT- Section 17(p) of the Mineral Leasing Act (
(i) Additional Powers and Responsibilities-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 145. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Chapter 8 of title 5, United States Code, is amended to read as follows:CommentsClose CommentsPermalink
‘CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
‘Sec.CommentsClose CommentsPermalink
‘801. Congressional review.CommentsClose CommentsPermalink
‘802. Congressional approval procedure for major rules.CommentsClose CommentsPermalink
‘803. Congressional disapproval procedure for nonmajor rules.CommentsClose CommentsPermalink
‘804. Definitions.CommentsClose CommentsPermalink
‘805. Judicial review.CommentsClose CommentsPermalink
‘806. Exemption for monetary policy.CommentsClose CommentsPermalink
‘807. Effective date of certain rules.CommentsClose CommentsPermalink
‘Sec. 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--CommentsClose CommentsPermalink
‘(i) a copy of the rule;CommentsClose CommentsPermalink
‘(ii) a concise general statement relating to the rule;CommentsClose CommentsPermalink
‘(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);CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(v) the proposed effective date of the rule.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title;CommentsClose CommentsPermalink
‘(iii) the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; andCommentsClose CommentsPermalink
‘(iv) any other relevant information or requirements under any other Act and any relevant Executive orders.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(b)(1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) necessary because of an imminent threat to health or safety or other emergency;CommentsClose CommentsPermalink
‘(B) necessary for the enforcement of criminal laws;CommentsClose CommentsPermalink
‘(C) necessary for national security; orCommentsClose CommentsPermalink
‘(D) issued pursuant to any statute implementing an international trade agreement.CommentsClose CommentsPermalink
‘(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) in the case of the Senate, 60 session days, orCommentsClose CommentsPermalink
‘(B) in the case of the House of Representatives, 60 legislative days,CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) such rule were published in the Federal Register on--CommentsClose CommentsPermalink
‘(I) in the case of the Senate, the 15th session day, orCommentsClose CommentsPermalink
‘(II) in the case of the House of Representatives, the 15th legislative day,CommentsClose CommentsPermalink
after the succeeding session of Congress first convenes; andCommentsClose CommentsPermalink
‘(ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).CommentsClose CommentsPermalink
‘Sec. 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--CommentsClose CommentsPermalink
‘(A) bears no preamble;CommentsClose CommentsPermalink
‘(B) bears the following title (with blanks filled as appropriate): ‘Approving the rule submitted by XXX relating to XXX.’;CommentsClose CommentsPermalink
‘(C) includes after its resolving clause only the following (with blanks filled as appropriate): ‘That Congress approves the rule submitted by XXX relating to XXX.’; andCommentsClose CommentsPermalink
‘(D) is introduced pursuant to paragraph (2).CommentsClose CommentsPermalink
‘(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)--CommentsClose CommentsPermalink
‘(A) in the case of the House of Representatives, within three legislative days; andCommentsClose CommentsPermalink
‘(B) in the case of the Senate, within three session days.CommentsClose CommentsPermalink
‘(3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) the joint resolution of the other House shall not be referred to a committee; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(h) This section and section 803 are enacted by Congress--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘Sec. 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 XXX relating to XXX, and such rule shall have no force or effect.’ (The blank spaces being appropriately filled in).CommentsClose CommentsPermalink
‘(b)(1) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.CommentsClose CommentsPermalink
‘(2) For purposes of this section, the term submission or publication date means the later of the date on which--CommentsClose CommentsPermalink
‘(A) the Congress receives the report submitted under section 801(a)(1); orCommentsClose CommentsPermalink
‘(B) the nonmajor rule is published in the Federal Register, if so published.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) after the expiration of the 60 session days beginning with the applicable submission or publication date, orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(1) The joint resolution of the other House shall not be referred to a committee.CommentsClose CommentsPermalink
‘(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution--CommentsClose CommentsPermalink
‘(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; butCommentsClose CommentsPermalink
‘(B) the vote on final passage shall be on the joint resolution of the other House.CommentsClose CommentsPermalink
‘Sec. 804. Definitions
‘For purposes of this chapter--CommentsClose CommentsPermalink
‘(1) The term ‘Federal agency’ means any agency as that term is defined in section 551(1).CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) an annual effect on the economy of $100,000,000 or more;CommentsClose CommentsPermalink
‘(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) The term ‘nonmajor rule’ means any rule that is not a major rule.CommentsClose CommentsPermalink
‘(4) The term ‘rule’ has the meaning given such term in section 551, except that such term does not include--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) any rule relating to agency management or personnel; orCommentsClose CommentsPermalink
‘(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.CommentsClose CommentsPermalink
‘Sec. 805. Judicial review
‘(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘Sec. 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.CommentsClose CommentsPermalink
‘Sec. 807. Effective date of certain rules
‘Notwithstanding section 801--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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,CommentsClose CommentsPermalink
shall take effect at such time as the Federal agency promulgating the rule determines.’.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
SEC. 148. SAVINGS PROVISION.
