[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4304 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4304
To make certain repeals and revisions to Federal labor laws, to
decrease the regulatory burdens on small businesses, to provide for
comprehensive energy reform, and to amend the securities laws to
streamline access to capital.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2014
Mr. Scalise (for himself, Mrs. Black, Mr. McHenry, Mr. Mulvaney, Mr.
Brady of Texas, Mr. Flores, Mr. Luetkemeyer, Mr. Roe of Tennessee, Mr.
Pitts, Mr. Byrne, Mr. Lankford, Mrs. Lummis, Mr. Austin Scott of
Georgia, Mr. Huizenga of Michigan, Mr. Lamborn, Mrs. Blackburn, Mr.
Franks of Arizona, Mr. Sessions, Mr. Hudson, Mr. Barton, Mr. Duncan of
South Carolina, Mr. Wilson of South Carolina, Mr. Chabot, Mr. Rice of
South Carolina, Mr. Bentivolio, Mr. Salmon, Mr. Rooney, Mr. Yoho, Mr.
Weber of Texas, Mr. Harris, and Mr. DesJarlais) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on the Budget, Small
Business, Education and the Workforce, Oversight and Government Reform,
the Judiciary, Energy and Commerce, Transportation and Infrastructure,
Science, Space, and Technology, Rules, Financial Services, Agriculture,
and Ways and Means, 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 make certain repeals and revisions to Federal labor laws, to
decrease the regulatory burdens on small businesses, to provide for
comprehensive energy reform, and to amend the securities laws to
streamline access to capital.
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 ``Jumpstarting Opportunities with Bold
Solutions 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.
DIVISION I--LABOR
TITLE I--REPEAL OF DAVIS-BACON ACT
Sec. 101. Repeal of Davis-Bacon wage requirements.
Sec. 102. Effective date and limitation.
TITLE II--UNION CONTRACT NOT A BAR TO HIGHER WAGES
Sec. 201. Payment of higher wages.
TITLE III--REPEAL OF PROVISIONS RELATING TO OFFICIAL TIME OF FEDERAL
EMPLOYEES FOR PURPOSES OF UNION ORGANIZING
Sec. 301. Repeal of certain provisions relating to official time of
Federal employees for purposes of union
organizing.
TITLE IV--RULEMAKING, INVESTIGATIVE, AND ADJUDICATIVE AUTHORITY OF THE
NATIONAL LABOR RELATIONS BOARD
Sec. 401. Authorities of the National Labor Relations Board.
Sec. 402. Regulations.
DIVISION II--DEREGULATION
TITLE V--UNIFORM COST-BENEFIT ANALYSIS OF REGULATIONS
Sec. 501. Uniform use of cost-benefit analysis.
Sec. 502. Congressional review.
TITLE VI--PERIODIC REVIEW AND TERMINATION OF REGULATIONS
Sec. 601. Review of regulations.
Sec. 602. Rules covered.
Sec. 603. Criteria for sunset review.
Sec. 604. Sunset review procedures.
Sec. 605. Review deadlines for covered rules.
Sec. 606. Sunset review notices and agency reports.
Sec. 607. Designation of agency regulatory review officers.
Sec. 608. Relationship to the Administrative Procedure Act.
Sec. 609. Effect of termination of a covered rule.
Sec. 610. Judicial review.
Sec. 611. Definitions.
Sec. 612. Sunset of this title.
TITLE VII--REGULATION COSTS TO SMALL BUSINESSES AND GRACE PERIOD FOR
REGULATORY VIOLATIONS
Sec. 701. Small Business Administration study on the cost of Federal
regulations.
Sec. 702. Grace period for regulatory violations.
TITLE VIII--MAJOR RULES OF THE EXECUTIVE BRANCH BE APPROVED BY CONGRESS
Sec. 801. Congressional review of agency rulemaking.
Sec. 802. Budgetary effects of rules subject to section 802 of title 5,
United States Code.
Sec. 803. Government Accountability Office study of rules.
TITLE IX--SIMPLIFICATION OF MERGERS, ACQUISITIONS AND SALES OF SMALL
BUSINESS
Sec. 901. Registration exemption for merger and acquisition brokers.
DIVISION III--ENERGY
TITLE X--OFFSHORE ENERGY AND JOBS ACT
Sec. 1001. Short title.
Subtitle A--Outer Continental Shelf Leasing Program Reforms
Sec. 1011. Outer Continental Shelf leasing program reforms.
Sec. 1012. Domestic oil and natural gas production goal.
Sec. 1013. Development and submittal of new 5-year oil and gas leasing
program.
Sec. 1014. Rule of construction.
Subtitle B--Directing the President To Conduct New OCS Sales in
Virginia, South Carolina, and California
Sec. 1021. Requirement to conduct proposed oil and gas Lease Sale 220
on the Outer Continental Shelf offshore
Virginia.
Sec. 1022. South Carolina lease sale.
Sec. 1023. Southern California existing infrastructure lease sale.
Sec. 1024. Environmental impact statement requirement.
Sec. 1025. National defense.
Sec. 1026. Opening the Eastern Gulf of Mexico for exploration.
Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues
Sec. 1031. Disposition of Outer Continental Shelf revenues to coastal
States.
Subtitle D--Reorganization of Minerals Management Agencies of the
Department of the Interior
Sec. 1041. Establishment of Under Secretary for Energy, Lands, and
Minerals and Assistant Secretary of Ocean
Energy and Safety.
Sec. 1042. Bureau of Ocean Energy.
Sec. 1043. Ocean Energy Safety Service.
Sec. 1044. Office of Natural Resources Revenue.
Sec. 1045. Ethics and drug testing.
Sec. 1046. Abolishment of Minerals Management Service.
Sec. 1047. Conforming amendments to Executive Schedule pay rates.
Sec. 1048. Outer Continental Shelf Energy Safety Advisory Board.
Sec. 1049. Outer Continental Shelf inspection fees.
Sec. 1050. Prohibition on action based on National Ocean Policy
developed under Executive Order No. 13547.
Subtitle E--United States Territories
Sec. 1061. Application of Outer Continental Shelf Lands Act with
respect to territories of the United
States.
Subtitle F--Judicial Review
Sec. 1071. Time for filing complaint.
Sec. 1072. District court deadline.
Sec. 1073. Ability to seek appellate review.
Sec. 1074. Limitation on scope of review and relief.
Sec. 1075. Legal fees.
Sec. 1076. Exclusion.
Sec. 1077. Definitions.
Subtitle G--Miscellaneous Provisions
Sec. 1081. Rules regarding distribution of revenues under Gulf of
Mexico Energy Security Act of 2006.
Sec. 1082. Seismic testing in the Atlantic Outer Continental Shelf.
Sec. 1083. Disposition of qualified outer Continental Shelf Revenues.
TITLE XI--ALASKAN ENERGY FOR AMERICAN JOBS ACT
Sec. 2001. Short title.
Sec. 2002. Definitions.
Sec. 2003. Leasing program for lands within the Coastal Plain.
Sec. 2004. Lease sales.
Sec. 2005. Grant of leases by the Secretary.
Sec. 2006. Lease terms and conditions.
Sec. 2007. Policies regarding buying, building, and working for
America.
Sec. 2008. Coastal Plain environmental protection.
Sec. 2009. Expedited judicial review.
Sec. 2010. Treatment of revenues.
Sec. 2011. Rights-of-way across the Coastal Plain.
Sec. 2012. Conveyance.
TITLE XII--STATE CONTROL ON ALL AVAILABLE FEDERAL LAND
Sec. 3001. State control on all available Federal land.
TITLE XIII--FEDERAL LANDS JOBS AND ENERGY SECURITY
Subtitle A--Federal Lands Jobs and Energy Security
Sec. 4001. Short title.
Sec. 4002. Policies regarding buying, building, and working for
America.
Chapter 1--Onshore Oil and Gas Permit Streamlining
Sec. 4101. Short title.
subchapter a--application for permits to drill process reform
Sec. 4111. Permit to drill application timeline.
Sec. 4112. Solar and wind right-of-way rental reform.
subchapter b--administrative protest documentation reform
Sec. 4121. Administrative protest documentation reform.
subchapter c--permit streamlining
Sec. 4131. Improve Federal energy permit coordination.
Sec. 4132. Administration of current law.
subchapter d--judicial review
Sec. 4141. Definitions.
Sec. 4142. Exclusive venue for certain civil actions relating to
covered energy projects.
Sec. 4143. Timely filing.
Sec. 4144. Expedition in hearing and determining the action.
Sec. 4145. Standard of review.
Sec. 4146. Limitation on injunction and prospective relief.
Sec. 4147. Limitation on attorneys' fees.
Sec. 4148. Legal standing.
subchapter e--knowing america's oil and gas resources
Sec. 4151. Funding oil and gas resource assessments.
Chapter 2--Oil and Gas Leasing Certainty
Sec. 4161. Short title.
Sec. 4162. Minimum acreage requirement for onshore lease sales.
Sec. 4163. Leasing certainty.
Sec. 4164. Leasing consistency.
Sec. 4165. Reduce redundant policies.
Sec. 4166. Streamlined congressional notification.
Chapter 3--Oil Shale
Sec. 4171. Short title.
Sec. 4172. Effectiveness of oil shale regulations, amendments to
resource management plans, and record of
decision.
Sec. 4173. Oil shale leasing.
Chapter 4--Miscellaneous Provisions
Sec. 4181. Rule of construction.
Subtitle B--Planning for American Energy
Sec. 4201. Short title.
Sec. 4202. Onshore domestic energy production strategic plan.
Subtitle C--National Petroleum Reserve in Alaska Access
Sec. 4301. Short title.
Sec. 4302. Sense of Congress and reaffirming national policy for the
National Petroleum Reserve in Alaska.
Sec. 4303. National Petroleum Reserve in Alaska: lease sales.
Sec. 4304. National Petroleum Reserve in Alaska: planning and
permitting pipeline and road construction.
Sec. 4305. Issuance of a new integrated activity plan and environmental
impact statement.
Sec. 4306. Departmental accountability for development.
Sec. 4307. Deadlines under new proposed integrated activity plan.
Sec. 4308. Updated resource assessment.
Subtitle D--BLM Live Internet Auctions
Sec. 4401. Short title.
Sec. 4402. Internet-based onshore oil and gas lease sales.
Subtitle E--Native American Energy
Sec. 4501. Short title.
Sec. 4502. Appraisals.
Sec. 4503. Standardization.
Sec. 4504. Environmental reviews of major Federal actions on Indian
lands.
Sec. 4505. Judicial review.
Sec. 4506. Tribal biomass demonstration project.
Sec. 4507. Tribal resource management plans.
Sec. 4508. Leases of restricted lands for the Navajo Nation.
Sec. 4509. Nonapplicability of certain rules.
Sec. 4510. Permits for incidental take.
Sec. 4511. Migratory Bird Treaty Act.
TITLE XIV--HYDRAULIC FRACTURING
Subtitle A--State Authority for Hydraulic Fracturing Regulation
Sec. 5101. Short title.
Sec. 5102. State authority for hydraulic fracturing regulation.
Sec. 5103. Government Accountability Office study.
Sec. 5104. Tribal authority on trust land.
Subtitle B--EPA Hydraulic Fracturing Research
Sec. 5201. Short title.
Sec. 5202. EPA hydraulic fracturing research.
Subtitle C--Miscellaneous Provisions
Sec. 5301. Review of State activities.
TITLE XV--NORTHERN ROUTE APPROVAL
Sec. 6001. Short title.
Sec. 6002. Findings.
Sec. 6003. Keystone XL permit approval.
Sec. 6004. Judicial review.
Sec. 6005. American burying beetle.
Sec. 6006. Right-of-way and temporary use permit.
Sec. 6007. Permits for activities in navigable waters.
Sec. 6008. Migratory Bird Treaty Act permit.
Sec. 6009. Oil spill response plan disclosure.
TITLE XVI--RELIEF FROM EPA CLIMATE CHANGE REGULATIONS AND FEDERAL
PROHIBITIONS ON SYNTHETIC FUELS
Sec. 7001. Repeal of EPA climate change regulation.
Sec. 7002. Repeal of Federal ban on synthetic fuels purchasing
requirement.
Sec. 7003. Sense of Congress opposing carbon tax.
Sec. 7004. Prohibition on use of social cost of carbon in analysis.
TITLE XVII--ADDRESSING THE PRESIDENT'S WAR ON COAL
Subtitle A--Management and Disposal of Coal Combustion Residuals
Sec. 8001. Short title.
Sec. 8002. Management and disposal of coal combustion residuals.
Sec. 8003. 2000 regulatory determination.
Sec. 8004. Technical assistance.
Sec. 8005. Federal Power Act.
Subtitle B--Surface Mining Stream Buffer Zone Rule
Sec. 8011. Short title.
Sec. 8012. Incorporation of surface mining stream buffer zone rule into
State programs.
TITLE XVIII--SATISFYING ENERGY NEEDS AND SAVING THE ENVIRONMENT
Sec. 9001. Short title.
Sec. 9002. Inapplicability of certain emission limits for electric
utility steam generating units that convert
coal refuse into energy.
TITLE XIX--NUCLEAR REGULATORY COMMISSION REORGANIZATION PLAN
CODIFICATION AND COMPLEMENTS
Sec. 10001. Short title.
Subtitle A--Replacement of Reorganization Plan
Sec. 10011. General functions.
Sec. 10012. Chairman.
Sec. 10013. Emergency authority.
Sec. 10014. Reporting.
Sec. 10015. Rescission of Reorganization Plan approval.
Subtitle B--Miscellaneous
Sec. 10021. Certification of documents transmitted to Congress.
Sec. 10022. Time limits for Commission review of Atomic Safety and
Licensing Board decisions.
Sec. 10023. Allegations of wrongdoing.
Sec. 10024. Approval of Commissioner travel.
Sec. 10025. Implementation.
TITLE XX--PERMITTING FOR ONSHORE AND OFFSHORE WIND ENERGY
Subtitle A--Offshore Meteorological Site Testing and Monitoring
Sec. 11001. Short title.
Sec. 11002. Offshore meteorological site testing and monitoring
projects.
Subtitle B--Onshore Meteorological Site Testing and Monitoring
Sec. 11011. Short title.
Sec. 11012. Onshore meteorological site testing and monitoring project.
TITLE XXI--DOMESTIC PROSPERITY AND GLOBAL FREEDOM
Sec. 12001. Short title.
Sec. 12002. Amendments.
Sec. 12003. Pending applications.
DIVISION IV--ACCESS TO CAPITAL
TITLE XXII--SMALL BUSINESS ACCESS TO CAPITAL
Sec. 13001. Registration and reporting exemptions relating to private
equity funds advisors.
TITLE XXIII--COMMUNITY LENDING ENHANCEMENT AND REGULATORY RELIEF
Sec. 14001. Changes required to small bank holding company policy
statement on assessment of financial and
managerial factors.
Sec. 14002. Escrow requirements.
Sec. 14003. Exception to annual privacy notice requirement under the
Gramm-Leach-Bliley Act.
Sec. 14004. Accounting principles cost-benefit requirements.
Sec. 14005. Community bank exemption from annual management assessment
of internal controls requirement of the
Sarbanes-Oxley Act of 2002.
Sec. 14006. Certain loans included as qualified mortgages.
Sec. 14007. Increase in small servicer exemption.
Sec. 14008. Appraiser qualification threshold.
Sec. 14009. Coordination among financial institutions.
DIVISION I--LABOR
TITLE I--REPEAL OF DAVIS-BACON ACT
SEC. 101. REPEAL OF DAVIS-BACON WAGE REQUIREMENTS.
(a) In General.--Subchapter IV of chapter 31 of title 40, United
States Code, is repealed.
(b) Reference.--Any reference in any law to a wage requirement of
subchapter IV of chapter 31 of title 40, United States Code, shall
after the date of the enactment of this title be null and void.
SEC. 102. EFFECTIVE DATE AND LIMITATION.
The amendment made by section 101 shall take effect 30 days after
the date of the enactment of this title but shall not affect any
contract in existence on such date of enactment or made pursuant to
invitation for bids outstanding on such date of enactment.
TITLE II--UNION CONTRACT NOT A BAR TO HIGHER WAGES
SEC. 201. PAYMENT OF HIGHER WAGES.
Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a))
is amended--
(1) by striking ``Representatives'' and inserting ``(1)
Representatives''; and
(2) by adding at the end the following:
``(2) Notwithstanding a labor organization's exclusive
representation of employees in a unit, or the terms and conditions of
any collective bargaining contract or agreement then in effect, nothing
in either--
``(A) section 8(a)(1) or 8(a)(5), or
``(B) a collective bargaining contract or agreement renewed
or entered into after the date of enactment of the Jumpstarting
Opportunities with Bold Solutions Act,
shall prohibit an employer from paying an employee in the unit greater
wages, pay, or other compensation for, or by reason of, his or her
services as an employee of such employer, than provided for in such
contract or agreement.''.
TITLE III--REPEAL OF PROVISIONS RELATING TO OFFICIAL TIME OF FEDERAL
EMPLOYEES FOR PURPOSES OF UNION ORGANIZING
SEC. 301. REPEAL OF CERTAIN PROVISIONS RELATING TO OFFICIAL TIME OF
FEDERAL EMPLOYEES FOR PURPOSES OF UNION ORGANIZING.
Section 7131 of title 5, United States Code, is amended--
(1) by striking subsections (a) and (c);
(2) by redesignating subsections (b) and (d) as subsections
(a) and (b), respectively; and
(3) in subsection (b) (as so redesignated by paragraph
(2)), by striking ``Except as provided in the preceding
subsections of this section--'' and inserting ``Except as
provided in subsection (a)--''.
TITLE IV--RULEMAKING, INVESTIGATIVE, AND ADJUDICATIVE AUTHORITY OF THE
NATIONAL LABOR RELATIONS BOARD
SEC. 401. AUTHORITIES OF THE NATIONAL LABOR RELATIONS BOARD.
(a) Duties of the General Counsel and Administrative Law Judges.--
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
(1) in section 3(d), by striking ``and issuance of
complaints under section 10, and in respect of the prosecution
of such complaints before the Board''; and
(2) in section 4(a), by striking the fourth sentence.
(b) Clarification of the Board's Rulemaking Authority.--Section 6
of such Act (29 U.S.C. 156) is amended by adding at the end the
following: ``Such rulemaking authority shall be limited to rules
concerning the internal functions of the Board and the Board is
prohibited from promulgating rules that affect the substantive rights
of any person, employer, employee, or labor organization.''.
(c) Investigatory Power and Adjudicatory Authority Over Unfair
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 60) is
amended--
(1) in subsection (a)--
(A) by striking ``prevent any person from engaging
in'' and inserting ``investigate''; and
(B) by striking ``This power shall'' and all that
follows through the end of the subsection;
(2) in subsection (b)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it appears'';
(B) by striking ``or is engaging in'' and inserting
``, is engaging in, or is about to engage in'';
(C) by striking ``the Board, or any agent'' and all
that follows through ``Provided, That no complaint
shall be issued'' and inserting ``the aggrieved party
may bring a civil action for such relief (including
injunctions) as may be appropriate. Any such action may
be brought in the district court of the United States
where the violation occurred, or at the option of the
parties, in the United States District Court for the
District of Columbia. No civil action may be brought'';
(D) by striking ``charge with the Board and the
service of a copy thereof upon the person against whom
such charge is made'' and inserting ``civil action'';
and
(E) by striking ``Any such complaint may be
amended'' and all that follows through ``Any such
proceeding shall, so far as practicable,'' and
inserting ``Any such proceeding shall'';
(3) by striking subsections (c) through (k) and
redesignating subsection (l) as subsection (c); and
(4) in subsection (c) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) in the first sentence, by striking ``charge''
both places it appears and inserting ``allegation'';
and
(C) by striking ``and that a complaint should
issue, he shall'' and all that follows through the end
of the subsection and inserting ``, the officer or
regional attorney shall, on behalf of the Board, submit
a written summary of the findings to all parties
involved in the alleged unfair labor practice.''.
SEC. 402. REGULATIONS.
Not later than 6 months after the date of the enactment of this
title, the National Labor Relations Board shall review and revise all
regulations promulgated before such date to implement the amendments
made by this title.
DIVISION II--DEREGULATION
TITLE V--UNIFORM COST-BENEFIT ANALYSIS OF REGULATIONS
SEC. 501. UNIFORM USE OF COST-BENEFIT ANALYSIS.
Section 553 of title 5, United States Code, is amended by adding at
the end the following:
``(f)(1) Prior to any rulemaking under this section, an agency
shall comply with the following:
``(A) The agency shall identify, in the context of a
coherent conceptual framework and supported with objective
data--
``(i) the nature and significance of the market
failure, regulatory failure, or other problem that
necessitates regulatory action;
``(ii) the reasons why national economic and income
growth, advancing technology, and other market
developments will not obviate the need for the
rulemaking;
``(iii) the reasons why regulation at the State,
local, or tribal level could not address the problem
better than at the Federal level;
``(iv) the reasons why reducing rather than
increasing the extent or stringency of existing Federal
regulation would not address the problem better; and
``(v) the particular authority by which the agency
may take action.
``(B) Before the agency increases the extent or stringency
of regulation based on its determinations pursuant to
subparagraph (A), it shall--
``(i) set an achievable objective for its
regulatory action and identify the metrics by which the
agency will measure progress toward the objective;
``(ii) issue a notice of inquiry seeking public
comment on the identification of a new objective under
clause (i); and
``(iii) give notice to the committees of Congress
with jurisdiction over the subject matter of the rule.
``(C) The agency, if the agency is not seeking to repeal a
rule, shall develop at least 3 distinct regulatory options, in
addition to not regulating, that the agency estimates will
provide the greatest benefits for the least cost in meeting the
regulatory objective set under subparagraph (B) and, in
developing such regulatory options, shall apply the following
principles:
``(i) The agency shall assume that individuals are
rational and not qualify that assumption unless the
agency--
``(I) has conclusive evidence of a
detrimental systematic behavioral bias; and
``(II) can devise behavioral regulatory
options that do not preclude any choices of
market participants.
``(ii) The agency shall, to the extent practicable,
attempt to engage private incentives to solve a problem
and not supplant private incentives any more than
necessary.
``(iii) The agency shall consider the adverse
effects that mandates and prohibitions may have on
innovation, economic growth, and employment.
``(iv) An agency's risk assessment shall be
confined to its jurisdiction, subject to specific
regulatory authority. Agency assessments of the risks
of adverse health and environmental effects shall
follow standardized parameters, assumptions, and
methodologies. An agency also shall provide analyses of
increases in risks, whatever their nature, produced by
the regulatory options under consideration.
``(v) The agency shall avoid incongruities and
duplication in regulation at the Federal, State, local,
and tribal levels.
``(vi) The agency shall compare and contrast the
regulatory options developed and explain how each would
meet the regulatory objective set pursuant to
subparagraph (B).
``(D) The agency shall estimate the costs and benefits of
each regulatory option developed, notwithstanding any provision
of law that prohibits the agency from using costs in
rulemaking, at least to the extent that the agency is able to--
``(i) exclude options whose costs exceed their
benefits;
``(ii) rank the options by cost from lowest to
highest;
``(iii) estimate the monetary cost of any adverse
effects on private property rights, identify the
categories of persons who experience a net loss from a
regulatory option, and explain why the negative effects
cannot be lessened or avoided;
``(iv) establish whether the cost of an option
exceeds $50,000,000 for any 12-month period, except
that the dollar amount shall be adjusted annually for
inflation based on the GDP deflator, and the President
may order that a lower dollar amount be used for a
particular period; and
``(v) identify the key uncertainties and
assumptions that drive the results and provide an
analysis of how the ranking of the options and the
threshold determination under clause (iv) may change if
key assumptions are changed.
``(E) The estimates pursuant to subparagraph (D) shall--
``(i) follow the methodology established pursuant
to paragraph (2)(A);
``(ii) to the maximum extent practicable, comply
with any guidelines issued by the Administrator of the
Office of Information and Regulatory Affairs pertaining
to cost-benefit analysis; and
``(iii) include, at a minimum--
``(I) agency administrative costs;
``(II) United States private sector
compliance costs;
``(III) Federal, State, local, and tribal
compliance costs;
``(IV) Federal, State, local, and tribal
revenue impacts;
``(V) impacts from the regulatory options
developed on United States industries in the
role of suppliers and consumers to each
industry substantially affected, especially in
terms of employment, costs, volume and quality
of output, and prices;
``(VI) nationwide impacts on overall
economic output, productivity, consumer and
producer prices;
``(VII) international competitiveness of
United States companies; and
``(VIII) distortions in incentives and
markets, including an estimate of the resulting
loss to the United States economy.
``(F) The agency shall publish for public comment all
analyses, documentation, and data under subparagraphs (A)
through (D) for a public comment period of at least 30 days
(subject to applicable limitations under law, including laws
protecting privacy, trade secrets, and intellectual property)
and correct deficiencies or omissions that the agency becomes
aware of before choosing a rule to propose.
``(2)(A) Beginning not later than the date that is 180 days after
the effective date of this section--
``(i) each agency shall, by rule, establish and maintain
the specific cost-benefit analysis methodology appropriate to
the functions and responsibilities of that agency and establish
an appropriate period for review of new rules to assess the
cost effectiveness of each such new rule at achieving the
objective identified under paragraph (1)(B)(i) the new rule was
intended to address;
``(ii) the methodology so established shall--
``(I) include the standardized parameters,
assumptions, and methodologies for agency assessments
of risk under paragraph (1)(C)(iv);
``(II) comply, to the maximum extent practicable,
with technical standards for methodologies and
assumptions issued by the Administrator for the Office
of Information and Regulatory Affairs;
``(III) include the scope of benefits and costs
consistent with the framework used and the metrics
identified in the establishment of the regulatory
objective under paragraph (1);
``(IV) not include consideration of incidental
benefits but only those benefits that were considered
in the establishment of the regulatory objective;
``(V) limit consideration of costs and benefits to
costs and benefits that accrue to the population of the
United States;
``(VI) constrain the agency from presuming that
continued augmentation or tightening of mandates and
additional prohibitions cause benefits and costs to
change linearly but determine at what point benefits
will rise less than, and costs will rise more than,
proportionally;
``(VII) include comparison of incremental benefits
to incremental costs from any action the agency
considers taking and refrain from actions whose
incremental benefits do not exceed their incremental
costs; and
``(VIII) include analysis of effects on private
incentives and possible unintended consequences; and
``(iii) the agency shall adhere to the methodology so
established in all rulemakings.
``(B) If the agency does not select the least-cost regulatory
option as its proposed rule, the agency shall justify its selection,
explaining--
``(i) how that selection furthers other goals or
requirements relevant to regulating matters within the agency's
jurisdiction and why these should override cost savings; and
``(ii) why each of the other regulatory options not chosen
would not sufficiently further such other goals or
requirements.
``(C) If the agency makes a determination under paragraph (1)(D)
that the monetized cost of a rule exceeds the applicable monetary limit
under clause (iv) of such paragraph for any 12-month period, the agency
head shall--
``(i) first issue an advanced notice of proposed
rulemaking;
``(ii) provide notice to the appropriate Congressional
committees and keep such committees informed of the status of
the rulemaking; and
``(iii) ensure that--
``(I) the agency shall notify the Administrator of
the Small Business Administration, the Director of the
Office of Management and Budget, and affected parties,
and provide each such person with information on the
potential effects of the proposed rule on affected
parties and the type of affected parties that might be
affected;
``(II) not later than 15 days after the date of
receipt of the materials described in subclause (I),
the Director, in consultation with the Administrator,
shall identify representatives of affected parties, 25
percent of which shall represent small business
concerns (as such term is defined in section 3(a) of
the Small Business Act), when possible, and all the
major stakeholders shall have the opportunity to obtain
advice and recommendations about the potential effects
of the proposed rule;
``(III) the agency shall convene a review panel
consisting wholly of full-time Federal officers,
employees, and contractors in the agency responsible
for the proposed rule, the Director, the Administrator,
and the representatives of affected parties identified
pursuant to subclause (II);
``(IV) the agency shall conduct a detailed analysis
of the costs and benefits of the regulatory option it
is advancing, and, in doing so--
``(aa) the agency shall consider the
cumulative and interactive costs of regulatory
requirements of Federal, State, local, tribal,
and (where applicable) international
regulations; and
``(bb) the agency shall identify the key
uncertainties and assumptions that drive the
results and provide an analysis of how the
ranking of the regulatory options changes if
the key assumptions are changed;
``(V) the panel shall review agency material
prepared in connection with this subsection, including
any draft proposed rule, and review the advice and
recommendations of each affected party representative
identified;
``(VI) not later than 60 days after the date the
agency convenes a review panel pursuant to subclause
(III), the review panel shall report on the comments of
the affected party representatives and its findings as
to issues related to the provisions of this subsection,
and such report shall be made public as part of the
rulemaking record;
``(VII) where appropriate, the agency shall modify
the proposed rule or the cost-benefit analysis under
subclause (IV) based on the report under subclause
(VI);
``(VIII) subject to applicable limitations under
law, including laws protecting privacy, trade secrets,
and intellectual property, the agency shall publish for
comment all analyses, documentation, and data under
this paragraph for a public comment period of at least
30 days and correct deficiencies or omissions that the
agency becomes aware of before adopting a proposed
rule; and
``(IX) affected parties, including State, local, or
tribal governments, and other stakeholders may
participate in the rulemaking by means such as--
``(aa) the publication of advanced and
general notices of proposed rulemaking in
publications likely to be obtained by affected
parties;
``(bb) the direct notification of
interested affected parties;
``(cc) the conduct of open conferences or
public hearings including soliciting and
receiving comments over computer networks; and
``(dd) reducing the cost or complexity of
procedural rules to ease participation in the
rulemaking.
``(D) Every 4 years the agency shall conduct a review of all rules
of the agency in effect and determine based on objective data whether
its rules are working as intended, furthering their objectives,
imposing unanticipated costs, and generating a net benefit or not, and
shall amend such rules if appropriate. The agency shall report to
Congress the findings of each such review.
``(E) Any person may petition an agency to amend an existing rule
made prior to the establishment of methodology under this paragraph,
and, if the agency denies such a petition, that denial shall be subject
to review under chapter 7 of this title.
``(F) Notwithstanding any other provision of law, including any
provision of law that explicitly prohibits the use of cost-benefit
analysis in rulemaking, an agency shall conduct cost-benefit analyses
and report to Congress the findings with specific recommendations for
how to lower regulatory costs by amending the statutes prohibiting the
use thereof.
``(3) For purposes of this subsection--
``(A) the term `regulatory options' means any action an
agency may take to address an objective identified under
paragraph (1)(B)(i), including the option not to act;
``(B) the term `private incentives' means financial gains
or losses that motivate actions by private individuals and
businesses, and does not include any law or regulation that
prescribes private actions or outcomes; and
``(C) the term `incidental benefit' means a claimed benefit
outside the specific regulatory objective or objectives
identified under paragraph (1)(B)(i) a rule is intended to
address as identified in paragraph (1)(A).
``(4) All determinations made under this subsection shall be
subject to review under chapter 7.''.
SEC. 502. CONGRESSIONAL REVIEW.
Section 801(a)(2) of title 5, United States Code, is amended by
adding at the end the following:
``(C) The Comptroller General shall examine the
cost-benefit analysis for compliance with the
requirements of section 553(f), including the agency
methodology established under section 553(f)(2)(A).
``(D) The Comptroller General shall examine any
risk analysis under section 553(f)(1)(C)(iv) pertaining
to the cost-benefit analysis for compliance with the
requirements of section 553(f).
``(E) The Comptroller General also shall examine
the agencies' quadrennial regulatory reviews for
consistency with the requirements of section 553(f) and
report to Congress on the results.''.
TITLE VI--PERIODIC REVIEW AND TERMINATION OF REGULATIONS
SEC. 601. REVIEW OF REGULATIONS.
A covered rule shall be subject to review in accordance with this
title. Upon completion of such review, the agency which has
jurisdiction over such rule shall--
(1) issue a final report under section 406(c)(2) continuing
such rule, or
(2) conduct a rulemaking in accordance with section 406(d)
to modify, consolidate with another rule, or terminate such
rule.
SEC. 602. RULES COVERED.
(a) Covered Rules.--For purposes of this title, a covered rule is a
rule that--
(1) is determined by the Administrator to be a significant
rule under subsection (b); or
(2) is any other rule designated by the agency which has
jurisdiction over such rule or the Administrator under this
title for sunset review.
(b) Significant Rules.--For purposes of this title, a significant
rule is a rule that the Administrator determines--
(1) has resulted in or is likely to result in an annual
effect on the economy of $100,000,000 or more;
(2) is a major rule; or
(3) was issued pursuant to a significant regulatory action,
as that term is defined in Executive Order 12866 (as in effect
on the first date that Executive order was in effect).
(c) Public Petitions.--
(1) In general.--Any person adversely affected by a rule
that is not a significant rule may submit a petition to the
agency which has jurisdiction over the rule requesting that
such agency designate the rule for sunset review. Such agency
shall designate the rule for sunset review unless such agency
determines that it would not be in the public interest to
conduct a sunset review of the rule. In making such
determination, such agency shall take into account the number
and nature of other petitions received on the same rule and
whether or not such petitions have been denied.
(2) Form and content of petition.--A petition under
paragraph (1)--
(A) shall be in writing, but is not otherwise
required to be in any particular form; and
(B) shall identify the rule for which sunset review
is requested with reasonable specificity and state on
its face that the petitioner seeks sunset review of the
rule.
(3) Response required for noncomplying petitions.--If an
agency determines that a petition does not meet the
requirements of this subsection, the agency shall provide a
response to the petitioner within 30 days after receiving the
petition, notifying the petitioner of the problem and providing
information on how to formulate a petition that meets those
requirements.
(4) Decision within 90 days.--Within the 90-day period
beginning on the date of receiving a petition that meets the
requirements of this subsection, the agency shall transmit a
response to the petitioner stating whether the petition was
granted or denied, except that the agency may extend such
period by a total of not more than 30 days.
(5) Petitions deemed granted for substantial inexcusable
delay.--A petition for sunset review of a rule is deemed to
have been granted by an agency, and such agency is deemed to
have designated the rule for sunset review, if a court finds
there is a substantial and inexcusable delay, beyond the period
specified in paragraph (4), in notifying the petitioner of the
agency's determination to grant or deny the petition.
(6) Public log.--Each agency shall maintain a public log of
petitions submitted under this subsection, that includes the
status or disposition of each petition.
(d) Congressional Requests.--
(1) In general.--An appropriate committee of the Congress,
or a majority of the majority party members or a majority of
nonmajority party members of such committee, may request in
writing that the Administrator designate any rule that is not a
significant rule for sunset review. The Administrator shall
designate such rule for sunset review within 30 days after
receipt of such request unless the Administrator determines
that it would not be in the public interest to conduct a sunset
review of such rule.
(2) Notice of denial.--If the Administrator denies a
congressional request under this subsection, the Administrator
shall transmit to the congressional committee making the
request a notice stating the reasons for the denial.
(e) Publication of Notice of Designation for Sunset Review.--After
designating a rule under subsection (c) or (d) for sunset review, the
agency or the Administrator shall promptly publish a notice of that
designation in the Federal Register.
SEC. 603. CRITERIA FOR SUNSET REVIEW.
(a) Compliance With Other Laws.--In order for any rule subject to
sunset review to continue without change or to be modified or
consolidated in accordance with this title, such rule must be
authorized by law and meet all applicable requirements that would apply
if it were issued as a new rule pursuant to section 553 of title 5,
United States Code, or other statutory rulemaking procedures required
for that rule. For purposes of this section, the term ``applicable
requirements'' includes any requirement for cost-benefit analysis and
any requirement for standardized risk analysis and risk assessment.
(b) Governing Law.--If there is a conflict between applicable
requirements and an Act under which a rule was issued, the conflict
shall be resolved in the same manner as such conflict would be resolved
if the agency were issuing a new rule.
SEC. 604. SUNSET REVIEW PROCEDURES.
(a) Functions of the Administrator.--
(1) Notice of rules subject to review.--
(A) Inventory and first list.--Within 6 months
after the date of the enactment of this title, the
Administrator shall conduct an inventory of existing
rules and publish a first list of covered rules. The
list shall--
(i) specify the particular group to which
each significant rule is assigned under
paragraph (2), and state the review deadline
for all significant rules in each such group;
and
(ii) include other rules subject to sunset
review for any other reason, and state the
review deadline for each such rule.
(B) Subsequent lists.--After publication of the
first list under subparagraph (A), the Administrator
shall publish an updated list of covered rules at least
annually, specifying the review deadline for each rule
on the list.
(2) Grouping of significant rules in first list.--
(A) Staggered review.--The Administrator shall
assign each significant rule in effect on the date of
enactment of this title to one of 4 groups established
by the Administrator to permit orderly and prioritized
sunset reviews, and specify for each group an initial
review deadline in accordance with section 405(a)(1).
(B) Prioritizations.--In determining which rules
shall be given priority in time in that assignment, the
Administrator shall consult with appropriate agencies,
and shall prioritize rule based on--
(i) the grouping of related rules in
accordance with paragraph (3);
(ii) the extent of the cost of each rule
and on the regulated community and the public,
with priority in time given to those rules that
impose the greatest cost;
(iii) consideration of the views of
regulated persons, including State and local
governments;
(iv) whether a particular rule has recently
been subject to cost-benefit analysis and risk
assessment, with priority in time given to
those rules that have not been subject to such
analysis and assessment;
(v) whether a particular rule was issued
under a statutory provision that provides
relatively greater discretion to an official in
issuing the rule, with priority in time given
to those rules that were issued under
provisions that provide relatively greater
discretion;
(vi) the burden of reviewing each rule on
the reviewing agency; and
(vii) the need for orderly processing and
the timely completion of the sunset reviews of
existing rules.
(3) Grouping of related rules.--The Administrator shall
group related rules under paragraph (2) (and designate other
rules) for simultaneous sunset review based upon their subject
matter similarity, functional interrelationships, and other
relevant factors to ensure comprehensive and coordinated review
of redundant, overlapping, and conflicting rules and
requirements. The Administrator shall ensure simultaneous
sunset reviews of covered rules without regard to whether they
were issued by the same agency, and shall designate any other
rule for sunset review that is necessary for a comprehensive
sunset review whether or not such other rule is otherwise a
covered rule under this title.
(4) Guidance.--The Administrator shall provide timely
guidance to agencies on the conduct of sunset reviews and the
preparation of sunset review notices and reports required by
this title to ensure uniform, complete, and timely sunset
reviews and to ensure notice and opportunity for public comment
consistent with section 406.
(5) Review and evaluation of reports.--The Administrator
shall review and evaluate each preliminary and final report
submitted by the agency pursuant to this section. Within 90
days after receiving a preliminary report, the Administrator
shall transmit comments to the head of the agency regarding--
(A) the quality of the analysis in the report,
including whether the agency has properly applied
section 403;
(B) the consistency of the agency's proposed action
with actions of other agencies; and
(C) whether the rule should be continued without
change, modified, consolidated with another rule, or
terminated.
(b) Agency Sunset Review Procedure.--
(1) Sunset review notice.--At least 30 months before the
review deadline under section 405(a) for a covered rule issued
by an agency, the agency shall--
(A) publish a sunset review notice in accordance
with section 406(a) in the Federal Register and, to the
extent reasonable and practicable, in other
publications or media that are designed to reach those
persons most affected by the covered rule; and
(B) request the views of the Administrator and the
appropriate committees of the Congress on whether to
continue without change, modify, consolidate, or
terminate the covered rule.
(2) Preliminary report.--In reviewing a covered rule, the
agency shall--
(A) consider public comments and other
recommendations generated by a sunset review notice
under paragraph (1); and
(B) at least 1 year before the review deadline
under section 405(a) for the covered rule, publish in
the Federal Register, in accordance with section
406(b), and transmit to the Administrator and the
appropriate committees of the Congress a preliminary
report.
(3) Final report.--The agency shall consider the public
comments and other recommendations generated by the preliminary
report under paragraph (2) for a covered rule, and shall
consult with the appropriate committees of the Congress before
issuing a final report. At least 90 days before the review
deadline of the covered rule, the agency shall publish in the
Federal Register, in accordance with section 406(c)(2) or
406(d), and transmit a final report to the Administrator and
the appropriate committees of the Congress.
(4) Open procedures regarding sunset review.--In any sunset
review conducted pursuant to this title, the agency conducting
the review shall make a written record describing the subject
of all contacts the agency or Administrator made with non-
governmental persons outside the agency relating to such
review. The written record of such contact shall be made
available, upon request, to the public.
(c) Effectiveness of Agency Recommendation.--If a final report
under subsection (b)(3) recommends that a covered rule should be
continued without change, the covered rule shall be continued. If a
final report under subsection (b)(3) recommends that a covered rule
should be modified, consolidated with another rule, or terminated, the
rule may be modified, so consolidated, or terminated in accordance with
section 406(d).
(d) Preservation of Independence of Federal Bank Regulatory
Agencies.--The head of any appropriate Federal banking agency (as that
term is defined in section 3(q) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(q))), the Federal Housing Finance Board, the National
Credit Union Administration, and the Office of Federal Housing
Enterprise Oversight shall have the authority with respect to that
agency that would otherwise be granted under section 405(a)(2)(B) to
the Administrator or other officer designated by the President.
SEC. 605. REVIEW DEADLINES FOR COVERED RULES.
(a) In General.--For purposes of this title, the review deadline of
a covered rule is as follows:
(1) Existing significant rules.--For a significant rule in
effect on the date of the enactment of this title, the initial
review deadline is the last day of the 4-year, 5-year, 6-year,
or 7-year period beginning on the date of the enactment of this
title, as specified by the Administrator under section
404(a)(2)(A). For any significant rule that 6 months after the
date of enactment is not assigned to such a group specified
under section 404(a)(2)(A), the initial review deadline is the
last day of the 4-year period beginning on the date of
enactment of this title.
(2) New significant rules.--For a significant rule that
first takes effect after the date of the enactment of this
title, the initial review deadline is the last day of either--
(A) the 3-year period beginning on the date the
rule takes effect, or
(B) if the Administrator determines as part of the
rulemaking process that the rule is issued pursuant to
negotiated rulemaking procedures or that compliance
with the rule requires substantial capital investment,
the 7-year period beginning on the date the rule takes
effect.
(3) Rules covered pursuant to public petition or
congressional request.--For any rule subject to sunset review
pursuant to a public petition under section 402(c) or a
congressional request under section 402(d), the initial review
deadline is the last day of the 3-year period beginning on--
(A) the date the agency or Administrator so
designates the rule for review; or
(B) the date of issuance of a final court order
that the agency is deemed to have designated the rule
for sunset review.
(4) Related rule designated for review.--For a rule that
the Administrator designates under section 404(a)(3) for sunset
review because it is related to another covered rule and that
is grouped with that other rule for simultaneous review, the
initial review deadline is the same as the review deadline for
that other rule.
(b) Temporary Extension.--The review deadline under subsection (a)
for a covered rule may be extended by the Administrator for not more
than 6 months by publishing notice thereof in the Federal Register that
describes reasons why the temporary extension is necessary to respond
to or prevent an emergency situation.
(c) Determinations Where Rules Have Been Amended.--For purposes of
this title, if various provisions of a covered rule were issued at
different times, then the rule as a whole shall be treated as if it
were issued on the later of--
(1) the date of issuance of the provision of the rule that
was issued first; or
(2) the date the most recent review and revision of the
rule under this title was completed.
SEC. 606. SUNSET REVIEW NOTICES AND AGENCY REPORTS.
(a) Sunset Review Notices.--The sunset review notice under section
404(b)(1) for a rule shall--
(1) request comments regarding whether the rule should be
continued without change, modified, consolidated with another
rule, or terminated;
(2) if applicable, request comments regarding whether the
rule meets the applicable Federal cost-benefit and risk
assessment criteria; and
(3) solicit comments about the past implementation and
effects of the rule, including--
(A) the direct and indirect costs incurred because
of the rule, including the net reduction in the value
of private property (whether real, personal, tangible,
or intangible), and whether the incremental benefits of
the rule exceeded the incremental costs of the rule,
both generally and regarding each of the specific
industries and sectors it covers;
(B) whether the rule as a whole, or any major
feature of it, is outdated, obsolete, or unnecessary,
whether by change of technology, the marketplace, or
otherwise;
(C) the extent to which the rule or information
required to comply with the rule duplicated,
conflicted, or overlapped with requirements under rules
of other agencies;
(D) in the case of a rule addressing a risk to
health or safety or the environment, what the perceived
risk was at the time of issuance and to what extent the
risk predictions were accurate;
(E) whether the rule unnecessarily impeded domestic
or international competition or unnecessarily intruded
on free market forces, and whether the rule
unnecessarily interfered with opportunities or efforts
to transfer to the private sector duties carried out by
the Government;
(F) whether, and to what extent, the rule imposed
unfunded mandates on, or otherwise affected, State and
local governments;
(G) whether compliance with the rule required
substantial capital investment and whether terminating
the rule on the next review deadline would create an
unfair advantage to those who are not in compliance
with it;
(H) whether the rule constituted the least cost
method of achieving its objective consistent with the
criteria of the Act under which the rule was issued,
and to what extent the rule provided flexibility to
those who were subject to it;
(I) whether the rule was worded simply and clearly,
including clear identification of those who were
subject to the rule;
(J) whether the rule created negative unintended
consequences;
(K) the extent to which information requirements
under the rule can be reduced; and
(L) the extent to which the rule has contributed
positive benefits, particularly health or safety or
environmental benefits.
(b) Preliminary Reports on Sunset Reviews.--The preliminary report
under section 404(b)(2) on the sunset review of a rule shall request
public comments and contain--
(1) specific requests for factual findings and recommended
legal conclusions regarding the application of section 403 to
the rule, the continued need for the rule, and whether the rule
duplicates functions of another rule;
(2) a request for comments on whether the rule should be
continued without change, modified, consolidated with another
rule, or terminated; and
(3) if consolidation or modification of the rule is
recommended, suggestions for the proposed text of the
consolidated or modified rule.
(c) Final Reports on Sunset Reviews.--The report under section
404(b)(3) on the sunset review of a rule shall--
(1) contain the factual findings and legal conclusions of
the agency conducting the review regarding the application of
section 403 to the rule and the agency's proposed
recommendation as to whether the rule should be continued
without change, modified, consolidated with another rule, or
terminated;
(2) in the case of a rule that the agency proposes to
continue without change, so state;
(3) in the case of a rule that the agency proposes to
modify or consolidate with another rule, contain--
(A) a notice of proposed rulemaking under section
553 of title 5, United States Code or under other
statutory rulemaking procedures required for that rule;
and
(B) the text of the rule as so modified or
consolidated; and
(4) in the case of a rule that the agency proposes to
terminate, contain a notice of proposed rulemaking for
termination consistent with paragraph (3)(A).
A final report described in paragraph (2) shall be published in the
Federal Register.
(d) Rulemaking.--The final report under subsection (c)(3) or (c)(4)
shall be published in the Federal Register and its publication shall
constitute publication of the notice required by subsection (c)(3)(A).
After publication of the final report under subsection (c)(3) or (c)(4)
on a sunset review of a rule, the agency which conducted such review
shall conduct the rulemaking which is called for in such report.
(e) Legislative Recommendations.--In any case in which the head of
an agency determines that a rule in a final report under subsection
(c)(3) or (c)(4) cannot be changed, modified, or consolidated with
another rule without legislative action, such head shall include in
such final report a description of what legislative changes are
required to implement the recommendations in such final report with
regard to such rule.
SEC. 607. DESIGNATION OF AGENCY REGULATORY REVIEW OFFICERS.
The head of each agency shall designate an officer of the agency as
the Regulatory Review Officer of the agency. The Regulatory Review
Officer of an agency shall be responsible for the implementation of
this title by the agency and shall report directly to the head of the
agency and the Administrator with respect to that responsibility.
SEC. 608. RELATIONSHIP TO THE ADMINISTRATIVE PROCEDURE ACT.
Nothing in this title is intended to supersede the provisions of
chapters 5, 6, and 7 of title 5, United States Code.
SEC. 609. EFFECT OF TERMINATION OF A COVERED RULE.
(a) Effect of Termination, Generally.--If a covered rule is
terminated pursuant to this title--
(1) this title shall not be construed to prevent the
President or an agency from exercising any authority that
otherwise exists to implement the statute under which the rule
was issued;
(2) in an agency proceeding or court action between an
agency and a non-agency party, the rule shall be given no
conclusive legal effect but may be submitted as evidence of
prior agency practice and procedure; and
(3) this title shall not be construed to prevent the
continuation or institution of any enforcement action that is
based on a violation of the rule that occurred before the
effectiveness of the rule terminated.
(b) Effect on Deadlines.--
(1) In general.--Notwithstanding subsection (a), any
deadline for, relating to, or involving any action dependent
upon, any rule terminated under this title is suspended until
the agency that issued the rule issues a new rule on the same
matter, unless otherwise provided by a law.
(2) Deadline defined.--In this subsection, the term
``deadline'' means any date certain for fulfilling any
obligation or exercising any authority established by or under
any Federal rule, or by or under any court order implementing
any Federal rule.
SEC. 610. JUDICIAL REVIEW.
(a) In General.--A denial or substantial inexcusable delay in
granting or denying a petition under section 402(c) shall be considered
final agency action subject to review under section 702 of title 5,
United States Code. A denial of a congressional request under section
402(d) shall not be subject to judicial review.
(b) Time Limitation on Filing a Civil Action.--Notwithstanding any
other provisions of law, an action seeking judicial review of a final
agency action under this title may not be brought--
(1) in the case of a final agency action denying a public
petition under section 402(c) or continuing without change,
modifying, consolidating, or terminating a covered rule, more
than 30 days after the date of that agency action; or
(2) in the case of an action challenging a delay in
deciding on a petition for a rule under section 402(c), more
than 1 year after the period applicable to the rule under
section 402(c)(4).
(c) Availability of Judicial Review Unaffected.--Except to the
extent that there is a direct conflict with the provisions of this
title, nothing in this title is intended to affect the availability or
standard of judicial review for agency regulatory action.
SEC. 611. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Information and Regulatory
Affairs in the Office of Management and Budget.
(2) Agency.--The term ``agency'' has the meaning given that
term in section 551(1) of title 5, United States Code.
(3) Appropriate committee of the congress.--The term
``appropriate committee of the Congress'' means, with respect
to a rule, each standing committee of Congress having authority
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.
(4) Major rule.--The term ``major rule'' means any rule
that the Administrator of the Office of Information and
Regulatory Affairs in 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.
(5) Rule.--
(A) General rule.--Subject to subparagraph (B), the
term ``rule'' means any agency statement of general
applicability and future effect, including agency
guidance documents, designed to implement, interpret,
or prescribe law or policy, or describing the
procedures or practices of an agency, or intended to
assist in such actions, but does not include--
(i) regulations or other agency statements
issued in accordance with formal rulemaking
provisions of sections 556 and 557 of title 5,
United States Code, or in accordance with other
statutory formal rulemaking procedures required
for such regulations or statements;
(ii) regulations or other agency statements
that are limited to agency organization,
management, or personnel matters;
(iii) regulations or other agency
statements issued with respect to a military or
foreign affairs function of the United States;
(iv) regulations, statements, or other
agency actions that are reviewed and usually
modified each year (or more frequently), or are
reviewed regularly and usually modified based
on changing economic or seasonal conditions;
(v) regulations or other agency actions
that grant an approval, license, permit,
registration, or similar authority or that
grant or recognize an exemption or relieve a
restriction, or any agency action necessary to
permit new or improved applications of
technology or to allow the manufacture,
distribution, sale, or use of a substance or
product; and
(vi) regulations or other agency statements
that the Administrator certifies in writing are
necessary for the enforcement of the Federal
criminal laws.
(B) Scope of a rule.--For purposes of this title,
each set of rules designated in the Code of Federal
Regulations as a part shall be treated as one rule.
Each set of rules that do not appear in the Code of
Federal Regulations and that are comparable to a part
of that Code under guidelines established by the
Administrator shall be treated as one rule.
(6) Sunset review.--The term ``sunset review'' means a
review of the rule under this title.
SEC. 612. SUNSET OF THIS TITLE.
This title shall have no force or effect after the 10-year period
beginning on the date of the enactment of this title.
TITLE VII--REGULATION COSTS TO SMALL BUSINESSES AND GRACE PERIOD FOR
REGULATORY VIOLATIONS
SEC. 701. SMALL BUSINESS ADMINISTRATION STUDY ON THE COST OF FEDERAL
REGULATIONS.
(a) In General.--Beginning on the date that is 1 year after the
date of enactment of this title, and annually thereafter, the
Administrator shall conduct an annual study of the total costs to small
business concerns of Federal regulations and the amount that such total
costs have increased over the prior year.
(b) Requirement.--In conducting each study required under
subsection (a), the Administrator shall use the best available
estimates of the costs and the benefits, disaggregated by the agency
issuing the regulation, of each major rule (as defined in section 804
of title 5, United States Code) made after the date of the study in the
prior year resulting in a net cost to small business concerns during
the period to which the report pertains, and of the cumulative costs of
such rules. Such estimates may include estimates produced under the
terms of Executive Order 12866.
(c) Report.--Not later than 90 days after completing a study
required by this section, the Administrator shall submit to the
Committee on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate a report
on the findings of that study.
(d) Funding.--
(1) In general.--The Administration shall carry out this
section using unobligated funds otherwise made available to the
Administration.
(2) Sense of congress regarding funding.--It is the sense
of Congress that no additional funds should be made available
to the Administration to carry out this title.
(e) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively; and
(2) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632).
SEC. 702. GRACE PERIOD FOR REGULATORY VIOLATIONS.
Section 558 of title 5, United States Code, is amended by adding at
the end the following:
``(d) Before any enforcement action is taken on any sanction on a
business for any violation of a rule or pursuant to an adjudication an
agency shall--
``(1) not later than 10 business days after the date on
which the agency determines that a sanction may be imposed on
the business, provide notice to the business that, if the
business is a small business as defined in subsection (k), the
small business may be subject to a sanction at the end of the
grace period described in paragraph (3);
``(2) delay any further action for a period of 15 calendar
days;
``(3) for any small business, defer any further action for
a period of not less than 6 months, less the 15 days described
in paragraph (2), which shall be extended by an additional
period of 3 months on application by the small business
demonstrating reasonable efforts made in good faith to remedy
the violation or other conduct giving rise to the sanction;
``(4) make a further determination after the period
described in paragraph (3) as to whether or not the small
business would still be subject to the sanction as of the end
of that period;
``(5) if the determination under paragraph (4) is that the
small business would not be subject to the sanction, waive the
sanction; and
``(6) if notice is given more than 10 business days after
the date on which the agency determines that a sanction may be
imposed on the business, and the agency determines that the
same sanction may have been imposed on the business 10 business
days prior to the date of the notice, that date of notice shall
be the effective date commencing the grace period described in
paragraph (3).
``(e) The grace period described by subsection (d) shall be
applicable only once per business per rule, but shall cover subsequent
violations of the same rule until it expires.
``(f) The grace period described by subsection (d) shall not apply
to a violation that puts anyone in imminent danger, as defined by the
Occupational Safety and Health Act (29 U.S.C. 662 et seq.).
``(g) Nothing in subsection (d) shall be construed to prevent a
small business from appealing any sanction imposed in accordance with
the procedures of the agency, or from seeking review under chapter 7 of
this title.
``(h) Any sanction by an agency on a small business for any
violation of a rule or pursuant to an adjudication, absent proof of
written notice of the sanction and the date on which the agency
determined that a sanction may be imposed, or in violation of
subsection (d)(3), shall be null and void.
``(i) Federal agencies shall report annually to the Ombudsman on
the utilization of this directive and disclose the penalty mitigation
for small businesses.
``(j) The Ombudsman shall include in its annual report to Congress
the agency reports described by subsection (i) and a summary of the
findings.
``(k) For purposes of this section--
``(1) term `small business' is defined as any sole
proprietorship, partnership, corporation, limited liability
company, or other business entity, that--
``(A) had less than $10,000,000 in gross receipts
in the preceding calendar year;
``(B) is considered a `small-business concern' as
such term is defined pursuant to Section 3(a) of the
Small Business Act (15 U.S.C. 632(a));
``(C) employed fewer than 200 individuals in the
preceding calendar year; or
``(D) had CPI adjusted gross receipts of less than
$10,000,000 in the preceding year;
``(2) the term `Ombudsman' has the same meaning given such
term in section 30(a) of the Small Business Act (15 U.S.C.
657(a));
``(3) the term `consumer price index' means the consumer
price index for all urban consumers published by the Department
of Labor; and
``(4) the term `CPI adjusted gross receipts' means the
amount of gross receipts, divided by the consumer price index
for calendar year 2012, and multiplied by the consumer price
index for the preceding calendar year, rounded to the nearest
multiple of $100,000 (or, if midway between multiples of
$100,000, to the next higher multiple of $100,000).''.
TITLE VIII--MAJOR RULES OF THE EXECUTIVE BRANCH BE APPROVED BY CONGRESS
SEC. 801. 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 clauses (i) through (iii) of section 804(2)(A)
or within section 804(2)(B);
``(iv) a list of any other related regulatory actions taken
by or that will be taken by the Federal agency promulgating the
rule that are intended to implement the same statutory
provision or regulatory objective as well as the individual and
aggregate economic effects of those actions;
``(v) a list of any other related regulatory actions taken
by or that will be taken by any other Federal agency with
authority to implement the same statutory provision or
regulatory objective that are intended to implement such
provision or objective, of which the Federal agency
promulgating the rule is aware, as well as the individual and
aggregate economic effects of those actions; and
``(vi) 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. The report of the
Comptroller General shall include an assessment of the agency's
compliance with procedural steps required by paragraph (1)(B) and an
assessment of whether the major rule imposes any new limits or mandates
on private-sector activity.
``(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) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
``(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--
``(A) has resulted in or is likely to result in--
``(i) an annual effect on the economy of
$50,000,000 or more;
``(ii) a major increase in costs or prices
for consumers, individual industries, Federal,
State, or local government agencies, or
geographic regions; or
``(iii) 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;
``(B) is made by the Administrator of the
Environmental Protection Agency and that would have a
significant impact on a substantial number of
agricultural entities, as determined by the Secretary
of Agriculture (who shall publish such determination in
the Federal Register);
``(C) is a rule that implements or provides for the
imposition or collection of a carbon tax; or
``(D) is made under the Patient Protection and
Affordable Care Act (Public Law 111-148).
``(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 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.
``(5) The term `submission date or publication date',
except as otherwise provided in this chapter, means--
``(A) in the case of a major rule, the date on
which the Congress receives the report submitted under
section 801(a)(1); and
``(B) in the case of a nonmajor rule, the later
of--
``(i) the date on which the Congress
receives the report submitted under section
801(a)(1); and
``(ii) the date on which the nonmajor rule
is published in the Federal Register, if so
published.
``(6) The term `agricultural entity' means any entity
involved in or related to agricultural enterprise, including
enterprises that are engaged in the business of production of
food and fiber, ranching and raising of livestock, aquaculture,
and all other farming and agricultural related industries.
``(7) The term `carbon tax' means a fee, levy, or price
on--
``(A) emissions, including carbon dioxide emissions
generated by the burning of coal, natural gas, or oil;
or
``(B) coal, natural gas, or oil based on emissions,
including carbon dioxide emissions that would be
generated through the fuel's combustion.
``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. 802. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5,
UNITED STATES CODE.
Section 257(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by adding at the end the following new
subparagraph:
``(E) Budgetary effects of rules subject to section
802 of title 5, united states code.--Any rules subject
to the congressional approval procedure set forth in
section 802 of chapter 8 of title 5, United States
Code, affecting budget authority, outlays, or receipts
shall be assumed to be effective unless it is not
approved in accordance with such section.''.
SEC. 803. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.
(a) In General.--The Comptroller General of the United States shall
conduct a study to determine, as of the date of the enactment of this
Act--
(1) how many rules (as such term is defined in section 804
of title 5, United States Code) were in effect;
(2) how many major rules (as such term is defined in
section 804 of title 5, United States Code) were in effect; and
(3) the total estimated economic cost imposed by all such
rules.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress that contains the findings of the
study conducted under subsection (a).
TITLE IX--SIMPLIFICATION OF MERGERS, ACQUISITIONS AND SALES OF SMALL
BUSINESS
SEC. 901. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.
(a) Registration Exemption.--Section 15(b) of the Securities
Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end
the following:
``(13) Registration exemption for merger and acquisition
brokers.--
``(A) In general.--Except as provided in
subparagraph (B), an M&A broker shall be exempt from
registration under this section.
``(B) Excluded activities.--An M&A broker is not
exempt from registration under this paragraph if such
broker does any of the following:
``(i) Directly or indirectly, in connection
with the transfer of ownership of an eligible
privately held company, receives, holds,
transmits, or has custody of the funds or
securities to be exchanged by the parties to
the transaction.
``(ii) Engages on behalf of an issuer in a
public offering of any class of securities that
is registered, or is required to be registered,
with the Commission under section 12 or with
respect to which the issuer files, or is
required to file, periodic information,
documents, and reports under subsection (d).
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to limit any other
authority of the Commission to exempt any person, or
any class of persons, from any provision of this title,
or from any provision of any rule or regulation
thereunder.
``(D) Definitions.--In this paragraph:
``(i) Control.--The term `control' means
the power, directly or indirectly, to direct
the management or policies of a company,
whether through ownership of securities, by
contract, or otherwise. There is a presumption
of control for any person who--
``(I) is a director, general
partner, member or manager of a limited
liability company, or officer
exercising executive responsibility (or
has similar status or functions);
``(II) has the right to vote 20
percent or more of a class of voting
securities or the power to sell or
direct the sale of 20 percent or more
of a class of voting securities; or
``(III) in the case of a
partnership or limited liability
company, has the right to receive upon
dissolution, or has contributed, 20
percent or more of the capital.
``(ii) Eligible privately held company.--
The term `eligible privately held company'
means a company that meets both of the
following conditions:
``(I) The company does not have any
class of securities registered, or
required to be registered, with the
Commission under section 12 or with
respect to which the company files, or
is required to file, periodic
information, documents, and reports
under subsection (d).
``(II) In the fiscal year ending
immediately before the fiscal year in
which the services of the M&A broker
are initially engaged with respect to
the securities transaction, the company
meets either or both of the following
conditions (determined in accordance
with the historical financial
accounting records of the company):
``(aa) The earnings of the
company before interest, taxes,
depreciation, and amortization
are less than $25,000,000.
``(bb) The gross revenues
of the company are less than
$250,000,000.
``(iii) M&A broker.--The term `M&A broker'
means a broker, and any person associated with
a broker, engaged in the business of effecting
securities transactions solely in connection
with the transfer of ownership of an eligible
privately held company, regardless of whether
the broker acts on behalf of a seller or buyer,
through the purchase, sale, exchange, issuance,
repurchase, or redemption of, or a business
combination involving, securities or assets of
the eligible privately held company, if the
broker reasonably believes that--
``(I) upon consummation of the
transaction, any person acquiring
securities or assets of the eligible
privately held company, acting alone or
in concert, will control and, directly
or indirectly, will be active in the
management of the eligible privately
held company or the business conducted
with the assets of the eligible
privately held company; and
``(II) if any person is offered
securities in exchange for securities
or assets of the eligible privately
held company, such person will, prior
to becoming legally bound to consummate
the transaction, receive or have
reasonable access to the most recent
year-end balance sheet, income
statement, statement of changes in
financial position, and statement of
owner's equity of the issuer of the
securities offered in exchange, and, if
the financial statements of the issuer
are audited, the related report of the
independent auditor, a balance sheet
dated not more than 120 days before the
date of the offer, and information
pertaining to the management, business,
results of operations for the period
covered by the foregoing financial
statements, and material loss
contingencies of the issuer.
``(E) Inflation adjustment.--
``(i) In general.--On the date that is 5
years after the date of the enactment of the
Small Business Mergers, Acquisitions, Sales,
and Brokerage Simplification Act of 2014, and
every 5 years thereafter, each dollar amount in
subparagraph (D)(ii)(II) shall be adjusted by--
``(I) dividing the annual value of
the Employment Cost Index For Wages and
Salaries, Private Industry Workers (or
any successor index), as published by
the Bureau of Labor Statistics, for the
calendar year preceding the calendar
year in which the adjustment is being
made by the annual value of such index
(or successor) for the calendar year
ending December 31, 2012; and
``(II) multiplying such dollar
amount by the quotient obtained under
subclause (I).
``(ii) Rounding.--Each dollar amount
determined under clause (i) shall be rounded to
the nearest multiple of $100,000.''.
(b) Effective Date.--This title and any amendment made by this
title shall take effect on the date that is 90 days after the date of
the enactment of this Act.
DIVISION III--ENERGY
TITLE X--OFFSHORE ENERGY AND JOBS ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Offshore Energy and Jobs Act''.
Subtitle A--Outer Continental Shelf Leasing Program Reforms
SEC. 1011. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS.
Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(a)) is amended by adding at the end the following:
``(5)(A) In each oil and gas leasing program under this
section, the Secretary shall make available for leasing and
conduct lease sales including at least 50 percent of the
available unleased acreage within each outer Continental Shelf
planning area considered to have the largest undiscovered,
technically recoverable oil and gas resources (on a total btu
basis) based upon the most recent national geologic assessment
of the outer Continental Shelf, with an emphasis on offering
the most geologically prospective parts of the planning area.
``(B) The Secretary shall include in each proposed oil and
gas leasing program under this section any State subdivision of
an outer Continental Shelf planning area that the Governor of
the State that represents that subdivision requests be made
available for leasing. The Secretary may not remove such a
subdivision from the program until publication of the final
program, and shall include and consider all such subdivisions
in any environmental review conducted and statement prepared
for such program under section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
``(C) In this paragraph the term `available unleased
acreage' means that portion of the outer Continental Shelf that
is not under lease at the time of a proposed lease sale, and
that has not otherwise been made unavailable for leasing by
law.
``(6)(A) In the 5-year oil and gas leasing program, the
Secretary shall make available for leasing any outer
Continental Shelf planning areas that--
``(i) are estimated to contain more than
2,500,000,000 barrels of oil; or
``(ii) are estimated to contain more than
7,500,000,000,000 cubic feet of natural gas.
``(B) To determine the planning areas described in
subparagraph (A), the Secretary shall use the document entitled
`Minerals Management Service Assessment of Undiscovered
Technically Recoverable Oil and Gas Resources of the Nation's
Outer Continental Shelf, 2006'.''.
SEC. 1012. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.
Section 18(b) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(b)) is amended to read as follows:
``(b) Domestic Oil and Natural Gas Production Goal.---
``(1) In general.--In developing a 5-year oil and gas
leasing program, and subject to paragraph (2), the Secretary
shall determine a domestic strategic production goal for the
development of oil and natural gas as a result of that program.
Such goal shall be--
``(A) the best estimate of the possible increase in
domestic production of oil and natural gas from the
outer Continental Shelf;
``(B) focused on meeting domestic demand for oil
and natural gas and reducing the dependence of the
United States on foreign energy; and
``(C) focused on the production increases achieved
by the leasing program at the end of the 15-year period
beginning on the effective date of the program.
``(2) Program goal.--For purposes of the 5-year oil and gas
leasing program, the production goal referred to in paragraph
(1) shall be an increase by 2032 of--
``(A) no less than 3,000,000 barrels in the amount
of oil produced per day; and
``(B) no less than 10,000,000,000 cubic feet in the
amount of natural gas produced per day.
``(3) Reporting.--The Secretary shall report annually,
beginning at the end of the 5-year period for which the program
applies, 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 the program in
meeting the production goal. The Secretary shall identify in
the report projections for production and any problems with
leasing, permitting, or production that will prevent meeting
the goal.''.
SEC. 1013. DEVELOPMENT AND SUBMITTAL OF NEW 5-YEAR OIL AND GAS LEASING
PROGRAM.
(a) In General.--The Secretary of the Interior shall--
(1) by not later than July 15, 2014, publish and submit to
Congress a new proposed oil and gas leasing program under
section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) for the 5-year period beginning on such date and ending
July 15, 2020; and
(2) by not later than July 15, 2015, approve a final oil
and gas leasing program under such section for such period.
(b) Consideration of All Areas.--In preparing such program the
Secretary shall include consideration of areas of the Continental Shelf
off the coasts of all States (as such term is defined in section 2 of
that Act, as amended by this title), that are subject to leasing under
this title.
(c) Technical Correction.--Section 18(d)(3) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1344(d)(3)) is amended by
striking ``or after eighteen months following the date of enactment of
this section, whichever first occurs,''.
SEC. 1014. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to authorize the issuance
of a lease under the Outer Continental Shelf Lands Act (43 U.S.C. 1331
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).
Subtitle B--Directing the President To Conduct New OCS Sales in
Virginia, South Carolina, and California
SEC. 1021. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220
ON THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.
(a) In General.--Notwithstanding the exclusion of Lease Sale 220 in
the Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017,
the Secretary of the Interior shall conduct offshore oil and gas Lease
Sale 220 under section 8 of the Outer Continental Shelf Lands Act (43
U.S.C. 1337) as soon as practicable, but not later than one year after
the date of enactment of this Act.
(b) Requirement To Make Replacement Lease Blocks Available.--For
each lease block in a proposed lease sale under this section for which
the Secretary of Defense, in consultation with the Secretary of the
Interior, under the Memorandum of Agreement referred to in section
1025(b), issues a statement proposing deferral from a lease offering
due to defense-related activities that are irreconcilable with mineral
exploration and development, the Secretary of the Interior, in
consultation with the Secretary of Defense, shall make available in the
same lease sale one other lease block in the Virginia lease sale
planning area that is acceptable for oil and gas exploration and
production in order to mitigate conflict.
(c) Balancing Military and Energy Production Goals.--In recognition
that the Outer Continental Shelf oil and gas leasing program and the
domestic energy resources produced therefrom are integral to national
security, the Secretary of the Interior and the Secretary of Defense
shall work jointly in implementing this section in order to ensure
achievement of the following common goals:
(1) Preserving the ability of the Armed Forces of the
United States to maintain an optimum state of readiness through
their continued use of the Outer Continental Shelf.
(2) Allowing effective exploration, development, and
production of our Nation's oil, gas, and renewable energy
resources.
(d) Definitions.--In this section:
(1) Lease sale 220.--The term ``Lease Sale 220'' means such
lease sale referred to in the Request for Comments on the Draft
Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas
Leasing Program for 2010-2015 and Notice of Intent To Prepare
an Environmental Impact Statement (EIS) for the Proposed 5-Year
Program published January 21, 2009 (74 Fed. Reg. 3631).
(2) Virginia lease sale planning area.--The term ``Virginia
lease sale planning area'' means the area of the outer
Continental Shelf (as that term is defined in the Outer
Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that is
bounded by--
(A) a northern boundary consisting of a straight
line extending from the northernmost point of
Virginia's seaward boundary to the point on the seaward
boundary of the United States exclusive economic zone
located at 37 degrees 17 minutes 1 second North
latitude, 71 degrees 5 minutes 16 seconds West
longitude; and
(B) a southern boundary consisting of a straight
line extending from the southernmost point of
Virginia's seaward boundary to the point on the seaward
boundary of the United States exclusive economic zone
located at 36 degrees 31 minutes 58 seconds North
latitude, 71 degrees 30 minutes 1 second West
longitude.
SEC. 1022. SOUTH CAROLINA LEASE SALE.
Notwithstanding inclusion of the South Atlantic Outer Continental
Shelf Planning Area in the Final Outer Continental Shelf Oil & Gas
Leasing Program 2012-2017, the Secretary of the Interior shall conduct
a lease sale not later than 2 years after the date of the enactment of
this Act for areas off the coast of South Carolina determined by the
Secretary to have the most geologically promising hydrocarbon resources
and constituting not less than 25 percent of the leasable area within
the South Carolina offshore administrative boundaries depicted in the
notice entitled ``Federal Outer Continental Shelf (OCS) Administrative
Boundaries Extending from the Submerged Lands Act Boundary seaward to
the Limit of the United States Outer Continental Shelf'', published
January 3, 2006 (71 Fed. Reg. 127).
SEC. 1023. SOUTHERN CALIFORNIA EXISTING INFRASTRUCTURE LEASE SALE.
(a) In General.--The Secretary of the Interior shall offer for sale
leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of
the Southern California OCS Planning Area as soon as practicable, but
not later than December 31, 2014.
(b) Use of Existing Structures or Onshore-Based Drilling.--The
Secretary of the Interior shall include in leases offered for sale
under this lease sale such terms and conditions as are necessary to
require that development and production may occur only from offshore
infrastructure in existence on the date of the enactment of this Act or
from onshore-based, extended-reach drilling.
SEC. 1024. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.
(a) In General.--For the purposes of this title, the Secretary of
the Interior shall prepare a multisale environmental impact statement
under section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) for all lease sales required under this subtitle.
(b) Actions To Be Considered.--Notwithstanding section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332), in such
statement--
(1) the Secretary is not required to identify nonleasing
alternative courses of action or to analyze the environmental
effects of such alternative courses of action; and
(2) the Secretary shall only--
(A) identify a preferred action for leasing and not
more than one alternative leasing proposal; and
(B) analyze the environmental effects and potential
mitigation measures for such preferred action and such
alternative leasing proposal.
SEC. 1025. NATIONAL DEFENSE.
(a) National Defense Areas.--This title does not affect the
existing authority of the Secretary of Defense, with the approval of
the President, to designate national defense areas on the Outer
Continental Shelf pursuant to section 12(d) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1341(d)).
(b) Prohibition on Conflicts With Military Operations.--No person
may engage in any exploration, development, or production of oil or
natural gas on the Outer Continental Shelf under a lease issued under
this title that would conflict with any military operation, as
determined in accordance with the Memorandum of Agreement between the
Department of Defense and the Department of the Interior on Mutual
Concerns on the Outer Continental Shelf signed July 20, 1983, and any
revision or replacement for that agreement that is agreed to by the
Secretary of Defense and the Secretary of the Interior after that date
but before the date of issuance of the lease under which such
exploration, development, or production is conducted.
SEC. 1026. OPENING THE EASTERN GULF OF MEXICO FOR EXPLORATION.
(a) Repeal.--Section 104 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 repealed.
(b) Exchanges Not Affected.--Subsection (a) of this section shall
not affect any exchange made before the date of the enactment of this
Act.
Subtitle C--Equitable Sharing of Outer Continental Shelf Revenues
SEC. 1031. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO COASTAL
STATES.
(a) In General.--Section 9 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1338) is amended--
(1) in the existing text--
(A) in the first sentence, by striking ``All
rentals,'' and inserting the following:
``(c) Disposition of Revenue Under Old Leases.--All rentals,''; and
(B) in subsection (c) (as designated by the
amendment made by subparagraph (A) of this paragraph),
by striking ``for the period from June 5, 1950, to
date, and thereafter'' and inserting ``in the period
beginning June 5, 1950, and ending on the date of
enactment of the Offshore Energy and Jobs Act'';
(2) by adding after subsection (c) (as so designated) the
following:
``(d) Definitions.--In this section:
``(1) Coastal state.--The term `coastal State' includes a
territory of the United States.
``(2) New leasing revenues.--The term `new leasing
revenues'--
``(A) means amounts received by the United States
as bonuses, rents, and royalties under leases for oil
and gas, wind, tidal, or other energy exploration,
development, and production on new areas of the outer
Continental Shelf that are authorized to be made
available for leasing as a result of enactment of the
Offshore Energy and Jobs Act and leasing under that
Act; and
``(B) does not include amounts received by the
United States under any lease of an area located in the
boundaries of the Central Gulf of Mexico and Western
Gulf of Mexico Outer Continental Shelf Planning Areas
on the date of enactment of the Offshore Energy and
Jobs Act, including a lease issued before, on, or after
such date of enactment.''; and
(3) by inserting before subsection (c) (as so designated)
the following:
``(a) Payment of New Leasing Revenues to Coastal States.--
``(1) In general.--Except as provided in paragraph (2), of
the amount of new leasing revenues received by the United
States each fiscal year, 37.5 percent shall be allocated and
paid in accordance with subsection (b) to coastal States that
are affected States with respect to the leases under which
those revenues are received by the United States.
``(2) Phase-in.--
``(A) In general.--Except as provided in
subparagraph (B), paragraph (1) shall be applied--
``(i) with respect to new leasing revenues
under leases awarded under the first leasing
program under section 18(a) that takes effect
after the date of enactment of the Offshore
Energy and Jobs Act, by substituting `12.5
percent' for `37.5 percent'; and
``(ii) with respect to new leasing revenues
under leases awarded under the second leasing
program under section 18(a) that takes effect
after the date of enactment of the Offshore
Energy and Jobs Act, by substituting `25
percent' for `37.5 percent'.
``(B) Exempted lease sales.--This paragraph shall
not apply with respect to any lease issued under title
II of the Offshore Energy and Jobs Act.
``(b) Allocation of Payments.--
``(1) In general.--The amount of new leasing revenues
received by the United States with respect to a leased tract
that are required to be paid to coastal States in accordance
with this subsection each fiscal year shall be allocated among
and paid to coastal States that are within 200 miles of the
leased tract, in amounts that are inversely proportional to the
respective distances between the point on the coastline of each
such State that is closest to the geographic center of the
lease tract, as determined by the Secretary.
``(2) Minimum and maximum allocation.--The amount allocated
to a coastal State under paragraph (1) each fiscal year with
respect to a leased tract shall be--
``(A) in the case of a coastal State that is the
nearest State to the geographic center of the leased
tract, not less than 25 percent of the total amounts
allocated with respect to the leased tract;
``(B) in the case of any other coastal State, not
less than 10 percent, and not more than 15 percent, of
the total amounts allocated with respect to the leased
tract; and
``(C) in the case of a coastal State that is the
only coastal State within 200 miles of a leased tract,
100 percent of the total amounts allocated with respect
to the leased tract.
``(3) Administration.--Amounts allocated to a coastal State
under this subsection--
``(A) shall be available to the coastal State
without further appropriation;
``(B) shall remain available until expended;
``(C) shall be in addition to any other amounts
available to the coastal State under this Act; and
``(D) shall be distributed in the fiscal year
following receipt.
``(4) Use of funds.--
``(A) In general.--Except as provided in
subparagraph (B), a coastal State may use funds
allocated and paid to it under this subsection for any
purpose as determined by the laws of that State.
``(B) Restriction on use for matching.--Funds
allocated and paid to a coastal State under this
subsection may not be used as matching funds for any
other Federal program.''.
(b) Limitation on Application.--This section and the amendment made
by this section 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.
Subtitle D--Reorganization of Minerals Management Agencies of the
Department of the Interior
SEC. 1041. ESTABLISHMENT OF UNDER SECRETARY FOR ENERGY, LANDS, AND
MINERALS AND ASSISTANT SECRETARY OF OCEAN ENERGY AND
SAFETY.
There shall be in the Department of the Interior--
(1) an Under Secretary for Energy, Lands, and Minerals, who
shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Secretary of the Interior or, if
directed by the Secretary, to the Deputy Secretary of
the Interior;
(C) be paid at the rate payable for level III of
the Executive Schedule; and
(D) be responsible for--
(i) the safe and responsible development of
our energy and mineral resources on Federal
lands in appropriate accordance with United
States energy demands; and
(ii) ensuring multiple-use missions of the
Department of the Interior that promote the
safe and sustained development of energy and
minerals resources on public lands (as that
term is defined in the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.));
(2) an Assistant Secretary of Ocean Energy and Safety, who
shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Under Secretary for Energy,
Lands, and Minerals;
(C) be paid at the rate payable for level IV of the
Executive Schedule; and
(D) be responsible for ensuring safe and efficient
development of energy and minerals on the Outer
Continental Shelf of the United States; and
(3) an Assistant Secretary of Land and Minerals Management,
who shall--
(A) be appointed by the President, by and with the
advise and consent of the Senate;
(B) report to the Under Secretary for Energy,
Lands, and Minerals;
(C) be paid at the rate payable for level IV of the
Executive Schedule; and
(D) be responsible for ensuring safe and efficient
development of energy and minerals on public lands and
other Federal onshore lands under the jurisdiction of
the Department of the Interior, including
implementation of the Mineral Leasing Act (30 U.S.C.
181 et seq.) and the Surface Mining Control and
Reclamation Act (30 U.S.C. 1201 et seq.) and
administration of the Office of Surface Mining.
SEC. 1042. BUREAU OF OCEAN ENERGY.
(a) Establishment.--There is established in the Department of the
Interior a Bureau of Ocean Energy (referred to in this section as the
``Bureau''), which shall--
(1) be headed by a Director of Ocean Energy (referred to in
this section as the ``Director''); and
(2) be administered under the direction of the Assistant
Secretary of Ocean Energy and Safety.
(b) Director.--
(1) Appointment.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out through the Bureau all functions, powers, and duties vested
in the Secretary relating to the administration of a
comprehensive program of offshore mineral and renewable energy
resources management.
(2) Specific authorities.--The Director shall promulgate
and implement regulations--
(A) for the proper issuance of leases for the
exploration, development, and production of
nonrenewable and renewable energy and mineral resources
on the Outer Continental Shelf;
(B) relating to resource identification, access,
evaluation, and utilization;
(C) for development of leasing plans, lease sales,
and issuance of leases for such resources; and
(D) regarding issuance of environmental impact
statements related to leasing and post leasing
activities including exploration, development, and
production, and the use of third party contracting for
necessary environmental analysis for the development of
such resources.
(3) Limitation.--The Secretary shall not carry out through
the Bureau any function, power, or duty that is--
(A) required by section 1043 to be carried out
through the Ocean Energy Safety Service; or
(B) required by section 1044 to be carried out
through the Office of Natural Resources Revenue.
(d) Responsibilities of Land Management Agencies.--Nothing in this
section shall affect the authorities of the Bureau of Land Management
under the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) or of the Forest Service under the National Forest
Management Act of 1976 (Public Law 94-588).
SEC. 1043. OCEAN ENERGY SAFETY SERVICE.
(a) Establishment.--There is established in the Department of the
Interior an Ocean Energy Safety Service (referred to in this section as
the ``Service''), which shall--
(1) be headed by a Director of Energy Safety (referred to
in this section as the ``Director''); and
(2) be administered under the direction of the Assistant
Secretary of Ocean Energy and Safety.
(b) Director.--
(1) Appointment.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out through the Service all functions, powers, and duties
vested in the Secretary relating to the administration of
safety and environmental enforcement activities related to
offshore mineral and renewable energy resources on the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) including the authority to
develop, promulgate, and enforce regulations to ensure the safe
and sound exploration, development, and production of mineral
and renewable energy resources on the Outer Continental Shelf
in a timely fashion.
(2) Specific authorities.--The Director shall be
responsible for all safety activities related to exploration
and development of renewable and mineral resources on the Outer
Continental Shelf, including--
(A) exploration, development, production, and
ongoing inspections of infrastructure;
(B) the suspending or prohibiting, on a temporary
basis, any operation or activity, including production
under leases held on the Outer Continental Shelf, in
accordance with section 5(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1334(a)(1));
(C) cancelling any lease, permit, or right-of-way
on the Outer Continental Shelf, in accordance with
section 5(a)(2) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1334(a)(2));
(D) compelling compliance with applicable Federal
laws and regulations relating to worker safety and
other matters;
(E) requiring comprehensive safety and
environmental management programs for persons engaged
in activities connected with the exploration,
development, and production of mineral or renewable
energy resources;
(F) developing and implementing regulations for
Federal employees to carry out any inspection or
investigation to ascertain compliance with applicable
regulations, including health, safety, or environmental
regulations;
(G) implementing the Offshore Technology Research
and Risk Assessment Program under section 21 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1347);
(H) summoning witnesses and directing the
production of evidence;
(I) levying fines and penalties and disqualifying
operators;
(J) carrying out any safety, response, and removal
preparedness functions; and
(K) the processing of permits, exploration plans,
development plans.
(d) Employees.--
(1) In general.--The Secretary shall ensure that the
inspection force of the Bureau consists of qualified, trained
employees who meet qualification requirements and adhere to the
highest professional and ethical standards.
(2) Qualifications.--The qualification requirements
referred to in paragraph (1)--
(A) shall be determined by the Secretary, subject
to subparagraph (B); and
(B) shall include--
(i) three years of practical experience in
oil and gas exploration, development, or
production; or
(ii) a degree in an appropriate field of
engineering from an accredited institution of
higher learning.
(3) Assignment.--In assigning oil and gas inspectors to the
inspection and investigation of individual operations, the
Secretary shall give due consideration to the extent possible
to their previous experience in the particular type of oil and
gas operation in which such inspections are to be made.
(4) Background checks.--The Director shall require that an
individual to be hired as an inspection officer undergo an
employment investigation (including a criminal history record
check).
(5) Language requirements.--Individuals hired as inspectors
must be able to read, speak, and write English well enough to--
(A) carry out written and oral instructions
regarding the proper performance of inspection duties;
and
(B) write inspection reports and statements and log
entries in the English language.
(6) Veterans preference.--The Director shall provide a
preference for the hiring of an individual as a inspection
officer if the individual is a member or former member of the
Armed Forces and is entitled, under statute, to retired,
retirement, or retainer pay on account of service as a member
of the Armed Forces.
(7) Annual proficiency review.--
(A) Annual proficiency review.--The Director shall
provide that an annual evaluation of each individual
assigned inspection duties is conducted and documented.
(B) Continuation of employment.--An individual
employed as an inspector may not continue to be
employed in that capacity unless the evaluation
demonstrates that the individual--
(i) continues to meet all qualifications
and standards;
(ii) has a satisfactory record of
performance and attention to duty based on the
standards and requirements in the inspection
program; and
(iii) demonstrates the current knowledge
and skills necessary to courteously,
vigilantly, and effectively perform inspection
functions.
(8) Limitation on right to strike.--Any individual that
conducts permitting or inspections under this section may not
participate in a strike, or assert the right to strike.
(9) Personnel authority.--Notwithstanding any other
provision of law, the Director may employ, appoint, discipline
and terminate for cause, and fix the compensation, terms, and
conditions of employment of Federal service for individuals as
the employees of the Service in order to restore and maintain
the trust of the people of the United States in the
accountability of the management of our Nation's energy safety
program.
(10) Training academy.--
(A) In general.--The Secretary shall establish and
maintain a National Offshore Energy Safety Academy
(referred to in this paragraph as the ``Academy'') as
an agency of the Ocean Energy Safety Service.
(B) Functions of academy.--The Secretary, through
the Academy, shall be responsible for--
(i) the initial and continued training of
both newly hired and experienced offshore oil
and gas inspectors in all aspects of health,
safety, environmental, and operational
inspections;
(ii) the training of technical support
personnel of the Bureau;
(iii) any other training programs for
offshore oil and gas inspectors, Bureau
personnel, Department personnel, or other
persons as the Secretary shall designate; and
(iv) certification of the successful
completion of training programs for newly hired
and experienced offshore oil and gas
inspectors.
(C) Cooperative agreements.--
(i) In general.--In performing functions
under this paragraph, and subject to clause
(ii), the Secretary may enter into cooperative
educational and training agreements with
educational institutions, related Federal
academies, other Federal agencies, State
governments, safety training firms, and oil and
gas operators and related industries.
(ii) Training requirement.--Such training
shall be conducted by the Academy in accordance
with curriculum needs and assignment of
instructional personnel established by the
Secretary.
(11) Use of department personnel.--In performing functions
under this subsection, the Secretary shall use, to the extent
practicable, the facilities and personnel of the Department of
the Interior. The Secretary may appoint or assign to the
Academy such officers and employees as the Secretary considers
necessary for the performance of the duties and functions of
the Academy.
(12) Additional training programs.--
(A) In general.--The Secretary shall work with
appropriate educational institutions, operators, and
representatives of oil and gas workers to develop and
maintain adequate programs with educational
institutions and oil and gas operators that are
designed--
(i) to enable persons to qualify for
positions in the administration of this title;
and
(ii) to provide for the continuing
education of inspectors or other appropriate
Department of the Interior personnel.
(B) Financial and technical assistance.--The
Secretary may provide financial and technical
assistance to educational institutions in carrying out
this paragraph.
(e) Limitation.--The Secretary shall not carry out through the
Service any function, power, or duty that is--
(1) required by section 1042 to be carried out through
Bureau of Ocean Energy; or
(2) required by section 1044 to be carried out through the
Office of Natural Resources Revenue.
SEC. 1044. OFFICE OF NATURAL RESOURCES REVENUE.
(a) Establishment.--There is established in the Department of the
Interior an Office of Natural Resources Revenue (referred to in this
section as the ``Office'') to be headed by a Director of Natural
Resources Revenue (referred to in this section as the ``Director'').
(b) Appointment and Compensation.--
(1) In general.--The Director shall be appointed by the
Secretary of the Interior.
(2) Compensation.--The Director shall be compensated at the
rate provided for Level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary of the Interior shall carry
out, through the Office, all functions, powers, and duties
vested in the Secretary and relating to the administration of
offshore royalty and revenue management functions.
(2) Specific authorities.--The Secretary shall carry out,
through the Office, all functions, powers, and duties
previously assigned to the Minerals Management Service
(including the authority to develop, promulgate, and enforce
regulations) regarding offshore royalty and revenue collection;
royalty and revenue distribution; auditing and compliance;
investigation and enforcement of royalty and revenue
regulations; and asset management for onshore and offshore
activities.
(d) Limitation.--The Secretary shall not carry out through the
Office any function, power, or duty that is--
(1) required by section 1042 to be carried out through
Bureau of Ocean Energy; or
(2) required by section 1043 to be carried out through the
Ocean Energy Safety Service.
SEC. 1045. ETHICS AND DRUG TESTING.
(a) Certification.--The Secretary of the Interior shall certify
annually that all Department of the Interior officers and employees
having regular, direct contact with lessees, contractors,
concessionaires, and other businesses interested before the Government
as a function of their official duties, or conducting investigations,
issuing permits, or responsible for oversight of energy programs, are
in full compliance with all Federal employee ethics laws and
regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.)
and part 2635 of title 5, Code of Federal Regulations, and all guidance
issued under subsection (c).
(b) Drug Testing.--The Secretary shall conduct a random drug
testing program of all Department of the Interior personnel referred to
in subsection (a).
(c) Guidance.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall issue supplementary ethics and drug
testing guidance for the employees for which certification is required
under subsection (a). The Secretary shall update the supplementary
ethics guidance not less than once every 3 years thereafter.
SEC. 1046. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE.
(a) Abolishment.--The Minerals Management Service is abolished.
(b) Completed Administrative Actions.--
(1) In general.--Completed administrative actions of the
Minerals Management Service shall not be affected by the
enactment of this Act, but shall continue in effect according
to their terms until amended, modified, superseded, terminated,
set aside, or revoked in accordance with law by an officer of
the United States or a court of competent jurisdiction, or by
operation of law.
(2) Completed administrative action defined.--For purposes
of paragraph (1), the term ``completed administrative action''
includes orders, determinations, memoranda of understanding,
memoranda of agreements, rules, regulations, personnel actions,
permits, agreements, grants, contracts, certificates, licenses,
registrations, and privileges.
(c) Pending Proceedings.--Subject to the authority of the Secretary
of the Interior and the officers of the Department of the Interior
under this title--
(1) pending proceedings in the Minerals Management Service,
including notices of proposed rulemaking, and applications for
licenses, permits, certificates, grants, and financial
assistance, shall continue, notwithstanding the enactment of
this title or the vesting of functions of the Service in
another agency, unless discontinued or modified under the same
terms and conditions and to the same extent that such
discontinuance or modification could have occurred if this
title had not been enacted; and
(2) orders issued in such proceedings, and appeals
therefrom, and payments made pursuant to such orders, shall
issue in the same manner and on the same terms as if this title
had not been enacted, and any such orders shall continue in
effect until amended, modified, superseded, terminated, set
aside, or revoked by an officer of the United States or a court
of competent jurisdiction, or by operation of law.
(d) Pending Civil Actions.--Subject to the authority of the
Secretary of the Interior or any officer of the Department of the
Interior under this title, pending civil actions shall continue
notwithstanding the enactment of this Act, and in such civil actions,
proceedings shall be had, appeals taken, and judgments rendered and
enforced in the same manner and with the same effect as if such
enactment had not occurred.
(e) References.--References relating to the Minerals Management
Service in statutes, Executive orders, rules, regulations, directives,
or delegations of authority that precede the effective date of this
title are deemed to refer, as appropriate, to the Department, to its
officers, employees, or agents, or to its corresponding organizational
units or functions. Statutory reporting requirements that applied in
relation to the Minerals Management Service immediately before the
effective date of this title shall continue to apply.
SEC. 1047. CONFORMING AMENDMENTS TO EXECUTIVE SCHEDULE PAY RATES.
(a) Under Secretary for Energy, Lands, and Minerals.--Section 5314
of title 5, United States Code, is amended by inserting after the item
relating to ``Under Secretaries of the Treasury (3).'' the following:
``Under Secretary for Energy, Lands, and Minerals,
Department of the Interior.''.
(b) Assistant Secretaries.--Section 5315 of title 5, United States
Code, is amended by striking ``Assistant Secretaries of the Interior
(6).'' and inserting the following:
``Assistant Secretaries, Department of the Interior (7).''.
(c) Directors.--Section 5316 of title 5, United States Code, is
amended by striking ``Director, Bureau of Mines, Department of the
Interior.'' and inserting the following new items:
``Director, Bureau of Ocean Energy, Department of the
Interior.
``Director, Ocean Energy Safety Service, Department of the
Interior.
``Director, Office of Natural Resources Revenue, Department
of the Interior.''.
SEC. 1048. OUTER CONTINENTAL SHELF ENERGY SAFETY ADVISORY BOARD.
(a) Establishment.--The Secretary of the Interior shall establish,
under the Federal Advisory Committee Act, an Outer Continental Shelf
Energy Safety Advisory Board (referred to in this section as the
``Board'')--
(1) to provide the Secretary and the Directors established
by this title with independent scientific and technical advice
on safe, responsible, and timely mineral and renewable energy
exploration, development, and production activities; and
(2) to review operations of the National Offshore Energy
Health and Safety Academy established under section 1043(d),
including submitting to the Secretary recommendations of
curriculum to ensure training scientific and technical
advancements.
(b) Membership.--
(1) Size.--The Board shall consist of not more than 11
members, who--
(A) shall be appointed by the Secretary based on
their expertise in oil and gas drilling, well design,
operations, well containment and oil spill response;
and
(B) must have significant scientific, engineering,
management, and other credentials and a history of
working in the field related to safe energy
exploration, development, and production activities.
(2) Consultation and nominations.--The Secretary shall
consult with the National Academy of Sciences and the National
Academy of Engineering to identify potential candidates for the
Board and shall take nominations from the public.
(3) Term.--The Secretary shall appoint Board members to
staggered terms of not more than 4 years, and shall not appoint
a member for more than 2 consecutive terms.
(4) Balance.--In appointing members to the Board, the
Secretary shall ensure a balanced representation of industry
and research interests.
(c) Chair.--The Secretary shall appoint the Chair for the Board
from among its members.
(d) Meetings.--The Board shall meet not less than 3 times per year
and shall host, at least once per year, a public forum to review and
assess the overall energy safety performance of Outer Continental Shelf
mineral and renewable energy resource activities.
(e) Offshore Drilling Safety Assessments and Recommendations.--As
part of its duties under this section, the Board shall, by not later
than 180 days after the date of enactment of this section and every 5
years thereafter, submit to the Secretary a report that--
(1) assesses offshore oil and gas well control
technologies, practices, voluntary standards, and regulations
in the United States and elsewhere; and
(2) as appropriate, recommends modifications to the
regulations issued under this title to ensure adequate
protection of safety and the environment, including
recommendations on how to reduce regulations and administrative
actions that are duplicative or unnecessary.
(f) Reports.--Reports of the Board shall be submitted by the Board
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate and
made available to the public in electronically accessible form.
(g) Travel Expenses.--Members of the Board, other than full-time
employees of the Federal Government, while attending meeting of the
Board or while otherwise serving at the request of the Secretary or the
Director while serving away from their homes or regular places of
business, may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United States
Code, for individuals in the Government serving without pay.
SEC. 1049. OUTER CONTINENTAL SHELF INSPECTION FEES.
Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C.
1348) is amended by adding at the end of the section the following:
``(g) Inspection Fees.--
``(1) Establishment.--The Secretary of the Interior shall
collect from the operators of facilities subject to inspection
under subsection (c) non-refundable fees for such inspections--
``(A) at an aggregate level equal to the amount
necessary to offset the annual expenses of inspections
of outer Continental Shelf facilities (including mobile
offshore drilling units) by the Department of the
Interior; and
``(B) using a schedule that reflects the
differences in complexity among the classes of
facilities to be inspected.
``(2) Ocean energy safety fund.--There is established in
the Treasury a fund, to be known as the `Ocean Energy
Enforcement Fund' (referred to in this subsection as the
`Fund'), into which shall be deposited all amounts collected as
fees under paragraph (1) and which shall be available as
provided under paragraph (3).
``(3) Availability of fees.--
``(A) In general.--Notwithstanding section 3302 of
title 31, United States Code, all amounts deposited in
the Fund--
``(i) shall be credited as offsetting
collections;
``(ii) shall be available for expenditure
for purposes of carrying out inspections of
outer Continental Shelf facilities (including
mobile offshore drilling units) and the
administration of the inspection program under
this section;
``(iii) shall be available only to the
extent provided for in advance in an
appropriations Act; and
``(iv) shall remain available until
expended.
``(B) Use for field offices.--Not less than 75
percent of amounts in the Fund may be appropriated for
use only for the respective Department of the Interior
field offices where the amounts were originally
assessed as fees.
``(4) Initial fees.--Fees shall be established under this
subsection for the fiscal year in which this subsection takes
effect and the subsequent 10 years, and shall not be raised
without advise and consent of the Congress, except as
determined by the Secretary to be appropriate as an adjustment
equal to the percentage by which the Consumer Price Index for
the month of June of the calendar year preceding the adjustment
exceeds the Consumer Price Index for the month of June of the
calendar year in which the claim was determined or last
adjusted.
``(5) Annual fees.--Annual fees shall be collected under
this subsection for facilities that are above the waterline,
excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2014 shall be--
``(A) $10,500 for facilities with no wells, but
with processing equipment or gathering lines;
``(B) $17,000 for facilities with 1 to 10 wells,
with any combination of active or inactive wells; and
``(C) $31,500 for facilities with more than 10
wells, with any combination of active or inactive
wells.
``(6) Fees for drilling rigs.--Fees for drilling rigs shall
be assessed under this subsection for all inspections completed
in fiscal years 2015 through 2024. Fees for fiscal year 2015
shall be--
``(A) $30,500 per inspection for rigs operating in
water depths of 1,000 feet or more; and
``(B) $16,700 per inspection for rigs operating in
water depths of less than 1,000 feet.
``(7) Billing.--The Secretary shall bill designated
operators under paragraph (5) within 60 days after the date of
the inspection, with payment required within 30 days of
billing. The Secretary shall bill designated operators under
paragraph (6) within 30 days of the end of the month in which
the inspection occurred, with payment required within 30 days
after billing.
``(8) Sunset.--No fee may be collected under this
subsection for any fiscal year after fiscal year 2024.
``(9) Annual reports.--
``(A) In general.--Not later than 60 days after the
end of each fiscal year beginning with fiscal year
2014, the Secretary shall 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 on the operation of the Fund
during the fiscal year.
``(B) Contents.--Each report shall include, for the
fiscal year covered by the report, the following:
``(i) A statement of the amounts deposited
into the Fund.
``(ii) A description of the expenditures
made from the Fund for the fiscal year,
including the purpose of the expenditures and
the additional hiring of personnel.
``(iii) A statement of the balance
remaining in the Fund at the end of the fiscal
year.
``(iv) An accounting of pace of permit
approvals.
``(v) If fee increases are proposed after
the initial 10-year period referred to in
paragraph (5), a proper accounting of the
potential adverse economic impacts such fee
increases will have on offshore economic
activity and overall production, conducted by
the Secretary.
``(vi) Recommendations to increase the
efficacy and efficiency of offshore
inspections.
``(vii) Any corrective actions levied upon
offshore inspectors as a result of any form of
misconduct.''.
SEC. 1050. PROHIBITION ON ACTION BASED ON NATIONAL OCEAN POLICY
DEVELOPED UNDER EXECUTIVE ORDER NO. 13547.
(a) Prohibition.--The Bureau of Ocean Energy and the Ocean Energy
Safety Service may not develop, propose, finalize, administer, or
implement, any limitation on activities under their jurisdiction as a
result of the coastal and marine spatial planning component of the
National Ocean Policy developed under Executive Order No. 13547.
(b) Report on Expenditures.--Not later than 60 days after the date
of enactment of this Act, the President shall submit a report to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate identifying all
Federal expenditures in fiscal years 2012, 2013, and 2014, by the
Bureau of Ocean Energy and the Ocean Energy Safety Service and their
predecessor agencies, by agency, account, and any pertinent
subaccounts, for the development, administration, or implementation of
the coastal and marine spatial planning component of the National Ocean
Policy developed under Executive Order No. 13547, including staff time,
travel, and other related expenses.
Subtitle E--United States Territories
SEC. 1061. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH
RESPECT TO TERRITORIES OF THE UNITED STATES.
Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)
is amended--
(1) in paragraph (a), by inserting after ``control'' the
following: ``or lying within the United States exclusive
economic zone and the Continental Shelf adjacent to any
territory of the United States'';
(2) in paragraph (p), by striking ``and'' after the
semicolon at the end;
(3) in paragraph (q), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(r) The term `State' includes each territory of the United
States.''.
Subtitle F--Judicial Review
SEC. 1071. TIME FOR FILING COMPLAINT.
(a) In General.--Any cause of action that arises from a covered
energy decision must be filed not later than the end of the 60-day
period beginning on the date of the covered energy decision. Any cause
of action not filed within this time period shall be barred.
(b) Exception.--Subsection (a) shall not apply to a cause of action
brought by a party to a covered energy lease.
SEC. 1072. DISTRICT COURT DEADLINE.
(a) In General.--All proceedings that are subject to section 1071--
(1) shall be brought in the United States district court
for the district in which the Federal property for which a
covered energy lease is issued is located or the United States
District Court of the District of Columbia;
(2) shall be resolved as expeditiously as possible, and in
any event not more than 170 days after such cause or claim is
filed; and
(3) shall take precedence over all other pending matters
before the district court.
(b) Failure To Comply With Deadline.--If an interlocutory or final
judgment, decree, or order has not been issued by the district court by
the deadline described under this section, the cause or claim shall be
dismissed with prejudice and all rights relating to such cause or claim
shall be terminated.
SEC. 1073. ABILITY TO SEEK APPELLATE REVIEW.
An interlocutory or final judgment, decree, or order of the
district court in a proceeding that is subject to section 1071 may be
reviewed by the United States Court of Appeals for the District of
Columbia Circuit. The District of Columbia Circuit shall resolve any
such appeal as expeditiously as possible and, in any event, not more
than 180 days after such interlocutory or final judgment, decree, or
order of the district court was issued.
SEC. 1074. LIMITATION ON SCOPE OF REVIEW AND RELIEF.
(a) Administrative Findings and Conclusions.--In any judicial
review of any Federal action under this subtitle, any administrative
findings and conclusions relating to the challenged Federal action
shall be presumed to be correct unless shown otherwise by clear and
convincing evidence contained in the administrative record.
(b) Limitation on Prospective Relief.--In any judicial review of
any action, or failure to act, under 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 concerned.
SEC. 1075. LEGAL FEES.
Any person filing a petition seeking judicial review of any action,
or failure to act, under this subtitle who is not a prevailing party
shall pay to the prevailing parties (including intervening parties),
other than the United States, fees and other expenses incurred by that
party in connection with the judicial review, unless the Court finds
that the position of the person was substantially justified or that
special circumstances make an award unjust.
SEC. 1076. EXCLUSION.
This subtitle shall not apply with respect 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.
SEC. 1077. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Covered energy decision.--The term ``covered energy
decision'' means any action or decision by a Federal official
regarding the issuance of a covered energy lease.
(2) Covered energy lease.--The term ``covered energy
lease'' means any lease under this title or under an oil and
gas leasing program under this title.
Subtitle G--Miscellaneous Provisions
SEC. 1081. RULES REGARDING DISTRIBUTION OF REVENUES UNDER GULF OF
MEXICO ENERGY SECURITY ACT OF 2006.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of the Interior shall issue rules to provide
more clarity, certainty, and stability to the revenue streams
contemplated by the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note).
(b) Contents.--The rules shall include clarification of the timing
and methods of disbursements of funds under section 105(b)(2) of such
Act.
SEC. 1082. SEISMIC TESTING IN THE ATLANTIC OUTER CONTINENTAL SHELF.
Not later than December 31, 2014, the Bureau of Ocean Energy
Management shall publish a record of decision on the Atlantic G&G
Programmatic Final Environmental Impact Statement.
SEC. 1083. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES.
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--
(1) by striking ``2016'' each place it appears and
inserting ``2014''; and
(2) by striking section 105(f).
TITLE XI--ALASKAN ENERGY FOR AMERICAN JOBS ACT
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Alaskan Energy for American Jobs
Act''.
SEC. 2002. DEFINITIONS.
In this title:
(1) Coastal plain.--The term ``Coastal Plain'' means that
area described in appendix I to part 37 of title 50, Code of
Federal Regulations.
(2) Peer reviewed.--The term ``peer reviewed'' means
reviewed--
(A) by individuals chosen by the National Academy
of Sciences with no contractual relationship with, or
those who have no application for a grant or other
funding pending with, the Federal agency with leasing
jurisdiction; or
(B) if individuals described in subparagraph (A)
are not available, by the top individuals in the
specified biological fields, as determined by the
National Academy of Sciences.
(3) Secretary.--The term ``Secretary'', except as otherwise
provided, means the Secretary of the Interior or the
Secretary's designee.
SEC. 2003. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.
(a) In General.--The Secretary shall take such actions as are
necessary--
(1) to establish and implement, in accordance with this
title 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 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 result in no significant
adverse effect 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.
(b) Repeal of Existing Restriction.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act (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.
(c) 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 section 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 (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 under this
title, 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 title
before the conduct of the first lease sale.
(3) Compliance with nepa for other actions.--Before
conducting the first lease sale under this title, the Secretary
shall prepare an environmental impact statement under the
National Environmental Policy Act of 1969 with respect to the
actions authorized by this title 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
title 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 title.
(d) Relationship to State and Local Authority.--Nothing in this
title shall be considered to expand or limit State and local regulatory
authority.
(e) 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 tracts
located outside the Special Area.
(f) 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
title.
(g) Regulations.--
(1) In general.--The Secretary shall prescribe such
regulations as may be necessary to carry out this title,
including regulations relating to protection of the fish and
wildlife, their habitat, subsistence resources, and environment
of the Coastal Plain, by no later than 15 months after the date
of enactment of this Act.
(2) Revision of regulations.--The Secretary shall, through
a rulemaking conducted in accordance with section 553 of title
5, United States Code, periodically review and, if appropriate,
revise the regulations issued under subsection (a) to reflect a
preponderance of the best available scientific evidence that
has been peer reviewed and obtained by following appropriate,
documented scientific procedures, the results of which can be
repeated using those same procedures.
SEC. 2004. LEASE SALES.
(a) In General.--Lands may be leased under this title 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.).
(b) Procedures.--The Secretary shall, by regulation and no later
than 180 days after the date of enactment of this title, establish
procedures for--
(1) receipt and consideration of sealed nominations for any
area of the Coastal Plain for inclusion in, or exclusion (as
provided in subsection (c)) from, a lease sale;
(2) the holding of lease sales after such nomination
process; and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Lease sales under this title may be conducted
through an Internet leasing program, if the Secretary determines that
such a system will result in savings to the taxpayer, an increase in
the number of bidders participating, and higher returns than oral
bidding or a sealed bidding system.
(d) Sale Acreages and Schedule.--
(1) The Secretary shall offer for lease under this title
those tracts the Secretary considers to have the greatest
potential for the discovery of hydrocarbons, taking into
consideration nominations received pursuant to subsection
(b)(1).
(2) The Secretary shall offer for lease under this title no
less than 50,000 acres for lease within 22 months after the
date of the enactment of this title.
(3) The Secretary shall offer for lease under this title no
less than an additional 50,000 acres at 6-, 12-, and 18-month
intervals following offering under paragraph (2).
(4) The Secretary shall conduct four additional sales under
the same terms and schedule no later than two years after the
date of the last sale under paragraph (3), if sufficient
interest in leasing exists to warrant, in the Secretary's
judgment, the conduct of such sales.
(5) The Secretary shall evaluate the bids in each sale and
issue leases resulting from such sales, within 90 days after
the date of the completion of such sale.
SEC. 2005. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--The Secretary may grant to the highest responsible
qualified bidder in a lease sale conducted under section 2004 any lands
to be leased on the Coastal Plain upon payment by the such bidder of
such bonus as may be accepted by the Secretary.
(b) Subsequent Transfers.--No lease issued under this title 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.
SEC. 2006. LEASE TERMS AND CONDITIONS.
An oil or gas lease issued under this title shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent in amount or value of the production removed or
sold under the lease, as determined by the Secretary under the
regulations applicable to other Federal oil and gas leases;
(2) provide that the Secretary may close, on a seasonal
basis, portions of the Coastal Plain to exploratory drilling
activities as necessary to protect caribou calving areas and
other species of fish and wildlife based on a preponderance of
the best available scientific evidence that has been peer
reviewed and obtained by following appropriate, documented
scientific procedures, the results of which can be repeated
using those same procedures;
(3) 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;
(4) 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;
(5) provide that the standard of reclamation for lands
required to be reclaimed under this title 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
certified by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, their habitat, subsistence resources, and
the environment as required pursuant to section 2003(a)(2);
(7) 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;
(8) prohibit the export of oil produced under the lease;
and
(9) contain such other provisions as the Secretary
determines necessary to ensure compliance with this title and
the regulations issued under this title.
SEC. 2007. 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; and
(2) Congress will monitor the deployment of personnel and
material onshore and offshore to encourage the development of
American technology and 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 development on the Coastal Plain.
SEC. 2008. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized
Coastal Plain Activities.--The Secretary shall, consistent with the
requirements of section 2003, administer this title through
regulations, lease terms, conditions, restrictions, prohibitions,
stipulations, and other provisions that--
(1) 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;
(2) 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
(3) 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 10,000 acres on the
Coastal Plain for each 100,000 acres of area leased.
(b) Site-Specific Assessment and Mitigation.--The Secretary shall
also require, with respect to any proposed drilling and related
activities, that--
(1) 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;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the extent practicable) any significant
adverse effect identified under paragraph (1); and
(3) the development of the plan shall occur after
consultation with the agency or agencies having jurisdiction
over matters mitigated by the plan.
(c) Regulations To Protect Coastal Plain Fish and Wildlife
Resources, Subsistence Users, and the Environment.--Before implementing
the leasing program authorized by this title, 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 title are conducted in a manner consistent with the purposes and
environmental requirements of this title.
(d) 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 title shall require compliance with all applicable
provisions of Federal and State environmental law, and shall also
require the following:
(1) 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.
(2) Seasonal limitations on exploration, development, and
related activities, where necessary, to avoid significant
adverse effects during periods of concentrated fish and
wildlife breeding, denning, nesting, spawning, and migration
based on a preponderance of the best available scientific
evidence that has been peer reviewed and obtained by following
appropriate, documented scientific procedures, the results of
which can be repeated using those same procedures.
(3) That exploration activities, except for surface
geological studies, be limited to the period between
approximately November 1 and May 1 each year and 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.
(4) Design safety and construction standards for all
pipelines and any access and service roads, that--
(A) minimize, to the maximum extent possible,
adverse effects upon the passage of migratory species
such as caribou; and
(B) minimize adverse effects upon the flow of
surface water by requiring the use of culverts,
bridges, and other structural devices.
(5) Prohibitions on general public access and use on all
pipeline access and service roads.
(6) Stringent reclamation and rehabilitation requirements,
consistent with the standards set forth in this title,
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 paragraph 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.
(7) Appropriate prohibitions or restrictions on access by
all modes of transportation.
(8) Appropriate prohibitions or restrictions on sand and
gravel extraction.
(9) Consolidation of facility siting.
(10) Appropriate prohibitions or restrictions on use of
explosives.
(11) Avoidance, to the extent practicable, of springs,
streams, and river systems; 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.
(12) Avoidance or minimization of air traffic-related
disturbance to fish and wildlife.
(13) 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.
(14) Fuel storage and oil spill contingency planning.
(15) Research, monitoring, and reporting requirements.
(16) Field crew environmental briefings.
(17) Avoidance of significant adverse effects upon
subsistence hunting, fishing, and trapping by subsistence
users.
(18) Compliance with applicable air and water quality
standards.
(19) Appropriate seasonal and safety zone designations
around well sites, within which subsistence hunting and
trapping shall be limited.
(20) Reasonable stipulations for protection of cultural and
archeological resources.
(21) All other protective environmental stipulations,
restrictions, terms, and conditions deemed necessary by the
Secretary.
(e) 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.
(f) 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.
(g) Access to Public Lands.--The Secretary shall--
(1) manage public lands in the Coastal Plain subject to
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.
SEC. 2009. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaint.--
(1) Deadline.--Subject to paragraph (2), any complaint
seeking judicial review--
(A) of any provision of this title shall be filed
by not later than 1 year after the date of enactment of
this Act; or
(B) of any action of the Secretary under this title
shall be filed--
(i) except as provided in clause (ii),
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.
(2) Venue.--Any complaint seeking judicial review of any
provision of this title or any action of the Secretary under
this title may be filed only in the United States Court of
Appeals for the District of Columbia.
(3) Limitation on scope of certain review.--Judicial review
of a Secretarial decision to conduct a lease sale under this
title, including the environmental analysis thereof, shall be
limited to whether the Secretary has complied with this title
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 title shall be
presumed to be correct unless shown otherwise by clear and
convincing evidence to the contrary.
(b) 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.
(c) Limitation on Attorneys' Fees and Court Costs.--No person
seeking judicial review of any action under this title shall receive
payment from the Federal Government for their attorneys' fees and other
court costs, including under any provision of law enacted by the Equal
Access to Justice Act (5 U.S.C. 504 note).
SEC. 2010. TREATMENT OF REVENUES.
Notwithstanding any other provision of law, 50 percent of the
amount of bonus, rental, and royalty revenues from Federal oil and gas
leasing and operations authorized under this title shall be deposited
in the Treasury.
SEC. 2011. 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 produced under leases under this title--
(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
(16 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 2003(g) provisions granting rights-of-way and easements
described in subsection (a) of this section.
SEC. 2012. 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 dated 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.
TITLE XII--STATE CONTROL ON ALL AVAILABLE FEDERAL LAND
SEC. 3001. STATE CONTROL ON ALL AVAILABLE FEDERAL LAND.
(a) Definitions.--In this section:
(1) Available federal land.--The term ``available Federal
land'' means any Federal land that, as of May 31, 2013--
(A) is located within the boundaries of a State;
(B) is not held by the United States in trust for
the benefit of a federally recognized Indian tribe;
(C) is not a unit of the National Park System;
(D) is not a unit of the National Wildlife Refuge
System; and
(E) is not a Congressionally designated wilderness
area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(b) State Programs.--
(1) In general.--A State--
(A) may establish a program covering the leasing
and permitting processes, regulatory requirements, and
any other provisions by which the State would exercise
its rights on available Federal land in the State; and
(B) as a condition of certification under
subsection (c)(2) shall submit a declaration to the
Departments of the Interior, Agriculture, and Energy
that a program under subparagraph (A) has been
established or amended.
(2) Amendment of programs.--A State may amend a program
developed and certified under this section at any time.
(3) Certification of amended programs.--Any program amended
under paragraph (2) shall be certified under subsection (c)(2).
(c) Leasing, Permitting, and Regulatory Programs.--
(1) Satisfaction of federal requirements.--Each program
certified under this section shall be considered to satisfy all
applicable requirements of Federal law (including regulations),
including--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) the National Historic Preservation Act (16
U.S.C. 470 et seq.).
(2) Federal certification and transfer of development
rights.--Upon submission of a declaration by a State under
subsection (b)(1)(B)--
(A) the program under subsection (b)(1)(A) shall be
certified; and
(B) the State shall receive all rights from the
Federal Government to develop all resources covered by
the program.
(3) Issuance of permits and leases.--If a State elects to
issue a permit or lease for the development of any resource on
any available Federal land within the borders of the State in
accordance with a program certified under paragraph (2), the
permit or lease shall be considered to meet all applicable
requirements of Federal law (including regulations).
(d) Judicial Review.--Activities carried out in accordance with
this title shall not be subject to judicial review.
(e) Administrative Procedure Act.--Activities carried out in
accordance with this title shall not be subject to subchapter II of
chapter 5, and chapter 7, of title 5, United States Code (commonly
known as the ``Administrative Procedure Act'').
TITLE XIII--FEDERAL LANDS JOBS AND ENERGY SECURITY
Subtitle A--Federal Lands Jobs and Energy Security
SEC. 4001. SHORT TITLE.
This subtitle may be cited as the ``Federal Lands Jobs and Energy
Security Act''.
SEC. 4002. 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 subtitle 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 subtitle.
CHAPTER 1--ONSHORE OIL AND GAS PERMIT STREAMLINING
SEC. 4101. SHORT TITLE.
This chapter may be cited as the ``Streamlining Permitting of
American Energy Act of 2014''.
Subchapter A--Application for Permits To Drill Process Reform
SEC. 4111. 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. 4112. 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.
Subchapter B--Administrative Protest Documentation Reform
SEC. 4121. 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.''.
Subchapter C--Permit Streamlining
SEC. 4131. 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 4111,
4112, and 4121.
(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. 4132. 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).
Subchapter D--Judicial Review
SEC. 4141. DEFINITIONS.
In this subchapter--
(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. 4142. 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. 4143. 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. 4144. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 4145. 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. 4146. 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. 4147. 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. 4148. 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.
Subchapter E--Knowing America's Oil and Gas Resources
SEC. 4151. 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.
CHAPTER 2--OIL AND GAS LEASING CERTAINTY
SEC. 4161. SHORT TITLE.
This chapter may be cited as the ``Providing Leasing Certainty for
American Energy Act of 2014''.
SEC. 4162. 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. 4163. 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. 4164. 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. 4165. REDUCE REDUNDANT POLICIES.
Bureau of Land Management Instruction Memorandum 2010-117 shall
have no force or effect.
SEC. 4166. 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''.
CHAPTER 3--OIL SHALE
SEC. 4171. SHORT TITLE.
This chapter 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. 4172. 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. 4173. 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.
CHAPTER 4--MISCELLANEOUS PROVISIONS
SEC. 4181. RULE OF CONSTRUCTION.
Nothing in this subtitle 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).
Subtitle B--Planning for American Energy
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ``Planning for American Energy
Act of 2014''.
SEC. 4202. 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).
Subtitle C--National Petroleum Reserve in Alaska Access
SEC. 4301. SHORT TITLE.
This subtitle may be cited as the ``National Petroleum Reserve
Alaska Access Act''.
SEC. 4302. 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. 4303. 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
2015 through 2025.''.
SEC. 4304. 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. 4305. 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. 4306. 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. 4307. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN.
At a minimum, the new proposed integrated activity plan issued
under section 4305(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) provides 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. 4308. 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.
Subtitle D--BLM Live Internet Auctions
SEC. 4401. SHORT TITLE.
This subtitle may be cited as the ``BLM Live Internet Auctions
Act''.
SEC. 4402. 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.
Subtitle E--Native American Energy
SEC. 4501. SHORT TITLE.
This subtitle may be cited as the ``Native American Energy Act''.
SEC. 4502. 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 section, 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. 4503. 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. 4504. 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. 4505. 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 United States Court of Appeals for the District of
Columbia Circuit. The District of Columbia 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 2 or more entities, at least 1 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 term ``ultimately prevail''
means, in a final enforceable judgment, the court rules in the
party's favor on at least 1 cause of action that 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. 4506. 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 2015 through 2019, 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. 4507. 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. 4508. 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. 4509. 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.
SEC. 4510. PERMITS FOR INCIDENTAL TAKE.
Section 1 of the Act of June 8, 1940 (chapter 278; 16 U.S.C. 668),
popularly known as the Bald and Golden Eagle Protection Act, is amended
by adding at the end the following:
``(d) Permits for Incidental Take.--Upon submission of a
substantially completed application, the Secretary shall issue or deny
an eagle take permit for no less than 30 years under section 22.26 of
title 50, Code of Federal Regulations, that authorizes taking of any
bald eagle or golden eagle that is incidental to, but not the purpose
of, an otherwise lawful activity. Failure to issue or deny such a
permit within a reasonable time (which shall not exceed one year) is
deemed issuance of such permit, and the applicant shall not be subject
to liability for any incidental take of a bald eagle or golden eagle
that is in conformity with the information submitted to the Secretary
as part of the application for the permit.''.
SEC. 4511. MIGRATORY BIRD TREATY ACT.
Section 6(a) of the Migratory Bird Treaty Act (16 U.S.C. 707(a)) is
amended--
(1) by striking ``shall'' the first and second place it
appears and inserting ``shall with intent knowingly''; and
(2) by adding at the end the following: ``For the purposes
of this subsection, `with intent knowingly' does not include
any taking, killing, or other harm to any migratory bird that
is accidental or incidental to the presence or operation of an
otherwise lawful activity.''.
TITLE XIV--HYDRAULIC FRACTURING
Subtitle A--State Authority for Hydraulic Fracturing Regulation
SEC. 5101. SHORT TITLE.
This title may be cited as the ``Protecting States' Rights to
Promote American Energy Security Act''.
SEC. 5102. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.
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. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.
``(a) In General.--The Department of the Interior shall not enforce
any Federal regulation, guidance, or permit requirement regarding
hydraulic fracturing, or any component of that process, relating to
oil, gas, or geothermal production activities on or under any land in
any State that has regulations, guidance, or permit requirements for
that activity.
``(b) State Authority.--The Department of the Interior shall
recognize and defer to State regulations, permitting, and guidance, for
all activities related to hydraulic fracturing, or any component of
that process, relating to oil, gas, or geothermal production activities
on Federal land.
``(c) Transparency of State Regulations.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of its regulations that apply to
hydraulic fracturing operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations submitted under
this subsection.
``(d) Transparency of State Disclosure Requirements.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of any regulations of the State that
require disclosure of chemicals used in hydraulic fracturing
operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations submitted under
this subsection.
``(e) Hydraulic Fracturing Defined.--In this section the term
`hydraulic fracturing' means the process by which fracturing fluids (or
a fracturing fluid system) are pumped into an underground geologic
formation at a calculated, predetermined rate and pressure to generate
fractures or cracks in the target formation and thereby increase the
permeability of the rock near the wellbore and improve production of
natural gas or oil.''.
SEC. 5103. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study examining the economic benefits of domestic shale oil
and gas production resulting from the process of hydraulic fracturing.
This study shall include identification of--
(1) State and Federal revenue generated as a result of
shale gas production;
(2) jobs created both directly and indirectly as a result
of shale oil and gas production; and
(3) an estimate of potential energy prices without domestic
shale oil and gas production.
(b) Report.--The Comptroller General shall submit a report on the
findings of such study to the Committee on Natural Resources of the
House of Representatives within 30 days after completion of the study.
SEC. 5104. TRIBAL AUTHORITY ON TRUST LAND.
The Department of the Interior shall not enforce any Federal
regulation, guidance, or permit requirement regarding the process of
hydraulic fracturing (as that term is defined in section 44 of the
Mineral Leasing Act, as amended by section 5102 of this title), or any
component of that process, relating to oil, gas, or geothermal
production activities 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.
Subtitle B--EPA Hydraulic Fracturing Research
SEC. 5201. SHORT TITLE.
This title may be cited as the ``EPA Hydraulic Fracturing Study
Improvement Act''.
SEC. 5202. EPA HYDRAULIC FRACTURING RESEARCH.
In conducting its study of the potential impacts of hydraulic
fracturing on drinking water resources, with respect to which a request
for information was issued under Federal Register, Vol. 77, No. 218,
the Administrator of the Environmental Protection Agency shall adhere
to the following requirements:
(1) Peer review and information quality.--Prior to issuance
and dissemination of any final report or any interim report
summarizing the Environmental Protection Agency's research on
the relationship between hydraulic fracturing and drinking
water, the Administrator shall--
(A) consider such reports to be Highly Influential
Scientific Assessments and require peer review of such
reports in accordance with guidelines governing such
assessments, as described in--
(i) the Environmental Protection Agency's
Peer Review Handbook 3rd Edition;
(ii) the Environmental Protection Agency's
Scientific Integrity Policy, as in effect on
the date of enactment of this Act; and
(iii) the Office of Management and Budget's
Peer Review Bulletin, as in effect on the date
of enactment of this Act; and
(B) require such reports to meet the standards and
procedures for the dissemination of influential
scientific, financial, or statistical information set
forth in the Environmental Protection Agency's
Guidelines for Ensuring and Maximizing the Quality,
Objectivity, Utility, and Integrity of Information
Disseminated by the Environmental Protection Agency,
developed in response to guidelines issued by the
Office of Management and Budget under section 515(a) of
the Treasury and General Government Appropriations Act
for Fiscal Year 2001 (Public Law 106-554).
(2) Probability, uncertainty, and consequence.--In order to
maximize the quality and utility of information developed
through the study, the Administrator shall ensure that
identification of the possible impacts of hydraulic fracturing
on drinking water resources included in such reports be
accompanied by objective estimates of the probability,
uncertainty, and consequence of each identified impact, taking
into account the risk management practices of States and
industry. Estimates or descriptions of probability,
uncertainty, and consequence shall be as quantitative as
possible given the validity, accuracy, precision, and other
quality attributes of the underlying data and analyses, but no
more quantitative than the data and analyses can support.
(3) Release of final report.--The final report shall be
publicly released by September 30, 2016.
Subtitle C--Miscellaneous Provisions
SEC. 5301. REVIEW OF STATE ACTIVITIES.
The Secretary of the Interior shall annually review and report to
Congress on all State activities relating to hydraulic fracturing.
TITLE XV--NORTHERN ROUTE APPROVAL
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Northern Route Approval Act''.
SEC. 6002. FINDINGS.
The Congress finds the following:
(1) To maintain our Nation's competitive edge and ensure an
economy built to last, the United States must have fast,
reliable, resilient, and environmentally sound means of moving
energy. In a global economy, we will compete for the world's
investments based in significant part on the quality of our
infrastructure. Investing in the Nation's infrastructure
provides immediate and long-term economic benefits for local
communities and the Nation as a whole.
(2) The delivery of oil from Canada, a close ally not only
in proximity but in shared values and ideals, to domestic
markets is in the national interest because of the need to
lessen dependence upon insecure foreign sources.
(3) The Keystone XL pipeline would provide both short-term
and long-term employment opportunities and related labor income
benefits, such as government revenues associated with taxes.
(4) The State of Nebraska has thoroughly reviewed and
approved the proposed Keystone XL pipeline reroute, concluding
that the concerns of Nebraskans have had a major influence on
the pipeline reroute and that the reroute will have minimal
environmental impacts.
(5) The Department of State and other Federal agencies have
over a long period of time conducted extensive studies and
analysis of the technical aspects and of the environmental,
social, and economic impacts of the proposed Keystone XL
pipeline, and--
(A) the Department of State assessments found that
the Keystone XL pipeline ``is not likely to impact the
amount of crude oil produced from the oil sands'' and
that ``approval or denial of the proposed project is
unlikely to have a substantial impact on the rate of
development in the oil sands'';
(B) the Department of State found that incremental
life-cycle greenhouse gas emissions associated with the
Keystone XL project are estimated in the range of 0.07
to 0.83 million metric tons of carbon dioxide
equivalents, with the upper end of this range
representing twelve one-thousandths of one percent of
the 6,702 million metric tons of carbon dioxide emitted
in the United States in 2011; and
(C) after extensive evaluation of potential impacts
to land and water resources along the Keystone XL
pipeline's 875-mile proposed route, the Department of
State found that ``The analyses of potential impacts
associated with construction and normal operation of
the proposed Project suggest that there would be no
significant impacts to most resources along the
proposed Project route (assuming Keystone complies with
all laws and required conditions and measures).''.
(6) The transportation of oil via pipeline is the safest
and most economically and environmentally effective means of
doing so, and--
(A) transportation of oil via pipeline has a record
of unmatched safety and environmental protection, and
the Department of State found that ``Spills associated
with the proposed Project that enter the environment
expected to be rare and relatively small'', and that
``there is no evidence of increased corrosion or other
pipeline threat due to viscosity'' of diluted bitumen
oil that will be transported by the Keystone XL
pipeline; and
(B) plans to incorporate 57 project-specific
special conditions related to the design, construction,
and operations of the Keystone XL pipeline led the
Department of State to find that the pipeline will have
``a degree of safety over any other typically
constructed domestic oil pipeline''.
(7) The Keystone XL is in much the same position today as
the Alaska Pipeline in 1973 prior to congressional action. Once
again, the Federal regulatory process remains an insurmountable
obstacle to a project that is likely to reduce oil imports from
insecure foreign sources.
SEC. 6003. KEYSTONE XL PERMIT APPROVAL.
Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note),
Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3,
United States Code, and any other Executive order or provision of law,
no Presidential permit shall be required for the pipeline described in
the application filed on May 4, 2012, by TransCanada Keystone Pipeline,
L.P. to the Department of State for the Keystone XL pipeline, as
supplemented to include the Nebraska reroute evaluated in the Final
Evaluation Report issued by the Nebraska Department of Environmental
Quality in January 2013 and approved by the Nebraska governor. The
final environmental impact statement issued by the Secretary of State
on August 26, 2011, coupled with the Final Evaluation Report described
in the previous sentence, shall be considered to satisfy all
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
SEC. 6004. JUDICIAL REVIEW.
(a) Exclusive Jurisdiction.--Except for review by the Supreme Court
on writ of certiorari, the United States Court of Appeals for the
District of Columbia Circuit shall have original and exclusive
jurisdiction to determine--
(1) the validity of any final order or action (including a
failure to act) of any Federal agency or officer with respect
to issuance of a permit relating to the construction or
maintenance of the Keystone XL pipeline, including any final
order or action deemed to be taken, made, granted, or issued;
(2) the constitutionality of any provision of this title,
or any decision or action taken, made, granted, or issued, or
deemed to be taken, made, granted, or issued under this title;
or
(3) the adequacy of any environmental impact statement
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), or of any analysis under any other
Act, with respect to any action taken, made, granted, or
issued, or deemed to be taken, made, granted, or issued under
this title.
(b) Deadline for Filing Claim.--A claim arising under this title
may be brought not later than 60 days after the date of the decision or
action giving rise to the claim.
(c) Expedited Consideration.--The United States Court of Appeals
for the District of Columbia Circuit shall set any action brought under
subsection (a) for expedited consideration, taking into account the
national interest of enhancing national energy security by providing
access to the significant oil reserves in Canada that are needed to
meet the demand for oil.
SEC. 6005. AMERICAN BURYING BEETLE.
(a) Findings.--The Congress finds that--
(1) environmental reviews performed for the Keystone XL
pipeline project satisfy the requirements of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) in its
entirety; and
(2) for purposes of that Act, the Keystone XL pipeline
project will not jeopardize the continued existence of the
American burying beetle or destroy or adversely modify American
burying beetle critical habitat.
(b) Biological Opinion.--The Secretary of the Interior is deemed to
have issued a written statement setting forth the Secretary's opinion
containing such findings under section 7(b)(1)(A) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the
American burying beetle that is incidental to the construction or
operation and maintenance of the Keystone XL pipeline as it may be
ultimately defined in its entirety, shall not be considered a
prohibited taking of such species under such Act.
SEC. 6006. RIGHT-OF-WAY AND TEMPORARY USE PERMIT.
The Secretary of the Interior is deemed to have granted or issued a
grant of right-of-way and temporary use permit under section 28 of the
Mineral Leasing Act (30 U.S.C. 185) and the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth in the
application tendered to the Bureau of Land Management for the Keystone
XL pipeline.
SEC. 6007. PERMITS FOR ACTIVITIES IN NAVIGABLE WATERS.
(a) Issuance of Permits.--The Secretary of the Army, not later than
90 days after receipt of an application therefor, shall issue all
permits under section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344) and section 10 of the Act of March 3, 1899 (33 U.S.C.
403; commonly known as the Rivers and Harbors Appropriations Act of
1899), necessary for the construction, operation, and maintenance of
the pipeline described in the May 4, 2012, application referred to in
section 6003, as supplemented by the Nebraska reroute. The application
shall be based on the administrative record for the pipeline as of the
date of enactment of this Act, which shall be considered complete.
(b) Waiver of Procedural Requirements.--The Secretary may waive any
procedural requirement of law or regulation that the Secretary
considers desirable to waive in order to accomplish the purposes of
this section.
(c) Issuance in Absence of Action by the Secretary.--If the
Secretary has not issued a permit described in subsection (a) on or
before the last day of the 90-day period referred to in subsection (a),
the permit shall be deemed issued under section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act
of March 3, 1899 (33 U.S.C. 403), as appropriate, on the day following
such last day.
(d) Limitation.--The Administrator of the Environmental Protection
Agency may not prohibit or restrict an activity or use of an area that
is authorized under this section.
SEC. 6008. MIGRATORY BIRD TREATY ACT PERMIT.
The Secretary of the Interior is deemed to have issued a special
purpose permit under the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.), as described in the application filed with the United States
Fish and Wildlife Service for the Keystone XL pipeline on January 11,
2013.
SEC. 6009. OIL SPILL RESPONSE PLAN DISCLOSURE.
(a) In General.--Any pipeline owner or operator required under
Federal law to develop an oil spill response plan for the Keystone XL
pipeline shall make such plan available to the Governor of each State
in which such pipeline operates to assist with emergency response
preparedness.
(b) Updates.--A pipeline owner or operator required to make
available to a Governor a plan under subsection (a) shall make
available to such Governor any update of such plan not later than 7
days after the date on which such update is made.
TITLE XVI--RELIEF FROM EPA CLIMATE CHANGE REGULATIONS AND FEDERAL
PROHIBITIONS ON SYNTHETIC FUELS
SEC. 7001. 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' shall 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.
SEC. 7002. REPEAL OF FEDERAL BAN ON SYNTHETIC FUELS PURCHASING
REQUIREMENT.
Section 526 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 121 Stat. 1663; 42 U.S.C. 17142) is repealed.
SEC. 7003. SENSE OF CONGRESS OPPOSING CARBON TAX.
It is the sense of the Congress that a carbon tax--
(1) would be detrimental to American families and
businesses; and
(2) is not in the best interest of the United States.
SEC. 7004. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.
(a) In General.--Notwithstanding any other provision of law or any
executive order, the Administrator of the Environmental Protection
Agency may not use the social cost of carbon in order to incorporate
social benefits of reducing carbon dioxide emissions, or for any other
reason, in any cost-benefit analysis relating to an energy-related
rule.
(b) Definition.--In this section, the term ``social cost of
carbon'' means the social cost of carbon as described in the technical
support document entitled ``Technical Support Document: Technical
Update of the Social Cost of Carbon for Regulatory Impact Analysis
Under Executive Order 12866'', published by the Interagency Working
Group on Social Cost of Carbon, United States Government, in May 2013,
or any successor or substantially related document, or any other
estimate of the monetized damages associated with an incremental
increase in carbon dioxide emissions in a given year.
TITLE XVII--ADDRESSING THE PRESIDENT'S WAR ON COAL
Subtitle A--Management and Disposal of Coal Combustion Residuals
SEC. 8001. SHORT TITLE.
This subtitle may be cited as the ``Coal Residuals Reuse and
Management Act of 2014''.
SEC. 8002. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following:
``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.
``(a) State Permit Programs for Coal Combustion Residuals.--Each
State may adopt, implement, and enforce a coal combustion residuals
permit program if such State provides the notification required under
subsection (b)(1), and the certification required under subsection
(b)(2).
``(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)(3)(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 subsection (f)(1)(A)), 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 implementing agency shall
submit to the Administrator a certification that such
coal combustion residuals permit program meets the
requirements described in subsection (c).
``(B) Contents.--A certification submitted under
this paragraph shall include--
``(i) a letter identifying the lead State
implementing agency, 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) an explanation of how the State
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;
``(III) public participation
process for the promulgation,
amendment, or repeal of regulations
for, and the issuance of permits under,
such permit program;
``(IV) statutes, regulations, or
policies pertaining to public access to
information, such as groundwater
monitoring data; and
``(V) statutes, regulations, or
policies pertaining to structural
integrity or dam safety that may be
applied to structures through such
permit program;
``(iv) a certification that the State has
in effect, at the time of certification,
statutes or regulations necessary to implement
a coal combustion residuals permit program that
meets the requirements described in subsection
(c);
``(v) copies of State statutes and
regulations described in clause (iv); and
``(vi) an emergency action plan for State
response to a leak or spill at a structure that
receives coal combustion residuals.
``(C) Updates.--A State may update the
certification as needed to reflect changes to the coal
combustion residuals permit program.
``(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 implementing agency shall maintain an approved permit
program or other system of prior approval and conditions under
section 4005(c) or an authorized program under section 3006.
``(c) Requirements for a Coal Combustion Residuals Permit
Program.--A coal combustion residuals permit program shall consist of
the following:
``(1) General requirements.--
``(A) In general.--The implementing agency shall--
``(i) apply the subset of the revised
criteria described in paragraph (2) to owners
or operators of structures, including surface
impoundments, that receive coal combustion
residuals on or after the date of enactment of
this section;
``(ii) with respect to structures that are
receiving coal combustion residuals as of the
date of enactment of this section, take the
actions required under paragraph (3);
``(iii) impose requirements for surface
impoundments that do not meet certain criteria
pursuant to paragraph (4); and
``(iv) require that closure of structures
occur in accordance with paragraph (5).
``(B) Structural integrity.--
``(i) Engineering certification.--The
implementing agency shall require that an
independent registered professional engineer
certify that--
``(I) the design of each structure
that receives coal combustion residuals
on or after the date of enactment of
this section is in accordance with
recognized and generally accepted good
engineering practices for containment
of the maximum volume of coal
combustion residuals and liquids which
can be impounded therein; and
``(II) the construction and
maintenance of the structure will
ensure structural stability.
``(ii) Emergency action plan.--The
implementing agency shall require that the
owner or operator of any structure that is a
surface impoundment that receives coal
combustion residuals on or after the date of
enactment of this section and that is
classified by the State 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) prepare and
maintain an emergency action plan that
identifies responsible persons and actions to
be taken in the event of a dam safety
emergency.
``(iii) Inspection.--
``(I) In general.--The implementing
agency shall require that structures
that are surface impoundments that
receive coal combustion residuals on or
after the date of enactment of this
section be inspected not less than
annually by an independent registered
professional engineer to assure that
the design, operation, and maintenance
of the surface impoundment is in
accordance with recognized and
generally accepted good engineering
practices for containment of the
maximum volume of coal combustion
residuals and liquids which can be
impounded therein, so as to ensure dam
stability.
``(II) Potentially hazardous
conditions.--The implementing agency
shall require that if an inspection
under subclause (I), or a periodic
evaluation under clause (iv), reveals a
potentially hazardous condition, the
owner or operator of the structure
shall immediately take action to
mitigate the potentially hazardous
condition and notify appropriate State
and local first responders.
``(iv) Periodic evaluation.--The
implementing agency shall require that
structures that are surface impoundments that
receive coal combustion residuals on or after
the date of enactment of this section be
periodically evaluated for appearances of
structural weakness.
``(v) Deficiency.--
``(I) In general.--If the head of
the implementing agency determines that
a structure is deficient with respect
to the requirements in clause (i),
(iii), or (iv), the head of the agency
has the authority to require action to
correct the deficiency according to a
schedule determined by the agency.
``(II) Uncorrected deficiencies.--
If a deficiency is not corrected
according to the schedule, the head of
the implementing agency has the
authority to require that the structure
close in accordance with paragraph (5).
``(III) Dam safety consultation.--
In the case of a structure that is a
surface impoundment, the head of the
implementing agency shall, in making a
determination under subclause (I),
consult with appropriate State dam
safety officials.
``(C) Location.--The implementing agency shall
require that structures that first receive coal
combustion residuals on or after the date of enactment
of this section shall be constructed with a base
located a minimum of 2 feet above the upper limit of
the water table, unless it is demonstrated to the
satisfaction of the implementing agency that--
``(i) the hydrogeologic characteristics of
a structure and surrounding land would preclude
such a requirement; and
``(ii) the function and integrity of the
liner system will not be adversely impacted by
contact with the water table.
``(D) Wind dispersal.--
``(i) In general.--The implementing agency
shall require that owners or operators of
structures that receive coal combustion
residuals on or after the date of enactment of
this section address wind dispersal of dust by
requiring cover, or by wetting coal combustion
residuals with water to a moisture content that
prevents wind dispersal, facilitates
compaction, and does not result in free
liquids.
``(ii) Alternative methods.--Subject to the
review and approval by the implementing agency,
owners or operators of structures that receive
coal combustion residuals on or after the date
of enactment of this section may propose
alternative methods to address wind dispersal
of dust that will provide comparable or more
effective control of dust.
``(E) Permits.--The implementing agency shall
require that owners or operators of structures that
receive coal combustion residuals on or after the date
of enactment of this section apply for and obtain
permits incorporating the requirements of the coal
combustion residuals permit program.
``(F) Public availability of information.--Except
for information with respect to which disclosure is
prohibited under section 1905 of title 18, United
States Code, the implementing agency shall ensure
that--
``(i) documents for permit determinations
are made available for public review and
comment under the public participation process
described in subsection (b)(2)(B)(iii)(III) or
in subsection (e)(6), as applicable;
``(ii) final determinations on permit
applications are made known to the public; and
``(iii) groundwater monitoring data
collected under paragraph (2) is publicly
available.
``(G) Agency authority.--
``(i) In general.--The implementing agency
has the authority to--
``(I) obtain information necessary
to determine whether the owner or
operator of a structure is in
compliance with the requirements of
this subsection;
``(II) conduct or require
monitoring and testing to ensure that
structures are in compliance with the
requirements of this subsection; and
``(III) enter, at reasonable times,
any site or premise subject to the coal
combustion residuals permit program for
the purpose of inspecting structures
and reviewing records relevant to the
design, operation, and maintenance of
structures.
``(ii) Monitoring and testing.--If
monitoring or testing is conducted under clause
(i)(II) by or for the implementing agency, the
implementing agency shall, if requested,
provide to the owner or operator--
``(I) a written description of the
monitoring or testing completed;
``(II) at the time of sampling, a
portion of each sample equal in volume
or weight to the portion retained by or
for the implementing agency; and
``(III) a copy of the results of
any analysis of samples collected by or
for the implementing agency.
``(2) Revised criteria.--The subset of the revised criteria
referred to in paragraph (1)(A)(i) are as follows:
``(A) Design requirements.--For new structures, and
lateral expansions of existing structures, that first
receive coal combustion residuals on or 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, except
that the leachate collection system requirements
described in section 258.40(a)(2) of title 40, Code of
Federal Regulations, do not apply to structures that
are surface impoundments.
``(B) Groundwater monitoring and corrective
action.--For all structures that receive coal
combustion residuals on or 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 subparagraph, the 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, establishing a groundwater
protection standard, and assessment of
corrective measures, the constituents aluminum,
boron, chloride, fluoride, iron, manganese,
molybdenum, pH, sulfate, and total dissolved
solids.
``(C) Closure.--For all structures that receive
coal combustion residuals on or after the date of
enactment of this section, in a manner consistent with
paragraph (5), the revised criteria for closure
described in subsections (a) through (c) and (h)
through (j) of section 258.60 of title 40, Code of
Federal Regulations.
``(D) Post-closure.--For all structures that
receive coal combustion residuals on or after the date
of enactment of this section, the revised criteria for
post-closure care described in section 258.61 of title
40, Code of Federal Regulations, except for the
requirement described in subsection (a)(4) of that
section.
``(E) Location restrictions.--The revised criteria
for location restrictions described in--
``(i) for new structures, and lateral
expansions of existing structures, that first
receive coal combustion residuals on or 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 on or after the date
of enactment of this section, sections 258.11
and 258.15 of title 40, Code of Federal
Regulations.
``(F) Air quality.--For all structures that receive
coal combustion residuals on or 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.
``(G) Financial assurance.--For all structures that
receive coal combustion residuals on or 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.
``(H) Surface water.--For all structures that
receive coal combustion residuals on or 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.
``(I) Recordkeeping.--For all structures that
receive coal combustion residuals on or 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.
``(J) Run-on and run-off control systems for land-
based units.--For all landfills and other land-based
units, other than surface impoundments, that receive
coal combustion residuals on or 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.
``(K) Run-off control systems for surface
impoundments.--For all surface impoundments that
receive coal combustion residuals on or 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) Permit program implementation for existing
structures.--
``(A) Notification.--Not later than the date on
which a State submits a certification under subsection
(b)(2), not later than 30 months after the
Administrator receives notice under subsection
(e)(1)(A), or not later than 36 months after the date
of enactment of this section with respect to a coal
combustion residuals permit program that is being
implemented by the Administrator under subsection
(e)(3), as applicable, the implementing agency shall
notify owners or operators of structures that are
receiving coal combustion residuals as of the date of
enactment of this section within the State of--
``(i) the obligation to apply for and
obtain a permit under subparagraph (C); and
``(ii) the requirements referred to in
subparagraph (B).
``(B) Compliance with certain requirements.--Not
later than 12 months after the date on which a State
submits a certification under subsection (b)(2), not
later than 42 months after the Administrator receives
notice under subsection (e)(1)(A), or not later than 48
months after the date of enactment of this section with
respect to a coal combustion residuals permit program
that is being implemented by the Administrator under
subsection (e)(3), as applicable, the implementing
agency shall require owners or operators of structures
that are receiving coal combustion residuals as of the
date of enactment of this section to comply with--
``(i) the requirements under paragraphs
(1)(B)(ii) and (iii), (1)(D), (2)(B), (2)(F),
(2)(H), (2)(J), and (2)(K); and
``(ii) the groundwater recordkeeping
requirement described in section 258.29(a)(5)
of title 40, Code of Federal Regulations.
``(C) Permits.--
``(i) Permit deadline.--Not later than 48
months after the date on which a State submits
a certification under subsection (b)(2), not
later than 78 months after the Administrator
receives notice under subsection (e)(1)(A), or
not later than 84 months after the date of
enactment of this section with respect to a
coal combustion residuals permit program that
is being implemented by the Administrator under
subsection (e)(3), as applicable, the
implementing agency shall issue, with respect
to a structure that is receiving coal
combustion residuals as of the date of
enactment of this section, a final permit
incorporating the requirements of the coal
combustion residuals permit program, or a final
denial for an application submitted requesting
such a permit.
``(ii) Application deadline.--The
implementing agency shall identify, in
collaboration with the owner or operator of a
structure described in clause (i), a reasonable
deadline by which the owner or operator shall
submit a permit application under such clause.
``(D) Interim operation.--
``(i) Prior to deadlines.--With respect to
any period of time on or after the date of
enactment of this section but prior to the
applicable deadline in subparagraph (B), the
owner or operator of a structure that is
receiving coal combustion residuals as of the
date of enactment of this section may continue
to operate such structure until such applicable
deadline under the applicable authority in
effect.
``(ii) Prior to permit.--Unless the
implementing agency determines that the
structure should close pursuant to paragraph
(5), if the owner or operator of a structure
that is receiving coal combustion residuals as
of the date of enactment of this section meets
the requirements referred to in subparagraph
(B) by the applicable deadline in such
subparagraph, the owner or operator may operate
the structure until such time as the
implementing agency issues, under subparagraph
(C), a final permit incorporating the
requirements of the coal combustion residuals
permit program, or a final denial for an
application submitted requesting such a permit.
``(4) Requirements for surface impoundments that do not
meet certain criteria.--
``(A) Surface impoundments that require assessment
of corrective measures within 10 years of the date of
enactment.--
``(i) In general.--In addition to the
groundwater monitoring and corrective action
requirements described in paragraph (2)(B), the
implementing agency shall require a surface
impoundment that receives coal combustion
residuals on or after the date of enactment of
this section to comply with the requirements in
clause (ii) of this subparagraph and clauses
(i) and (ii) of subparagraph (D) if the surface
impoundment--
``(I) does not--
``(aa) have a liner system
described in section 258.40(b)
of title 40, Code of Federal
Regulations; and
``(bb) meet the design
criteria described in section
258.40(a)(1) of title 40, Code
of Federal Regulations; and
``(II) within 10 years after the
date of enactment of this section, is
required under section 258.56(a) of
title 40, Code of Federal Regulations,
to undergo an assessment of corrective
measures for any constituent covered
under subpart E of part 258 of title
40, Code of Federal Regulations, or
otherwise identified in paragraph
(2)(B)(ii) of this subsection, for
which assessment groundwater monitoring
is required.
``(ii) Deadline to meet groundwater
protection standard.--Except as provided in
subparagraph (C), the implementing agency shall
require that the groundwater protection
standard, for surface impoundments identified
in clause (i) of this subparagraph, established
by the implementing agency under section
258.55(h) or 258.55(i) of title 40, Code of
Federal Regulations, for any constituent for
which corrective measures are required shall be
met--
``(I) as soon as practicable at the
relevant point of compliance, as
described in section 258.40(d) of title
40, Code of Federal Regulations; and
``(II) not later than 10 years
after the date of enactment of this
section.
``(B) Surface impoundments subject to a state
corrective action requirement as of the date of
enactment.--
``(i) In general.--In addition to the
groundwater monitoring and corrective action
requirements described in paragraph (2)(B), the
implementing agency shall require a surface
impoundment that receives coal combustion
residuals on or after the date of enactment of
this section to comply with the requirements in
clause (ii) of this subparagraph and clauses
(i) and (ii) of subparagraph (D) if the surface
impoundment--
``(I) does not--
``(aa) have a liner system
described in section 258.40(b)
of title 40, Code of Federal
Regulations; and
``(bb) meet the design
criteria described in section
258.40(a)(1) of title 40, Code
of Federal Regulations; and
``(II) as of the date of enactment
of this section, is subject to a State
corrective action requirement.
``(ii) Deadline to meet groundwater
protection standard.--Except as provided in
subparagraph (C), the implementing agency shall
require that the groundwater protection
standard, for surface impoundments identified
in clause (i) of this subparagraph, established
by the implementing agency under section
258.55(h) or 258.55(i) of title 40, Code of
Federal Regulations, for any constituent for
which corrective measures are required shall be
met--
``(I) as soon as practicable at the
relevant point of compliance, as
described in section 258.40(d) of title
40, Code of Federal Regulations; and
``(II) not later than 8 years after
the date of enactment of this section.
``(C) Extension of deadline.--
``(i) In general.--Except as provided in
clause (ii) of this subparagraph, the deadline
for meeting a groundwater protection standard
under subparagraph (A)(ii) or (B)(ii) may be
extended by the implementing agency, after
opportunity for public notice and comment under
the public participation process described in
subsection (b)(2)(B)(iii)(III), or in
subsection (e)(6) based on--
``(I) the effectiveness of any
interim measures implemented by the
owner or operator of the facility under
section 258.58(a)(3) of title 40, Code
of Federal Regulations;
``(II) the level of progress
demonstrated in meeting the groundwater
protection standard;
``(III) the potential for other
adverse human health or environmental
exposures attributable to the
contamination from the surface
impoundment undergoing corrective
action; and
``(IV) the lack of available
alternative management capacity for the
coal combustion residuals and related
materials managed in the impoundment at
the facility at which the impoundment
is located if the owner or operator has
used best efforts, as necessary, to
design, obtain any necessary permits,
finance, construct, and render
operational the alternative management
capacity during the time period for
meeting a groundwater protection
standard in subparagraph (A)(ii) or
(B)(ii).
``(ii) Exception.--The deadline under
subparagraph (A)(ii) or (B)(ii) shall not be
extended if there has been contamination of
public or private drinking water systems
attributable to a surface impoundment
undergoing corrective action, unless the
contamination has been addressed by providing a
permanent replacement water system.
``(D) Additional requirements.--
``(i) Closure.--If the deadline under
subparagraph (A)(ii), (B)(ii), or (C) is not
satisfied, the surface impoundment shall cease
receiving coal combustion residuals and
initiate closure under paragraph (5).
``(ii) Interim measures.--
``(I) In general.--Except as
provided in subclause (II), not later
than 90 days after the date on which
the assessment of corrective measures
is initiated, the owner or operator of
a surface impoundment described in
subparagraph (A) or (B) shall implement
interim measures, as necessary, under
the factors in section 258.58(a)(3) of
title 40, Code of Federal Regulations.
``(II) Impoundments subject to
state corrective action requirement as
of the date of enactment.--Subclause
(I) shall only apply to surface
impoundments subject to a State
corrective action requirement as of the
date of enactment of this section if
the owner or operator has not
implemented interim measures, as
necessary, under the factors in section
258.58(a)(3) of title 40, Code of
Federal Regulations.
``(E) Surface impoundments that require assessment
of corrective measures more than 10 years after date of
enactment.--
``(i) In general.--In addition to the
groundwater monitoring and corrective action
requirements described in paragraph (2)(B), the
implementing agency shall require a surface
impoundment that receives coal combustion
residuals on or after the date of enactment of
this section to comply with the requirements in
clause (ii) if the surface impoundment--
``(I) does not--
``(aa) have a liner system
described in section 258.40(b)
of title 40, Code of Federal
Regulations; and
``(bb) meet the design
criteria described in section
258.40(a)(1) of title 40, Code
of Federal Regulations; and
``(II) more than 10 years after the
date of enactment of this section, is
required under section 258.56(a) title
40, Code of Federal Regulations, to
undergo an assessment of corrective
measures for any constituent covered
under subpart E of part 258 of title
40, Code of Federal Regulations, or
otherwise identified in paragraph
(2)(B)(ii) of this subsection, for
which assessment groundwater monitoring
is required.
``(ii) Requirements.--
``(I) Closure.--The surface
impoundments identified in clause (i)
shall cease receiving coal combustion
residuals and initiate closure in
accordance with paragraph (5) after
alternative management capacity at the
facility is available for the coal
combustion residuals and related
materials managed in the impoundment.
``(II) Best efforts.--The
alternative management capacity shall
be developed as soon as practicable
with the owner or operator using best
efforts to design, obtain necessary
permits for, finance, construct, and
render operational the alternative
management capacity.
``(III) Alternative capacity
management plan.--The owner or operator
shall, in collaboration with the
implementing agency, prepare a written
plan that describes the steps necessary
to develop the alternative management
capacity and includes a schedule for
completion.
``(IV) Public participation.--The
plan described in subclause (III) shall
be subject to public notice and comment
under the public participation process
described in subsection
(b)(2)(B)(iii)(III) or in subsection
(e)(6), as applicable.
``(5) Closure.--
``(A) In general.--If it is determined by the
implementing agency that a structure should close
because the requirements of a coal combustion residuals
permit program are not being satisfied with respect to
such structure, or if it is determined by the owner or
operator 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 of closure as soon as practicable and
that takes into account the nature and the site-
specific characteristics of the structure to be closed.
``(B) Surface impoundment.--In the case of a
surface impoundment, the closure plan under
subparagraph (A) shall require, at a minimum, the
removal of liquid and the stabilization of remaining
waste, as necessary to support the final cover.
``(d) Federal Review of State Permit Programs.--
``(1) In general.--The Administrator shall provide to a
State written notice and an opportunity to remedy deficiencies
in accordance with paragraph (3) if at any time the State--
``(A) does not satisfy the notification requirement
under subsection (b)(1);
``(B) has not submitted a certification required
under subsection (b)(2);
``(C) does not satisfy the maintenance requirement
under subsection (b)(3);
``(D) is not implementing a coal combustion
residuals permit program, with respect to which the
State has submitted a certification under subsection
(b)(2), that meets the requirements described in
subsection (c);
``(E) is not implementing a coal combustion
residuals permit program, with respect to which the
State has submitted a certification under subsection
(b)(2)--
``(i) that is consistent with such
certification; and
``(ii) for which the State continues to
have in effect statutes or regulations
necessary to implement such program; or
``(F) does not make available to the Administrator,
within 90 days of a written request, specific
information necessary for the Administrator to
ascertain whether the State has satisfied the
requirements described in subparagraphs (A) through
(E).
``(2) Request.--If a request described in paragraph (1)(F)
is proposed pursuant to a petition to the Administrator, the
Administrator shall only make the request if the Administrator
does not possess the information necessary to ascertain whether
the State has satisfied the requirements described in
subparagraphs (A) through (E) of such paragraph.
``(3) Contents of notice; deadline for response.--A notice
provided under paragraph (1) shall--
``(A) include findings of the Administrator
detailing any applicable deficiencies described in
subparagraphs (A) through (F) of paragraph (1); and
``(B) identify, in collaboration with the State, a
reasonable deadline by which the State shall remedy
such applicable deficiencies, which shall be--
``(i) in the case of a deficiency described
in subparagraphs (A) through (E) of paragraph
(1), not earlier than 180 days after the date
on which the State receives the notice; and
``(ii) in the case of a deficiency
described in paragraph (1)(F), not later than
90 days after the date on which the State
receives the notice.
``(4) Criteria for determining deficiency of state permit
program.--In making a determination whether a State has failed
to satisfy the requirements described in subparagraphs (A)
through (E) of paragraph (1), or a determination under
subsection (e)(1)(B), the Administrator shall consider, as
appropriate--
``(A) whether the State's statutes or regulations
to implement a coal combustion residuals permit program
are not sufficient to meet the requirements described
in subsection (c) because of--
``(i) failure of the State to promulgate or
enact new statutes or regulations when
necessary; or
``(ii) action by a State legislature or
court striking down or limiting such State
statutes or regulations;
``(B) whether the operation of the State coal
combustion residuals permit program fails to comply
with the requirements of subsection (c) because of--
``(i) failure of the State to issue permits
as required in subsection (c)(1)(E);
``(ii) repeated issuance of permits by the
State which do not meet the requirements of
subsection (c);
``(iii) failure of the State to comply with
the public participation requirements of this
section; or
``(iv) failure of the State to implement
corrective action requirements as described in
subsection (c)(2)(B); and
``(C) whether the enforcement of a State coal
combustion residuals permit program fails to comply
with the requirements of this section because of--
``(i) failure to act on violations of
permits, as identified by the State; or
``(ii) repeated failure by the State to
inspect or otherwise determine compliance
pursuant to the process identified in
subsection (b)(2)(B)(iii)(I).
``(e) Implementation by Administrator.--
``(1) Federal backstop authority.--The Administrator shall
implement a coal combustion residuals permit program for a
State only if--
``(A) the Governor of the State notifies the
Administrator under subsection (b)(1) that the State
will not adopt and implement a permit program;
``(B) the State has received a notice under
subsection (d) and the Administrator determines, after
providing a 30-day period for notice and public
comment, that the State has failed, by the deadline
identified in the notice under subsection (d)(3)(B), to
remedy the deficiencies detailed in the notice under
subsection (d)(3)(A); or
``(C) the State informs the Administrator, in
writing, that such State will no longer implement such
a permit program.
``(2) Review.--A State may obtain a review of a
determination by the Administrator under this subsection as if
the determination was a final regulation for purposes of
section 7006.
``(3) Other structures.--For structures that receive coal
combustion residuals on or after the date of enactment of this
section located on property within the exterior boundaries of a
State that the State does not have authority or jurisdiction to
regulate, the Administrator shall implement a coal combustion
residuals permit program only for those structures.
``(4) Requirements.--If the Administrator implements a coal
combustion residuals permit program for a State under paragraph
(1) or (3), the permit program shall consist of the
requirements described in subsection (c).
``(5) Enforcement.--
``(A) In general.--If the Administrator implements
a coal combustion residuals permit program for a State
under paragraph (1)--
``(i) the authorities referred to in
section 4005(c)(2)(A) shall apply with respect
to coal combustion residuals and structures for
which the Administrator is implementing the
coal combustion residuals permit program; and
``(ii) the Administrator may use those
authorities to inspect, gather information, and
enforce the requirements of this section in the
State.
``(B) Other structures.--If the Administrator
implements a coal combustion residuals permit program
under paragraph (3)--
``(i) the authorities referred to in
section 4005(c)(2)(A) shall apply with respect
to coal combustion residuals and structures for
which the Administrator is implementing the
coal combustion residuals permit program; and
``(ii) the Administrator may use those
authorities to inspect, gather information, and
enforce the requirements of this section for
the structures for which the Administrator is
implementing the coal combustion residuals
permit program.
``(6) Public participation process.--If the Administrator
implements a coal combustion residuals permit program for a
State under this subsection, the Administrator shall provide a
30-day period for the public participation process required in
paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of
subsection (c).
``(f) State Control After Implementation by Administrator.--
``(1) State control.--
``(A) New adoption, or resumption of, and
implementation by state.--For a State for which the
Administrator is implementing a coal combustion
residuals permit program under subsection (e)(1)(A), or
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, after
providing a 30-day period for notice
and public comment, that the State coal
combustion residuals permit program
meets the requirements described in
subsection (c); 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 only the deficiencies
detailed in the notice pursuant to subsection
(d)(3)(A); and
``(ii) receiving from the Administrator--
``(I) a determination, after
providing a 30-day period for notice
and public comment, 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.
``(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
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.--Program
requirements of, and 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 program requirements, actions, and
orders until such time as--
``(i) the implementing agency changes the
requirements of the coal combustion residuals
permit program with respect to the basis for
the action or order; or
``(ii) the State or the Administrator,
whichever took the action or issued the order,
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)(1) 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) 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
subsections (d) and (e) and section 6005, 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 as affecting the authority of the
Administrator under section 7003 with respect to coal
combustion residuals.
``(C) 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 enforcement assistance requested.
``(D) Concurrent enforcement.--Except as provided
in subparagraph (C), the Administrator shall not have
concurrent enforcement authority when a State is
implementing a coal combustion residuals permit
program, including during any period of interim
operation described in subsection (c)(3)(D).
``(E) Other authority.--The Administrator shall not
have authority to finalize the proposed rule published
at pages 35128 through 35264 of volume 75 of the
Federal Register (June 21, 2010).
``(F) Other response authority.--Nothing in this
section shall be construed as affecting the authority
of the Administrator under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) with respect to coal
combustion residuals.
``(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.
``(i) Mine Reclamation Activities.--A coal combustion residuals
permit program implemented by the Administrator under subsection (e)
shall not apply to the utilization, placement, and storage of coal
combustion residuals at surface mining and reclamation operations.
``(j) 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 non-
hazardous 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 all of the
authorities, activities, and procedures that comprise the
system of prior approval and conditions implemented by or for a
State to regulate the management and disposal of coal
combustion residuals.
``(3) Code of federal regulations.--The term `Code of
Federal Regulations' means the Code of Federal Regulations (as
in effect on the date of enactment of this section) or any
successor regulations.
``(4) Implementing agency.--The term `implementing agency'
means the agency responsible for implementing a coal combustion
residuals permit program for a State, which shall either be the
lead State implementing agency identified under subsection
(b)(2)(B)(i) or the Administrator pursuant to subsection (e).
``(5) Permit; prior approval and conditions.--Except as
provided in subsections (b)(3) and (g), the terms `permit' and
`prior approval and conditions' mean any authorization,
license, or equivalent control document that incorporates the
requirements of subsection (c).
``(6) 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).
``(7) Structure.--
``(A) In general.--Except as provided in
subparagraph (B), the term `structure' means a
landfill, surface impoundment, or other land-based unit
which receives, or is intended to receive, coal
combustion residuals.
``(B) De minimis receipt.--The term `structure'
does not include any land-based unit that receives only
de minimis quantities of coal combustion residuals if
the presence of coal combustion residuals is incidental
to the material managed in the unit.''.
(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.''.
SEC. 8003. 2000 REGULATORY DETERMINATION.
Nothing in this subtitle, or the amendments made by this subtitle,
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.).
SEC. 8004. TECHNICAL ASSISTANCE.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to affect the authority of a State to request, or
the Administrator of the Environmental Protection Agency to provide,
technical assistance under the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.).
SEC. 8005. FEDERAL POWER ACT.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to affect the obligations of an owner or operator of
a structure (as defined in section 4011 of the Solid Waste Disposal
Act, as added by this Act) under section 215(b)(1) of the Federal Power
Act (16 U.S.C. 824o(b)(1)).
Subtitle B--Surface Mining Stream Buffer Zone Rule
SEC. 8011. SHORT TITLE.
This subtitle may be cited as the ``Preventing Government Waste and
Protecting Coal Mining Jobs in America''.
SEC. 8012. INCORPORATION OF SURFACE MINING STREAM BUFFER ZONE RULE INTO
STATE PROGRAMS.
(a) In General.--Section 503 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1253) is amended by adding at the
end the following:
``(e) Stream Buffer Zone Management.--
``(1) In general.--In addition to the requirements under
subsection (a), each State program shall incorporate the
necessary rule regarding excess spoil, coal mine waste, and
buffers for perennial and intermittent streams published by the
Office of Surface Mining Reclamation and Enforcement on
December 12, 2008 (73 Fed. Reg. 75813 et seq.).
``(2) Study of implementation.--The Secretary shall--
``(A) at such time as the Secretary determines all
States referred to in subsection (a) have fully
incorporated the necessary rule referred to in
paragraph (1) of this subsection into their State
programs, publish notice of such determination;
``(B) during the 5-year period beginning on the
date of such publication, assess the effectiveness of
implementation of such rule by such States; and
``(C) upon the conclusion of such period, submit a
comprehensive report on the impacts of such rule to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, including--
``(i) an evaluation of the effectiveness of
such rule;
``(ii) an evaluation of any ways in which
the existing rule inhibits energy production;
and
``(iii) a description in detail of any
proposed changes that should be made to the
rule, the justification for such changes, all
comments on such changes received by the
Secretary from such States, and the projected
costs and benefits of such changes.
``(3) Limitation on new regulations.--The Secretary may not
issue any regulations under this Act relating to stream buffer
zones or stream protection before the date of the publication
of the report under paragraph (2), other than a rule necessary
to implement paragraph (1).''.
(b) Deadline for State Implementation.--Not later than 2 years
after the date of the enactment of this Act, a State with a State
program approved under section 503 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1253) shall submit to the Secretary
of the Interior amendments to such program pursuant to part 732 of
title 30, Code of Federal Regulations, incorporating the necessary rule
referred to in subsection (e)(1) of such section, as amended by this
section.
TITLE XVIII--SATISFYING ENERGY NEEDS AND SAVING THE ENVIRONMENT
SEC. 9001. SHORT TITLE.
This Act may be cited as the ``Satisfying Energy Needs and Saving
the Environment Act of 2014'' or the ``SENSE Act of 2014''.
SEC. 9002. INAPPLICABILITY OF CERTAIN EMISSION LIMITS FOR ELECTRIC
UTILITY STEAM GENERATING UNITS THAT CONVERT COAL REFUSE
INTO ENERGY.
(a) Inapplicability of Certain Emission Limits for Certain EGUs.--
The emission limits for hydrogen chloride and sulfur dioxide in table 2
to subpart UUUUU of part 63 of title 40, Code of Federal Regulations,
entitled ``Emission Limits for Existing EGUs'', shall not apply to an
electric utility steam generating unit in the subcategory ``Coal-fired
unit not low rank virgin coal'' if such electric utility steam
generating unit--
(1) is in operation as of the date of enactment of this
Act;
(2) utilizes circulating fluidized bed technology to
convert coal refuse into energy; and
(3)(A) derives at least 75 percent of its heat input from
coal refuse; or
(B) is a qualifying facility.
(b) Definitions.--In this section:
(1) Coal refuse.--The term ``coal refuse'' means any
byproduct of coal mining, physical coal cleaning, or coal
preparation operations, that contains coal, matrix material,
clay, and other organic and inorganic material.
(2) Qualifying cogeneration facility.--The term
``qualifying cogeneration facility'' has the meaning given such
term in section 3 of the Federal Power Act (16 U.S.C. 796).
(3) Qualifying facility.--The term ``qualifying facility''
means--
(A) a qualifying small power production facility;
or
(B) a qualifying cogeneration facility.
(4) Qualifying small power production facility.--The term
``qualifying small power production facility'' has the meaning
given such term in section 3 of the Federal Power Act (16
U.S.C. 796).
TITLE XIX--NUCLEAR REGULATORY COMMISSION REORGANIZATION PLAN
CODIFICATION AND COMPLEMENTS
SEC. 10001. SHORT TITLE.
This title may be cited as the ``Nuclear Regulatory Commission
Reorganization Plan Codification and Complements Act''.
Subtitle A--Replacement of Reorganization Plan
SEC. 10011. GENERAL FUNCTIONS.
(a) Functions.--Those functions of the Nuclear Regulatory
Commission (in this subtitle referred to as the ``Commission'')
concerned with--
(1) policy formulation;
(2) rulemaking, as defined in section 553 of title 5 of the
United States Code, except that those matters set forth in 553
(a)(2) and (b) which do not pertain to policy formulation
orders or adjudications shall be reserved to the Chairman of
the Commission;
(3) orders and adjudications, as defined in section 551 (6)
and (7) of title 5 of the United States Code; and
(4) approving the distribution of appropriated funds
according to programs and purposes proposed by the Executive
Director for Operations,
shall remain vested in the Commission. A majority of the Commission may
determine, in an area of doubt, whether any matter, action, question,
or area of inquiry pertains to one of these functions. Any member of
the Commission may request such a vote. Any member of the Commission
may propose a policy matter for consideration by the Commission. All
members of the Commission shall have full, unfettered, timely, and
equal access to information pertaining to its functions. The
performance of any portion of these functions may be delegated by the
Commission to a member of the Commission, including the Chairman of the
Commission (in this subtitle referred to as the ``Chairman'') and to
the staff.
(b) Officers and Employees.--
(1) Officers.--With respect to the following officers or
successor officers duly established by statute or by the
Commission, the Chairman shall initiate the appointment,
subject to the approval of the Commission, and the Chairman or
a member of the Commission may initiate an action for removal,
subject to the approval of the Commission by majority vote:
(A) Executive Director for Operations.
(B) Chief and Deputy Chief Financial Officer.
(C) General Counsel.
(D) Director of the Office of Commission Appellate
Adjudication.
(E) Secretary of the Commission.
(F) Director of the Office of Public Affairs.
(G) Director of the Office of Congressional
Affairs.
(H) Director of the Office of International
Programs.
(I) Chief Administrative Judge and members of the
Atomic Safety and Licensing Board Panel.
Any performance evaluation or rating of the officers listed in
subparagraphs (A) through (I) shall be determined by a majority
vote of the members of the Commission.
(2) Replacement of officers.--(A) In the event of a vacancy
in a position described in paragraph (1), the Chairman may
designate an acting officer for a maximum of 60 days, after
which any further extension must be approved by the Commission.
If, at the end of 60 days, the Commission has not approved the
appointment of an officer proposed by the Chairman, or the
Chairman has not proposed one, any Commissioner may initiate
the appointment subject to approval of the Commission.
(B) With respect to the following officers or successor
officers duly established by statute or by the Commission, the
Chairman, after consultation with the Executive Director for
Operations, shall initiate the appointment, subject to the
approval of the Commission, and the Chairman, or a member of
the Commission may initiate an action for removal, subject to
the approval of the Commission by majority vote:
(i) Director of the Office of Nuclear Reactor
Regulation.
(ii) Director of the Office of Nuclear Material
Safety and Safeguards.
(iii) Director of the Office of Nuclear Regulatory
Research.
(iv) Director of the Office of Nuclear Security and
Incident Response.
(v) Director of the Office of New Reactors.
(vi) Director of the Office of Federal and State
Materials and Environmental Management Programs.
(vii) Director of the Office of Investigations.
(viii) Director of the Office of Enforcement.
(3) Appointment of advisory committee on reactor
safeguards.--The Chairman or a member of the Commission shall
initiate the appointment of the Members of the Advisory
Committee on Reactor Safeguards, subject to the approval of the
Commission. The provisions for appointment of the Chairman of
the Advisory Committee on Reactor Safeguards and the term of
the members shall not be affected by the provisions of this
subtitle.
(4) Delegation of staff supervision functions.--The
Commission shall delegate the function of appointing, removing,
and supervising the staff of the following offices or successor
offices to the respective heads of such offices: Executive
Director for Operations, General Counsel, Secretary of the
Commission, Chief Financial Officer, Office of Commission
Appellate Adjudication, Office of Congressional Affairs, Office
of Public Affairs, and Office of International Programs. The
Commission shall delegate the functions of appointing,
removing, and supervising the staff of the following panels and
committee to the respective Chairmen thereof: Atomic Safety and
Licensing Board Panel and Advisory Committee on Reactor
Safeguards.
(c) Commission Member Offices.--Each member of the Commission shall
appoint, remove, and supervise the personnel employed in his or her
immediate office.
(d) Performance of Functions.--The Commission shall act as provided
by section 201(a)(1) of the Energy Reorganization Act of 1974 (42
U.S.C. 5841(a)(1)) in the performance of its functions as described in
subsections (a) and (b) of this section.
SEC. 10012. CHAIRMAN.
(a) Functions.--Except as otherwise provided in section 10011, all
functions of the Commission shall rest with the Chairman. The Chairman
shall be the official spokesman for the Commission and, as such, shall
represent the policies determined by a majority of the Commission.
(b) Additional Functions.--The Chairman shall also be the principal
executive officer of the Commission, and shall be responsible to the
Commission for assuring that the Executive Director for Operations and
the staff of the Commission (other than the officers and staff referred
to in section 10011(b)(4) and (c)) are responsive to the requirements
of the Commission in the performance of its functions; shall determine
the use and expenditure of funds of the Commission, in accordance with
the distribution of appropriated funds according to programs and
purposes approved by the Commission; shall present to the Commission
for its consideration the proposals set forth in paragraph (3); and
shall be responsible for the following functions, which the Chairman
shall delegate, subject to the Chairman's direction and supervision, to
the Executive Director for Operations unless otherwise provided by this
title:
(1) Administrative functions of the Commission.
(2) Distribution of business among such personnel and among
administrative units and offices of the Commission.
(3) Preparation of proposals for the reorganization of the
major offices of the Commission.
(4) Appointing and removing, without any further action by
the Commission, all officers and employees under the Commission
other than those whose appointment and removal are specifically
provided for by section 10011(b) and (c).
(c) Governing Principles.--
(1) In general.--The Chairman as principal executive
officer and the Executive Director for Operations shall be
governed by the general policies of the Commission and by such
regulatory decisions, findings, and determinations, including
those for reorganization proposals, budget revisions, and
distribution of appropriated funds, as the Commission may by
law, including this subtitle, be authorized to make.
(2) Full and current information.--The Chairman and the
Executive Director for Operations shall have joint
responsibility insuring that the Commission is fully and
currently informed about matters within its functions.
(3) Failure to act in accordance.--If a majority of
Commissioners determine that the Chairman has not acted in
accordance with paragraph (1) or (2), such Commissioners shall
provide written notice of the determination to the President
and provide copies thereof to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Environment and Public Works of the Senate.
SEC. 10013. EMERGENCY AUTHORITY.
(a) In General.--Notwithstanding sections 10001 and 10002, the
Chairman is authorized to exercise emergency authority described in
paragraph (4), subject to the following limitations:
(1) The Chairman may not exercise emergency authority
unless and until the Chairman declares a specific emergency
exists and, not later than 24 hours after such declaration,
notifies--
(A) the Commission, the Committee on Energy and
Commerce of the House of Representatives, and the
Committee on Environment and Public Works of the
Senate, in writing; and
(B) the public.
(2) The Chairman may only exercise emergency authority in
response to--
(A) an imminent safety threat pertaining to a
facility or materials licensed or regulated by the
Commission; or
(B) a determination by the Secretary of Homeland
Security, the Secretary of Energy, the Secretary of
Transportation, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence
Agency, or the Director of National Intelligence of an
imminent security threat to a facility or materials
licensed or regulated by the Commission.
Where authority is exercised pursuant to this section, public
notification may be delayed provided that the Chairman
determines that prior public disclosure would constitute a risk
to public health and safety and so notifies the Commission, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Environment and Public
Works of the Senate.
(3) The Chairman may only exercise emergency authority for
the duration of the emergency or 30 days, whichever is less.
The Commission may approve extensions of that time. Each
extension is limited to 30 days and requires notification of
the public, the Committee on Energy and Commerce of the House
of Representatives, and the Committee on Environment and Public
Works of the Senate.
(4) The Chairman's emergency authority includes the
functions of responding to, issuing orders respecting, advising
United States civil authorities and the United States public
about, and directing and coordinating actions relative to such
emergency incident.
(b) Delegation.--The Chairman may delegate the authority to perform
such emergency functions, in whole or in part, to any of the other
members of the Commission. Such authority may also be delegated or
redelegated, in whole or in part, to the staff of the Commission.
(c) Consultation.--To the extent practicable, the Chairman shall
consult with the full Commission on any regulatory or policy actions to
be taken under an emergency. Such consultations shall be exempt from
the requirements of section 552b of title 5, United States Code
(commonly referred to as the ``Government in the Sunshine Act'').
(d) Guidelines and Notice.--In acting under this section, the
Chairman, or other member of the Commission delegated authority under
subsection (b), shall conform to the policy guidelines of the
Commission.
(e) Termination of Emergency.--Upon termination of the emergency,
the Chairman shall immediately notify the Commission, the public, the
Committee on Energy and Commerce of the House of Representatives, and
the Committee on Environment and Public Works of the Senate.
(f) Report.--Within 30 days following the conclusion of the
emergency, the Chairman, or the member of the Commission or member of
the staff delegated the emergency functions under subsection (b), shall
render a complete report of all actions taken during the emergency,
specifically delineating actions taken utilizing the authority provided
in this section, to the Commission, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Environment and Public Works of the Senate.
(g) Commission Procedures.--Not later than 90 days after the date
of enactment of this Act, the Commission shall revise its procedures to
comply with the requirements of this section. Such revision shall
define the roles of the Commissioners during an emergency, specifying--
(1) complete access to records and information relating to
actions taken during the emergency;
(2) complete access to Commission staff involved in the
management of the emergency;
(3) complete access to the location or locations where
decisions are made during the emergency; and
(4) participation in decisions that may affect Commission
actions and policies beyond the response to a particular
emergency to the extent practicable.
SEC. 10014. REPORTING.
(a) Delegation; Direct Communication.--The Chairman may make such
delegations and provide for such reporting as the Chairman deems
necessary, subject to provisions of law. Any officer or employee under
the Commission may communicate directly to the Commission, or to any
member of the Commission, whenever in the view of such officer or
employee a critical problem, or matter of public health and safety or
common defense and security, is not being properly addressed.
(b) Executive Director for Operations.--The Executive Director for
Operations shall report for all matters to the Chairman.
(c) Functions.--The Directors of Nuclear Reactor Regulations,
Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research
shall report to the Executive Director for Operations.
(d) Direct Reporting.--The heads of the Commission level offices or
successor offices, of General Counsel, Secretary of the Commission,
Commission Appellate Adjudication, Congressional Affairs, Public
Affairs, International Programs, Atomic Safety and Licensing Board
Panel, and Advisory Committee on Reactor Safeguards shall report
directly to the Commission and the Commission shall receive such
reports.
SEC. 10015. RESCISSION OF REORGANIZATION PLAN APPROVAL.
Approval of Reorganization Plan No. 1 of 1980 (5 U.S.C. App. 1) is
rescinded.
Subtitle B--Miscellaneous
SEC. 10021. CERTIFICATION OF DOCUMENTS TRANSMITTED TO CONGRESS.
A letter or other document transmitted by the Nuclear Regulatory
Commission, on behalf of the full Commission, to a member of Congress
in his or her capacity as chairman or ranking minority member of a
Committee of Congress, shall include a certification that the letter or
document is being sent to both the Chairman and ranking minority member
of that Committee in accordance with established Commission procedures.
SEC. 10022. TIME LIMITS FOR COMMISSION REVIEW OF ATOMIC SAFETY AND
LICENSING BOARD DECISIONS.
When reviewing the decisions and actions of the Atomic Safety and
Licensing Board, the Commission shall follow the following procedures:
(1) Each Commissioner shall vote on the matter not later
than 90 days after receipt of final briefs, after which time
the Commission shall not further delay a decision. Once a
majority position is established, the Secretary shall notify in
writing any Commissioners who have not voted that a majority
position has been established. Any Commissioners who have not
yet voted shall vote within three days of the Secretary's
notice or be considered by the Secretary as not participating.
(2) Not later than 30 days after a majority position is
established, the Commission shall publish any resulting
decision, including adjudicatory orders and direction to agency
staff. If a majority position is not established due to a tied
vote, not later than 30 days after Commission voting is
complete, the Commission shall publish any resulting decision,
including adjudicatory orders and direction to agency staff.
SEC. 10023. ALLEGATIONS OF WRONGDOING.
(a) Referral to Inspector General.--Not later than 90 days after
the date of enactment of this Act, the Nuclear Regulatory Commission
shall revise its procedures to ensure that any allegation of wrongdoing
on the part of the Chairman of the Commission is immediately referred
to the Inspector General of the Commission.
(b) Supervision of Inspector General.--During the pendency of any
investigation by the Inspector General of the Chairman with respect to
an allegation described in subsection (a), the Chairman shall delegate
responsibility for supervising the Inspector General to a member of the
Commission other than the Chairman, consistent with the Inspector
General Act of 1978.
SEC. 10024. APPROVAL OF COMMISSIONER TRAVEL.
The Chairman of the Nuclear Regulatory Commission shall authorize
all international travel requested by other members of the Commission
for official business unless the Chairman submits a notice of
disapproval to the full Commission specifying the basis for the
disapproval. The notice of disapproval shall be submitted within 5 days
after the travel is requested or the travel shall be deemed approved.
SEC. 10025. IMPLEMENTATION.
Except as otherwise specified in this title, the Commission shall
revise its procedures to conform to this title within 180 days of its
date of enactment.
TITLE XX--PERMITTING FOR ONSHORE AND OFFSHORE WIND ENERGY
Subtitle A--Offshore Meteorological Site Testing and Monitoring
SEC. 11001. SHORT TITLE.
This subtitle may be cited at the ``Advancing Offshore Wind
Production Act''.
SEC. 11002. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING
PROJECTS.
(a) Definition of an Offshore Meteorological Site Testing and
Monitoring Project.--In this section, the term ``offshore
meteorological site testing and monitoring project'' means a project
carried out on or in the waters of the Outer Continental Shelf
administered by the Department of the Interior to test or monitor
weather (including wind, tidal, current, and solar energy) using
towers, buoys, or other temporary ocean infrastructure, that--
(1) causes--
(A) less than 1 acre of surface or seafloor
disruption at the location of each meteorological tower
or other device; and
(B) not more than 5 acres of surface or seafloor
disruption within the proposed area affected by for the
project (including hazards to navigation);
(2) is decommissioned not more than 5 years after the date
of commencement of the project, including--
(A) removal of towers, buoys, or other temporary
ocean infrastructure from the project site; and
(B) restoration of the project site to
approximately the original condition of the site; and
(3) provides meteorological information obtained by the
project to the Secretary of the Interior.
(b) Offshore Meteorological Project Permitting.--
(1) In general.--The Secretary of the Interior shall by
regulation require that any applicant seeking to conduct an
offshore meteorological site testing and monitoring project on
the outer Continental Shelf (as that term is defined in the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.))
must obtain a permit and right-of-way for the project in
accordance with this subsection.
(2) Permit and right-of-way timeline and conditions.--
(A) Deadline for approval.--The Secretary shall
decide whether to issue a permit and right-of-way for
an offshore meteorological site testing and monitoring
project within 30 days after receiving an application.
(B) Public comment and consultation.--During the
period referred to in subparagraph (A), the Secretary
shall--
(i) provide an opportunity for submission
of comments by the public; and
(ii) consult with the Secretary of Defense,
the Commandant of the Coast Guard, and the
heads of other Federal, State, and local
agencies that would be affected by issuance of
the permit and right-of-way.
(C) Denial of permit; opportunity to remedy
deficiencies.--If the application is denied, the
Secretary shall provide the applicant--
(i) in writing, clear and comprehensive
reasons why the application was not approved
and detailed information concerning any
deficiencies in the application; and
(ii) an opportunity to remedy such
deficiencies.
(c) NEPA Exclusion.--Section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply
with respect to an offshore meteorological site testing and monitoring
project.
(d) Protection of Information.--The information provided to the
Secretary of the Interior pursuant to subsection (a)(3) shall be
treated by the Secretary as proprietary information and protected
against disclosure.
Subtitle B--Onshore Meteorological Site Testing and Monitoring
SEC. 11011. SHORT TITLE.
This subtitle may be cited at the ``Reducing Regulatory Obstacles
to Wind Energy Production Act''.
SEC. 11012. ONSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECT.
(a) Definition of Meteorological Site Testing and Monitoring
Project.--In this section, the term ``meteorological site testing and
monitoring project'' means a project carried out on land administered
by the Bureau of Land Management or the Forest Service to test or
monitor weather (including wind and solar energy) using towers or other
devices, that--
(1) causes--
(A) less than 1 acre of soil or vegetation
disruption at the location of each meteorological tower
or other device; and
(B) not more than 5 acres of soil or disruption
within the proposed right-of-way for the project;
(2) is installed--
(A) to the maximum extent practicable, using
existing access roads;
(B) in a manner that does not require off-road
motorized access other than 1 installation activity and
1 decommissioning activity along an identified off-road
route approved by the Director of the Bureau of Land
Management or Chief of the Forest Service;
(C) without construction of new roads other than
upgrading of existing minor drainage crossings for
safety purposes; and
(D) without the use of digging or drilling
equipment vehicles other than rubber-tired vehicles
with gross weight ratings under 8,500 pounds;
(3) is decommissioned not more than 5 years after the date
of commencement of the project, including--
(A) removal of any towers, devices, or other
surface infrastructure from the site; and
(B) restoration of the site to approximately the
condition that existed at the time the project began;
and
(4) provides meteorological information obtained by the
permitted project to the Bureau of Land Management and the
Forest Service.
(b) NEPA Exclusion.--Section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply
with respect to a meteorological site testing and monitoring project.
(c) Permit Timeline and Conditions.--
(1) In general.--The Director of the Bureau of Land
Management or Chief of the Forest Service, as applicable, shall
decide whether to issue a permit for a project that is a
meteorological site testing and monitoring project within 30
days after receiving an application for the permit.
(2) Public comment and consultation.--During the period
referred to in paragraph (1), the Director of the Bureau of
Land Management or the Chief of the Forest Service, as
applicable, shall--
(A) provide an opportunity for submission of
comments by the public; and
(B) consult with the heads of other Federal, State,
and local agencies that would be affected by the
issuance of the permit.
(3) Denial of application.--If the application is denied,
the Director or Chief, respectively, shall provide the
applicant--
(A) in writing, clear and comprehensive reasons why
the application was not approved and detailed
information concerning any deficiencies, and
(B) an opportunity to remedy any deficiencies.
(d) Protection of Information.--The information provided to the
Bureau of Land Management and the Forest Service pursuant to subsection
(a)(4) shall be treated by such agency as proprietary information and
protected against disclosure.
TITLE XXI--DOMESTIC PROSPERITY AND GLOBAL FREEDOM
SEC. 12001. SHORT TITLE.
This title may be cited as the ``Domestic Prosperity and Global
Freedom Act''.
SEC. 12002. AMENDMENTS.
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is
amended--
(1) by inserting ``(1)'' before ``For purposes'';
(2) by striking ``a nation with which there is in effect a
free trade agreement requiring national treatment for trade in
natural gas'' and inserting ``a World Trade Organization member
nation''; and
(3) by adding at the end the following:
``(2) For purposes of this subsection, the term `World Trade
Organization member nation' means a country described in section 2(10)
of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)).''.
SEC. 12003. PENDING APPLICATIONS.
Any application for authorization to export natural gas under
section 3 of the Natural Gas Act (15 U.S.C. 717b) for which a notice
has been published in the Federal Register before March 6, 2014, shall
be granted without modification or delay.
DIVISION IV--ACCESS TO CAPITAL
TITLE XXII--SMALL BUSINESS ACCESS TO CAPITAL
SEC. 13001. REGISTRATION AND REPORTING EXEMPTIONS RELATING TO PRIVATE
EQUITY FUNDS ADVISORS.
Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
3) is amended by adding at the end the following:
``(o) Exemption of and Reporting Requirements by Private Equity
Funds Advisors.--
``(1) In general.--Except as provided in this subsection,
no investment adviser shall be subject to the registration or
reporting requirements of this title with respect to the
provision of investment advice relating to a private equity
fund or funds, provided that each such fund has not borrowed
and does not have outstanding a principal amount in excess of
twice its invested capital commitments.
``(2) Maintenance of records and access by commission.--Not
later than 6 months after the date of enactment of this
subsection, the Commission shall issue final rules--
``(A) to require investment advisers described in
paragraph (1) to maintain such records and provide to
the Commission such annual or other reports as the
Commission taking into account fund size, governance,
investment strategy, risk, and other factors, as the
Commission determines necessary and appropriate in the
public interest and for the protection of investors;
and
``(B) to define the term `private equity fund' for
purposes of this subsection.''.
TITLE XXIII--COMMUNITY LENDING ENHANCEMENT AND REGULATORY RELIEF
SEC. 14001. CHANGES REQUIRED TO SMALL BANK HOLDING COMPANY POLICY
STATEMENT ON ASSESSMENT OF FINANCIAL AND MANAGERIAL
FACTORS.
(a) Small Bank Holding Company Policy Statement on Assessment of
Financial and Managerial Factors.--
(1) In general.--Before the end of the 6-month period
beginning on the date of the enactment of this title, the Board
of Governors of the Federal Reserve System shall publish in the
Federal Register proposed revisions to the Small Bank Holding
Company Policy Statement on Assessment of Financial and
Managerial Factors (12 C.F.R. part 225--appendix C) that
provide that the policy shall apply to a bank holding company
which has pro forma consolidated assets of less than
$5,000,000,000 and that--
(A) is not engaged in any nonbanking activities
involving significant leverage; and
(B) does not have a significant amount of
outstanding debt that is held by the general public.
(2) Adjustment of amount.--The Board of Governors of the
Federal Reserve System shall annually adjust the dollar amount
referred to in paragraph (1) in the Small Bank Holding Company
Policy Statement on Assessment of Financial and Managerial
Factors by an amount equal to the percentage increase, for the
most recent year, in total assets held by all insured
depository institutions, as determined by the Board.
(b) Increase in Debt-to-Equity Ratio of Small Bank Holding
Company.--Before the end of the 6-month period beginning on the date of
the enactment of this title, the Board of Governors of the Federal
Reserve System shall publish in the Federal Register proposed revisions
to the Small Bank Holding Company Policy Statement on Assessment of
Financial and Managerial Factors (12 C.F.R. part 225--appendix C) such
that the debt-to-equity ratio allowable for a small bank holding
company in order to remain eligible to pay a corporate dividend and to
remain eligible for expedited processing procedures under Regulation Y
of the Board of Governors of the Federal Reserve System would increase
from 1:1 to 3:1.
SEC. 14002. ESCROW REQUIREMENTS.
(a) In General.--Section 129D(c) of the Truth in Lending Act, as
added by section 1461(a) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D) and moving such
subparagraphs 2 ems to the right;
(2) striking ``The Board'' and inserting the following:
``(1) In general.--The Board''; and
(3) by adding at the end the following new paragraph:
``(2) Treatment of Loans Held by Smaller Creditors.--The Board
shall, by regulation, exempt from the requirements of subsection (a)
any loan secured by a first lien on a consumer's principle dwelling, if
such loan is held by a creditor with assets of $10,000,000,000 or
less.''.
SEC. 14003. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT UNDER THE
GRAMM-LEACH-BLILEY ACT.
Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is
amended by adding at the end the following:
``(f) Exception to Annual Notice Requirement.--A financial
institution that--
``(1) provides nonpublic personal information only in
accordance with the provisions of subsection (b)(2) or (e) of
section 502 or regulations prescribed under section 504(b), and
``(2) has not changed its policies and practices with
regard to disclosing nonpublic personal information from the
policies and practices that were disclosed in the most recent
disclosure sent to consumers in accordance with this
subsection,
shall not be required to provide an annual disclosure under this
subsection until such time as the financial institution fails to comply
with any criteria described in paragraph (1) or (2).''.
SEC. 14004. ACCOUNTING PRINCIPLES COST-BENEFIT REQUIREMENTS.
Section 19(b) of the Securities Act of 1933 (15 U.S.C. 77s(b)) is
amended by adding at the end the following:
``(3) Generally accepted accounting principles cost-benefit
requirements.--The Commission or its designee shall conduct
analyses of the costs and benefits (including economic
benefits) of any new or amended accounting principle described
under paragraph (1), and may not recognize such new or amended
accounting principle, unless the Commission or its designee
determines that the benefits to investors of such new or
amended accounting principle significantly outweigh its
costs.''.
SEC. 14005. COMMUNITY BANK EXEMPTION FROM ANNUAL MANAGEMENT ASSESSMENT
OF INTERNAL CONTROLS REQUIREMENT OF THE SARBANES-OXLEY
ACT OF 2002.
Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is
amended by adding the following new subsection:
``(d) Community Bank Exemption.--
``(1) In general.--This section shall not apply in any year
to any insured depository institution which, as of the close of
the preceding year, had total assets, as determined on a
consolidated basis, of $10,000,000,000 or less.
``(2) Adjustment of amount.--The Commission shall annually
adjust the dollar amount in paragraph (1) by an amount equal to
the percentage increase, for the most recent year, in total
assets held by all depository institutions, as reported by the
Federal Deposit Insurance Corporation.''.
SEC. 14006. CERTAIN LOANS INCLUDED AS QUALIFIED MORTGAGES.
Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C.
1639c(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (viii), by striking ``and'' at the
end;
(B) in clause (ix), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(x) that is originated and retained in
portfolio for a period of at least 3 years by a
creditor having less than $10,000,000,000 in
total assets.''; and
(2) in subparagraph (E)--
(A) by striking ``The Board may, by regulation''
and inserting ``The Bureau shall, by regulation''; and
(B) by amending clause (iv) to read as follows:
``(iv) that is extended by a creditor
that--
``(I) originates and retains the
balloon loans in portfolio for a period
of at least 3 years; and
``(II) together with all
affiliates, has total assets of
$10,000,000,000 or less.''.
SEC. 14007. INCREASE IN SMALL SERVICER EXEMPTION.
Section 6 of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2605) is amended by adding at the end the following:
``(n) Small Servicer Exemption.--The Bureau shall, by regulation,
provide exemptions to, or adjustments for, the provisions of this
section for servicers that service 20,000 or fewer mortgage loans, in
order to reduce regulatory burdens while appropriately balancing
consumer protections.''.
SEC. 14008. APPRAISER QUALIFICATION THRESHOLD.
Section 1112(b) of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 3341(b)) is amended--
(1) by striking ``may establish a threshold level at or''
and inserting ``shall establish a threshold level of
$250,000,''; and
(2) by striking ``transactions, if'' and inserting
``transactions. Each Federal financial institutions regulatory
agency and the Resolution Trust Corporation may establish a
higher threshold than $250,000, if''.
SEC. 14009. COORDINATION AMONG FINANCIAL INSTITUTIONS.
Chapter 53 of title 31, United States Code, is amended--
(1) by inserting after section 5332 the following new
section:
``Sec. 5333. Coordination among financial institutions
``(a) In General.--In the case of an entry received via an
automated clearing house, no receiving depository financial institution
shall be required to verify that the entry is not a prohibited
transaction, if the originating depository financial institution has
warranted, pursuant to the automated clearing house rules governing
such entry or otherwise, that the originating depository financial
institution has complied with the sanctions programs administered by
the Office of Foreign Assets Control in connection with such entry.
``(b) Definitions.--For purposes of this section:
``(1) Automated clearing house.--The term `automated
clearing house' means a funds transfer system governed by rules
which provide for the interbank clearing of electronic entries
for participating depository financial institutions.
``(2) Depository financial institution.--The term
`depository financial institution' means--
``(A) any insured depository institution, as such
term is defined under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813);
``(B) any depository institution which is eligible
to apply to become an insured depository institution
under section 5 of the Federal Deposit Insurance Act
(12 U.S.C. 1815);
``(C) any insured credit union, as defined in
section 101 of the Federal Credit Union Act (12 U.S.C.
1752); and
``(D) any credit union which is eligible to apply
to become an insured credit union pursuant to section
201 of the Federal Credit Union Act (12 U.S.C. 1781).
``(3) Entry.--The term `entry' means an order to request
for the transfer of funds through an automated clearing house.
``(4) Originating depository financial institution.--The
term `originating depository financial institution' means a
depository financial institution that transmits entries via an
automated clearing house for transmittal to a receiving
depository financial institution.
``(5) Prohibited transaction.--The term `prohibited
transaction' means a funds transfer originated on behalf of a
person to or from whom funds transfers are restricted by a
sanctions program administered by the Office of Foreign Assets
Control, including persons appearing on the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control.
``(6) Receiving depository financial institution.--The term
`receiving depository financial institution' means a depository
financial institution that receives entries via an automated
clearing house from an originating depository financial
institution for debit or credit to the accounts of its
customers.''; and
(2) in the table of contents for such chapter by inserting
after the item relating to section 5332 the following new item:
``5333. Coordination among financial institutions.''.
<all>