[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4301 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4301

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2012

    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 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To contribute to the growth of the American economy and the strength of 
   American national security by streamlining regulatory permitting 
 procedures and increasing domestic production from all energy sources.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is the following:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and purposes.
Sec. 4. Statement of policy.
Sec. 5. Definitions.
            TITLE I--DEVELOPMENT OF FEDERAL ENERGY RESOURCES

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

Sec. 101. Leasing in the Eastern Gulf of Mexico.
Sec. 102. Extension of deepwater oil and natural gas leases in Gulf of 
                            Mexico.
Subtitle B--Scheduled Leasing, Exploration, and Development of Oil and 
           Natural Gas in the Federal Outer Continental Shelf

Sec. 121. Expanded outer Continental Shelf lease sales.
Sec. 122. Geological and geophysical activities in expanded leasing 
                            areas.
Sec. 123. Payments from areas newly available to leasing.
Sec. 124. Definitions under the Outer Continental Shelf Lands Act.
Sec. 125. Determination of adjacent zones and planning areas.
 Subtitle C--Leasing, Exploration, and Development of Oil and Natural 
        Gas Resources in Portions of the Coastal Plain of Alaska

Sec. 131. Establishment of leasing program for Coastal Plain.
Sec. 132. Conduct of leasing program.
Sec. 133. Federal and State distribution of revenues.
Sec. 134. Rights-of-way across the Coastal Plain.
Sec. 135. Conveyance.
Sec. 136. Local government impact aid and community service assistance.
Subtitle D--Improvement of Interagency Coordination and Cooperation in 
 the Processing of Federal Permits for Production of Domestic Oil and 
                             Gas Resources

Sec. 141. Regulatory certainty.
Sec. 142. Regional offices and regional permit coordinators.
Sec. 143. Reviews and actions of Federal agencies.
Sec. 144. Lead agency.
Sec. 145. Congressional review of agency rulemaking.
Sec. 146. State coordination regarding Federal oil and gas permitting.
Sec. 147. State consultation.
Sec. 148. Savings provision.
Sec. 149. Review of agency permitting decisions.
Sec. 150. Deadline for decision on agency appeals.
Subtitle E--Prohibition on New Wilderness or Wilderness Study Areas on 
 Lands Administered by the BLM Without Congressional Approval; Indian 
                            Land Development

Sec. 161. Repeal of Executive order.
Sec. 162. Wilderness designation procedures.
Sec. 163. Future executive branch actions.
Sec. 164. Leases for development of natural resources on Indian lands.
   Subtitle F--Legal Causes and Claims Pertaining to the Leasing and 
  Development of Federal Lands for Exploration and Production of Oil, 
          Natural Gas, Associated Hydrocarbons, and Oil Shale

Sec. 171. Oil shale, tar sands, and other strategic unconventional 
                            fuels.
Sec. 172. Energy production on Federal lands.
Sec. 173. Jurisdiction.
Sec. 174. Judicial review.
Sec. 175. Time for filing petition for judicial review; standing, 
                            filing of record.
Sec. 176. Limitation on scope of review and relief.
Sec. 177. Exclusion.
    Subtitle G--Development of Solar and Wind Energy on Public Land

Sec. 181. Definitions.
Sec. 182. Programmatic environmental impact statements and land use 
                            planning.
Sec. 183. Development of solar and wind energy on public land.
Sec. 184. Disposition of revenues.
                  Subtitle H--Miscellaneous Provisions

Sec. 191. Military operations.
Sec. 192. Environmental sensitivity analysis under the program.
Sec. 193. Validity of existing leases.
Sec. 194. Integrity of lease sales and leasing schedule.
Sec. 195. Authority to conduct offshore drilling under approved 
                            permits.
Sec. 196. Time requirement to act on oil and natural gas drilling 
                            permits.
Sec. 197. Timely issuance of onshore oil and gas leases.
Sec. 198. State auditing.
                TITLE II--CONTINENTAL PIPELINE APPROVAL

Sec. 201. Keystone XL pipeline permit approval.
              TITLE III--RADIOLOGICAL MATERIAL REPOSITORY

Sec. 301. Radiological material repository.
     TITLE IV--RELIEF FROM REGULATIONS AND PROHIBITIONS THAT CAUSE 
                       ARTIFICIAL PRICE INCREASES

Sec. 401. Endangered Species Act of 1973 reform.
Sec. 402. Repeal of EPA climate change regulation.
Sec. 403. Repeal of Federal ban on synthetic fuels purchasing 
                            requirement.
Sec. 404. Repeal of ethanol mandates.
                        TITLE V--REFINERY REFORM

Sec. 501. Refinery permitting process.
Sec. 502. Existing refinery permit application deadline.
                TITLE VI--REPEAL OF ENERGY TAX SUBSIDIES

Sec. 600. Amendment of 1986 code.
Sec. 601. Repeal of credit for alcohol fuel, biodiesel, and alternative 
                            fuel mixtures.
Sec. 602. Repeal of credit for certain plug-in electric vehicles.
Sec. 603. Early termination of credit for qualified fuel cell motor 
                            vehicles.
Sec. 604. Repeal of alternative fuel vehicle refueling property credit.
Sec. 605. Repeal of credit for alcohol used as fuel.
Sec. 606. Repeal of credit for biodiesel and renewable diesel used as 
                            fuel.
Sec. 607. Repeal of enhanced oil recovery credit.
Sec. 608. Termination of credit for electricity produced from certain 
                            renewable resources.
Sec. 609. Repeal of credit for producing oil and gas from marginal 
                            wells.
Sec. 610. Termination of credit for production from advanced nuclear 
                            power facilities.
Sec. 611. Repeal of credit for carbon dioxide sequestration.
Sec. 612. Termination of energy credit.
Sec. 613. Repeal of qualifying advanced coal project.
Sec. 614. Repeal of qualifying gasification project credit.
Sec. 615. Repeal of American Recovery and Reinvestment Act of 2009 
                            energy grant program.
                      TITLE VII--REGULATORY RELIEF

Sec. 701. Legislative stay.
Sec. 702. Compliance dates.
Sec. 703. Energy recovery and conservation.
Sec. 704. Other provisions.
Sec. 705. Management and disposal of coal combustion residuals.
    TITLE VIII--ATTAINMENT OF NATIONAL AMBIENT AIR QUALITY STANDARDS

Sec. 801. Air quality monitoring and modeling methodologies.
Sec. 802. Extending compliance for NAAQS attainment for downwind 
                            States.
       TITLE IX--SUB-BASIN REPORTING OF GREENHOUSE GAS EMISSIONS

Sec. 901. Sub-basin reporting of greenhouse gas emissions.
            TITLE X--IMPLEMENTATION OF NATIONAL OCEAN POLICY

Sec. 1001. Prohibition on use of funds.
                       TITLE XI--OTHER PROVISIONS

Sec. 1101. Administrative record.
Sec. 1102. Statement of energy effects.
Sec. 1103. Priority-Energy Project permit duration.
Sec. 1104. Exemption for takings of migratory bird incidental to energy 
                            development and production.

SEC. 3. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the United States spends over $1,000,000,000 per day to 
        import crude oil from foreign countries, representing the 
        largest wealth transfer in history;
            (2) the domestic oil and natural gas industry is 
        responsible for approximately 9.2 million jobs;
            (3) the United States has substantial undeveloped oil and 
        natural gas resources underlying Federal lands;
            (4) multiple legal challenges relating to the leasing, 
        exploration, and development of Federal lands can significantly 
        delay and even prevent these desperately needed oil and natural 
        gas resources from reaching the American public;
            (5) expedited and focused judicial review of legal 
        challenges to proposed oil and natural gas development 
        activities is necessary to ensure that additional American oil 
        and natural gas resources are made available without undue 
        delay to American consumers;
            (6) the approximately 43 million leased outer Continental 
        Shelf acres currently account for about 15 percent of the 
        United States domestic natural gas production and about 27 
        percent of the United States domestic oil production;
            (7) the leasing of these domestic offshore areas for oil 
        and natural gas development provides significant economic 
        benefits to the Federal Government, as well as to States and 
        localities, through the creation and sustenance of jobs and 
        domestic product;
            (8) the Federal Government distributed over $10,000,000,000 
        to Federal, State and Indian accounts from energy production 
        during fiscal year 2009, primarily from oil and natural gas 
        production;
            (9) the outer Continental Shelf is a vital national 
        resource reserve held by the Federal Government for the public, 
        which should be made available for expeditious and orderly 
        development, subject to environmental safeguards, in a manner 
        that is consistent with the maintenance of competition and 
        other national needs;
            (10) Executive Order 13563 on Improving Regulation and 
        Regulatory Review, issued on January 18, 2011, requires that to 
        the extent permitted by law, each agency must, among other 
        things--
                    (A) propose or adopt a regulation only upon a 
                reasoned determination that its benefits justify its 
                costs (recognizing that some benefits and costs are 
                difficult to quantify);
                    (B) tailor its regulations to impose the least 
                burden on society, consistent with obtaining regulatory 
                objectives, taking into account, among other things, 
                and to the extent practicable, the costs of cumulative 
                regulations;
                    (C) select, in choosing among alternative 
                regulatory approaches, those approaches that maximize 
                net benefits (including potential economic, 
                environmental, public health and safety, and other 
                advantages; distributive impacts; and equity);
                    (D) to the extent feasible, specify performance 
                objectives, rather than specifying the behavior or 
                manner of compliance that regulated entities must 
                adopt; and
                    (E) identify and assess available alternatives to 
                direct regulation, including providing economic 
                incentives to encourage the desired behavior, such as 
                user fees or marketable permits, or providing 
                information upon which choices can be made by the 
                public;
            (11) Executive Order 13547 on Stewardship of the Ocean, Our 
        Coasts, and the Great Lakes, issued on July 19, 2010, provides 
        for the development of coastal and marine spatial plans (CMSP) 
        that build upon and improve existing Federal, State, tribal, 
        local, and regional decisionmaking and planning processes;
            (12) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
        et seq.) already provides a comprehensive and complete 
        framework for undertaking oil and gas activities within the 
        framework of a CMSP-based program;
            (13) through the Outer Continental Shelf Lands Act, 
        Congress has already established the process for development of 
        coastal and marine spatial plans for oil and gas leasing and 
        other authorizations, and it is not necessary to create a new 
        regulatory regime as this would go against the Executive Order;
            (14) the Coastal Plain of Alaska is an important potential 
        new source of domestic oil and gas production;
            (15) the delivery of oil from Alberta, Canada, to domestic 
        markets in the United States is in the national interest of the 
        United States, and the earliest possible completion of the 
        Keystone XL pipeline will best serve the national interest;
            (16) there are 104 nuclear reactors currently operating in 
        the United States, providing 20 percent of the electricity of 
        the United States, slightly less than the electricity generated 
        by natural gas;
            (17) nuclear energy is the largest provider of clean, low-
        carbon electricity, almost 8 times larger than all renewable 
        power production combined, excluding hydroelectric power;
            (18) nuclear power is responsible for 72 percent of 
        emission-free electricity production in the United States and 
        is an essential tool for greenhouse gas reduction;
            (19) nuclear power plants virtually eliminate emissions of 
        greenhouse gases and criteria pollutants associated with acid 
        rain, smog, or ozone;
            (20) nuclear energy supplies consistent, baseload 
        electricity, independent of environmental conditions;
            (21) nuclear power is a safe, reliable, efficient, and 
        affordable source of energy;
            (22) between 1960 and 1980, the Nuclear Regulatory 
        Commission issued 169 permits to construct nuclear power 
        facilities;
            (23) even if every nuclear power plant is granted a 20-year 
        extension, all currently operating nuclear power plants will be 
        retired by 2055;
            (24) long lead times for nuclear power plant licensing, 
        permitting, and construction indicate that action to stimulate 
        the nuclear power industry should not be delayed;
            (25) there are 17 combined operating license applications 
        currently pending before the Nuclear Regulatory Commission for 
        26 new reactors in the United States, with 4 applications 
        inactive due to regulatory uncertainty;
            (26) those proposed reactors will use the latest in nuclear 
        technology for efficiency and safety, more advanced than the 
        technology of the 1960s and 1970s found in the reactors 
        currently operating in the United States;
            (27) increasing nuclear power threefold will create 480,000 
        construction jobs, 140,000 permanent jobs, and $20,000,000,000 
        in local, State, and Federal tax revenue each year;
            (28) increasing nuclear power threefold will reduce 
        electricity-based carbon dioxide emissions by 1,400,000,000 
        metric tons annually and will reduce carbon emissions by 65 
        percent from current emissions levels by 2050;
            (29) increasing nuclear power threefold will produce 320 
        gigawatts of electricity to power 237,000,000 households and 
        constitute 52 percent of the United States electricity 
        portfolio by 2030;
            (30) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
        et seq.) requires the Federal Government to take ownership of 
        high-level radioactive waste and spent nuclear fuel and build a 
        permanent geologic repository in which to store such waste;
            (31) the Nuclear Waste Policy Act of 1982, as amended in 
        1987, selected the Yucca Mountain site to be the sole geologic 
        repository in which to store high-level radioactive waste and 
        spent nuclear fuel;
            (32) the Congress reaffirmed Yucca Mountain as the sole 
        candidate site for a geologic repository in 2001;
            (33) despite such laws, the Government has failed to accept 
        high-level radioactive waste and spent nuclear fuel from 
        utilities and has delayed construction of the Yucca Mountain 
        repository;
            (34) failure to accept high-level radioactive waste and 
        spent nuclear fuel has led to more than 74 lawsuits filed by 
        utilities against the Government, $1,000,000,000 in settlements 
        being paid, and an estimated $16,200,000,000 in potential 
        liabilities to settle remaining lawsuits;
            (35) each year the Government refuses to accept high-level 
        radioactive waste and spent nuclear fuel adds an estimated 
        $500,000,000 in additional liabilities associated with future 
        lawsuits;
            (36) the failure of the Federal Government to accept high-
        level radioactive waste and spent nuclear fuel from utilities 
        is a significant barrier to the future development of 
        additional nuclear power;
            (37) the United States has 58,000 tons of radiological 
        material stored at more than 100 sites in 39 States;
            (38) the 104 commercial nuclear reactors operating in the 
        United States produce approximately 2,000 tons of spent nuclear 
        fuel every year;
            (39) the Yucca Mountain repository's capacity is 
        statutorily limited to 70,000 tons of waste but can safely hold 
        120,000 tons;
            (40) operators who have paid into the Nuclear Waste Fund 
        have been denied access to permanent storage of radiological 
        material as promised by the Federal Government;
            (41) permanent geologic storage capacity is a finite 
        resource on which the industry depends; and
            (42) operators have the technical expertise to develop new 
        and more efficient processes of disposing of new radiological 
        material.
    (b) Purposes.--The purposes of this Act are to--
            (1) promote expansion of domestic employment opportunities;
            (2) respond to the Nation's increased need for domestic 
        energy resources, including oil and natural gas resources;
            (3) support the utilization of the outer Continental Shelf 
        for oil and gas production and transmission;
            (4) confirm and ensure the validity of oil and gas leases 
        issued under the Final Outer Continental Shelf Oil and Gas 
        Leasing Program, 2007-2012;
            (5) ensure the continued leasing of outer Continental Shelf 
        areas pursuant to the Final Outer Continental Shelf Oil and Gas 
        Leasing Program, 2007-2012;
            (6) facilitate interagency coordination and cooperation in 
        the processing of permits required to support oil and gas use 
        authorization on Federal lands, both onshore and on the outer 
        Continental Shelf, in order to achieve greater consistency, 
        certainty, and timeliness in permit processing requirements;
            (7) promote process streamlining and increased interagency 
        efficiency, including elimination of interagency duplication of 
        effort;
            (8) improve information sharing among agencies and 
        understanding of respective agency roles and responsibilities;
            (9) promote coordination with State agencies with expertise 
        and responsibilities related to Federal oil and gas permitting 
        decisions, and balance Federal interests with the interests and 
        well-being of State and local communities;
            (10) promote responsible stewardship of Federal oil and gas 
        resources;
            (11) maintain high standards of safety and environmental 
        protection; and
            (12) enhance the benefits to Federal permitting already 
        occurring as a result of a coordinated and timely interagency 
        process for oil and gas permit review for certain Federal oil 
        and gas leases.

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.

SEC. 5. DEFINITIONS.

    For purposes of this Act--
            (1) Act.--The term ``Act'' means the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1331 et seq.).
            (2) Authorizing leasing statute.--The term ``authorizing 
        leasing statute'' means the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1331 et seq.), the Mineral Leasing Act (30 U.S.C. 
        181 et seq.), the Mineral Leasing Act for Acquired Lands (30 
        U.S.C. 351 et seq.), and any other law authorizing the use or 
        disposition of Federal lands for oil and gas production or 
        transmission.
            (3) Coastal plain.--The term ``Coastal Plain'' means that 
        area described in appendix I to part 37 of title 50, Code of 
        Federal Regulations.
            (4) Covered oil and natural gas activity.--The term 
        ``covered oil and natural gas activity'' means--
                    (A) the leasing or other disposition of any lands 
                pursuant to an authorizing leasing statute for the 
                exploration, development, production, processing, or 
                transmission of oil, natural gas, or associated 
                hydrocarbons, and oil shale, including actions or 
                decisions relating to the selection of which lands may 
                or shall be made available for such leasing; and
                    (B) any activity taken or proposed to be taken 
                pursuant or in relation to such leases, including their 
                suspension, and any environmental analyses relating to 
                such activity.
            (5) Other terms.--Any terms used in this Act shall have the 
        meaning such term has in the Act.
            (6) Priority energy project.--The term ``Priority Energy 
        Project'' means a project or facility in the United States 
        whose operation results in the production of a domestic supply 
        of energy or the generation of electricity.
            (7) Priority energy project developer.--The term ``Priority 
        Energy Project Developer'' means a person, organization, or 
        other entity that owns or operates a Priority Energy Project.
            (8) Program.--The term ``program'' means a Final Outer 
        Continental Shelf Oil and Gas Leasing Program issued pursuant 
        to section 18 of the Act (43 U.S.C. 1344).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, unless otherwise indicated.

            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.

    (a) Termination of Moratorium.--Section 104 of the Gulf of Mexico 
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) 
is amended by striking subsection (a) and redesignating subsections (b) 
and (c) as subsections (a) and (b), respectively.
    (b) National Defense Area.--Section 12(d) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1341(d)) is amended--
            (1) by striking ``The United States'' and inserting the 
        following:
            ``(1) In general.--The United States''; and
            (2) by adding at the end the following:
            ``(2) Review.--Annually, the Secretary of Defense shall 
        review the areas of the outer Continental Shelf that have been 
        designated as restricted from exploration and operation to 
        determine whether the areas should remain under restriction.''.
    (c) Leasing of Moratorium Areas.--
            (1) Destin dome and pensacola areas.--Within 1 year after 
        the date of the enactment of this Act, the Secretary shall 
        offer for leasing under the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1331 et seq.), the Destin Dome (OPD NH 16-08) and 
        Pensacola (OPD NH 16-05) areas.
            (2) Other areas.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall offer for leasing 
        under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
        seq.), any other areas in the Eastern Gulf of Mexico Planning 
        Area that are made available for leasing pursuant to subsection 
        (a).
            (3) Administration.--The areas described in paragraphs (1) 
        and (2) shall be offered for lease under this section 
        notwithstanding the omission of any of those areas from the 5-
        year leasing program approved by the Secretary under section 18 
        of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) in 
        effect at the time of the lease sale. The Secretary shall 
        include the areas described in paragraphs (1) and (2) in any 5-
        year leasing program approved after the date of enactment of 
        this Act.
    (d) Coastal Zone Management Act of 1972 Review.--The Secretary's 
decision to hold a lease sale for the areas described in section 101(c) 
shall not be subject to consistency review under the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1451 et seq.).

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 (43 U.S.C. 1337(b)) that was not producing 
as of April 30, 2010.
    (b) Extension of Covered Leases.--The Secretary of the Interior 
shall extend the term of a covered lease by 24 months.
    (c) Minimum Deepwater Well Requirement.--If fewer than 20 
exploration or development wells have been spudded on deepwater leases 
in the Gulf of Mexico within 18 months after the date of enactment of 
this Act, the 24-month period under subsection (b) for deepwater leases 
(water depths of 500 feet or greater) shall be extended by an 
additional 18 months.
    (d) Effect of Extension on Suspensions.--The lease term extension 
under this Act shall be in addition to any lease term suspension either 
granted or directed under section 5(a)(1) of the Act (43 U.S.C. 
1334(a)(1)) prior to or following the date of enactment of this Act.
    (e) Lease Reinstatement.--The Secretary shall reinstate any lease 
subject to subsection (a) that expired between April 30, 2010 and the 
date of enactment of this Act, with a new expiration date as provided 
in subsection (b).

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.

    (a) In General.--Beginning in fiscal year 2012, the Secretary shall 
conduct all lease sales included in Table A of the Draft Proposed Outer 
Continental Shelf Oil and Gas Leasing Program 2010-2015, issued January 
2009. All such lease sales shall be conducted in accordance with this 
section.
    (b) EIS.--The Secretary is deemed to have issued a final 
environmental impact statement for the program described in subsection 
(a) in accordance with all requirements under section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
    (c) Exemption From Consistency Review.--The Secretary's decision to 
hold a lease sale required under this section shall not be subject to 
consistency review under the Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq).
    (d) Leasing Program.--The Secretary shall prepare and make 
available a 2015-2020 Draft Proposed Outer Continental Shelf Oil and 
Gas Leasing Program no later than 1 year after the date of enactment of 
this Act.
    (e) Requirement To Maintain Program.--The Secretary's 
implementation of the requirements of this section shall fulfill the 
requirement under section 19 of the Act (43 U.S.C. 1345) to maintain an 
oil and gas leasing program through June 30, 2015.

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 (42 U.S.C. 
4321 et seq.), assessing the environmental effects of geological and 
geophysical activities in the Atlantic Outer Continental Shelf Planning 
Area.
    (b) Permits for Atlantic OCS Planning Area.--The Secretary shall 
approve any permit that meets the requirements of the Act for geologic 
and geophysical activities in the Atlantic Outer Continental Shelf 
Planning Area, including areas in the Southern Atlantic outer 
Continental Shelf.
    (c) Preliminary EIS for Southern California OCS Planning Area.--Not 
later than 18 months after the date of enactment of this Act, the 
Secretary shall issue a Preliminary Environmental Impact Statement 
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) to assess the environmental impacts of geophysical 
activities in the Southern California Outer Continental Shelf Planning 
Area.

SEC. 123. PAYMENTS FROM AREAS NEWLY AVAILABLE TO LEASING.

    (a) In General.--Notwithstanding section 9 of the Act (43 U.S.C. 
1338), upon enactment of this Act and each fiscal year thereafter, 37.5 
percent of all bonuses, rents, royalties, and other sums due and 
payable to the United States received on or after enactment of this Act 
from outer Continental Shelf leases entered into on or after the date 
of enactment of this Act shall be paid to the coastal States that are 
Adjacent States with respect to such leases. Such payment shall be 
allocated to each such Adjacent State in amounts (based on a formula 
established by the Secretary by regulation) that are inversely 
proportional to the respective distances between the point on the 
coastline of the Adjacent State that is closest to the geographic 
center of the applicable leased tract and the geographic center of the 
leased tract.
    (b) Exclusions.--Subsection (a) shall not apply to--
            (1) revenues from the forfeiture of a bond or other surety 
        securing obligations other than royalties, civil penalties, or 
        royalties taken by the Secretary in-kind and not sold; and
            (2) revenues generated from leases subject to section 8(g) 
        of the Act (43 U.S.C. 1137(g)).
    (c) Use of Payments to States.--Amounts paid to a State under 
subsection (a) shall be used by the State for such purposes as that 
State considers necessary.
    (d) Gulf of Mexico Outer Continental Shelf Revenues.--
            (1) Limitation on application.--Subsection (a) shall not 
        affect the application of section 105 of the Gulf of Mexico 
        Energy Security Act of 2006 (title I of division C of Public 
        Law 109-432; (43 U.S.C. 1331 note)), as in effect before the 
        enactment of this Act, with respect to revenues received by the 
        United States under oil and gas leases issued for tracts 
        located in the Western and Central Gulf of Mexico Outer 
        Continental Shelf Planning Areas, including such leases issued 
        on or after the date of the enactment of this Act.
            (2) Amount of distributed qualified outer continental shelf 
        revenues.--Section 105(f)(1) of the Gulf of Mexico Energy 
        Security Act of 2006 (title I of division C of Public Law 109-
        432; (43 U.S.C. 1331 note)) is amended by striking ``2055'' and 
        inserting ``2022, and shall not exceed $750,000,000 for each of 
        fiscal years 2023 through 2055''.

SEC. 124. DEFINITIONS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.

    Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) 
is amended--
            (1) by amending paragraph (f) to read as follows:
    ``(f) The term `affected State' means the Adjacent State.'';
            (2) by striking the semicolon at the end of each of 
        paragraphs (a) through (o) and inserting a period;
            (3) by striking ``; and'' at the end of paragraph (p) and 
        inserting a period;
            (4) by adding at the end the following:
    ``(r) The term `Adjacent State' means, with respect to any program, 
plan, lease sale, leased tract, or other activity, proposed, conducted, 
or approved pursuant to this Act, any State the laws of which are 
declared, pursuant to section 4(a)(2), to be the law of the United 
States for the portion of the outer Continental Shelf on which such 
program, plan, lease sale, leased tract, or activity appertains or is, 
or is proposed to be, conducted.
    ``(s) The term `State' includes all States having a coastline 
contiguous to the Arctic, Atlantic, or Pacific Ocean, or the Gulf of 
Mexico, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the United States Virgin Islands, American 
Samoa, Guam, the other territories of the United States, and the 
District of Columbia.
    ``(t) The term `Adjacent Zone' means, with respect to any program, 
plan, lease sale, leased tract, or other activity, proposed, conducted, 
or approved pursuant to this Act, the portion of the outer Continental 
Shelf for which the laws of a particular Adjacent State are declared, 
pursuant to section 4(a)(2), to be the law of the United States.
    ``(u) The term `miles' means statute miles.
    ``(v) The term `coastline' has the same meaning as the term `coast 
line' as defined in section 2(c) of the Submerged Lands Act (43 U.S.C. 
1301(c)).
    ``(w) The term `Neighboring State' means a coastal State having a 
common boundary at the coastline with the Adjacent State.''; and
            (5) in paragraph (a), by inserting after ``control'' the 
        following: ``or lying within the United States Exclusive 
        Economic Zone and outer Continental Shelf adjacent to the 
        Commonwealth of Puerto Rico, the Commonwealth of the Northern 
        Mariana Islands, the United States Virgin Islands, American 
        Samoa, Guam, or any other territory of the United States''.

SEC. 125. DETERMINATION OF ADJACENT ZONES AND PLANNING AREAS.

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

 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.

    The Secretary shall take such actions as are necessary--
            (1) to establish and implement, in accordance with this 
        subtitle and acting through the Director of the Bureau of Land 
        Management in consultation with the Director of the United 
        States Fish and Wildlife Service, a competitive oil and gas 
        leasing program that will result in an environmentally sound 
        program for the exploration, development, and production of the 
        oil and gas resources of the Coastal Plain; and
            (2) to administer the provisions of this title through 
        regulations, lease terms, conditions, restrictions, 
        prohibitions, stipulations, and other provisions that ensure 
        the oil and gas exploration, development, and production 
        activities on the Coastal Plain will minimize any significant 
        adverse effects on fish and wildlife, their habitat, 
        subsistence resources, and the environment, including, in 
        furtherance of this goal, by requiring the application of the 
        best commercially available technology for oil and gas 
        exploration, development, and production to all exploration, 
        development, and production operations under this title in a 
        manner that ensures the receipt of fair market value by the 
        public for the mineral resources to be leased.

SEC. 132. CONDUCT OF LEASING PROGRAM.

    (a) Repeal.--
            (1) Repeal.--Section 1003 of the Alaska National Interest 
        Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
            (2) Conforming amendment.--The table of contents in section 
        1 of such Act is amended by striking the item relating to 
        section 1003.
    (b) Compliance With Requirements Under Certain Other Laws.--
            (1) Compatibility.--For purposes of the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
        seq.), the oil and gas leasing program and activities 
        authorized by this subtitle in the Coastal Plain are deemed to 
        be compatible with the purposes for which the Arctic National 
        Wildlife Refuge was established, and no further findings or 
        decisions are required to implement this determination.
            (2) Adequacy of the department of the interior's 
        legislative environmental impact statement.--The ``Final 
        Legislative Environmental Impact Statement'' (April 1987) on 
        the Coastal Plain prepared pursuant to section 1002 of the 
        Alaska National Interest Lands Conservation Act of 1980 (16 
        U.S.C. 3142) and section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is 
        deemed to satisfy the requirements under the National 
        Environmental Policy Act of 1969 that apply with respect to 
        prelease activities, including actions authorized to be taken 
        by the Secretary to develop and promulgate the regulations for 
        the establishment of a leasing program authorized by this 
        subtitle before the conduct of the first lease sale.
            (3) Compliance with nepa for other actions.--Before 
        conducting the first lease sale under this subtitle, the 
        Secretary shall prepare an environmental impact statement under 
        the National Environmental Policy Act of 1969 with respect to 
        the actions authorized by this subtitle that are not referred 
        to in paragraph (2). Notwithstanding any other law, the 
        Secretary is not required to identify nonleasing alternative 
        courses of action or to analyze the environmental effects of 
        such courses of action. The Secretary shall only identify a 
        preferred action for such leasing and a single leasing 
        alternative, and analyze the environmental effects and 
        potential mitigation measures for those two alternatives. The 
        identification of the preferred action and related analysis for 
        the first lease sale under this subtitle shall be completed 
        within 18 months after the date of enactment of this Act. The 
        Secretary shall only consider public comments that specifically 
        address the Secretary's preferred action and that are filed 
        within 20 days after publication of an environmental analysis. 
        Notwithstanding any other law, compliance with this paragraph 
        is deemed to satisfy all requirements for the analysis and 
        consideration of the environmental effects of proposed leasing 
        under this subtitle. In preparing or reviewing an environmental 
        assessment pursuant to the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) and any regulations promulgated 
        thereto, an agency shall consider, in addition to any 
        mitigation required by the agency, all applicable Federal, 
        State, local, and other laws and regulations, guidelines, 
        permit conditions, and any other requirements and best 
        practices regarding a Priority Energy Project and any other 
        actions considered in a cumulative effects analysis. Pursuant 
        to that, the agency shall make a finding of no significant 
        impact or a mitigated finding of no significant impact, as 
        applicable, unless, presuming administrative regularity, the 
        agency can conclusively demonstrate that the mitigation 
        required by the agency and the applicable Federal, State, 
        local, and other laws and regulations, guidelines, permit 
        conditions, and any other requirements and best practices 
        regarding a Priority Energy Project and any other actions 
        considered in a cumulative effects analysis will not prevent or 
        otherwise mitigate a significant impact on the human 
        environment.
    (c) Relationship to State and Local Authority.--Nothing in this 
subtitle shall be considered to limit State and local regulatory 
authority.
    (d) Special Areas.--
            (1) In general.--The Secretary, after consultation with the 
        State of Alaska, the city of Kaktovik, and the North Slope 
        Borough, may designate up to a total of 45,000 acres of the 
        Coastal Plain as a Special Area if the Secretary determines 
        that the Special Area is of such unique character and interest 
        so as to require special management and regulatory protection. 
        The Secretary shall designate as such a Special Area the 
        Sadlerochit Spring area, comprising approximately 4,000 acres.
            (2) Management.--Each such Special Area shall be managed so 
        as to protect and preserve the area's unique and diverse 
        character including its fish, wildlife, and subsistence 
        resource values.
            (3) Exclusion from leasing or surface occupancy.--The 
        Secretary may exclude any Special Area from leasing. If the 
        Secretary leases a Special Area, or any part thereof, for 
        purposes of oil and gas exploration, development, production, 
        and related activities, there shall be no surface occupancy of 
        the lands comprising the Special Area.
            (4) Directional drilling.--Notwithstanding the other 
        provisions of this subsection, the Secretary may lease all or a 
        portion of a Special Area under terms that permit the use of 
        horizontal drilling technology from sites on leases located 
        outside the Special Area.
    (e) Limitation on Closed Areas.--The Secretary's sole authority to 
close lands within the Coastal Plain to oil and gas leasing and to 
exploration, development, and production is that set forth in this 
subtitle.
    (f) Regulations.--The Secretary shall prescribe such regulations as 
may be necessary to carry out this subtitle, including rules and 
regulations relating to protection of the fish and wildlife, their 
habitat, subsistence resources, and environment of the Coastal Plain, 
by no later than 12 months after the date of enactment of this Act.
    (g) Lease Sales.--
            (1) In general.--Lands may be leased pursuant to this 
        subtitle to any person qualified to obtain a lease for deposits 
        of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et 
        seq.).
            (2) Procedures.--The Secretary shall, by regulation, 
        establish procedures for--
                    (A) receipt and consideration of sealed nominations 
                for any area in the Coastal Plain for inclusion in, or 
                exclusion (as provided in subparagraph (C)) from, a 
                lease sale;
                    (B) the holding of lease sales after such 
                nomination process; and
                    (C) public notice of and comment on designation of 
                areas to be included in, or excluded from, a lease 
                sale.
            (3) Lease sale bids.--Bidding for leases under this 
        subtitle shall be by sealed competitive cash bonus bids.
            (4) Acreage minimum in first sale.--In the first lease sale 
        under this subtitle, the Secretary shall offer for lease those 
        tracts the Secretary considers to have the greatest potential 
        for the discovery of hydrocarbons, taking into consideration 
        nominations received pursuant to paragraph (2)(A), but in no 
        case less than 200,000 acres.
            (5) Timing of lease sales.--The Secretary shall--
                    (A) conduct the first lease sale under this 
                subtitle within 18 months after the date of the 
                enactment of this Act;
                    (B) evaluate the bids in such sale and issue leases 
                resulting from such sale, within 90 days after the date 
                of the completion of such sale; and
                    (C) conduct additional sales so long as sufficient 
                interest in development exists to warrant, in the 
                Secretary's judgment, the conduct of such sales.
    (h) Grant of Leases by the Secretary.--
            (1) In general.--The Secretary may grant to the highest 
        responsible qualified bidder in a lease sale conducted pursuant 
        to subsection (g) any lands to be leased on the Coastal Plain 
        upon payment by the lessee of such bonus as may be accepted by 
        the Secretary.
            (2) Subsequent transfers.--No lease issued under this 
        subtitle may be sold, exchanged, assigned, sublet, or otherwise 
        transferred except with the approval of the Secretary. Prior to 
        any such approval the Secretary shall consult with, and give 
        due consideration to the views of, the Attorney General.
    (i) Lease Terms and Conditions.--An oil or gas lease issued 
pursuant to this subtitle shall--
            (1) provide for the payment of a royalty of 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;
            (2) require that the lessee of lands within the Coastal 
        Plain shall be fully responsible and liable for the reclamation 
        of lands within the Coastal Plain and any other Federal lands 
        that are adversely affected in connection with exploration, 
        development, production, or transportation activities conducted 
        under the lease and within the Coastal Plain by the lessee or 
        by any of the subcontractors or agents of the lessee;
            (3) provide that the lessee may not delegate or convey, by 
        contract or otherwise, the reclamation responsibility and 
        liability to another person without the express written 
        approval of the Secretary;
            (4) provide that the standard of reclamation for lands 
        required to be reclaimed under this subtitle shall be, as 
        nearly as practicable, a condition capable of supporting the 
        uses which the lands were capable of supporting prior to any 
        exploration, development, or production activities, or upon 
        application by the lessee, to a higher or better use as 
        approved by the Secretary;
            (5) contain terms and conditions relating to protection of 
        fish and wildlife, their habitat, subsistence resources, and 
        the environment as required pursuant to section 131(2);
            (6) provide that the lessee, its agents, and its 
        contractors use best efforts to provide a fair share, as 
        determined by the level of obligation previously agreed to in 
        the 1974 agreement implementing section 29 of the Federal 
        Agreement and Grant of Right of Way for the Operation of the 
        Trans Alaska Pipeline, of employment and contracting for Alaska 
        Natives and Alaska Native Corporations from throughout the 
        State; and
            (7) contain such other provisions as the Secretary 
        determines necessary to ensure compliance with the provisions 
        of this subtitle and the regulations issued under this 
        subtitle.
    (j) Lease Approval Deadlines.--
            (1) In general.--Not later than 10 business days after the 
        date on which an agency receives an application for any permit, 
        authorization, or other agency action with respect to a lease 
        under this subtitle, the agency shall--
                    (A) notify the applicant that the application is 
                complete; or
                    (B) notify the applicant that information is 
                missing and specify any information that is required to 
                be submitted for the application to be complete.
            (2) Issuance or deferral.--Not later than 30 days after the 
        applicant for such a permit, authorization, or other agency 
        action has submitted a complete application, the agency shall--
                    (A) issue the permit; or
                    (B)(i) defer the decision on the permit; and
                    (ii) provide to the applicant a notice that 
                specifies any steps that the applicant could take for 
                the permit to be issued.
            (3) Requirements for deferred applications.--
                    (A) In general.--If the agency provides notice 
                under paragraph (2)(B), the applicant shall have a 
                period of 2 years from the date of receipt of the 
                notice in which to complete all requirements specified 
                by the agency, including providing information needed 
                for compliance with the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.).
                    (B) Issuance of decision on permit.--If the 
                applicant completes the requirements within the period 
                specified in subparagraph (A), the agency shall issue a 
                decision on the permit not later than 10 days after the 
                date of completion of the requirements described in 
                subparagraph (A).
                    (C) Denial of permit.--If the applicant does not 
                complete the requirements within the period specified 
                in subparagraph (A) the agency shall deny the permit.
            (4) Agency requirements.--In any application for a permit, 
        authorization, or other agency action, the agency shall be 
        prohibited from requiring the applicant to perform any 
        analyses, studies, or other activities that are novel, 
        unprecedented, or otherwise inconsistent with past requirements 
        for permit applicants in the same or similar situations.
            (5) Failure to act.--In the event the agency fails to meet 
        any deadline set forth in this section, the agency shall 
        immediately grant the requested permit, authorization, or other 
        approval.
    (k) Coastal Plain Environmental Protection.--
            (1) No significant adverse effect standard to govern 
        authorized coastal plain activities.--The Secretary shall, 
        consistent with the requirements of paragraph (3), administer 
        the provisions of this subtitle through regulations, lease 
        terms, conditions, restrictions, prohibitions, stipulations, 
        and other provisions that--
                    (A) ensure the oil and gas exploration, 
                development, and production activities on the Coastal 
                Plain will result in no significant adverse effect on 
                fish and wildlife, their habitat, and the environment;
                    (B) require the application of the best 
                commercially available technology for oil and gas 
                exploration, development, and production on all new 
                exploration, development, and production operations; 
                and
                    (C) ensure that the maximum amount of surface 
                acreage covered by production and support facilities, 
                including airstrips and any areas covered by gravel 
                berms or piers for support of pipelines, does not 
                exceed 5,000 acres on the Coastal Plain.
            (2) Site-specific assessment and mitigation.--The Secretary 
        shall also require, with respect to any proposed drilling and 
        related activities pursuant to this subtitle, that--
                    (A) a site-specific analysis be made of the 
                probable effects, if any, that the drilling or related 
                activities will have on fish and wildlife, their 
                habitat, subsistence resources, and the environment;
                    (B) a plan be implemented to avoid, minimize, and 
                mitigate (in that order and to the extent practicable) 
                any significant adverse effect identified under 
                subparagraph (A); and
                    (C) the development of the plan shall occur after 
                consultation with the agency or agencies having 
                jurisdiction over matters mitigated by the plan.
            (3) Regulations to protect coastal plain fish and wildlife 
        resources, subsistence users, and the environment.--Before 
        implementing the leasing program authorized by this subtitle, 
        the Secretary shall prepare and promulgate regulations, lease 
        terms, conditions, restrictions, prohibitions, stipulations, 
        and other measures designed to ensure that the activities 
        undertaken on the Coastal Plain under this subtitle are 
        conducted in a manner consistent with the purposes and 
        environmental requirements of this subtitle.
            (4) Compliance with federal and state environmental laws 
        and other requirements.--The proposed regulations, lease terms, 
        conditions, restrictions, prohibitions, and stipulations for 
        the leasing program under this subtitle shall require 
        compliance with all applicable provisions of Federal and State 
        environmental law, and shall also require the following:
                    (A) Standards at least as effective as the safety 
                and environmental mitigation measures set forth in 
                items 1 through 29 at pages 167 through 169 of the 
                ``Final Legislative Environmental Impact Statement'' 
                (April 1987) on the Coastal Plain.
                    (B) That exploration activities shall be supported, 
                if necessary, by ice roads, winter trails with adequate 
                snow cover, ice pads, ice airstrips, and air transport 
                methods, except that such exploration activities may 
                occur at other times if the Secretary finds that such 
                exploration will have no significant adverse effect on 
                the fish and wildlife, their habitat, and the 
                environment of the Coastal Plain.
                    (C) Design safety and construction standards for 
                all pipelines and any access and service roads, that--
                            (i) minimize, to the maximum extent 
                        possible, adverse effects upon the passage of 
                        migratory species such as caribou; and
                            (ii) minimize adverse effects upon the flow 
                        of surface water by requiring the use of 
                        culverts, bridges, and other structural 
                        devices.
                    (D) Prohibitions on general public access and use 
                on all pipeline access and service roads.
                    (E) Stringent reclamation and rehabilitation 
                requirements, consistent with the standards set forth 
                in this subtitle, requiring the removal from the 
                Coastal Plain of all oil and gas development and 
                production facilities, structures, and equipment upon 
                completion of oil and gas production operations, except 
                that the Secretary may exempt from the requirements of 
                this subparagraph those facilities, structures, or 
                equipment that the Secretary determines would assist in 
                the management of the Arctic National Wildlife Refuge 
                and that are donated to the United States for that 
                purpose.
                    (F) Appropriate prohibitions or restrictions on 
                access by all modes of transportation.
                    (G) Appropriate prohibitions or restrictions on 
                sand and gravel extraction.
                    (H) Consolidation of facility siting.
                    (I) Appropriate prohibitions or restrictions on use 
                of explosives.
                    (J) Avoidance, to the extent practicable, of 
                springs, streams, and river system; the protection of 
                natural surface drainage patterns, wetlands, and 
                riparian habitats; and the regulation of methods or 
                techniques for developing or transporting adequate 
                supplies of water for exploratory drilling.
                    (K) Avoidance or minimization of air traffic-
                related disturbance to fish and wildlife.
                    (L) Treatment and disposal of hazardous and toxic 
                wastes, solid wastes, reserve pit fluids, drilling muds 
                and cuttings, and domestic wastewater, including an 
                annual waste management report, a hazardous materials 
                tracking system, and a prohibition on chlorinated 
                solvents, in accordance with applicable Federal and 
                State environmental law.
                    (M) Fuel storage and oil spill contingency 
                planning.
                    (N) Research, monitoring, and reporting 
                requirements.
                    (O) Field crew environmental briefings.
                    (P) Avoidance of significant adverse effects upon 
                subsistence hunting, fishing, and trapping by 
                subsistence users.
                    (Q) Compliance with applicable air and water 
                quality standards.
                    (R) Appropriate seasonal and safety zone 
                designations around well sites, within which 
                subsistence hunting and trapping shall be limited.
                    (S) Reasonable stipulations for protection of 
                cultural and archeological resources.
                    (T) All other protective environmental 
                stipulations, restrictions, terms, and conditions 
                deemed necessary by the Secretary.
    (l) Considerations.--In preparing and promulgating regulations, 
lease terms, conditions, restrictions, prohibitions, and stipulations 
under this section, the Secretary shall consider the following:
            (1) The stipulations and conditions that govern the 
        National Petroleum Reserve-Alaska leasing program, as set forth 
        in the 1999 Northeast National Petroleum Reserve-Alaska Final 
        Integrated Activity Plan/Environmental Impact Statement.
            (2) The environmental protection standards that governed 
        the initial Coastal Plain seismic exploration program under 
        parts 37.31 to 37.33 of title 50, Code of Federal Regulations.
            (3) The land use stipulations for exploratory drilling on 
        the KIC-ASRC private lands that are set forth in appendix 2 of 
        the August 9, 1983, agreement between Arctic Slope Regional 
        Corporation and the United States.
    (m) Environmental Appeals Board.--
            (1) Limitation on delegation of authority.--The 
        Administrator of the Environmental Protection Agency shall not 
        delegate any authority to the Environmental Appeals Board to 
        consider, review, reject, remand, or otherwise invalidate any 
        permit for activity under a lease under this title.
            (2) Performance by secretary.--The Administrator shall 
        perform all duties currently assigned to the Environmental 
        Appeals Board in the Secretary's individual capacity.
    (n) Facility Consolidation Planning.--
            (1) In general.--The Secretary shall, after providing for 
        public notice and comment, prepare and update periodically a 
        plan to govern, guide, and direct the siting and construction 
        of facilities for the exploration, development, production, and 
        transportation of Coastal Plain oil and gas resources.
            (2) Objectives.--The plan shall have the following 
        objectives:
                    (A) Avoiding unnecessary duplication of facilities 
                and activities.
                    (B) Encouraging consolidation of common facilities 
                and activities.
                    (C) Locating or confining facilities and activities 
                to areas that will minimize impact on fish and 
                wildlife, their habitat, and the environment.
                    (D) Utilizing existing facilities wherever 
                practicable.
                    (E) Enhancing compatibility between wildlife values 
                and development activities.
    (o) Access to Public Lands.--The Secretary shall--
            (1) manage public lands in the Coastal Plain subject to 
        subsections (a) and (b) of section 811 of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 3121); and
            (2) ensure that local residents shall have reasonable 
        access to public lands in the Coastal Plain for traditional 
        uses.
    (p) Expedited Judicial Review.--
            (1) Filing of complaint.--
                    (A) Deadline.--A complaint seeking judicial review 
                of any provision of this section or any action of the 
                Secretary under this section shall be filed--
                            (i) within the 90-day period beginning on 
                        the date of the action being challenged; or
                            (ii) in the case of a complaint based 
                        solely on grounds arising after such period, 
                        within 90 days after the complainant knew or 
                        reasonably should have known of the grounds for 
                        the complaint.
                    (B) Venue.--Any complaint seeking judicial review 
                of any provision of this subtitle or any action of the 
                Secretary under this subtitle may be filed only in the 
                United States Court of Appeals for the District of 
                Columbia.
                    (C) Limitation on scope of certain review.--
                Judicial review of a Secretarial decision to conduct a 
                lease sale under this subtitle, including the 
                environmental analysis thereof, shall be limited to 
                whether the Secretary has complied with this subtitle 
                and shall be based upon the administrative record of 
                that decision. The Secretary's identification of a 
                preferred course of action to enable leasing to proceed 
                and the Secretary's analysis of environmental effects 
                under this subtitle shall be presumed to be correct 
                unless shown otherwise by clear and convincing evidence 
                to the contrary.
            (2) Limitation on other review.--Actions of the Secretary 
        with respect to which review could have been obtained under 
        this section shall not be subject to judicial review in any 
        civil or criminal proceeding for enforcement.

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 
(30 U.S.C. 191).
    (b) Payments to Alaska.--Payments to the State of Alaska under this 
section shall be made semiannually.

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--
            (1) except as provided in paragraph (2), under section 28 
        of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
        title XI of the Alaska National Interest Lands Conservation Act 
        (30 U.S.C. 3161 et seq.); and
            (2) under title XI of the Alaska National Interest Lands 
        Conservation Act (30 U.S.C. 3161 et seq.), for access 
        authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
        3170 and 3171).
    (b) Terms and Conditions.--The Secretary shall include in any 
right-of-way or easement issued under subsection (a) such terms and 
conditions as may be necessary to ensure that transportation of oil and 
gas does not result in a significant adverse effect on the fish and 
wildlife, subsistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be sited or 
designed so as to avoid unnecessary duplication of roads and pipelines.
    (c) Regulations.--The Secretary shall include in regulations under 
section 132 provisions granting rights-of-way and easements described 
in subsection (a).

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 (16 U.S.C. 3192(h)(2)), shall 
convey--
            (1) to the Kaktovik Inupiat Corporation the surface estate 
        of the lands described in paragraph 1 of Public Land Order 
        6959, to the extent necessary to fulfill the Corporation's 
        entitlement under sections 12 and 14 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance 
        with the terms and conditions of the Agreement between the 
        Department of the Interior, the United States Fish and Wildlife 
        Service, the Bureau of Land Management, and the Kaktovik 
        Inupiat Corporation effective January 22, 1993; and
            (2) to the Arctic Slope Regional Corporation the remaining 
        subsurface estate to which it is entitled pursuant to the 
        August 9, 1983, agreement between the Arctic Slope Regional 
        Corporation and the United States of America.

SEC. 136. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.

    (a) Financial Assistance Authorized.--
            (1) In general.--The Secretary may use amounts available 
        from the Coastal Plain Local Government Impact Aid Assistance 
        Fund established by subsection (d) to provide timely financial 
        assistance to entities that are eligible under paragraph (2) 
        and that are directly impacted by the exploration for or 
        production of oil and gas on the Coastal Plain under this 
        subtitle.
            (2) Eligible entities.--The North Slope Borough, the City 
        of Kaktovik, and any other borough, municipal subdivision, 
        village, or other community in the State of Alaska that is 
        directly impacted by exploration for, or the production of, oil 
        or gas on the Coastal Plain under this subtitle, as determined 
        by the Secretary, shall be eligible for financial assistance 
        under this section.
    (b) Use of Assistance.--Financial assistance under this section may 
be used only for--
            (1) planning for mitigation of the potential effects of oil 
        and gas exploration and development on environmental, social, 
        cultural, recreational, and subsistence values;
            (2) implementing mitigation plans and maintaining 
        mitigation projects;
            (3) developing, carrying out, and maintaining projects and 
        programs that provide new or expanded public facilities and 
        services to address needs and problems associated with such 
        effects, including fire-fighting, police, water, waste 
        treatment, medivac, and medical services; and
            (4) establishment of a coordination office, by the North 
        Slope Borough, in the City of Kaktovik, that shall--
                    (A) coordinate with and advise developers on local 
                conditions, impact, and history of the areas utilized 
                for development; and
                    (B) provide to the Committee on Natural Resources 
                of the House of Representatives and the Committee on 
                Energy and Natural Resources of the Senate an annual 
                report on the status of coordination between developers 
                and the communities affected by development.
    (c) Application.--
            (1) In general.--Any community that is eligible for 
        assistance under this section may submit an application for 
        such assistance to the Secretary, in such form and under such 
        procedures as the Secretary may prescribe by regulation.
            (2) North slope borough communities.--A community located 
        in the North Slope Borough may apply for assistance under this 
        section either directly to the Secretary or through the North 
        Slope Borough.
            (3) Application assistance.--The Secretary shall work 
        closely with and assist the North Slope Borough and other 
        communities eligible for assistance under this section in 
        developing and submitting applications for assistance under 
        this section.
    (d) Establishment of Fund.--
            (1) In general.--There is established in the Treasury the 
        Coastal Plain Local Government Impact Aid Assistance Fund.
            (2) Use.--Amounts in the fund may be used only for 
        providing financial assistance under this section.
            (3) Deposits.--Subject to paragraph (4), there shall be 
        deposited into the fund amounts received by the United States 
        as revenues derived from rents, bonuses, and royalties from 
        Federal leases and lease sales authorized under this subtitle.
            (4) Limitation on deposits.--The total amount in the fund 
        may not exceed $11,000,000.
            (5) Investment of balances.--The Secretary of the Treasury 
        shall invest amounts in the fund in interest bearing government 
        securities.
    (e) Authorization of Appropriations.--To provide financial 
assistance under this section there is authorized to be appropriated to 
the Secretary from the Coastal Plain Local Government Impact Aid 
Assistance Fund $5,000,000 for each fiscal year.

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.

    (a) In General.--The relevant regulations, guidance, guidelines, 
and any other agency interpretations and rules that are in effect on 
the day on which a Priority Energy Project Developer submits an 
application for a permit, authorization, or other agency action 
regarding a Priority Energy Project shall remain in effect for purposes 
of the agency's evaluation, review, or action on such application. In 
no event shall any regulations, guidance, guidelines, or any other 
agency interpretations and rules that become effective after such day 
be considered applicable to or otherwise controlling with regard to an 
agency's evaluation, review, or action on such application.
    (b) Waiver.--Upon providing written notice to an agency, a Priority 
Energy Project Developer may waive subsection (a) with respect to a 
specific permit application. In no event shall such waiver be construed 
as waiving subsection (a) regarding any other permit application or any 
other agency action for that same Priority Energy Project.

SEC. 142. REGIONAL OFFICES AND REGIONAL PERMIT COORDINATORS.

    It is the sense of the Congress that--
            (1) within 180 days after enactment of this Act, the 
        Secretary of the Interior should establish regional offices in 
        Alaska and the contiguous 48 States to coordinate review of 
        Federal permits for oil and gas projects on Federal lands 
        onshore and on the outer Continental Shelf;
            (2) the regional offices should be responsible for 
        coordinating the timely completion of all permitting activities 
        by Federal agencies, and State agencies to the maximum extent 
        practicable, with respect to any oil and gas project under a 
        Federal lease issued pursuant to the mineral leasing laws, 
        either onshore or on the outer Continental Shelf, including oil 
        and gas projects should include oil shale projects under 
        Federal oil shale leases;
            (3) the number of regional offices should be established by 
        the Secretary, ensuring that there is an adequate number of 
        offices in each region proximate to available Federal oil and 
        gas lease tracts onshore and on the outer Continental Shelf to 
        meet the demands for expeditious permitting in that region;
            (4) the Secretary should designate as regional offices 
        pursuant to paragraph (3) all offices established under section 
        365 of the Energy Policy Act of 2005 (42 U.S.C. 15924);
            (5) within 90 days after the enactment of this Act, the 
        Secretary, the Secretary of Agriculture, the Secretary of 
        Commerce, the Secretary of Transportation, the Administrator of 
        the Environmental Protection Agency, the Chief of the Corps of 
        Engineers, and the head of any other Federal agency with 
        responsibilities related to permitting of Federal oil and gas 
        leases, should enter into a memorandum of understanding 
        establishing respective duties and responsibilities for 
        staffing the regional offices and accomplishing the objectives 
        of this section;
            (6) not later than 30 days after the date of signing of a 
        memorandum pursuant to subsection (c), all Federal signatory 
        agencies should assign to each regional office the appropriate 
        employees with expertise in the oil and gas permitting issues 
        relating to that office, including with respect to--
                    (A) consultation and preparation of biological 
                opinions under section 7 of the Endangered Species Act 
                of 1973 (16 U.S.C. 1536);
                    (B) regulatory matters under the Clean Air Act (42 
                U.S.C. 7401 et seq.);
                    (C) planning under the National Forest Management 
                Act of 1976 (16 U.S.C. 472a et seq.);
                    (D) the preparation of analyses under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) (NEPA);
                    (E) the preparation of analyses and the issuance of 
                approvals as required under the Coastal Zone Management 
                Act (33 U.S.C. 1451 et seq.);
                    (F) authorizations pursuant to the Marine Mammal 
                Protection Act of 1972 (16 U.S.C. 1361 et seq.);
                    (G) the issuance of permits as may be required for 
                the discharge of dredged or fill material into the 
                waters of the United States, including wetlands, under 
                section 404 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1344);
                    (H) applications for permits to drill under the 
                Mineral Leasing Act (30 U.S.C. 181 et seq.);
                    (I) exploration plans and development and 
                production plans and associated permits under the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); 
                and
                    (J) to the maximum extent practicable, for purposes 
                of this paragraph, Federal agencies should give 
                preference to employees volunteering for reassignment 
                to the regional offices, and should offer incentives to 
                attract and retain regional office employees, including 
                retaining contract employees, rotational assignments, 
                salary incentives of up to 120 percent of an employee's 
                existing salary immediately prior to reassignment, or 
                any combination of strategies;
            (7) each employee assigned pursuant to paragraph (6) 
        should--
                    (A) within 90 days after the date of assignment, 
                report to the regional office to which the employee is 
                assigned;
                    (B) be responsible for all issues relating to the 
                jurisdiction of the home office or agency of the 
                employee; and
                    (C) participate as part of the team working on 
                proposed oil and gas projects, planning, and 
                environmental analyses; and
            (8) the Secretary should appoint a Regional Permit 
        Coordinator to be located within each regional office 
        established pursuant to this section, with full authority to 
        act on behalf of the Secretary, and consistent with the 
        purposes of this subtitle, the Regional Permit Coordinators 
        should--
                    (A) pursue interagency coordination and cooperation 
                in the processing of permits required to support oil 
                and gas use authorizations on Federal lands;
                    (B) maintain or enhance high standards of safety 
                and environmental protection through improved 
                coordination;
                    (C) achieve process streamlining and increased 
                interagency efficiency, including elimination of 
                duplication between Federal and State agencies;
                    (D) seek improved information sharing and use, and 
                an improved understanding of respective agency 
                mandates, roles, and responsibilities;
                    (E) provide a more consistent approach for the 
                application of environmental science that will ensure 
                environmental protection for all areas affected by 
                outer Continental Shelf development, including Alaska; 
                and
                    (F) establish mechanisms to enhance coordination 
                with State agencies with expertise and responsibilities 
                related to oil and gas use authorizations.

SEC. 143. REVIEWS AND ACTIONS OF FEDERAL AGENCIES.

    (a) Schedules for Timely Permit Decisionmaking.--
            (1) Notification of applicant.--Within 10 days after the 
        date on which the Secretary receives any oil and gas permit 
        application or amended application, the Secretary shall either 
        notify the applicant that the application is complete or notify 
        the applicant that information is missing and specify the 
        information that is required to be submitted for the 
        application to be complete.
            (2) Classification of permit.--Within 30 days after 
        notifying such a permit applicant that an application is 
        complete, the Secretary, in consultation with the permit 
        applicant as necessary, shall determine and inform the Regional 
        Permit Coordinator responsible for that project area whether 
        the proposed permit is a class I, class II, or class III 
        permit. The Regional Permit Coordinator shall as soon as 
        possible, but in no event later than 30 days following the 
        Secretary's determination, establish a binding schedule to 
        ensure the most expeditious possible review and processing of 
        the requested permit in accordance with this section.
    (b) Permit Classes and Schedules.--
            (1) Class i permits.--An oil and gas permit shall be 
        designated as a class I permit under this section if the 
        permitted activity is of a nature that would typically require 
        preparation of an environmental impact statement under the 
        National Environmental Policy Act of 1969 to inform the 
        permitting decision. For such permits, the Regional Permit 
        Coordinator shall establish a schedule for timely completion of 
        all permit reviews and processing, not to exceed 30 months. The 
        Regional Permit Coordinator shall make the schedule publicly 
        available within 10 days after the schedule is established.
            (2) Class ii permits.--An oil and gas permit shall be 
        designated as a class II permit under this section if the 
        permitted activity is of a nature that would typically be found 
        not to significantly affect the quality of the human 
        environment under the National Environmental Policy Act of 
        1969. For such permits, the Regional Permit Coordinator shall 
        establish the most expeditious schedule possible for completion 
        of all permit reviews and processing, not to exceed 90 days. 
        The Regional Permit Coordinator may grant a one-time extension 
        of that schedule, not to exceed 60 days, upon a good cause 
        showing that additional time is necessary to complete permit 
        decisions. Not later than 15 days after establishing or 
        extending any schedule for a class II permit, the Regional 
        Permit Coordinator shall provide the permit applicant with the 
        schedule.
            (3) Class iii permits and categorical exclusions.--
                    (A) In general.--Notwithstanding paragraphs (1) and 
                (2), an oil and gas permit shall be designated as a 
                class III permit under this section if the permitted 
                activity either qualifies for a statutory or regulatory 
                categorical exclusion under the National Environmental 
                Policy Act of 1969 or if the requirements under the 
                National Environmental Policy Act of 1969 and other 
                applicable law for the permit have been completed 
                within 30 days after the date of a complete 
                application. For such permits, the permit shall be 
                issued within 30 days after the date of a complete 
                application.
                    (B) Purpose.--It is recognized that the purpose for 
                issuing a categorical exclusion is to eliminate the 
                need for unnecessary paperwork and effort under the 
                National Environmental Policy Act of 1969 for 
                categories of actions that normally do not warrant 
                preparation of an environmental impact statement or 
                environmental assessment.
                    (C) Rebuttable presumption.--In the case of permits 
                issued by the Bureau of Land Management, the activities 
                described in section 390 of the Energy Policy Act of 
                2005 (42 U.S.C. 15942) shall be entitled to a 
                rebuttable presumption that a categorical exclusion 
                shall apply if the activities are to be conducted 
                pursuant to the Mineral Leasing Act (30 U.S.C. 181 et 
                seq.), unless the Bureau shall have found extraordinary 
                circumstances to exist as a result of a review 
                conducted in accordance with 43 CFR 46.20(c), 43 CFR 
                46.215, and chapter 4 and appendix 5 of the Bureau of 
                Land Management NEPA Handbook, and shall have reported 
                the findings of this review to the Regional Permit 
                Coordinator within 30 days after the date of a complete 
                application. If extraordinary circumstances exist in 
                relation to the activities being considered, then the 
                application shall be eligible for a class I or class II 
                permit as appropriate under this section.
            (4) Reclassification of class ii permit.--If prior to the 
        expiration of the established schedule for a class II permit 
        newly discovered information indicates that the class II permit 
        will significantly affect the quality of the human environment, 
        the Secretary may, in consultation with the permit applicant, 
        reclassify the permit as a class I permit under paragraph (1), 
        and the Regional Coordinator shall establish an amended 
        schedule that complies with the provisions of that paragraph.
    (c) Dispute Resolution.--The Regional Permit Coordinator shall 
resolve all administrative issues that affect oil and gas permit 
reviews. The Regional Permit Coordinator shall report to the head of 
the relevant action agency, or his or her designee, for resolution of 
any issue regarding an oil and gas permit that may result in missing 
the schedule deadlines established pursuant to subsection (b). The 
Regional Permit Coordinators shall include data regarding the incidence 
and resolution of disputes under this subsection in their reports to 
the Secretary.
    (d) Remedies.--
            (1) In general.--An applicant for a class I permit may 
        bring a cause of action to seek expedited mandamus review, 
        pursuant to the procedures in section 174, if a Regional Permit 
        Coordinator or the Secretary fails to--
                    (A) establish a schedule in accordance with 
                subsection (b);
                    (B) enforce and ensure completion of reviews within 
                schedule deadlines; or
                    (C) take all actions as are necessary and proper to 
                avoid jeopardizing the timely completion of the entire 
                schedule.
            (2) Failure to comply with schedule.--If an agency fails to 
        complete its review of and issue a decision upon a permit 
        within the schedule established by the Court pursuant to 
        section 174, that permit shall be deemed granted to the 
        applicant.
    (e) Prohibition of Certain Terms and Conditions.--No Federal agency 
may include in any permit, right-of-way, or other authorization issued 
for an oil and gas project subject to the provisions of this subtitle, 
any term or condition that may be authorized, but is not required, by 
the provisions of any applicable law, if such term or condition would 
prevent or impair in any significant respect completion of a permit 
review within the time schedule established pursuant to subsection (b) 
or would otherwise impair in any significant respect expeditious oil 
and gas development. No Regional Permit Coordinator shall have any 
authority to impose any terms, conditions, or requirements beyond those 
imposed by any Federal law, agency, regulation, or lease term.
    (f) Consolidated Record.--The Secretary, acting through the 
appropriate Regional Permit Coordinator, with the cooperation of 
Federal and State administrative officials and agencies, shall maintain 
a complete, consolidated record of all decisions made or actions taken 
by the Regional Permit Coordinators or by any Federal agency with 
respect to any oil and gas permit.
    (g) Funding.--The Secretary shall carry out this section with 
amounts that are otherwise available for related purposes.

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.
    (b) Lead Agency.--The Federal Energy Regulatory Commission shall 
act as the lead agency for purposes of coordinating, reviewing, or 
otherwise granting any permit or authorization or other agency action 
regarding a Priority Energy Project pursuant to this Act.
    (c) Authority To Set Deadlines.--The Federal Energy Regulatory 
Commission, in consultation with other Federal agencies and, as 
appropriate, with Indian tribes, multi-State entities, and State 
agencies that are willing to coordinate their own separate permitting 
and environmental reviews with the lead agency, shall establish prompt 
and binding intermediate milestones and final deadlines for the 
granting of permits or authorizations or other agency actions relating 
to the Priority Energy Project not later than 90 days following 
notification by a Priority Energy Project Developer that it is invoking 
the provisions of this section for its Priority Energy Project.
    (d) Requirement To Meet Deadlines.--All Federal agencies shall meet 
the deadlines established under subsection (c) and cooperate fully with 
the Federal Energy Regulatory Commission in its capacity as lead agency 
pursuant to this Act. In the event an agency fails to act in accordance 
with a final deadline established pursuant to subsection (c) regarding 
a Priority Energy Project, the permit or authorization or other agency 
action shall be deemed granted and approved.
    (e) Appeals.--As lead agency, the Federal Energy Regulatory 
Commission shall hear all agency appeals in lieu of an affected agency 
regarding a Priority Energy Project and in hearing such appeals is 
authorized to remand, reverse, or revise any agency decision.
    (f) Consolidated Record.--As lead agency, the Federal Energy 
Regulatory Commission, in consultation with other Federal agencies, 
shall prepare a single environmental review document, which shall be 
used as the basis for all decisions regarding the Priority Energy 
Project under Federal law. The document may be an environmental 
assessment or environmental impact statement under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 
warranted, or such other form of analysis.
    (g) Resources.--All Federal agencies are required, upon request of 
the Federal Energy Regulatory Commission, as lead agency, to allocate 
personnel and other resources to assist it in fulfilling its 
obligations under this section.
    (h) Relationship to NEPA and Energy Policy Act of 2005.--
            (1) In general.--Section 390(a) of the Energy Policy Act of 
        2005 (42 U.S.C. 15942(a)) is amended--
                    (A) by striking ``rebuttable presumption that the 
                use of a''; and
                    (B) by striking ``would apply''.
            (2) Mineral leasing act.--Section 17(p) of the Mineral 
        Leasing Act (30 U.S.C. 226(p)) is repealed.
    (i) Additional Powers and Responsibilities.--
            (1) Regional permit coordinator reports.--The Regional 
        Permit Coordinators shall each submit a report to the Secretary 
        by December 31 of each year that documents each office's 
        performance in meeting the objectives under this subtitle, 
        including recommendations to further streamline the permitting 
        process.
            (2) Redirection of priorities or resources.--In order to 
        expedite overall permitting activity, the Secretary may 
        redirect the priority of regional office activities or the 
        allocation of resources among such offices, and shall engage 
        the agencies that are parties to the memorandum of 
        understanding under section 142(c) to the extent such 
        adjustments implicate their respective staffs or resources.
            (3) Report to congress.--Beginning 3 years after the date 
        of enactment of this Act, the Secretary shall prepare and 
        submit a report to the President and Congress by April 15 of 
        each year that outlines the results achieved under this 
        subtitle and makes recommendations to the President and 
        Congress for further improvements in processing oil and gas 
        permits on Federal lands.

SEC. 145. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    Chapter 8 of title 5, United States Code, is amended to read as 
follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``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--
            ``(i) a copy of the rule;
            ``(ii) a concise general statement relating to the rule;
            ``(iii) a classification of the rule as a major or nonmajor 
        rule, including an explanation of the classification 
        specifically addressing each criteria for a major rule 
        contained within sections 804(2)(A), 804(2)(B), and 804(2)(C);
            ``(iv) a list of any other related regulatory actions 
        intended to implement the same statutory provision or 
        regulatory objective as well as the individual and aggregate 
        economic effects of those actions; and
            ``(v) the proposed effective date of the rule.
    ``(B) On the date of the submission of the report under 
subparagraph (A), the Federal agency promulgating the rule shall submit 
to the Comptroller General and make available to each House of 
Congress--
            ``(i) a complete copy of the cost-benefit analysis of the 
        rule, if any, including an analysis of any jobs added or lost, 
        differentiating between public and private sector jobs;
            ``(ii) the agency's actions pursuant to sections 603, 604, 
        605, 607, and 609 of this title;
            ``(iii) the agency's actions pursuant to sections 202, 203, 
        204, and 205 of the Unfunded Mandates Reform Act of 1995; and
            ``(iv) any other relevant information or requirements under 
        any other Act and any relevant Executive orders.
    ``(C) Upon receipt of a report submitted under subparagraph (A), 
each House shall provide copies of the report to the chairman and 
ranking member of each standing committee with jurisdiction under the 
rules of the House of Representatives or the Senate to report a bill to 
amend the provision of law under which the rule is issued.
    ``(2)(A) The Comptroller General shall provide a report on each 
major rule to the committees of jurisdiction by the end of 15 calendar 
days after the submission or publication date as provided in section 
802(b)(2). The report of the Comptroller General shall include an 
assessment of the agency's compliance with procedural steps required by 
paragraph (1)(B).
    ``(B) Federal agencies shall cooperate with the Comptroller General 
by providing information relevant to the Comptroller General's report 
under subparagraph (A).
    ``(3) A major rule relating to a report submitted under paragraph 
(1) shall take effect upon enactment of a joint resolution of approval 
described in section 802 or as provided for in the rule following 
enactment of a joint resolution of approval described in section 802, 
whichever is later.
    ``(4) A nonmajor rule shall take effect as provided by section 803 
after submission to Congress under paragraph (1).
    ``(5) If a joint resolution of approval relating to a major rule is 
not enacted within the period provided in subsection (b)(2), then a 
joint resolution of approval relating to the same rule may not be 
considered under this chapter in the same Congress by either the House 
of Representatives or the Senate.
    ``(b)(1) A major rule shall not take effect unless the Congress 
enacts a joint resolution of approval described under section 802.
    ``(2) If a joint resolution described in subsection (a) is not 
enacted into law by the end of 70 session days or legislative days, as 
applicable, beginning on the date on which the report referred to in 
section 801(a)(1)(A) is received by Congress (excluding days either 
House of Congress is adjourned for more than 3 days during a session of 
Congress), then the rule described in that resolution shall be deemed 
not to be approved and such rule shall not take effect.
    ``(c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a major rule may take effect for one 
90-calendar-day period if the President makes a determination under 
paragraph (2) and submits written notice of such determination to the 
Congress.
    ``(2) Paragraph (1) applies to a determination made by the 
President by Executive order that the major rule should take effect 
because such rule is--
            ``(A) necessary because of an imminent threat to health or 
        safety or other emergency;
            ``(B) necessary for the enforcement of criminal laws;
            ``(C) necessary for national security; or
            ``(D) issued pursuant to any statute implementing an 
        international trade agreement.
    ``(3) An exercise by the President of the authority under this 
subsection shall have no effect on the procedures under section 802.
    ``(d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any rule for which a report 
was submitted in accordance with subsection (a)(1)(A) during the period 
beginning on the date occurring--
            ``(A) in the case of the Senate, 60 session days, or
            ``(B) in the case of the House of Representatives, 60 
        legislative days,
before the date the Congress is scheduled to adjourn a session of 
Congress through the date on which the same or succeeding Congress 
first convenes its next session, sections 802 and 803 shall apply to 
such rule in the succeeding session of Congress.
    ``(2)(A) In applying sections 802 and 803 for purposes of such 
additional review, a rule described under paragraph (1) shall be 
treated as though--
            ``(i) such rule were published in the Federal Register on--
                    ``(I) in the case of the Senate, the 15th session 
                day, or
                    ``(II) in the case of the House of Representatives, 
                the 15th legislative day,
        after the succeeding session of Congress first convenes; and
            ``(ii) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
    ``(B) Nothing in this paragraph shall be construed to affect the 
requirement under subsection (a)(1) that a report shall be submitted to 
Congress before a rule can take effect.
    ``(3) A rule described under paragraph (1) shall take effect as 
otherwise provided by law (including other subsections of this 
section).
``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--
            ``(A) bears no preamble;
            ``(B) bears the following title (with blanks filled as 
        appropriate): `Approving the rule submitted by ___ relating to 
        ___.';
            ``(C) includes after its resolving clause only the 
        following (with blanks filled as appropriate): `That Congress 
        approves the rule submitted by ___ relating to ___.'; and
            ``(D) is introduced pursuant to paragraph (2).
    ``(2) After a House of Congress receives a report classifying a 
rule as major pursuant to section 801(a)(1)(A)(iii), the majority 
leader of that House (or his or her respective designee) shall 
introduce (by request, if appropriate) a joint resolution described in 
paragraph (1)--
            ``(A) in the case of the House of Representatives, within 
        three legislative days; and
            ``(B) in the case of the Senate, within three session days.
    ``(3) A joint resolution described in paragraph (1) shall not be 
subject to amendment at any stage of proceeding.
    ``(b) A joint resolution described in subsection (a) shall be 
referred in each House of Congress to the committees having 
jurisdiction over the provision of law under which the rule is issued.
    ``(c) In the Senate, if the committee or committees to which a 
joint resolution described in subsection (a) has been referred have not 
reported it at the end of 15 session days after its introduction, such 
committee or committees shall be automatically discharged from further 
consideration of the resolution and it shall be placed on the calendar. 
A vote on final passage of the resolution shall be taken on or before 
the close of the 15th session day after the resolution is reported by 
the committee or committees to which it was referred, or after such 
committee or committees have been discharged from further consideration 
of the resolution.
    ``(d)(1) In the Senate, when the committee or committees to which a 
joint resolution is referred have reported, or when a committee or 
committees are discharged (under subsection (c)) from further 
consideration of a joint resolution described in subsection (a), it is 
at any time thereafter in order (even though a previous motion to the 
same effect has been disagreed to) for a motion to proceed to the 
consideration of the joint resolution, and all points of order against 
the joint resolution (and against consideration of the joint 
resolution) are waived. The motion is not subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If a motion to proceed 
to the consideration of the joint resolution is agreed to, the joint 
resolution shall remain the unfinished business of the Senate until 
disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 2 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) In the House of Representatives, if any committee to which a 
joint resolution described in subsection (a) has been referred has not 
reported it to the House at the end of 15 legislative days after its 
introduction, such committee shall be discharged from further 
consideration of the joint resolution, and it shall be placed on the 
appropriate calendar. On the second and fourth Thursdays of each month 
it shall be in order at any time for the Speaker to recognize a Member 
who favors passage of a joint resolution that has appeared on the 
calendar for at least 5 legislative days to call up that joint 
resolution for immediate consideration in the House without 
intervention of any point of order. When so called up a joint 
resolution shall be considered as read and shall be debatable for 1 
hour equally divided and controlled by the proponent and an opponent, 
and the previous question shall be considered as ordered to its passage 
without intervening motion. It shall not be in order to reconsider the 
vote on passage. If a vote on final passage of the joint resolution has 
not been taken by the third Thursday on which the Speaker may recognize 
a Member under this subsection, such vote shall be taken on that day.
    ``(f)(1) If, before passing a joint resolution described in 
subsection (a), one House receives from the other a joint resolution 
having the same text, then--
            ``(A) the joint resolution of the other House shall not be 
        referred to a committee; and
            ``(B) the procedure in the receiving House shall be the 
        same as if no joint resolution had been received from the other 
        House until the vote on passage, when the joint resolution 
        received from the other House shall supplant the joint 
        resolution of the receiving House.
    ``(2) This subsection shall not apply to the House of 
Representatives if the joint resolution received from the Senate is a 
revenue measure.
    ``(g) If either House has not taken a vote on final passage of the 
joint resolution by the last day of the period described in section 
801(b)(2), then such vote shall be taken on that day.
    ``(h) This section and section 803 are enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such is 
        deemed to be part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a) and superseding other rules only where 
        explicitly so; and
            ``(2) with full recognition of the Constitutional right of 
        either House to change the rules (so far as they relate to the 
        procedure of that House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of that House.
``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 ___ relating to ___, and such rule shall have no force or effect.' 
(The blank spaces being appropriately filled in).
    ``(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction.
    ``(2) For purposes of this section, the term submission or 
publication date means the later of the date on which--
            ``(A) the Congress receives the report submitted under 
        section 801(a)(1); or
            ``(B) the nonmajor rule is published in the Federal 
        Register, if so published.
    ``(c) In the Senate, if the committee to which is referred a joint 
resolution described in subsection (a) has not reported such joint 
resolution (or an identical joint resolution) at the end of 15 session 
days after the date of introduction of the joint resolution, such 
committee may be discharged from further consideration of such joint 
resolution upon a petition supported in writing by 30 Members of the 
Senate, and such joint resolution shall be placed on the calendar.
    ``(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is discharged 
(under subsection (c)) from further consideration of a joint resolution 
described in subsection (a), it is at any time thereafter in order 
(even though a previous motion to the same effect has been disagreed 
to) for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint resolution (and 
against consideration of the joint resolution) are waived. The motion 
is not subject to amendment, or to a motion to postpone, or to a motion 
to proceed to the consideration of other business. A motion to 
reconsider the vote by which the motion is agreed to or disagreed to 
shall not be in order. If a motion to proceed to the consideration of 
the joint resolution is agreed to, the joint resolution shall remain 
the unfinished business of the Senate until disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 10 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion to further 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) In the Senate the procedure specified in subsection (c) or 
(d) shall not apply to the consideration of a joint resolution 
respecting a nonmajor rule--
            ``(1) after the expiration of the 60 session days beginning 
        with the applicable submission or publication date, or
            ``(2) if the report under section 801(a)(1)(A) was 
        submitted during the period referred to in section 801(d)(1), 
        after the expiration of the 60 session days beginning on the 
        15th session day after the succeeding session of Congress first 
        convenes.
    ``(f) If, before the passage by one House of a joint resolution of 
that House described in subsection (a), that House receives from the 
other House a joint resolution described in subsection (a), then the 
following procedures shall apply:
            ``(1) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint resolution--
                    ``(A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.
``Sec. 804. Definitions
    ``For purposes of this chapter--
            ``(1) The term `Federal agency' means any agency as that 
        term is defined in section 551(1).
            ``(2) The term `major rule' means any rule, including an 
        interim final rule, that the Administrator of the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget finds has resulted in or is likely to result in--
                    ``(A) an annual effect on the economy of 
                $100,000,000 or more;
                    ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    ``(C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.
            ``(3) The term `nonmajor rule' means any rule that is not a 
        major rule.
            ``(4) The term `rule' has the meaning given such term in 
        section 551, except that such term does not include--
                    ``(A) any rule of particular applicability, 
                including a rule that approves or prescribes for the 
                future rates, wages, prices, services, or allowances 
                therefore, corporate or financial structures, 
                reorganizations, mergers, or acquisitions thereof, or 
                accounting practices or disclosures bearing on any of 
                the foregoing;
                    ``(B) any rule relating to agency management or 
                personnel; or
                    ``(C) any rule of agency organization, procedure, 
                or practice that does not substantially affect the 
                rights or obligations of non-agency parties.
``Sec. 805. Judicial review
    ``(a) No determination, finding, action, or omission under this 
chapter shall be subject to judicial review.
    ``(b) Notwithstanding subsection (a), a court may determine whether 
a Federal agency has completed the necessary requirements under this 
chapter for a rule to take effect.
    ``(c) The enactment of a joint resolution of approval under section 
802 shall not be interpreted to serve as a grant or modification of 
statutory authority by Congress for the promulgation of a rule, shall 
not extinguish or affect any claim, whether substantive or procedural, 
against any alleged defect in a rule, and shall not form part of the 
record before the court in any judicial proceeding concerning a rule 
except for purposes of determining whether or not the rule is in 
effect.
``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.
``Sec. 807. Effective date of certain rules
    ``Notwithstanding section 801--
            ``(1) any rule that establishes, modifies, opens, closes, 
        or conducts a regulatory program for a commercial, 
        recreational, or subsistence activity related to hunting, 
        fishing, or camping; or
            ``(2) any rule other than a major rule which an agency for 
        good cause finds (and incorporates the finding and a brief 
        statement of reasons therefore in the rule issued) that notice 
        and public procedure thereon are impracticable, unnecessary, or 
        contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the 
rule determines.''.

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.
    (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.

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.

SEC. 148. SAVINGS PROVISION.

    Except as expressly stated, nothing in this subtitle affects--
            (1) the applicability of any Federal or State law; or
            (2) any delegation of authority made by the head of a 
        Federal agency the employees of which are participating in the 
        implementation of this subtitle.

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.
    (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.

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.
    (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.

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.

    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.

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.
    (b) Public Participation.--
            (1) Public hearing requirement.--
                    (A) In general.--Subject to subparagraph (D), not 
                later than 90 days after the date on which the 
                Secretary of Interior issues a recommendation under 
                subsection (a), the Secretary shall hold not fewer than 
                one public hearing within a county (or comparable unit 
                of local government) located wholly or in part within 
                the boundaries of the proposed wilderness or wilderness 
                study area. The Secretary shall ensure that all 
                interested individuals are afforded an opportunity to 
                participate in a hearing held under this paragraph.
                    (B) Comments.--The Secretary of the Interior shall 
                solicit comments from the public at a hearing held 
                under subparagraph (A), and shall enter all comments 
                received at or related to such hearing into the record 
                of the hearing.
                    (C) Availability of record.--The Secretary of the 
                Interior shall promptly make the record of a hearing 
                held under subparagraph (A), including a transcript of 
                the hearing, available to the public on the Internet or 
                by other electronic means. The Secretary shall ensure 
                that any components of the record that are completed 
                before the entire record is finalized are made 
                available upon their completion.
                    (D) Waiver.--The Secretary of the Interior may 
                decline to hold a public hearing under subparagraph (A) 
                if each unit of local government located wholly or in 
                part within the boundaries of the national monument 
                expressly waives the right to such hearing.
            (2) Notice and comment period requirement.--Not later than 
        30 days after the date on which Secretary of Interior issues a 
        recommendation under subsection (a), the Secretary shall 
        initiate a notice and comment period to receive comments from 
        the public regarding the recommendation.
            (3) Report.--
                    (A) Contents.--Not later than one year after 
                issuing a recommendation to designate a wilderness or 
                wilderness study area under subsection (a), the 
                Secretary shall submit to Congress a report containing 
                the following:
                            (i) An analysis of the economic impact of 
                        the designation on the communities within 100 
                        miles of the boundaries of the proposed 
                        wilderness or wilderness study area, including 
                        an estimate of the tax revenues that will be 
                        lost to, or gained for, the Federal, State, and 
                        local governments as a result of the 
                        designation.
                            (ii) An analysis of the impact the 
                        designation will have on the Nation's energy 
                        security, including the effects of the loss of 
                        sites to produce wind, geothermal, or solar 
                        energy, and the number of barrels of oil, tons 
                        of coal, or cubic feet of natural gas that will 
                        become unavailable as a result of the 
                        designation.
                            (iii) The projected impact of the 
                        designation on interests, rights, and uses 
                        associated with the parcels of land within the 
                        boundaries of the monument, including water 
                        rights, hunting, recreational shooting, 
                        grazing, timber production, vegetation 
                        manipulation to maintain forest health, off-
                        road vehicle use, hiking, horseback riding, and 
                        mineral and energy leases, claims, and permits.
                            (iv) The record of any hearings held under 
                        paragraph (1).
                            (v) Any written comments received during 
                        the notice and comment period conducted under 
                        paragraph (2).
                    (B) Publication.--The Secretary of Interior shall 
                ensure that--
                            (i) a report submitted to Congress under 
                        subparagraph (A) is published on the Department 
                        of Interior Web site upon completion; and
                            (ii) any components of the report that are 
                        completed before the entire report is finalized 
                        and submitted to Congress are published on the 
                        Department of Interior Web site upon their 
                        completion.
            (4) Implementation guidelines.--The Secretary of the 
        Interior, in cooperation with the States, shall develop and 
        publish guidelines to provide for the implementation of 
        subsection.
    (c) Congressional Approval of Designation.--
            (1) Approval required.--A designation issued under 
        subsection (a) shall cease to be effective following the last 
        day of the 2-year period beginning on the date on which the 
        Secretary of Interior issued the designation, unless the report 
        is approved by an Act of Congress on or before that last day.
            (2) Management of land before approval.--During the period 
        between the issuance of the report described in subsection 
        (b)(3) and congressional approval described above, the 
        Secretary of Interior shall ensure that any restriction placed 
        on land and interests, rights, or uses associated with the 
        parcels of land designated as a national monument, including 
        water rights, hunting, recreational shooting, grazing, timber 
        production, vegetation manipulation to maintain forest health, 
        off-road vehicle use, hiking, horseback riding, and mineral and 
        energy leases, claims, and permits, is narrowly tailored and 
        essential to the proper care and management of the objects to 
        be protected.
            (3) Effect of nonapproval.--If Congress does not approve 
        the report, any reservation of land made by the report, and any 
        restriction imposed as a result of the report on interests, 
        rights, or uses associated with the parcels of land, shall 
        cease to be effective following the last day of the 2-year 
        period referred to in paragraph (1).

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 
(16 U.S.C. 431 et seq.) or any other relevant authority shall be 
effective except by compliance with this section. The provisions of 
this subsection shall apply to executive branch actions that withdraw 
less than 100 acres of public land where such withdrawals are located 
within 100 miles of any other withdrawal of public lands.
    (b) Withdrawal.--To the extent authorized by existing law, the 
President or the relevant head of an agency may withdraw public lands 
in the United States provided that such withdrawal shall not be 
effective until notice is provided in the Federal Register and to the 
House of Representatives and the Senate. Such withdrawal shall 
terminate unless approved by a Federal statute not later than one year 
after the notice of such withdrawal has been submitted to Congress.
    (c) Limitation.--If Congress fails to pass an Act approving a 
withdrawal under subsection (b), the President or the relevant head of 
an agency shall be prohibited from withdrawing such land or a similar 
area of public lands until at least 5 years after the end of the time 
period described in subsection (b).

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 (25 U.S.C. 415(a); commonly known as the 
``Long-term Leasing Act'') is amended by striking ``including the 
development or utilization of natural resources in connection with 
operations under such leases'' and inserting ``except leases for the 
development or utilization of natural resources and leases in 
connection with operations under such leases, neither of which shall 
require Secretarial approval under this section,''.

   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.

    (a) Jurisdiction.--Upon enactment of this Act, the Federal Energy 
Regulatory Commission, in lieu of the Department of the Interior, shall 
be granted exclusive jurisdiction and all relevant authority to 
implement and administer the leasing program for research and 
development of oil shale and tar sands and all other programs and 
requirements contained in section 369 of the Energy Policy Act of 2005 
(Public Law 109-58; 42 U.S.C. 15927).
    (b) Regulations.--Upon enactment of this Act and pursuant to 
paragraph (1), the Federal Energy Regulatory Commission shall 
immediately stay all regulations and guidelines promulgated by the 
Department of the Interior or any other agency under section 369 of the 
Energy Policy Act of 2005 and, notwithstanding any other law, publish 
proposed rules in the Federal Register not later than 6 months 
following enactment of this Act that fully implement as expeditiously 
as practicable the provisions of such section 369. The Federal Energy 
Regulatory Commission shall publish final rules not later than 18 
months following enactment of this Act.
    (c) Resources.--The Federal Energy Regulatory Commission is 
authorized to request from the Department of the Interior and the 
Department of Energy any resources and personnel that it deems 
necessary to implement and administer the provisions of this 
subsection, and the Department of the Interior and the Department of 
Energy are required to provide such resources and personnel as 
requested.

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.
    (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).

SEC. 173. JURISDICTION.

    (a) Exclusive Jurisdiction.--Notwithstanding any other provision of 
law, including section 23(c)(2) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1349(c)(2)), any final agency decision concerning any 
covered oil and natural gas activity shall be subject to judicial 
review only in the United States District Court for the District of 
Columbia.
    (b) Finality of Leasing Decisions.--Notwithstanding the provisions 
of any law or regulation to the contrary, a decision by the Bureau of 
Land Management or the Minerals Management Service to issue a Final 
Notice of Sale and proceed with an oil and gas lease sale pursuant to 
any authorizing leasing statute shall not be subject to further 
administrative review within the Department of the Interior, and shall 
be the final decision of the agency for purposes of judicial review.
    (c) Expedited Review.--Section 390 of the Energy Policy Act of 2005 
(42 U.S.C. 15942) is amended--
            (1) by striking ``be subject to a rebuttable presumption 
        that the use of'' and inserting ``apply''; and
            (2) by striking ``would apply''.

SEC. 174. JUDICIAL REVIEW.

    (a) In General.--
            (1) Exclusive jurisdiction.--The United States Court of 
        Appeals for the circuit in which a Priority Energy Project is 
        proposed to be constructed, expanded, or operated shall have 
        original and exclusive jurisdiction over the review of an order 
        or action of a Federal agency or State administrative agency 
        acting pursuant to Federal law to issue, condition, or deny any 
        permit, license, concurrence, or approval (hereinafter in this 
        section collectively referred to as a ``permit'') required 
        under Federal law.
            (2) Agency delay.--The United States Court of Appeals for 
        the District of Columbia shall have original and exclusive 
        jurisdiction over the review of an alleged failure to act by a 
        Federal agency or State administrative agency acting pursuant 
        to Federal law to issue, condition, or deny any permit required 
        under Federal law for a Priority Energy Project.
            (3) Court action.--
                    (A) In general.--The Court shall act as 
                expeditiously as possible for all appeals under this 
                section.
                    (B) Remand.--If a Court finds that such order or 
                action is inconsistent with the Federal law governing 
                such permit and would prevent the construction, 
                expansion, or operation of the Priority Energy Project, 
                the Court shall remand the proceeding to the agency to 
                take appropriate action consistent with the order of 
                the Court. If the Court remands the order or action to 
                a Federal or State agency, the Court shall set as 
                expeditious a schedule and deadline as possible for the 
                agency to act on remand, and in any event shall allow 
                not more than 90 days for agency action on remand.
                    (C) Attorney's fees and other expenses.--Attorney's 
                fees and other expenses of litigation shall be awarded 
                to the prevailing party in actions challenging an 
                agency action granting a permit for or otherwise 
                authorizing a Priority Energy Project, but in no event 
                shall a Priority Energy Project Developer be required 
                to pay attorney's fees and other expenses of litigation 
                to a prevailing party.
            (4) Appeals.--Appeals brought pursuant to this section may 
        only be filed within 30 days of a final agency action regarding 
        a permit.
    (b) Citizen Suits.--
            (1) Standing.--In any suit involving a Priority Energy 
        Project brought under a citizen suit provision under a Federal 
        law, any fact material to the standing of the party bringing 
        the suit that is in dispute shall be adjudicated by the Court 
        prior to the adjudication of any other issue relating to the 
        merits of the suit.
            (2) Preservation of agency discretion.--
                    (A) Notice of citizen suit required.--A party 
                seeking to file a citizen suit pursuant to a Federal 
                law involving a Priority Energy Project shall first 
                notify in writing the relevant agency and the Priority 
                Energy Project Developer of its intent to file a 
                citizen suit, the claims it intends to bring, and all 
                relevant statutory and regulatory provisions.
                    (B) Determination required.--
                            (i) In general.--Not later than 60 days 
                        following receipt of such notice, the agency 
                        shall exercise discretion in determining 
                        whether enforcement of the claims described in 
                        such notice are an appropriate use of agency 
                        resources.
                            (ii) Dismissal required.--If the agency 
                        determines such claims are not an appropriate 
                        use of agency resources, the citizen suit shall 
                        be not be considered authorized under relevant 
                        Federal law and if filed shall be immediately 
                        dismissed by the Court.
                            (iii) Agency response required.--If the 
                        agency determines such claims are an 
                        appropriate use of agency resources, the agency 
                        shall have a period of 24 months to act in 
                        response to such claims, including by bringing 
                        an enforcement action or by consulting with the 
                        Priority Energy Project Developer, before the 
                        citizen suit shall be considered authorized 
                        under relevant Federal law. Upon the request of 
                        the Priority Energy Project Developer, the 
                        agency must allow for an additional 24 months 
                        to act in response to such claims.
                    (C) Citizen suit authorized.--After the 24 month 
                period, or 48 month period, as applicable, described in 
                subparagraph (B)(iii) has expired, if the agency 
                publishes a notice in the Federal Register expressly 
                stating that it declines to address the claims 
                described by the party seeking to file a citizen suit 
                as described pursuant to subparagraph (A), then such 
                party is authorized to file a citizen suit under 
                relevant Federal law. The agency is prohibited from 
                publishing such notice if the Priority Energy Project 
                Developer has consulted with the agency and taken 
                remedial action regarding the claims contained in the 
                notice described in paragraph (A).
                    (D) Attorneys fees and expenses.--In a citizen suit 
                filed pursuant a Federal law that involves a Priority 
                Energy Project, a Priority Energy Project Developer 
                shall not be required to pay attorneys fees and 
                expenses to a prevailing party.
            (3) Settlements.--Notwithstanding any other provision of 
        law, no Federal agency shall enter into a settlement agreement 
        arising from a citizen suit subject to this subsection that 
        would require the reallocation of agency resources that had 
        been previously allocated by law or regulation.

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.
    (b) Standing.--Only persons whose legal rights will be directly and 
adversely affected by the challenged action, and who are within the 
zone of interest protected by each Act under which the challenge is 
brought, shall have standing to file any petition for judicial review 
of covered oil and natural gas activities.
    (c) Limitation.--Nothing in this section creates a right to 
judicial review or places any limit on filing a claim that a person has 
violated the terms of a permit, license, or approval.
    (d) Consolidated Record.--When any civil action is brought 
concerning any covered oil and natural gas activity, the Federal 
agencies involved shall immediately prepare for the court the 
consolidated record compiled for the challenged decision.
    (e) Completion of Review.--The court shall complete all judicial 
review, including rendering a judgment, before the end of the 210-day 
period beginning on the date on which a petition is filed that is 
subject to this subtitle, unless all parties to such proceeding agree 
to an extension of such period.
    (f) Expedited Mandamus Review.--Notwithstanding subsection (e), 
within 30 days after the filing of an action that is subject to this 
subtitle, the court shall issue a decision either compelling permit 
issuance or establishing a schedule that enables the most expeditious 
possible completion of proceedings. The court may issue orders to 
enforce any schedule it establishes under this subsection.
    (g) No Private Right of Action.--Except as expressly provided in 
this section, this subtitle shall not be construed to create any 
additional right, benefit, or trust responsibility, substantive or 
procedural, enforceable at law or equity, by a person against the 
United States, its agencies, its officers, or any person.

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.
    (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.

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.

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

SEC. 181. DEFINITIONS.

    In this subtitle:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A)(i) public land administered by the Secretary; 
                or
                    (ii) National Forest System land administered by 
                the Secretary of Agriculture; and
                    (B) not excluded from the development of solar or 
                wind energy under--
                            (i) a land use plan established under the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.);
                            (ii) a land use plan established under the 
                        National Forest Management Act of 1976 (16 
                        U.S.C. 1600 et seq.); or
                            (iii) other law.
            (2) Pilot program.--The term ``pilot program'' means the 
        wind and solar leasing pilot program established under section 
        183(a).
            (3) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (4) Secretaries.--The term ``Secretaries'' means--
                    (A) in the case of public land administered by the 
                Secretary, the Secretary; and
                    (B) in the case of National Forest System land 
                administered by the Secretary of Agriculture, the 
                Secretary of Agriculture.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

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--
            (1) complete and finalize the Programmatic Environmental 
        Impact Statement for Solar Energy Development in Six 
        Southwestern States (BLM/DES 10-59; DOE/EIS-0403) in accordance 
        with the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) to analyze the potential impacts of--
                    (A) a program to develop solar energy on land 
                administered by the Secretary, acting through the 
                Bureau of Land Management; and
                    (B) any necessary amendments to land use plans for 
                the land; and
            (2) amend any land use plans as appropriate to provide for 
        the development of energy resources in areas considered 
        appropriate by the Secretary.
    (b) National Forest System Land.--As soon as practicable but not 
later than 2 years after the date of enactment of this Act, the 
Secretary of Agriculture shall--
            (1) prepare and publish in the Federal Register a notice of 
        intent to prepare a programmatic environmental impact statement 
        in accordance with the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts 
        of--
                    (A) a program to develop solar and wind energy on 
                National Forest System land administered by the 
                Secretary of Agriculture; and
                    (B) any necessary amendments to land use plans for 
                the land; and
            (2) amend any land use plans as appropriate to provide for 
        the development of energy resources in areas considered 
        appropriate by the Secretary of Agriculture immediately on 
        completion of the programmatic environmental impact statement.
    (c) Effect on Processing Applications.--The requirement for 
completion of programmatic environmental impact statements under this 
section shall not result in any delay in processing or approving 
applications for wind or solar development on public land administered 
by the Secretary or on National Forest System land.
    (d) Military Installations.--
            (1) Report.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary of 
                Defense, in consultation with the Secretary of the 
                Interior, shall conduct a study, and prepare a report, 
                that--
                            (i) identifies locations on land withdrawn 
                        from the public domain and reserved for 
                        military purposes that--
                                    (I) exhibit a high potential for 
                                solar, wind, geothermal, or other 
                                energy resources production;
                                    (II) are disturbed or otherwise 
                                have comparatively low value for other 
                                resources; and
                                    (III) could be developed for energy 
                                production in a manner consistent with 
                                all present and reasonably foreseeable 
                                military training and operational 
                                missions and research, development, 
                                testing, and evaluation requirements; 
                                and
                            (ii) describes the administration of public 
                        land withdrawn for military purposes for the 
                        development of commercial-scale energy 
                        projects, including the legal authorities 
                        governing authorization for that use.
                    (B) Recommendations.--The report shall include 
                recommendations on--
                            (i) necessary changes in any law (including 
                        regulations);
                            (ii) whether the authorization for the use 
                        of the land for development of energy projects 
                        should be pursuant to lease, contract, right-
                        of-way, permit, or other form of authorization;
                            (iii) methods of improving coordination 
                        among the Federal, State, and local agencies, 
                        if any, involved in authorizing the projects; 
                        and
                            (iv) disposition of revenues resulting from 
                        the development of energy projects on the land.
            (2) Environmental impact analysis.--Not later than 1 year 
        after the completion of the study required by paragraph (1), 
        the Secretary of Defense, in consultation with the Secretary of 
        the Interior, shall prepare and publish in the Federal Register 
        a notice of intent to prepare an environmental impact analysis 
        document to support a program to develop energy resources on 
        withdrawn military land identified in the study as suitable for 
        the production.
            (3) Reports.--On completion of the report, the Secretary 
        and the Secretary of Defense shall jointly submit the report 
        required by paragraph (1) to--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Energy and Natural Resources 
                of the Senate;
                    (C) the Committee on Armed Services of the House of 
                Representatives; and
                    (D) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 183. DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND.

    (a) Pilot Program.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a wind and 
        solar leasing pilot program on covered land administered by the 
        Secretary.
            (2) Selection of sites.--
                    (A) In general.--Not later than 90 days after the 
                date the pilot program is established under this 
                subsection, the Secretary shall (taking into 
                consideration the multiple resource values of the land) 
                select 2 sites that are appropriate for the development 
                of a solar energy project, and 2 sites that are 
                appropriate for the development of a wind energy 
                project, on covered land administered by the Secretary 
                as part of the pilot program.
                    (B) Site selection.--In carrying out subparagraph 
                (A), the Secretary shall seek to select sites--
                            (i) for which there is likely to be a high 
                        level of industry interest;
                            (ii) that have a comparatively low value 
                        for other resources; and
                            (iii) that are representative of sites on 
                        which solar or wind energy is likely to be 
                        developed on covered land.
                    (C) Ineligible sites.--The Secretary shall not 
                select as part of the pilot program any site for which 
                a right-of way for site testing or construction has 
                been issued.
            (3) Qualifications.--Prior to any lease sale, the Secretary 
        shall establish qualifications for bidders that ensure 
        bidders--
                    (A) are able to expeditiously develop a wind or 
                solar energy project on the site for lease;
                    (B) possess--
                            (i) financial resources necessary to 
                        complete a project;
                            (ii) knowledge of the applicable 
                        technology; and
                            (iii) such other qualifications as are 
                        determined appropriate by the Secretary; and
                    (C) meet the eligibility requirements for leasing 
                under the first section of the Mineral Leasing Act (30 
                U.S.C. 181).
            (4) Lease sales.--
                    (A) In general.--Except as provided in subparagraph 
                (D)(ii), not later than 180 days after the date sites 
                are selected under paragraph (2), the Secretary shall 
                offer each site for competitive leasing to qualified 
                bidders under such terms and conditions as are required 
                by the Secretary.
                    (B) Bidding systems.--
                            (i) In general.--In offering the sites for 
                        lease, the Secretary may vary the bidding 
                        systems to be used at each lease sale, 
                        including--
                                    (I) cash bonus bids with a 
                                requirement for payment of the royalty 
                                established under this Act;
                                    (II) variable royalty bids based on 
                                a percentage of the gross proceeds from 
                                the sale of electricity produced from 
                                the lease, except that the royalty 
                                shall not be less than the royalty 
                                required under this Act, together with 
                                a fixed cash bonus; and
                                    (III) such other bidding system as 
                                ensures a fair return to the public 
                                consistent with the royalty established 
                                under this Act.
                            (ii) Round.--The Secretary shall limit 
                        bidding to 1 round in any lease sale.
                            (iii) Expenditures.--In any case in which 
                        the land that is subject to lease has 1 or more 
                        pending applications for the development of 
                        wind or solar energy at the time of the lease 
                        sale, the Secretary shall give credit toward 
                        any bid submitted by the applicant for 
                        expenditures of the applicant considered by the 
                        Secretary to be qualified and necessary for the 
                        preparation of the application.
                    (C) Revenues.--Bonus bids, royalties, rentals, 
                fees, or other payments collected by the Secretary 
                under this section shall be subject to section 184.
                    (D) Lease terms.--
                            (i) In general.--As part of the pilot 
                        program, the Secretary may vary the length of 
                        the lease terms and establish such other lease 
                        terms and conditions as the Secretary considers 
                        appropriate.
                            (ii) Data collection.--As part of the pilot 
                        program, the Secretary shall--
                                    (I) offer on a noncompetitive basis 
                                on at least 1 site a short-term lease 
                                for data collection; and
                                    (II) on the expiration of the 
                                short-term lease, offer on a 
                                competitive basis a long-term lease, 
                                giving credit toward the bonus bid to 
                                the holder of the short-term lease for 
                                any qualified expenditures to collect 
                                data to develop the site during the 
                                short-term lease.
            (5) Compliance with laws.--In offering for lease the 
        selected sites under paragraph (4), the Secretary shall comply 
        with all applicable environmental and other laws.
            (6) Report.--The Secretary shall--
                    (A) compile a report of the results of each lease 
                sale under the pilot program, including--
                            (i) the level of competitive interest;
                            (ii) a summary of bids and revenues 
                        received; and
                            (iii) any other factors that may have 
                        impacted the lease sale process; and
                    (B) not later than 90 days after the final lease 
                sale, submit to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives the report 
                described in subparagraph (A).
            (7) Rights-of-way.--During the pendency of the pilot 
        program, the Secretary shall continue to issue rights-of-way, 
        in compliance with authority in effect on the date of enactment 
        of this Act, for available sites not selected for the pilot 
        program.
    (b) Secretarial Determination.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretaries shall make a joint 
        determination on whether to establish a leasing program under 
        this section for wind or solar energy, or both, on all covered 
        land.
            (2) System.--If the Secretaries determine that a leasing 
        program should be established, the program shall apply to all 
        covered land in accordance with this Act and other provisions 
        of law applicable to public land or National Forest System 
        land.
            (3) Establishment.--The Secretaries shall establish a 
        leasing program unless the Secretaries determine that the 
        program--
                    (A) is not in the public interest; and
                    (B) does not provide an effective means of 
                developing wind or solar energy.
            (4) Consultation.--In making the determinations required 
        under this subsection, the Secretaries shall consult with--
                    (A) the heads of other relevant Federal agencies;
                    (B) interested States, Indian tribes, and local 
                governments;
                    (C) representatives of the solar and wind 
                industries;
                    (D) representatives of the environment, 
                conservation, and outdoor sporting communities;
                    (E) other users of the covered land; and
                    (F) the public.
            (5) Considerations.--In making the determinations required 
        under this subsection, the Secretaries shall consider the 
        results of the pilot program.
            (6) Regulations.--Not later than 1 year after the date on 
        which any determination is made to establish a leasing program, 
        the Secretaries shall jointly promulgate final regulations to 
        implement the program.
            (7) Report.--If the Secretaries determine that a leasing 
        program should not be established, not later than 60 days after 
        the date of the determination, the Secretaries shall jointly 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a report describing the basis and findings for 
        the determination.
    (c) Transition.--
            (1) In general.--If the Secretaries determine under 
        subsection (b) that a leasing program should be established for 
        covered land, until the program is established and final 
        regulations for the program are issued--
                    (A) the Secretary shall continue to accept 
                applications for rights-of-way on covered land, and 
                provide for the issuance of rights-of-way on covered 
                land within the jurisdiction of the Secretary for the 
                development of wind or solar energy pursuant to each 
                requirement described in title V of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1761 et 
                seq.) and other applicable law; and
                    (B) the Secretary of Agriculture shall continue to 
                accept applications for authorizations, and provide for 
                the issuance of the authorizations, for the development 
                of wind or solar energy on covered land within the 
                jurisdiction of the Secretary pursuant to applicable 
                law.
            (2) Existing rights-of-way and authorizations.--
                    (A) In general.--Effective beginning on the date on 
                which the wind or solar leasing programs are 
                established and final regulations are issued, the 
                Secretaries shall not renew an existing right-of-way or 
                other authorization for wind or solar energy 
                development at the end of the term of the right-of-way 
                or authorization.
                    (B) Lease.--
                            (i) In general.--Subject to clause (ii), at 
                        the end of the term of the right-of-way or 
                        other authorization for the wind or solar 
                        energy project, the Secretary or, in the case 
                        of National Forest System land, the Secretary 
                        of Agriculture, shall grant, without a 
                        competitive process, a lease to the holder of 
                        the right-of-way or other authorization for the 
                        same covered land as was authorized under the 
                        right-of-way or other authorization if (as 
                        determined by the Secretary concerned)--
                                    (I) the holder of the right-of-way 
                                or other authorization has met the 
                                requirements of diligent development; 
                                and
                                    (II) issuance of the lease is in 
                                the public interest and consistent with 
                                applicable law.
                            (ii) Terms and conditions.--Any lease 
                        described in clause (i) shall be subject to--
                                    (I) terms and conditions that are 
                                consistent with this Act and the 
                                regulations issued under this Act; and
                                    (II) the regulations in effect on 
                                the date of renewal and any other terms 
                                and conditions that the Secretary 
                                considers necessary to protect the 
                                public interest.
            (3) Pending rights-of-way.--Effective beginning on the date 
        on which the wind or solar leasing programs are established and 
        final regulations for the programs are issued, the Secretary 
        or, with respect to National Forest System land, the Secretary 
        of Agriculture shall provide any applicant that has filed a 
        plan of development for a right-of-way or, in the case of 
        National Forest System land, for an applicable authorization, 
        for a wind or solar energy project with an option to acquire a 
        lease on a noncompetitive basis, under such terms and 
        conditions as are required by this Act, applicable regulations, 
        and the Secretary concerned, for the same covered land included 
        in the plan of development if--
                    (A) the plan of development has been determined by 
                the Secretary concerned to be adequate for the 
                initiation of environmental review;
                    (B) granting the lease is consistent with all 
                applicable land use planning, environmental, and other 
                laws;
                    (C) the applicant has made a good faith effort to 
                obtain a right-of-way or, in the case of National 
                Forest System land, other authorization, for the 
                project; and
                    (D) issuance of the lease is in the public 
                interest.
    (d) Leasing Program.--If the Secretaries determine under subsection 
(b) that a leasing program should be established, the program shall be 
established in accordance with subsections (e) through (k).
    (e) Competitive Leases.--
            (1) In general.--Except as provided in paragraph (2), 
        leases for wind or solar energy development under this section 
        shall be issued on a competitive basis with a single round of 
        bidding in any lease sale.
            (2) Exceptions.--Paragraph (1) shall not apply if the 
        Secretary or, with respect to National Forest System land, the 
        Secretary of Agriculture determines that--
                    (A) no competitive interest exists for the covered 
                land;
                    (B) the public interest would not be served by the 
                competitive issuance of a lease;
                    (C) the lease is for the placement and operation of 
                a meteorological or data collection facility or for the 
                development or demonstration of a new wind or solar 
                technology and has a term of not more than 5 years; or
                    (D) the covered land is eligible to be granted a 
                noncompetitive lease under subsection (c).
    (f) Payments.--
            (1) In general.--The Secretaries shall jointly establish 
        fees, rentals, bonuses, or other payments to ensure a fair 
        return to the United States for any lease issued under this 
        section.
            (2) Bonus bids.--The Secretaries may grant credit toward 
        any bonus bid for a qualified expenditure by the holder of a 
        lease described in subsection (e)(2)(C) in any competitive 
        lease sale held for a long-term lease covering the same land 
        covered by the lease described in subsection (e)(2)(C).
    (g) Qualifications.--Prior to any lease sale, the Secretary shall 
establish qualifications for bidders that ensure bidders meet the 
requirements described in subsection (a)(3).
    (h) Requirements.--The Secretaries shall ensure that any activity 
under a leasing program is carried out in a manner that--
            (1) is consistent with all applicable land use planning, 
        environmental, and other laws; and
            (2) provides for--
                    (A) safety;
                    (B) protection of the environment and fish and 
                wildlife habitat;
                    (C) mitigation of impacts;
                    (D) prevention of waste;
                    (E) diligent development of the resource, with 
                specific milestones to be met by the lessee as 
                determined by the Secretaries;
                    (F) coordination with applicable Federal agencies;
                    (G) a fair return to the United States for any 
                lease;
                    (H) use of best management practices, including 
                planning and practices for mitigation of impacts;
                    (I) public notice and comment on any proposal 
                submitted for a lease under this section;
                    (J) oversight, inspection, research, monitoring, 
                and enforcement relating to a lease under this section;
                    (K) the quantity of acreage to be commensurate with 
                the size of the project covered by a lease; and
                    (L) efficient use of water resources.
    (i) Lease Duration, Suspension, and Cancellation.--
            (1) Duration.--A lease under this section shall be for--
                    (A) an initial term of 25 years; and
                    (B) any additional period after the initial term 
                during which electricity is being produced annually in 
                commercial quantities from the lease.
            (2) Administration.--The Secretary shall establish terms 
        and conditions for the issuance, transfer, renewal, suspension, 
        and cancellation of a lease under this section.
            (3) Readjustment.--
                    (A) In general.--Royalties, rentals, and other 
                terms and conditions of a lease under this section 
                shall be subject to readjustment--
                            (i) on the date that is 15 years after the 
                        date on which the lease is issued; and
                            (ii) every 10 years thereafter.
                    (B) Lease.--Each lease issued under this Act shall 
                provide for readjustment in accordance with 
                subparagraph (A).
    (j) Surface-Disturbing Activities.--The Secretaries shall--
            (1) regulate all surface-disturbing activities conducted 
        pursuant to any lease issued under this section; and
            (2) require any necessary reclamation and other actions 
        under the lease as are required in the interest of conservation 
        of surface resources.
    (k) Security.--The Secretaries shall require the holder of a lease 
issued under this section--
            (1) to furnish a surety bond or other form of security, as 
        prescribed by the Secretaries;
            (2) to provide for the reclamation and restoration of the 
        area covered by the lease; and
            (3) to comply with such other requirements as the 
        Secretaries consider necessary to protect the interests of the 
        public and the United States.
    (l) Periodic Review.--Not less frequently than once every 5 years, 
the Secretary shall conduct a review of the adequacy of the surety bond 
or other form of security provided by the holder of a lease issued 
under this section.

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--
            (1) 25 percent shall be paid by the Secretary of the 
        Treasury to the State within the boundaries of which the income 
        is derived;
            (2) 25 percent shall be paid by the Secretary of the 
        Treasury to the 1 or more counties within the boundaries of 
        which the income is derived; and
            (3) 50 percent shall be deposited in the Treasury of the 
        United States.
    (b) Payments to States and Counties.--Amounts paid to States and 
counties under subsection (a) shall be used consistent with section 35 
of the Mineral Leasing Act (30 U.S.C. 191).

                  Subtitle H--Miscellaneous Provisions

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.

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 (43 U.S.C. 
1344), including the requirement to consider the relative environmental 
sensitivity of different areas of the outer Continental Shelf under 
section 18(a)(2)(G) of the Act (43 U.S.C. 1344(a)(2)(G)).
    (b) Program Deemed Sufficient.--The Final Outer Continental Shelf 
Oil and Gas Leasing Program, 2007-2012, is deemed to meet all 
requirements of section 18 of the Act (43 U.S.C. 1344) and is effective 
as of the date on which the Secretary made that program effective.

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.

SEC. 194. INTEGRITY OF LEASE SALES AND LEASING SCHEDULE.

    (a) Leasing During Judicial or Administrative Review.--Section 
18(d)(3) of the Act (43 U.S.C. 1344(d)(3)) is amended to read as 
follows:
    ``(3) After the leasing program has been approved by the Secretary, 
except as otherwise provided by applicable law, no lease shall be 
issued unless it is for an area included in the approved leasing 
program and unless it contains provisions consistent with the approved 
leasing program, except that leasing shall continue for so long as such 
program is under judicial or administrative review pursuant to this 
Act, including any administrative review occasioned by the remand of 
such program as a result of judicial review. Any lease issued pursuant 
to a lease sale held in the period that the approved leasing program is 
under judicial or administrative review is deemed to have been issued 
pursuant to an approved leasing program.''.
    (b) Court Action Upon Appeal.--The last sentence of section 
23(c)(6) of the Act (43 U.S.C. 1349(c)(6)) is amended to read as 
follows: ``The court may affirm or modify any order or decision or may 
remand the proceedings to the Secretary for such further action as it 
may direct.''.

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)--
            (1) without further review by the Bureau of Ocean Energy 
        Management, Regulation and Enforcement and Bureau of Safety and 
        Environmental Enforcement; and
            (2) without further review or delay under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq.) or 
        any other similar statutes, including the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.) or the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
    (b) Operations.--Operations conducted under subsection (a) shall be 
carried out in accordance with the safety protocols contained in part 
250 of title 30, Code of Federal Regulations.
    (c) Review of Compliance.--This section does not prohibit review of 
compliance with the terms of such a permit.

SEC. 196. TIME REQUIREMENT TO ACT ON OIL AND NATURAL GAS DRILLING 
              PERMITS.

    Subsection (d) of section 11 of the Act (43 U.S.C. 1340) is amended 
by designating the existing text as paragraph (1) and adding at the end 
the following:
            ``(2)(A) The Secretary shall approve or disapprove any 
        application for a permit for drilling a well under an approved 
        exploration or development plan, or any application to amend a 
        previously approved permit, within 30 days after its 
        submission, except that the Secretary may disapprove such 
        permit only upon a determination that--
                    ``(i) any proposed activity under the permit would 
                result in any condition described in section 
                5(a)(2)(A)(i); and
                    ``(ii) such proposed activity cannot be modified to 
                avoid such condition.
            ``(B) The Secretary may request additional information from 
        the applicant prior to approving or disapproving such 
        application, but the request for additional information must be 
        received by the applicant within 15 days after submission of 
        the application to the Secretary. Upon receipt of the 
        additional information requested by the Secretary, the 
        Secretary shall approve or disapprove the application within 15 
        days in accordance with this subsection. If the Secretary 
        disapproves a permit application or an amended permit 
        application pursuant to this subsection, and there is no other 
        well on the lease tract capable of production in paying 
        quantities, within 90 days after receipt of a final disapproval 
        decision all record title holders of the lease may request 
        cancellation of the lease, and within 60 days after receipt of 
        such cancellation request the Secretary shall pay to the record 
        title holders the amount of any bonus bid paid for such lease. 
        The Secretary shall make such payment from amounts that 
        otherwise would be credited to miscellaneous receipts pursuant 
        to section 9.''.

SEC. 197. TIMELY ISSUANCE OF ONSHORE OIL AND GAS LEASES.

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

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.

                TITLE II--CONTINENTAL PIPELINE APPROVAL

SEC. 201. KEYSTONE XL PIPELINE PERMIT APPROVAL.

    (a) Permit Approval.--The permit described in subsection (b) is 
hereby approved.
    (b) Description of Permit.--The permit approved under subsection 
(a) is the permit with respect to certain energy-related facilities and 
land transportation crossings on the international boundaries of the 
United States for the Keystone XL pipeline project, an application for 
which was filed on September 19, 2008 (including amendments).
    (c) Requirements.--The permit granted under subsection (a) shall 
require the following:
            (1) The permittee shall comply with all applicable Federal 
        and State laws (including regulations) and all applicable 
        industrial codes regarding the construction, connection, 
        operation, and maintenance of the United States facilities.
            (2) The permittee shall take all appropriate measures to 
        prevent or mitigate any adverse environmental impact or 
        disruption of historic properties in connection with the 
        construction, operation, and maintenance of the United States 
        facilities.
            (3) For the purpose of the permit approved under subsection 
        (a) (regardless of any modifications under subsection (d))--
                    (A) the final environmental impact statement issued 
                by the Secretary of State on August 26, 2011, satisfies 
                all requirements of the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of 
                the National Historic Preservation Act (16 U.S.C. 
                470f);
                    (B) any modification required by the Secretary of 
                State to the Plan described in paragraph (4)(A) shall 
                not require supplementation of the final environmental 
                impact statement described in that paragraph; and
                    (C) no further Federal environmental review shall 
                be required.
            (4) The construction, operation, and maintenance of the 
        facilities shall be in all material respects similar to that 
        described in the application described in subsection (b) and in 
        accordance with--
                    (A) the construction, mitigation, and reclamation 
                measures agreed to by the permittee in the Construction 
                Mitigation and Reclamation Plan found in appendix B of 
                the final environmental impact statement issued by the 
                Secretary of State on August 26, 2011, subject to the 
                modification described in subsection (d);
                    (B) the special conditions agreed to between the 
                permittee and the Administrator of the Pipeline 
                Hazardous Materials Safety Administration of the 
                Department of Transportation found in appendix U of the 
                final environmental impact statement described in 
                subparagraph (A);
                    (C) if the modified route submitted by the Governor 
                of Nebraska under subsection (d)(3)(B) crosses the Sand 
                Hills region, the measures agreed to by the permittee 
                for the Sand Hills region found in appendix H of the 
                final environmental impact statement described in 
                subparagraph (A); and
                    (D) the stipulations identified in appendix S of 
                the final environmental impact statement described in 
                subparagraph (A).
            (5) Other requirements that are standard industry practice 
        or commonly included in Federal permits that are similar to a 
        permit approved under subsection (a).
    (d) Modification.--The permit approved under subsection (a) shall 
require--
            (1) the reconsideration of routing of the Keystone XL 
        pipeline within the State of Nebraska;
            (2) a review period during which routing within the State 
        of Nebraska may be reconsidered and the route of the Keystone 
        XL pipeline through the State altered with any accompanying 
        modification to the Plan described in subsection (c)(4)(A); and
            (3) the President--
                    (A) to coordinate review with the State of Nebraska 
                and provide any necessary data and reasonable technical 
                assistance material to the review process required 
                under this subsection; and
                    (B) to approve the route within the State of 
                Nebraska that has been submitted to the Secretary of 
                State by the Governor of Nebraska.
    (e) Effect of No Approval.--If the President does not approve the 
route within the State of Nebraska submitted by the Governor of 
Nebraska under subsection (d)(3)(B) not later than 10 days after the 
date of submission, the route submitted by the Governor of Nebraska 
under subsection (d)(3)(B) shall be considered approved, pursuant to 
the terms of the permit approved under subsection (a) that meets the 
requirements of subsection (c) and this subsection, by operation of 
law.
    (f) Private Property Savings Clause.--Nothing in this section 
alters the Federal, State, or local processes or conditions in effect 
on the date of enactment of this Act that are necessary to secure 
access from private property owners to construct the Keystone XL 
pipeline.

              TITLE III--RADIOLOGICAL MATERIAL REPOSITORY

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.
    (b) Yucca Mountain.--
            (1) In general.--The repository site at Yucca Mountain 
        shall remain the site for the Nation's radiological material 
        repository following full statutory review of the Department of 
        Energy's license application to construct the Yucca Mountain 
        repository.
            (2) Application.--The Nuclear Regulatory Commission shall 
        continue to review the Department of Energy's pending license 
        application to construct the repository at Yucca Mountain until 
        a determination is made on the merits of the application.
    (c) Deadlines.--
            (1) Suitability determination.--Not later than 90 days 
        after the enactment of this Act, the Nuclear Regulatory 
        Commission shall make a determination regarding the suitability 
        of Yucca Mountain under subsection (a).
            (2) Action on application.--Not later than 180 days after 
        the enactment of this Act, the Nuclear Regulatory Commission 
        shall approve the application under subsection (b).
    (d) Limitations on Amount of Radiological Material.--All statutory 
limitations on the amount of radiological material that can be placed 
in Yucca Mountain are hereby removed and shall be replaced by the 
Nuclear Regulatory Commission with new limits based on scientific and 
technical analysis of the full capacity of Yucca Mountain for the 
storage of radiological material.

     TITLE IV--RELIEF FROM REGULATIONS AND PROHIBITIONS THAT CAUSE 
                       ARTIFICIAL PRICE INCREASES

SEC. 401. ENDANGERED SPECIES ACT OF 1973 REFORM.

    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is 
amended--
            (1) by striking ``best scientific and commercial data 
        available'' each place it appears and inserting ``best 
        scientific and economic data available at the time, including 
        analysis of the costs and benefits of the matter under 
        consideration''; and
            (2) by adding at the end the following:

``SEC. 19. SCOPE.

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

SEC. 402. REPEAL OF EPA CLIMATE CHANGE REGULATION.

    (a) Greenhouse Gas Regulation Under Clean Air Act.--Section 302(g) 
of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the 
following at the end thereof: ``The term `air pollutant' does not 
include carbon dioxide, water vapor, methane, nitrous oxide, 
hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.''.
    (b) No Regulation of Climate Change.--Nothing in the Clean Air Act 
(42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.), the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.), shall be treated as authorizing or requiring the regulation of 
climate change or global warming.
    (c) Exceptions.--Notwithstanding subsections (a) and (b), this 
section does not prohibit the following:
            (1) Implementation and enforcement of the rule entitled 
        ``Light-Duty Vehicle Greenhouse Gas Emission Standards and 
        Corporate Average Fuel Economy Standards'' (as published at 75 
        Fed. Reg. 25324 (May 7, 2010) and without further revision) and 
        finalization, implementation, enforcement, and revision of the 
        proposed rule entitled ``Greenhouse Gas Emissions Standards and 
        Fuel Efficiency Standards for Medium- and Heavy-Duty Engines 
        and Vehicles'' published at 75 Fed. Reg. 74152 (November 30, 
        2010).
            (2) Statutorily authorized Federal research, development, 
        demonstration programs and voluntary programs addressing 
        climate change.
            (3) Implementation and enforcement of title VI of the Clean 
        Air Act (42 U.S.C. 7671 et seq.) to the extent such 
        implementation or enforcement only involves one or more class I 
        substances or class II substances (as such terms are defined in 
        section 601 of such title).
            (4) Implementation and enforcement of section 821 (42 
        U.S.C. 7651k note) of Public Law 101-549 (commonly referred to 
        as the ``Clean Air Act Amendments of 1990'').

SEC. 403. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS PURCHASING 
              REQUIREMENT.

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

SEC. 404. REPEAL OF ETHANOL MANDATES.

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

                        TITLE V--REFINERY REFORM

SEC. 501. REFINERY PERMITTING PROCESS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Expansion.--The term ``expansion'' means a physical 
        change that results in an increase in the capacity of a 
        refinery.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Permit.--The term ``permit'' means any permit, license, 
        approval, variance, or other form of authorization that a 
        refiner is required to obtain--
                    (A) under any Federal law; or
                    (B) from a State or Indian tribal government agency 
                delegated authority by the Federal Government, or 
                authorized under Federal law, to issue permits.
            (5) Refiner.--The term ``refiner'' means a person that--
                    (A) owns or operates a refinery; or
                    (B) seeks to become an owner or operator of a 
                refinery.
            (6) Refinery.--
                    (A) In general.--The term ``refinery'' means--
                            (i) a facility at which crude oil is 
                        refined into transportation fuel or other 
                        petroleum products; and
                            (ii) a coal liquification or coal-to-liquid 
                        facility at which coal is processed into 
                        synthetic crude oil or any other fuel.
                    (B) Inclusions.--The term ``refinery'' includes an 
                expansion of a refinery.
            (7) Refinery permitting agreement.--The term ``refinery 
        permitting agreement'' means an agreement entered into between 
        the Administrator and a State or Indian tribe under subsection 
        (b).
            (8) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
    (b) Streamlining of Refinery Permitting Process.--
            (1) In general.--At the request of the Governor of a State 
        or the governing body of an Indian tribe, the Administrator 
        shall enter into a refinery permitting agreement with the State 
        or Indian tribe under which the process for obtaining all 
        permits necessary for the construction and operation of a 
        refinery shall be streamlined using a systematic 
        interdisciplinary multimedia approach as provided in this 
        section.
            (2) Authority of administrator.--Under a refinery 
        permitting agreement the Administrator shall have authority, as 
        applicable and necessary, to--
                    (A) accept from a refiner a consolidated 
                application for all permits that the refiner is 
                required to obtain to construct and operate a refinery;
                    (B) in consultation and cooperation with each 
                Federal, State, or Indian tribal government agency that 
                is required to make any determination to authorize the 
                issuance of a permit, establish a schedule under which 
                each agency shall--
                            (i) concurrently consider, to the maximum 
                        extent practicable, each determination to be 
                        made; and
                            (ii) complete each step in the permitting 
                        process; and
                    (C) issue a consolidated permit that combines all 
                permits issued under the schedule established under 
                subparagraph (B).
            (3) Agreement by the state.--Under a refinery permitting 
        agreement, a State or governing body of an Indian tribe shall 
        agree that--
                    (A) the Administrator shall have each of the 
                authorities described in paragraph (2); and
                    (B) each State or Indian tribal government agency 
                shall--
                            (i) in accordance with State law, make such 
                        structural and operational changes in the 
                        agencies as are necessary to enable the 
                        agencies to carry out consolidated project-wide 
                        permit reviews concurrently and in coordination 
                        with the Environmental Protection Agency and 
                        other Federal agencies; and
                            (ii) comply, to the maximum extent 
                        practicable, with the applicable schedule 
                        established under paragraph (2)(B).
            (4) Deadlines.--
                    (A) New refineries.--In the case of a consolidated 
                permit for the construction of a new refinery, the 
                Administrator and the State or governing body of an 
                Indian tribe shall approve or disapprove the 
                consolidated permit not later than--
                            (i) 365 days after the date of the receipt 
                        of the administratively complete application 
                        for the consolidated permit; or
                            (ii) on agreement of the applicant, the 
                        Administrator, and the State or governing body 
                        of the Indian tribe, 90 days after the 
                        expiration of the deadline established under 
                        clause (i).
                    (B) Expansion of existing refineries.--In the case 
                of a consolidated permit for the expansion of an 
                existing refinery, the Administrator and the State or 
                governing body of an Indian tribe shall approve or 
                disapprove the consolidated permit not later than--
                            (i) 120 days after the date of the receipt 
                        of the administratively complete application 
                        for the consolidated permit; or
                            (ii) on agreement of the applicant, the 
                        Administrator, and the State or governing body 
                        of the Indian tribe, 30 days after the 
                        expiration of the deadline established under 
                        clause (i).
            (5) Federal agencies.--Each Federal agency that is required 
        to make any determination to authorize the issuance of a permit 
        shall comply with the applicable schedule established under 
        paragraph (2)(B).
            (6) Judicial review.--Any civil action for review of any 
        permit determination under a refinery permitting agreement 
        shall be brought exclusively in the United States district 
        court for the district in which the refinery is located or 
        proposed to be located.
            (7) Efficient permit review.--In order to reduce the 
        duplication of procedures, the Administrator shall use State 
        permitting and monitoring procedures to satisfy substantially 
        equivalent Federal requirements under this title.
            (8) Severability.--If 1 or more permits that are required 
        for the construction or operation of a refinery are not 
        approved on or before any deadline established under paragraph 
        (4), the Administrator may issue a consolidated permit that 
        combines all other permits that the refiner is required to 
        obtain other than any permits that are not approved.
            (9) Savings.--Nothing in this subsection affects the 
        operation or implementation of otherwise applicable law 
        regarding permits necessary for the construction and operation 
        of a refinery.
            (10) Consultation with local governments.--Congress directs 
        the Administrator, States, and tribal governments to consult, 
        to the maximum extent practicable, with local governments in 
        carrying out this subsection.
            (11) Effect on local authority.--Nothing in this subsection 
        affects--
                    (A) the authority of a local government with 
                respect to the issuance of permits; or
                    (B) any requirement or ordinance of a local 
                government (such as a zoning regulation).
    (c) Fischer-Tropsch Fuels.--
            (1) In general.--In cooperation with the Secretary of 
        Energy, the Secretary of Defense, the Administrator of the 
        Federal Aviation Administration, Secretary of Health and Human 
        Services, and Fischer-Tropsch industry representatives, the 
        Administrator shall--
                    (A) conduct a research and demonstration program to 
                evaluate the air quality benefits of Fischer-Tropsch 
                transportation fuel, including diesel and jet fuel;
                    (B) evaluate the use of Fischer-Tropsch 
                transportation fuel as a mechanism for reducing engine 
                exhaust emissions; and
                    (C) submit recommendations to Congress on the most 
                effective use and associated benefits of these fuels 
                for reducing public exposure to exhaust emissions.
            (2) Guidance and technical support.--The Administrator 
        shall, to the extent necessary, issue any guidance or technical 
        support documents that would facilitate the effective use and 
        associated benefit of Fischer-Tropsch fuel and blends.
            (3) Requirements.--The program described in paragraph (1) 
        shall consider--
                    (A) the use of neat (100 percent) Fischer-Tropsch 
                fuel and blends with conventional crude oil-derived 
                fuel for heavy-duty and light-duty diesel engines and 
                the aviation sector; and
                    (B) the production costs associated with domestic 
                production of fuel and prices for consumers.
            (4) Reports.--The Administrator shall submit to the 
        Committee on Environment and Public Works and the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Energy and Commerce and the Committee on Natural Resources of 
        the House of Representatives--
                    (A) not later than 1 year after the date of 
                enactment of this Act, an interim report on actions 
                taken to carry out this subsection; and
                    (B) not later than 2 years after the date of 
                enactment of this Act, a final report on actions taken 
                to carry out this subsection.

SEC. 502. EXISTING REFINERY PERMIT APPLICATION DEADLINE.

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

                TITLE VI--REPEAL OF ENERGY TAX SUBSIDIES

SEC. 600. AMENDMENT OF 1986 CODE.

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

SEC. 601. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE 
              FUEL MIXTURES.

    (a) In General.--Section 6426 is repealed.
    (b) Conforming Amendments.--
            (1) Subparagraph (D) of section 6427(e)(6) is amended by 
        striking ``September 30, 2014'' and inserting ``September 30, 
        2012''.
            (2) Paragraph (1) of section 4101(a) is amended by striking 
        ``or alcohol (as defined in section 6426(b)(4)(A)''.
            (3) Paragraph (2) of section 4104(a) is amended by striking 
        ``6426, or 6427(e)''.
            (4) Subparagraph (E) of section 7704(d)(1) is amended--
                    (A) by inserting ``(as in effect on the day before 
                the date of the enactment of the Energy Exploration and 
                Production to Achieve National Demand Act)'' after ``of 
                section 6426'', and
                    (B) by inserting ``(as so in effect)'' after 
                ``section 6426(b)(4)(A)''.
            (5) Paragraph (1) of section 9503(b) is amended by striking 
        the second sentence.
    (c) Clerical Amendment.--The table of sections for subchapter B of 
chapter 65 is amended by striking the item relating to section 6426.
    (d) Effective.--The amendments made by this section shall apply 
with respect to fuel sold and used after December 31, 2012.

SEC. 602. REPEAL OF CREDIT FOR CERTAIN PLUG-IN ELECTRIC VEHICLES.

    (a) In General.--Section 30 is repealed.
    (b) Conforming Amendments.--
            (1) Paragraph (3) of section 24(b) is amended by striking 
        ``, 30''.
            (2) Clause (ii) of section 25(e)(1)(C) is amended by 
        striking ``, 30''.
            (3) Paragraph (2) of section 25B(g) is amended by striking 
        ``, 30''.
            (4) Paragraph (1) of section 26(a) is amended by striking 
        ``, 30''.
            (5) Subclause (VI) of section 48C(c)(1)(A)(i) is amended by 
        inserting ``(as in effect on the day before the date of the 
        enactment of the Energy Exploration and Production to Achieve 
        National Demand Act)'' after ``section 30(d)''.
            (6) Paragraph (3) of section 179A(c) is amended by 
        inserting ``(as in effect on the day before the date of the 
        enactment of the Energy Freedom and Economic Prosperity Act)'' 
        after section ``30(c)''.
            (7) Subsection (a) of section 1016 is amended by striking 
        paragraph (25) and by redesignating paragraphs (26) through 
        (37) as paragraphs (25) through (36), respectively.
            (8) Subsection (m) of section 6501 is amended by striking 
        ``30(e)(6)''.
    (c) Clerical Amendment.--The table of sections for subpart B of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 30.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2011.

SEC. 603. EARLY TERMINATION OF CREDIT FOR QUALIFIED FUEL CELL MOTOR 
              VEHICLES.

    (a) In General.--Section 30B is repealed.
    (b) Conforming Amendments.--
            (1) Subparagraph (A) of section 24(b)(3) is amended by 
        striking ``, 30B''.
            (2) Clause (ii) of section 25(e)(1)(C) is amended by 
        striking ``, 30B''.
            (3) Paragraph (2) of section 25B(g) is amended by striking 
        ``, 30B,''.
            (4) Paragraph (1) of section 26(a) is amended by striking 
        ``, 30B''.
            (5) Subsection (b) of section 38 is amended by striking 
        paragraph (25).
            (6) Subsection (a) of section 1016, as amended by section 
        602 of this Act, is amended by striking paragraph (33) and by 
        redesignating paragraphs (34), (35), and (36) as paragraphs 
        (33), (34), and (35), respectively.
            (7) Paragraph (2) of section 1400C(d) is amended by 
        striking ``, 30B''.
            (8) Subsection (m) of section 6501 is amended by striking 
        ``, 30B(h)(9)''.
    (c) Clerical Amendment.--The table of sections for subpart B of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 30B.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2012.

SEC. 604. REPEAL OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT.

    (a) In General.--Section 30C is repealed.
    (b) Conforming Amendments.--
            (1) Subsection (b) of section 38 is amended by striking 
        paragraph (26).
            (2) Paragraph (3) of section 55(c) is amended by striking 
        ``, 30C(d)(2),''.
            (3) Subsection (a) of section 1016, as amended by sections 
        602 and 603 of this Act, is amended by striking paragraph (33) 
        and by redesignating paragraph (34) and (35) as paragraphs (33) 
        and (34), respectively.
            (4) Subsection (m) of section 6501 is amended by striking 
        ``, 30C(e)(5)''.
    (c) Clerical Amendment.--The table of sections for subpart B of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 30C.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2012.

SEC. 605. REPEAL OF CREDIT FOR ALCOHOL USED AS FUEL.

    (a) In General.--Section 40 is repealed.
    (b) Conforming Amendments.--
            (1) Subsection (b) of section 38 is amended by striking 
        paragraph (3).
            (2) Subsection (c) of section 196 is amended by striking 
        paragraph (3) and by redesignating paragraphs (4) through (14) 
        as paragraphs (3) through (13), respectively.
            (3) Paragraph (1) of section 4101(a) is amended by striking 
        ``, and every person producing cellulosic biofuel (as defined 
        in section 40(b)(6)(E))''.
            (4) Paragraph (1) of section 4104(a) is amended by striking 
        ``, 40''.
    (c) Effective Date.--The amendments made by this section shall 
apply to fuel sold or used after December 31, 2012.

SEC. 606. REPEAL OF CREDIT FOR BIODIESEL AND RENEWABLE DIESEL USED AS 
              FUEL.

    (a) In General.--Section 40A is repealed.
    (b) Conforming Amendment.--
            (1) Subsection (b) of section 38 is amended by striking 
        paragraph (17).
            (2) Section 87 is repealed.
            (3) Subsection (c) of section 196, as amended by section 
        605 of this Act, is amended by striking paragraph (11) and by 
        redesignating paragraphs (11), (12), and (13) as paragraphs 
        (10), (11), and (12), respectively.
            (4) Paragraph (1) of section 4101(a) is amended by striking 
        ``, every person producing or importing biodiesel (as defined 
        in section 40A(d)(1)''.
            (5) Paragraph (1) of section 4104(a) is amended by striking 
        ``, and 40A''.
            (6) Subparagraph (E) of section 7704(d)(1) is amended by 
        inserting ``(as so in effect)'' after ``section 40A(d)(1)''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 40A.
    (d) Effective Date.--The amendments made by this section shall 
apply to fuel produced, and sold or used, after December 31, 2011.

SEC. 607. REPEAL OF ENHANCED OIL RECOVERY CREDIT.

    (a) In General.--Section 43 is repealed.
    (b) Conforming Amendments.--
            (1) Subsection (b) of section 38 is amended by striking 
        paragraph (6).
            (2) Paragraph (4) of section 45Q(d) is amended by inserting 
        ``(as in effect on the day before the date of the enactment of 
        the Energy Exploration and Production to Achieve National 
        Demand Act)'' after ``section 43(c)(2)''.
            (3) Subsection (c) of section 196, as amended by sections 
        605 and 606 of this Act, is amended by striking paragraph (5) 
        and by redesignating paragraphs (6) through (12) as paragraphs 
        (5) through (11), respectively.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 43.
    (d) Effective Date.--The amendments made by this section shall 
apply to costs paid or incurred in taxable years beginning after 
December 31, 2012.

SEC. 608. TERMINATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN 
              RENEWABLE RESOURCES.

    (a) In General.--Subsection (d) of section 45 is amended--
            (1) by striking ``2013'' in paragraph (1) and inserting 
        ``2012'', and
            (2) by striking ``2014'' each place it appears in 
        paragraphs (2), (3), (4), (6), (7), (9), and (11) and inserting 
        ``2012''.
    (b) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2012.

SEC. 609. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL 
              WELLS.

    (a) In General.--Section 45I is repealed.
    (b) Conforming Amendment.--Subsection (b) of section 38 is amended 
by striking paragraph (19).
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 45I.
    (d) Effective Date.--The amendments made by this section shall 
apply to production in taxable years beginning after December 31, 2012.

SEC. 610. TERMINATION OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR 
              POWER FACILITIES.

    (a) In General.--Subparagraph (B) of section 45J(d)(1) is amended 
by striking ``January 1, 2021'' and inserting ``January 1, 2013''.
    (b) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2012.

SEC. 611. REPEAL OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION.

    (a) In General.--Section 45Q is repealed.
    (b) Effective Date.--The amendment made by this section shall apply 
to carbon dioxide captured after December 31, 2012.

SEC. 612. TERMINATION OF ENERGY CREDIT.

    (a) In General.--Section 48 is amended--
            (1) by striking ``January 1, 2017'' each place it appears 
        and inserting ``January 1, 2013'',
            (2) by striking ``December 31, 2016'' each place it appears 
        and inserting ``December 31, 2012'', and
            (3) by striking ``2012, or 2013'' in subsection 
        (a)(5)(C)(ii) and inserting ``or 2012''.
    (b) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2012.

SEC. 613. REPEAL OF QUALIFYING ADVANCED COAL PROJECT.

    (a) In General.--Section 48A is repealed.
    (b) Conforming Amendment.--Section 46 is amended by striking 
paragraph (3) and by redesignating paragraphs (4), (5), and (6) as 
paragraphs (3), (4), and (5), respectively.
    (c) Clerical Amendment.--The table of sections for subpart E of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 48A.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2012.

SEC. 614. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT.

    (a) In General.--Section 48B is repealed.
    (b) Conforming Amendment.--Section 46, as amended by section 613, 
is amended by striking paragraph (3) and by redesignating paragraphs 
(4) and (5) as paragraphs (3) and (4), respectively.
    (c) Clerical Amendment.--The table of sections for subpart E of 
part IV of subchapter A of chapter 1 is amended by striking the item 
relating to section 48B.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2012.

SEC. 615. REPEAL OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 
              ENERGY GRANT PROGRAM.

    (a) In General.--Section 1603 of division B of the American 
Recovery and Reinvestment Act of 2009 is repealed.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2011.

                      TITLE VII--REGULATORY RELIEF

SEC. 701. LEGISLATIVE STAY.

    (a) Establishment of Standards.--In place of the rules specified in 
subsection (b), and notwithstanding the date by which such rules would 
otherwise be required to be promulgated, the Administrator of the 
Environmental Protection Agency (in this title referred to as the 
``Administrator'') shall--
            (1) propose regulations for industrial, commercial, and 
        institutional boilers and process heaters, and commercial and 
        industrial solid waste incinerator units, subject to any of the 
        rules specified in subsection (b)--
                    (A) establishing maximum achievable control 
                technology standards, performance standards, and other 
                requirements under sections 112 and 129, as applicable, 
                of the Clean Air Act (42 U.S.C. 7412, 7429); and
                    (B) identifying non-hazardous secondary materials 
                that, when used as fuels or ingredients in combustion 
                units of such boilers, process heaters, or incinerator 
                units are solid waste under the Solid Waste Disposal 
                Act (42 U.S.C. 6901 et seq.; commonly referred to as 
                the ``Resource Conservation and Recovery Act'') for 
                purposes of determining the extent to which such 
                combustion units are required to meet the emissions 
                standards under section 112 of the Clean Air Act (42 
                U.S.C. 7412) or the emission standards under section 
                129 of such Act (42 U.S.C. 7429); and
            (2) finalize the regulations on the date that is 15 months 
        after the date of the enactment of this Act.
    (b) Stay of Earlier Rules.--The following rules are of no force or 
effect, shall be treated as though such rules had never taken effect, 
and shall be replaced as described in subsection (a):
            (1) ``National Emission Standards for Hazardous Air 
        Pollutants for Major Sources: Industrial, Commercial, and 
        Institutional Boilers and Process Heaters'', published at 76 
        Fed. Reg. 15608 (March 21, 2011).
            (2) ``National Emission Standards for Hazardous Air 
        Pollutants for Area Sources: Industrial, Commercial, and 
        Institutional Boilers'', published at 76 Fed. Reg. 15554 (March 
        21, 2011).
            (3) ``Standards of Performance for New Stationary Sources 
        and Emission Guidelines for Existing Sources: Commercial and 
        Industrial Solid Waste Incineration Units'', published at 76 
        Fed. Reg. 15704 (March 21, 2011).
            (4) ``Identification of Non-Hazardous Secondary Materials 
        That Are Solid Waste'', published at 76 Fed. Reg. 15456 (March 
        21, 2011).
    (c) Inapplicability of Certain Provisions.--With respect to any 
standard required by subsection (a) to be promulgated in regulations 
under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions 
of subsections (g)(2) and (j) of such section 112 shall not apply prior 
to the effective date of the standard specified in such regulations.

SEC. 702. COMPLIANCE DATES.

    (a) Establishment of Compliance Dates.--For each regulation 
promulgated pursuant to section 701, the Administrator--
            (1) shall establish a date for compliance with standards 
        and requirements under such regulation that is, notwithstanding 
        any other provision of law, not earlier than 5 years after the 
        effective date of the regulation; and
            (2) in proposing a date for such compliance, shall take 
        into consideration--
                    (A) the costs of achieving emissions reductions;
                    (B) any non-air quality health and environmental 
                impact and energy requirements of the standards and 
                requirements;
                    (C) the feasibility of implementing the standards 
                and requirements, including the time needed to--
                            (i) obtain necessary permit approvals; and
                            (ii) procure, install, and test control 
                        equipment;
                    (D) the availability of equipment, suppliers, and 
                labor, given the requirements of the regulation and 
                other proposed or finalized regulations of the 
                Environmental Protection Agency; and
                    (E) potential net employment impacts.
    (b) New Sources.--The date on which the Administrator proposes a 
regulation pursuant to section 701(a)(1) establishing an emission 
standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 
7429) shall be treated as the date on which the Administrator first 
proposes such a regulation for purposes of applying the definition of a 
new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4)) 
or the definition of a new solid waste incineration unit under section 
129(g)(2) of such Act (42 U.S.C. 7429(g)(2)).
    (c) Rule of Construction.--Nothing in this title shall be construed 
to restrict or otherwise affect the provisions of paragraphs (3)(B) and 
(4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)).

SEC. 703. ENERGY RECOVERY AND CONSERVATION.

    Notwithstanding any other provision of law, and to ensure the 
recovery and conservation of energy consistent with the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the 
``Resource Conservation and Recovery Act''), in promulgating rules 
under section 701(a) addressing the subject matter of the rules 
specified in paragraphs (3) and (4) of section 701(b), the 
Administrator--
            (1) shall adopt the definitions of the terms ``commercial 
        and industrial solid waste incineration unit'', ``commercial 
        and industrial waste'', and ``contained gaseous material'' in 
        the rule entitled ``Standards of Performance for New Stationary 
        Sources and Emission Guidelines for Existing Sources: 
        Commercial and Industrial Solid Waste Incineration Units'', 
        published at 65 Fed. Reg. 75338 (December 1, 2000); and
            (2) shall identify non-hazardous secondary material to be 
        solid waste only if--
                    (A) the material meets such definition of 
                commercial and industrial waste; or
                    (B) if the material is a gas, it meets such 
                definition of contained gaseous material.

SEC. 704. OTHER PROVISIONS.

    (a) Establishment of Standards Achievable in Practice.--In 
promulgating rules under section 701(a), the Administrator shall ensure 
that emissions standards for existing and new sources established under 
section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as 
applicable, can be met under actual operating conditions consistently 
and concurrently with emission standards for all other air pollutants 
regulated by the rule for the source category, taking into account 
variability in actual source performance, source design, fuels, inputs, 
controls, ability to measure the pollutant emissions, and operating 
conditions.
    (b) Regulatory Alternatives.--For each regulation promulgated 
pursuant to section 701(a), from among the range of regulatory 
alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et 
seq.) including work practice standards under section 112(h) of such 
Act (42 U.S.C. 7412(h)), the Administrator shall impose the least 
burdensome, consistent with the purposes of such Act and Executive 
Order No. 13563 published at 76 Fed. Reg. 3821 (January 21, 2011).
    (c) Deduction for Capital Expenditures Relating to Energy 
Property.--
            (1) In general.--
                    (A) In general.--Part VI of subchapter B of chapter 
                1 is amended by inserting after section 179E the 
                following new section:

``SEC. 179F. ELECTION TO EXPENSE PROPERTY USED IN THE PRODUCTION OF 
              ENERGY.

    ``(a) Treatment as Expenses.--A taxpayer may elect to treat the 
cost of any property used in the production of energy as an expense 
which is not chargeable to capital account. Any cost so treated shall 
be allowed as a deduction for the taxable year in which the property is 
placed in service.
    ``(b) Election.--
            ``(1) In general.--An election under this section for any 
        taxable year shall be made on the taxpayer's return of the tax 
        imposed by this chapter for the taxable year. Such election 
        shall specify the property to which the election applies and 
        shall be made in such manner as the Secretary may by 
        regulations prescribe.
            ``(2) Election irrevocable.--Any election made under this 
        section may not be revoked except with the consent of the 
        Secretary.
    ``(c) Property Used in the Production of Energy.--For purposes of 
this section, the term `property used in the production of energy' 
means property--
            ``(1) used in the production of energy,
            ``(2) the original use of which commences with the 
        taxpayer, and
            ``(3) which is placed in service by the taxpayer after the 
        date of the enactment of this section.
    ``(d) Coordination.--No expenditures shall be taken into account 
under subsection (a) with respect to the portion of the cost of any 
property taken into account in determining a credit or deduction under 
any other section of this chapter.
    ``(e) Basis Reduction.--For purposes of this subtitle, if a 
deduction is allowed under this section with respect to any property, 
the basis of such property shall be reduced by the amount of the 
deduction so allowed.
    ``(f) Reporting.--No deduction shall be allowed under subsection 
(a) to any taxpayer for any taxable year unless such taxpayer files 
with the Secretary a report containing such information with respect to 
the operation of the mines of the taxpayer as the Secretary shall 
require.''.
                    (B) Section 1016(a) is amended by striking ``and'' 
                at the end of paragraph (36), by striking the period at 
                the end of paragraph (37) and inserting ``, and'', and 
                by adding at the end the following new paragraph:
            ``(38) to the extent provided in section 179F(e).''.
                    (C) Section 263(a)(1) of the Internal Revenue Code 
                of 1986 (relating to capital expenditures) is amended 
                by striking ``or'' at the end of subparagraph (K), by 
                striking the period at the end of paragraph (L) and 
                inserting ``, or'', and by adding at the end the 
                following new subparagraph:
                    ``(M) expenditures for which a deduction is allowed 
                under section 179F.''.
                    (D) Section 1245(a) of such Code is amended by 
                inserting ``179F,'' after ``179E,'' both places it 
                appears in paragraphs (2)(C) and (3)(C).
                    (E) The table of sections for part VI of subchapter 
                B of chapter 1 of such Code is amended by inserting 
                after the item relating to section 179E the following 
                new item:

``Sec. 179F. Election to expense property used in the production of 
                            energy.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to taxable years beginning after December 31, 2012.

SEC. 705. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

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

``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

    ``(a) State Permit Programs for Coal Combustion Residuals.--Each 
State may adopt and implement a coal combustion residuals permit 
program.
    ``(b) State Actions.--
            ``(1) Notification.--Not later than 6 months after the date 
        of enactment of this section (except as provided by the 
        deadline identified under subsection (d)(2)(B)), the Governor 
        of each State shall notify the Administrator, in writing, 
        whether such State will adopt and implement a coal combustion 
        residuals permit program.
            ``(2) Certification.--
                    ``(A) In general.--Not later than 36 months after 
                the date of enactment of this section (except as 
                provided in subsections (f)(1)(A) and (f)(1)(C)), in 
                the case of a State that has notified the Administrator 
                that it will implement a coal combustion residuals 
                permit program, the head of the lead State agency 
                responsible for implementing the coal combustion 
                residuals permit program shall submit to the 
                Administrator a certification that such coal combustion 
                residuals permit program meets the specifications 
                described in subsection (c)(1).
                    ``(B) Contents.--A certification submitted under 
                this paragraph shall include--
                            ``(i) a letter identifying the lead State 
                        agency responsible for implementing the coal 
                        combustion residuals permit program, signed by 
                        the head of such agency;
                            ``(ii) identification of any other State 
                        agencies involved with the implementation of 
                        the coal combustion residuals permit program;
                            ``(iii) a narrative description that 
                        provides an explanation of how the State will 
                        ensure that the coal combustion residuals 
                        permit program meets the requirements of this 
                        section, including a description of the 
                        State's--
                                    ``(I) process to inspect or 
                                otherwise determine compliance with 
                                such permit program;
                                    ``(II) process to enforce the 
                                requirements of such permit program; 
                                and
                                    ``(III) public participation 
                                process for the promulgation, 
                                amendment, or repeal of regulations 
                                for, and the issuance of permits under, 
                                such permit program;
                            ``(iv) a legal certification that the State 
                        has, at the time of certification, fully 
                        effective statutes or regulations necessary to 
                        implement a coal combustion residuals permit 
                        program that meets the specifications described 
                        in subsection (c)(1); and
                            ``(v) copies of State statutes and 
                        regulations described in clause (iv).
            ``(3) Maintenance of 4005(c) or 3006 program.--In order to 
        adopt or implement a coal combustion residuals permit program 
        under this section (including pursuant to subsection (f)), the 
        State agency responsible for implementing a coal combustion 
        residuals permit program in a State shall maintain an approved 
        program under section 4005(c) or an authorized program under 
        section 3006.
    ``(c) Permit Program Specifications.--
            ``(1) Minimum requirements.--The specifications described 
        in this subsection for a coal combustion residuals permit 
        program are as follows:
                    ``(A) The revised criteria described in paragraph 
                (2) shall apply to a coal combustion residuals permit 
                program, except as provided in paragraph (3).
                    ``(B) Each structure shall be, in accordance with 
                generally accepted engineering standards for the 
                structural integrity of such structures, designed, 
                constructed, and maintained to provide for containment 
                of the maximum volumes of coal combustion residuals 
                appropriate for the structure. If a structure is 
                determined by the head of the agency responsible for 
                implementing the coal combustion residuals permit 
                program to be deficient, the head of such agency has 
                authority to require action to correct the deficiency 
                according to a schedule determined by such agency. If 
                the identified deficiency is not corrected according to 
                such schedule, the head of such agency has authority to 
                require that the structure close in accordance with 
                subsection (h).
                    ``(C) The coal combustion residuals permit program 
                shall apply the revised criteria promulgated pursuant 
                to section 4010(c) for location, design, groundwater 
                monitoring, corrective action, financial assurance, 
                closure, and post-closure described in paragraph (2) 
                and the specifications described in this paragraph to 
                surface impoundments.
                    ``(D) If a structure that is classified as posing a 
                high hazard potential pursuant to the guidelines 
                published by the Federal Emergency Management Agency 
                entitled `Federal Guidelines for Dam Safety: Hazard 
                Potential Classification System for Dams' (FEMA 
                Publication Number 333) is determined by the head of 
                the agency responsible for implementing the coal 
                combustion residuals permit program to be deficient 
                with respect to the structural integrity requirement in 
                subparagraph (B), the head of such agency has authority 
                to require action to correct the deficiency according 
                to a schedule determined by such agency. If the 
                identified deficiency is not corrected according to 
                such schedule, the head of such agency has authority to 
                require that the structure close in accordance with 
                subsection (h).
                    ``(E) New structures that first receive coal 
                combustion residuals after the date of enactment of 
                this section shall be constructed with a base located a 
                minimum of two feet above the upper limit of the 
                natural water table.
                    ``(F) In the case of a coal combustion residuals 
                permit program implemented by a State, the State has 
                the authority to inspect structures and implement and 
                enforce such permit program.
                    ``(G) In the case of a coal combustion residuals 
                permit program implemented by a State, the State has 
                the authority to address wind dispersal of dust from 
                coal combustion residuals by requiring dust control 
                measures, as determined appropriate by the head of the 
                lead State agency responsible for implementing the coal 
                combustion residuals permit program.
            ``(2) Revised criteria.--The revised criteria described in 
        this paragraph are--
                    ``(A) the revised criteria for design, groundwater 
                monitoring, corrective action, closure, and post-
                closure, for structures, including--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals after the 
                        date of enactment of this section, the revised 
                        criteria regarding design requirements 
                        described in section 258.40 of title 40, Code 
                        of Federal Regulations; and
                            ``(ii) for all structures that receive coal 
                        combustion residuals after the date of 
                        enactment of this section, the revised criteria 
                        regarding groundwater monitoring and corrective 
                        action requirements described in subpart E of 
                        part 258 of title 40, Code of Federal 
                        Regulations, except that, for the purposes of 
                        this paragraph, such revised criteria shall 
                        also include--
                                    ``(I) for the purposes of detection 
                                monitoring, the constituents boron, 
                                chloride, conductivity, fluoride, 
                                mercury, pH, sulfate, sulfide, and 
                                total dissolved solids; and
                                    ``(II) for the purposes of 
                                assessment monitoring, the constituents 
                                aluminum, boron, chloride, fluoride, 
                                iron, manganese, molybdenum, pH, 
                                sulfate, and total dissolved solids;
                    ``(B) the revised criteria for location 
                restrictions described in--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals after the 
                        date of enactment of this section, sections 
                        258.11 through 258.15 of title 40, Code of 
                        Federal Regulations; and
                            ``(ii) for existing structures that receive 
                        coal combustion residuals after the date of 
                        enactment of this section, sections 258.11 and 
                        258.15 of title 40, Code of Federal 
                        Regulations;
                    ``(C) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for air quality 
                described in section 258.24 of title 40, Code of 
                Federal Regulations;
                    ``(D) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for financial 
                assurance described in subpart G of part 258 of title 
                40, Code of Federal Regulations;
                    ``(E) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for surface water 
                described in section 258.27 of title 40, Code of 
                Federal Regulations;
                    ``(F) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for recordkeeping 
                described in section 258.29 of title 40, Code of 
                Federal Regulations;
                    ``(G) for landfills and other land-based units, 
                other than surface impoundments, that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for run-on and run-
                off control systems described in section 258.26 of 
                title 40, Code of Federal Regulations; and
                    ``(H) for surface impoundments that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for run-off control 
                systems described in section 258.26(a)(2) of title 40, 
                Code of Federal Regulations.
            ``(3) Applicability of certain requirements.--A State may 
        determine that one or more of the requirements of the revised 
        criteria described in paragraph (2) is not needed for the 
        management of coal combustion residuals in that State, and may 
        decline to apply such requirement as part of its coal 
        combustion residuals permit program. If a State declines to 
        apply a requirement under this paragraph, the State shall 
        include in the certification under subsection (b)(2) a 
        description of such requirement and the reasons such 
        requirement is not needed in the State. If the Administrator 
        determines that a State determination under this paragraph does 
        not accurately reflect the needs for the management of coal 
        combustion residuals in the State, the Administrator may treat 
        such State determination as a deficiency under subsection (d).
    ``(d) Written Notice and Opportunity to Remedy.--
            ``(1) In general.--The Administrator shall provide to a 
        State written notice and an opportunity to remedy deficiencies 
        in accordance with paragraph (2) if at any time the State--
                    ``(A) does not satisfy the notification requirement 
                under subsection (b)(1);
                    ``(B) has not submitted a certification under 
                subsection (b)(2);
                    ``(C) does not satisfy the maintenance requirement 
                under subsection (b)(3); or
                    ``(D) is not implementing a coal combustion 
                residuals permit program that meets the specifications 
                described in subsection (c)(1).
            ``(2) Contents of notice; deadline for response.--A notice 
        provided under this subsection shall--
                    ``(A) include findings of the Administrator 
                detailing any applicable deficiencies in--
                            ``(i) compliance by the State with the 
                        notification requirement under subsection 
                        (b)(1);
                            ``(ii) compliance by the State with the 
                        certification requirement under subsection 
                        (b)(2);
                            ``(iii) compliance by the State with the 
                        maintenance requirement under subsection 
                        (b)(3); and
                            ``(iv) the State coal combustion residuals 
                        permit program in meeting the specifications 
                        described in subsection (c)(1); and
                    ``(B) identify, in collaboration with the State, a 
                reasonable deadline, which shall be not sooner than 6 
                months after the State receives the notice, by which 
                the State shall remedy the deficiencies detailed under 
                subparagraph (A).
    ``(e) Implementation by Administrator.--
            ``(1) In general.--The Administrator shall implement a coal 
        combustion residuals permit program for a State only in the 
        following circumstances:
                    ``(A) If the Governor of such State notifies the 
                Administrator under subsection (b)(1) that such State 
                will not adopt and implement such a permit program.
                    ``(B) If such State has received a notice under 
                subsection (d) and, after any review brought by the 
                State under section 7006, fails, by the deadline 
                identified in such notice under subsection (d)(2)(B), 
                to remedy the deficiencies detailed in such notice 
                under subsection (d)(2)(A).
                    ``(C) If such State informs the Administrator, in 
                writing, that such State will no longer implement such 
                a permit program.
            ``(2) Requirements.--If the Administrator implements a coal 
        combustion residuals permit program for a State under paragraph 
        (1), such permit program shall consist of the specifications 
        described in subsection (c)(1).
            ``(3) Enforcement.--If the Administrator implements a coal 
        combustion residuals permit program for a State under paragraph 
        (1), the authorities referred to in section 4005(c)(2)(A) shall 
        apply with respect to coal combustion residuals and structures 
        and the Administrator may use such authorities to inspect, 
        gather information, and enforce the requirements of this 
        section in the State.
    ``(f) State Control After Implementation by Administrator.--
            ``(1) State control.--
                    ``(A) New adoption and implementation by state.--
                For a State for which the Administrator is implementing 
                a coal combustion residuals permit program under 
                subsection (e)(1)(A), the State may adopt and implement 
                such a permit program by--
                            ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program;
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                            ``(iii) receiving from the Administrator--
                                    ``(I) a determination that the 
                                State coal combustion residuals permit 
                                program meets the specifications 
                                described in subsection (c)(1); and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                    ``(B) Remedying deficient permit program.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(B), the State may adopt and implement 
                such a permit program by--
                            ``(i) remedying the deficiencies detailed 
                        in the notice provided under subsection 
                        (d)(2)(A); and
                            ``(ii) receiving from the Administrator--
                                    ``(I) a determination that the 
                                deficiencies detailed in such notice 
                                have been remedied; and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                    ``(C) Resumption of implementation by state.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(C), the State may adopt and implement 
                such a permit program by--
                            ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program;
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                            ``(iii) receiving from the Administrator--
                                    ``(I) a determination that the 
                                State coal combustion residuals permit 
                                program meets the specifications 
                                described in subsection (c)(1); and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
            ``(2) Review of determination.--
                    ``(A) Determination required.--The Administrator 
                shall make a determination under paragraph (1) not 
                later than 90 days after the date on which the State 
                submits a certification under paragraph (1)(A)(ii) or 
                (1)(C)(ii), or notifies the Administrator that the 
                deficiencies have been remedied pursuant to paragraph 
                (1)(B)(i), as applicable.
                    ``(B) Review.--A State may obtain a review of a 
                determination by the Administrator under paragraph (1) 
                as if such determination was a final regulation for 
                purposes of section 7006.
            ``(3) Implementation during transition.--
                    ``(A) Effect on actions and orders.--Actions taken 
                or orders issued pursuant to a coal combustion 
                residuals permit program shall remain in effect if--
                            ``(i) a State takes control of its coal 
                        combustion residuals permit program from the 
                        Administrator under paragraph (1); or
                            ``(ii) the Administrator takes control of a 
                        coal combustion residuals permit program from a 
                        State under subsection (e).
                    ``(B) Change in requirements.--Subparagraph (A) 
                shall apply to such actions and orders until such time 
                as the Administrator or the head of the lead State 
                agency responsible for implementing the coal combustion 
                residuals permit program, as applicable--
                            ``(i) implements changes to the 
                        requirements of the coal combustion residuals 
                        permit program with respect to the basis for 
                        the action or order; or
                            ``(ii) certifies the completion of a 
                        corrective action that is the subject of the 
                        action or order.
            ``(4) Single permit program.--If a State adopts and 
        implements a coal combustion residuals permit program under 
        this subsection, the Administrator shall cease to implement the 
        permit program implemented under subsection (e) for such State.
    ``(g) Effect on Determination Under 4005(c) or 3006.--The 
Administrator shall not consider the implementation of a coal 
combustion residuals permit program by the Administrator under 
subsection (e) in making a determination of approval for a permit 
program or other system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 3006.
    ``(h) Closure.--If it is determined, pursuant to a coal combustion 
residuals permit program, that a structure should close, the time 
period and method for the closure of such structure shall be set forth 
in a closure plan that establishes a deadline for completion and that 
takes into account the nature and the site-specific characteristics of 
the structure to be closed. In the case of a surface impoundment, the 
closure plan shall require, at a minimum, the removal of liquid and the 
stabilization of remaining waste, as necessary to support the final 
cover.
    ``(i) Authority.--
            ``(1) State authority.--Nothing in this section shall 
        preclude or deny any right of any State to adopt or enforce any 
        regulation or requirement respecting coal combustion residuals 
        that is more stringent or broader in scope than a regulation or 
        requirement under this section.
            ``(2) Authority of the administrator.--
                    ``(A) In general.--Except as provided in subsection 
                (e) of this section and section 6005 of this title, the 
                Administrator shall, with respect to the regulation of 
                coal combustion residuals, defer to the States pursuant 
                to this section.
                    ``(B) Imminent hazard.--Nothing in this section 
                shall be construed to affect the authority of the 
                Administrator under section 7003 with respect to coal 
                combustion residuals.
                    ``(C) Technical and enforcement assistance only 
                upon request.--Upon request from the head of a lead 
                State agency that is implementing a coal combustion 
                residuals permit program, the Administrator may provide 
                to such State agency only the technical or enforcement 
                assistance requested.
            ``(3) Citizen suits.--Nothing in this section shall be 
        construed to affect the authority of a person to commence a 
        civil action in accordance with section 7002.
    ``(j) Mine Reclamation Activities.--A coal combustion residuals 
permit program implemented under subsection (e) by the Administrator 
shall not apply to the utilization, placement, and storage of coal 
combustion residuals at surface mining and reclamation operations.
    ``(k) Definitions.--In this section:
            ``(1) Coal combustion residuals.--The term `coal combustion 
        residuals' means--
                    ``(A) the solid wastes listed in section 
                3001(b)(3)(A)(i), including recoverable materials from 
                such wastes;
                    ``(B) coal combustion wastes that are co-managed 
                with wastes produced in conjunction with the combustion 
                of coal, provided that such wastes are not segregated 
                and disposed of separately from the coal combustion 
                wastes and comprise a relatively small proportion of 
                the total wastes being disposed in the structure;
                    ``(C) fluidized bed combustion wastes;
                    ``(D) wastes from the co-burning of coal with 
                nonhazardous secondary materials provided that coal 
                makes up at least 50 percent of the total fuel burned; 
                and
                    ``(E) wastes from the co-burning of coal with 
                materials described in subparagraph (A) that are 
                recovered from monofills.
            ``(2) Coal combustion residuals permit program.--The term 
        `coal combustion residuals permit program' means a permit 
        program or other system of prior approval and conditions that 
        is adopted by or for a State for the management and disposal of 
        coal combustion residuals to the extent such activities occur 
        in structures in such State.
            ``(3) Structure.--The term `structure' means a landfill, 
        surface impoundment, or other land-based unit which may receive 
        coal combustion residuals.
            ``(4) Revised criteria.--The term `revised criteria' means 
        the criteria promulgated for municipal solid waste landfill 
        units under section 4004(a) and under section 1008(a)(3), as 
        revised under section 4010(c) in accordance with the 
        requirement of such section that the criteria protect human 
        health and the environment.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1001 of the Solid Waste Disposal Act is amended by inserting 
after the item relating to section 4010 the following:

``Sec. 4011. Management and disposal of coal combustion residuals.''.
    (c) 2000 Regulatory Determination.--Nothing in this section, or the 
amendments made by this section, shall be construed to alter in any 
manner the Environmental Protection Agency's regulatory determination 
entitled ``Notice of Regulatory Determination on Wastes from the 
Combustion of Fossil Fuels'', published at 65 Fed. Reg. 32214 (May 22, 
2000), that the fossil fuel combustion wastes addressed in that 
determination do not warrant regulation under subtitle C of the Solid 
Waste Disposal Act (42 U.S.C. 6921 et seq.).

    TITLE VIII--ATTAINMENT OF NATIONAL AMBIENT AIR QUALITY STANDARDS

SEC. 801. AIR QUALITY MONITORING AND MODELING METHODOLOGIES.

    (a) Nonattainment Designation To Be Based on Monitoring Data.--
Section 107 of the Clean Air Act (42 U.S.C. 7407) is amended by adding 
at the end the following:
    ``(f) Nonattainment Designation To Be Based on Monitoring Data.--
Any designation or redesignation of an area or portion of an area 
within a State or interstate area as a nonattainment area for a 
pollutant within the meaning of subsection (d)(1)(A)(i) shall--
            ``(1) be based on monitoring data; and
            ``(2) not take into consideration modeling data.''.
    (b) Air Quality Modeling Methodologies.--
            (1) Methodologies.--Section 110 of the Clean Air Act (42 
        U.S.C. 7410) is amended by adding at the end the following:
    ``(d) Air Quality Modeling Methodologies.--The Administrator shall, 
by regulation, set forth the air quality modeling methodologies 
required to be used for purposes of air quality modeling pursuant to 
subsection (a)(2)(K).''.
            (2) Regulations.--The Administrator of the Environmental 
        Protection Agency shall promulgate final regulations, as 
        required by section 110(d) of the Clean Air Act, as added by 
        paragraph (1), not later than one year after the date of the 
        enactment of this Act.

SEC. 802. EXTENDING COMPLIANCE FOR NAAQS ATTAINMENT FOR DOWNWIND 
              STATES.

    Section 181 of the Clean Air Act (42 U.S.C. 7511) is amended by 
adding at the end the following:
    ``(d) Extended Attainment Date for Certain Downwind Areas.--
            ``(1) Definitions.--In this subsection:
                    ``(A) The term `upwind area' means an area that--
                            ``(i) affects nonattainment in another area 
                        (in this subsection referred to as the 
                        `downwind area'); and
                            ``(ii) is either--
                                    ``(I) a nonattainment area with a 
                                later attainment date than the downwind 
                                area; or
                                    ``(II) an area in another State 
                                that the Administrator has found to be 
                                significantly contributing to 
                                nonattainment in the downwind area in 
                                violation of section 110(a)(2)(D) and 
                                for which the Administrator has 
                                established requirements through notice 
                                and comment rulemaking to reduce the 
                                emissions causing such significant 
                                contribution.
                    ``(B) The term `current classification' means the 
                classification of a downwind area under this section at 
                the time of the determination under paragraph (2).
            ``(2) Extension.--Notwithstanding subsection (b)(2), a 
        downwind area that is not in attainment within 18 months of the 
        attainment deadline required under this section may seek an 
        extension of time to come into attainment by petitioning the 
        Administrator for such an extension. If the Administrator--
                    ``(A) determines that the area is a downwind area 
                with respect to a particular national ambient air 
                quality standard for ozone;
                    ``(B) approves a plan revision for such area as 
                provided in paragraph (3) prior to a reclassification 
                under subsection (b)(2)(A); and
                    ``(C) determines that the petitioning downwind area 
                has demonstrated that it is affected by transport from 
                an upwind area to a degree that affects the area's 
                ability to attain,
        the Administrator, in lieu of such reclassification, may extend 
        the attainment date for such downwind area for such standard in 
        accordance with paragraph (5).
            ``(3) Approval.--In order to extend the attainment date for 
        a downwind area under this subsection, the Administrator may 
        approve a revision of the applicable implementation plan for 
        the downwind area for the national ambient air quality standard 
        that--
                    ``(A) complies with all requirements of this Act 
                applicable under the current classification of the 
                downwind area, including any requirements applicable to 
                the area under section 172(c) for such standard;
                    ``(B) includes any additional measures needed to 
                demonstrate attainment by the extended attainment date 
                provided under this subsection, and provides for 
                implementation of those measures as expeditiously as 
                practicable; and
                    ``(C) provides appropriate measures to ensure that 
                no area downwind of the area receiving the extended 
                attainment date will be affected by transport to a 
                degree that affects the other area's ability to attain.
            ``(4) Prior reclassification determination.--If, after 
        April 1, 2003, and prior to the time the 1-hour ozone standard 
        no longer applies to a downwind area, the Administrator made a 
        reclassification determination under subsection (b)(2)(A) for 
        such downwind area, and the Administrator approves a plan 
        consistent with subparagraphs (A) and (B) for such area, the 
        reclassification shall be withdrawn and, for purposes of 
        implementing the 8-hour ozone national ambient air quality 
        standard, the area shall be treated as if the reclassification 
        never occurred. Such plan must be submitted no later than 12 
        months following enactment of this subsection, and--
                    ``(A) the plan revision for the downwind area must 
                comply with all control and planning requirements of 
                this Act applicable under the classification that 
                applied immediately prior to reclassification, 
                including any requirements applicable to the area under 
                section 172(c) for such standard; and
                    ``(B) the plan must include any additional measures 
                needed to demonstrate attainment no later than the date 
                on which the last reductions in pollution transport 
                that have been found by the Administrator to 
                significantly contribute to nonattainment are required 
                to be achieved by the upwind area or areas.
            ``(5) Extended date.--The attainment date extended under 
        this subsection shall provide for attainment of such national 
        ambient air quality standard for ozone in the downwind area as 
        expeditiously as practicable but no later than the new date 
        that the area would have been subject to had it been 
        reclassified under subsection (b)(2).
            ``(6) Rulemaking.--Within 12 months after the enactment of 
        this subsection, the Administrator shall, after notice and 
        comment, promulgate rules to determine, for purposes of 
        paragraphs (2) and (3), when an area is affected by transport 
        to a degree that affects the area's ability to attain. The 
        purpose of such rules shall be to ensure that downwind areas 
        are not unjustly penalized.''.

       TITLE IX--SUB-BASIN REPORTING OF GREENHOUSE GAS EMISSIONS

SEC. 901. SUB-BASIN REPORTING OF GREENHOUSE GAS EMISSIONS.

    Section 114 of the Clean Air Act (42 U.S.C. 7414) is amended by 
adding at the end the following:
    ``(e) Reporting of Greenhouse Gas Emissions From Petroleum and 
Natural Gas Systems.--In requiring any owner or operator of any 
facility in the petroleum and natural gas system source category (as 
such terms are used in part 98 of title 40, Code of Federal 
Regulations, and any successor regulations) to report greenhouse gas 
emissions from facilities in such category, the Administrator shall 
allow the owner or operator, at its election--
            ``(1) to designate sub-basins consisting of similar fields 
        within a larger basin; and
            ``(2) to report such emissions from such sub-basins instead 
        of reporting such emissions from the larger basin.''.

            TITLE X--IMPLEMENTATION OF NATIONAL OCEAN POLICY

SEC. 1001. PROHIBITION ON USE OF FUNDS.

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

                       TITLE XI--OTHER PROVISIONS

SEC. 1101. ADMINISTRATIVE RECORD.

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

SEC. 1102. STATEMENT OF ENERGY EFFECTS.

    (a) Preparation.--
            (1) Requirement.--An agency shall prepare and submit a 
        Statement of Energy Effects to the Administrator of the Office 
        of Information and Regulatory Affairs of the Office of 
        Management and Budget, for each proposed significant energy 
        action.
            (2) Contents.--A Statement of Energy Effects shall consist 
        of a detailed statement by the agency responsible for the 
        significant energy action relating to--
                    (A) any adverse effects on energy supply, 
                distribution, or use (including a shortfall in supply, 
                price increases, and increased use of foreign supplies) 
                should the proposal be implemented; and
                    (B) reasonable alternatives to the action with 
                adverse energy effects, and the expected effects of 
                such alternatives on energy supply, distribution, and 
                use.
            (3) Guidance and consultation.--The Administrator of the 
        Office of Information and Regulatory Affairs shall provide 
        guidance to the agencies on the implementation of this section 
        and shall consult with other agencies as appropriate in the 
        implementation of this section.
    (b) Publication.--Agencies shall publish their Statements of Energy 
Effects, or a summary thereof, in each related notice of proposed 
rulemaking and in any resulting final rule.
    (c) Definitions.--For purposes of this subsection--
            (1) the term ``agency'' has the meaning given that term in 
        paragraph (1) of section 3502 of title 44, United States Code, 
        except that the term does not include an independent regulatory 
        agency, as defined in paragraph (5) of that section; and
            (2) the term ``significant energy action'' means any action 
        by an agency that is expected to lead to promulgation of a 
        final regulation and that--
                    (A) is likely to have a significant adverse effect 
                on the supply, distribution, or use of energy; or
                    (B) is designated by the Administrator of the 
                Office of Information and Regulatory Affairs as a 
                significant energy action.

SEC. 1103. PRIORITY-ENERGY PROJECT PERMIT DURATION.

    The approval to construct or operate a Priority Energy Project 
pursuant to any Federal permit, as applicable, shall remain valid and 
authorized for the later of--
            (1) 18 months following the date on which the last permit 
        needed by a Priority Energy Project to commence construction or 
        operation is final and no longer subject to judicial review;
            (2) 3 years; or
            (3) in the case of a nationwide permit issued by the Army 
        Corps of Engineers pursuant to part 330 of title 33, Code of 
        Federal Regulations, 5 years.

SEC. 1104. EXEMPTION FOR TAKINGS OF MIGRATORY BIRD INCIDENTAL TO ENERGY 
              DEVELOPMENT AND PRODUCTION.

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