Except as expressly stated, nothing in this subtitle affects--CommentsClose CommentsPermalink
(1) the applicability of any Federal or State law; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Subtitle E--Prohibition on New Wilderness or Wilderness Study Areas on Lands Administered by the BLM Without Congressional Approval; Indian Land DevelopmentCommentsClose CommentsPermalink
Subtitle E--Prohibition on New Wilderness or Wilderness Study Areas on Lands Administered by the BLM Without Congressional Approval; Indian Land DevelopmentCommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(b) Public Participation-CommentsClose CommentsPermalink
(1) PUBLIC HEARING REQUIREMENT-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) REPORT-CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(iv) The record of any hearings held under paragraph (1).CommentsClose CommentsPermalink
(v) Any written comments received during the notice and comment period conducted under paragraph (2).CommentsClose CommentsPermalink
(B) PUBLICATION- The Secretary of Interior shall ensure that--CommentsClose CommentsPermalink
(i) a report submitted to Congress under subparagraph (A) is published on the Department of Interior Web site upon completion; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Congressional Approval of Designation-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
SEC. 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 (
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
SEC. 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 (
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 ShaleCommentsClose CommentsPermalink
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 ShaleCommentsClose CommentsPermalink
SEC. 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 (
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
SEC. 173. JURISDICTION.
(a) Exclusive Jurisdiction- Notwithstanding any other provision of law, including section 23(c)(2) of the Outer Continental Shelf Lands Act (
(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.CommentsClose CommentsPermalink
(c) Expedited Review- Section 390 of the Energy Policy Act of 2005 (
(1) by striking ‘be subject to a rebuttable presumption that the use of’ and inserting ‘apply’; andCommentsClose CommentsPermalink
(2) by striking ‘would apply’.CommentsClose CommentsPermalink
SEC. 174. JUDICIAL REVIEW.
(a) In General-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) COURT ACTION-CommentsClose CommentsPermalink
(A) IN GENERAL- The Court shall act as expeditiously as possible for all appeals under this section.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) APPEALS- Appeals brought pursuant to this section may only be filed within 30 days of a final agency action regarding a permit.CommentsClose CommentsPermalink
(b) Citizen Suits-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) PRESERVATION OF AGENCY DISCRETION-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) DETERMINATION REQUIRED-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
Subtitle G--Development of Solar and Wind Energy on Public LandCommentsClose CommentsPermalink
Subtitle G--Development of Solar and Wind Energy on Public LandCommentsClose CommentsPermalink
SEC. 181. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) COVERED LAND- The term ‘covered land’ means land that is--CommentsClose CommentsPermalink
(A)(i) public land administered by the Secretary; orCommentsClose CommentsPermalink
(ii) National Forest System land administered by the Secretary of Agriculture; andCommentsClose CommentsPermalink
(B) not excluded from the development of solar or wind energy under--CommentsClose CommentsPermalink
(i) a land use plan established under the Federal Land Policy and Management Act of 1976 (
(ii) a land use plan established under the National Forest Management Act of 1976 (
(iii) other law.CommentsClose CommentsPermalink
(2) PILOT PROGRAM- The term ‘pilot program’ means the wind and solar leasing pilot program established under section 183(a).CommentsClose CommentsPermalink
(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 (
(4) SECRETARIES- The term ‘Secretaries’ means--CommentsClose CommentsPermalink
(A) in the case of public land administered by the Secretary, the Secretary; andCommentsClose CommentsPermalink
(B) in the case of National Forest System land administered by the Secretary of Agriculture, the Secretary of Agriculture.CommentsClose CommentsPermalink
(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
SEC. 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--CommentsClose CommentsPermalink
(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 (
(A) a program to develop solar energy on land administered by the Secretary, acting through the Bureau of Land Management; andCommentsClose CommentsPermalink
(B) any necessary amendments to land use plans for the land; andCommentsClose CommentsPermalink
(2) amend any land use plans as appropriate to provide for the development of energy resources in areas considered appropriate by the Secretary.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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 (
(A) a program to develop solar and wind energy on National Forest System land administered by the Secretary of Agriculture; andCommentsClose CommentsPermalink
(B) any necessary amendments to land use plans for the land; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Military Installations-CommentsClose CommentsPermalink
(1) REPORT-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(i) identifies locations on land withdrawn from the public domain and reserved for military purposes that--CommentsClose CommentsPermalink
(I) exhibit a high potential for solar, wind, geothermal, or other energy resources production;CommentsClose CommentsPermalink
(II) are disturbed or otherwise have comparatively low value for other resources; andCommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) RECOMMENDATIONS- The report shall include recommendations on--CommentsClose CommentsPermalink
(i) necessary changes in any law (including regulations);CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(iii) methods of improving coordination among the Federal, State, and local agencies, if any, involved in authorizing the projects; andCommentsClose CommentsPermalink
(iv) disposition of revenues resulting from the development of energy projects on the land.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) REPORTS- On completion of the report, the Secretary and the Secretary of Defense shall jointly submit the report required by paragraph (1) to--CommentsClose CommentsPermalink
(A) the Committee on Armed Services of the Senate;CommentsClose CommentsPermalink
(B) the Committee on Energy and Natural Resources of the Senate;CommentsClose CommentsPermalink
(C) the Committee on Armed Services of the House of Representatives; andCommentsClose CommentsPermalink
(D) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
SEC. 183. DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND.
(a) Pilot Program-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) SELECTION OF SITES-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) SITE SELECTION- In carrying out subparagraph (A), the Secretary shall seek to select sites--CommentsClose CommentsPermalink
(i) for which there is likely to be a high level of industry interest;CommentsClose CommentsPermalink
(ii) that have a comparatively low value for other resources; andCommentsClose CommentsPermalink
(iii) that are representative of sites on which solar or wind energy is likely to be developed on covered land.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) QUALIFICATIONS- Prior to any lease sale, the Secretary shall establish qualifications for bidders that ensure bidders--CommentsClose CommentsPermalink
(A) are able to expeditiously develop a wind or solar energy project on the site for lease;CommentsClose CommentsPermalink
(B) possess--CommentsClose CommentsPermalink
(i) financial resources necessary to complete a project;CommentsClose CommentsPermalink
(ii) knowledge of the applicable technology; andCommentsClose CommentsPermalink
(iii) such other qualifications as are determined appropriate by the Secretary; andCommentsClose CommentsPermalink
(C) meet the eligibility requirements for leasing under the first section of the Mineral Leasing Act (
(4) LEASE SALES-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) BIDDING SYSTEMS-CommentsClose CommentsPermalink
(i) IN GENERAL- In offering the sites for lease, the Secretary may vary the bidding systems to be used at each lease sale, including--CommentsClose CommentsPermalink
(I) cash bonus bids with a requirement for payment of the royalty established under this Act;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(III) such other bidding system as ensures a fair return to the public consistent with the royalty established under this Act.CommentsClose CommentsPermalink
(ii) ROUND- The Secretary shall limit bidding to 1 round in any lease sale.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(C) REVENUES- Bonus bids, royalties, rentals, fees, or other payments collected by the Secretary under this section shall be subject to section 184.CommentsClose CommentsPermalink
(D) LEASE TERMS-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(ii) DATA COLLECTION- As part of the pilot program, the Secretary shall--CommentsClose CommentsPermalink
(I) offer on a noncompetitive basis on at least 1 site a short-term lease for data collection; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(6) REPORT- The Secretary shall--CommentsClose CommentsPermalink
(A) compile a report of the results of each lease sale under the pilot program, including--CommentsClose CommentsPermalink
(i) the level of competitive interest;CommentsClose CommentsPermalink
(ii) a summary of bids and revenues received; andCommentsClose CommentsPermalink
(iii) any other factors that may have impacted the lease sale process; andCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Secretarial Determination-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) ESTABLISHMENT- The Secretaries shall establish a leasing program unless the Secretaries determine that the program--CommentsClose CommentsPermalink
(A) is not in the public interest; andCommentsClose CommentsPermalink
(B) does not provide an effective means of developing wind or solar energy.CommentsClose CommentsPermalink
(4) CONSULTATION- In making the determinations required under this subsection, the Secretaries shall consult with--CommentsClose CommentsPermalink
(A) the heads of other relevant Federal agencies;CommentsClose CommentsPermalink
(B) interested States, Indian tribes, and local governments;CommentsClose CommentsPermalink
(C) representatives of the solar and wind industries;CommentsClose CommentsPermalink
(D) representatives of the environment, conservation, and outdoor sporting communities;CommentsClose CommentsPermalink
(E) other users of the covered land; andCommentsClose CommentsPermalink
(F) the public.CommentsClose CommentsPermalink
(5) CONSIDERATIONS- In making the determinations required under this subsection, the Secretaries shall consider the results of the pilot program.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Transition-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(2) EXISTING RIGHTS-OF-WAY AND AUTHORIZATIONS-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) LEASE-CommentsClose CommentsPermalink
(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)--CommentsClose CommentsPermalink
(I) the holder of the right-of-way or other authorization has met the requirements of diligent development; andCommentsClose CommentsPermalink
(II) issuance of the lease is in the public interest and consistent with applicable law.CommentsClose CommentsPermalink
(ii) TERMS AND CONDITIONS- Any lease described in clause (i) shall be subject to--CommentsClose CommentsPermalink
(I) terms and conditions that are consistent with this Act and the regulations issued under this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) the plan of development has been determined by the Secretary concerned to be adequate for the initiation of environmental review;CommentsClose CommentsPermalink
(B) granting the lease is consistent with all applicable land use planning, environmental, and other laws;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(D) issuance of the lease is in the public interest.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(e) Competitive Leases-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) EXCEPTIONS- Paragraph (1) shall not apply if the Secretary or, with respect to National Forest System land, the Secretary of Agriculture determines that--CommentsClose CommentsPermalink
(A) no competitive interest exists for the covered land;CommentsClose CommentsPermalink
(B) the public interest would not be served by the competitive issuance of a lease;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(D) the covered land is eligible to be granted a noncompetitive lease under subsection (c).CommentsClose CommentsPermalink
(f) Payments-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(h) Requirements- The Secretaries shall ensure that any activity under a leasing program is carried out in a manner that--CommentsClose CommentsPermalink
(1) is consistent with all applicable land use planning, environmental, and other laws; andCommentsClose CommentsPermalink
(2) provides for--CommentsClose CommentsPermalink
(A) safety;CommentsClose CommentsPermalink
(B) protection of the environment and fish and wildlife habitat;CommentsClose CommentsPermalink
(C) mitigation of impacts;CommentsClose CommentsPermalink
(D) prevention of waste;CommentsClose CommentsPermalink
(E) diligent development of the resource, with specific milestones to be met by the lessee as determined by the Secretaries;CommentsClose CommentsPermalink
(F) coordination with applicable Federal agencies;CommentsClose CommentsPermalink
(G) a fair return to the United States for any lease;CommentsClose CommentsPermalink
(H) use of best management practices, including planning and practices for mitigation of impacts;CommentsClose CommentsPermalink
(I) public notice and comment on any proposal submitted for a lease under this section;CommentsClose CommentsPermalink
(J) oversight, inspection, research, monitoring, and enforcement relating to a lease under this section;CommentsClose CommentsPermalink
(K) the quantity of acreage to be commensurate with the size of the project covered by a lease; andCommentsClose CommentsPermalink
(L) efficient use of water resources.CommentsClose CommentsPermalink
(i) Lease Duration, Suspension, and Cancellation-CommentsClose CommentsPermalink
(1) DURATION- A lease under this section shall be for--CommentsClose CommentsPermalink
(A) an initial term of 25 years; andCommentsClose CommentsPermalink
(B) any additional period after the initial term during which electricity is being produced annually in commercial quantities from the lease.CommentsClose CommentsPermalink
(2) ADMINISTRATION- The Secretary shall establish terms and conditions for the issuance, transfer, renewal, suspension, and cancellation of a lease under this section.CommentsClose CommentsPermalink
(3) READJUSTMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- Royalties, rentals, and other terms and conditions of a lease under this section shall be subject to readjustment--CommentsClose CommentsPermalink
(i) on the date that is 15 years after the date on which the lease is issued; andCommentsClose CommentsPermalink
(ii) every 10 years thereafter.CommentsClose CommentsPermalink
(B) LEASE- Each lease issued under this Act shall provide for readjustment in accordance with subparagraph (A).CommentsClose CommentsPermalink
(j) Surface-Disturbing Activities- The Secretaries shall--CommentsClose CommentsPermalink
(1) regulate all surface-disturbing activities conducted pursuant to any lease issued under this section; andCommentsClose CommentsPermalink
(2) require any necessary reclamation and other actions under the lease as are required in the interest of conservation of surface resources.CommentsClose CommentsPermalink
(k) Security- The Secretaries shall require the holder of a lease issued under this section--CommentsClose CommentsPermalink
(1) to furnish a surety bond or other form of security, as prescribed by the Secretaries;CommentsClose CommentsPermalink
(2) to provide for the reclamation and restoration of the area covered by the lease; andCommentsClose CommentsPermalink
(3) to comply with such other requirements as the Secretaries consider necessary to protect the interests of the public and the United States.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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--CommentsClose CommentsPermalink
(1) 25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the income is derived;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) 50 percent shall be deposited in the Treasury of the United States.CommentsClose CommentsPermalink
(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 (
Subtitle H--Miscellaneous ProvisionsCommentsClose CommentsPermalink
Subtitle H--Miscellaneous ProvisionsCommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
SEC. 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 (
(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 (
SEC. 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.CommentsClose CommentsPermalink
SEC. 194. INTEGRITY OF LEASE SALES AND LEASING SCHEDULE.
(a) Leasing During Judicial or Administrative Review- Section 18(d)(3) of the Act (
‘(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.’.CommentsClose CommentsPermalink
(b) Court Action Upon Appeal- The last sentence of section 23(c)(6) of the Act (
SEC. 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)--CommentsClose CommentsPermalink
(1) without further review by the Bureau of Ocean Energy Management, Regulation and Enforcement and Bureau of Safety and Environmental Enforcement; andCommentsClose CommentsPermalink
(2) without further review or delay under the National Environmental Policy Act of 1969 (
(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.CommentsClose CommentsPermalink
(c) Review of Compliance- This section does not prohibit review of compliance with the terms of such a permit.CommentsClose CommentsPermalink
SEC. 196. TIME REQUIREMENT TO ACT ON OIL AND NATURAL GAS DRILLING PERMITS.
Subsection (d) of section 11 of the Act (
‘(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--CommentsClose CommentsPermalink
‘(i) any proposed activity under the permit would result in any condition described in section 5(a)(2)(A)(i); andCommentsClose CommentsPermalink
‘(ii) such proposed activity cannot be modified to avoid such condition.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 197. TIMELY ISSUANCE OF ONSHORE OIL AND GAS LEASES.
Section 17(a)(1) of the Mineral Leasing Act (
SEC. 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.CommentsClose CommentsPermalink
TITLE II--CONTINENTAL PIPELINE APPROVALCommentsClose CommentsPermalink
TITLE II--CONTINENTAL PIPELINE APPROVALCommentsClose CommentsPermalink
SEC. 201. KEYSTONE XL PIPELINE PERMIT APPROVAL.
(a) Permit Approval- The permit described in subsection (b) is hereby approved.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(c) Requirements- The permit granted under subsection (a) shall require the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) For the purpose of the permit approved under subsection (a) (regardless of any modifications under subsection (d))--CommentsClose CommentsPermalink
(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 (
(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; andCommentsClose CommentsPermalink
(C) no further Federal environmental review shall be required.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(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); andCommentsClose CommentsPermalink
(D) the stipulations identified in appendix S of the final environmental impact statement described in subparagraph (A).CommentsClose CommentsPermalink
(5) Other requirements that are standard industry practice or commonly included in Federal permits that are similar to a permit approved under subsection (a).CommentsClose CommentsPermalink
(d) Modification- The permit approved under subsection (a) shall require--CommentsClose CommentsPermalink
(1) the reconsideration of routing of the Keystone XL pipeline within the State of Nebraska;CommentsClose CommentsPermalink
(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); andCommentsClose CommentsPermalink
(3) the President--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) to approve the route within the State of Nebraska that has been submitted to the Secretary of State by the Governor of Nebraska.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
TITLE III--RADIOLOGICAL MATERIAL REPOSITORYCommentsClose CommentsPermalink
TITLE III--RADIOLOGICAL MATERIAL REPOSITORYCommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(b) Yucca Mountain-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Deadlines-CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
TITLE IV--RELIEF FROM REGULATIONS AND PROHIBITIONS THAT CAUSE ARTIFICIAL PRICE INCREASESCommentsClose CommentsPermalink
TITLE IV--RELIEF FROM REGULATIONS AND PROHIBITIONS THAT CAUSE ARTIFICIAL PRICE INCREASESCommentsClose CommentsPermalink
SEC. 401. ENDANGERED SPECIES ACT OF 1973 REFORM.
The Endangered Species Act of 1973 (
(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’; andCommentsClose CommentsPermalink
(2) by adding at the end the following: