[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1965 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 254
113th CONGRESS
  1st Session
                                H. R. 1965


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2013

                     Received; read the first time

                            December 9, 2013

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
To streamline and ensure onshore energy permitting, provide for onshore 
  leasing certainty, and give certainty to oil shale development for 
 American energy security, economic development, and job creation, and 
                          for other purposes.

    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 ``Federal Lands Jobs and Energy 
Security Act of 2013''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
            TITLE I--FEDERAL LANDS JOBS AND ENERGY SECURITY

Sec. 1001. Short title.
Sec. 1002. Policies regarding buying, building, and working for 
                            America.
          Subtitle A--Onshore Oil and Gas Permit Streamlining

Sec. 1101. Short title.
       Chapter 1--Application for Permits to Drill Process Reform

Sec. 1111. Permit to drill application timeline.
Sec. 1112. Solar and wind right-of-way rental reform.
         Chapter 2--Administrative Protest Documentation Reform

Sec. 1121. Administrative protest documentation reform.
                     Chapter 3--Permit Streamlining

Sec. 1131. Improve Federal energy permit coordination.
Sec. 1132. Administration of current law.
                       Chapter 4--Judicial Review

Sec. 1141. Definitions.
Sec. 1142. Exclusive venue for certain civil actions relating to 
                            covered energy projects.
Sec. 1143. Timely filing.
Sec. 1144. Expedition in hearing and determining the action.
Sec. 1145. Standard of review.
Sec. 1146. Limitation on injunction and prospective relief.
Sec. 1147. Limitation on attorneys' fees.
Sec. 1148. Legal standing.
           Chapter 5--Knowing America's Oil and Gas Resources

Sec. 1151. Funding oil and gas resource assessments.
               Subtitle B--Oil and Gas Leasing Certainty

Sec. 1201. Short title.
Sec. 1202. Minimum acreage requirement for onshore lease sales.
Sec. 1203. Leasing certainty.
Sec. 1204. Leasing consistency.
Sec. 1205. Reduce redundant policies.
Sec. 1206. Streamlined congressional notification.
                         Subtitle C--Oil Shale

Sec. 1301. Short title.
Sec. 1302. Effectiveness of oil shale regulations, amendments to 
                            resource management plans, and record of 
                            decision.
Sec. 1303. Oil shale leasing.
                  Subtitle D--Miscellaneous Provisions

Sec. 1401. Rule of construction.
                 TITLE II--PLANNING FOR AMERICAN ENERGY

Sec. 2001. Short title.
Sec. 2002. Onshore domestic energy production strategic plan.
         TITLE III--NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS

Sec. 3001. Short title.
Sec. 3002. Sense of Congress and reaffirming national policy for the 
                            National Petroleum Reserve in Alaska.
Sec. 3003. National Petroleum Reserve in Alaska: lease sales.
Sec. 3004. National Petroleum Reserve in Alaska: planning and 
                            permitting pipeline and road construction.
Sec. 3005. Issuance of a new integrated activity plan and environmental 
                            impact statement.
Sec. 3006. Departmental accountability for development.
Sec. 3007. Deadlines under new proposed integrated activity plan.
Sec. 3008. Updated resource assessment.
                  TITLE IV--BLM LIVE INTERNET AUCTIONS

Sec. 4001. Short title.
Sec. 4002. Internet-based onshore oil and gas lease sales.
                    TITLE V--NATIVE AMERICAN ENERGY

Sec. 5001. Short title.
Sec. 5002. Appraisals.
Sec. 5003. Standardization.
Sec. 5004. Environmental reviews of major Federal actions on Indian 
                            lands.
Sec. 5005. Judicial review.
Sec. 5006. Tribal biomass demonstration project.
Sec. 5007. Tribal resource management plans.
Sec. 5008. Leases of restricted lands for the Navajo Nation.
Sec. 5009. Nonapplicability of certain rules.

            TITLE I--FEDERAL LANDS JOBS AND ENERGY SECURITY

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Federal Lands Jobs and Energy 
Security Act''.

SEC. 1002. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR 
              AMERICA.

    (a) Congressional Intent.--It is the intent of the Congress that--
            (1) this title will support a healthy and growing United 
        States domestic energy sector that, in turn, helps to 
        reinvigorate American manufacturing, transportation, and 
        service sectors by employing the vast talents of United States 
        workers to assist in the development of energy from domestic 
        sources;
            (2) to ensure a robust onshore energy production industry 
        and ensure that the benefits of development support local 
        communities, under this title, the Secretary shall make every 
        effort to promote the development of onshore American energy, 
        and shall take into consideration the socioeconomic impacts, 
        infrastructure requirements, and fiscal stability for local 
        communities located within areas containing onshore energy 
        resources; and
            (3) the Congress will monitor the deployment of personnel 
        and material onshore to encourage the development of American 
        manufacturing to enable United States workers to benefit from 
        this title through good jobs and careers, as well as the 
        establishment of important industrial facilities to support 
        expanded access to American resources.
    (b) Requirement.--The Secretary of the Interior shall when 
possible, and practicable, encourage the use of United States workers 
and equipment manufactured in the United States in all construction 
related to mineral resource development under this title.

          Subtitle A--Onshore Oil and Gas Permit Streamlining

SEC. 1101. SHORT TITLE.

    This subtitle may be cited as the ``Streamlining Permitting of 
American Energy Act of 2013''.

       CHAPTER 1--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM

SEC. 1111. PERMIT TO DRILL APPLICATION TIMELINE.

    Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)) 
is amended to read as follows:
            ``(2) Applications for permits to drill reform and 
        process.--
                    ``(A) Timeline.--The Secretary shall decide whether 
                to issue a permit to drill within 30 days after 
                receiving an application for the permit. The Secretary 
                may extend such period for up to 2 periods of 15 days 
                each, if the Secretary has given written notice of the 
                delay to the applicant. The notice shall be in the form 
                of a letter from the Secretary or a designee of the 
                Secretary, and shall include the names and titles of 
                the persons processing the application, the specific 
                reasons for the delay, and a specific date a final 
                decision on the application is expected.
                    ``(B) Notice of reasons for denial.--If the 
                application is denied, the Secretary shall provide the 
                applicant--
                            ``(i) in writing, clear and comprehensive 
                        reasons why the application was not accepted 
                        and detailed information concerning any 
                        deficiencies; and
                            ``(ii) an opportunity to remedy any 
                        deficiencies.
                    ``(C) Application deemed approved.--If the 
                Secretary has not made a decision on the application by 
                the end of the 60-day period beginning on the date the 
                application is received by the Secretary, the 
                application is deemed approved, except in cases in 
                which existing reviews under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                are incomplete.
                    ``(D) Denial of permit.--If the Secretary decides 
                not to issue a permit to drill in accordance with 
                subparagraph (A), the Secretary shall--
                            ``(i) provide to the applicant a 
                        description of the reasons for the denial of 
                        the permit;
                            ``(ii) allow the applicant to resubmit an 
                        application for a permit to drill during the 
                        10-day period beginning on the date the 
                        applicant receives the description of the 
                        denial from the Secretary; and
                            ``(iii) issue or deny any resubmitted 
                        application not later than 10 days after the 
                        date the application is submitted to the 
                        Secretary.
                    ``(E) Fee.--
                            ``(i) In general.--Notwithstanding any 
                        other law, the Secretary shall collect a single 
                        $6,500 permit processing fee per application 
                        from each applicant at the time the final 
                        decision is made whether to issue a permit 
                        under subparagraph (A). This fee shall not 
                        apply to any resubmitted application.
                            ``(ii) Treatment of permit processing 
                        fee.--Of all fees collected under this 
                        paragraph, 50 percent shall be transferred to 
                        the field office where they are collected and 
                        used to process protests, leases, and permits 
                        under this Act subject to appropriation.''.

SEC. 1112. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.

    (a) In General.--Subject to subsection (b), and notwithstanding any 
other provision of law, of fees collected each fiscal year as annual 
wind energy and solar energy right-of-way authorization fees required 
under section 504(g) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1764(g))--
            (1) no less than 25 percent shall be available, subject to 
        appropriation, for use for solar and wind permitting and 
        management activities by Department of the Interior field 
        offices responsible for the land where the fees were collected;
            (2) no less than 25 percent shall be available, subject to 
        appropriation, for Bureau of Land Management solar and wind 
        permit approval activities; and
            (3) no less than 25 percent shall be available, subject to 
        appropriation, to the Secretary of the Interior for department-
        wide solar and wind permitting activities.
    (b) Limitation.--The amount used under subsection (a) each fiscal 
year shall not exceed $5,000,000.

         CHAPTER 2--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM

SEC. 1121. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.

    Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 
further amended by adding at the end the following:
            ``(4) Protest fee.--
                    ``(A) In general.--The Secretary shall collect a 
                $5,000 documentation fee to accompany each protest for 
                a lease, right of way, or application for permit to 
                drill.
                    ``(B) Treatment of fees.--Of all fees collected 
                under this paragraph, 50 percent shall remain in the 
                field office where they are collected and used to 
                process protests subject to appropriation.''.

                     CHAPTER 3--PERMIT STREAMLINING

SEC. 1131. IMPROVE FEDERAL ENERGY PERMIT COORDINATION.

    (a) Establishment.--The Secretary of the Interior (referred to in 
this section as the ``Secretary'') shall establish a Federal Permit 
Streamlining Project (referred to in this section as the ``Project'') 
in every Bureau of Land Management field office with responsibility for 
permitting energy projects on Federal land.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        memorandum of understanding for purposes of this section with--
                    (A) the Secretary of Agriculture;
                    (B) the Administrator of the Environmental 
                Protection Agency; and
                    (C) the Chief of the Army Corps of Engineers.
            (2) State participation.--The Secretary may request that 
        the Governor of any State with energy projects on Federal lands 
        to be a signatory to the memorandum of understanding.
    (c) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date of 
        the signing of the memorandum of understanding under subsection 
        (b), all Federal signatory parties shall, if appropriate, 
        assign to each of the Bureau of Land Management field offices 
        an employee who has expertise in the regulatory issues relating 
        to the office in which the employee is employed, including, as 
        applicable, particular expertise in--
                    (A) the consultations and the preparation of 
                biological opinions under section 7 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1536);
                    (B) permits under section 404 of Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (C) regulatory matters under the Clean Air Act (42 
                U.S.C. 7401 et seq.);
                    (D) planning under the National Forest Management 
                Act of 1976 (16 U.S.C. 472a et seq.); and
                    (E) the preparation of analyses under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
            (2) Duties.--Each employee assigned under paragraph (1) 
        shall--
                    (A) not later than 90 days after the date of 
                assignment, report to the Bureau of Land Management 
                Field Managers in the office to which the employee is 
                assigned;
                    (B) be responsible for all issues relating to the 
                energy projects that arise under the authorities of the 
                employee's home agency; and
                    (C) participate as part of the team of personnel 
                working on proposed energy projects, planning, and 
                environmental analyses on Federal lands.
    (d) Additional Personnel.--The Secretary shall assign to each 
Bureau of Land Management field office identified in subsection (a) any 
additional personnel that are necessary to ensure the effective 
approval and implementation of energy projects administered by the 
Bureau of Land Management field offices, including inspection and 
enforcement relating to energy development on Federal land, in 
accordance with the multiple use mandate of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (e) Funding.--Funding for the additional personnel shall come from 
the Department of the Interior reforms identified in sections 1111, 
1112, and 1121.
    (f) Savings Provision.--Nothing in this section affects--
            (1) the operation of any Federal or State law; or
            (2) any delegation of authority made by the head of a 
        Federal agency whose employees are participating in the 
        Project.
    (g) Definition.--For purposes of this section the term ``energy 
projects'' includes oil, natural gas, coal, and other energy projects 
as defined by the Secretary.

SEC. 1132. ADMINISTRATION OF CURRENT LAW.

    Notwithstanding any other law, the Secretary of the Interior shall 
not require a finding of extraordinary circumstances in administering 
section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942).

                       CHAPTER 4--JUDICIAL REVIEW

SEC. 1141. DEFINITIONS.

    In this chapter--
            (1) the term ``covered civil action'' means a civil action 
        containing a claim under section 702 of title 5, United States 
        Code, regarding agency action (as defined for the purposes of 
        that section) affecting a covered energy project on Federal 
        lands of the United States; and
            (2) the term ``covered energy project'' means the leasing 
        of Federal lands of the United States for the exploration, 
        development, production, processing, or transmission of oil, 
        natural gas, wind, or any other source of energy, and any 
        action under such a lease, except that the term does not 
        include any disputes between the parties to a lease regarding 
        the obligations under such lease, including regarding any 
        alleged breach of the lease.

SEC. 1142. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO 
              COVERED ENERGY PROJECTS.

    Venue for any covered civil action shall lie in the district court 
where the project or leases exist or are proposed.

SEC. 1143. TIMELY FILING.

    To ensure timely redress by the courts, a covered civil action must 
be filed no later than the end of the 90-day period beginning on the 
date of the final Federal agency action to which it relates.

SEC. 1144. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

    The court shall endeavor to hear and determine any covered civil 
action as expeditiously as possible.

SEC. 1145. STANDARD OF REVIEW.

    In any judicial review of a covered civil action, administrative 
findings and conclusions relating to the challenged Federal action or 
decision shall be presumed to be correct, and the presumption may be 
rebutted only by the preponderance of the evidence contained in the 
administrative record.

SEC. 1146. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

    In a covered civil action, the court shall not grant or approve any 
prospective relief unless the court finds that such relief is narrowly 
drawn, extends no further than necessary to correct the violation of a 
legal requirement, and is the least intrusive means necessary to 
correct that violation. In addition, courts shall limit the duration of 
preliminary injunctions to halt covered energy projects to no more than 
60 days, unless the court finds clear reasons to extend the injunction. 
In such cases of extensions, such extensions shall only be in 30-day 
increments and shall require action by the court to renew the 
injunction.

SEC. 1147. LIMITATION ON ATTORNEYS' FEES.

    Sections 504 of title 5, United States Code, and 2412 of title 28, 
United States Code, (together commonly called the Equal Access to 
Justice Act) do not apply to a covered civil action, nor shall any 
party in such a covered civil action receive payment from the Federal 
Government for their attorneys' fees, expenses, and other court costs.

SEC. 1148. LEGAL STANDING.

    Challengers filing appeals with the Department of the Interior 
Board of Land Appeals shall meet the same standing requirements as 
challengers before a United States district court.

           CHAPTER 5--KNOWING AMERICA'S OIL AND GAS RESOURCES

SEC. 1151. FUNDING OIL AND GAS RESOURCE ASSESSMENTS.

    (a) In General.--The Secretary of the Interior shall provide 
matching funding for joint projects with States to conduct oil and gas 
resource assessments on Federal lands with significant oil and gas 
potential.
    (b) Cost Sharing.--The Federal share of the cost of activities 
under this section shall not exceed 50 percent.
    (c) Resource Assessment.--Any resource assessment under this 
section shall be conducted by a State, in consultation with the United 
States Geological Survey.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section a total of 
$50,000,000 for fiscal years 2014 through 2017.

               Subtitle B--Oil and Gas Leasing Certainty

SEC. 1201. SHORT TITLE.

    This subtitle may be cited as the ``Providing Leasing Certainty for 
American Energy Act of 2013''.

SEC. 1202. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES.

    In conducting lease sales as required by section 17(a) of the 
Mineral Leasing Act (30 U.S.C. 226(a)), each year the Secretary of the 
Interior shall perform the following:
            (1) The Secretary shall offer for sale no less than 25 
        percent of the annual nominated acreage not previously made 
        available for lease. Acreage offered for lease pursuant to this 
        paragraph shall not be subject to protest and shall be eligible 
        for categorical exclusions under section 390 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15942), except that it shall not 
        be subject to the test of extraordinary circumstances.
            (2) In administering this section, the Secretary shall only 
        consider leasing of Federal lands that are available for 
        leasing at the time the lease sale occurs.

SEC. 1203. LEASING CERTAINTY.

    Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) is 
amended by inserting ``(1)'' before ``All lands'', and by adding at the 
end the following:
    ``(2)(A) The Secretary shall not withdraw any covered energy 
project issued under this Act without finding a violation of the terms 
of the lease by the lessee.
    ``(B) The Secretary shall not infringe upon lease rights under 
leases issued under this Act by indefinitely delaying issuance of 
project approvals, drilling and seismic permits, and rights of way for 
activities under such a lease.
    ``(C) No later than 18 months after an area is designated as open 
under the current land use plan the Secretary shall make available 
nominated areas for lease under the criteria in section 2.
    ``(D) Notwithstanding any other law, the Secretary shall issue all 
leases sold no later than 60 days after the last payment is made.
    ``(E) The Secretary shall not cancel or withdraw any lease parcel 
after a competitive lease sale has occurred and a winning bidder has 
submitted the last payment for the parcel.
    ``(F) Not later than 60 days after a lease sale held under this 
Act, the Secretary shall adjudicate any lease protests filed following 
a lease sale. If after 60 days any protest is left unsettled, said 
protest is automatically denied and appeal rights of the protestor 
begin.
    ``(G) No additional lease stipulations may be added after the 
parcel is sold without consultation and agreement of the lessee, unless 
the Secretary deems such stipulations as emergency actions to conserve 
the resources of the United States.''.

SEC. 1204. LEASING CONSISTENCY.

    Federal land managers must follow existing resource management 
plans and continue to actively lease in areas designated as open when 
resource management plans are being amended or revised, until such time 
as a new record of decision is signed.

SEC. 1205. REDUCE REDUNDANT POLICIES.

    Bureau of Land Management Instruction Memorandum 2010-117 shall 
have no force or effect.

SEC. 1206. STREAMLINED CONGRESSIONAL NOTIFICATION.

    Section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)) is 
amended in the matter following paragraph (4) by striking ``at least 
thirty days in advance of the reinstatement'' and inserting ``in an 
annual report''.

                         Subtitle C--Oil Shale

SEC. 1301. SHORT TITLE.

    This subtitle may be cited as the ``Protecting Investment in Oil 
Shale the Next Generation of Environmental, Energy, and Resource 
Security Act'' or the ``PIONEERS Act''.

SEC. 1302. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO 
              RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION.

    (a) Regulations.--Notwithstanding any other law or regulation to 
the contrary, the final regulations regarding oil shale management 
published by the Bureau of Land Management on November 18, 2008 (73 
Fed. Reg. 69,414) are deemed to satisfy all legal and procedural 
requirements under any law, including the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), and the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Secretary of the 
Interior shall implement those regulations, including the oil shale 
leasing program authorized by the regulations, without any other 
administrative action necessary.
    (b) Amendments to Resource Management Plans and Record of 
Decision.--Notwithstanding any other law or regulation to the contrary, 
the November 17, 2008 U.S. Bureau of Land Management Approved Resource 
Management Plan Amendments/Record of Decision for Oil Shale and Tar 
Sands Resources to Address Land Use Allocations in Colorado, Utah, and 
Wyoming and Final Programmatic Environmental Impact Statement are 
deemed to satisfy all legal and procedural requirements under any law, 
including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), and the Secretary of the Interior shall implement the 
oil shale leasing program authorized by the regulations referred to in 
subsection (a) in those areas covered by the resource management plans 
amended by such amendments, and covered by such record of decision, 
without any other administrative action necessary.

SEC. 1303. OIL SHALE LEASING.

    (a) Additional Research and Development Lease Sales.--The Secretary 
of the Interior shall hold a lease sale within 180 days after the date 
of enactment of this Act offering an additional 10 parcels for lease 
for research, development, and demonstration of oil shale resources, 
under the terms offered in the solicitation of bids for such leases 
published on January 15, 2009 (74 Fed. Reg. 10).
    (b) Commercial Lease Sales.--No later than January 1, 2016, the 
Secretary of the Interior shall hold no less than 5 separate commercial 
lease sales in areas considered to have the most potential for oil 
shale development, as determined by the Secretary, in areas nominated 
through public comment. Each lease sale shall be for an area of not 
less than 25,000 acres, and in multiple lease blocs.

                  Subtitle D--Miscellaneous Provisions

SEC. 1401. RULE OF CONSTRUCTION.

    Nothing in this title shall be construed to authorize the issuance 
of a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) to any 
person designated for the imposition of sanctions pursuant to--
            (1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), 
        the Comprehensive Iran Sanctions, Accountability and 
        Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), the Iran 
        Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 
        8701 et seq.), section 1245 of the National Defense 
        Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or 
        the Iran Freedom and Counter-Proliferation Act of 2012 (22 
        U.S.C. 8801 et seq.);
            (2) Executive Order No. 13622 (July 30, 2012), Executive 
        Order No. 13628 (October 9, 2012), or Executive Order No. 13645 
        (June 3, 2013);
            (3) Executive Order No. 13224 (September 23, 2001) or 
        Executive Order No. 13338 (May 11, 2004); or
            (4) the Syria Accountability and Lebanese Sovereignty 
        Restoration Act of 2003 (22 U.S.C. 2151 note).

                 TITLE II--PLANNING FOR AMERICAN ENERGY

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Planning for American Energy Act 
of 2013''.

SEC. 2002. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.

    (a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended by redesignating section 44 as section 45, and by inserting 
after section 43 the following:

``SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION 
              STRATEGY.

    ``(a) In General.--
            ``(1) The Secretary of the Interior (hereafter in this 
        section referred to as `Secretary'), in consultation with the 
        Secretary of Agriculture with regard to lands administered by 
        the Forest Service, shall develop and publish every 4 years a 
        Quadrennial Federal Onshore Energy Production Strategy. This 
        Strategy shall direct Federal land energy development and 
        department resource allocation in order to promote the energy 
        and national security of the United States in accordance with 
        Bureau of Land Management's mission of promoting the multiple 
        use of Federal lands as set forth in the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1701 et seq.).
            ``(2) In developing this Strategy, the Secretary shall 
        consult with the Administrator of the Energy Information 
        Administration on the projected energy demands of the United 
        States for the next 30-year period, and how energy derived from 
        Federal onshore lands can put the United States on a trajectory 
        to meet that demand during the next 4-year period. The 
        Secretary shall consider how Federal lands will contribute to 
        ensuring national energy security, with a goal for increasing 
        energy independence and production, during the next 4-year 
        period.
            ``(3) The Secretary shall determine a domestic strategic 
        production objective for the development of energy resources 
        from Federal onshore lands. Such objective shall be--
                    ``(A) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of oil and natural gas from the Federal 
                onshore mineral estate, with a focus on lands held by 
                the Bureau of Land Management and the Forest Service;
                    ``(B) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                coal production from Federal lands;
                    ``(C) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of strategic and critical energy minerals 
                from the Federal onshore mineral estate;
                    ``(D) the best estimate, based upon commercial and 
                scientific data, of the expected increase in megawatts 
                for electricity production from each of the following 
                sources: wind, solar, biomass, hydropower, and 
                geothermal energy produced on Federal lands 
                administered by the Bureau of Land Management and the 
                Forest Service;
                    ``(E) the best estimate, based upon commercial and 
                scientific data, of the expected increase in 
                unconventional energy production, such as oil shale;
                    ``(F) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of oil, natural gas, coal, and other 
                renewable sources from tribal lands for any federally 
                recognized Indian tribe that elects to participate in 
                facilitating energy production on its lands;
                    ``(G) the best estimate, based upon commercial and 
                scientific data, of the expected increase in production 
                of helium on Federal lands administered by the Bureau 
                of Land Management and the Forest Service; and
                    ``(H) the best estimate, based upon commercial and 
                scientific data, of the expected increase in domestic 
                production of geothermal, solar, wind, or other 
                renewable energy sources from `available lands' (as 
                such term is defined in section 203 of the Hawaiian 
                Homes Commission Act, 1920 (42 Stat. 108 et seq.), and 
                including any other lands deemed by the Territory or 
                State of Hawaii, as the case may be, to be included 
                within that definition) that the agency or department 
                of the government of the State of Hawaii that is 
                responsible for the administration of such lands 
                selects to be used for such energy production.
            ``(4) The Secretary shall consult with the Administrator of 
        the Energy Information Administration regarding the methodology 
        used to arrive at its estimates for purposes of this section.
            ``(5) The Secretary has the authority to expand the energy 
        development plan to include other energy production technology 
        sources or advancements in energy on Federal lands.
            ``(6) The Secretary shall include in the Strategy a plan 
        for addressing new demands for transmission lines and pipelines 
        for distribution of oil and gas across Federal lands to ensure 
        that energy produced can be distributed to areas of need.
    ``(b) Tribal Objectives.--It is the sense of Congress that 
federally recognized Indian tribes may elect to set their own 
production objectives as part of the Strategy under this section. The 
Secretary shall work in cooperation with any federally recognized 
Indian tribe that elects to participate in achieving its own strategic 
energy objectives designated under this subsection.
    ``(c) Execution of the Strategy.--The relevant Secretary shall have 
all necessary authority to make determinations regarding which 
additional lands will be made available in order to meet the production 
objectives established by strategies under this section. The Secretary 
shall also take all necessary actions to achieve these production 
objectives unless the President determines that it is not in the 
national security and economic interests of the United States to 
increase Federal domestic energy production and to further decrease 
dependence upon foreign sources of energy. In administering this 
section, the relevant Secretary shall only consider leasing Federal 
lands available for leasing at the time the lease sale occurs.
    ``(d) State, Federally Recognized Indian Tribes, Local Government, 
and Public Input.--In developing each strategy, the Secretary shall 
solicit the input of affected States, federally recognized Indian 
tribes, local governments, and the public.
    ``(e) Reporting.--The Secretary shall report annually to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate on the progress 
of meeting the production goals set forth in the strategy. The 
Secretary shall identify in the report projections for production and 
capacity installations and any problems with leasing, permitting, 
siting, or production that will prevent meeting the goal. In addition, 
the Secretary shall make suggestions to help meet any shortfalls in 
meeting the production goals.
    ``(f) Programmatic Environmental Impact Statement.--Not later than 
12 months after the date of enactment of this section, in accordance 
with section 102(2)(C) of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic 
environmental impact statement. This programmatic environmental impact 
statement will be deemed sufficient to comply with all requirements 
under that Act for all necessary resource management and land use plans 
associated with the implementation of the strategy.
    ``(g) Congressional Review.--At least 60 days prior to publishing a 
proposed strategy under this section, the Secretary shall submit it to 
the President and the Congress, together with any comments received 
from States, federally recognized Indian tribes, and local governments. 
Such submission shall indicate why any specific recommendation of a 
State, federally recognized Indian tribe, or local government was not 
accepted.
    ``(h) Strategic and Critical Energy Minerals Defined.--For purposes 
of this section, the term `strategic and critical energy minerals' 
means those that are necessary for the Nation's energy infrastructure 
including pipelines, refining capacity, electrical power generation and 
transmission, and renewable energy production and those that are 
necessary to support domestic manufacturing, including but not limited 
to, materials used in energy generation, production, and 
transportation.''.
    (b) First Quadrennial Strategy.--Not later than 18 months after the 
date of enactment of this Act, the Secretary of the Interior shall 
submit to Congress the first Quadrennial Federal Onshore Energy 
Production Strategy under the amendment made by subsection (a).

         TITLE III--NATIONAL PETROLEUM RESERVE IN ALASKA ACCESS

SEC. 3001. SHORT TITLE.

    This title may be cited as the ``National Petroleum Reserve Alaska 
Access Act''.

SEC. 3002. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE 
              NATIONAL PETROLEUM RESERVE IN ALASKA.

    It is the sense of Congress that--
            (1) the National Petroleum Reserve in Alaska remains 
        explicitly designated, both in name and legal status, for 
        purposes of providing oil and natural gas resources to the 
        United States; and
            (2) accordingly, the national policy is to actively advance 
        oil and gas development within the Reserve by facilitating the 
        expeditious exploration, production, and transportation of oil 
        and natural gas from and through the Reserve.

SEC. 3003. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.

    Section 107(a) of the Naval Petroleum Reserves Production Act of 
1976 (42 U.S.C. 6506a(a)) is amended to read as follows:
    ``(a) In General.--The Secretary shall conduct an expeditious 
program of competitive leasing of oil and gas in the reserve in 
accordance with this Act. Such program shall include at least one lease 
sale annually in those areas of the reserve most likely to produce 
commercial quantities of oil and natural gas each year in the period 
2013 through 2023.''.

SEC. 3004. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND 
              PERMITTING PIPELINE AND ROAD CONSTRUCTION.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of the Interior, in consultation with other appropriate 
Federal agencies, shall facilitate and ensure permits, in a timely and 
environmentally responsible manner, for all surface development 
activities, including for the construction of pipelines and roads, 
necessary to--
            (1) develop and bring into production any areas within the 
        National Petroleum Reserve in Alaska that are subject to oil 
        and gas leases; and
            (2) transport oil and gas from and through the National 
        Petroleum Reserve in Alaska in the most direct manner possible 
        to existing transportation or processing infrastructure on the 
        North Slope of Alaska.
    (b) Timeline.--The Secretary shall ensure that any Federal 
permitting agency shall issue permits in accordance with the following 
timeline:
            (1) Permits for such construction for transportation of oil 
        and natural gas produced under existing Federal oil and gas 
        leases with respect to which the Secretary has issued a permit 
        to drill shall be approved within 60 days after the date of 
        enactment of this Act.
            (2) Permits for such construction for transportation of oil 
        and natural gas produced under Federal oil and gas leases shall 
        be approved within 6 months after the submission to the 
        Secretary of a request for a permit to drill.
    (c) Plan.--To ensure timely future development of the Reserve, 
within 270 days after the date of the enactment of this Act, the 
Secretary of the Interior shall submit to Congress a plan for approved 
rights-of-way for a plan for pipeline, road, and any other surface 
infrastructure that may be necessary infrastructure that will ensure 
that all leasable tracts in the Reserve are within 25 miles of an 
approved road and pipeline right-of-way that can serve future 
development of the Reserve.

SEC. 3005. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND ENVIRONMENTAL 
              IMPACT STATEMENT.

    (a) Issuance of New Integrated Activity Plan.--The Secretary of the 
Interior shall, within 180 days after the date of enactment of this 
Act, issue--
            (1) a new proposed integrated activity plan from among the 
        non-adopted alternatives in the National Petroleum Reserve 
        Alaska Integrated Activity Plan Record of Decision issued by 
        the Secretary of the Interior and dated February 21, 2013; and
            (2) an environmental impact statement under section 
        102(2)(C) of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the 
        National Petroleum Reserve-Alaska to promote efficient and 
        maximum development of oil and natural gas resources of such 
        reserve.
    (b) Nullification of Existing Record of Decision, IAP, and EIS.--
Except as provided in subsection (a), the National Petroleum Reserve-
Alaska Integrated Activity Plan Record of Decision issued by the 
Secretary of the Interior and dated February 21, 2013, including the 
integrated activity plan and environmental impact statement referred to 
in that record of decision, shall have no force or effect.

SEC. 3006. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.

    The Secretary of the Interior shall issue regulations not later 
than 180 days after the date of enactment of this Act that establish 
clear requirements to ensure that the Department of the Interior is 
supporting development of oil and gas leases in the National Petroleum 
Reserve-Alaska.

SEC. 3007. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN.

    At a minimum, the new proposed integrated activity plan issued 
under section 3005(a)(1) shall--
            (1) require the Department of the Interior to respond 
        within 5 business days to a person who submits an application 
        for a permit for development of oil and natural gas leases in 
        the National Petroleum Reserve-Alaska acknowledging receipt of 
        such application; and
            (2) establish a timeline for the processing of each such 
        application, that--
                    (A) specifies deadlines for decisions and actions 
                on permit applications; and
                    (B) provide that the period for issuing each permit 
                after submission of such an application shall not 
                exceed 60 days without the concurrence of the 
                applicant.

SEC. 3008. UPDATED RESOURCE ASSESSMENT.

    (a) In General.--The Secretary of the Interior shall complete a 
comprehensive assessment of all technically recoverable fossil fuel 
resources within the National Petroleum Reserve in Alaska, including 
all conventional and unconventional oil and natural gas.
    (b) Cooperation and Consultation.--The resource assessment required 
by subsection (a) shall be carried out by the United States Geological 
Survey in cooperation and consultation with the State of Alaska and the 
American Association of Petroleum Geologists.
    (c) Timing.--The resource assessment required by subsection (a) 
shall be completed within 24 months of the date of the enactment of 
this Act.
    (d) Funding.--The United States Geological Survey may, in carrying 
out the duties under this section, cooperatively use resources and 
funds provided by the State of Alaska.

                  TITLE IV--BLM LIVE INTERNET AUCTIONS

SEC. 4001. SHORT TITLE.

    This title may be cited as the ``BLM Live Internet Auctions Act''.

SEC. 4002. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES.

    (a) Authorization.--Section 17(b)(1) of the Mineral Leasing Act (30 
U.S.C. 226(b)(1)) is amended--
            (1) in subparagraph (A), in the third sentence, by 
        inserting ``, except as provided in subparagraph (C)'' after 
        ``by oral bidding''; and
            (2) by adding at the end the following:
    ``(C) In order to diversify and expand the Nation's onshore leasing 
program to ensure the best return to the Federal taxpayer, reduce 
fraud, and secure the leasing process, the Secretary may conduct 
onshore lease sales through Internet-based bidding methods. Each 
individual Internet-based lease sale shall conclude within 7 days.''.
    (b) Report.--Not later than 90 days after the tenth Internet-based 
lease sale conducted under the amendment made by subsection (a), the 
Secretary of the Interior shall analyze the first 10 such lease sales 
and report to Congress the findings of the analysis. The report shall 
include--
            (1) estimates on increases or decreases in such lease 
        sales, compared to sales conducted by oral bidding, in--
                    (A) the number of bidders;
                    (B) the average amount of bid;
                    (C) the highest amount bid; and
                    (D) the lowest bid;
            (2) an estimate on the total cost or savings to the 
        Department of the Interior as a result of such sales, compared 
        to sales conducted by oral bidding; and
            (3) an evaluation of the demonstrated or expected 
        effectiveness of different structures for lease sales which may 
        provide an opportunity to better maximize bidder participation, 
        ensure the highest return to the Federal taxpayers, minimize 
        opportunities for fraud or collusion, and ensure the security 
        and integrity of the leasing process.

                    TITLE V--NATIVE AMERICAN ENERGY

SEC. 5001. SHORT TITLE.

    This title may be cited as the ``Native American Energy Act''.

SEC. 5002. APPRAISALS.

    (a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended by adding at the end the following:

``SEC. 2607. APPRAISAL REFORMS.

    ``(a) Options to Indian Tribes.--With respect to a transaction 
involving Indian land or the trust assets of an Indian tribe that 
requires the approval of the Secretary, any appraisal relating to fair 
market value required to be conducted under applicable law, regulation, 
or policy may be completed by--
            ``(1) the Secretary;
            ``(2) the affected Indian tribe; or
            ``(3) a certified, third-party appraiser pursuant to a 
        contract with the Indian tribe.
    ``(b) Time Limit on Secretarial Review and Action.--Not later than 
30 days after the date on which the Secretary receives an appraisal 
conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) 
of subsection (a), the Secretary shall--
            ``(1) review the appraisal; and
            ``(2) provide to the Indian tribe a written notice of 
        approval or disapproval of the appraisal.
    ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 
days, the Secretary has failed to approve or disapprove any appraisal 
received, the appraisal shall be deemed approved.
    ``(d) Option to Indian Tribes To Waive Appraisal.--
            ``(1) An Indian tribe wishing to waive the requirements of 
        subsection (a), may do so after it has satisfied the 
        requirements of subsections (2) and (3) below.
            ``(2) An Indian tribe wishing to forego the necessity of a 
        waiver pursuant to this section must provide to the Secretary a 
        written resolution, statement, or other unambiguous indication 
        of tribal intent, duly approved by the governing body of the 
        Indian tribe.
            ``(3) The unambiguous indication of intent provided by the 
        Indian tribe to the Secretary under paragraph (2) must include 
        an express waiver by the Indian tribe of any claims for damages 
        it might have against the United States as a result of the lack 
        of an appraisal undertaken.
    ``(e) Definition.--For purposes of this subsection, the term 
`appraisal' includes appraisals and other estimates of value.
    ``(f) Regulations.--The Secretary shall develop regulations for 
implementing this section, including standards the Secretary shall use 
for approving or disapproving an appraisal.''.
    (b) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the 
end of the items relating to title XXVI the following:

``Sec. 2607. Appraisal reforms.''.

SEC. 5003. STANDARDIZATION.

    As soon as practicable after the date of the enactment of this Act, 
the Secretary of the Interior shall implement procedures to ensure that 
each agency within the Department of the Interior that is involved in 
the review, approval, and oversight of oil and gas activities on Indian 
lands shall use a uniform system of reference numbers and tracking 
systems for oil and gas wells.

SEC. 5004. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN 
              LANDS.

    Section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the 
first sentence, and by adding at the end the following:
    ``(b) Review of Major Federal Actions on Indian Lands.--
            ``(1) In general.--For any major Federal action on Indian 
        lands of an Indian tribe requiring the preparation of a 
        statement under subsection (a)(2)(C), the statement shall only 
        be available for review and comment by the members of the 
        Indian tribe and by any other individual residing within the 
        affected area.
            ``(2) Regulations.--The Chairman of the Council on 
        Environmental Quality shall develop regulations to implement 
        this section, including descriptions of affected areas for 
        specific major Federal actions, in consultation with Indian 
        tribes.
            ``(3) Definitions.--In this subsection, each of the terms 
        `Indian land' and `Indian tribe' has the meaning given that 
        term in section 2601 of the Energy Policy Act of 1992 (25 
        U.S.C. 3501).
            ``(4) Clarification of authority.--Nothing in the Native 
        American Energy Act, except section 5006 of that Act, shall 
        give the Secretary any additional authority over energy 
        projects on Alaska Native Claims Settlement Act lands.''.

SEC. 5005. JUDICIAL REVIEW.

    (a) Time for Filing Complaint.--Any energy related action must be 
filed not later than the end of the 60-day period beginning on the date 
of the final agency action. Any energy related action not filed within 
this time period shall be barred.
    (b) District Court Venue and Deadline.--All energy related 
actions--
            (1) shall be brought in the United States District Court 
        for the District of Columbia; and
            (2) shall be resolved as expeditiously as possible, and in 
        any event not more than 180 days after such cause of action is 
        filed.
    (c) Appellate Review.--An interlocutory order or final judgment, 
decree or order of the district court in an energy related action may 
be reviewed by the U.S. Court of Appeals for the District of Columbia 
Circuit. The D.C. Circuit Court of Appeals shall resolve such appeal as 
expeditiously as possible, and in any event not more than 180 days 
after such interlocutory order or final judgment, decree or order of 
the district court was issued.
    (d) Limitation on Certain Payments.--Notwithstanding section 1304 
of title 31, United States Code, no award may be made under section 504 
of title 5, United States Code, or under section 2412 of title 28, 
United States Code, and no amounts may be obligated or expended from 
the Claims and Judgment Fund of the United States Treasury to pay any 
fees or other expenses under such sections, to any person or party in 
an energy related action.
    (e) Legal Fees.--In any energy related action in which the 
plaintiff does not ultimately prevail, the court shall award to the 
defendant (including any intervenor-defendants), other than the United 
States, fees and other expenses incurred by that party in connection 
with the energy related action, unless the court finds that the 
position of the plaintiff was substantially justified or that special 
circumstances make an award unjust. Whether or not the position of the 
plaintiff was substantially justified shall be determined on the basis 
of the administrative record, as a whole, which is made in the energy 
related action for which fees and other expenses are sought.
    (f) Definitions.--For the purposes of this section, the following 
definitions apply:
            (1) Agency action.--The term ``agency action'' has the same 
        meaning given such term in section 551 of title 5, United 
        States Code.
            (2) Indian land.--The term ``Indian Land'' has the same 
        meaning given such term in section 203(c)(3) of the Energy 
        Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), 
        including lands owned by Native Corporations under the Alaska 
        Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 
        1601).
            (3) Energy related action.--The term ``energy related 
        action'' means a cause of action that--
                    (A) is filed on or after the effective date of this 
                Act; and
                    (B) seeks judicial review of a final agency action 
                to issue a permit, license, or other form of agency 
                permission allowing:
                            (i) any person or entity to conduct 
                        activities on Indian Land, which activities 
                        involve the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity; or
                            (ii) any Indian Tribe, or any organization 
                        of two or more entities, at least one of which 
                        is an Indian tribe, to conduct activities 
                        involving the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity, regardless of where such 
                        activities are undertaken.
            (4) Ultimately prevail.--The phrase ``ultimately prevail'' 
        means, in a final enforceable judgment, the court rules in the 
        party's favor on at least one cause of action which is an 
        underlying rationale for the preliminary injunction, 
        administrative stay, or other relief requested by the party, 
        and does not include circumstances where the final agency 
        action is modified or amended by the issuing agency unless such 
        modification or amendment is required pursuant to a final 
        enforceable judgment of the court or a court-ordered consent 
        decree.

SEC. 5006. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    The Tribal Forest Protection Act of 2004 is amended by inserting 
after section 2 (25 U.S.C. 3115a) the following:

``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    ``(a) In General.--For each of fiscal years 2014 through 2018, the 
Secretary shall enter into stewardship contracts or other agreements, 
other than agreements that are exclusively direct service contracts, 
with Indian tribes to carry out demonstration projects to promote 
biomass energy production (including biofuel, heat, and electricity 
generation) on Indian forest land and in nearby communities by 
providing reliable supplies of woody biomass from Federal land.
    ``(b) Definitions.--The definitions in section 2 shall apply to 
this section.
    ``(c) Demonstration Projects.--In each fiscal year for which 
projects are authorized, the Secretary shall enter into contracts or 
other agreements described in subsection (a) to carry out at least 4 
new demonstration projects that meet the eligibility criteria described 
in subsection (d).
    ``(d) Eligibility Criteria.--To be eligible to enter into a 
contract or other agreement under this subsection, an Indian tribe 
shall submit to the Secretary an application--
            ``(1) containing such information as the Secretary may 
        require; and
            ``(2) that includes a description of--
                    ``(A) the Indian forest land or rangeland under the 
                jurisdiction of the Indian tribe; and
                    ``(B) the demonstration project proposed to be 
                carried out by the Indian tribe.
    ``(e) Selection.--In evaluating the applications submitted under 
subsection (c), the Secretary--
            ``(1) shall take into consideration the factors set forth 
        in paragraphs (1) and (2) of section 2(e) of Public Law 108-
        278; and whether a proposed demonstration project would--
                    ``(A) increase the availability or reliability of 
                local or regional energy;
                    ``(B) enhance the economic development of the 
                Indian tribe;
                    ``(C) improve the connection of electric power 
                transmission facilities serving the Indian tribe with 
                other electric transmission facilities;
                    ``(D) improve the forest health or watersheds of 
                Federal land or Indian forest land or rangeland; or
                    ``(E) otherwise promote the use of woody biomass; 
                and
            ``(2) shall exclude from consideration any merchantable 
        logs that have been identified by the Secretary for commercial 
        sale.
    ``(f) Implementation.--The Secretary shall--
            ``(1) ensure that the criteria described in subsection (c) 
        are publicly available by not later than 120 days after the 
        date of enactment of this section; and
            ``(2) to the maximum extent practicable, consult with 
        Indian tribes and appropriate intertribal organizations likely 
        to be affected in developing the application and otherwise 
        carrying out this section.
    ``(g) Report.--Not later than September 20, 2015, the Secretary 
shall submit to Congress a report that describes, with respect to the 
reporting period--
            ``(1) each individual tribal application received under 
        this section; and
            ``(2) each contract and agreement entered into pursuant to 
        this section.
    ``(h) Incorporation of Management Plans.--In carrying out a 
contract or agreement under this section, on receipt of a request from 
an Indian tribe, the Secretary shall incorporate into the contract or 
agreement, to the extent practicable, management plans (including 
forest management and integrated resource management plans) in effect 
on the Indian forest land or rangeland of the respective Indian tribe.
    ``(i) Term.--A stewardship contract or other agreement entered into 
under this section--
            ``(1) shall be for a term of not more than 20 years; and
            ``(2) may be renewed in accordance with this section for 
        not more than an additional 10 years.''.

SEC. 5007. TRIBAL RESOURCE MANAGEMENT PLANS.

    Unless otherwise explicitly exempted by Federal law enacted after 
the date of the enactment of this Act, any activity conducted or 
resources harvested or produced pursuant to a tribal resource 
management plan or an integrated resource management plan approved by 
the Secretary of the Interior under the National Indian Forest 
Resources Management Act (25 U.S.C. 3101 et seq.) or the American 
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), 
shall be considered a sustainable management practice for purposes of 
any Federal standard, benefit, or requirement that requires a 
demonstration of such sustainability.

SEC. 5008. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.

    Subsection (e)(1) of the first section of the Act of August 9, 1955 
(25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing 
Act''), is amended--
            (1) by striking ``, except a lease for'' and inserting ``, 
        including leases for'';
            (2) in subparagraph (A), by striking ``25'' the first place 
        it appears and all that follows and inserting ``99 years;'';
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(C) in the case of a lease for the exploration, 
        development, or extraction of mineral resources, including 
        geothermal resources, 25 years, except that any such lease may 
        include an option to renew for one additional term not to 
        exceed 25 years.''.

SEC. 5009. NONAPPLICABILITY OF CERTAIN RULES.

    No rule promulgated by the Department of the Interior regarding 
hydraulic fracturing used in the development or production of oil or 
gas resources shall have any effect on any land held in trust or 
restricted status for the benefit of Indians except with the express 
consent of the beneficiary on whose behalf such land is held in trust 
or restricted status.

            Passed the House of Representatives November 20, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                       Calendar No. 254

113th CONGRESS

  1st Session

                               H. R. 1965

_______________________________________________________________________

                                 AN ACT

To streamline and ensure onshore energy permitting, provide for onshore 
  leasing certainty, and give certainty to oil shale development for 
 American energy security, economic development, and job creation, and 
                          for other purposes.

_______________________________________________________________________

                            December 9, 2013

            Read the second time and placed on the calendar