[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1965 Reported in House (RH)]
Union Calendar No. 188
113th CONGRESS
1st Session
H. R. 1965
[Report No. 113-262, Part I]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 2013
Mr. Lamborn introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
November 12, 2013
Additional sponsors: Mr. Cramer and Mr. Duncan of South Carolina
November 12, 2013
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
November 12, 2013
The Committee on the Judiciary discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 14,
2013]
_______________________________________________________________________
A BILL
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''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Policies regarding buying, building, and working for America.
TITLE I--ONSHORE OIL AND GAS PERMIT STREAMLINING
Sec. 101. Short title.
Subtitle A--Application for Permits to Drill Process Reform
Sec. 111. Permit to drill application timeline.
Sec. 112. Solar and wind right-of-way rental reform.
Subtitle B--Administrative Protest Documentation Reform
Sec. 121. Administrative protest documentation reform.
Subtitle C--Permit Streamlining
Sec. 131. Improve Federal energy permit coordination.
Sec. 132. Administration of current law.
Subtitle D--Judicial Review
Sec. 141. Definitions.
Sec. 142. Exclusive venue for certain civil actions relating to covered
energy projects.
Sec. 143. Timely filing.
Sec. 144. Expedition in hearing and determining the action.
Sec. 145. Standard of review.
Sec. 146. Limitation on injunction and prospective relief.
Sec. 147. Limitation on attorneys' fees.
Sec. 148. Legal standing.
Subtitle E--Knowing America's Oil and Gas Resources
Sec. 151. Funding oil and gas resource assessments.
TITLE II--OIL AND GAS LEASING CERTAINTY
Sec. 201. Short title.
Sec. 202. Minimum acreage requirement for onshore lease sales.
Sec. 203. Leasing certainty.
Sec. 204. Leasing consistency.
Sec. 205. Reduce redundant policies.
Sec. 206. Streamlined congressional notification.
TITLE III--OIL SHALE
Sec. 301. Short title.
Sec. 302. Effectiveness of oil shale regulations, amendments to
resource management plans, and record of
decision.
Sec. 303. Oil shale leasing.
TITLE IV--MISCELLANEOUIS PROVISIONS
Sec. 401. Rule of construction.
SEC. 3. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.
(a) Congressional Intent.--It is the intent of the Congress that--
(1) this Act 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 Act, 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 Act 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 Act.
TITLE I--ONSHORE OIL AND GAS PERMIT STREAMLINING
SEC. 101. SHORT TITLE.
This title may be cited as the ``Streamlining Permitting of
American Energy Act of 2013''.
Subtitle A--Application for Permits to Drill Process Reform
SEC. 111. 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. 112. 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 $10,000,000.
Subtitle B--Administrative Protest Documentation Reform
SEC. 121. 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.''.
Subtitle C--Permit Streamlining
SEC. 131. 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 101, 102,
and 201.
(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. 132. 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).
Subtitle D--Judicial Review
SEC. 141. DEFINITIONS.
In this subtitle--
(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. 142. 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. 143. 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. 144. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 145. 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. 146. 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. 147. 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. 148. 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.
Subtitle E--Knowing America's Oil and Gas Resources
SEC. 151. 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.
TITLE II--OIL AND GAS LEASING CERTAINTY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Providing Leasing Certainty for
American Energy Act of 2013''.
SEC. 202. 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. 203. 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. 204. 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. 205. REDUCE REDUNDANT POLICIES.
Bureau of Land Management Instruction Memorandum 2010-117 shall
have no force or effect.
SEC. 206. 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''.
TITLE III--OIL SHALE
SEC. 301. SHORT TITLE.
This title 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. 302. 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. 303. 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.
TITLE IV--MISCELLANEOUIS PROVISIONS
SEC. 401. RULE OF CONSTRUCTION.
Nothing in this Act 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 13622 (July 30, 2012), Executive Order
13628 (October 9, 2012), or Executive Order 13645 (June 3,
2013);
(3) Executive Order 13224 (September 23, 2001) or Executive
Order 13338 (May 11, 2004); or
(4) the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (22 U.S.C. 2151 note).
Union Calendar No. 188
113th CONGRESS
1st Session
H. R. 1965
[Report No. 113-262, Part I]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
November 12, 2013
Reported from the Committee on Natural Resources with an amendment
November 12, 2013
The Committee on the Judiciary discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed